Bill Text: IL SB2435 | 2021-2022 | 102nd General Assembly | Enrolled
Bill Title: Creates the First 2021 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0558 [SB2435 Detail]
Download: Illinois-2021-SB2435-Enrolled.html
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1 | AN ACT to revise the law by combining multiple enactments
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2 | and making technical corrections.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 1. Nature of this Act. | ||||||
6 | (a) This Act may be cited as the First 2021 General | ||||||
7 | Revisory Act. | ||||||
8 | (b) This Act is not intended to make any substantive | ||||||
9 | change in the law. It reconciles conflicts that have arisen | ||||||
10 | from multiple amendments and enactments and makes technical | ||||||
11 | corrections and revisions in the law. | ||||||
12 | This Act revises and, where appropriate, renumbers certain | ||||||
13 | Sections that have been added or amended by more than one | ||||||
14 | Public Act. In certain cases in which a repealed Act or Section | ||||||
15 | has been replaced with a successor law, this Act may | ||||||
16 | incorporate amendments to the repealed Act or Section into the | ||||||
17 | successor law. This Act also corrects errors, revises | ||||||
18 | cross-references, and deletes obsolete text. | ||||||
19 | (c) In this Act, the reference at the end of each amended | ||||||
20 | Section indicates the sources in the Session Laws of Illinois | ||||||
21 | that were used in the preparation of the text of that Section. | ||||||
22 | The text of the Section included in this Act is intended to | ||||||
23 | include the different versions of the Section found in the | ||||||
24 | Public Acts included in the list of sources, but may not |
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1 | include other versions of the Section to be found in Public | ||||||
2 | Acts not included in the list of sources. The list of sources | ||||||
3 | is not a part of the text of the Section. | ||||||
4 | (d) Public Acts 100-1178 through 101-651 were considered | ||||||
5 | in the preparation of the combining revisories included in | ||||||
6 | this Act. Many of those combining revisories contain no | ||||||
7 | striking or underscoring because no additional changes are | ||||||
8 | being made in the material that is being combined.
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9 | Section 5. The Regulatory Sunset Act is amended by | ||||||
10 | changing Sections 4.30 and 4.40 as follows:
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11 | (5 ILCS 80/4.30) | ||||||
12 | Sec. 4.30. Act Acts repealed on January 1, 2020. The | ||||||
13 | following Act is Acts are repealed on January 1, 2020: | ||||||
14 | The Illinois Landscape Architecture Act of 1989.
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15 | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||||||
16 | 100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff. | ||||||
17 | 8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, | ||||||
18 | eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; | ||||||
19 | 101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff. | ||||||
20 | 12-20-19; revised 1-6-20.)
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21 | (5 ILCS 80/4.40) | ||||||
22 | Sec. 4.40. Acts Act repealed on January 1, 2030. The | ||||||
23 | following Acts are Act is repealed on January 1, 2030: |
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1 | The Auction License Act.
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2 | The Illinois Architecture Practice Act of 1989. | ||||||
3 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
4 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
5 | The Perfusionist Practice Act. | ||||||
6 | The Professional Engineering Practice Act of 1989. | ||||||
7 | The Real Estate License Act of 2000. | ||||||
8 | The Structural Engineering Practice Act of 1989. | ||||||
9 | (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; | ||||||
10 | 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. | ||||||
11 | 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, | ||||||
12 | eff. 8-9-19; revised 9-27-19.)
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13 | Section 10. The Illinois Administrative Procedure Act is | ||||||
14 | amended by setting forth, renumbering, and
changing multiple | ||||||
15 | versions of Sections 5-45.1 and 5-45.2 as follows:
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16 | (5 ILCS 100/5-45.1) | ||||||
17 | (Section scheduled to be repealed on January 1, 2026) | ||||||
18 | Sec. 5-45.1. Emergency rulemaking. To provide for the | ||||||
19 | expeditious and timely
implementation of changes made to
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20 | Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code by | ||||||
21 | Public Act 101-650 this amendatory Act of the 101st General
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22 | Assembly , emergency rules may be adopted in
accordance with | ||||||
23 | Section 5-45 by the respective Department. The 24-month | ||||||
24 | limitation on the adoption of emergency rules does not apply |
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1 | to rules adopted under this Section. The adoption of emergency | ||||||
2 | rules authorized
by Section 5-45 and this Section is deemed to | ||||||
3 | be necessary for
the public interest, safety, and welfare. | ||||||
4 | This Section is repealed on January 1, 2026.
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5 | (Source: P.A. 101-650, eff. 7-7-20; revised 8-3-20.)
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6 | (5 ILCS 100/5-45.2) | ||||||
7 | (Section scheduled to be repealed on January 1, 2026) | ||||||
8 | Sec. 5-45.2. Emergency rulemaking; Grants to local tourism | ||||||
9 | and convention bureaus. To provide for the expeditious and | ||||||
10 | timely implementation of the changes made to Section 605-705 | ||||||
11 | of the Department of Commerce and Economic Opportunity Law of | ||||||
12 | the Civil Administrative Code of Illinois by Public Act | ||||||
13 | 101-636 this amendatory Act of the 101st General Assembly , | ||||||
14 | emergency rules implementing the changes made to Section | ||||||
15 | 605-705 of the Department of Commerce and Economic Opportunity | ||||||
16 | Law of the Civil Administrative Code of Illinois by Public Act | ||||||
17 | 101-636 this amendatory Act of the 101st General Assembly may | ||||||
18 | be adopted in accordance with Section 5-45 by the Department | ||||||
19 | of Commerce and Economic Opportunity. The adoption of | ||||||
20 | emergency rules authorized by Section 5-45 and this Section is | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | This Section is repealed on January 1, 2026.
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24 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
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1 | (5 ILCS 100/5-45.4) | ||||||
2 | (Section scheduled to be repealed on January 1, 2026) | ||||||
3 | Sec. 5-45.4 5-45.1 . Emergency rulemaking; Local | ||||||
4 | Coronavirus Urgent Remediation Emergency (or Local CURE) | ||||||
5 | Support Program. To provide for the expeditious and timely | ||||||
6 | implementation of the Local Coronavirus Urgent Remediation | ||||||
7 | Emergency (or Local CURE) Support Program, emergency rules | ||||||
8 | implementing the Local Coronavirus Urgent Remediation | ||||||
9 | Emergency (or Local CURE) Support Program may be adopted in | ||||||
10 | accordance with Section 5-45 by the Department of Commerce and | ||||||
11 | Economic Opportunity. The adoption of emergency rules | ||||||
12 | authorized by Section 5-45 and this Section is deemed to be | ||||||
13 | necessary for the public interest, safety, and welfare. | ||||||
14 | This Section is repealed on January 1, 2026.
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15 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
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16 | (5 ILCS 100/5-45.5) | ||||||
17 | Sec. 5-45.5 5-45.1 . (Repealed). | ||||||
18 | (Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed | ||||||
19 | internally, eff. 1-1-21.)
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20 | (5 ILCS 100/5-45.6) | ||||||
21 | Sec. 5-45.6 5-45.1 . (Repealed). | ||||||
22 | (Source: P.A. 101-642, eff. 6-16-20; revised 8-3-20. Repealed | ||||||
23 | internally, eff. 1-1-21.)
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1 | (5 ILCS 100/5-45.7) | ||||||
2 | Sec. 5-45.7 5-45.2 . (Repealed). | ||||||
3 | (Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed | ||||||
4 | internally, eff. 1-1-21.)
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5 | Section 15. The Open Meetings Act is amended by changing | ||||||
6 | Sections 1.05 and 2 as follows:
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7 | (5 ILCS 120/1.05)
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8 | Sec. 1.05. Training. | ||||||
9 | (a) Every public body shall designate employees, officers, | ||||||
10 | or members to receive training on compliance with this Act. | ||||||
11 | Each public body shall submit a list of designated employees, | ||||||
12 | officers, or members to the Public Access Counselor. Within 6 | ||||||
13 | months after January 1, 2010 ( the effective date of Public Act | ||||||
14 | 96-542) this amendatory Act of the 96th General Assembly , the | ||||||
15 | designated employees, officers, and members must successfully | ||||||
16 | complete an electronic training curriculum, developed and | ||||||
17 | administered by the Public Access Counselor, and thereafter | ||||||
18 | must successfully complete an annual training program. | ||||||
19 | Thereafter, whenever a public body designates an additional | ||||||
20 | employee, officer, or member to receive this training, that | ||||||
21 | person must successfully complete the electronic training | ||||||
22 | curriculum within 30 days after that designation.
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23 | (b) Except as otherwise provided in this Section, each | ||||||
24 | elected or appointed member of a public body subject to this |
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1 | Act who is such a member on January 1, 2012 ( the effective date | ||||||
2 | of Public Act 97-504) this amendatory Act of the 97th General | ||||||
3 | Assembly must successfully complete the electronic training | ||||||
4 | curriculum developed and administered by the Public Access | ||||||
5 | Counselor. For these members, the training must be completed | ||||||
6 | within one year after January 1, 2012 ( the effective date of | ||||||
7 | Public Act 97-504) this amendatory Act . | ||||||
8 | Except as otherwise provided in this Section, each elected | ||||||
9 | or appointed member of a public body subject to this Act who | ||||||
10 | becomes such a member after January 1, 2012 ( the effective | ||||||
11 | date of Public Act 97-504) this amendatory Act of the 97th | ||||||
12 | General Assembly shall successfully complete the electronic | ||||||
13 | training curriculum developed and administered by the Public | ||||||
14 | Access Counselor. For these members, the training must be | ||||||
15 | completed not later than the 90th day after the date the | ||||||
16 | member: | ||||||
17 | (1) takes the oath of office, if the member is | ||||||
18 | required to take an oath of office to assume the person's | ||||||
19 | duties as a member of the public body; or | ||||||
20 | (2) otherwise assumes responsibilities as a member of | ||||||
21 | the public body, if the member is not required to take an | ||||||
22 | oath of office to assume the person's duties as a member of | ||||||
23 | the governmental body. | ||||||
24 | Each member successfully completing the electronic | ||||||
25 | training curriculum shall file a copy of the certificate of | ||||||
26 | completion with the public body. |
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1 | Completing the required training as a member of the public | ||||||
2 | body satisfies the requirements of this Section with regard to | ||||||
3 | the member's service on a committee or subcommittee of the | ||||||
4 | public body and the member's ex officio service on any other | ||||||
5 | public body. | ||||||
6 | The failure of one or more members of a public body to | ||||||
7 | complete the training required by this Section does not affect | ||||||
8 | the validity of an action taken by the public body. | ||||||
9 | An elected or appointed member of a public body subject to | ||||||
10 | this Act who has successfully completed the training required | ||||||
11 | under this subsection (b) and filed a copy of the certificate | ||||||
12 | of completion with the public body is not required to | ||||||
13 | subsequently complete the training required under this | ||||||
14 | subsection (b). | ||||||
15 | (c) An elected school board member may satisfy the | ||||||
16 | training requirements of this Section by participating in a | ||||||
17 | course of training sponsored or conducted by an organization | ||||||
18 | created under Article 23 of the School Code. The course of | ||||||
19 | training shall include, but not be limited to, instruction in: | ||||||
20 | (1) the general background of the legal requirements | ||||||
21 | for open meetings; | ||||||
22 | (2) the applicability of this Act to public bodies; | ||||||
23 | (3) procedures and requirements regarding quorums, | ||||||
24 | notice, and record-keeping under this Act; | ||||||
25 | (4) procedures and requirements for holding an open | ||||||
26 | meeting and for holding a closed meeting under this Act; |
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1 | and | ||||||
2 | (5) penalties and other consequences for failing to | ||||||
3 | comply with this Act. | ||||||
4 | If an organization created under Article 23 of the School | ||||||
5 | Code provides a course of training under this subsection (c), | ||||||
6 | it must provide a certificate of course completion to each | ||||||
7 | school board member who successfully completes that course of | ||||||
8 | training. | ||||||
9 | (d) A commissioner of a drainage district may satisfy the | ||||||
10 | training requirements of this Section by participating in a | ||||||
11 | course of training sponsored or conducted by an organization | ||||||
12 | that represents the drainage districts created under the | ||||||
13 | Illinois Drainage Code. The course of training shall include, | ||||||
14 | but not be limited to, instruction in: | ||||||
15 | (1) the general background of the legal requirements | ||||||
16 | for open meetings; | ||||||
17 | (2) the applicability of this Act to public bodies; | ||||||
18 | (3) procedures and requirements regarding quorums, | ||||||
19 | notice, and record-keeping under this Act; | ||||||
20 | (4) procedures and requirements for holding an open | ||||||
21 | meeting and for holding a closed meeting under this Act; | ||||||
22 | and | ||||||
23 | (5) penalties and other consequences for failing to | ||||||
24 | comply with this Act. | ||||||
25 | If an organization that represents the drainage districts | ||||||
26 | created under the Illinois Drainage Code provides a course of |
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1 | training under this subsection (d), it must provide a | ||||||
2 | certificate of course completion to each commissioner who | ||||||
3 | successfully completes that course of training. | ||||||
4 | (e) A director of a soil and water conservation district | ||||||
5 | may satisfy the training requirements of this Section by | ||||||
6 | participating in a course of training sponsored or conducted | ||||||
7 | by an organization that represents soil and water conservation | ||||||
8 | districts created under the Soil and Water Conservation | ||||||
9 | Districts Act. The course of training shall include, but not | ||||||
10 | be limited to, instruction in: | ||||||
11 | (1) the general background of the legal requirements | ||||||
12 | for open meetings; | ||||||
13 | (2) the applicability of this Act to public bodies; | ||||||
14 | (3) procedures and requirements regarding quorums, | ||||||
15 | notice, and record-keeping under this Act; | ||||||
16 | (4) procedures and requirements for holding an open | ||||||
17 | meeting and for holding a closed meeting under this Act; | ||||||
18 | and | ||||||
19 | (5) penalties and other consequences for failing to | ||||||
20 | comply with this Act. | ||||||
21 | If an organization that represents the soil and water | ||||||
22 | conservation districts created under the Soil and Water | ||||||
23 | Conservation Districts Act provides a course of training under | ||||||
24 | this subsection (e), it must provide a certificate of course | ||||||
25 | completion to each director who successfully completes that | ||||||
26 | course of training. |
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1 | (f) An elected or appointed member of a public body of a | ||||||
2 | park district, forest preserve district, or conservation | ||||||
3 | district may satisfy the training requirements of this Section | ||||||
4 | by participating in a course of training sponsored or | ||||||
5 | conducted by an organization that represents the park | ||||||
6 | districts created in the Park District Code. The course of | ||||||
7 | training shall include, but not be limited to, instruction in: | ||||||
8 | (1) the general background of the legal requirements | ||||||
9 | for open meetings; | ||||||
10 | (2) the applicability of this Act to public bodies; | ||||||
11 | (3) procedures and requirements regarding quorums, | ||||||
12 | notice, and record-keeping under this Act; | ||||||
13 | (4) procedures and requirements for holding an open | ||||||
14 | meeting and for holding a closed meeting under this Act; | ||||||
15 | and | ||||||
16 | (5) penalties and other consequences for failing to | ||||||
17 | comply with this Act. | ||||||
18 | If an organization that represents the park districts | ||||||
19 | created in the Park District Code provides a course of | ||||||
20 | training under this subsection (f), it must provide a | ||||||
21 | certificate of course completion to each elected or appointed | ||||||
22 | member of a public body who successfully completes that course | ||||||
23 | of training. | ||||||
24 | (g) An elected or appointed member of the board of | ||||||
25 | trustees of a fire protection district may satisfy the | ||||||
26 | training requirements of this Section by participating in a |
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1 | course of training sponsored or conducted by an organization | ||||||
2 | that represents fire protection districts created under the | ||||||
3 | Fire Protection District Act. The course of training shall | ||||||
4 | include, but not be limited to, instruction in: | ||||||
5 | (1) the general background of the legal requirements | ||||||
6 | for open meetings; | ||||||
7 | (2) the applicability of this Act to public bodies; | ||||||
8 | (3) procedures and requirements regarding quorums, | ||||||
9 | notice, and record-keeping under this Act; | ||||||
10 | (4) procedures and requirements for holding an open | ||||||
11 | meeting and for holding a closed meeting under this Act; | ||||||
12 | and | ||||||
13 | (5) penalties and other consequences for failing to | ||||||
14 | comply with this Act. | ||||||
15 | If an organization that represents fire protection | ||||||
16 | districts organized under the Fire Protection District Act | ||||||
17 | provides a course of training under this subsection (g), it | ||||||
18 | must provide a certificate of course completion to each | ||||||
19 | elected or appointed member of a board of trustees who | ||||||
20 | successfully completes that course of training. | ||||||
21 | (h) (g) An elected or appointed member of a public body of | ||||||
22 | a municipality may satisfy the training requirements of this | ||||||
23 | Section by participating in a course of training sponsored or | ||||||
24 | conducted by an organization that represents municipalities as | ||||||
25 | designated in Section 1-8-1 of the Illinois Municipal Code. | ||||||
26 | The course of training shall include, but not be limited to, |
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1 | instruction in: | ||||||
2 | (1) the general background of the legal requirements | ||||||
3 | for open meetings; | ||||||
4 | (2) the applicability of this Act to public bodies; | ||||||
5 | (3) procedures and requirements regarding quorums, | ||||||
6 | notice, and record-keeping under this Act; | ||||||
7 | (4) procedures and requirements for holding an open | ||||||
8 | meeting and for holding a closed meeting under this Act; | ||||||
9 | and | ||||||
10 | (5) penalties and other consequences for failing to | ||||||
11 | comply with this Act. | ||||||
12 | If an organization that represents municipalities as | ||||||
13 | designated in Section 1-8-1 of the Illinois Municipal Code | ||||||
14 | provides a course of training under this subsection (h) (g) , | ||||||
15 | it must provide a certificate of course completion to each | ||||||
16 | elected or appointed member of a public body who successfully | ||||||
17 | completes that course of training. | ||||||
18 | (Source: P.A. 100-1127, eff. 11-27-18; 101-233, eff. 1-1-20; | ||||||
19 | revised 9-27-19.)
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20 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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21 | Sec. 2. Open meetings.
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22 | (a) Openness required. All meetings of public
bodies shall | ||||||
23 | be open to the public unless excepted in subsection (c)
and | ||||||
24 | closed in accordance with Section 2a.
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25 | (b) Construction of exceptions. The exceptions contained |
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1 | in subsection
(c) are in derogation of the requirement that | ||||||
2 | public bodies
meet in the open, and therefore, the exceptions | ||||||
3 | are to be strictly
construed, extending only to subjects | ||||||
4 | clearly within their scope.
The exceptions authorize but do | ||||||
5 | not require the holding of
a closed meeting to discuss a | ||||||
6 | subject included within an enumerated exception.
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7 | (c) Exceptions. A public body may hold closed meetings to | ||||||
8 | consider the
following subjects:
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9 | (1) The appointment, employment, compensation, | ||||||
10 | discipline, performance,
or dismissal of specific | ||||||
11 | employees, specific individuals who serve as independent | ||||||
12 | contractors in a park, recreational, or educational | ||||||
13 | setting, or specific volunteers of the public body or | ||||||
14 | legal counsel for
the public body, including hearing
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15 | testimony on a complaint lodged against an employee, a | ||||||
16 | specific individual who serves as an independent | ||||||
17 | contractor in a park, recreational, or educational | ||||||
18 | setting, or a volunteer of the public body or
against | ||||||
19 | legal counsel for the public body to determine its | ||||||
20 | validity. However, a meeting to consider an increase in | ||||||
21 | compensation to a specific employee of a public body that | ||||||
22 | is subject to the Local Government Wage Increase | ||||||
23 | Transparency Act may not be closed and shall be open to the | ||||||
24 | public and posted and held in accordance with this Act.
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25 | (2) Collective negotiating matters between the public | ||||||
26 | body and its
employees or their representatives, or |
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1 | deliberations concerning salary
schedules for one or more | ||||||
2 | classes of employees.
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3 | (3) The selection of a person to fill a public office,
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4 | as defined in this Act, including a vacancy in a public | ||||||
5 | office, when the public
body is given power to appoint | ||||||
6 | under law or ordinance, or the discipline,
performance or | ||||||
7 | removal of the occupant of a public office, when the | ||||||
8 | public body
is given power to remove the occupant under | ||||||
9 | law or ordinance.
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10 | (4) Evidence or testimony presented in open hearing, | ||||||
11 | or in closed
hearing where specifically authorized by law, | ||||||
12 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
13 | provided that the body
prepares and makes available for | ||||||
14 | public inspection a written decision
setting forth its | ||||||
15 | determinative reasoning.
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16 | (5) The purchase or lease of real property for the use | ||||||
17 | of
the public body, including meetings held for the | ||||||
18 | purpose of discussing
whether a particular parcel should | ||||||
19 | be acquired.
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20 | (6) The setting of a price for sale or lease of | ||||||
21 | property owned
by the public body.
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22 | (7) The sale or purchase of securities, investments, | ||||||
23 | or investment
contracts. This exception shall not apply to | ||||||
24 | the investment of assets or income of funds deposited into | ||||||
25 | the Illinois Prepaid Tuition Trust Fund.
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26 | (8) Security procedures, school building safety and |
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1 | security, and the use of personnel and
equipment to | ||||||
2 | respond to an actual, a threatened, or a reasonably
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3 | potential danger to the safety of employees, students, | ||||||
4 | staff, the public, or
public
property.
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5 | (9) Student disciplinary cases.
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6 | (10) The placement of individual students in special | ||||||
7 | education
programs and other matters relating to | ||||||
8 | individual students.
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9 | (11) Litigation, when an action against, affecting or | ||||||
10 | on behalf of the
particular public body has been filed and | ||||||
11 | is pending before a court or
administrative tribunal, or | ||||||
12 | when the public body finds that an action is
probable or | ||||||
13 | imminent, in which case the basis for the finding shall be
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14 | recorded and entered into the minutes of the closed | ||||||
15 | meeting.
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16 | (12) The establishment of reserves or settlement of | ||||||
17 | claims as provided
in the Local Governmental and | ||||||
18 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
19 | disposition of a claim or potential claim might be
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20 | prejudiced, or the review or discussion of claims, loss or | ||||||
21 | risk management
information, records, data, advice or | ||||||
22 | communications from or with respect
to any insurer of the | ||||||
23 | public body or any intergovernmental risk management
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24 | association or self insurance pool of which the public | ||||||
25 | body is a member.
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26 | (13) Conciliation of complaints of discrimination in |
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1 | the sale or rental
of housing, when closed meetings are | ||||||
2 | authorized by the law or ordinance
prescribing fair | ||||||
3 | housing practices and creating a commission or
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4 | administrative agency for their enforcement.
| ||||||
5 | (14) Informant sources, the hiring or assignment of | ||||||
6 | undercover personnel
or equipment, or ongoing, prior or | ||||||
7 | future criminal investigations, when
discussed by a public | ||||||
8 | body with criminal investigatory responsibilities.
| ||||||
9 | (15) Professional ethics or performance when | ||||||
10 | considered by an advisory
body appointed to advise a | ||||||
11 | licensing or regulatory agency on matters
germane to the | ||||||
12 | advisory body's field of competence.
| ||||||
13 | (16) Self evaluation, practices and procedures or | ||||||
14 | professional ethics,
when meeting with a representative of | ||||||
15 | a statewide association of which the
public body is a | ||||||
16 | member.
| ||||||
17 | (17) The recruitment, credentialing, discipline or | ||||||
18 | formal peer review
of physicians or other
health care | ||||||
19 | professionals, or for the discussion of matters protected | ||||||
20 | under the federal Patient Safety and Quality Improvement | ||||||
21 | Act of 2005, and the regulations promulgated thereunder, | ||||||
22 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
23 | Health Insurance Portability and Accountability Act of | ||||||
24 | 1996, and the regulations promulgated thereunder, | ||||||
25 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
26 | hospital, or
other institution providing medical care, |
| |||||||
| |||||||
1 | that is operated by the public body.
| ||||||
2 | (18) Deliberations for decisions of the Prisoner | ||||||
3 | Review Board.
| ||||||
4 | (19) Review or discussion of applications received | ||||||
5 | under the
Experimental Organ Transplantation Procedures | ||||||
6 | Act.
| ||||||
7 | (20) The classification and discussion of matters | ||||||
8 | classified as
confidential or continued confidential by | ||||||
9 | the State Government Suggestion Award
Board.
| ||||||
10 | (21) Discussion of minutes of meetings lawfully closed | ||||||
11 | under this Act,
whether for purposes of approval by the | ||||||
12 | body of the minutes or semi-annual
review of the minutes | ||||||
13 | as mandated by Section 2.06.
| ||||||
14 | (22) Deliberations for decisions of the State
| ||||||
15 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
16 | (23) The operation by a municipality of a municipal | ||||||
17 | utility or the
operation of a
municipal power agency or | ||||||
18 | municipal natural gas agency when the
discussion involves | ||||||
19 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
20 | of electricity or natural gas or (ii) the results
or | ||||||
21 | conclusions of load forecast studies.
| ||||||
22 | (24) Meetings of a residential health care facility | ||||||
23 | resident sexual
assault and death review
team or
the | ||||||
24 | Executive
Council under the Abuse Prevention Review
Team | ||||||
25 | Act.
| ||||||
26 | (25) Meetings of an independent team of experts under |
| |||||||
| |||||||
1 | Brian's Law. | ||||||
2 | (26) Meetings of a mortality review team appointed | ||||||
3 | under the Department of Juvenile Justice Mortality Review | ||||||
4 | Team Act. | ||||||
5 | (27) (Blank). | ||||||
6 | (28) Correspondence and records (i) that may not be | ||||||
7 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
8 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
9 | the Illinois Public Aid Code. | ||||||
10 | (29) Meetings between internal or external auditors | ||||||
11 | and governmental audit committees, finance committees, and | ||||||
12 | their equivalents, when the discussion involves internal | ||||||
13 | control weaknesses, identification of potential fraud risk | ||||||
14 | areas, known or suspected frauds, and fraud interviews | ||||||
15 | conducted in accordance with generally accepted auditing | ||||||
16 | standards of the United States of America. | ||||||
17 | (30) Those meetings or portions of meetings of a | ||||||
18 | fatality review team or the Illinois Fatality Review Team | ||||||
19 | Advisory Council during which a review of the death of an | ||||||
20 | eligible adult in which abuse or neglect is suspected, | ||||||
21 | alleged, or substantiated is conducted pursuant to Section | ||||||
22 | 15 of the Adult Protective Services Act. | ||||||
23 | (31) Meetings and deliberations for decisions of the | ||||||
24 | Concealed Carry Licensing Review Board under the Firearm | ||||||
25 | Concealed Carry Act. | ||||||
26 | (32) Meetings between the Regional Transportation |
| |||||||
| |||||||
1 | Authority Board and its Service Boards when the discussion | ||||||
2 | involves review by the Regional Transportation Authority | ||||||
3 | Board of employment contracts under Section 28d of the | ||||||
4 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
5 | 3B.26 of the Regional Transportation Authority Act. | ||||||
6 | (33) Those meetings or portions of meetings of the | ||||||
7 | advisory committee and peer review subcommittee created | ||||||
8 | under Section 320 of the Illinois Controlled Substances | ||||||
9 | Act during which specific controlled substance prescriber, | ||||||
10 | dispenser, or patient information is discussed. | ||||||
11 | (34) Meetings of the Tax Increment Financing Reform | ||||||
12 | Task Force under Section 2505-800 of the Department of | ||||||
13 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
14 | (35) Meetings of the group established to discuss | ||||||
15 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
16 | Illinois Public Aid Code. | ||||||
17 | (36) Those deliberations or portions of deliberations | ||||||
18 | for decisions of the Illinois Gaming Board in which there | ||||||
19 | is discussed any of the following: (i) personal, | ||||||
20 | commercial, financial, or other information obtained from | ||||||
21 | any source that is privileged, proprietary, confidential, | ||||||
22 | or a trade secret; or (ii) information specifically | ||||||
23 | exempted from the disclosure by federal or State law. | ||||||
24 | (d) Definitions. For purposes of this Section:
| ||||||
25 | "Employee" means a person employed by a public body whose | ||||||
26 | relationship
with the public body constitutes an |
| |||||||
| |||||||
1 | employer-employee relationship under
the usual common law | ||||||
2 | rules, and who is not an independent contractor.
| ||||||
3 | "Public office" means a position created by or under the
| ||||||
4 | Constitution or laws of this State, the occupant of which is | ||||||
5 | charged with
the exercise of some portion of the sovereign | ||||||
6 | power of this State. The term
"public office" shall include | ||||||
7 | members of the public body, but it shall not
include | ||||||
8 | organizational positions filled by members thereof, whether
| ||||||
9 | established by law or by a public body itself, that exist to | ||||||
10 | assist the
body in the conduct of its business.
| ||||||
11 | "Quasi-adjudicative body" means an administrative body | ||||||
12 | charged by law or
ordinance with the responsibility to conduct | ||||||
13 | hearings, receive evidence or
testimony and make | ||||||
14 | determinations based
thereon, but does not include
local | ||||||
15 | electoral boards when such bodies are considering petition | ||||||
16 | challenges.
| ||||||
17 | (e) Final action. No final action may be taken at a closed | ||||||
18 | meeting.
Final action shall be preceded by a public recital of | ||||||
19 | the nature of the
matter being considered and other | ||||||
20 | information that will inform the
public of the business being | ||||||
21 | conducted.
| ||||||
22 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
23 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
24 | 8-23-19; revised 9-27-19.)
| ||||||
25 | Section 20. The Freedom of Information Act is amended by |
| |||||||
| |||||||
1 | changing Section 7 as follows:
| ||||||
2 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
3 | Sec. 7. Exemptions.
| ||||||
4 | (1) When a request is made to inspect or copy a public | ||||||
5 | record that contains information that is exempt from | ||||||
6 | disclosure under this Section, but also contains information | ||||||
7 | that is not exempt from disclosure, the public body may elect | ||||||
8 | to redact the information that is exempt. The public body | ||||||
9 | shall make the remaining information available for inspection | ||||||
10 | and copying. Subject to this requirement, the following shall | ||||||
11 | be exempt from inspection and copying:
| ||||||
12 | (a) Information specifically prohibited from | ||||||
13 | disclosure by federal or
State law or rules and | ||||||
14 | regulations implementing federal or State law.
| ||||||
15 | (b) Private information, unless disclosure is required | ||||||
16 | by another provision of this Act, a State or federal law or | ||||||
17 | a court order. | ||||||
18 | (b-5) Files, documents, and other data or databases | ||||||
19 | maintained by one or more law enforcement agencies and | ||||||
20 | specifically designed to provide information to one or | ||||||
21 | more law enforcement agencies regarding the physical or | ||||||
22 | mental status of one or more individual subjects. | ||||||
23 | (c) Personal information contained within public | ||||||
24 | records, the disclosure of which would constitute a | ||||||
25 | clearly
unwarranted invasion of personal privacy, unless |
| |||||||
| |||||||
1 | the disclosure is
consented to in writing by the | ||||||
2 | individual subjects of the information. "Unwarranted | ||||||
3 | invasion of personal privacy" means the disclosure of | ||||||
4 | information that is highly personal or objectionable to a | ||||||
5 | reasonable person and in which the subject's right to | ||||||
6 | privacy outweighs any legitimate public interest in | ||||||
7 | obtaining the information. The
disclosure of information | ||||||
8 | that bears on the public duties of public
employees and | ||||||
9 | officials shall not be considered an invasion of personal
| ||||||
10 | privacy.
| ||||||
11 | (d) Records in the possession of any public body | ||||||
12 | created in the course of administrative enforcement
| ||||||
13 | proceedings, and any law enforcement or correctional | ||||||
14 | agency for
law enforcement purposes,
but only to the | ||||||
15 | extent that disclosure would:
| ||||||
16 | (i) interfere with pending or actually and | ||||||
17 | reasonably contemplated
law enforcement proceedings | ||||||
18 | conducted by any law enforcement or correctional
| ||||||
19 | agency that is the recipient of the request;
| ||||||
20 | (ii) interfere with active administrative | ||||||
21 | enforcement proceedings
conducted by the public body | ||||||
22 | that is the recipient of the request;
| ||||||
23 | (iii) create a substantial likelihood that a | ||||||
24 | person will be deprived of a fair trial or an impartial | ||||||
25 | hearing;
| ||||||
26 | (iv) unavoidably disclose the identity of a |
| |||||||
| |||||||
1 | confidential source, confidential information | ||||||
2 | furnished only by the confidential source, or persons | ||||||
3 | who file complaints with or provide information to | ||||||
4 | administrative, investigative, law enforcement, or | ||||||
5 | penal agencies; except that the identities of | ||||||
6 | witnesses to traffic accidents, traffic accident | ||||||
7 | reports, and rescue reports shall be provided by | ||||||
8 | agencies of local government, except when disclosure | ||||||
9 | would interfere with an active criminal investigation | ||||||
10 | conducted by the agency that is the recipient of the | ||||||
11 | request;
| ||||||
12 | (v) disclose unique or specialized investigative | ||||||
13 | techniques other than
those generally used and known | ||||||
14 | or disclose internal documents of
correctional | ||||||
15 | agencies related to detection, observation or | ||||||
16 | investigation of
incidents of crime or misconduct, and | ||||||
17 | disclosure would result in demonstrable harm to the | ||||||
18 | agency or public body that is the recipient of the | ||||||
19 | request;
| ||||||
20 | (vi) endanger the life or physical safety of law | ||||||
21 | enforcement personnel
or any other person; or
| ||||||
22 | (vii) obstruct an ongoing criminal investigation | ||||||
23 | by the agency that is the recipient of the request.
| ||||||
24 | (d-5) A law enforcement record created for law | ||||||
25 | enforcement purposes and contained in a shared electronic | ||||||
26 | record management system if the law enforcement agency |
| |||||||
| |||||||
1 | that is the recipient of the request did not create the | ||||||
2 | record, did not participate in or have a role in any of the | ||||||
3 | events which are the subject of the record, and only has | ||||||
4 | access to the record through the shared electronic record | ||||||
5 | management system. | ||||||
6 | (e) Records that relate to or affect the security of | ||||||
7 | correctional
institutions and detention facilities.
| ||||||
8 | (e-5) Records requested by persons committed to the | ||||||
9 | Department of Corrections, Department of Human Services | ||||||
10 | Division of Mental Health, or a county jail if those | ||||||
11 | materials are available in the library of the correctional | ||||||
12 | institution or facility or jail where the inmate is | ||||||
13 | confined. | ||||||
14 | (e-6) Records requested by persons committed to the | ||||||
15 | Department of Corrections, Department of Human Services | ||||||
16 | Division of Mental Health, or a county jail if those | ||||||
17 | materials include records from staff members' personnel | ||||||
18 | files, staff rosters, or other staffing assignment | ||||||
19 | information. | ||||||
20 | (e-7) Records requested by persons committed to the | ||||||
21 | Department of Corrections or Department of Human Services | ||||||
22 | Division of Mental Health if those materials are available | ||||||
23 | through an administrative request to the Department of | ||||||
24 | Corrections or Department of Human Services Division of | ||||||
25 | Mental Health. | ||||||
26 | (e-8) Records requested by a person committed to the |
| |||||||
| |||||||
1 | Department of Corrections, Department of Human Services | ||||||
2 | Division of Mental Health, or a county jail, the | ||||||
3 | disclosure of which would result in the risk of harm to any | ||||||
4 | person or the risk of an escape from a jail or correctional | ||||||
5 | institution or facility. | ||||||
6 | (e-9) Records requested by a person in a county jail | ||||||
7 | or committed to the Department of Corrections or | ||||||
8 | Department of Human Services Division of Mental Health, | ||||||
9 | containing personal information pertaining to the person's | ||||||
10 | victim or the victim's family, including, but not limited | ||||||
11 | to, a victim's home address, home telephone number, work | ||||||
12 | or school address, work telephone number, social security | ||||||
13 | number, or any other identifying information, except as | ||||||
14 | may be relevant to a requester's current or potential case | ||||||
15 | or claim. | ||||||
16 | (e-10) Law enforcement records of other persons | ||||||
17 | requested by a person committed to the Department of | ||||||
18 | Corrections, Department of Human Services Division of | ||||||
19 | Mental Health, or a county jail, including, but not | ||||||
20 | limited to, arrest and booking records, mug shots, and | ||||||
21 | crime scene photographs, except as these records may be | ||||||
22 | relevant to the requester's current or potential case or | ||||||
23 | claim. | ||||||
24 | (f) Preliminary drafts, notes, recommendations, | ||||||
25 | memoranda and other
records in which opinions are | ||||||
26 | expressed, or policies or actions are
formulated, except |
| |||||||
| |||||||
1 | that a specific record or relevant portion of a
record | ||||||
2 | shall not be exempt when the record is publicly cited
and | ||||||
3 | identified by the head of the public body. The exemption | ||||||
4 | provided in
this paragraph (f) extends to all those | ||||||
5 | records of officers and agencies
of the General Assembly | ||||||
6 | that pertain to the preparation of legislative
documents.
| ||||||
7 | (g) Trade secrets and commercial or financial | ||||||
8 | information obtained from
a person or business where the | ||||||
9 | trade secrets or commercial or financial information are | ||||||
10 | furnished under a claim that they are
proprietary, | ||||||
11 | privileged , or confidential, and that disclosure of the | ||||||
12 | trade
secrets or commercial or financial information would | ||||||
13 | cause competitive harm to the person or business, and only | ||||||
14 | insofar as the claim directly applies to the records | ||||||
15 | requested. | ||||||
16 | The information included under this exemption includes | ||||||
17 | all trade secrets and commercial or financial information | ||||||
18 | obtained by a public body, including a public pension | ||||||
19 | fund, from a private equity fund or a privately held | ||||||
20 | company within the investment portfolio of a private | ||||||
21 | equity fund as a result of either investing or evaluating | ||||||
22 | a potential investment of public funds in a private equity | ||||||
23 | fund. The exemption contained in this item does not apply | ||||||
24 | to the aggregate financial performance information of a | ||||||
25 | private equity fund, nor to the identity of the fund's | ||||||
26 | managers or general partners. The exemption contained in |
| |||||||
| |||||||
1 | this item does not apply to the identity of a privately | ||||||
2 | held company within the investment portfolio of a private | ||||||
3 | equity fund, unless the disclosure of the identity of a | ||||||
4 | privately held company may cause competitive harm. | ||||||
5 | Nothing contained in this
paragraph (g) shall be | ||||||
6 | construed to prevent a person or business from
consenting | ||||||
7 | to disclosure.
| ||||||
8 | (h) Proposals and bids for any contract, grant, or | ||||||
9 | agreement, including
information which if it were | ||||||
10 | disclosed would frustrate procurement or give
an advantage | ||||||
11 | to any person proposing to enter into a contractor | ||||||
12 | agreement
with the body, until an award or final selection | ||||||
13 | is made. Information
prepared by or for the body in | ||||||
14 | preparation of a bid solicitation shall be
exempt until an | ||||||
15 | award or final selection is made.
| ||||||
16 | (i) Valuable formulae,
computer geographic systems,
| ||||||
17 | designs, drawings and research data obtained or
produced | ||||||
18 | by any public body when disclosure could reasonably be | ||||||
19 | expected to
produce private gain or public loss.
The | ||||||
20 | exemption for "computer geographic systems" provided in | ||||||
21 | this paragraph
(i) does not extend to requests made by | ||||||
22 | news media as defined in Section 2 of
this Act when the | ||||||
23 | requested information is not otherwise exempt and the only
| ||||||
24 | purpose of the request is to access and disseminate | ||||||
25 | information regarding the
health, safety, welfare, or | ||||||
26 | legal rights of the general public.
|
| |||||||
| |||||||
1 | (j) The following information pertaining to | ||||||
2 | educational matters: | ||||||
3 | (i) test questions, scoring keys and other | ||||||
4 | examination data used to
administer an academic | ||||||
5 | examination;
| ||||||
6 | (ii) information received by a primary or | ||||||
7 | secondary school, college, or university under its | ||||||
8 | procedures for the evaluation of faculty members by | ||||||
9 | their academic peers; | ||||||
10 | (iii) information concerning a school or | ||||||
11 | university's adjudication of student disciplinary | ||||||
12 | cases, but only to the extent that disclosure would | ||||||
13 | unavoidably reveal the identity of the student; and | ||||||
14 | (iv) course materials or research materials used | ||||||
15 | by faculty members. | ||||||
16 | (k) Architects' plans, engineers' technical | ||||||
17 | submissions, and
other
construction related technical | ||||||
18 | documents for
projects not constructed or developed in | ||||||
19 | whole or in part with public funds
and the same for | ||||||
20 | projects constructed or developed with public funds, | ||||||
21 | including , but not limited to , power generating and | ||||||
22 | distribution stations and other transmission and | ||||||
23 | distribution facilities, water treatment facilities, | ||||||
24 | airport facilities, sport stadiums, convention centers, | ||||||
25 | and all government owned, operated, or occupied buildings, | ||||||
26 | but
only to the extent
that disclosure would compromise |
| |||||||
| |||||||
1 | security.
| ||||||
2 | (l) Minutes of meetings of public bodies closed to the
| ||||||
3 | public as provided in the Open Meetings Act until the | ||||||
4 | public body
makes the minutes available to the public | ||||||
5 | under Section 2.06 of the Open
Meetings Act.
| ||||||
6 | (m) Communications between a public body and an | ||||||
7 | attorney or auditor
representing the public body that | ||||||
8 | would not be subject to discovery in
litigation, and | ||||||
9 | materials prepared or compiled by or for a public body in
| ||||||
10 | anticipation of a criminal, civil , or administrative | ||||||
11 | proceeding upon the
request of an attorney advising the | ||||||
12 | public body, and materials prepared or
compiled with | ||||||
13 | respect to internal audits of public bodies.
| ||||||
14 | (n) Records relating to a public body's adjudication | ||||||
15 | of employee grievances or disciplinary cases; however, | ||||||
16 | this exemption shall not extend to the final outcome of | ||||||
17 | cases in which discipline is imposed.
| ||||||
18 | (o) Administrative or technical information associated | ||||||
19 | with automated
data processing operations, including , but | ||||||
20 | not limited to , software,
operating protocols, computer | ||||||
21 | program abstracts, file layouts, source
listings, object | ||||||
22 | modules, load modules, user guides, documentation
| ||||||
23 | pertaining to all logical and physical design of | ||||||
24 | computerized systems,
employee manuals, and any other | ||||||
25 | information that, if disclosed, would
jeopardize the | ||||||
26 | security of the system or its data or the security of
|
| |||||||
| |||||||
1 | materials exempt under this Section.
| ||||||
2 | (p) Records relating to collective negotiating matters
| ||||||
3 | between public bodies and their employees or | ||||||
4 | representatives, except that
any final contract or | ||||||
5 | agreement shall be subject to inspection and copying.
| ||||||
6 | (q) Test questions, scoring keys, and other | ||||||
7 | examination data used to determine the qualifications of | ||||||
8 | an applicant for a license or employment.
| ||||||
9 | (r) The records, documents, and information relating | ||||||
10 | to real estate
purchase negotiations until those | ||||||
11 | negotiations have been completed or
otherwise terminated. | ||||||
12 | With regard to a parcel involved in a pending or
actually | ||||||
13 | and reasonably contemplated eminent domain proceeding | ||||||
14 | under the Eminent Domain Act, records, documents , and
| ||||||
15 | information relating to that parcel shall be exempt except | ||||||
16 | as may be
allowed under discovery rules adopted by the | ||||||
17 | Illinois Supreme Court. The
records, documents , and | ||||||
18 | information relating to a real estate sale shall be
exempt | ||||||
19 | until a sale is consummated.
| ||||||
20 | (s) Any and all proprietary information and records | ||||||
21 | related to the
operation of an intergovernmental risk | ||||||
22 | management association or
self-insurance pool or jointly | ||||||
23 | self-administered health and accident
cooperative or pool.
| ||||||
24 | Insurance or self insurance (including any | ||||||
25 | intergovernmental risk management association or self | ||||||
26 | insurance pool) claims, loss or risk management |
| |||||||
| |||||||
1 | information, records, data, advice or communications.
| ||||||
2 | (t) Information contained in or related to | ||||||
3 | examination, operating, or
condition reports prepared by, | ||||||
4 | on behalf of, or for the use of a public
body responsible | ||||||
5 | for the regulation or supervision of financial
| ||||||
6 | institutions, insurance companies, or pharmacy benefit | ||||||
7 | managers, unless disclosure is otherwise
required by State | ||||||
8 | law.
| ||||||
9 | (u) Information that would disclose
or might lead to | ||||||
10 | the disclosure of
secret or confidential information, | ||||||
11 | codes, algorithms, programs, or private
keys intended to | ||||||
12 | be used to create electronic or digital signatures under | ||||||
13 | the
Electronic Commerce Security Act.
| ||||||
14 | (v) Vulnerability assessments, security measures, and | ||||||
15 | response policies
or plans that are designed to identify, | ||||||
16 | prevent, or respond to potential
attacks upon a | ||||||
17 | community's population or systems, facilities, or | ||||||
18 | installations,
the destruction or contamination of which | ||||||
19 | would constitute a clear and present
danger to the health | ||||||
20 | or safety of the community, but only to the extent that
| ||||||
21 | disclosure could reasonably be expected to jeopardize the | ||||||
22 | effectiveness of the
measures or the safety of the | ||||||
23 | personnel who implement them or the public.
Information | ||||||
24 | exempt under this item may include such things as details
| ||||||
25 | pertaining to the mobilization or deployment of personnel | ||||||
26 | or equipment, to the
operation of communication systems or |
| |||||||
| |||||||
1 | protocols, or to tactical operations.
| ||||||
2 | (w) (Blank). | ||||||
3 | (x) Maps and other records regarding the location or | ||||||
4 | security of generation, transmission, distribution, | ||||||
5 | storage, gathering,
treatment, or switching facilities | ||||||
6 | owned by a utility, by a power generator, or by the | ||||||
7 | Illinois Power Agency.
| ||||||
8 | (y) Information contained in or related to proposals, | ||||||
9 | bids, or negotiations related to electric power | ||||||
10 | procurement under Section 1-75 of the Illinois Power | ||||||
11 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
12 | Act that is determined to be confidential and proprietary | ||||||
13 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
14 | Commission.
| ||||||
15 | (z) Information about students exempted from | ||||||
16 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
17 | School Code, and information about undergraduate students | ||||||
18 | enrolled at an institution of higher education exempted | ||||||
19 | from disclosure under Section 25 of the Illinois Credit | ||||||
20 | Card Marketing Act of 2009. | ||||||
21 | (aa) Information the disclosure of which is
exempted | ||||||
22 | under the Viatical Settlements Act of 2009.
| ||||||
23 | (bb) Records and information provided to a mortality | ||||||
24 | review team and records maintained by a mortality review | ||||||
25 | team appointed under the Department of Juvenile Justice | ||||||
26 | Mortality Review Team Act. |
| |||||||
| |||||||
1 | (cc) Information regarding interments, entombments, or | ||||||
2 | inurnments of human remains that are submitted to the | ||||||
3 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
4 | the Cemetery Oversight Act, whichever is applicable. | ||||||
5 | (dd) Correspondence and records (i) that may not be | ||||||
6 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
7 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
8 | the Illinois Public Aid Code. | ||||||
9 | (ee) The names, addresses, or other personal | ||||||
10 | information of persons who are minors and are also | ||||||
11 | participants and registrants in programs of park | ||||||
12 | districts, forest preserve districts, conservation | ||||||
13 | districts, recreation agencies, and special recreation | ||||||
14 | associations. | ||||||
15 | (ff) The names, addresses, or other personal | ||||||
16 | information of participants and registrants in programs of | ||||||
17 | park districts, forest preserve districts, conservation | ||||||
18 | districts, recreation agencies, and special recreation | ||||||
19 | associations where such programs are targeted primarily to | ||||||
20 | minors. | ||||||
21 | (gg) Confidential information described in Section | ||||||
22 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
23 | 2012. | ||||||
24 | (hh) The report submitted to the State Board of | ||||||
25 | Education by the School Security and Standards Task Force | ||||||
26 | under item (8) of subsection (d) of Section 2-3.160 of the |
| |||||||
| |||||||
1 | School Code and any information contained in that report. | ||||||
2 | (ii) Records requested by persons committed to or | ||||||
3 | detained by the Department of Human Services under the | ||||||
4 | Sexually Violent Persons Commitment Act or committed to | ||||||
5 | the Department of Corrections under the Sexually Dangerous | ||||||
6 | Persons Act if those materials: (i) are available in the | ||||||
7 | library of the facility where the individual is confined; | ||||||
8 | (ii) include records from staff members' personnel files, | ||||||
9 | staff rosters, or other staffing assignment information; | ||||||
10 | or (iii) are available through an administrative request | ||||||
11 | to the Department of Human Services or the Department of | ||||||
12 | Corrections. | ||||||
13 | (jj) Confidential information described in Section | ||||||
14 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
15 | (kk) The public body's credit card numbers, debit card | ||||||
16 | numbers, bank account numbers, Federal Employer | ||||||
17 | Identification Number, security code numbers, passwords, | ||||||
18 | and similar account information, the disclosure of which | ||||||
19 | could result in identity theft or impression or defrauding | ||||||
20 | of a governmental entity or a person. | ||||||
21 | (ll) (kk) Records concerning the work of the threat | ||||||
22 | assessment team of a school district. | ||||||
23 | (1.5) Any information exempt from disclosure under the | ||||||
24 | Judicial Privacy Act shall be redacted from public records | ||||||
25 | prior to disclosure under this Act. | ||||||
26 | (2) A public record that is not in the possession of a |
| |||||||
| |||||||
1 | public body but is in the possession of a party with whom the | ||||||
2 | agency has contracted to perform a governmental function on | ||||||
3 | behalf of the public body, and that directly relates to the | ||||||
4 | governmental function and is not otherwise exempt under this | ||||||
5 | Act, shall be considered a public record of the public body, | ||||||
6 | for purposes of this Act. | ||||||
7 | (3) This Section does not authorize withholding of | ||||||
8 | information or limit the
availability of records to the | ||||||
9 | public, except as stated in this Section or
otherwise provided | ||||||
10 | in this Act.
| ||||||
11 | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
12 | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | ||||||
13 | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
| ||||||
14 | Section 25. The State Records Act is amended by changing | ||||||
15 | Section 3 as follows:
| ||||||
16 | (5 ILCS 160/3) (from Ch. 116, par. 43.6)
| ||||||
17 | Sec. 3. Records as property of State.
| ||||||
18 | (a) All records
created or received by
or under the | ||||||
19 | authority of or coming into the custody, control, or | ||||||
20 | possession of
public officials of this State in the course of | ||||||
21 | their public duties are the
property of the State. These | ||||||
22 | records may not be mutilated, destroyed,
transferred, removed,
| ||||||
23 | or otherwise damaged or disposed of, in whole or in part, | ||||||
24 | except as provided by
law. Any person shall have the right of |
| |||||||
| |||||||
1 | access to any public records, unless
access to the records is | ||||||
2 | otherwise limited or
prohibited by law. This subsection (a) | ||||||
3 | does not apply to records that are subject to expungement | ||||||
4 | under subsection subsections (1.5) and (1.6) of Section 5-915 | ||||||
5 | of the Juvenile Court Act of 1987.
| ||||||
6 | (b) Reports and records of the obligation,
receipt and use | ||||||
7 | of public
funds of the State are public records available for | ||||||
8 | inspection by the
public, except as access to such records is | ||||||
9 | otherwise limited or prohibited
by law or pursuant to law. | ||||||
10 | These records shall be kept at the official
place of business | ||||||
11 | of the State or at a designated place of business of the
State. | ||||||
12 | These records shall be available for public inspection during | ||||||
13 | regular
office hours except when in
immediate use by persons | ||||||
14 | exercising official duties which require the use
of those | ||||||
15 | records. Nothing in this
section shall require the State to | ||||||
16 | invade or assist in the invasion of any
person's right to | ||||||
17 | privacy. Nothing in this Section shall be construed to
limit | ||||||
18 | any right given by statute or rule of law with respect to the
| ||||||
19 | inspection of other types of records.
| ||||||
20 | Warrants and vouchers in the keeping of the State | ||||||
21 | Comptroller may be
destroyed
by him as authorized in the | ||||||
22 | Comptroller's Records Act "An Act in relation to the | ||||||
23 | reproduction and destruction
of records kept by the | ||||||
24 | Comptroller", approved August 1, 1949, as now or
hereafter | ||||||
25 | amended after obtaining the approval of the State Records
| ||||||
26 | Commission.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-637, eff. 1-1-15; revised 7-17-19.)
| ||||||
2 | Section 30. The State Employees Group Insurance Act of | ||||||
3 | 1971 is amended by changing Section 3 as follows:
| ||||||
4 | (5 ILCS 375/3) (from Ch. 127, par. 523)
| ||||||
5 | Sec. 3. Definitions. Unless the context otherwise | ||||||
6 | requires, the
following words and phrases as used in this Act | ||||||
7 | shall have the following
meanings. The Department may define | ||||||
8 | these and other words and phrases
separately for the purpose | ||||||
9 | of implementing specific programs providing benefits
under | ||||||
10 | this Act.
| ||||||
11 | (a) "Administrative service organization" means any | ||||||
12 | person, firm or
corporation experienced in the handling of | ||||||
13 | claims which is
fully qualified, financially sound and capable | ||||||
14 | of meeting the service
requirements of a contract of | ||||||
15 | administration executed with the Department.
| ||||||
16 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
17 | retired,
on or after January 1, 1966 on an immediate annuity | ||||||
18 | under the provisions
of Articles 2, 14 (including an employee | ||||||
19 | who has elected to receive an alternative retirement | ||||||
20 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
21 | Pension Code in lieu of an annuity or who meets the criteria | ||||||
22 | for retirement, but in lieu of receiving an annuity under that | ||||||
23 | Article has elected to receive an accelerated pension benefit | ||||||
24 | payment under Section 14-147.5 of that Article), 15 (including |
| |||||||
| |||||||
1 | an employee who has retired under the optional
retirement | ||||||
2 | program established under Section 15-158.2 or who meets the | ||||||
3 | criteria for retirement but in lieu of receiving an annuity | ||||||
4 | under that Article has elected to receive an accelerated | ||||||
5 | pension benefit payment under Section 15-185.5 of the | ||||||
6 | Article),
paragraphs (2), (3), or (5) of Section 16-106 | ||||||
7 | (including an employee who meets the criteria for retirement, | ||||||
8 | but in lieu of receiving an annuity under that Article has | ||||||
9 | elected to receive an accelerated pension benefit payment | ||||||
10 | under Section 16-190.5 of the Illinois Pension Code), or
| ||||||
11 | Article 18 of the Illinois Pension Code; (2) any person who was | ||||||
12 | receiving
group insurance coverage under this Act as of March | ||||||
13 | 31, 1978 by
reason of his status as an annuitant, even though | ||||||
14 | the annuity in relation
to which such coverage was provided is | ||||||
15 | a proportional annuity based on less
than the minimum period | ||||||
16 | of service required for a retirement annuity in
the system | ||||||
17 | involved; (3) any person not otherwise covered by this Act
who | ||||||
18 | has retired as a participating member under Article 2 of the | ||||||
19 | Illinois
Pension Code but is ineligible for the retirement | ||||||
20 | annuity under Section
2-119 of the Illinois Pension Code; (4) | ||||||
21 | the spouse of any person who
is receiving a retirement annuity | ||||||
22 | under Article 18 of the Illinois Pension
Code and who is | ||||||
23 | covered under a group health insurance program sponsored
by a | ||||||
24 | governmental employer other than the State of Illinois and who | ||||||
25 | has
irrevocably elected to waive his or her coverage under | ||||||
26 | this Act and to have
his or her spouse considered as the |
| |||||||
| |||||||
1 | "annuitant" under this Act and not as
a "dependent"; or (5) an | ||||||
2 | employee who retires, or has retired, from a
qualified | ||||||
3 | position, as determined according to rules promulgated by the
| ||||||
4 | Director, under a qualified local government, a qualified | ||||||
5 | rehabilitation
facility, a qualified domestic violence shelter | ||||||
6 | or service, or a qualified child advocacy center. (For | ||||||
7 | definition
of "retired employee", see (p) post).
| ||||||
8 | (b-5) (Blank).
| ||||||
9 | (b-6) (Blank).
| ||||||
10 | (b-7) (Blank).
| ||||||
11 | (c) "Carrier" means (1) an insurance company, a | ||||||
12 | corporation organized
under the Limited Health Service | ||||||
13 | Organization Act or the Voluntary Health
Services Plans Plan | ||||||
14 | Act, a partnership, or other nongovernmental organization,
| ||||||
15 | which is authorized to do group life or group health insurance | ||||||
16 | business in
Illinois, or (2) the State of Illinois as a | ||||||
17 | self-insurer.
| ||||||
18 | (d) "Compensation" means salary or wages payable on a | ||||||
19 | regular
payroll by the State Treasurer on a warrant of the | ||||||
20 | State Comptroller out
of any State, trust or federal fund, or | ||||||
21 | by the Governor of the State
through a disbursing officer of | ||||||
22 | the State out of a trust or out of
federal funds, or by any | ||||||
23 | Department out of State, trust, federal or
other funds held by | ||||||
24 | the State Treasurer or the Department, to any person
for | ||||||
25 | personal services currently performed, and ordinary or | ||||||
26 | accidental
disability benefits under Articles 2, 14, 15 |
| |||||||
| |||||||
1 | (including ordinary or accidental
disability benefits under | ||||||
2 | the optional retirement program established under
Section | ||||||
3 | 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or | ||||||
4 | Article 18 of the Illinois Pension Code, for disability
| ||||||
5 | incurred after January 1, 1966, or benefits payable under the | ||||||
6 | Workers'
Compensation or Occupational Diseases Act or benefits | ||||||
7 | payable under a sick
pay plan established in accordance with | ||||||
8 | Section 36 of the State Finance Act.
"Compensation" also means | ||||||
9 | salary or wages paid to an employee of any
qualified local | ||||||
10 | government, qualified rehabilitation facility,
qualified | ||||||
11 | domestic violence shelter or service, or qualified child | ||||||
12 | advocacy center.
| ||||||
13 | (e) "Commission" means the State Employees Group Insurance | ||||||
14 | Advisory
Commission authorized by this Act. Commencing July 1, | ||||||
15 | 1984, "Commission"
as used in this Act means the Commission on | ||||||
16 | Government Forecasting and Accountability as
established by | ||||||
17 | the Legislative Commission Reorganization Act of 1984.
| ||||||
18 | (f) "Contributory", when referred to as contributory | ||||||
19 | coverage, shall
mean optional coverages or benefits elected by | ||||||
20 | the member toward the cost of
which such member makes | ||||||
21 | contribution, or which are funded in whole or in part
through | ||||||
22 | the acceptance of a reduction in earnings or the foregoing of | ||||||
23 | an
increase in earnings by an employee, as distinguished from | ||||||
24 | noncontributory
coverage or benefits which are paid entirely | ||||||
25 | by the State of Illinois
without reduction of the member's | ||||||
26 | salary.
|
| |||||||
| |||||||
1 | (g) "Department" means any department, institution, board,
| ||||||
2 | commission, officer, court or any agency of the State | ||||||
3 | government
receiving appropriations and having power to | ||||||
4 | certify payrolls to the
Comptroller authorizing payments of | ||||||
5 | salary and wages against such
appropriations as are made by | ||||||
6 | the General Assembly from any State fund, or
against trust | ||||||
7 | funds held by the State Treasurer and includes boards of
| ||||||
8 | trustees of the retirement systems created by Articles 2, 14, | ||||||
9 | 15, 16 , and
18 of the Illinois Pension Code. "Department" also | ||||||
10 | includes the Illinois
Comprehensive Health Insurance Board, | ||||||
11 | the Board of Examiners established under
the Illinois Public | ||||||
12 | Accounting Act, and the Illinois Finance Authority.
| ||||||
13 | (h) "Dependent", when the term is used in the context of | ||||||
14 | the health
and life plan, means a member's spouse and any child | ||||||
15 | (1) from
birth to age 26 including an adopted child, a child | ||||||
16 | who lives with the
member from the time of the placement for | ||||||
17 | adoption until entry
of an order of adoption, a stepchild or | ||||||
18 | adjudicated child, or a child who lives with the member
if such | ||||||
19 | member is a court appointed guardian of the child or (2)
age 19 | ||||||
20 | or over who has a mental or physical disability from a cause | ||||||
21 | originating prior to the age of 19 (age 26 if enrolled as an | ||||||
22 | adult child dependent). For
the health plan only, the term | ||||||
23 | "dependent" also includes (1) any person
enrolled prior to the | ||||||
24 | effective date of this Section who is dependent upon
the | ||||||
25 | member to the extent that the member may claim such person as a
| ||||||
26 | dependent for income tax deduction purposes and (2) any person |
| |||||||
| |||||||
1 | who
has received after June 30, 2000 an organ transplant and | ||||||
2 | who is financially
dependent upon the member and eligible to | ||||||
3 | be claimed as a dependent for income
tax purposes. A member | ||||||
4 | requesting to cover any dependent must provide documentation | ||||||
5 | as requested by the Department of Central Management Services | ||||||
6 | and file with the Department any and all forms required by the | ||||||
7 | Department.
| ||||||
8 | (i) "Director" means the Director of the Illinois | ||||||
9 | Department of Central
Management Services.
| ||||||
10 | (j) "Eligibility period" means the period of time a member | ||||||
11 | has to
elect enrollment in programs or to select benefits | ||||||
12 | without regard to
age, sex or health.
| ||||||
13 | (k) "Employee" means and includes each officer or employee | ||||||
14 | in the
service of a department who (1) receives his | ||||||
15 | compensation for
service rendered to the department on a | ||||||
16 | warrant issued pursuant to a payroll
certified by a department | ||||||
17 | or on a warrant or check issued and drawn by a
department upon | ||||||
18 | a trust, federal or other fund or on a warrant issued
pursuant | ||||||
19 | to a payroll certified by an elected or duly appointed officer
| ||||||
20 | of the State or who receives payment of the performance of | ||||||
21 | personal
services on a warrant issued pursuant to a payroll | ||||||
22 | certified by a
Department and drawn by the Comptroller upon | ||||||
23 | the State Treasurer against
appropriations made by the General | ||||||
24 | Assembly from any fund or against
trust funds held by the State | ||||||
25 | Treasurer, and (2) is employed full-time or
part-time in a | ||||||
26 | position normally requiring actual performance of duty
during |
| |||||||
| |||||||
1 | not less than 1/2 of a normal work period, as established by | ||||||
2 | the
Director in cooperation with each department, except that | ||||||
3 | persons elected
by popular vote will be considered employees | ||||||
4 | during the entire
term for which they are elected regardless | ||||||
5 | of hours devoted to the
service of the State, and (3) except | ||||||
6 | that "employee" does not include any
person who is not | ||||||
7 | eligible by reason of such person's employment to
participate | ||||||
8 | in one of the State retirement systems under Articles 2, 14, 15
| ||||||
9 | (either the regular Article 15 system or the optional | ||||||
10 | retirement program
established under Section 15-158.2) , or 18, | ||||||
11 | or under paragraph (2), (3), or
(5) of Section 16-106, of the | ||||||
12 | Illinois
Pension Code, but such term does include persons who | ||||||
13 | are employed during
the 6 month qualifying period under | ||||||
14 | Article 14 of the Illinois Pension
Code. Such term also | ||||||
15 | includes any person who (1) after January 1, 1966,
is | ||||||
16 | receiving ordinary or accidental disability benefits under | ||||||
17 | Articles
2, 14, 15 (including ordinary or accidental | ||||||
18 | disability benefits under the
optional retirement program | ||||||
19 | established under Section 15-158.2), paragraphs
(2), (3), or | ||||||
20 | (5) of Section 16-106, or Article 18 of the
Illinois Pension | ||||||
21 | Code, for disability incurred after January 1, 1966, (2)
| ||||||
22 | receives total permanent or total temporary disability under | ||||||
23 | the Workers'
Compensation Act or Occupational Disease Act as a | ||||||
24 | result of injuries
sustained or illness contracted in the | ||||||
25 | course of employment with the
State of Illinois, or (3) is not | ||||||
26 | otherwise covered under this Act and has
retired as a |
| |||||||
| |||||||
1 | participating member under Article 2 of the Illinois Pension
| ||||||
2 | Code but is ineligible for the retirement annuity under | ||||||
3 | Section 2-119 of
the Illinois Pension Code. However, a person | ||||||
4 | who satisfies the criteria
of the foregoing definition of | ||||||
5 | "employee" except that such person is made
ineligible to | ||||||
6 | participate in the State Universities Retirement System by
| ||||||
7 | clause (4) of subsection (a) of Section 15-107 of the Illinois | ||||||
8 | Pension
Code is also an "employee" for the purposes of this | ||||||
9 | Act. "Employee" also
includes any person receiving or eligible | ||||||
10 | for benefits under a sick pay
plan established in accordance | ||||||
11 | with Section 36 of the State Finance Act.
"Employee" also | ||||||
12 | includes (i) each officer or employee in the service of a
| ||||||
13 | qualified local government, including persons appointed as | ||||||
14 | trustees of
sanitary districts regardless of hours devoted to | ||||||
15 | the service of the
sanitary district, (ii) each employee in | ||||||
16 | the service of a qualified
rehabilitation facility, (iii) each | ||||||
17 | full-time employee in the service of a
qualified domestic | ||||||
18 | violence shelter or service, and (iv) each full-time employee | ||||||
19 | in the service of a qualified child advocacy center, as | ||||||
20 | determined according to
rules promulgated by the Director.
| ||||||
21 | (l) "Member" means an employee, annuitant, retired | ||||||
22 | employee or survivor. In the case of an annuitant or retired | ||||||
23 | employee who first becomes an annuitant or retired employee on | ||||||
24 | or after January 13, 2012 ( the effective date of Public Act | ||||||
25 | 97-668) this amendatory Act of the 97th General Assembly , the | ||||||
26 | individual must meet the minimum vesting requirements of the |
| |||||||
| |||||||
1 | applicable retirement system in order to be eligible for group | ||||||
2 | insurance benefits under that system. In the case of a | ||||||
3 | survivor who first becomes a survivor on or after January 13, | ||||||
4 | 2012 ( the effective date of Public Act 97-668) this amendatory | ||||||
5 | Act of the 97th General Assembly , the deceased employee, | ||||||
6 | annuitant, or retired employee upon whom the annuity is based | ||||||
7 | must have been eligible to participate in the group insurance | ||||||
8 | system under the applicable retirement system in order for the | ||||||
9 | survivor to be eligible for group insurance benefits under | ||||||
10 | that system.
| ||||||
11 | (m) "Optional coverages or benefits" means those coverages | ||||||
12 | or
benefits available to the member on his or her voluntary | ||||||
13 | election, and at
his or her own expense.
| ||||||
14 | (n) "Program" means the group life insurance, health | ||||||
15 | benefits and other
employee benefits designed and contracted | ||||||
16 | for by the Director under this Act.
| ||||||
17 | (o) "Health plan" means a health benefits
program offered
| ||||||
18 | by the State of Illinois for persons eligible for the plan.
| ||||||
19 | (p) "Retired employee" means any person who would be an | ||||||
20 | annuitant as
that term is defined herein but for the fact that | ||||||
21 | such person retired prior to
January 1, 1966. Such term also | ||||||
22 | includes any person formerly employed by
the University of | ||||||
23 | Illinois in the Cooperative Extension Service who would
be an | ||||||
24 | annuitant but for the fact that such person was made | ||||||
25 | ineligible to
participate in the State Universities Retirement | ||||||
26 | System by clause (4) of
subsection (a) of Section 15-107 of the |
| |||||||
| |||||||
1 | Illinois
Pension Code.
| ||||||
2 | (q) "Survivor" means a person receiving an annuity as a | ||||||
3 | survivor of an
employee or of an annuitant. "Survivor" also | ||||||
4 | includes: (1) the surviving
dependent of a person who | ||||||
5 | satisfies the definition of "employee" except that
such person | ||||||
6 | is made ineligible to participate in the State Universities
| ||||||
7 | Retirement System by clause (4) of subsection (a)
of Section | ||||||
8 | 15-107 of the Illinois Pension Code; (2) the surviving
| ||||||
9 | dependent of any person formerly employed by the University of | ||||||
10 | Illinois in
the Cooperative Extension Service who would be an | ||||||
11 | annuitant except for the
fact that such person was made | ||||||
12 | ineligible to participate in the State
Universities Retirement | ||||||
13 | System by clause (4) of subsection (a) of Section
15-107 of the | ||||||
14 | Illinois Pension Code; (3) the surviving dependent of a person | ||||||
15 | who was an annuitant under this Act by virtue of receiving an | ||||||
16 | alternative retirement cancellation payment under Section | ||||||
17 | 14-108.5 of the Illinois Pension Code; and (4) a person who | ||||||
18 | would be receiving an annuity as a survivor of an annuitant | ||||||
19 | except that the annuitant elected on or after June 4, 2018 to | ||||||
20 | receive an accelerated pension benefit payment under Section | ||||||
21 | 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code | ||||||
22 | in lieu of receiving an annuity.
| ||||||
23 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
24 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
25 | Code.
| ||||||
26 | (q-3) "SURS" means the State Universities Retirement |
| |||||||
| |||||||
1 | System, created under Article 15 of the Illinois Pension Code.
| ||||||
2 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
3 | State of Illinois, created under Article 16 of the Illinois | ||||||
4 | Pension Code.
| ||||||
5 | (q-5) (Blank).
| ||||||
6 | (q-6) (Blank).
| ||||||
7 | (q-7) (Blank).
| ||||||
8 | (r) "Medical services" means the services provided within | ||||||
9 | the scope
of their licenses by practitioners in all categories | ||||||
10 | licensed under the
Medical Practice Act of 1987.
| ||||||
11 | (s) "Unit of local government" means any county, | ||||||
12 | municipality,
township, school district (including a | ||||||
13 | combination of school districts under
the Intergovernmental | ||||||
14 | Cooperation Act), special district or other unit,
designated | ||||||
15 | as a
unit of local government by law, which exercises limited | ||||||
16 | governmental
powers or powers in respect to limited | ||||||
17 | governmental subjects, any
not-for-profit association with a | ||||||
18 | membership that primarily includes
townships and township | ||||||
19 | officials, that has duties that include provision of
research | ||||||
20 | service, dissemination of information, and other acts for the
| ||||||
21 | purpose of improving township government, and that is funded | ||||||
22 | wholly or
partly in accordance with Section 85-15 of the | ||||||
23 | Township Code; any
not-for-profit corporation or association, | ||||||
24 | with a membership consisting
primarily of municipalities, that | ||||||
25 | operates its own utility system, and
provides research, | ||||||
26 | training, dissemination of information, or other acts to
|
| |||||||
| |||||||
1 | promote cooperation between and among municipalities that | ||||||
2 | provide utility
services and for the advancement of the goals | ||||||
3 | and purposes of its
membership;
the Southern Illinois | ||||||
4 | Collegiate Common Market, which is a consortium of higher
| ||||||
5 | education institutions in Southern Illinois; the Illinois | ||||||
6 | Association of
Park Districts; and any hospital provider that | ||||||
7 | is owned by a county that has 100 or fewer hospital beds and | ||||||
8 | has not already joined the program. "Qualified
local | ||||||
9 | government" means a unit of local government approved by the | ||||||
10 | Director and
participating in a program created under | ||||||
11 | subsection (i) of Section 10 of this
Act.
| ||||||
12 | (t) "Qualified rehabilitation facility" means any | ||||||
13 | not-for-profit
organization that is accredited by the | ||||||
14 | Commission on Accreditation of
Rehabilitation Facilities or | ||||||
15 | certified by the Department
of Human Services (as successor to | ||||||
16 | the Department of Mental Health
and Developmental | ||||||
17 | Disabilities) to provide services to persons with
disabilities
| ||||||
18 | and which receives funds from the State of Illinois for | ||||||
19 | providing those
services, approved by the Director and | ||||||
20 | participating in a program created
under subsection (j) of | ||||||
21 | Section 10 of this Act.
| ||||||
22 | (u) "Qualified domestic violence shelter or service" means | ||||||
23 | any Illinois
domestic violence shelter or service and its | ||||||
24 | administrative offices funded
by the Department of Human | ||||||
25 | Services (as successor to the Illinois Department of
Public | ||||||
26 | Aid),
approved by the Director and
participating in a program |
| |||||||
| |||||||
1 | created under subsection (k) of Section 10.
| ||||||
2 | (v) "TRS benefit recipient" means a person who:
| ||||||
3 | (1) is not a "member" as defined in this Section; and
| ||||||
4 | (2) is receiving a monthly benefit or retirement | ||||||
5 | annuity
under Article 16 of the Illinois Pension Code or | ||||||
6 | would be receiving such monthly benefit or retirement | ||||||
7 | annuity except that the benefit recipient elected on or | ||||||
8 | after June 4, 2018 to receive an accelerated pension | ||||||
9 | benefit payment under Section 16-190.5 of the Illinois | ||||||
10 | Pension Code in lieu of receiving an annuity; and
| ||||||
11 | (3) either (i) has at least 8 years of creditable | ||||||
12 | service under Article
16 of the Illinois Pension Code, or | ||||||
13 | (ii) was enrolled in the health insurance
program offered | ||||||
14 | under that Article on January 1, 1996, or (iii) is the | ||||||
15 | survivor
of a benefit recipient who had at least 8
years of | ||||||
16 | creditable service under Article 16 of the Illinois | ||||||
17 | Pension Code or
was enrolled in the health insurance | ||||||
18 | program offered under that Article on June 21, 1995 ( the | ||||||
19 | effective date of Public Act 89-25) this amendatory Act of | ||||||
20 | 1995 , or (iv) is a recipient or
survivor of a recipient of | ||||||
21 | a disability benefit under Article 16 of the
Illinois | ||||||
22 | Pension Code.
| ||||||
23 | (w) "TRS dependent beneficiary" means a person who:
| ||||||
24 | (1) is not a "member" or "dependent" as defined in | ||||||
25 | this Section; and
| ||||||
26 | (2) is a TRS benefit recipient's: (A) spouse, (B) |
| |||||||
| |||||||
1 | dependent parent who
is receiving at least half of his or | ||||||
2 | her support from the TRS benefit
recipient, or (C) | ||||||
3 | natural, step, adjudicated, or adopted child who is (i) | ||||||
4 | under age 26, (ii) was, on January 1, 1996, participating | ||||||
5 | as a dependent
beneficiary in the health insurance program | ||||||
6 | offered under Article 16 of the
Illinois Pension Code, or | ||||||
7 | (iii) age 19 or over who has a mental or physical | ||||||
8 | disability from a cause originating prior to the age of 19 | ||||||
9 | (age 26 if enrolled as an adult child).
| ||||||
10 | "TRS dependent beneficiary" does not include, as indicated | ||||||
11 | under paragraph (2) of this subsection (w), a dependent of the | ||||||
12 | survivor of a TRS benefit recipient who first becomes a | ||||||
13 | dependent of a survivor of a TRS benefit recipient on or after | ||||||
14 | January 13, 2012 ( the effective date of Public Act 97-668) | ||||||
15 | this amendatory Act of the 97th General Assembly unless that | ||||||
16 | dependent would have been eligible for coverage as a dependent | ||||||
17 | of the deceased TRS benefit recipient upon whom the survivor | ||||||
18 | benefit is based. | ||||||
19 | (x) "Military leave" refers to individuals in basic
| ||||||
20 | training for reserves, special/advanced training, annual | ||||||
21 | training, emergency
call up, activation by the President of | ||||||
22 | the United States, or any other training or duty in service to | ||||||
23 | the United States Armed Forces.
| ||||||
24 | (y) (Blank).
| ||||||
25 | (z) "Community college benefit recipient" means a person | ||||||
26 | who:
|
| |||||||
| |||||||
1 | (1) is not a "member" as defined in this Section; and
| ||||||
2 | (2) is receiving a monthly survivor's annuity or | ||||||
3 | retirement annuity
under Article 15 of the Illinois | ||||||
4 | Pension Code or would be receiving such monthly survivor's | ||||||
5 | annuity or retirement annuity except that the benefit | ||||||
6 | recipient elected on or after June 4, 2018 to receive an | ||||||
7 | accelerated pension benefit payment under Section 15-185.5 | ||||||
8 | of the Illinois Pension Code in lieu of receiving an | ||||||
9 | annuity; and
| ||||||
10 | (3) either (i) was a full-time employee of a community | ||||||
11 | college district or
an association of community college | ||||||
12 | boards created under the Public Community
College Act | ||||||
13 | (other than an employee whose last employer under Article | ||||||
14 | 15 of the
Illinois Pension Code was a community college | ||||||
15 | district subject to Article VII
of the Public Community | ||||||
16 | College Act) and was eligible to participate in a group
| ||||||
17 | health benefit plan as an employee during the time of | ||||||
18 | employment with a
community college district (other than a | ||||||
19 | community college district subject to
Article VII of the | ||||||
20 | Public Community College Act) or an association of | ||||||
21 | community
college boards, or (ii) is the survivor of a | ||||||
22 | person described in item (i).
| ||||||
23 | (aa) "Community college dependent beneficiary" means a | ||||||
24 | person who:
| ||||||
25 | (1) is not a "member" or "dependent" as defined in | ||||||
26 | this Section; and
|
| |||||||
| |||||||
1 | (2) is a community college benefit recipient's: (A) | ||||||
2 | spouse, (B) dependent
parent who is receiving at least | ||||||
3 | half of his or her support from the community
college | ||||||
4 | benefit recipient, or (C) natural, step, adjudicated, or | ||||||
5 | adopted child who is (i)
under age 26, or (ii)
age 19 or | ||||||
6 | over and has a mental or physical disability from a cause | ||||||
7 | originating prior to the age of 19 (age 26 if enrolled as | ||||||
8 | an adult child).
| ||||||
9 | "Community college dependent beneficiary" does not | ||||||
10 | include, as indicated under paragraph (2) of this subsection | ||||||
11 | (aa), a dependent of the survivor of a community college | ||||||
12 | benefit recipient who first becomes a dependent of a survivor | ||||||
13 | of a community college benefit recipient on or after January | ||||||
14 | 13, 2012 ( the effective date of Public Act 97-668) this | ||||||
15 | amendatory Act of the 97th General Assembly unless that | ||||||
16 | dependent would have been eligible for coverage as a dependent | ||||||
17 | of the deceased community college benefit recipient upon whom | ||||||
18 | the survivor annuity is based. | ||||||
19 | (bb) "Qualified child advocacy center" means any Illinois | ||||||
20 | child advocacy center and its administrative offices funded by | ||||||
21 | the Department of Children and Family Services, as defined by | ||||||
22 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
23 | the Director and participating in a program created under | ||||||
24 | subsection (n) of Section 10.
| ||||||
25 | (cc) "Placement for adoption" means the assumption and | ||||||
26 | retention by a member of a legal obligation for total or |
| |||||||
| |||||||
1 | partial support of a child in anticipation of adoption of the | ||||||
2 | child. The child's placement with the member terminates upon | ||||||
3 | the termination of such legal obligation. | ||||||
4 | (Source: P.A. 100-355, eff. 1-1-18; 100-587, eff. 6-4-18; | ||||||
5 | 101-242, eff. 8-9-19; revised 9-19-19.)
| ||||||
6 | Section 40. The Illinois Governmental Ethics Act is | ||||||
7 | amended by changing Section 4A-108 as follows:
| ||||||
8 | (5 ILCS 420/4A-108) | ||||||
9 | Sec. 4A-108. Internet-based systems of filing. | ||||||
10 | (a) Notwithstanding any other provision of this Act or any | ||||||
11 | other law, the Secretary of State and county clerks are | ||||||
12 | authorized to institute an Internet-based system for the | ||||||
13 | filing of statements of economic interests in their offices. | ||||||
14 | With respect to county clerk systems, the determination to | ||||||
15 | institute such a system shall be in the sole discretion of the | ||||||
16 | county clerk and shall meet the requirements set out in this | ||||||
17 | Section. With respect to a Secretary of State system, the | ||||||
18 | determination to institute such a system shall be in the sole | ||||||
19 | discretion of the Secretary of State and shall meet the | ||||||
20 | requirements set out in this Section and those Sections of the | ||||||
21 | State Officials and Employees Ethics Act requiring ethics | ||||||
22 | officer review prior to filing. The system shall be capable of | ||||||
23 | allowing an ethics officer to approve a statement of economic | ||||||
24 | interests and shall include a means to amend a statement of |
| |||||||
| |||||||
1 | economic interests. When this Section does not modify or | ||||||
2 | remove the requirements set forth elsewhere in this Article, | ||||||
3 | those requirements shall apply to any system of Internet-based | ||||||
4 | filing authorized by this Section. When this Section does | ||||||
5 | modify or remove the requirements set forth elsewhere in this | ||||||
6 | Article, the provisions of this Section shall apply to any | ||||||
7 | system of Internet-based filing authorized by this Section. | ||||||
8 | (b) In any system of Internet-based filing of statements | ||||||
9 | of economic interests instituted by the Secretary of State or | ||||||
10 | a county clerk: | ||||||
11 | (1) Any filing of an Internet-based statement of | ||||||
12 | economic interests shall be the equivalent of the filing | ||||||
13 | of a verified, written statement of economic interests as | ||||||
14 | required by Section 4A-101 or 4A-101.5 and the equivalent | ||||||
15 | of the filing of a verified, dated, and signed statement | ||||||
16 | of economic interests as required by Section 4A-104. | ||||||
17 | (2) The Secretary of State and county clerks who | ||||||
18 | institute a system of Internet-based filing of statements | ||||||
19 | of economic interests shall establish a password-protected | ||||||
20 | website to receive the filings of such statements. A | ||||||
21 | website established under this Section shall set forth and | ||||||
22 | provide a means of responding to the items set forth in | ||||||
23 | Section 4A-102 that are required of a person who files a | ||||||
24 | statement of economic interests with that officer. A | ||||||
25 | website established under this Section shall set forth and | ||||||
26 | provide a means of generating a printable receipt page |
| |||||||
| |||||||
1 | acknowledging filing. | ||||||
2 | (3) The times for the filing of statements of economic | ||||||
3 | interests set forth in Section 4A-105 shall be followed in | ||||||
4 | any system of Internet-based filing of statements of | ||||||
5 | economic interests; provided that a candidate for elective | ||||||
6 | office who is required to file a statement of economic | ||||||
7 | interests in relation to his or her candidacy pursuant to | ||||||
8 | Section 4A-105(a) shall receive a written or printed | ||||||
9 | receipt for his or her filing. | ||||||
10 | A candidate filing for Governor, Lieutenant Governor, | ||||||
11 | Attorney General, Secretary of State, Treasurer, | ||||||
12 | Comptroller, State Senate, or State House of | ||||||
13 | Representatives shall not use the Internet to file his or | ||||||
14 | her statement of economic interests, but shall file his or | ||||||
15 | her statement of economic interests in a written or | ||||||
16 | printed form and shall receive a written or printed | ||||||
17 | receipt for his or her filing. Annually, the duly | ||||||
18 | appointed ethics officer for each legislative caucus shall | ||||||
19 | certify to the Secretary of State whether his or her | ||||||
20 | caucus members will file their statements of economic | ||||||
21 | interests electronically or in a written or printed format | ||||||
22 | for that year. If the ethics officer for a caucus | ||||||
23 | certifies that the statements of economic interests shall | ||||||
24 | be written or printed, then members of the General | ||||||
25 | Assembly of that caucus shall not use the Internet to file | ||||||
26 | his or her statement of economic interests, but shall file |
| |||||||
| |||||||
1 | his or her statement of economic interests in a written or | ||||||
2 | printed form and shall receive a written or printed | ||||||
3 | receipt for his or her filing. If no certification is made | ||||||
4 | by an ethics officer for a legislative caucus, or if a | ||||||
5 | member of the General Assembly is not affiliated with a | ||||||
6 | legislative caucus, then the affected member or members of | ||||||
7 | the General Assembly may file their statements of economic | ||||||
8 | interests using the Internet. | ||||||
9 | (4) In the first year of the implementation of a | ||||||
10 | system of Internet-based filing of statements of economic | ||||||
11 | interests, each person required to file such a statement | ||||||
12 | is to be notified in writing of his or her obligation to | ||||||
13 | file his or her statement of economic interests by way of | ||||||
14 | the Internet-based system. If access to the website web | ||||||
15 | site requires a code or password, this information shall | ||||||
16 | be included in the notice prescribed by this paragraph. | ||||||
17 | (5) When a person required to file a statement of | ||||||
18 | economic interests has supplied the Secretary of State or | ||||||
19 | a county clerk, as applicable, with an email address for | ||||||
20 | the purpose of receiving notices under this Article by | ||||||
21 | email, a notice sent by email to the supplied email | ||||||
22 | address shall be the equivalent of a notice sent by first | ||||||
23 | class mail, as set forth in Section 4A-106 or 4A-106.5. A | ||||||
24 | person who has supplied such an email address shall notify | ||||||
25 | the Secretary of State or county clerk, as applicable, | ||||||
26 | when his or her email address changes or if he or she no |
| |||||||
| |||||||
1 | longer wishes to receive notices by email. | ||||||
2 | (6) If any person who is required to file a statement | ||||||
3 | of economic interests and who has chosen to receive | ||||||
4 | notices by email fails to file his or her statement by May | ||||||
5 | 10, then the Secretary of State or county clerk, as | ||||||
6 | applicable, shall send an additional email notice on that | ||||||
7 | date, informing the person that he or she has not filed and | ||||||
8 | describing the penalties for late filing and failing to | ||||||
9 | file. This notice shall be in addition to other notices | ||||||
10 | provided for in this Article. | ||||||
11 | (7) The Secretary of State and each county clerk who | ||||||
12 | institutes a system of Internet-based filing of statements | ||||||
13 | of economic interests may also institute an Internet-based | ||||||
14 | process for the filing of the list of names and addresses | ||||||
15 | of persons required to file statements of economic | ||||||
16 | interests by the chief administrative officers that must | ||||||
17 | file such information with the Secretary of State or | ||||||
18 | county clerk, as applicable, pursuant to Section 4A-106 or | ||||||
19 | 4A-106.5. Whenever the Secretary of State or a county | ||||||
20 | clerk institutes such a system under this paragraph, every | ||||||
21 | chief administrative officer must use the system to file | ||||||
22 | this information. | ||||||
23 | (8) The Secretary of State and any county clerk who | ||||||
24 | institutes a system of Internet-based filing of statements | ||||||
25 | of economic interests shall post the contents of such | ||||||
26 | statements filed with him or her available for inspection |
| |||||||
| |||||||
1 | and copying on a publicly accessible website. Such | ||||||
2 | postings shall not include the addresses or signatures of | ||||||
3 | the filers.
| ||||||
4 | (Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19; | ||||||
5 | revised 9-12-19.)
| ||||||
6 | Section 45. The State Officials and Employees Ethics Act | ||||||
7 | is amended by changing Sections 20-10 and 25-10 as follows:
| ||||||
8 | (5 ILCS 430/20-10)
| ||||||
9 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
10 | (a) Five independent Offices of the Executive Inspector | ||||||
11 | General are
created,
one each for the Governor, the Attorney | ||||||
12 | General, the Secretary of State, the
Comptroller, and the | ||||||
13 | Treasurer. Each Office shall be under the direction and
| ||||||
14 | supervision
of an Executive Inspector General and shall be a | ||||||
15 | fully independent office with
separate
appropriations.
| ||||||
16 | (b) The Governor, Attorney General, Secretary of State, | ||||||
17 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
18 | Inspector General, without regard to
political affiliation and | ||||||
19 | solely on the basis of integrity and
demonstrated ability.
| ||||||
20 | Appointments shall be made by and with the advice and consent | ||||||
21 | of the
Senate by three-fifths of the elected members | ||||||
22 | concurring by record vote.
Any nomination not acted upon by | ||||||
23 | the Senate within 60 session days of the
receipt thereof shall | ||||||
24 | be deemed to have received the advice and consent of
the |
| |||||||
| |||||||
1 | Senate. If, during a recess of the Senate, there is a vacancy | ||||||
2 | in an office
of Executive Inspector General, the appointing | ||||||
3 | authority shall make a
temporary appointment until the next | ||||||
4 | meeting of the Senate when the
appointing authority shall make | ||||||
5 | a nomination to fill that office. No person
rejected for an | ||||||
6 | office of Executive Inspector General shall, except by the
| ||||||
7 | Senate's request, be nominated again for that office at the | ||||||
8 | same session of
the Senate or be appointed to that office | ||||||
9 | during a recess of that Senate.
| ||||||
10 | Nothing in this Article precludes the appointment by the | ||||||
11 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
12 | or Treasurer of any other inspector general
required or
| ||||||
13 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
14 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
15 | inspector general as the Executive Inspector
General
required | ||||||
16 | by this
Article, provided that such an inspector general is | ||||||
17 | not prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
18 | interest from serving as the Executive
Inspector General
| ||||||
19 | required by
this Article.
An appointing authority may not | ||||||
20 | appoint a relative as an Executive Inspector
General.
| ||||||
21 | Each Executive Inspector General shall have the following | ||||||
22 | qualifications:
| ||||||
23 | (1) has not been convicted of any felony under the | ||||||
24 | laws of this State,
another State, or the United States;
| ||||||
25 | (2) has earned a baccalaureate degree from an | ||||||
26 | institution of higher
education; and
|
| |||||||
| |||||||
1 | (3) has 5 or more years of cumulative service (A) with | ||||||
2 | a federal,
State, or
local law enforcement agency, at | ||||||
3 | least 2 years of which have been in a
progressive | ||||||
4 | investigatory capacity; (B)
as a
federal, State, or local | ||||||
5 | prosecutor; (C)
as a
senior manager or executive of a | ||||||
6 | federal, State, or local
agency; (D) as a member, an | ||||||
7 | officer,
or a State
or federal judge; or (E) representing | ||||||
8 | any combination of items (A) through (D).
| ||||||
9 | The term of each initial Executive Inspector General shall
| ||||||
10 | commence upon qualification and shall run through June 30, | ||||||
11 | 2008. The
initial appointments shall be made within 60 days | ||||||
12 | after the effective
date of this Act.
| ||||||
13 | After the initial term, each Executive Inspector General | ||||||
14 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
15 | of appointment
and running through June 30 of the fifth | ||||||
16 | following year. An
Executive Inspector General may be | ||||||
17 | reappointed to one or more
subsequent terms.
| ||||||
18 | A vacancy occurring other than at the end of a term shall | ||||||
19 | be filled
by the appointing authority only for the balance of | ||||||
20 | the term of the Executive
Inspector General whose office is | ||||||
21 | vacant.
| ||||||
22 | Terms shall run regardless of whether the position is | ||||||
23 | filled.
| ||||||
24 | (c) The Executive Inspector General appointed by the | ||||||
25 | Attorney General shall
have jurisdiction over the Attorney | ||||||
26 | General and all officers and employees of,
and vendors and |
| |||||||
| |||||||
1 | others doing business with,
State agencies within the | ||||||
2 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
3 | General appointed by the Secretary of State shall have | ||||||
4 | jurisdiction
over the Secretary of State and all officers and | ||||||
5 | employees of, and vendors and
others doing business with, | ||||||
6 | State agencies within the
jurisdiction of the Secretary of | ||||||
7 | State. The Executive Inspector General
appointed by the | ||||||
8 | Comptroller shall have jurisdiction over the Comptroller and
| ||||||
9 | all officers and employees of, and vendors and others doing | ||||||
10 | business with,
State agencies within the jurisdiction of the | ||||||
11 | Comptroller. The
Executive Inspector General appointed by the | ||||||
12 | Treasurer shall have jurisdiction
over the Treasurer and all | ||||||
13 | officers and employees of, and vendors and others
doing | ||||||
14 | business with, State agencies within the jurisdiction
of the | ||||||
15 | Treasurer. The Executive Inspector General appointed by the | ||||||
16 | Governor
shall have jurisdiction over (i) the Governor, (ii) | ||||||
17 | the Lieutenant Governor, (iii) all
officers and employees of, | ||||||
18 | and vendors and others doing business with,
executive branch | ||||||
19 | State agencies under the jurisdiction of the
Executive Ethics | ||||||
20 | Commission and not within the jurisdiction of the
Attorney
| ||||||
21 | General, the Secretary of State, the Comptroller, or the | ||||||
22 | Treasurer, and (iv) all board members and employees of the | ||||||
23 | Regional Transit Boards and all vendors and others doing | ||||||
24 | business with the Regional Transit Boards.
| ||||||
25 | The jurisdiction of each Executive Inspector General is to | ||||||
26 | investigate
allegations of fraud, waste, abuse, mismanagement, |
| |||||||
| |||||||
1 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
2 | violations of this Act or violations of other related
laws and | ||||||
3 | rules.
| ||||||
4 | Each Executive Inspector General shall have jurisdiction | ||||||
5 | over complainants in violation of subsection (e) of Section | ||||||
6 | 20-63 for disclosing a summary report prepared by the | ||||||
7 | respective Executive Inspector General. | ||||||
8 | (d) The compensation for each Executive Inspector General | ||||||
9 | shall be
determined by the Executive Ethics Commission and | ||||||
10 | shall be made from appropriations made to the Comptroller for | ||||||
11 | this purpose. Subject to Section 20-45 of this Act, each
| ||||||
12 | Executive Inspector General has full
authority
to organize his | ||||||
13 | or her Office of the Executive Inspector General, including | ||||||
14 | the
employment and determination of the compensation of staff, | ||||||
15 | such as deputies,
assistants, and other employees, as | ||||||
16 | appropriations permit. A separate
appropriation
shall be made | ||||||
17 | for each Office of Executive Inspector General.
| ||||||
18 | (e) No Executive Inspector General or employee of the | ||||||
19 | Office of
the Executive Inspector General may, during his or | ||||||
20 | her term of appointment or
employment:
| ||||||
21 | (1) become a candidate for any elective office;
| ||||||
22 | (2) hold any other elected or appointed public office
| ||||||
23 | except for appointments on governmental advisory boards
or | ||||||
24 | study commissions or as otherwise expressly authorized by | ||||||
25 | law;
| ||||||
26 | (3) be actively involved in the affairs of any |
| |||||||
| |||||||
1 | political party or
political organization; or
| ||||||
2 | (4) advocate for the appointment of another person to | ||||||
3 | an appointed or elected office or position or actively | ||||||
4 | participate in any campaign for any
elective office.
| ||||||
5 | In this subsection an appointed public office means a | ||||||
6 | position authorized by
law that is filled by an appointing | ||||||
7 | authority as provided by law and does not
include employment | ||||||
8 | by hiring in the ordinary course of business.
| ||||||
9 | (e-1) No Executive Inspector General or employee of the | ||||||
10 | Office of the
Executive Inspector General may, for one year | ||||||
11 | after the termination of his or
her appointment or employment:
| ||||||
12 | (1) become a candidate for any elective office;
| ||||||
13 | (2) hold any elected public office; or
| ||||||
14 | (3) hold any appointed State, county, or local | ||||||
15 | judicial office.
| ||||||
16 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
17 | be waived by the
Executive Ethics Commission.
| ||||||
18 | (f) An Executive Inspector General may be removed only for | ||||||
19 | cause and may
be removed only by the appointing constitutional | ||||||
20 | officer. At the time of the
removal,
the appointing | ||||||
21 | constitutional officer must report to the Executive Ethics
| ||||||
22 | Commission the
justification for the
removal.
| ||||||
23 | (Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
| ||||||
24 | (5 ILCS 430/25-10)
| ||||||
25 | Sec. 25-10. Office of Legislative Inspector General.
|
| |||||||
| |||||||
1 | (a) The independent Office of the Legislative Inspector | ||||||
2 | General is created.
The Office shall be under the direction | ||||||
3 | and supervision of the
Legislative Inspector General and shall | ||||||
4 | be a fully independent office with its
own appropriation.
| ||||||
5 | (b) The Legislative Inspector General shall be appointed | ||||||
6 | without regard to
political
affiliation and solely on the | ||||||
7 | basis of integrity and
demonstrated ability.
The Legislative | ||||||
8 | Ethics
Commission shall diligently search out qualified | ||||||
9 | candidates for Legislative
Inspector General
and shall make | ||||||
10 | recommendations to the General Assembly. The Legislative | ||||||
11 | Inspector General may serve in a full-time, part-time, or | ||||||
12 | contractual capacity.
| ||||||
13 | The Legislative Inspector General shall be appointed by a | ||||||
14 | joint resolution of
the
Senate and the House of | ||||||
15 | Representatives, which may specify the date on
which the | ||||||
16 | appointment takes effect.
A joint resolution, or other | ||||||
17 | document as may be specified by the
Joint Rules of the General | ||||||
18 | Assembly, appointing the Legislative Inspector
General must be | ||||||
19 | certified by
the Speaker
of the House of Representatives and | ||||||
20 | the President of the Senate as having been
adopted by the
| ||||||
21 | affirmative vote of three-fifths of the members elected to | ||||||
22 | each house,
respectively,
and be filed with the Secretary of | ||||||
23 | State.
The appointment of the Legislative Inspector General | ||||||
24 | takes effect on the day
the
appointment is completed by the | ||||||
25 | General Assembly, unless the appointment
specifies a later | ||||||
26 | date on which it is to become effective.
|
| |||||||
| |||||||
1 | The Legislative Inspector General shall have the following | ||||||
2 | qualifications:
| ||||||
3 | (1) has not been convicted of any felony under the | ||||||
4 | laws of this State,
another state, or the United States;
| ||||||
5 | (2) has earned a baccalaureate degree from an | ||||||
6 | institution of higher
education; and
| ||||||
7 | (3) has 5 or more years of cumulative service (A) with | ||||||
8 | a federal,
State, or
local law enforcement agency, at | ||||||
9 | least 2 years of which have been in a
progressive | ||||||
10 | investigatory capacity; (B)
as a
federal, State, or local | ||||||
11 | prosecutor; (C)
as a
senior manager or executive of a | ||||||
12 | federal, State, or local
agency; (D) as a member, an | ||||||
13 | officer,
or a State
or federal judge; or (E) representing | ||||||
14 | any combination of items (A) through (D).
| ||||||
15 | The Legislative Inspector General may not be a relative of | ||||||
16 | a commissioner.
| ||||||
17 | The term of the initial Legislative Inspector General | ||||||
18 | shall
commence upon qualification and shall run through June | ||||||
19 | 30, 2008.
| ||||||
20 | After the initial term, the Legislative Inspector General | ||||||
21 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
22 | of appointment
and running through June 30 of the fifth | ||||||
23 | following year. The
Legislative Inspector General may be | ||||||
24 | reappointed to one or more
subsequent terms. Terms shall run | ||||||
25 | regardless of whether the position is filled.
| ||||||
26 | (b-5) A vacancy occurring other than at the end of a term |
| |||||||
| |||||||
1 | shall be filled in the
same manner as an appointment only for | ||||||
2 | the balance of the term of the
Legislative
Inspector General | ||||||
3 | whose office is vacant. Within 7 days of the Office becoming | ||||||
4 | vacant or receipt of a Legislative Inspector General's | ||||||
5 | prospective resignation, the vacancy shall be publicly posted | ||||||
6 | on the Commission's website, along with a description of the | ||||||
7 | requirements for the position and where applicants may apply. | ||||||
8 | Within 45 days of the vacancy, the Commission shall | ||||||
9 | designate an Acting Legislative Inspector General who shall | ||||||
10 | serve until the vacancy is filled. The Commission shall file | ||||||
11 | the designation in writing with the Secretary of State. | ||||||
12 | Within 60 days prior to the end of the term of the | ||||||
13 | Legislative Inspector General or within 30 days of the | ||||||
14 | occurrence of a vacancy in the Office of the Legislative | ||||||
15 | Inspector General, the Legislative Ethics Commission shall | ||||||
16 | establish a four-member search committee within the Commission | ||||||
17 | for the purpose of conducting a search for qualified | ||||||
18 | candidates to serve as Legislative Inspector General. The | ||||||
19 | Speaker of the House of Representatives, Minority Leader of | ||||||
20 | the House, Senate President, and Minority Leader of the Senate | ||||||
21 | shall each appoint one member to the search committee. A | ||||||
22 | member of the search committee shall be either a retired judge | ||||||
23 | or former prosecutor and may not be a member or employee of the | ||||||
24 | General Assembly or a registered lobbyist. If the Legislative | ||||||
25 | Ethics Commission wishes to recommend that the Legislative | ||||||
26 | Inspector General be re-appointed, a search committee does not |
| |||||||
| |||||||
1 | need to be appointed. | ||||||
2 | The search committee shall conduct a search for qualified | ||||||
3 | candidates, accept applications, and conduct interviews. The | ||||||
4 | search committee shall recommend up to 3 candidates for | ||||||
5 | Legislative Inspector General to the Legislative Ethics | ||||||
6 | Commission. The search committee shall be disbanded upon an | ||||||
7 | appointment of the Legislative Inspector General. Members of | ||||||
8 | the search committee are not entitled to compensation but | ||||||
9 | shall be entitled to reimbursement of reasonable expenses | ||||||
10 | incurred in connection with the performance of their duties. | ||||||
11 | Within 30 days after June 8, 2018 ( the effective date of | ||||||
12 | Public Act 100-588) this amendatory Act of the 100th General | ||||||
13 | Assembly , the Legislative Ethics Commission shall create a | ||||||
14 | search committee in the manner provided for in this subsection | ||||||
15 | to recommend up to 3 candidates for Legislative Inspector | ||||||
16 | General to the Legislative Ethics Commission by October 31, | ||||||
17 | 2018. | ||||||
18 | If a vacancy exists and the Commission has not appointed | ||||||
19 | an Acting Legislative Inspector General, either the staff of | ||||||
20 | the Office of the Legislative Inspector General, or if there | ||||||
21 | is no staff, the Executive Director, shall advise the | ||||||
22 | Commission of all open investigations and any new allegations | ||||||
23 | or complaints received in the Office of the Inspector General. | ||||||
24 | These reports shall not include the name of any person | ||||||
25 | identified in the allegation or complaint, including, but not | ||||||
26 | limited to, the subject of and the person filing the |
| |||||||
| |||||||
1 | allegation or complaint. Notification shall be made to the | ||||||
2 | Commission on a weekly basis unless the Commission approves of | ||||||
3 | a different reporting schedule.
| ||||||
4 | If the Office of the Inspector General is vacant for 6 | ||||||
5 | months or more beginning on or after January 1, 2019, and the | ||||||
6 | Legislative Ethics Commission has not appointed an Acting | ||||||
7 | Legislative Inspector General, all complaints made to the | ||||||
8 | Legislative Inspector General or the Legislative Ethics | ||||||
9 | Commission shall be directed to the Inspector General for the | ||||||
10 | Auditor General, and he or she shall have the authority to act | ||||||
11 | as provided in subsection (c) of this Section and Section | ||||||
12 | 25-20 of this Act, and shall be subject to all laws and rules | ||||||
13 | governing a Legislative Inspector General or Acting | ||||||
14 | Legislative Inspector General. The authority for the Inspector | ||||||
15 | General of the Auditor General under this paragraph shall | ||||||
16 | terminate upon appointment of a Legislative Inspector General | ||||||
17 | or an Acting Legislative Inspector General.
| ||||||
18 | (c) The Legislative Inspector General
shall have | ||||||
19 | jurisdiction over the current and former members of the | ||||||
20 | General Assembly regarding events occurring during a member's | ||||||
21 | term of office and
current and former State employees | ||||||
22 | regarding events occurring during any period of employment | ||||||
23 | where the State employee's ultimate jurisdictional authority | ||||||
24 | is
(i) a legislative leader, (ii) the Senate Operations | ||||||
25 | Commission, or (iii) the
Joint Committee on Legislative | ||||||
26 | Support Services.
|
| |||||||
| |||||||
1 | The jurisdiction of each Legislative Inspector General is | ||||||
2 | to investigate
allegations of fraud, waste, abuse, | ||||||
3 | mismanagement, misconduct, nonfeasance,
misfeasance,
| ||||||
4 | malfeasance, or violations of this Act or violations of other | ||||||
5 | related
laws and rules.
| ||||||
6 | The Legislative Inspector General shall have jurisdiction | ||||||
7 | over complainants in violation of subsection (e) of Section | ||||||
8 | 25-63 of this Act. | ||||||
9 | (d) The compensation of the Legislative Inspector General | ||||||
10 | shall
be the greater of an amount (i) determined (i) by the | ||||||
11 | Commission or (ii) by joint
resolution of the General Assembly | ||||||
12 | passed by a majority of members elected in
each chamber.
| ||||||
13 | Subject to Section 25-45 of this Act, the Legislative | ||||||
14 | Inspector General has
full
authority to organize the Office of | ||||||
15 | the Legislative Inspector General,
including the employment | ||||||
16 | and determination of the compensation of
staff, such as | ||||||
17 | deputies, assistants, and other employees, as
appropriations | ||||||
18 | permit. Employment of staff is subject to the approval of at | ||||||
19 | least 3 of the 4 legislative leaders.
| ||||||
20 | (e) No Legislative Inspector General or employee of the | ||||||
21 | Office of
the Legislative Inspector General may, during his or | ||||||
22 | her term of appointment or
employment:
| ||||||
23 | (1) become a candidate for any elective office;
| ||||||
24 | (2) hold any other elected or appointed public office
| ||||||
25 | except for appointments on governmental advisory boards
or | ||||||
26 | study commissions or as otherwise expressly authorized by |
| |||||||
| |||||||
1 | law;
| ||||||
2 | (3) be actively involved in the affairs of any | ||||||
3 | political party or
political organization; or
| ||||||
4 | (4) actively participate in any campaign for any
| ||||||
5 | elective office.
| ||||||
6 | A full-time Legislative Inspector General shall not engage | ||||||
7 | in the practice of law or any other business, employment, or | ||||||
8 | vocation. | ||||||
9 | In this subsection an appointed public office means a | ||||||
10 | position authorized by
law that is filled by an appointing | ||||||
11 | authority as provided by law and does not
include employment | ||||||
12 | by hiring in the ordinary course of business.
| ||||||
13 | (e-1) No Legislative Inspector General or employee of the | ||||||
14 | Office of the
Legislative Inspector General may, for one year | ||||||
15 | after the termination of his or
her appointment or employment:
| ||||||
16 | (1) become a candidate for any elective office;
| ||||||
17 | (2) hold any elected public office; or
| ||||||
18 | (3) hold any appointed State, county, or local | ||||||
19 | judicial office.
| ||||||
20 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
21 | be waived by the
Legislative Ethics Commission.
| ||||||
22 | (f) The Commission may remove the Legislative Inspector | ||||||
23 | General only for
cause. At the time of the removal, the | ||||||
24 | Commission must report to the General
Assembly the | ||||||
25 | justification for the removal.
| ||||||
26 | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; |
| |||||||
| |||||||
1 | revised 9-12-19.)
| ||||||
2 | Section 50. The Seizure and Forfeiture Reporting Act is | ||||||
3 | amended by changing Section 5 as follows:
| ||||||
4 | (5 ILCS 810/5)
| ||||||
5 | Sec. 5. Applicability. This Act is applicable to property | ||||||
6 | seized or forfeited under the following provisions of law: | ||||||
7 | (1) Section 3.23 of the Illinois Food, Drug and | ||||||
8 | Cosmetic Act; | ||||||
9 | (2) Section 44.1 of the Environmental Protection Act; | ||||||
10 | (3) Section 105-55 of the Herptiles-Herps Act; | ||||||
11 | (4) Section 1-215 of the Fish and Aquatic Life Code; | ||||||
12 | (5) Section 1.25 of the Wildlife Code; | ||||||
13 | (6) Section 17-10.6 of the Criminal Code of 2012 | ||||||
14 | (financial institution fraud); | ||||||
15 | (7) Section 28-5 of the Criminal Code of 2012 | ||||||
16 | (gambling); | ||||||
17 | (8) Article 29B of the Criminal Code of 2012 (money | ||||||
18 | laundering); | ||||||
19 | (9) Article 33G of the Criminal Code of 2012 (Illinois | ||||||
20 | Street Gang and Racketeer Influenced And Corrupt | ||||||
21 | Organizations Law); | ||||||
22 | (10) Article 36 of the Criminal Code of 2012 (seizure | ||||||
23 | and forfeiture of vessels, vehicles, and aircraft); | ||||||
24 | (11) Section 47-15 of the Criminal Code of 2012 |
| |||||||
| |||||||
1 | (dumping garbage upon real property); | ||||||
2 | (12) Article 124B of the Code of Criminal Procedure of | ||||||
3 | 1963 procedure (forfeiture); | ||||||
4 | (13) the Drug Asset Forfeiture Procedure Act; | ||||||
5 | (14) the Narcotics Profit Forfeiture Act; | ||||||
6 | (15) the Illinois Streetgang Terrorism Omnibus | ||||||
7 | Prevention Act; and | ||||||
8 | (16) the Illinois Securities Law of 1953.
| ||||||
9 | (Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
| ||||||
10 | Section 55. The Gun Trafficking Information Act is amended | ||||||
11 | by changing Section 10-1 as follows:
| ||||||
12 | (5 ILCS 830/10-1)
| ||||||
13 | Sec. 10-1. Short title. This Article 10 5 may be cited as | ||||||
14 | the Gun Trafficking Information Act. References in this | ||||||
15 | Article to "this Act" mean this Article.
| ||||||
16 | (Source: P.A. 100-1178, eff. 1-18-19; revised 7-17-19.)
| ||||||
17 | Section 60. The Election Code is amended by changing | ||||||
18 | Sections 1A-3, 1A-45, 2A-1.2, 6-50.2, 6A-3, and 9-15 as | ||||||
19 | follows:
| ||||||
20 | (10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
| ||||||
21 | Sec. 1A-3.
Subject to the confirmation requirements of | ||||||
22 | Section 1A-4, 4
members of the State Board of Elections shall |
| |||||||
| |||||||
1 | be appointed in each odd-numbered
year as follows:
| ||||||
2 | (1) The Governor shall appoint 2 members of the same | ||||||
3 | political party with
which he is affiliated, one from each | ||||||
4 | area of required residence.
| ||||||
5 | (2) The Governor shall appoint 2 members of the | ||||||
6 | political party whose
candidate for Governor in the most | ||||||
7 | recent general election received the
second highest number | ||||||
8 | of votes, one from each area of required residence,
from a | ||||||
9 | list of nominees submitted by the first state executive | ||||||
10 | officer in
the order indicated herein affiliated with such | ||||||
11 | political party: Attorney
General, Secretary of State, | ||||||
12 | Comptroller, and Treasurer.
If none of the State executive | ||||||
13 | officers listed herein is affiliated with
such political | ||||||
14 | party, the nominating State officer shall be the first | ||||||
15 | State
executive officer in the order indicated herein | ||||||
16 | affiliated with an
established political party other than | ||||||
17 | that of the Governor.
| ||||||
18 | (3) The nominating state officer shall submit in | ||||||
19 | writing to the Governor
3 names of qualified persons for | ||||||
20 | each membership on the State Board of Elections Election | ||||||
21 | to be
appointed from the political party of that officer. | ||||||
22 | The Governor may reject
any or all of the nominees on any | ||||||
23 | such list and may request an additional
list. The second | ||||||
24 | list shall be submitted by the nominating officer and
| ||||||
25 | shall contain 3 new names of qualified persons for each | ||||||
26 | remaining appointment,
except that if the Governor |
| |||||||
| |||||||
1 | expressly reserves any nominee's name from the
first list, | ||||||
2 | that nominee shall not be replaced on the second list. The
| ||||||
3 | second list shall be final.
| ||||||
4 | (4) Whenever all the state executive officers | ||||||
5 | designated in paragraph
(2) are affiliated with the same | ||||||
6 | political party as that of the Governor,
all 4 members of | ||||||
7 | the Board to be appointed that year, from both designated
| ||||||
8 | political parties, shall be appointed by the Governor | ||||||
9 | without nominations.
| ||||||
10 | (5) The Governor shall submit in writing to the | ||||||
11 | President of the Senate
the name of each person appointed | ||||||
12 | to the State Board of Elections, and shall
designate the | ||||||
13 | term for which the appointment is made and the name of the
| ||||||
14 | member whom the appointee is to succeed.
| ||||||
15 | (6) The appointments shall be made and submitted by | ||||||
16 | the Governor no later
than April 1 and a nominating state | ||||||
17 | officer required to submit a list of
nominees to the | ||||||
18 | Governor pursuant to paragraph (3) shall submit a list no
| ||||||
19 | later than March 1. For appointments occurring in 2019, | ||||||
20 | the appointments shall be made and submitted by the | ||||||
21 | Governor no later than May 15.
| ||||||
22 | (7) In the appointment of the initial members of the | ||||||
23 | Board pursuant to
this amendatory Act of 1978, the | ||||||
24 | provisions of paragraphs (1), (2), (3),
(5) , and (6) of | ||||||
25 | this Section shall apply except that the Governor shall | ||||||
26 | appoint
all 8 members, 2 from each of the designated |
| |||||||
| |||||||
1 | political parties from each
area of required residence.
| ||||||
2 | (Source: P.A. 101-5, eff. 5-15-19; revised 9-9-19.)
| ||||||
3 | (10 ILCS 5/1A-45) | ||||||
4 | Sec. 1A-45. Electronic Registration Information Center. | ||||||
5 | (a) The State Board of Elections shall enter into an | ||||||
6 | agreement with the Electronic Registration Information Center | ||||||
7 | effective no later than January 1, 2016, for the purpose of | ||||||
8 | maintaining a statewide voter registration database. The State | ||||||
9 | Board of Elections shall comply with the requirements of the | ||||||
10 | Electronic Registration Information Center Membership | ||||||
11 | Agreement. The State Board of Elections shall require a term | ||||||
12 | in the Electronic Registration Information Center Membership | ||||||
13 | Agreement that requires the State to share identification | ||||||
14 | records contained in the Secretary of State's Driver Services | ||||||
15 | Department and Vehicle Services Department, the Department of | ||||||
16 | Human Services, the Department of Healthcare and Family | ||||||
17 | Services, the Department on of Aging, and the Department of | ||||||
18 | Employment Security databases (excluding those fields | ||||||
19 | unrelated to voter eligibility, such as income or health | ||||||
20 | information). | ||||||
21 | (b) The Secretary of State and the State Board of | ||||||
22 | Elections shall enter into an agreement to permit the | ||||||
23 | Secretary of State to provide the State Board of Elections | ||||||
24 | with any information required for compliance with the | ||||||
25 | Electronic Registration Information Center Membership |
| |||||||
| |||||||
1 | Agreement. The Secretary of State shall deliver this | ||||||
2 | information as frequently as necessary for the State Board of | ||||||
3 | Elections to comply with the Electronic Registration | ||||||
4 | Information Center Membership Agreement. | ||||||
5 | (b-5) The State Board of Elections and the Department of | ||||||
6 | Human Services, the Department of Healthcare and Family | ||||||
7 | Services, the Department on Aging, and the Department of | ||||||
8 | Employment Security shall enter into an agreement to require | ||||||
9 | each department to provide the State Board of Elections with | ||||||
10 | any information necessary to transmit member data under the | ||||||
11 | Electronic Registration Information Center Membership | ||||||
12 | Agreement. The director or secretary, as applicable, of each | ||||||
13 | agency shall deliver this information on an annual basis to | ||||||
14 | the State Board of Elections pursuant to the agreement between | ||||||
15 | the entities. | ||||||
16 | (c) Any communication required to be delivered to a | ||||||
17 | registrant or potential registrant pursuant to the Electronic | ||||||
18 | Registration Information Center Membership Agreement shall | ||||||
19 | include at least the following message: | ||||||
20 | "Our records show people at this address may not be | ||||||
21 | registered to vote at this address, but you may be | ||||||
22 | eligible to register to vote or re-register to vote at | ||||||
23 | this address. If you are a U.S. Citizen, a resident of | ||||||
24 | Illinois, and will be 18 years old or older before the next | ||||||
25 | general election in November, you are qualified to vote. | ||||||
26 | We invite you to check your registration online at |
| |||||||
| |||||||
1 | (enter URL) or register to vote online at (enter URL), by | ||||||
2 | requesting a mail-in voter registration form by (enter | ||||||
3 | instructions for requesting a mail-in voter registration | ||||||
4 | form), or visiting the (name of election authority) office | ||||||
5 | at (address of election authority)." | ||||||
6 | The words "register to vote online at (enter URL)" shall | ||||||
7 | be bolded and of a distinct nature from the other words in the | ||||||
8 | message required by this subsection (c). | ||||||
9 | (d) Any communication required to be delivered to a | ||||||
10 | potential registrant that has been identified by the | ||||||
11 | Electronic Registration Information Center as eligible to vote | ||||||
12 | but who is not registered to vote in Illinois shall be prepared | ||||||
13 | and disseminated at the direction of the State Board of | ||||||
14 | Elections. All other communications with potential registrants | ||||||
15 | or re-registrants pursuant to the Electronic Registration | ||||||
16 | Information Center Membership Agreement shall be prepared and | ||||||
17 | disseminated at the direction of the appropriate election | ||||||
18 | authority. | ||||||
19 | (e) The Executive Director of the State Board of Elections | ||||||
20 | or his or her designee shall serve as the Member | ||||||
21 | Representative to the Electronic Registration Information | ||||||
22 | Center. | ||||||
23 | (f) The State Board of Elections may adopt any rules | ||||||
24 | necessary to enforce this Section or comply with the | ||||||
25 | Electronic Registration Information Center Membership | ||||||
26 | Agreement.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
| ||||||
2 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| ||||||
3 | Sec. 2A-1.2. Consolidated schedule of elections; offices | ||||||
4 | elections - offices designated.
| ||||||
5 | (a) At the general election in the appropriate | ||||||
6 | even-numbered years, the
following offices shall be filled or | ||||||
7 | shall be on the ballot as otherwise
required by this Code:
| ||||||
8 | (1) Elector of President and Vice President of the | ||||||
9 | United States;
| ||||||
10 | (2) United States Senator and United States | ||||||
11 | Representative;
| ||||||
12 | (3) State Executive Branch elected officers;
| ||||||
13 | (4) State Senator and State Representative;
| ||||||
14 | (5) County elected officers, including State's | ||||||
15 | Attorney, County Board
member, County Commissioners, and | ||||||
16 | elected President of the County Board or
County Chief | ||||||
17 | Executive;
| ||||||
18 | (6) Circuit Court Clerk;
| ||||||
19 | (7) Regional Superintendent of Schools, except in | ||||||
20 | counties or
educational service regions in which that | ||||||
21 | office has been abolished;
| ||||||
22 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
23 | Courts, on the question
of retention, to fill vacancies | ||||||
24 | and newly created judicial offices;
| ||||||
25 | (9) (Blank);
|
| |||||||
| |||||||
1 | (10) Trustee of the Metropolitan Water Reclamation | ||||||
2 | Sanitary District of Greater Chicago, and elected
Trustee | ||||||
3 | of other Sanitary Districts;
| ||||||
4 | (11) Special District elected officers, not otherwise | ||||||
5 | designated in this
Section, where the statute creating or | ||||||
6 | authorizing the creation of
the district requires an | ||||||
7 | annual election and permits or requires election
of | ||||||
8 | candidates of political parties.
| ||||||
9 | (b) At the general primary election:
| ||||||
10 | (1) in each even-numbered year candidates of political | ||||||
11 | parties shall be
nominated for those offices to be filled | ||||||
12 | at the general election in that
year, except where | ||||||
13 | pursuant to law nomination of candidates of political
| ||||||
14 | parties is made by caucus.
| ||||||
15 | (2) in the appropriate even-numbered years the | ||||||
16 | political party offices of
State central committeeperson, | ||||||
17 | township committeeperson, ward committeeperson, and
| ||||||
18 | precinct committeeperson shall be filled and delegates and | ||||||
19 | alternate delegates
to the National nominating conventions | ||||||
20 | shall be elected as may be required
pursuant to this Code. | ||||||
21 | In the even-numbered years in which a Presidential
| ||||||
22 | election is to be held, candidates in the Presidential | ||||||
23 | preference primary
shall also be on the ballot.
| ||||||
24 | (3) in each even-numbered year, where the municipality | ||||||
25 | has provided for
annual elections to elect municipal | ||||||
26 | officers pursuant to Section 6(f) or
Section 7 of Article |
| |||||||
| |||||||
1 | VII of the Constitution, pursuant to the Illinois
| ||||||
2 | Municipal Code or pursuant to the municipal charter, the | ||||||
3 | offices of such
municipal officers shall be filled at an | ||||||
4 | election held on the date of the
general primary election, | ||||||
5 | provided that the municipal election shall be a
| ||||||
6 | nonpartisan election where required by the Illinois | ||||||
7 | Municipal Code. For
partisan municipal elections in | ||||||
8 | even-numbered years, a primary to nominate
candidates for | ||||||
9 | municipal office to be elected at the general primary
| ||||||
10 | election shall be held on the Tuesday 6 weeks preceding | ||||||
11 | that election.
| ||||||
12 | (4) in each school district which has adopted the | ||||||
13 | provisions of
Article 33 of the School Code, successors to | ||||||
14 | the members of the board
of education whose terms expire | ||||||
15 | in the year in which the general primary is
held shall be | ||||||
16 | elected.
| ||||||
17 | (c) At the consolidated election in the appropriate | ||||||
18 | odd-numbered years,
the following offices shall be filled:
| ||||||
19 | (1) Municipal officers, provided that in | ||||||
20 | municipalities in which
candidates for alderman or other | ||||||
21 | municipal office are not permitted by law
to be candidates | ||||||
22 | of political parties, the runoff election where required
| ||||||
23 | by law, or the nonpartisan election where required by law, | ||||||
24 | shall be held on
the date of the consolidated election; | ||||||
25 | and provided further, in the case of
municipal officers | ||||||
26 | provided for by an ordinance providing the form of
|
| |||||||
| |||||||
1 | government of the municipality pursuant to Section 7 of | ||||||
2 | Article VII of the
Constitution, such offices shall be | ||||||
3 | filled by election or by runoff
election as may be | ||||||
4 | provided by such ordinance;
| ||||||
5 | (2) Village and incorporated town library directors;
| ||||||
6 | (3) City boards of stadium commissioners;
| ||||||
7 | (4) Commissioners of park districts;
| ||||||
8 | (5) Trustees of public library districts;
| ||||||
9 | (6) Special District elected officers, not otherwise | ||||||
10 | designated in this
Section, where the statute creating or | ||||||
11 | authorizing the creation of the district
permits or | ||||||
12 | requires election of candidates of political parties;
| ||||||
13 | (7) Township officers, including township park | ||||||
14 | commissioners, township
library directors, and boards of | ||||||
15 | managers of community buildings, and
Multi-Township | ||||||
16 | Assessors;
| ||||||
17 | (8) Highway commissioners and road district clerks;
| ||||||
18 | (9) Members of school boards in school districts which | ||||||
19 | adopt Article 33
of the School Code;
| ||||||
20 | (10) The directors and chair of the Chain O Lakes - Fox | ||||||
21 | River Waterway
Management Agency;
| ||||||
22 | (11) Forest preserve district commissioners elected | ||||||
23 | under Section 3.5 of
the Downstate Forest Preserve | ||||||
24 | District Act;
| ||||||
25 | (12) Elected members of school boards, school | ||||||
26 | trustees, directors of
boards of school directors, |
| |||||||
| |||||||
1 | trustees of county boards of school trustees
(except in | ||||||
2 | counties or educational service regions having a | ||||||
3 | population
of 2,000,000 or more inhabitants) and members | ||||||
4 | of boards of school inspectors,
except school boards in | ||||||
5 | school
districts that adopt Article 33 of the School Code;
| ||||||
6 | (13) Members of Community College district boards;
| ||||||
7 | (14) Trustees of Fire Protection Districts;
| ||||||
8 | (15) Commissioners of the Springfield Metropolitan | ||||||
9 | Exposition and
Auditorium
Authority;
| ||||||
10 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
11 | Districts;
| ||||||
12 | (17) Elected Officers of special districts not | ||||||
13 | otherwise designated in
this Section for which the law | ||||||
14 | governing those districts does not permit
candidates of | ||||||
15 | political parties.
| ||||||
16 | (d) At the consolidated primary election in each | ||||||
17 | odd-numbered year,
candidates of political parties shall be | ||||||
18 | nominated for those offices to be
filled at the consolidated | ||||||
19 | election in that year, except where pursuant to
law nomination | ||||||
20 | of candidates of political parties is made by caucus, and
| ||||||
21 | except those offices listed in paragraphs (12) through (17) of | ||||||
22 | subsection
(c).
| ||||||
23 | At the consolidated primary election in the appropriate | ||||||
24 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
25 | shall be elected in
municipalities in which
candidates for | ||||||
26 | mayor, clerk, treasurer, or alderman are not permitted by
law |
| |||||||
| |||||||
1 | to be candidates
of political parties, subject to runoff | ||||||
2 | elections to be held at the
consolidated election as may be | ||||||
3 | required
by law, and municipal officers shall be nominated in | ||||||
4 | a nonpartisan election
in municipalities in which pursuant to | ||||||
5 | law candidates for such office are
not permitted to be | ||||||
6 | candidates of political parties.
| ||||||
7 | At the consolidated primary election in the appropriate | ||||||
8 | odd-numbered years,
municipal officers shall be nominated or | ||||||
9 | elected, or elected subject to
a runoff, as may be provided by | ||||||
10 | an ordinance providing a form of government
of the | ||||||
11 | municipality pursuant to Section 7 of Article VII of the | ||||||
12 | Constitution.
| ||||||
13 | (e) (Blank).
| ||||||
14 | (f) At any election established in Section 2A-1.1, public | ||||||
15 | questions may
be submitted to voters pursuant to this Code and | ||||||
16 | any special election
otherwise required or authorized by law | ||||||
17 | or by court order may be conducted
pursuant to this Code.
| ||||||
18 | Notwithstanding the regular dates for election of officers | ||||||
19 | established
in this Article, whenever a referendum is held for | ||||||
20 | the establishment of
a political subdivision whose officers | ||||||
21 | are to be elected, the initial officers
shall be elected at the | ||||||
22 | election at which such referendum is held if otherwise
so | ||||||
23 | provided by law. In such cases, the election of the initial | ||||||
24 | officers
shall be subject to the referendum.
| ||||||
25 | Notwithstanding the regular dates for election of | ||||||
26 | officials established
in this Article, any community college |
| |||||||
| |||||||
1 | district which becomes effective by
operation of law pursuant | ||||||
2 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
3 | hereafter amended, shall elect the initial district board
| ||||||
4 | members at the next regularly scheduled election following the | ||||||
5 | effective
date of the new district.
| ||||||
6 | (g) At any election established in Section 2A-1.1, if in | ||||||
7 | any precinct
there are no offices or public questions required | ||||||
8 | to be on the ballot under
this Code then no election shall be | ||||||
9 | held in the precinct on that date.
| ||||||
10 | (h) There may be conducted a
referendum in accordance with | ||||||
11 | the provisions of Division 6-4 of the
Counties Code.
| ||||||
12 | (Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
| ||||||
13 | (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
| ||||||
14 | Sec. 6-50.2. (a) The board of election commissioners shall | ||||||
15 | appoint all
precinct committeepersons in the election | ||||||
16 | jurisdiction as deputy registrars
who may accept the | ||||||
17 | registration of any qualified resident of the State, except | ||||||
18 | during the 27 days preceding an election.
| ||||||
19 | The board of election commissioners shall appoint each of | ||||||
20 | the following
named persons as deputy registrars upon the | ||||||
21 | written request of such persons:
| ||||||
22 | 1. The chief librarian, or a qualified person | ||||||
23 | designated by the chief
librarian, of any public library | ||||||
24 | situated within the election jurisdiction,
who may accept | ||||||
25 | the registrations of any qualified resident of the State, |
| |||||||
| |||||||
1 | at such library.
| ||||||
2 | 2. The principal, or a qualified person designated by | ||||||
3 | the principal, of
any high school, elementary school, or | ||||||
4 | vocational school situated
within the election | ||||||
5 | jurisdiction, who may accept the registrations of any
| ||||||
6 | resident of the State, at such school. The board of | ||||||
7 | election
commissioners shall notify every principal and | ||||||
8 | vice-principal of each high
school, elementary school, and | ||||||
9 | vocational school situated in the election
jurisdiction of | ||||||
10 | their eligibility to serve as deputy registrars and offer
| ||||||
11 | training courses for service as deputy registrars at | ||||||
12 | conveniently located
facilities at least 4 months prior to | ||||||
13 | every election.
| ||||||
14 | 3. The president, or a qualified person designated by | ||||||
15 | the president, of
any university, college, community | ||||||
16 | college, academy , or other institution
of learning | ||||||
17 | situated within the State, who may accept the
| ||||||
18 | registrations of any resident of the election | ||||||
19 | jurisdiction, at such university,
college, community | ||||||
20 | college, academy , or institution.
| ||||||
21 | 4. A duly elected or appointed official of a bona fide | ||||||
22 | labor
organization, or a reasonable number of qualified | ||||||
23 | members designated
by such official, who may accept the | ||||||
24 | registrations of any qualified
resident of the State.
| ||||||
25 | 5. A duly elected or appointed official of a bona fide | ||||||
26 | State civic
organization, as defined and determined by |
| |||||||
| |||||||
1 | rule of the State Board of
Elections, or qualified members | ||||||
2 | designated by such official, who may accept
the | ||||||
3 | registration of any qualified resident of the State.
In | ||||||
4 | determining the number of deputy registrars that shall be | ||||||
5 | appointed,
the board of election commissioners shall | ||||||
6 | consider the population of the
jurisdiction, the size of | ||||||
7 | the organization, the geographic size of the
jurisdiction, | ||||||
8 | convenience for the public, the existing number of deputy
| ||||||
9 | registrars in the jurisdiction and their location, the | ||||||
10 | registration
activities of the organization and the need | ||||||
11 | to appoint deputy registrars to
assist and facilitate the | ||||||
12 | registration of non-English speaking individuals.
In no | ||||||
13 | event shall a board of election commissioners fix an | ||||||
14 | arbitrary
number applicable to every civic organization | ||||||
15 | requesting appointment of its
members as deputy | ||||||
16 | registrars. The State Board of Elections shall by rule
| ||||||
17 | provide for certification of bona fide State civic | ||||||
18 | organizations. Such
appointments shall be made for a | ||||||
19 | period not to exceed 2 years, terminating
on the first | ||||||
20 | business day of the month following the month of the | ||||||
21 | general
election, and shall be valid for all periods of | ||||||
22 | voter registration as
provided by this Code during the | ||||||
23 | terms of such appointments.
| ||||||
24 | 6.
The Director of Healthcare and Family Services, or | ||||||
25 | a
reasonable number of employees designated by the | ||||||
26 | Director and located at
public aid offices, who may accept |
| |||||||
| |||||||
1 | the registration of any qualified
resident of the election | ||||||
2 | jurisdiction at any such public aid office.
| ||||||
3 | 7.
The Director of the Illinois Department of | ||||||
4 | Employment Security, or a
reasonable number of employees | ||||||
5 | designated by the Director and located at
unemployment | ||||||
6 | offices, who may accept the registration of any qualified
| ||||||
7 | resident of the election jurisdiction at any such | ||||||
8 | unemployment office.
If the request to be appointed as | ||||||
9 | deputy registrar is denied, the board
of election | ||||||
10 | commissioners shall, within 10 days after the date the | ||||||
11 | request
is submitted, provide the affected individual or | ||||||
12 | organization with written
notice setting forth the | ||||||
13 | specific reasons or criteria relied upon to deny
the | ||||||
14 | request to be appointed as deputy registrar.
| ||||||
15 | 8. The president of any corporation, as defined by the | ||||||
16 | Business
Corporation Act of 1983, or a reasonable number | ||||||
17 | of employees designated by
such president, who may accept | ||||||
18 | the registrations of any qualified resident
of the State.
| ||||||
19 | The board of election commissioners may appoint as many | ||||||
20 | additional deputy
registrars as it considers necessary. The | ||||||
21 | board of election commissioners
shall appoint such additional | ||||||
22 | deputy registrars in such manner that the
convenience of the | ||||||
23 | public is served, giving due consideration to both
population | ||||||
24 | concentration and area. Some of the additional deputy
| ||||||
25 | registrars shall be selected so that there are an equal number | ||||||
26 | from
each of the 2 major political parties in the election |
| |||||||
| |||||||
1 | jurisdiction. The
board of election commissioners, in | ||||||
2 | appointing an additional deputy registrar,
shall make the | ||||||
3 | appointment from a list of applicants submitted by the Chair
| ||||||
4 | of the County Central Committee of the applicant's political | ||||||
5 | party. A Chair
of a County Central Committee shall submit a | ||||||
6 | list of applicants to the board
by November 30 of each year. | ||||||
7 | The board may require a Chair of a County
Central Committee to | ||||||
8 | furnish a supplemental list of applicants.
| ||||||
9 | Deputy registrars may accept registrations at any time | ||||||
10 | other than the 27-day 27
day period preceding an election. All | ||||||
11 | persons appointed as deputy
registrars shall be registered | ||||||
12 | voters within the election jurisdiction and
shall take and | ||||||
13 | subscribe to the following oath or affirmation:
| ||||||
14 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
15 | will support
the Constitution of the United States, and the | ||||||
16 | Constitution of the State
of Illinois, and that I will | ||||||
17 | faithfully discharge the duties of the office
of registration | ||||||
18 | officer to the best of my ability and that I will register
no | ||||||
19 | person nor cause the registration of any person except upon | ||||||
20 | his personal
application before me.
| ||||||
21 | ....................................
| ||||||
22 | (Signature of Registration Officer)"
| ||||||
23 | This oath shall be administered and certified to by one of | ||||||
24 | the commissioners
or by the executive director or by some | ||||||
25 | person designated by the board of
election commissioners, and | ||||||
26 | shall immediately thereafter be filed with the
board of |
| |||||||
| |||||||
1 | election commissioners. The members of the board of election
| ||||||
2 | commissioners and all persons authorized by them under the | ||||||
3 | provisions of
this Article to take registrations, after | ||||||
4 | themselves taking and subscribing
to the above oath, are | ||||||
5 | authorized to take or administer such oaths and
execute such | ||||||
6 | affidavits as are required by this Article.
| ||||||
7 | Appointments of deputy registrars under this Section, | ||||||
8 | except precinct committeepersons, shall be for 2-year terms, | ||||||
9 | commencing on December 1 following
the general election of | ||||||
10 | each even-numbered year, except that the terms of
the initial | ||||||
11 | appointments shall be until December 1st following the next
| ||||||
12 | general election. Appointments of precinct committeepersons | ||||||
13 | shall be for 2-year
terms commencing on the date of the county | ||||||
14 | convention following the general
primary at which they were | ||||||
15 | elected. The county clerk shall issue a
certificate of | ||||||
16 | appointment to each deputy registrar, and shall maintain in
| ||||||
17 | his office for public inspection a list of the names of all | ||||||
18 | appointees.
| ||||||
19 | (b) The board of election commissioners shall be | ||||||
20 | responsible for training
all deputy registrars appointed | ||||||
21 | pursuant to subsection (a), at times and
locations reasonably | ||||||
22 | convenient for both the board of election commissioners
and | ||||||
23 | such appointees. The board of election commissioners shall be | ||||||
24 | responsible
for certifying and supervising all deputy | ||||||
25 | registrars appointed pursuant
to subsection (a). Deputy | ||||||
26 | registrars appointed under subsection (a) shall
be subject to |
| |||||||
| |||||||
1 | removal for cause.
| ||||||
2 | (c)
Completed registration materials under the control of | ||||||
3 | deputy
registrars appointed pursuant to subsection (a) shall | ||||||
4 | be returned to the
appointing election authority by | ||||||
5 | first-class mail within 2 business days or personal delivery | ||||||
6 | within 7 days, except that completed registration
materials | ||||||
7 | received by the deputy registrars during the period between | ||||||
8 | the
35th and 28th day preceding an election shall be returned | ||||||
9 | by the
deputy
registrars to the appointing election authority | ||||||
10 | within 48 hours after receipt
thereof. The completed | ||||||
11 | registration materials received by the deputy
registrars on | ||||||
12 | the 28th day preceding an election shall be returned
by the
| ||||||
13 | deputy registrars within 24 hours after receipt thereof. | ||||||
14 | Unused materials
shall be returned by deputy registrars | ||||||
15 | appointed pursuant to paragraph 4 of
subsection (a), not later | ||||||
16 | than the next working day following the close of
registration.
| ||||||
17 | (d) The county clerk or board of election commissioners, | ||||||
18 | as the case may
be, must provide any additional forms | ||||||
19 | requested by any deputy registrar
regardless of the number of | ||||||
20 | unaccounted registration forms the deputy registrar
may have | ||||||
21 | in his or her possession.
| ||||||
22 | (e) No deputy registrar shall engage in any electioneering | ||||||
23 | or the promotion
of any cause during the performance of his or | ||||||
24 | her duties.
| ||||||
25 | (f) The board of election commissioners shall not be | ||||||
26 | criminally or
civilly liable for the acts or omissions of any |
| |||||||
| |||||||
1 | deputy registrar. Such
deputy registrars shall not be deemed | ||||||
2 | to be employees of the board of
election commissioners.
| ||||||
3 | (g) Completed registration materials returned by deputy | ||||||
4 | registrars for persons residing outside the election | ||||||
5 | jurisdiction shall be transmitted by the board of election | ||||||
6 | commissioners within 2 days after receipt to the election | ||||||
7 | authority of the person's election jurisdiction of residence.
| ||||||
8 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
9 | (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
| ||||||
10 | Sec. 6A-3. Commissioners; filling vacancies. | ||||||
11 | (a) If the county board adopts an ordinance providing for | ||||||
12 | the
establishment of a county board of election commissioners, | ||||||
13 | or if a
majority of the votes cast on a proposition submitted | ||||||
14 | in accordance with
Section 6A-2(a) are in favor of a county | ||||||
15 | board of election commissioners, a
county board of election | ||||||
16 | commissioners shall be appointed in the same
manner as is | ||||||
17 | provided in Article 6 for boards of election commissioners
in | ||||||
18 | cities, villages and incorporated towns, except that the | ||||||
19 | county board of
election commissioners shall be appointed by | ||||||
20 | the chair of the county board
rather than the circuit court. | ||||||
21 | However, before any
appointments are made, the appointing | ||||||
22 | authority shall ascertain whether
the county clerk desires to | ||||||
23 | be a member of the county board of election
commissioners. If | ||||||
24 | the county clerk so
desires, he shall be one of the
members of | ||||||
25 | the county board of election commissioners, and the
appointing |
| |||||||
| |||||||
1 | authority shall appoint only 2 other members.
| ||||||
2 | (b) For any county board of election commissioners | ||||||
3 | established under subsection (b) of Section 6A-1, within 30 | ||||||
4 | days after July 29, 2013 ( the effective date of Public Act | ||||||
5 | 98-115) this amendatory Act of the 98th General Assembly , the | ||||||
6 | chief judge of the circuit court of the county shall appoint 5 | ||||||
7 | commissioners. At least 4 of those commissioners shall be | ||||||
8 | selected from the 2 major established political parties of the | ||||||
9 | State, with at least 2 from each of those parties. Such | ||||||
10 | appointment shall be entered of record in the office of the | ||||||
11 | County Clerk and the State Board of Elections. Those first | ||||||
12 | appointed shall hold their offices for the period of one, 2, | ||||||
13 | and 3 years respectively, and the judge appointing them shall | ||||||
14 | designate the term for which each commissioner shall hold his | ||||||
15 | or her office, whether for one, 2 or 3 years except that no | ||||||
16 | more than one commissioner from each major established | ||||||
17 | political party may be designated the same term. After the | ||||||
18 | initial term, each commissioner or his or her successor shall | ||||||
19 | be appointed to a 3-year 3 year term. No elected official or | ||||||
20 | former elected official who has been out of elected office for | ||||||
21 | less than 2 years may be appointed to the board. Vacancies | ||||||
22 | shall be filled by the chief judge of the circuit court within | ||||||
23 | 30 days of the vacancy in a manner that maintains the foregoing | ||||||
24 | political party representation. | ||||||
25 | (c) For any county board of election commissioners | ||||||
26 | established under subsection (c) of Section 6A-1, within 30 |
| |||||||
| |||||||
1 | days after the conclusion of the election at which the | ||||||
2 | proposition to establish a county board of election | ||||||
3 | commissioners is approved by the voters, the municipal board | ||||||
4 | shall apply to the circuit court of the county for the chief | ||||||
5 | judge of the circuit court to appoint 2 additional | ||||||
6 | commissioners, one of whom shall be from each major | ||||||
7 | established political party and neither of whom shall reside | ||||||
8 | within the limits of the municipal board, so that 3 | ||||||
9 | commissioners shall reside within the limits of the municipal | ||||||
10 | board and 2 shall reside within the county but not within the | ||||||
11 | municipality, as it may exist from time to time. Not more than | ||||||
12 | 3 of the commissioners shall be members of the same major | ||||||
13 | established political party. Vacancies shall be filled by the | ||||||
14 | chief judge of the circuit court upon application of the | ||||||
15 | remaining commissioners in a manner that maintains the | ||||||
16 | foregoing geographical and political party representation. | ||||||
17 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
18 | (10 ILCS 5/9-15) (from Ch. 46, par. 9-15) | ||||||
19 | Sec. 9-15. It shall be the duty of the Board : - | ||||||
20 | (1) to develop prescribed forms for filing statements | ||||||
21 | of organization and required reports; | ||||||
22 | (2) to prepare, publish, and furnish to the | ||||||
23 | appropriate persons a manual of instructions setting forth | ||||||
24 | recommended
uniform methods of bookkeeping and reporting | ||||||
25 | under this Article; |
| |||||||
| |||||||
1 | (3) to prescribe suitable rules and regulations to | ||||||
2 | carry out the
provisions of this Article. Such rules and | ||||||
3 | regulations shall be published
and made available to the | ||||||
4 | public; | ||||||
5 | (4) to send by first class mail, after the general | ||||||
6 | primary election in
even numbered years, to the chair of | ||||||
7 | each regularly constituted
State central committee, county | ||||||
8 | central committee and, in counties with a
population of | ||||||
9 | more than 3,000,000, to the committeepersons of each | ||||||
10 | township and
ward organization of each political party | ||||||
11 | notice of their obligations under
this Article, along with | ||||||
12 | a form for filing the statement of organization; | ||||||
13 | (5) to promptly make all reports and statements filed | ||||||
14 | under this Article available for public inspection and | ||||||
15 | copying no later than 2 business days after their receipt | ||||||
16 | and to permit copying of any such report or statement at | ||||||
17 | the expense of the person requesting the copy; | ||||||
18 | (6) to develop a filing, coding, and cross-indexing | ||||||
19 | system consistent with the purposes of this Article; | ||||||
20 | (7) to compile and maintain a list of all statements | ||||||
21 | or parts of statements pertaining to each candidate; | ||||||
22 | (8) to prepare and publish such reports as the Board | ||||||
23 | may deem appropriate; | ||||||
24 | (9) to annually notify each political committee that | ||||||
25 | has filed a statement of organization with the Board of | ||||||
26 | the filing dates for each quarterly report, provided that |
| |||||||
| |||||||
1 | such notification shall be made by first-class mail unless | ||||||
2 | the political committee opts to receive notification | ||||||
3 | electronically via email; and | ||||||
4 | (10) to promptly send, by first class mail directed | ||||||
5 | only to the officers of a political committee, and by | ||||||
6 | certified mail to the address of the political committee, | ||||||
7 | written notice of any fine or penalty assessed or imposed | ||||||
8 | against the political committee under this Article. | ||||||
9 | (Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
| ||||||
10 | Section 65. The Illinois Identification Card Act is | ||||||
11 | amended by changing Sections 5 and 17 as follows:
| ||||||
12 | (15 ILCS 335/5) (from Ch. 124, par. 25)
| ||||||
13 | Sec. 5. Applications. | ||||||
14 | (a) Any natural person who is a resident of the
State of | ||||||
15 | Illinois may file an application for an identification card, | ||||||
16 | or for
the renewal thereof, in a manner prescribed by the | ||||||
17 | Secretary. Each original application
shall be completed by the | ||||||
18 | applicant in full and shall set forth the legal
name,
| ||||||
19 | residence address and zip code, social security number, birth | ||||||
20 | date, sex and
a brief
description of the applicant. The | ||||||
21 | applicant shall be photographed, unless the Secretary of State | ||||||
22 | has provided by rule for the issuance of identification cards | ||||||
23 | without photographs and the applicant is deemed eligible for | ||||||
24 | an identification card without a photograph under the terms |
| |||||||
| |||||||
1 | and conditions imposed by the Secretary of State, and he
or she | ||||||
2 | shall also submit any other information as the Secretary may | ||||||
3 | deem necessary
or such documentation as the Secretary may | ||||||
4 | require to determine the
identity of the applicant. In | ||||||
5 | addition to the residence address, the Secretary may allow the | ||||||
6 | applicant to provide a mailing address. If the applicant is a | ||||||
7 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
8 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
9 | his or her office or work address in lieu of the applicant's | ||||||
10 | residence or mailing address. An applicant for an Illinois | ||||||
11 | Person with a Disability Identification Card must
also submit | ||||||
12 | with each original or renewal application, on forms prescribed
| ||||||
13 | by the Secretary, such documentation as the Secretary may | ||||||
14 | require,
establishing that the applicant is a "person with a | ||||||
15 | disability" as defined in
Section 4A of this Act, and setting | ||||||
16 | forth the applicant's type and class of
disability as set | ||||||
17 | forth in Section 4A of this Act.
For the purposes of this | ||||||
18 | subsection (a), "peace officer" means any person who by virtue | ||||||
19 | of his or her office or public employment is vested by law with | ||||||
20 | a duty to maintain public order or to make arrests for a | ||||||
21 | violation of any penal statute of this State, whether that | ||||||
22 | duty extends to all violations or is limited to specific | ||||||
23 | violations.
| ||||||
24 | (a-5) Upon the first issuance of a request for proposals | ||||||
25 | for a digital driver's license and identification card | ||||||
26 | issuance and facial recognition system issued after January 1, |
| |||||||
| |||||||
1 | 2020 ( the effective date of Public Act 101-513) this | ||||||
2 | amendatory Act of the 101st General Assembly , and upon | ||||||
3 | implementation of a new or revised system procured pursuant to | ||||||
4 | that request for proposals, the Secretary shall permit | ||||||
5 | applicants to choose between "male", "female", or "non-binary" | ||||||
6 | when designating the applicant's sex on the identification | ||||||
7 | card application form. The sex designated by the applicant | ||||||
8 | shall be displayed on the identification card issued to the | ||||||
9 | applicant. | ||||||
10 | (b) Beginning on or before July 1, 2015, for each original | ||||||
11 | or renewal identification card application under this Act, the | ||||||
12 | Secretary shall inquire as to whether the applicant is a | ||||||
13 | veteran for purposes of issuing an identification card with a | ||||||
14 | veteran designation under subsection (c-5) of Section 4 of | ||||||
15 | this Act. The acceptable forms of proof shall include, but are | ||||||
16 | not limited to, Department of Defense form DD-214, Department | ||||||
17 | of Defense form DD-256 for applicants who did not receive a | ||||||
18 | form DD-214 upon the completion of initial basic training, | ||||||
19 | Department of Defense form DD-2 (Retired), an identification | ||||||
20 | card issued under the federal Veterans Identification Card Act | ||||||
21 | of 2015, or a United States Department of Veterans Affairs | ||||||
22 | summary of benefits letter. If the document cannot be stamped, | ||||||
23 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
24 | certificate to the veteran to provide to the Secretary of | ||||||
25 | State. The Illinois Department of Veterans' Affairs shall | ||||||
26 | advise the Secretary as to what other forms of proof of a |
| |||||||
| |||||||
1 | person's status as a veteran are acceptable. | ||||||
2 | For each applicant who is issued an identification card | ||||||
3 | with a veteran designation, the Secretary shall provide the | ||||||
4 | Department of Veterans' Affairs with the applicant's name, | ||||||
5 | address, date of birth, gender, and such other demographic | ||||||
6 | information as agreed to by the Secretary and the Department. | ||||||
7 | The Department may take steps necessary to confirm the | ||||||
8 | applicant is a veteran. If after due diligence, including | ||||||
9 | writing to the applicant at the address provided by the | ||||||
10 | Secretary, the Department is unable to verify the applicant's | ||||||
11 | veteran status, the Department shall inform the Secretary, who | ||||||
12 | shall notify the applicant that he or she must confirm status | ||||||
13 | as a veteran, or the identification card will be cancelled. | ||||||
14 | For purposes of this subsection (b): | ||||||
15 | "Armed forces" means any of the Armed Forces of the United | ||||||
16 | States, including a member of any reserve component or | ||||||
17 | National Guard unit. | ||||||
18 | "Veteran" means a person who has served in the armed | ||||||
19 | forces and was discharged or separated under honorable | ||||||
20 | conditions. | ||||||
21 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
22 | Identification Cards and Illinois Person with a Disability | ||||||
23 | Identification Cards shall provide proof of lawful status in | ||||||
24 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
25 | Applicants who are unable to provide the Secretary with proof | ||||||
26 | of lawful status are ineligible for REAL ID compliant |
| |||||||
| |||||||
1 | identification cards under this Act. | ||||||
2 | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||||||
3 | 100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff. | ||||||
4 | 8-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
| ||||||
5 | (15 ILCS 335/17) | ||||||
6 | Sec. 17. Invalidation of a standard Illinois | ||||||
7 | Identification Card or an Illinois Person with a Disability | ||||||
8 | Identification Card. (a) The Secretary of State may invalidate | ||||||
9 | a standard Illinois Identification Card or an Illinois Person | ||||||
10 | with a Disability Identification Card: | ||||||
11 | (1) when the holder voluntarily surrenders the | ||||||
12 | standard Illinois Identification Card or Illinois Person | ||||||
13 | with a Disability Identification Card and declares his or | ||||||
14 | her intention to do so in writing; | ||||||
15 | (2) upon the death of the holder; | ||||||
16 | (3) upon the refusal of the holder to correct or | ||||||
17 | update information contained on a standard Illinois | ||||||
18 | Identification Card or an Illinois Person with a | ||||||
19 | Disability Identification Card; and | ||||||
20 | (4) as the Secretary deems appropriate by | ||||||
21 | administrative rule.
| ||||||
22 | (Source: P.A. 101-185, eff. 1-1-20; revised 9-12-19.)
| ||||||
23 | Section 70. The State Comptroller Act is amended by | ||||||
24 | changing Sections 20 and 23.11 as follows:
|
| |||||||
| |||||||
1 | (15 ILCS 405/20) (from Ch. 15, par. 220)
| ||||||
2 | Sec. 20. Annual report. The Comptroller shall annually, as | ||||||
3 | soon as possible after the close
of the fiscal year but no | ||||||
4 | later than December 31, make available on the Comptroller's | ||||||
5 | website a report, showing the amount of
warrants drawn on the | ||||||
6 | treasury, on other funds held by the State
Treasurer and on any | ||||||
7 | public funds held by State agencies, during the
preceding | ||||||
8 | fiscal year, and stating, particularly, on what account they
| ||||||
9 | were drawn, and if drawn on the contingent fund, to whom and | ||||||
10 | for what
they were issued. He or she shall, also, at the same | ||||||
11 | time, report the amount of money received into
the treasury, | ||||||
12 | into other funds held by the State Treasurer and into any
other | ||||||
13 | funds held by State agencies during the preceding fiscal year, | ||||||
14 | and
also a general account of all the business of his office | ||||||
15 | during the
preceding fiscal year. The report shall also | ||||||
16 | summarize for the previous
fiscal year the information | ||||||
17 | required under Section 19.
| ||||||
18 | Within 60 days after the expiration of each calendar year, | ||||||
19 | the Comptroller
shall compile, from records maintained and | ||||||
20 | available in his
office, a list of all persons including those | ||||||
21 | employed in the Office of the Comptroller, who have been | ||||||
22 | employed by the State during the past
calendar year and paid | ||||||
23 | from funds in the hands of the State Treasurer.
| ||||||
24 | The list shall state in
alphabetical order the name of | ||||||
25 | each employee, the county in which he or she resides, the |
| |||||||
| |||||||
1 | position, and the
total salary paid to him or her during
the | ||||||
2 | past calendar year, rounded to the nearest hundred dollars | ||||||
3 | dollar . The list so compiled and
arranged shall be kept
on file | ||||||
4 | in the office of the Comptroller and be open to inspection by
| ||||||
5 | the public at all times.
| ||||||
6 | No person who utilizes the names obtained from this list | ||||||
7 | for solicitation
shall represent that such solicitation is | ||||||
8 | authorized by any officer or agency
of the State of Illinois. | ||||||
9 | Violation of this provision is a business offense
punishable | ||||||
10 | by a fine not to exceed $3,000.
| ||||||
11 | (Source: P.A. 100-253, eff. 1-1-18; 101-34, eff. 6-28-19; | ||||||
12 | 101-620, eff. 12-20-19; revised 1-6-20.)
| ||||||
13 | (15 ILCS 405/23.11) | ||||||
14 | Sec. 23.11. Illinois Bank On Initiative; Commission. | ||||||
15 | (a) The Illinois Bank On Initiative is created to increase | ||||||
16 | the use of Certified Financial Products and reduce reliance on | ||||||
17 | alternative financial products. | ||||||
18 | (b) The Illinois Bank On Initiative shall be administered | ||||||
19 | by the Comptroller, and he or she shall be responsible for | ||||||
20 | ongoing activities of the Initiative, including, but not | ||||||
21 | limited to, the following: | ||||||
22 | (1) authorizing financial products as Certified | ||||||
23 | Financial Products; | ||||||
24 | (2) maintaining on the Comptroller's website a list of | ||||||
25 | Certified Financial Products and associated financial |
| |||||||
| |||||||
1 | institutions; | ||||||
2 | (3) maintaining on the Comptroller's website the | ||||||
3 | minimum requirements of Certified Financial Products; and | ||||||
4 | (4) implementing an outreach strategy to facilitate | ||||||
5 | access to Certified Financial Products. | ||||||
6 | (c) The Illinois Bank On Initiative Commission is created, | ||||||
7 | and shall be chaired by the Comptroller, or his or her | ||||||
8 | designee, and consist of the following members appointed by | ||||||
9 | the Comptroller: (1) 4 local elected officials from | ||||||
10 | geographically diverse regions in this State, at least 2 of | ||||||
11 | whom represent all or part of a census tract with a median | ||||||
12 | household income of less than 150% of the federal poverty | ||||||
13 | level; (2) 3 members representing financial institutions, one | ||||||
14 | of whom represents a statewide banking association exclusively | ||||||
15 | representing banks with assets below $20,000,000,000, one of | ||||||
16 | whom represents a statewide banking association representing | ||||||
17 | banks of all asset sizes, and one of whom represents a | ||||||
18 | statewide association representing credit unions; (3) 4 | ||||||
19 | members representing community and social service groups; and | ||||||
20 | (4) 2 federal or State financial regulators. | ||||||
21 | Members of the Commission shall serve 4-year 4 year terms. | ||||||
22 | The Commission shall serve the Comptroller in an advisory | ||||||
23 | capacity, and shall be responsible for advising the | ||||||
24 | Comptroller regarding the implementation and promotion of the | ||||||
25 | Illinois Bank On Initiative, but may at any time, by request of | ||||||
26 | the Comptroller or on its own initiative, submit to the |
| |||||||
| |||||||
1 | Comptroller any recommendations concerning the operation of | ||||||
2 | any participating financial institutions, outreach efforts, or | ||||||
3 | other business coming before the Commission. Members of the | ||||||
4 | Commission shall serve without compensation, but shall be | ||||||
5 | reimbursed for reasonable travel and mileage costs. | ||||||
6 | (d) Beginning in October 2020, and for each year | ||||||
7 | thereafter, the Comptroller and the Commission shall annually | ||||||
8 | prepare and make available on the Comptroller's website a | ||||||
9 | report concerning the progress of the Illinois Bank On | ||||||
10 | Initiative. | ||||||
11 | (e) The Comptroller may adopt rules necessary to implement | ||||||
12 | this Section. | ||||||
13 | (f) For the purposes of this Section: | ||||||
14 | "Certified Financial Product" means a financial product | ||||||
15 | offered by a financial institution that meets minimum | ||||||
16 | requirements as established by the Comptroller. | ||||||
17 | "Financial institution" means a bank, savings bank, or | ||||||
18 | credit union chartered or organized under the laws of the | ||||||
19 | State of Illinois, another state, or the United States of | ||||||
20 | America that is: | ||||||
21 | (1) adequately capitalized as determined by its | ||||||
22 | prudential regulator; and | ||||||
23 | (2) insured by the Federal Deposit Insurance | ||||||
24 | Corporation, National Credit Union Administration, or | ||||||
25 | other approved insurer.
| ||||||
26 | (Source: P.A. 101-427, eff. 8-19-19; revised 11-21-19.)
|
| |||||||
| |||||||
1 | Section 75. The State Treasurer Act is amended by changing | ||||||
2 | Sections 16.8 and 35 as follows:
| ||||||
3 | (15 ILCS 505/16.8) | ||||||
4 | Sec. 16.8. Illinois Higher Education Savings Program. | ||||||
5 | (a) Definitions. As used in this Section: | ||||||
6 | "Beneficiary" means an eligible child named as a recipient | ||||||
7 | of seed funds. | ||||||
8 | "College savings account" means a 529 plan account | ||||||
9 | established under Section 16.5. | ||||||
10 | "Eligible child" means a child born or adopted after | ||||||
11 | December 31, 2020, to a parent who is a resident of Illinois at | ||||||
12 | the time of the birth or adoption, as evidenced by | ||||||
13 | documentation received by the Treasurer from the Department of | ||||||
14 | Revenue, the Department of Public Health, or another State or | ||||||
15 | local government agency. | ||||||
16 | "Eligible educational institution" means institutions that | ||||||
17 | are described in Section 1001 of the federal Higher Education | ||||||
18 | Act of 1965 that are eligible to participate in Department of | ||||||
19 | Education student aid programs. | ||||||
20 | "Fund" means the Illinois Higher Education Savings Program | ||||||
21 | Fund. | ||||||
22 | "Omnibus account" means the pooled collection of seed | ||||||
23 | funds owned and managed by the State Treasurer under this Act. | ||||||
24 | "Program" means the Illinois Higher Education Savings |
| |||||||
| |||||||
1 | Program. | ||||||
2 | "Qualified higher education expense" means the following: | ||||||
3 | (i) tuition, fees, and the costs of books, supplies, and | ||||||
4 | equipment required for enrollment or attendance at an eligible | ||||||
5 | educational institution; (ii) expenses for special needs | ||||||
6 | services, in the case of a special needs beneficiary, which | ||||||
7 | are incurred in connection with such enrollment or attendance; | ||||||
8 | (iii) certain expenses for the purchase of computer or | ||||||
9 | peripheral equipment, computer software, or Internet access | ||||||
10 | and related services as defined under Section 529 of the | ||||||
11 | Internal Revenue Code; and (iv) room and board expenses | ||||||
12 | incurred while attending an eligible educational institution | ||||||
13 | at least half-time. | ||||||
14 | "Seed funds" means the deposit made by the State Treasurer | ||||||
15 | into the Omnibus Accounts for Program beneficiaries. | ||||||
16 | (b) Program established. The State Treasurer shall | ||||||
17 | establish the Illinois Higher Education Savings Program | ||||||
18 | provided that sufficient funds are available. The State | ||||||
19 | Treasurer shall administer the Program for the purposes of | ||||||
20 | expanding access to higher education through savings. | ||||||
21 | (c) Program enrollment. The State Treasurer shall enroll | ||||||
22 | all eligible children in the Program beginning in 2021, after | ||||||
23 | receiving records of recent births, adoptions, or dependents | ||||||
24 | from the Department of Revenue, the Department of Public | ||||||
25 | Health, or another State or local government agency designated | ||||||
26 | by the Treasurer. Notwithstanding any court order which would |
| |||||||
| |||||||
1 | otherwise prevent the release of information, the Department | ||||||
2 | of Public Health is authorized to release the information | ||||||
3 | specified under this subsection (c) to the State Treasurer for | ||||||
4 | the purposes of the Program established under this Section. | ||||||
5 | (1) On and after the effective date of this amendatory | ||||||
6 | Act of the 101st General Assembly, the Department of | ||||||
7 | Revenue and the Department of Public Health shall provide | ||||||
8 | the State Treasurer with information on recent Illinois | ||||||
9 | births, adoptions and dependents including, but not | ||||||
10 | limited to: the full name, residential address, and birth | ||||||
11 | date of the child and the child's parent or legal guardian | ||||||
12 | for the purpose of enrolling eligible children in the | ||||||
13 | Program. This data shall be provided to the State | ||||||
14 | Treasurer by the Department of Revenue and the Department | ||||||
15 | of Public Health on a quarterly basis, no later than 30 | ||||||
16 | days after the end of each quarter. | ||||||
17 | (2) The State Treasurer shall ensure the security and | ||||||
18 | confidentiality of the information provided by the | ||||||
19 | Department of Revenue, the Department of Public Health, or | ||||||
20 | another State or local government agency, and it shall not | ||||||
21 | be subject to release under the Freedom of Information | ||||||
22 | Act. | ||||||
23 | (3) Information provided under this Section shall only | ||||||
24 | be used by the State Treasurer for the Program and shall | ||||||
25 | not be used for any other purpose. | ||||||
26 | (4) The State Treasurer and any vendors working on the |
| |||||||
| |||||||
1 | Program shall maintain strict confidentiality of any | ||||||
2 | information provided under this Section, and shall | ||||||
3 | promptly provide written or electronic notice to the | ||||||
4 | providing agency of any security breach. The providing | ||||||
5 | State or local government agency shall remain the sole and | ||||||
6 | exclusive owner of information provided under this | ||||||
7 | Section. | ||||||
8 | (d) Seed funds. After receiving information on recent | ||||||
9 | births, adoptions, or dependents from the Department of | ||||||
10 | Revenue, the Department of Public Health, or another State or | ||||||
11 | local government agency, the State Treasurer shall make a | ||||||
12 | deposit into an omnibus account of the Fund on behalf of each | ||||||
13 | eligible child. The State Treasurer shall be the owner of the | ||||||
14 | omnibus accounts. The deposit of seed funds shall be subject | ||||||
15 | to appropriation by the General Assembly. | ||||||
16 | (1) Deposit amount. The seed fund deposit for each | ||||||
17 | eligible child shall be in the amount of $50. This amount | ||||||
18 | may be increased by the State Treasurer by rule. The State | ||||||
19 | Treasurer may use or deposit funds appropriated by the | ||||||
20 | General Assembly together with moneys received as gifts, | ||||||
21 | grants, or contributions into the Fund. If insufficient | ||||||
22 | funds are available in the Fund, the State Treasurer may | ||||||
23 | reduce the deposit amount or forego deposits. | ||||||
24 | (2) Use of seed funds. Seed funds, including any | ||||||
25 | interest, dividends, and other earnings accrued, will be | ||||||
26 | eligible for use by a beneficiary for qualified higher |
| |||||||
| |||||||
1 | education expenses if: | ||||||
2 | (A) the parent or guardian of the eligible child | ||||||
3 | claimed the seed funds for the beneficiary by the | ||||||
4 | beneficiary's 10th birthday; | ||||||
5 | (B) the beneficiary has completed secondary | ||||||
6 | education or has reached the age of 18; and | ||||||
7 | (C) the beneficiary is currently a resident of the | ||||||
8 | State of Illinois. Non-residents are not eligible to | ||||||
9 | claim or use seed funds. | ||||||
10 | (3) Notice of seed fund availability. The State | ||||||
11 | Treasurer shall make a good faith effort to notify | ||||||
12 | beneficiaries and their parents or legal guardians of the | ||||||
13 | seed funds' availability and the deadline to claim such | ||||||
14 | funds. | ||||||
15 | (4) Unclaimed seed funds. Seed funds that are | ||||||
16 | unclaimed by the beneficiary's 10th birthday or unused by | ||||||
17 | the beneficiary's 26th birthday will be considered | ||||||
18 | forfeited. Unclaimed and unused seed funds will remain in | ||||||
19 | the omnibus account for future beneficiaries. | ||||||
20 | (e) Financial education. The State Treasurer may develop | ||||||
21 | educational materials that support the financial literacy of | ||||||
22 | beneficiaries and their legal guardians, and may do so in | ||||||
23 | collaboration with State and federal agencies, including, but | ||||||
24 | not limited to, the Illinois State Board of Education and | ||||||
25 | existing nonprofit agencies with expertise in financial | ||||||
26 | literacy and education. |
| |||||||
| |||||||
1 | (f) Incentives and partnerships. The State Treasurer may | ||||||
2 | develop partnerships with private, nonprofit, or governmental | ||||||
3 | organizations to provide additional incentives for eligible | ||||||
4 | children, including conditional cash transfers or matching | ||||||
5 | contributions that provide a savings incentive based on | ||||||
6 | specific actions taken or other criteria. | ||||||
7 | (g) Illinois Higher Education Savings Program Fund. The | ||||||
8 | Illinois Higher Education Savings Program Fund is hereby | ||||||
9 | established. The Fund shall be the official repository of all | ||||||
10 | contributions, appropriations, interest, and dividend | ||||||
11 | payments, gifts, or other financial assets received by the | ||||||
12 | State Treasurer in connection with the operation of the | ||||||
13 | Program or related partnerships. All such moneys shall be | ||||||
14 | deposited in the Fund and held by the State Treasurer as | ||||||
15 | custodian thereof, outside of the State treasury, separate and | ||||||
16 | apart from all public moneys or funds of this State. The State | ||||||
17 | Treasurer may accept gifts, grants, awards, matching | ||||||
18 | contributions, interest income, and appropriations from | ||||||
19 | individuals, businesses, governments, and other third-party | ||||||
20 | sources to implement the Program on terms that the Treasurer | ||||||
21 | deems advisable. All interest or other earnings accruing or | ||||||
22 | received on amounts in the Illinois Higher Education Savings | ||||||
23 | Program Fund shall be credited to and retained by the Fund and | ||||||
24 | used for the benefit of the Program. Assets of the Fund must at | ||||||
25 | all times be preserved, invested, and expended only for the | ||||||
26 | purposes of the Program and must be held for the benefit of the |
| |||||||
| |||||||
1 | beneficiaries. Assets may not be transferred or used by the | ||||||
2 | State or the State Treasurer for any purposes other than the | ||||||
3 | purposes of the Program. In addition, no moneys, interest, or | ||||||
4 | other earnings paid into the Fund shall be used, temporarily | ||||||
5 | or otherwise, for inter-fund borrowing or be otherwise used or | ||||||
6 | appropriated except as expressly authorized by this Act. | ||||||
7 | Notwithstanding the requirements of this subsection (f), | ||||||
8 | amounts in the Fund may be used by the State Treasurer to pay | ||||||
9 | the administrative costs of the Program. | ||||||
10 | (h) Audits and reports. The State Treasurer shall include | ||||||
11 | the Illinois Higher Education Savings Program as part of the | ||||||
12 | audit of the College Savings Pool described in Section 16.5. | ||||||
13 | The State Treasurer shall annually prepare a report that | ||||||
14 | includes a summary of the Program operations for the preceding | ||||||
15 | fiscal year, including the number of children enrolled in the | ||||||
16 | Program, the total amount of seed fund deposits, and such | ||||||
17 | other information that is relevant to make a full disclosure | ||||||
18 | of the operations of the Program and Fund. The report shall be | ||||||
19 | made available on the Treasurer's website by January 31 each | ||||||
20 | year, starting in January of 2022. The State Treasurer may | ||||||
21 | include the Program in other reports as warranted. | ||||||
22 | (i) Rules. The State Treasurer may adopt rules necessary | ||||||
23 | to implement this Section.
| ||||||
24 | (Source: P.A. 101-466, eff. 1-1-20; revised 11-21-19.)
| ||||||
25 | (15 ILCS 505/35) |
| |||||||
| |||||||
1 | Sec. 35. State Treasurer may purchase real property. | ||||||
2 | (a) Subject to the provisions of the Public Contract Fraud | ||||||
3 | Act , the State Treasurer, on behalf of the State of Illinois, | ||||||
4 | is authorized during State fiscal years 2019 and 2020 to | ||||||
5 | acquire real property located in the City of Springfield, | ||||||
6 | Illinois which the State Treasurer deems necessary to properly | ||||||
7 | carry out the powers and duties vested in him or her. Real | ||||||
8 | property acquired under this Section may be acquired subject | ||||||
9 | to any third party interests in the property that do not | ||||||
10 | prevent the State Treasurer from exercising the intended | ||||||
11 | beneficial use of such property. | ||||||
12 | (b) Subject to the provisions of the Treasurer's | ||||||
13 | Procurement Rules, which shall be substantially in accordance | ||||||
14 | with the requirements of the Illinois Procurement Code, the | ||||||
15 | State Treasurer may: | ||||||
16 | (1) enter into contracts relating to construction, | ||||||
17 | reconstruction or renovation projects for any such | ||||||
18 | buildings or lands acquired pursuant to subsection | ||||||
19 | paragraph (a); and | ||||||
20 | (2) equip, lease, operate and maintain those grounds, | ||||||
21 | buildings and facilities as may be appropriate to carry | ||||||
22 | out his or her statutory purposes and duties. | ||||||
23 | (c) The State Treasurer may enter into agreements with any | ||||||
24 | person with respect to the use and occupancy of the grounds, | ||||||
25 | buildings, and facilities of the State Treasurer, including | ||||||
26 | concession, license, and lease agreements on terms and |
| |||||||
| |||||||
1 | conditions as the State Treasurer determines and in accordance | ||||||
2 | with the procurement processes for the Office of the State | ||||||
3 | Treasurer, which shall be substantially in accordance with the | ||||||
4 | requirements of the Illinois Procurement Code. | ||||||
5 | (d) The exercise of the authority vested in the Treasurer | ||||||
6 | by this Section is subject to the appropriation of the | ||||||
7 | necessary funds.
| ||||||
8 | (Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.)
| ||||||
9 | Section 80. The Deposit of State Moneys Act is amended by | ||||||
10 | changing Sections 10, 16, and 22.5 as follows:
| ||||||
11 | (15 ILCS 520/10) (from Ch. 130, par. 29)
| ||||||
12 | Sec. 10.
The State Treasurer may enter into an agreement | ||||||
13 | in conformity
with this Act with any bank or savings and loan | ||||||
14 | association
relating to
the deposit of securities. Such | ||||||
15 | agreement may authorize the holding
by such bank or savings | ||||||
16 | and loan association of such securities in custody
and | ||||||
17 | safekeeping solely under the instructions of the State | ||||||
18 | Treasurer either
(a) in the office of such bank or savings and | ||||||
19 | loan
association, or under the custody and safekeeping of | ||||||
20 | another bank or
savings and loan association in this State for | ||||||
21 | the
depository bank or savings and loan association, or (b) in | ||||||
22 | a bank or a depository trust company
in the United States if | ||||||
23 | the securities to be deposited are held in custody and | ||||||
24 | safekeeping for such bank or savings and loan association.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-206, eff. 8-2-19; revised 9-12-19.)
| ||||||
2 | (15 ILCS 520/16) (from Ch. 130, par. 35)
| ||||||
3 | Sec. 16. Daily balance statements. Each bank or savings | ||||||
4 | and loan
association shall on or before the last Monday of each | ||||||
5 | month receive from
the State Treasurer a statement showing | ||||||
6 | separately the daily balances or
amounts of moneys held by it | ||||||
7 | under the provisions of this Act during the
calendar month | ||||||
8 | then next preceding ; and the amounts of accrued interest
| ||||||
9 | thereon . One , one copy of the which statement shall be filed in | ||||||
10 | the office of the
State Treasurer , and the other in the office | ||||||
11 | of the receiving bank or
savings and loan association , . The | ||||||
12 | statement shall contain a certificate
that no other fees, | ||||||
13 | perquisites or emoluments have been paid to or held for
the | ||||||
14 | benefit of any public officer or any other person, or on | ||||||
15 | account of the
deposit of the moneys, and that no contract or | ||||||
16 | agreement of any kind
whatever has been entered into for the | ||||||
17 | payment to any public officer, or
any other person, of any fee , | ||||||
18 | perquisite , or emolument on account of the
deposit of the | ||||||
19 | moneys. The statement to be filed in the office of the
| ||||||
20 | receiving bank or savings and loan association shall be | ||||||
21 | verified by the oath
of the cashier or of an assistant cashier | ||||||
22 | of the bank or savings and loan
association.
| ||||||
23 | (Source: P.A. 87-510; revised 8-18-20.)
| ||||||
24 | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
|
| |||||||
| |||||||
1 | (For force and effect of certain provisions, see Section | ||||||
2 | 90 of P.A. 94-79) | ||||||
3 | Sec. 22.5. Permitted investments. The State Treasurer may, | ||||||
4 | with the
approval of the Governor, invest and reinvest any | ||||||
5 | State money in the treasury
which is not needed for current | ||||||
6 | expenditures due or about to become due, in
obligations of the | ||||||
7 | United States government or its agencies or of National
| ||||||
8 | Mortgage Associations established by or under the National | ||||||
9 | Housing Act, 12
U.S.C. 1701 et seq., or
in mortgage | ||||||
10 | participation certificates representing undivided interests in
| ||||||
11 | specified, first-lien conventional residential Illinois | ||||||
12 | mortgages that are
underwritten, insured, guaranteed, or | ||||||
13 | purchased by the Federal Home Loan
Mortgage Corporation or in | ||||||
14 | Affordable Housing Program Trust Fund Bonds or
Notes as | ||||||
15 | defined in and issued pursuant to the Illinois Housing | ||||||
16 | Development
Act. All such obligations shall be considered as | ||||||
17 | cash and may
be delivered over as cash by a State Treasurer to | ||||||
18 | his successor.
| ||||||
19 | The State Treasurer may, with the approval of the | ||||||
20 | Governor, purchase
any state bonds with any money in the State | ||||||
21 | Treasury that has been set
aside and held for the payment of | ||||||
22 | the principal of and interest on the
bonds. The bonds shall be | ||||||
23 | considered as cash and may be delivered over
as cash by the | ||||||
24 | State Treasurer to his successor.
| ||||||
25 | The State Treasurer may, with the approval of the | ||||||
26 | Governor, invest or
reinvest any State money in the treasury |
| |||||||
| |||||||
1 | that is not needed for
current expenditure due or about to | ||||||
2 | become due, or any money in the
State Treasury that has been | ||||||
3 | set aside and held for the payment of the
principal of and the | ||||||
4 | interest on any State bonds, in shares,
withdrawable accounts, | ||||||
5 | and investment certificates of savings and
building and loan | ||||||
6 | associations, incorporated under the laws of this
State or any | ||||||
7 | other state or under the laws of the United States;
provided, | ||||||
8 | however, that investments may be made only in those savings
| ||||||
9 | and loan or building and loan associations the shares and | ||||||
10 | withdrawable
accounts or other forms of investment securities | ||||||
11 | of which are insured
by the Federal Deposit Insurance | ||||||
12 | Corporation.
| ||||||
13 | The State Treasurer may not invest State money in any | ||||||
14 | savings and
loan or building and loan association unless a | ||||||
15 | commitment by the savings
and loan (or building and loan) | ||||||
16 | association, executed by the president
or chief executive | ||||||
17 | officer of that association, is submitted in the
following | ||||||
18 | form:
| ||||||
19 | The .................. Savings and Loan (or Building | ||||||
20 | and Loan)
Association pledges not to reject arbitrarily | ||||||
21 | mortgage loans for
residential properties within any | ||||||
22 | specific part of the community served
by the savings and | ||||||
23 | loan (or building and loan) association because of
the | ||||||
24 | location of the property. The savings and loan (or | ||||||
25 | building and
loan) association also pledges to make loans | ||||||
26 | available on low and
moderate income residential property |
| |||||||
| |||||||
1 | throughout the community within
the limits of its legal | ||||||
2 | restrictions and prudent financial practices.
| ||||||
3 | The State Treasurer may, with the approval of the | ||||||
4 | Governor, invest or
reinvest any State money in the treasury
| ||||||
5 | that is not needed for current expenditures due or about to | ||||||
6 | become
due, or any money in the State Treasury that has been | ||||||
7 | set aside and
held for the payment of the principal of and | ||||||
8 | interest on any State
bonds, in bonds issued by counties or | ||||||
9 | municipal corporations of the
State of Illinois.
| ||||||
10 | The State Treasurer may invest or reinvest up to 5% of the | ||||||
11 | College Savings Pool Administrative Trust Fund, the Illinois | ||||||
12 | Public Treasurer Investment Pool (IPTIP) Administrative Trust | ||||||
13 | Fund, and the State Treasurer's Administrative Fund that is | ||||||
14 | not needed for current expenditures due or about to become | ||||||
15 | due, in common or preferred stocks of publicly traded | ||||||
16 | corporations, partnerships, or limited liability companies, | ||||||
17 | organized in the United States, with assets exceeding | ||||||
18 | $500,000,000 if: (i) the purchases do not exceed 1% of the | ||||||
19 | corporation's or the limited liability company's outstanding | ||||||
20 | common and preferred stock; (ii) no more than 10% of the total | ||||||
21 | funds are invested in any one publicly traded corporation, | ||||||
22 | partnership, or limited liability company; and (iii) the | ||||||
23 | corporation or the limited liability company has not been | ||||||
24 | placed on the list of restricted companies by the Illinois | ||||||
25 | Investment Policy Board under Section 1-110.16 of the Illinois | ||||||
26 | Pension Code. |
| |||||||
| |||||||
1 | The State Treasurer may, with the approval of the | ||||||
2 | Governor, invest or
reinvest any State money in the Treasury | ||||||
3 | which is not needed for current
expenditure, due or about to | ||||||
4 | become due, or any money in the State Treasury
which has been | ||||||
5 | set aside and held for the payment of the principal of and
the | ||||||
6 | interest on any State bonds, in participations in loans, the | ||||||
7 | principal
of which participation is fully guaranteed by an | ||||||
8 | agency or instrumentality
of the United States government; | ||||||
9 | provided, however, that such loan
participations are | ||||||
10 | represented by certificates issued only by banks which
are | ||||||
11 | incorporated under the laws of this State or any other state
or | ||||||
12 | under the laws of the United States, and such banks, but not
| ||||||
13 | the loan participation certificates, are insured by the | ||||||
14 | Federal Deposit
Insurance Corporation.
| ||||||
15 | Whenever the total amount of vouchers presented to the | ||||||
16 | Comptroller under Section 9 of the State Comptroller Act | ||||||
17 | exceeds the funds available in the General Revenue Fund by | ||||||
18 | $1,000,000,000 or more, then the State Treasurer may invest | ||||||
19 | any State money in the Treasury, other than money in the | ||||||
20 | General Revenue Fund, Health Insurance Reserve Fund, Attorney | ||||||
21 | General Court Ordered and Voluntary Compliance Payment | ||||||
22 | Projects Fund, Attorney General Whistleblower Reward and | ||||||
23 | Protection Fund, and Attorney General's State Projects and | ||||||
24 | Court Ordered Distribution Fund, which is not needed for | ||||||
25 | current expenditures, due or about to become due, or any money | ||||||
26 | in the State Treasury which has been set aside and held for the |
| |||||||
| |||||||
1 | payment of the principal of and the interest on any State bonds | ||||||
2 | with the Office of the Comptroller in order to enable the | ||||||
3 | Comptroller to pay outstanding vouchers. At any time, and from | ||||||
4 | time to time outstanding, such investment shall not be greater | ||||||
5 | than $2,000,000,000. Such investment shall be deposited into | ||||||
6 | the General Revenue Fund or Health Insurance Reserve Fund as | ||||||
7 | determined by the Comptroller. Such investment shall be repaid | ||||||
8 | by the Comptroller with an interest rate tied to the London | ||||||
9 | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an | ||||||
10 | equivalent market established variable rate, but in no case | ||||||
11 | shall such interest rate exceed the lesser of the penalty rate | ||||||
12 | established under the State Prompt Payment Act or the timely | ||||||
13 | pay interest rate under Section 368a of the Illinois Insurance | ||||||
14 | Code. The State Treasurer and the Comptroller shall enter into | ||||||
15 | an intergovernmental agreement to establish procedures for | ||||||
16 | such investments, which market established variable rate to | ||||||
17 | which the interest rate for the investments should be tied, | ||||||
18 | and other terms which the State Treasurer and Comptroller | ||||||
19 | reasonably believe to be mutually beneficial concerning these | ||||||
20 | investments by the State Treasurer. The State Treasurer and | ||||||
21 | Comptroller shall also enter into a written agreement for each | ||||||
22 | such investment that specifies the period of the investment, | ||||||
23 | the payment interval, the interest rate to be paid, the funds | ||||||
24 | in the Treasury from which the Treasurer will draw the | ||||||
25 | investment, and other terms upon which the State Treasurer and | ||||||
26 | Comptroller mutually agree. Such investment agreements shall |
| |||||||
| |||||||
1 | be public records and the State Treasurer shall post the terms | ||||||
2 | of all such investment agreements on the State Treasurer's | ||||||
3 | official website. In compliance with the intergovernmental | ||||||
4 | agreement, the Comptroller shall order and the State Treasurer | ||||||
5 | shall transfer amounts sufficient for the payment of principal | ||||||
6 | and interest invested by the State Treasurer with the Office | ||||||
7 | of the Comptroller under this paragraph from the General | ||||||
8 | Revenue Fund or the Health Insurance Reserve Fund to the | ||||||
9 | respective funds in the Treasury from which the State | ||||||
10 | Treasurer drew the investment. Public Act 100-1107 shall | ||||||
11 | constitute an irrevocable and continuing authority for all | ||||||
12 | amounts necessary for the payment of principal and interest on | ||||||
13 | the investments made with the Office of the Comptroller by the | ||||||
14 | State Treasurer under this paragraph, and the irrevocable and | ||||||
15 | continuing authority for and direction to the Comptroller and | ||||||
16 | Treasurer to make the necessary transfers. | ||||||
17 | The State Treasurer may, with the approval of the | ||||||
18 | Governor, invest or
reinvest any State money in the Treasury | ||||||
19 | that is not needed for current
expenditure, due or about to | ||||||
20 | become due, or any money in the State Treasury
that has been | ||||||
21 | set aside and held for the payment of the principal of and
the | ||||||
22 | interest on any State bonds, in any of the following:
| ||||||
23 | (1) Bonds, notes, certificates of indebtedness, | ||||||
24 | Treasury bills, or other
securities now or hereafter | ||||||
25 | issued that are guaranteed by the full faith
and credit of | ||||||
26 | the United States of America as to principal and interest.
|
| |||||||
| |||||||
1 | (2) Bonds, notes, debentures, or other similar | ||||||
2 | obligations of the United
States of America, its agencies, | ||||||
3 | and instrumentalities.
| ||||||
4 | (2.5) Bonds, notes, debentures, or other similar | ||||||
5 | obligations of a
foreign government, other than the | ||||||
6 | Republic of the Sudan, that are guaranteed by the full | ||||||
7 | faith and credit of that
government as to principal and | ||||||
8 | interest, but only if the foreign government
has not | ||||||
9 | defaulted and has met its payment obligations in a timely | ||||||
10 | manner on
all similar obligations for a period of at least | ||||||
11 | 25 years immediately before
the time of acquiring those | ||||||
12 | obligations.
| ||||||
13 | (3) Interest-bearing savings accounts, | ||||||
14 | interest-bearing certificates of
deposit, | ||||||
15 | interest-bearing time deposits, or any other investments
| ||||||
16 | constituting direct obligations of any bank as defined by | ||||||
17 | the Illinois
Banking Act.
| ||||||
18 | (4) Interest-bearing accounts, certificates of | ||||||
19 | deposit, or any other
investments constituting direct | ||||||
20 | obligations of any savings and loan
associations | ||||||
21 | incorporated under the laws of this State or any other | ||||||
22 | state or
under the laws of the United States.
| ||||||
23 | (5) Dividend-bearing share accounts, share certificate | ||||||
24 | accounts, or
class of share accounts of a credit union | ||||||
25 | chartered under the laws of this
State or the laws of the | ||||||
26 | United States; provided, however, the principal
office of |
| |||||||
| |||||||
1 | the credit union must be located within the State of | ||||||
2 | Illinois.
| ||||||
3 | (6) Bankers' acceptances of banks whose senior | ||||||
4 | obligations are rated in
the top 2 rating categories by 2 | ||||||
5 | national rating agencies and maintain that
rating during | ||||||
6 | the term of the investment.
| ||||||
7 | (7) Short-term obligations of either corporations or | ||||||
8 | limited liability companies organized in the United
States | ||||||
9 | with assets exceeding $500,000,000 if (i) the obligations | ||||||
10 | are rated
at the time of purchase at one of the 3 highest | ||||||
11 | classifications established
by at least 2 standard rating | ||||||
12 | services and mature not later than 270
days from the date | ||||||
13 | of purchase, (ii) the purchases do not exceed 10% of
the | ||||||
14 | corporation's or the limited liability company's | ||||||
15 | outstanding obligations, (iii) no more than one-third of
| ||||||
16 | the public agency's funds are invested in short-term | ||||||
17 | obligations of
either corporations or limited liability | ||||||
18 | companies, and (iv) the corporation or the limited | ||||||
19 | liability company has not been placed on the list of | ||||||
20 | restricted companies by the Illinois Investment Policy | ||||||
21 | Board under Section 1-110.16 of the Illinois Pension Code.
| ||||||
22 | (7.5) Obligations of either corporations or limited | ||||||
23 | liability companies organized in the United States, that | ||||||
24 | have a significant presence in this State, with assets | ||||||
25 | exceeding $500,000,000 if: (i) the obligations are rated | ||||||
26 | at the time of purchase at one of the 3 highest |
| |||||||
| |||||||
1 | classifications established by at least 2 standard rating | ||||||
2 | services and mature more than 270 days, but less than 10 | ||||||
3 | years, from the date of purchase; (ii) the purchases do | ||||||
4 | not exceed 10% of the corporation's or the limited | ||||||
5 | liability company's outstanding obligations; (iii) no more | ||||||
6 | than one-third of the public agency's funds are invested | ||||||
7 | in such obligations of corporations or limited liability | ||||||
8 | companies; and (iv) the corporation or the limited | ||||||
9 | liability company has not been placed on the list of | ||||||
10 | restricted companies by the Illinois Investment Policy | ||||||
11 | Board under Section 1-110.16 of the Illinois Pension Code. | ||||||
12 | (8) Money market mutual funds registered under the | ||||||
13 | Investment Company
Act of 1940.
| ||||||
14 | (9) The Public Treasurers' Investment Pool created | ||||||
15 | under Section 17 of
the State Treasurer Act or in a fund | ||||||
16 | managed, operated, and administered by
a bank.
| ||||||
17 | (10) Repurchase agreements of government securities | ||||||
18 | having the meaning
set out in the Government Securities | ||||||
19 | Act of 1986, as now or hereafter amended or succeeded, | ||||||
20 | subject to the provisions
of that Act and the regulations | ||||||
21 | issued thereunder.
| ||||||
22 | (11) Investments made in accordance with the | ||||||
23 | Technology Development
Act.
| ||||||
24 | (12) Investments made in accordance with the Student | ||||||
25 | Investment Account Act. | ||||||
26 | For purposes of this Section, "agencies" of the United |
| |||||||
| |||||||
1 | States
Government includes:
| ||||||
2 | (i) the federal land banks, federal intermediate | ||||||
3 | credit banks, banks for
cooperatives, federal farm credit | ||||||
4 | banks, or any other entity authorized
to issue debt | ||||||
5 | obligations under the Farm Credit Act of 1971 (12 U.S.C. | ||||||
6 | 2001
et seq.) and Acts amendatory thereto;
| ||||||
7 | (ii) the federal home loan banks and the federal home | ||||||
8 | loan
mortgage corporation;
| ||||||
9 | (iii) the Commodity Credit Corporation; and
| ||||||
10 | (iv) any other agency created by Act of Congress.
| ||||||
11 | The Treasurer may, with the approval of the Governor, lend | ||||||
12 | any securities
acquired under this Act. However, securities | ||||||
13 | may be lent under this Section
only in accordance with Federal | ||||||
14 | Financial Institution Examination Council
guidelines and only | ||||||
15 | if the securities are collateralized at a level sufficient
to | ||||||
16 | assure the safety of the securities, taking into account | ||||||
17 | market value
fluctuation. The securities may be collateralized | ||||||
18 | by cash or collateral
acceptable under Sections 11 and 11.1.
| ||||||
19 | (Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19; | ||||||
20 | 101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
| ||||||
21 | Section 85. The Civil Administrative Code of Illinois is | ||||||
22 | amended by changing Section 5-565 as follows:
| ||||||
23 | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| ||||||
24 | Sec. 5-565. In the Department of Public Health.
|
| |||||||
| |||||||
1 | (a) The General Assembly declares it to be the public | ||||||
2 | policy of this
State that all citizens of Illinois are | ||||||
3 | entitled to lead healthy lives.
Governmental public health has | ||||||
4 | a specific responsibility to ensure that a
public health | ||||||
5 | system is in place to allow the public health mission to be | ||||||
6 | achieved. The public health system is the collection of | ||||||
7 | public, private, and voluntary entities as well as individuals | ||||||
8 | and informal associations that contribute to the public's | ||||||
9 | health within the State. To
develop a public health system | ||||||
10 | requires certain core functions to be performed by
government. | ||||||
11 | The State Board of Health is to assume the leadership role in
| ||||||
12 | advising the Director in meeting the following functions:
| ||||||
13 | (1) Needs assessment.
| ||||||
14 | (2) Statewide health objectives.
| ||||||
15 | (3) Policy development.
| ||||||
16 | (4) Assurance of access to necessary services.
| ||||||
17 | There shall be a State Board of Health composed of 20 | ||||||
18 | persons,
all of
whom shall be appointed by the Governor, with | ||||||
19 | the advice and consent of the
Senate for those appointed by the | ||||||
20 | Governor on and after June 30, 1998,
and one of whom shall be a
| ||||||
21 | senior citizen age 60 or over. Five members shall be | ||||||
22 | physicians licensed
to practice medicine in all its branches, | ||||||
23 | one representing a medical school
faculty, one who is board | ||||||
24 | certified in preventive medicine, and one who is
engaged in | ||||||
25 | private practice. One member shall be a chiropractic | ||||||
26 | physician. One member shall be a dentist; one an
environmental |
| |||||||
| |||||||
1 | health practitioner; one a local public health administrator;
| ||||||
2 | one a local board of health member; one a registered nurse; one | ||||||
3 | a physical therapist; one an optometrist; one a
veterinarian; | ||||||
4 | one a public health academician; one a health care industry
| ||||||
5 | representative; one a representative of the business | ||||||
6 | community; one a representative of the non-profit public | ||||||
7 | interest community; and 2 shall be citizens at large.
| ||||||
8 | The terms of Board of Health members shall be 3 years, | ||||||
9 | except that members shall continue to serve on the Board of | ||||||
10 | Health until a replacement is appointed. Upon the effective | ||||||
11 | date of Public Act 93-975 (January 1, 2005) this amendatory | ||||||
12 | Act of the 93rd General Assembly , in the appointment of the | ||||||
13 | Board of Health members appointed to vacancies or positions | ||||||
14 | with terms expiring on or before December 31, 2004, the | ||||||
15 | Governor shall appoint up to 6 members to serve for terms of 3 | ||||||
16 | years; up to 6 members to serve for terms of 2 years; and up to | ||||||
17 | 5 members to serve for a term of one year, so that the term of | ||||||
18 | no more than 6 members expire in the same year.
All members | ||||||
19 | shall
be legal residents of the State of Illinois. The duties | ||||||
20 | of the Board shall
include, but not be limited to, the | ||||||
21 | following:
| ||||||
22 | (1) To advise the Department of ways to encourage | ||||||
23 | public understanding
and support of the Department's | ||||||
24 | programs.
| ||||||
25 | (2) To evaluate all boards, councils, committees, | ||||||
26 | authorities, and
bodies
advisory to, or an adjunct of, the |
| |||||||
| |||||||
1 | Department of Public Health or its
Director for the | ||||||
2 | purpose of recommending to the Director one or
more of the | ||||||
3 | following:
| ||||||
4 | (i) The elimination of bodies whose activities
are | ||||||
5 | not consistent with goals and objectives of the | ||||||
6 | Department.
| ||||||
7 | (ii) The consolidation of bodies whose activities | ||||||
8 | encompass
compatible programmatic subjects.
| ||||||
9 | (iii) The restructuring of the relationship | ||||||
10 | between the various
bodies and their integration | ||||||
11 | within the organizational structure of the
Department.
| ||||||
12 | (iv) The establishment of new bodies deemed | ||||||
13 | essential to the
functioning of the Department.
| ||||||
14 | (3) To serve as an advisory group to the Director for
| ||||||
15 | public health emergencies and
control of health hazards.
| ||||||
16 | (4) To advise the Director regarding public health | ||||||
17 | policy,
and to make health policy recommendations | ||||||
18 | regarding priorities to the
Governor through the Director.
| ||||||
19 | (5) To present public health issues to the Director | ||||||
20 | and to make
recommendations for the resolution of those | ||||||
21 | issues.
| ||||||
22 | (6) To recommend studies to delineate public health | ||||||
23 | problems.
| ||||||
24 | (7) To make recommendations to the Governor through | ||||||
25 | the Director
regarding the coordination of State public | ||||||
26 | health activities with other
State and local public health |
| |||||||
| |||||||
1 | agencies and organizations.
| ||||||
2 | (8) To report on or before February 1 of each year on | ||||||
3 | the health of the
residents of Illinois to the Governor, | ||||||
4 | the General Assembly, and the
public.
| ||||||
5 | (9) To review the final draft of all proposed | ||||||
6 | administrative rules,
other than emergency or peremptory | ||||||
7 | preemptory rules and those rules that another
advisory | ||||||
8 | body must approve or review within a statutorily defined | ||||||
9 | time
period, of the Department after September 19, 1991 | ||||||
10 | (the effective date of
Public Act
87-633). The Board shall | ||||||
11 | review the proposed rules within 90
days of
submission by | ||||||
12 | the Department. The Department shall take into | ||||||
13 | consideration
any comments and recommendations of the | ||||||
14 | Board regarding the proposed rules
prior to submission to | ||||||
15 | the Secretary of State for initial publication. If
the | ||||||
16 | Department disagrees with the recommendations of the | ||||||
17 | Board, it shall
submit a written response outlining the | ||||||
18 | reasons for not accepting the
recommendations.
| ||||||
19 | In the case of proposed administrative rules or | ||||||
20 | amendments to
administrative
rules regarding immunization | ||||||
21 | of children against preventable communicable
diseases | ||||||
22 | designated by the Director under the Communicable Disease | ||||||
23 | Prevention
Act, after the Immunization Advisory Committee | ||||||
24 | has made its
recommendations, the Board shall conduct 3 | ||||||
25 | public hearings, geographically
distributed
throughout the | ||||||
26 | State. At the conclusion of the hearings, the State Board |
| |||||||
| |||||||
1 | of
Health shall issue a report, including its | ||||||
2 | recommendations, to the Director.
The Director shall take | ||||||
3 | into consideration any comments or recommendations made
by | ||||||
4 | the Board based on these hearings.
| ||||||
5 | (10) To deliver to the Governor for presentation to | ||||||
6 | the General Assembly a State Health Improvement Plan. The | ||||||
7 | first 3 such plans shall be delivered to the Governor on | ||||||
8 | January 1, 2006, January 1, 2009, and January 1, 2016 and | ||||||
9 | then every 5 years thereafter. | ||||||
10 | The Plan shall recommend priorities and strategies to | ||||||
11 | improve the public health system and the health status of | ||||||
12 | Illinois residents, taking into consideration national | ||||||
13 | health objectives and system standards as frameworks for | ||||||
14 | assessment. | ||||||
15 | The Plan shall also take into consideration priorities | ||||||
16 | and strategies developed at the community level through | ||||||
17 | the Illinois Project for Local Assessment of Needs (IPLAN) | ||||||
18 | and any regional health improvement plans that may be | ||||||
19 | developed.
The Plan shall focus on prevention as a key | ||||||
20 | strategy for long-term health improvement in Illinois. | ||||||
21 | The Plan shall examine and make recommendations on the | ||||||
22 | contributions and strategies of the public and private | ||||||
23 | sectors for improving health status and the public health | ||||||
24 | system in the State. In addition to recommendations on | ||||||
25 | health status improvement priorities and strategies for | ||||||
26 | the population of the State as a whole, the Plan shall make |
| |||||||
| |||||||
1 | recommendations regarding priorities and strategies for | ||||||
2 | reducing and eliminating health disparities in Illinois; | ||||||
3 | including racial, ethnic, gender, age, socio-economic , and | ||||||
4 | geographic disparities. | ||||||
5 | The Director of the Illinois Department of Public | ||||||
6 | Health shall appoint a Planning Team that includes a range | ||||||
7 | of public, private, and voluntary sector stakeholders and | ||||||
8 | participants in the public health system. This Team shall | ||||||
9 | include: the directors of State agencies with public | ||||||
10 | health responsibilities (or their designees), including , | ||||||
11 | but not limited to , the Illinois Departments of Public | ||||||
12 | Health and Department of Human Services, representatives | ||||||
13 | of local health departments, representatives of local | ||||||
14 | community health partnerships, and individuals with | ||||||
15 | expertise who represent an array of organizations and | ||||||
16 | constituencies engaged in public health improvement and | ||||||
17 | prevention. | ||||||
18 | The State Board of Health shall hold at least 3 public | ||||||
19 | hearings addressing drafts of the Plan in representative | ||||||
20 | geographic areas of the State.
Members of the Planning | ||||||
21 | Team shall receive no compensation for their services, but | ||||||
22 | may be reimbursed for their necessary expenses.
| ||||||
23 | Upon the delivery of each State Health Improvement | ||||||
24 | Plan, the Governor shall appoint a SHIP Implementation | ||||||
25 | Coordination Council that includes a range of public, | ||||||
26 | private, and voluntary sector stakeholders and |
| |||||||
| |||||||
1 | participants in the public health system. The Council | ||||||
2 | shall include the directors of State agencies and entities | ||||||
3 | with public health system responsibilities (or their | ||||||
4 | designees), including , but not limited to , the Department | ||||||
5 | of Public Health, Department of Human Services, Department | ||||||
6 | of Healthcare and Family Services, Environmental | ||||||
7 | Protection Agency, Illinois State Board of Education, | ||||||
8 | Department on Aging, Illinois Violence Prevention | ||||||
9 | Authority, Department of Agriculture, Department of | ||||||
10 | Insurance, Department of Financial and Professional | ||||||
11 | Regulation, Department of Transportation, and Department | ||||||
12 | of Commerce and Economic Opportunity and the Chair of the | ||||||
13 | State Board of Health. The Council shall include | ||||||
14 | representatives of local health departments and | ||||||
15 | individuals with expertise who represent an array of | ||||||
16 | organizations and constituencies engaged in public health | ||||||
17 | improvement and prevention, including non-profit public | ||||||
18 | interest groups, health issue groups, faith community | ||||||
19 | groups, health care providers, businesses and employers, | ||||||
20 | academic institutions, and community-based organizations. | ||||||
21 | The Governor shall endeavor to make the membership of the | ||||||
22 | Council representative of the racial, ethnic, gender, | ||||||
23 | socio-economic, and geographic diversity of the State. The | ||||||
24 | Governor shall designate one State agency representative | ||||||
25 | and one other non-governmental member as co-chairs of the | ||||||
26 | Council. The Governor shall designate a member of the |
| |||||||
| |||||||
1 | Governor's office to serve as liaison to the Council and | ||||||
2 | one or more State agencies to provide or arrange for | ||||||
3 | support to the Council. The members of the SHIP | ||||||
4 | Implementation Coordination Council for each State Health | ||||||
5 | Improvement Plan shall serve until the delivery of the | ||||||
6 | subsequent State Health Improvement Plan, whereupon a new | ||||||
7 | Council shall be appointed. Members of the SHIP Planning | ||||||
8 | Team may serve on the SHIP Implementation Coordination | ||||||
9 | Council if so appointed by the Governor. | ||||||
10 | The SHIP Implementation Coordination Council shall | ||||||
11 | coordinate the efforts and engagement of the public, | ||||||
12 | private, and voluntary sector stakeholders and | ||||||
13 | participants in the public health system to implement each | ||||||
14 | SHIP. The Council shall serve as a forum for collaborative | ||||||
15 | action; coordinate existing and new initiatives; develop | ||||||
16 | detailed implementation steps, with mechanisms for action; | ||||||
17 | implement specific projects; identify public and private | ||||||
18 | funding sources at the local, State and federal level; | ||||||
19 | promote public awareness of the SHIP; advocate for the | ||||||
20 | implementation of the SHIP; and develop an annual report | ||||||
21 | to the Governor, General Assembly, and public regarding | ||||||
22 | the status of implementation of the SHIP. The Council | ||||||
23 | shall not, however, have the authority to direct any | ||||||
24 | public or private entity to take specific action to | ||||||
25 | implement the SHIP. | ||||||
26 | (11) Upon the request of the Governor, to recommend to |
| |||||||
| |||||||
1 | the Governor
candidates for Director of Public Health when | ||||||
2 | vacancies occur in the position.
| ||||||
3 | (12) To adopt bylaws for the conduct of its own | ||||||
4 | business, including the
authority to establish ad hoc | ||||||
5 | committees to address specific public health
programs | ||||||
6 | requiring resolution.
| ||||||
7 | (13) (Blank). | ||||||
8 | Upon appointment, the Board shall elect a chairperson from | ||||||
9 | among its
members.
| ||||||
10 | Members of the Board shall receive compensation for their | ||||||
11 | services at the
rate of $150 per day, not to exceed $10,000 per | ||||||
12 | year, as designated by the
Director for each day required for | ||||||
13 | transacting the business of the Board
and shall be reimbursed | ||||||
14 | for necessary expenses incurred in the performance
of their | ||||||
15 | duties. The Board shall meet from time to time at the call of | ||||||
16 | the
Department, at the call of the chairperson, or upon the | ||||||
17 | request of 3 of its
members, but shall not meet less than 4 | ||||||
18 | times per year.
| ||||||
19 | (b) (Blank).
| ||||||
20 | (c) An Advisory Board on Necropsy Service to Coroners, | ||||||
21 | which shall
counsel and advise with the Director on the | ||||||
22 | administration of the Autopsy
Act. The Advisory Board shall | ||||||
23 | consist of 11 members, including
a senior citizen age 60 or | ||||||
24 | over, appointed by the Governor, one of
whom shall be | ||||||
25 | designated as chairman by a majority of the members of the
| ||||||
26 | Board. In the appointment of the first Board the Governor |
| |||||||
| |||||||
1 | shall appoint 3
members to serve for terms of 1 year, 3 for | ||||||
2 | terms of 2 years, and 3 for
terms of 3 years. The members first | ||||||
3 | appointed under Public Act 83-1538 shall serve for a term of 3 | ||||||
4 | years. All members appointed thereafter
shall be appointed for | ||||||
5 | terms of 3 years, except that when an
appointment is made
to | ||||||
6 | fill a vacancy, the appointment shall be for the remaining
| ||||||
7 | term of the position vacant. The members of the Board shall be | ||||||
8 | citizens of
the State of Illinois. In the appointment of | ||||||
9 | members of the Advisory Board
the Governor shall appoint 3 | ||||||
10 | members who shall be persons licensed to
practice medicine and | ||||||
11 | surgery in the State of Illinois, at least 2 of whom
shall have | ||||||
12 | received post-graduate training in the field of pathology; 3
| ||||||
13 | members who are duly elected coroners in this State; and 5 | ||||||
14 | members who
shall have interest and abilities in the field of | ||||||
15 | forensic medicine but who
shall be neither persons licensed to | ||||||
16 | practice any branch of medicine in
this State nor coroners. In | ||||||
17 | the appointment of medical and coroner members
of the Board, | ||||||
18 | the Governor shall invite nominations from recognized medical
| ||||||
19 | and coroners organizations in this State respectively. Board | ||||||
20 | members, while
serving on business of the Board, shall receive | ||||||
21 | actual necessary travel and
subsistence expenses while so | ||||||
22 | serving away from their places of residence.
| ||||||
23 | (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17; | ||||||
24 | revised 7-17-19.)
| ||||||
25 | Section 90. The Children and Family Services Act is |
| |||||||
| |||||||
1 | amended by changing Section 5 and by setting forth, | ||||||
2 | renumbering, and
changing multiple versions of Section 42 as | ||||||
3 | follows:
| ||||||
4 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
5 | Sec. 5. Direct child welfare services; Department of | ||||||
6 | Children and Family
Services. To provide direct child welfare | ||||||
7 | services when not available
through other public or private | ||||||
8 | child care or program facilities.
| ||||||
9 | (a) For purposes of this Section:
| ||||||
10 | (1) "Children" means persons found within the State | ||||||
11 | who are under the
age of 18 years. The term also includes | ||||||
12 | persons under age 21 who:
| ||||||
13 | (A) were committed to the Department pursuant to | ||||||
14 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
15 | 1987 , as amended, and who continue under the | ||||||
16 | jurisdiction of the court; or
| ||||||
17 | (B) were accepted for care, service and training | ||||||
18 | by
the Department prior to the age of 18 and whose best | ||||||
19 | interest in the
discretion of the Department would be | ||||||
20 | served by continuing that care,
service and training | ||||||
21 | because of severe emotional disturbances, physical
| ||||||
22 | disability, social adjustment or any combination | ||||||
23 | thereof, or because of the
need to complete an | ||||||
24 | educational or vocational training program.
| ||||||
25 | (2) "Homeless youth" means persons found within the
|
| |||||||
| |||||||
1 | State who are under the age of 19, are not in a safe and | ||||||
2 | stable living
situation and cannot be reunited with their | ||||||
3 | families.
| ||||||
4 | (3) "Child welfare services" means public social | ||||||
5 | services which are
directed toward the accomplishment of | ||||||
6 | the following purposes:
| ||||||
7 | (A) protecting and promoting the health, safety | ||||||
8 | and welfare of
children,
including homeless, | ||||||
9 | dependent , or neglected children;
| ||||||
10 | (B) remedying, or assisting in the solution
of | ||||||
11 | problems which may result in, the neglect, abuse, | ||||||
12 | exploitation , or
delinquency of children;
| ||||||
13 | (C) preventing the unnecessary separation of | ||||||
14 | children
from their families by identifying family | ||||||
15 | problems, assisting families in
resolving their | ||||||
16 | problems, and preventing the breakup of the family
| ||||||
17 | where the prevention of child removal is desirable and | ||||||
18 | possible when the
child can be cared for at home | ||||||
19 | without endangering the child's health and
safety;
| ||||||
20 | (D) restoring to their families children who have | ||||||
21 | been
removed, by the provision of services to the | ||||||
22 | child and the families when the
child can be cared for | ||||||
23 | at home without endangering the child's health and
| ||||||
24 | safety;
| ||||||
25 | (E) placing children in suitable adoptive homes, | ||||||
26 | in
cases where restoration to the biological family is |
| |||||||
| |||||||
1 | not safe, possible , or
appropriate;
| ||||||
2 | (F) assuring safe and adequate care of children | ||||||
3 | away from their
homes, in cases where the child cannot | ||||||
4 | be returned home or cannot be placed
for adoption. At | ||||||
5 | the time of placement, the Department shall consider
| ||||||
6 | concurrent planning,
as described in subsection (l-1) | ||||||
7 | of this Section so that permanency may
occur at the | ||||||
8 | earliest opportunity. Consideration should be given so | ||||||
9 | that if
reunification fails or is delayed, the | ||||||
10 | placement made is the best available
placement to | ||||||
11 | provide permanency for the child;
| ||||||
12 | (G) (blank);
| ||||||
13 | (H) (blank); and
| ||||||
14 | (I) placing and maintaining children in facilities | ||||||
15 | that provide
separate living quarters for children | ||||||
16 | under the age of 18 and for children
18 years of age | ||||||
17 | and older, unless a child 18 years of age is in the | ||||||
18 | last
year of high school education or vocational | ||||||
19 | training, in an approved
individual or group treatment | ||||||
20 | program, in a licensed shelter facility,
or secure | ||||||
21 | child care facility.
The Department is not required to | ||||||
22 | place or maintain children:
| ||||||
23 | (i) who are in a foster home, or
| ||||||
24 | (ii) who are persons with a developmental | ||||||
25 | disability, as defined in
the Mental
Health and | ||||||
26 | Developmental Disabilities Code, or
|
| |||||||
| |||||||
1 | (iii) who are female children who are | ||||||
2 | pregnant, pregnant and
parenting , or parenting, or
| ||||||
3 | (iv) who are siblings, in facilities that | ||||||
4 | provide separate living quarters for children 18
| ||||||
5 | years of age and older and for children under 18 | ||||||
6 | years of age.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) The Department shall establish and maintain | ||||||
9 | tax-supported child
welfare services and extend and seek to | ||||||
10 | improve voluntary services
throughout the State, to the end | ||||||
11 | that services and care shall be available
on an equal basis | ||||||
12 | throughout the State to children requiring such services.
| ||||||
13 | (d) The Director may authorize advance disbursements for | ||||||
14 | any new program
initiative to any agency contracting with the | ||||||
15 | Department. As a
prerequisite for an advance disbursement, the | ||||||
16 | contractor must post a
surety bond in the amount of the advance | ||||||
17 | disbursement and have a
purchase of service contract approved | ||||||
18 | by the Department. The Department
may pay up to 2 months | ||||||
19 | operational expenses in advance. The amount of the
advance | ||||||
20 | disbursement shall be prorated over the life of the contract
| ||||||
21 | or the remaining months of the fiscal year, whichever is less, | ||||||
22 | and the
installment amount shall then be deducted from future | ||||||
23 | bills. Advance
disbursement authorizations for new initiatives | ||||||
24 | shall not be made to any
agency after that agency has operated | ||||||
25 | during 2 consecutive fiscal years.
The requirements of this | ||||||
26 | Section concerning advance disbursements shall
not apply with |
| |||||||
| |||||||
1 | respect to the following: payments to local public agencies
| ||||||
2 | for child day care services as authorized by Section 5a of this | ||||||
3 | Act; and
youth service programs receiving grant funds under | ||||||
4 | Section 17a-4.
| ||||||
5 | (e) (Blank).
| ||||||
6 | (f) (Blank).
| ||||||
7 | (g) The Department shall establish rules and regulations | ||||||
8 | concerning
its operation of programs designed to meet the | ||||||
9 | goals of child safety and
protection,
family preservation, | ||||||
10 | family reunification, and adoption, including , but not
limited | ||||||
11 | to:
| ||||||
12 | (1) adoption;
| ||||||
13 | (2) foster care;
| ||||||
14 | (3) family counseling;
| ||||||
15 | (4) protective services;
| ||||||
16 | (5) (blank);
| ||||||
17 | (6) homemaker service;
| ||||||
18 | (7) return of runaway children;
| ||||||
19 | (8) (blank);
| ||||||
20 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
21 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
22 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
23 | Assistance and Child Welfare Act of
1980; and
| ||||||
24 | (10) interstate services.
| ||||||
25 | Rules and regulations established by the Department shall | ||||||
26 | include
provisions for training Department staff and the staff |
| |||||||
| |||||||
1 | of Department
grantees, through contracts with other agencies | ||||||
2 | or resources, in screening techniques to identify substance | ||||||
3 | use disorders, as defined in the Substance Use Disorder Act, | ||||||
4 | approved by the Department of Human
Services, as a successor | ||||||
5 | to the Department of Alcoholism and Substance Abuse,
for the | ||||||
6 | purpose of identifying children and adults who
should be | ||||||
7 | referred for an assessment at an organization appropriately | ||||||
8 | licensed by the Department of Human Services for substance use | ||||||
9 | disorder treatment.
| ||||||
10 | (h) If the Department finds that there is no appropriate | ||||||
11 | program or
facility within or available to the Department for | ||||||
12 | a youth in care and that no
licensed private facility has an | ||||||
13 | adequate and appropriate program or none
agrees to accept the | ||||||
14 | youth in care, the Department shall create an appropriate
| ||||||
15 | individualized, program-oriented plan for such youth in care. | ||||||
16 | The
plan may be developed within the Department or through | ||||||
17 | purchase of services
by the Department to the extent that it is | ||||||
18 | within its statutory authority
to do.
| ||||||
19 | (i) Service programs shall be available throughout the | ||||||
20 | State and shall
include but not be limited to the following | ||||||
21 | services:
| ||||||
22 | (1) case management;
| ||||||
23 | (2) homemakers;
| ||||||
24 | (3) counseling;
| ||||||
25 | (4) parent education;
| ||||||
26 | (5) day care; and
|
| |||||||
| |||||||
1 | (6) emergency assistance and advocacy.
| ||||||
2 | In addition, the following services may be made available | ||||||
3 | to assess and
meet the needs of children and families:
| ||||||
4 | (1) comprehensive family-based services;
| ||||||
5 | (2) assessments;
| ||||||
6 | (3) respite care; and
| ||||||
7 | (4) in-home health services.
| ||||||
8 | The Department shall provide transportation for any of the | ||||||
9 | services it
makes available to children or families or for | ||||||
10 | which it refers children
or families.
| ||||||
11 | (j) The Department may provide categories of financial | ||||||
12 | assistance and
education assistance grants, and shall
| ||||||
13 | establish rules and regulations concerning the assistance and | ||||||
14 | grants, to
persons who
adopt children with physical or mental | ||||||
15 | disabilities, children who are older, or other hard-to-place
| ||||||
16 | children who (i) immediately prior to their adoption were | ||||||
17 | youth in care or (ii) were determined eligible for financial | ||||||
18 | assistance with respect to a
prior adoption and who become | ||||||
19 | available for adoption because the
prior adoption has been | ||||||
20 | dissolved and the parental rights of the adoptive
parents have | ||||||
21 | been
terminated or because the child's adoptive parents have | ||||||
22 | died.
The Department may continue to provide financial | ||||||
23 | assistance and education assistance grants for a child who was | ||||||
24 | determined eligible for financial assistance under this | ||||||
25 | subsection (j) in the interim period beginning when the | ||||||
26 | child's adoptive parents died and ending with the finalization |
| |||||||
| |||||||
1 | of the new adoption of the child by another adoptive parent or | ||||||
2 | parents. The Department may also provide categories of | ||||||
3 | financial
assistance and education assistance grants, and
| ||||||
4 | shall establish rules and regulations for the assistance and | ||||||
5 | grants, to persons
appointed guardian of the person under | ||||||
6 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
7 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
8 | who were youth in care for 12 months immediately
prior to the | ||||||
9 | appointment of the guardian.
| ||||||
10 | The amount of assistance may vary, depending upon the | ||||||
11 | needs of the child
and the adoptive parents,
as set forth in | ||||||
12 | the annual
assistance agreement. Special purpose grants are | ||||||
13 | allowed where the child
requires special service but such | ||||||
14 | costs may not exceed the amounts
which similar services would | ||||||
15 | cost the Department if it were to provide or
secure them as | ||||||
16 | guardian of the child.
| ||||||
17 | Any financial assistance provided under this subsection is
| ||||||
18 | inalienable by assignment, sale, execution, attachment, | ||||||
19 | garnishment, or any
other remedy for recovery or collection of | ||||||
20 | a judgment or debt.
| ||||||
21 | (j-5) The Department shall not deny or delay the placement | ||||||
22 | of a child for
adoption
if an approved family is available | ||||||
23 | either outside of the Department region
handling the case,
or | ||||||
24 | outside of the State of Illinois.
| ||||||
25 | (k) The Department shall accept for care and training any | ||||||
26 | child who has
been adjudicated neglected or abused, or |
| |||||||
| |||||||
1 | dependent committed to it pursuant
to the Juvenile Court Act | ||||||
2 | or the Juvenile Court Act of 1987.
| ||||||
3 | (l) The Department shall
offer family preservation | ||||||
4 | services, as defined in Section 8.2 of the Abused
and
| ||||||
5 | Neglected Child
Reporting Act, to help families, including | ||||||
6 | adoptive and extended families.
Family preservation
services | ||||||
7 | shall be offered (i) to prevent the
placement
of children in
| ||||||
8 | substitute care when the children can be cared for at home or | ||||||
9 | in the custody of
the person
responsible for the children's | ||||||
10 | welfare,
(ii) to
reunite children with their families, or | ||||||
11 | (iii) to
maintain an adoptive placement. Family preservation | ||||||
12 | services shall only be
offered when doing so will not endanger | ||||||
13 | the children's health or safety. With
respect to children who | ||||||
14 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
15 | 1987, family preservation services shall not be offered if a | ||||||
16 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
17 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
18 | that reunification services may be offered as provided in | ||||||
19 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||||||
20 | Nothing in this paragraph shall be construed to create a | ||||||
21 | private right of
action or claim on the part of any individual | ||||||
22 | or child welfare agency, except that when a child is the | ||||||
23 | subject of an action under Article II of the Juvenile Court Act | ||||||
24 | of 1987 and the child's service plan calls for services to | ||||||
25 | facilitate achievement of the permanency goal, the court | ||||||
26 | hearing the action under Article II of the Juvenile Court Act |
| |||||||
| |||||||
1 | of 1987 may order the Department to provide the services set | ||||||
2 | out in the plan, if those services are not provided with | ||||||
3 | reasonable promptness and if those services are available.
| ||||||
4 | The Department shall notify the child and his family of | ||||||
5 | the
Department's
responsibility to offer and provide family | ||||||
6 | preservation services as
identified in the service plan. The | ||||||
7 | child and his family shall be eligible
for services as soon as | ||||||
8 | the report is determined to be "indicated". The
Department may | ||||||
9 | offer services to any child or family with respect to whom a
| ||||||
10 | report of suspected child abuse or neglect has been filed, | ||||||
11 | prior to
concluding its investigation under Section 7.12 of | ||||||
12 | the Abused and Neglected
Child Reporting Act. However, the | ||||||
13 | child's or family's willingness to
accept services shall not | ||||||
14 | be considered in the investigation. The
Department may also | ||||||
15 | provide services to any child or family who is the
subject of | ||||||
16 | any report of suspected child abuse or neglect or may refer | ||||||
17 | such
child or family to services available from other agencies | ||||||
18 | in the community,
even if the report is determined to be | ||||||
19 | unfounded, if the conditions in the
child's or family's home | ||||||
20 | are reasonably likely to subject the child or
family to future | ||||||
21 | reports of suspected child abuse or neglect. Acceptance
of | ||||||
22 | such services shall be voluntary. The Department may also | ||||||
23 | provide services to any child or family after completion of a | ||||||
24 | family assessment, as an alternative to an investigation, as | ||||||
25 | provided under the "differential response program" provided | ||||||
26 | for in subsection (a-5) of Section 7.4 of the Abused and |
| |||||||
| |||||||
1 | Neglected Child Reporting Act.
| ||||||
2 | The Department may, at its discretion except for those | ||||||
3 | children also
adjudicated neglected or dependent, accept for | ||||||
4 | care and training any child
who has been adjudicated addicted, | ||||||
5 | as a truant minor in need of
supervision or as a minor | ||||||
6 | requiring authoritative intervention, under the
Juvenile Court | ||||||
7 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
8 | be committed to the Department by any court without the | ||||||
9 | approval of
the Department. On and after January 1, 2015 (the | ||||||
10 | effective date of Public Act 98-803) and before January 1, | ||||||
11 | 2017, a minor charged with a criminal offense under the | ||||||
12 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
13 | adjudicated delinquent shall not be placed in the custody of | ||||||
14 | or
committed to the Department by any court, except (i) a minor | ||||||
15 | less than 16 years
of age committed to the Department under | ||||||
16 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
17 | for whom an independent basis of abuse, neglect, or dependency | ||||||
18 | exists, which must be defined by departmental rule, or (iii) a | ||||||
19 | minor for whom the court has granted a supplemental petition | ||||||
20 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
21 | 2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||||||
22 | 2017, a minor charged with a criminal offense under the | ||||||
23 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
24 | adjudicated delinquent shall not be placed in the custody of | ||||||
25 | or
committed to the Department by any court, except (i) a minor | ||||||
26 | less than 15 years
of age committed to the Department under |
| |||||||
| |||||||
1 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
2 | for whom an independent basis of abuse, neglect, or dependency | ||||||
3 | exists, which must be defined by departmental rule, or (iii) a | ||||||
4 | minor for whom the court has granted a supplemental petition | ||||||
5 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
6 | 2-33 of the Juvenile Court Act of 1987. An independent basis | ||||||
7 | exists when the allegations or adjudication of abuse, neglect, | ||||||
8 | or dependency do not arise from the same facts, incident, or | ||||||
9 | circumstances which give rise to a charge or adjudication of | ||||||
10 | delinquency. The Department shall
assign a caseworker to | ||||||
11 | attend any hearing involving a youth in
the care and custody of | ||||||
12 | the Department who is placed on aftercare release, including | ||||||
13 | hearings
involving sanctions for violation of aftercare | ||||||
14 | release
conditions and aftercare release revocation hearings.
| ||||||
15 | As soon as is possible after August 7, 2009 (the effective | ||||||
16 | date of Public Act 96-134), the Department shall develop and | ||||||
17 | implement a special program of family preservation services to | ||||||
18 | support intact, foster, and adoptive families who are | ||||||
19 | experiencing extreme hardships due to the difficulty and | ||||||
20 | stress of caring for a child who has been diagnosed with a | ||||||
21 | pervasive developmental disorder if the Department determines | ||||||
22 | that those services are necessary to ensure the health and | ||||||
23 | safety of the child. The Department may offer services to any | ||||||
24 | family whether or not a report has been filed under the Abused | ||||||
25 | and Neglected Child Reporting Act. The Department may refer | ||||||
26 | the child or family to services available from other agencies |
| |||||||
| |||||||
1 | in the community if the conditions in the child's or family's | ||||||
2 | home are reasonably likely to subject the child or family to | ||||||
3 | future reports of suspected child abuse or neglect. Acceptance | ||||||
4 | of these services shall be voluntary. The Department shall | ||||||
5 | develop and implement a public information campaign to alert | ||||||
6 | health and social service providers and the general public | ||||||
7 | about these special family preservation services. The nature | ||||||
8 | and scope of the services offered and the number of families | ||||||
9 | served under the special program implemented under this | ||||||
10 | paragraph shall be determined by the level of funding that the | ||||||
11 | Department annually allocates for this purpose. The term | ||||||
12 | "pervasive developmental disorder" under this paragraph means | ||||||
13 | a neurological condition, including , but not limited to, | ||||||
14 | Asperger's Syndrome and autism, as defined in the most recent | ||||||
15 | edition of the Diagnostic and Statistical Manual of Mental | ||||||
16 | Disorders of the American Psychiatric Association. | ||||||
17 | (l-1) The legislature recognizes that the best interests | ||||||
18 | of the child
require that
the child be placed in the most | ||||||
19 | permanent living arrangement as soon as is
practically
| ||||||
20 | possible. To achieve this goal, the legislature directs the | ||||||
21 | Department of
Children and
Family Services to conduct | ||||||
22 | concurrent planning so that permanency may occur at
the
| ||||||
23 | earliest opportunity. Permanent living arrangements may | ||||||
24 | include prevention of
placement of a child outside the home of | ||||||
25 | the family when the child can be cared
for at
home without | ||||||
26 | endangering the child's health or safety; reunification with |
| |||||||
| |||||||
1 | the
family,
when safe and appropriate, if temporary placement | ||||||
2 | is necessary; or movement of
the child
toward the most | ||||||
3 | permanent living arrangement and permanent legal status.
| ||||||
4 | When determining reasonable efforts to be made with | ||||||
5 | respect to a child, as
described in this
subsection, and in | ||||||
6 | making such reasonable efforts, the child's health and
safety | ||||||
7 | shall be the
paramount concern.
| ||||||
8 | When a child is placed in foster care, the Department | ||||||
9 | shall ensure and
document that reasonable efforts were made to | ||||||
10 | prevent or eliminate the need to
remove the child from the | ||||||
11 | child's home. The Department must make
reasonable efforts to | ||||||
12 | reunify the family when temporary placement of the child
| ||||||
13 | occurs
unless otherwise required, pursuant to the Juvenile | ||||||
14 | Court Act of 1987.
At any time after the dispositional hearing | ||||||
15 | where the Department believes
that further reunification | ||||||
16 | services would be ineffective, it may request a
finding from | ||||||
17 | the court that reasonable efforts are no longer appropriate. | ||||||
18 | The
Department is not required to provide further | ||||||
19 | reunification services after such
a
finding.
| ||||||
20 | A decision to place a child in substitute care shall be | ||||||
21 | made with
considerations of the child's health, safety, and | ||||||
22 | best interests. At the
time of placement, consideration should | ||||||
23 | also be given so that if reunification
fails or is delayed, the | ||||||
24 | placement made is the best available placement to
provide | ||||||
25 | permanency for the child.
| ||||||
26 | The Department shall adopt rules addressing concurrent |
| |||||||
| |||||||
1 | planning for
reunification and permanency. The Department | ||||||
2 | shall consider the following
factors when determining | ||||||
3 | appropriateness of concurrent planning:
| ||||||
4 | (1) the likelihood of prompt reunification;
| ||||||
5 | (2) the past history of the family;
| ||||||
6 | (3) the barriers to reunification being addressed by | ||||||
7 | the family;
| ||||||
8 | (4) the level of cooperation of the family;
| ||||||
9 | (5) the foster parents' willingness to work with the | ||||||
10 | family to reunite;
| ||||||
11 | (6) the willingness and ability of the foster family | ||||||
12 | to provide an
adoptive
home or long-term placement;
| ||||||
13 | (7) the age of the child;
| ||||||
14 | (8) placement of siblings.
| ||||||
15 | (m) The Department may assume temporary custody of any | ||||||
16 | child if:
| ||||||
17 | (1) it has received a written consent to such | ||||||
18 | temporary custody
signed by the parents of the child or by | ||||||
19 | the parent having custody of the
child if the parents are | ||||||
20 | not living together or by the guardian or
custodian of the | ||||||
21 | child if the child is not in the custody of either
parent, | ||||||
22 | or
| ||||||
23 | (2) the child is found in the State and neither a | ||||||
24 | parent,
guardian nor custodian of the child can be | ||||||
25 | located.
| ||||||
26 | If the child is found in his or her residence without a parent, |
| |||||||
| |||||||
1 | guardian,
custodian , or responsible caretaker, the Department | ||||||
2 | may, instead of removing
the child and assuming temporary | ||||||
3 | custody, place an authorized
representative of the Department | ||||||
4 | in that residence until such time as a
parent, guardian , or | ||||||
5 | custodian enters the home and expresses a willingness
and | ||||||
6 | apparent ability to ensure the child's health and safety and | ||||||
7 | resume
permanent
charge of the child, or until a
relative | ||||||
8 | enters the home and is willing and able to ensure the child's | ||||||
9 | health
and
safety and assume charge of the
child until a | ||||||
10 | parent, guardian , or custodian enters the home and expresses
| ||||||
11 | such willingness and ability to ensure the child's safety and | ||||||
12 | resume
permanent charge. After a caretaker has remained in the | ||||||
13 | home for a period not
to exceed 12 hours, the Department must | ||||||
14 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
15 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
16 | The Department shall have the authority, responsibilities | ||||||
17 | and duties that
a legal custodian of the child would have | ||||||
18 | pursuant to subsection (9) of
Section 1-3 of the Juvenile | ||||||
19 | Court Act of 1987. Whenever a child is taken
into temporary | ||||||
20 | custody pursuant to an investigation under the Abused and
| ||||||
21 | Neglected Child Reporting Act, or pursuant to a referral and | ||||||
22 | acceptance
under the Juvenile Court Act of 1987 of a minor in | ||||||
23 | limited custody, the
Department, during the period of | ||||||
24 | temporary custody and before the child
is brought before a | ||||||
25 | judicial officer as required by Section 2-9, 3-11,
4-8, or | ||||||
26 | 5-415 of the Juvenile Court Act of 1987, shall have
the |
| |||||||
| |||||||
1 | authority, responsibilities and duties that a legal custodian | ||||||
2 | of the child
would have under subsection (9) of Section 1-3 of | ||||||
3 | the Juvenile Court Act of
1987.
| ||||||
4 | The Department shall ensure that any child taken into | ||||||
5 | custody
is scheduled for an appointment for a medical | ||||||
6 | examination.
| ||||||
7 | A parent, guardian , or custodian of a child in the | ||||||
8 | temporary custody of the
Department who would have custody of | ||||||
9 | the child if he were not in the
temporary custody of the | ||||||
10 | Department may deliver to the Department a signed
request that | ||||||
11 | the Department surrender the temporary custody of the child.
| ||||||
12 | The Department may retain temporary custody of the child for | ||||||
13 | 10 days after
the receipt of the request, during which period | ||||||
14 | the Department may cause to
be filed a petition pursuant to the | ||||||
15 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
16 | Department shall retain temporary custody of the
child until | ||||||
17 | the court orders otherwise. If a petition is not filed within
| ||||||
18 | the 10-day period, the child shall be surrendered to the | ||||||
19 | custody of the
requesting parent, guardian , or custodian not | ||||||
20 | later than the expiration of
the 10-day period, at which time | ||||||
21 | the authority and duties of the Department
with respect to the | ||||||
22 | temporary custody of the child shall terminate.
| ||||||
23 | (m-1) The Department may place children under 18 years of | ||||||
24 | age in a secure
child care facility licensed by the Department | ||||||
25 | that cares for children who are
in need of secure living | ||||||
26 | arrangements for their health, safety, and well-being
after a |
| |||||||
| |||||||
1 | determination is made by the facility director and the | ||||||
2 | Director or the
Director's designate prior to admission to the | ||||||
3 | facility subject to Section
2-27.1 of the Juvenile Court Act | ||||||
4 | of 1987. This subsection (m-1) does not apply
to a child who is | ||||||
5 | subject to placement in a correctional facility operated
| ||||||
6 | pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||||||
7 | unless the
child is a youth in care who was placed in the care | ||||||
8 | of the Department before being
subject to placement in a | ||||||
9 | correctional facility and a court of competent
jurisdiction | ||||||
10 | has ordered placement of the child in a secure care facility.
| ||||||
11 | (n) The Department may place children under 18 years of | ||||||
12 | age in
licensed child care facilities when in the opinion of | ||||||
13 | the Department,
appropriate services aimed at family | ||||||
14 | preservation have been unsuccessful and
cannot ensure the | ||||||
15 | child's health and safety or are unavailable and such
| ||||||
16 | placement would be for their best interest. Payment
for board, | ||||||
17 | clothing, care, training and supervision of any child placed | ||||||
18 | in
a licensed child care facility may be made by the | ||||||
19 | Department, by the
parents or guardians of the estates of | ||||||
20 | those children, or by both the
Department and the parents or | ||||||
21 | guardians, except that no payments shall be
made by the | ||||||
22 | Department for any child placed in a licensed child care
| ||||||
23 | facility for board, clothing, care, training and supervision | ||||||
24 | of such a
child that exceed the average per capita cost of | ||||||
25 | maintaining and of caring
for a child in institutions for | ||||||
26 | dependent or neglected children operated by
the Department. |
| |||||||
| |||||||
1 | However, such restriction on payments does not apply in
cases | ||||||
2 | where children require specialized care and treatment for | ||||||
3 | problems of
severe emotional disturbance, physical disability, | ||||||
4 | social adjustment, or
any combination thereof and suitable | ||||||
5 | facilities for the placement of such
children are not | ||||||
6 | available at payment rates within the limitations set
forth in | ||||||
7 | this Section. All reimbursements for services delivered shall | ||||||
8 | be
absolutely inalienable by assignment, sale, attachment, or | ||||||
9 | garnishment or
otherwise.
| ||||||
10 | (n-1) The Department shall provide or authorize child | ||||||
11 | welfare services, aimed at assisting minors to achieve | ||||||
12 | sustainable self-sufficiency as independent adults, for any | ||||||
13 | minor eligible for the reinstatement of wardship pursuant to | ||||||
14 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
15 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
16 | provided that the minor consents to such services and has not | ||||||
17 | yet attained the age of 21. The Department shall have | ||||||
18 | responsibility for the development and delivery of services | ||||||
19 | under this Section. An eligible youth may access services | ||||||
20 | under this Section through the Department of Children and | ||||||
21 | Family Services or by referral from the Department of Human | ||||||
22 | Services. Youth participating in services under this Section | ||||||
23 | shall cooperate with the assigned case manager in developing | ||||||
24 | an agreement identifying the services to be provided and how | ||||||
25 | the youth will increase skills to achieve self-sufficiency. A | ||||||
26 | homeless shelter is not considered appropriate housing for any |
| |||||||
| |||||||
1 | youth receiving child welfare services under this Section. The | ||||||
2 | Department shall continue child welfare services under this | ||||||
3 | Section to any eligible minor until the minor becomes 21 years | ||||||
4 | of age, no longer consents to participate, or achieves | ||||||
5 | self-sufficiency as identified in the minor's service plan. | ||||||
6 | The Department of Children and Family Services shall create | ||||||
7 | clear, readable notice of the rights of former foster youth to | ||||||
8 | child welfare services under this Section and how such | ||||||
9 | services may be obtained. The Department of Children and | ||||||
10 | Family Services and the Department of Human Services shall | ||||||
11 | disseminate this information statewide. The Department shall | ||||||
12 | adopt regulations describing services intended to assist | ||||||
13 | minors in achieving sustainable self-sufficiency as | ||||||
14 | independent adults. | ||||||
15 | (o) The Department shall establish an administrative | ||||||
16 | review and appeal
process for children and families who | ||||||
17 | request or receive child welfare
services from the Department. | ||||||
18 | Youth in care who are placed by private child welfare | ||||||
19 | agencies, and foster families with whom
those youth are | ||||||
20 | placed, shall be afforded the same procedural and appeal
| ||||||
21 | rights as children and families in the case of placement by the | ||||||
22 | Department,
including the right to an initial review of a | ||||||
23 | private agency decision by
that agency. The Department shall | ||||||
24 | ensure that any private child welfare
agency, which accepts | ||||||
25 | youth in care for placement, affords those
rights to children | ||||||
26 | and foster families. The Department shall accept for
|
| |||||||
| |||||||
1 | administrative review and an appeal hearing a complaint made | ||||||
2 | by (i) a child
or foster family concerning a decision | ||||||
3 | following an initial review by a
private child welfare agency | ||||||
4 | or (ii) a prospective adoptive parent who alleges
a violation | ||||||
5 | of subsection (j-5) of this Section. An appeal of a decision
| ||||||
6 | concerning a change in the placement of a child shall be | ||||||
7 | conducted in an
expedited manner. A court determination that a | ||||||
8 | current foster home placement is necessary and appropriate | ||||||
9 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
10 | constitute a judicial determination on the merits of an | ||||||
11 | administrative appeal, filed by a former foster parent, | ||||||
12 | involving a change of placement decision.
| ||||||
13 | (p) (Blank).
| ||||||
14 | (q) The Department may receive and use, in their entirety, | ||||||
15 | for the
benefit of children any gift, donation , or bequest of | ||||||
16 | money or other
property which is received on behalf of such | ||||||
17 | children, or any financial
benefits to which such children are | ||||||
18 | or may become entitled while under
the jurisdiction or care of | ||||||
19 | the Department.
| ||||||
20 | The Department shall set up and administer no-cost, | ||||||
21 | interest-bearing accounts in appropriate financial | ||||||
22 | institutions
for children for whom the Department is legally | ||||||
23 | responsible and who have been
determined eligible for | ||||||
24 | Veterans' Benefits, Social Security benefits,
assistance | ||||||
25 | allotments from the armed forces, court ordered payments, | ||||||
26 | parental
voluntary payments, Supplemental Security Income, |
| |||||||
| |||||||
1 | Railroad Retirement
payments, Black Lung benefits, or other | ||||||
2 | miscellaneous payments. Interest
earned by each account shall | ||||||
3 | be credited to the account, unless
disbursed in accordance | ||||||
4 | with this subsection.
| ||||||
5 | In disbursing funds from children's accounts, the | ||||||
6 | Department
shall:
| ||||||
7 | (1) Establish standards in accordance with State and | ||||||
8 | federal laws for
disbursing money from children's | ||||||
9 | accounts. In all
circumstances,
the Department's | ||||||
10 | "Guardianship Administrator" or his or her designee must
| ||||||
11 | approve disbursements from children's accounts. The | ||||||
12 | Department
shall be responsible for keeping complete | ||||||
13 | records of all disbursements for each account for any | ||||||
14 | purpose.
| ||||||
15 | (2) Calculate on a monthly basis the amounts paid from | ||||||
16 | State funds for the
child's board and care, medical care | ||||||
17 | not covered under Medicaid, and social
services; and | ||||||
18 | utilize funds from the child's account, as
covered by | ||||||
19 | regulation, to reimburse those costs. Monthly, | ||||||
20 | disbursements from
all children's accounts, up to 1/12 of | ||||||
21 | $13,000,000, shall be
deposited by the Department into the | ||||||
22 | General Revenue Fund and the balance over
1/12 of | ||||||
23 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
24 | (3) Maintain any balance remaining after reimbursing | ||||||
25 | for the child's costs
of care, as specified in item (2). | ||||||
26 | The balance shall accumulate in accordance
with relevant |
| |||||||
| |||||||
1 | State and federal laws and shall be disbursed to the child | ||||||
2 | or his
or her guardian, or to the issuing agency.
| ||||||
3 | (r) The Department shall promulgate regulations | ||||||
4 | encouraging all adoption
agencies to voluntarily forward to | ||||||
5 | the Department or its agent names and
addresses of all persons | ||||||
6 | who have applied for and have been approved for
adoption of a | ||||||
7 | hard-to-place child or child with a disability and the names | ||||||
8 | of such
children who have not been placed for adoption. A list | ||||||
9 | of such names and
addresses shall be maintained by the | ||||||
10 | Department or its agent, and coded
lists which maintain the | ||||||
11 | confidentiality of the person seeking to adopt the
child and | ||||||
12 | of the child shall be made available, without charge, to every
| ||||||
13 | adoption agency in the State to assist the agencies in placing | ||||||
14 | such
children for adoption. The Department may delegate to an | ||||||
15 | agent its duty to
maintain and make available such lists. The | ||||||
16 | Department shall ensure that
such agent maintains the | ||||||
17 | confidentiality of the person seeking to adopt the
child and | ||||||
18 | of the child.
| ||||||
19 | (s) The Department of Children and Family Services may | ||||||
20 | establish and
implement a program to reimburse Department and | ||||||
21 | private child welfare
agency foster parents licensed by the | ||||||
22 | Department of Children and Family
Services for damages | ||||||
23 | sustained by the foster parents as a result of the
malicious or | ||||||
24 | negligent acts of foster children, as well as providing third
| ||||||
25 | party coverage for such foster parents with regard to actions | ||||||
26 | of foster
children to other individuals. Such coverage will be |
| |||||||
| |||||||
1 | secondary to the
foster parent liability insurance policy, if | ||||||
2 | applicable. The program shall
be funded through appropriations | ||||||
3 | from the General Revenue Fund,
specifically designated for | ||||||
4 | such purposes.
| ||||||
5 | (t) The Department shall perform home studies and | ||||||
6 | investigations and
shall exercise supervision over visitation | ||||||
7 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
8 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
9 | (1) an order entered by an Illinois court specifically
| ||||||
10 | directs the Department to perform such services; and
| ||||||
11 | (2) the court has ordered one or both of the parties to
| ||||||
12 | the proceeding to reimburse the Department for its | ||||||
13 | reasonable costs for
providing such services in accordance | ||||||
14 | with Department rules, or has
determined that neither | ||||||
15 | party is financially able to pay.
| ||||||
16 | The Department shall provide written notification to the | ||||||
17 | court of the
specific arrangements for supervised visitation | ||||||
18 | and projected monthly costs
within 60 days of the court order. | ||||||
19 | The Department shall send to the court
information related to | ||||||
20 | the costs incurred except in cases where the court
has | ||||||
21 | determined the parties are financially unable to pay. The | ||||||
22 | court may
order additional periodic reports as appropriate.
| ||||||
23 | (u) In addition to other information that must be | ||||||
24 | provided, whenever the Department places a child with a | ||||||
25 | prospective adoptive parent or parents , or in a licensed | ||||||
26 | foster home,
group home, or child care institution, or in a |
| |||||||
| |||||||
1 | relative home, the Department
shall provide to the prospective | ||||||
2 | adoptive parent or parents or other caretaker:
| ||||||
3 | (1) available detailed information concerning the | ||||||
4 | child's educational
and health history, copies of | ||||||
5 | immunization records (including insurance
and medical card | ||||||
6 | information), a history of the child's previous | ||||||
7 | placements,
if any, and reasons for placement changes | ||||||
8 | excluding any information that
identifies or reveals the | ||||||
9 | location of any previous caretaker;
| ||||||
10 | (2) a copy of the child's portion of the client | ||||||
11 | service plan, including
any visitation arrangement, and | ||||||
12 | all amendments or revisions to it as
related to the child; | ||||||
13 | and
| ||||||
14 | (3) information containing details of the child's | ||||||
15 | individualized
educational plan when the child is | ||||||
16 | receiving special education services.
| ||||||
17 | The caretaker shall be informed of any known social or | ||||||
18 | behavioral
information (including, but not limited to, | ||||||
19 | criminal background, fire
setting, perpetuation of
sexual | ||||||
20 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
21 | care
for and safeguard the children to be placed or currently | ||||||
22 | in the home. The Department may prepare a written summary of | ||||||
23 | the information required by this paragraph, which may be | ||||||
24 | provided to the foster or prospective adoptive parent in | ||||||
25 | advance of a placement. The foster or prospective adoptive | ||||||
26 | parent may review the supporting documents in the child's file |
| |||||||
| |||||||
1 | in the presence of casework staff. In the case of an emergency | ||||||
2 | placement, casework staff shall at least provide known | ||||||
3 | information verbally, if necessary, and must subsequently | ||||||
4 | provide the information in writing as required by this | ||||||
5 | subsection.
| ||||||
6 | The information described in this subsection shall be | ||||||
7 | provided in writing. In the case of emergency placements when | ||||||
8 | time does not allow prior review, preparation, and collection | ||||||
9 | of written information, the Department shall provide such | ||||||
10 | information as it becomes available. Within 10 business days | ||||||
11 | after placement, the Department shall obtain from the | ||||||
12 | prospective adoptive parent or parents or other caretaker a | ||||||
13 | signed verification of receipt of the information provided. | ||||||
14 | Within 10 business days after placement, the Department shall | ||||||
15 | provide to the child's guardian ad litem a copy of the | ||||||
16 | information provided to the prospective adoptive parent or | ||||||
17 | parents or other caretaker. The information provided to the | ||||||
18 | prospective adoptive parent or parents or other caretaker | ||||||
19 | shall be reviewed and approved regarding accuracy at the | ||||||
20 | supervisory level.
| ||||||
21 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
22 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
23 | of 1969 shall be eligible to
receive foster care payments from | ||||||
24 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
25 | were approved pursuant to approved
relative placement rules | ||||||
26 | previously promulgated by the Department at 89 Ill.
Adm. Code |
| |||||||
| |||||||
1 | 335 and had submitted an application for licensure as a foster | ||||||
2 | family
home may continue to receive foster care payments only | ||||||
3 | until the Department
determines that they may be licensed as a | ||||||
4 | foster family home or that their
application for licensure is | ||||||
5 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
6 | (v) The Department shall access criminal history record | ||||||
7 | information
as defined in the Illinois Uniform Conviction | ||||||
8 | Information Act and information
maintained in the adjudicatory | ||||||
9 | and dispositional record system as defined in
Section 2605-355 | ||||||
10 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
11 | if the Department determines the information is necessary to | ||||||
12 | perform its duties
under the Abused and Neglected Child | ||||||
13 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
14 | Family Services Act. The Department shall provide for
| ||||||
15 | interactive computerized communication and processing | ||||||
16 | equipment that permits
direct on-line communication with the | ||||||
17 | Department of State Police's central
criminal history data | ||||||
18 | repository. The Department shall comply with all
certification | ||||||
19 | requirements and provide certified operators who have been
| ||||||
20 | trained by personnel from the Department of State Police. In | ||||||
21 | addition, one
Office of the Inspector General investigator | ||||||
22 | shall have training in the use of
the criminal history | ||||||
23 | information access system and have
access to the terminal. The | ||||||
24 | Department of Children and Family Services and its
employees | ||||||
25 | shall abide by rules and regulations established by the | ||||||
26 | Department of
State Police relating to the access and |
| |||||||
| |||||||
1 | dissemination of
this information.
| ||||||
2 | (v-1) Prior to final approval for placement of a child, | ||||||
3 | the Department shall conduct a criminal records background | ||||||
4 | check of the prospective foster or adoptive parent, including | ||||||
5 | fingerprint-based checks of national crime information | ||||||
6 | databases. Final approval for placement shall not be granted | ||||||
7 | if the record check reveals a felony conviction for child | ||||||
8 | abuse or neglect, for spousal abuse, for a crime against | ||||||
9 | children, or for a crime involving violence, including rape, | ||||||
10 | sexual assault, or homicide, but not including other physical | ||||||
11 | assault or battery, or if there is a felony conviction for | ||||||
12 | physical assault, battery, or a drug-related offense committed | ||||||
13 | within the past 5 years. | ||||||
14 | (v-2) Prior to final approval for placement of a child, | ||||||
15 | the Department shall check its child abuse and neglect | ||||||
16 | registry for information concerning prospective foster and | ||||||
17 | adoptive parents, and any adult living in the home. If any | ||||||
18 | prospective foster or adoptive parent or other adult living in | ||||||
19 | the home has resided in another state in the preceding 5 years, | ||||||
20 | the Department shall request a check of that other state's | ||||||
21 | child abuse and neglect registry.
| ||||||
22 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
23 | of Public Act
89-392), the Department shall prepare and submit | ||||||
24 | to the Governor and the
General Assembly, a written plan for | ||||||
25 | the development of in-state licensed
secure child care | ||||||
26 | facilities that care for children who are in need of secure
|
| |||||||
| |||||||
1 | living
arrangements for their health, safety, and well-being. | ||||||
2 | For purposes of this
subsection, secure care facility shall | ||||||
3 | mean a facility that is designed and
operated to ensure that | ||||||
4 | all entrances and exits from the facility, a building
or a | ||||||
5 | distinct part of the building, are under the exclusive control | ||||||
6 | of the
staff of the facility, whether or not the child has the | ||||||
7 | freedom of movement
within the perimeter of the facility, | ||||||
8 | building, or distinct part of the
building. The plan shall | ||||||
9 | include descriptions of the types of facilities that
are | ||||||
10 | needed in Illinois; the cost of developing these secure care | ||||||
11 | facilities;
the estimated number of placements; the potential | ||||||
12 | cost savings resulting from
the movement of children currently | ||||||
13 | out-of-state who are projected to be
returned to Illinois; the | ||||||
14 | necessary geographic distribution of these
facilities in | ||||||
15 | Illinois; and a proposed timetable for development of such
| ||||||
16 | facilities. | ||||||
17 | (x) The Department shall conduct annual credit history | ||||||
18 | checks to determine the financial history of children placed | ||||||
19 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
20 | 1987. The Department shall conduct such credit checks starting | ||||||
21 | when a youth in care turns 12 years old and each year | ||||||
22 | thereafter for the duration of the guardianship as terminated | ||||||
23 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
24 | shall determine if financial exploitation of the child's | ||||||
25 | personal information has occurred. If financial exploitation | ||||||
26 | appears to have taken place or is presently ongoing, the |
| |||||||
| |||||||
1 | Department shall notify the proper law enforcement agency, the | ||||||
2 | proper State's Attorney, or the Attorney General. | ||||||
3 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
4 | Public Act 96-1189), a child with a disability who receives | ||||||
5 | residential and educational services from the Department shall | ||||||
6 | be eligible to receive transition services in accordance with | ||||||
7 | Article 14 of the School Code from the age of 14.5 through age | ||||||
8 | 21, inclusive, notwithstanding the child's residential | ||||||
9 | services arrangement. For purposes of this subsection, "child | ||||||
10 | with a disability" means a child with a disability as defined | ||||||
11 | by the federal Individuals with Disabilities Education | ||||||
12 | Improvement Act of 2004. | ||||||
13 | (z) The Department shall access criminal history record | ||||||
14 | information as defined as "background information" in this | ||||||
15 | subsection and criminal history record information as defined | ||||||
16 | in the Illinois Uniform Conviction Information Act for each | ||||||
17 | Department employee or Department applicant. Each Department | ||||||
18 | employee or Department applicant shall submit his or her | ||||||
19 | fingerprints to the Department of State Police in the form and | ||||||
20 | manner prescribed by the Department of State Police. These | ||||||
21 | fingerprints shall be checked against the fingerprint records | ||||||
22 | now and hereafter filed in the Department of State Police and | ||||||
23 | the Federal Bureau of Investigation criminal history records | ||||||
24 | databases. The Department of State Police shall charge a fee | ||||||
25 | for conducting the criminal history record check, which shall | ||||||
26 | be deposited into the State Police Services Fund and shall not |
| |||||||
| |||||||
1 | exceed the actual cost of the record check. The Department of | ||||||
2 | State Police shall furnish, pursuant to positive | ||||||
3 | identification, all Illinois conviction information to the | ||||||
4 | Department of Children and Family Services. | ||||||
5 | For purposes of this subsection: | ||||||
6 | "Background information" means all of the following: | ||||||
7 | (i) Upon the request of the Department of Children and | ||||||
8 | Family Services, conviction information obtained from the | ||||||
9 | Department of State Police as a result of a | ||||||
10 | fingerprint-based criminal history records check of the | ||||||
11 | Illinois criminal history records database and the Federal | ||||||
12 | Bureau of Investigation criminal history records database | ||||||
13 | concerning a Department employee or Department applicant. | ||||||
14 | (ii) Information obtained by the Department of | ||||||
15 | Children and Family Services after performing a check of | ||||||
16 | the Department of State Police's Sex Offender Database, as | ||||||
17 | authorized by Section 120 of the Sex Offender Community | ||||||
18 | Notification Law, concerning a Department employee or | ||||||
19 | Department applicant. | ||||||
20 | (iii) Information obtained by the Department of | ||||||
21 | Children and Family Services after performing a check of | ||||||
22 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
23 | operated and maintained by the Department. | ||||||
24 | "Department employee" means a full-time or temporary | ||||||
25 | employee coded or certified within the State of Illinois | ||||||
26 | Personnel System. |
| |||||||
| |||||||
1 | "Department applicant" means an individual who has | ||||||
2 | conditional Department full-time or part-time work, a | ||||||
3 | contractor, an individual used to replace or supplement staff, | ||||||
4 | an academic intern, a volunteer in Department offices or on | ||||||
5 | Department contracts, a work-study student, an individual or | ||||||
6 | entity licensed by the Department, or an unlicensed service | ||||||
7 | provider who works as a condition of a contract or an agreement | ||||||
8 | and whose work may bring the unlicensed service provider into | ||||||
9 | contact with Department clients or client records. | ||||||
10 | (Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; | ||||||
11 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. | ||||||
12 | 8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, | ||||||
13 | eff. 7-12-19; revised 8-1-19.)
| ||||||
14 | (20 ILCS 505/42) | ||||||
15 | Sec. 42. Foster care survey. The Department, in | ||||||
16 | coordination with the Foster Care
Alumni of America Illinois | ||||||
17 | Chapter, the School of Social Work at the University of | ||||||
18 | Illinois at Urbana-Champaign, and the Department's Statewide | ||||||
19 | Youth Advisory Board, shall develop and process a standardized | ||||||
20 | survey to
gather feedback from children who are aging out of | ||||||
21 | foster care and from children who have transitioned out of the
| ||||||
22 | foster care system. The survey shall include requests for | ||||||
23 | information regarding the children's
experience with and | ||||||
24 | opinion of State foster care services, the children's | ||||||
25 | recommendations for improvement
of such services, the amount |
| |||||||
| |||||||
1 | of time the children spent in the foster care system, and any | ||||||
2 | other
information deemed relevant by the Department. After the | ||||||
3 | survey is created
the Department shall circulate the survey to | ||||||
4 | all youth participating in transitional living programs, | ||||||
5 | independent living programs, or Youth in College and to all | ||||||
6 | youth receiving scholarships or tuition waivers under the DCFS | ||||||
7 | Scholarship
Program. The Department shall conduct the survey | ||||||
8 | every 5 years. At the completion of each survey, the | ||||||
9 | Department, in coordination with the Foster Care Alumni of | ||||||
10 | America Illinois Chapter, the School of Social Work at the | ||||||
11 | University of Illinois at Urbana-Champaign, and the | ||||||
12 | Department's Statewide Youth Advisory Board, shall submit a | ||||||
13 | report with a detailed review of the survey results to the | ||||||
14 | Governor and the General Assembly. The first report shall be | ||||||
15 | submitted no later than December 1, 2021 and every 5 years | ||||||
16 | thereafter.
| ||||||
17 | (Source: P.A. 101-166, eff. 1-1-20.)
| ||||||
18 | (20 ILCS 505/43) | ||||||
19 | Sec. 43 42 . Intergovernmental agreement; transitioning | ||||||
20 | youth in care. | ||||||
21 | (a) In order to intercept and divert youth in care from | ||||||
22 | experiencing homelessness, incarceration, unemployment, and | ||||||
23 | other similar outcomes, within 180 days after July 26, 2019 | ||||||
24 | ( the effective date of Public Act 101-167) this amendatory Act | ||||||
25 | of the 101st General Assembly , the Department of Children and |
| |||||||
| |||||||
1 | Family Services, the Department of Human Services, the | ||||||
2 | Department of Healthcare and Family Services, the Illinois | ||||||
3 | State Board of Education, the Department of Juvenile Justice, | ||||||
4 | the Department of Corrections, the Illinois Urban Development | ||||||
5 | Authority, and the Department of Public Health shall enter | ||||||
6 | into an interagency agreement for the purpose of providing | ||||||
7 | preventive services to youth in care and young adults who are | ||||||
8 | aging out of or have recently aged out of the custody or | ||||||
9 | guardianship of the Department of Children and Family | ||||||
10 | Services. | ||||||
11 | (b) The intergovernmental agreement shall require the | ||||||
12 | agencies listed in subsection (a) to: (i) establish an | ||||||
13 | interagency liaison to review cases of youth in care and young | ||||||
14 | adults who are at risk of homelessness, incarceration, or | ||||||
15 | other similar outcomes; and (ii) connect such youth in care | ||||||
16 | and young adults to the appropriate supportive services and | ||||||
17 | treatment programs to stabilize them during their transition | ||||||
18 | out of State care. Under the interagency agreement, the | ||||||
19 | agencies listed in subsection (a) shall determine how best to | ||||||
20 | provide the following supportive services to youth in care and | ||||||
21 | young adults who are at risk of homelessness, incarceration, | ||||||
22 | or other similar outcomes: | ||||||
23 | (1) Housing support. | ||||||
24 | (2) Educational support. | ||||||
25 | (3) Employment support. | ||||||
26 | (c) On January 1, 2021, and each January 1 thereafter, the |
| |||||||
| |||||||
1 | agencies listed in subsection (a) shall submit a report to the | ||||||
2 | General Assembly on the following: | ||||||
3 | (1) The number of youth in care and young adults who | ||||||
4 | were intercepted during the reporting period and the | ||||||
5 | supportive services and treatment programs they were | ||||||
6 | connected with to prevent homelessness, incarnation, or | ||||||
7 | other negative outcomes. | ||||||
8 | (2) The duration of the services the youth in care and | ||||||
9 | young adults received in order to stabilize them during | ||||||
10 | their transition out of State care. | ||||||
11 | (d) Outcomes and data reported annually to the General | ||||||
12 | Assembly. On January 1, 2021 and each January 1 thereafter, | ||||||
13 | the Department of Children and Family Services shall submit a | ||||||
14 | report to the General Assembly on the following: | ||||||
15 | (1) The number of youth in care and young adults who | ||||||
16 | are aging out or have aged out of State care during the | ||||||
17 | reporting period. | ||||||
18 | (2) The length and type of services that were offered | ||||||
19 | to the youth in care and young adults reported under | ||||||
20 | paragraph (1) and the status of those youth in care and | ||||||
21 | young adults.
| ||||||
22 | (Source: P.A. 101-167, eff. 7-26-19; revised 9-17-19.)
| ||||||
23 | Section 95. The Statewide Foster Care Advisory Council Law | ||||||
24 | is amended by changing Section 5-20 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 525/5-20)
| ||||||
2 | Sec. 5-20. Meetings.
| ||||||
3 | (a) Regular meetings of the Statewide Foster Care Advisory | ||||||
4 | Council shall be
held at least quarterly. The meetings shall | ||||||
5 | take place at locations, dates, and
times determined by the | ||||||
6 | Chairperson of the Advisory Council after consultation
with | ||||||
7 | members of the Advisory Council and the Director or the | ||||||
8 | designated
Department staff member.
| ||||||
9 | It shall be the responsibility of the designated | ||||||
10 | Department staff member at
the direction of the Chairperson to | ||||||
11 | give notices of the location, dates, and
time of meetings to | ||||||
12 | each member of the Advisory Council, to the Director,
and to | ||||||
13 | staff consultants at least 30 days prior to each meeting.
| ||||||
14 | Notice of all scheduled meetings shall be in full | ||||||
15 | compliance with the
Illinois Open Meetings Act.
| ||||||
16 | (b) Special meetings of the Advisory Council may be called | ||||||
17 | by the
Chairperson after consultation with members of the | ||||||
18 | Council and the Director
or the designated Department staff | ||||||
19 | member, provided that:
| ||||||
20 | (1) at least 7 days' notice by mail is given the | ||||||
21 | membership;
| ||||||
22 | (2) the notice sets forth the purpose or purposes of | ||||||
23 | the meeting; and
| ||||||
24 | (3) no business is transacted other than that | ||||||
25 | specified in the
notice.
| ||||||
26 | (c) An agenda of scheduled business for deliberation shall |
| |||||||
| |||||||
1 | be developed in
coordination with the Department and the | ||||||
2 | Chairperson and distributed to the
members of the Advisory | ||||||
3 | Council at least 7 days prior to a scheduled
meeting of the | ||||||
4 | Council.
| ||||||
5 | (d) If a member is absent from 2 consecutive meetings or | ||||||
6 | has not
continued to make a significant contribution as | ||||||
7 | evidenced by involvement in
council activities, membership | ||||||
8 | termination may be recommended by the
Chairperson to the | ||||||
9 | Director. The member shall be terminated and notified in
| ||||||
10 | writing. Members shall submit written confirmation of good | ||||||
11 | cause to the
Chairperson or designated Department staff member | ||||||
12 | when a meeting has been
missed.
| ||||||
13 | (Source: P.A. 89-19, eff. 6-3-95; revised 7-12-19.)
| ||||||
14 | Section 100. The Department of Commerce and Economic | ||||||
15 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
16 | is amended by renumbering and changing Section 913, by setting | ||||||
17 | forth and renumbering multiple versions of Sections 605-1025 | ||||||
18 | and 605-1045, and by changing Section 605-1030 as follows:
| ||||||
19 | (20 ILCS 605/605-913) | ||||||
20 | Sec. 605-913 913 . Clean Water Workforce Pipeline Program. | ||||||
21 | (a) The General Assembly finds the following: | ||||||
22 | (1) The fresh surface water and groundwater supply in | ||||||
23 | Illinois and Lake Michigan constitute vital natural | ||||||
24 | resources that require careful stewardship and protection |
| |||||||
| |||||||
1 | for future generations. Access to safe and clean drinking | ||||||
2 | water is the right of all Illinois residents. | ||||||
3 | (2) To adequately protect these resources and provide | ||||||
4 | safe and clean drinking water, substantial investment is | ||||||
5 | needed to replace lead components in drinking water | ||||||
6 | infrastructure, improve wastewater treatment, flood | ||||||
7 | control, and stormwater management, control aquatic | ||||||
8 | invasive species, implement green infrastructure | ||||||
9 | solutions, and implement other infrastructure solutions to | ||||||
10 | protect water quality. | ||||||
11 | (3) Implementing these clean water solutions will | ||||||
12 | require a skilled and trained workforce, and new | ||||||
13 | investments will demand additional workers with | ||||||
14 | specialized skills. | ||||||
15 | (4) Water infrastructure jobs have been shown to | ||||||
16 | provide living wages and contribute to Illinois' economy. | ||||||
17 | (5) Significant populations of Illinois residents, | ||||||
18 | including, but not limited to, residents of environmental | ||||||
19 | justice communities, economically and socially | ||||||
20 | disadvantaged communities, those returning from the | ||||||
21 | criminal justice system, foster care alumni, and in | ||||||
22 | particular women and transgender persons, are in need of | ||||||
23 | access to skilled living wage jobs like those in the water | ||||||
24 | infrastructure sector. | ||||||
25 | (6) Many of these residents are more likely to live in | ||||||
26 | communities with aging and inadequate clean water |
| |||||||
| |||||||
1 | infrastructure and suffer from threats to surface and | ||||||
2 | drinking water quality. | ||||||
3 | (7) The State can provide significant economic | ||||||
4 | opportunities to these residents and achieve greater | ||||||
5 | environmental and public health by investing in clean | ||||||
6 | water infrastructure. | ||||||
7 | (8) New training, recruitment, support, and placement | ||||||
8 | efforts are needed to connect these residents with career | ||||||
9 | opportunities in water infrastructure. | ||||||
10 | (9) The State must invest in both clean water | ||||||
11 | infrastructure and workforce development efforts in order | ||||||
12 | to achieve these goals. | ||||||
13 | (b) From appropriations made from the Build Illinois Bond | ||||||
14 | Fund, Capital Development Fund, or General Revenue Fund or | ||||||
15 | other funds as identified by the Department, the Department | ||||||
16 | shall create a Clean Water Workforce Pipeline Program to | ||||||
17 | provide grants and other financial assistance to prepare and | ||||||
18 | support individuals for careers in water infrastructure. All | ||||||
19 | funding provided by the Program under this Section shall be | ||||||
20 | designed to encourage and facilitate employment in projects | ||||||
21 | funded through State capital investment and provide | ||||||
22 | participants a skill set to allow them to work professionally | ||||||
23 | in fields related to water infrastructure. | ||||||
24 | Grants and other financial assistance may be made | ||||||
25 | available on a competitive annual basis to organizations that | ||||||
26 | demonstrate a capacity to recruit, support, train, and place |
| |||||||
| |||||||
1 | individuals in water infrastructure careers, including, but | ||||||
2 | not limited to, community organizations, educational | ||||||
3 | institutions, workforce investment boards, community action | ||||||
4 | agencies, and multi-craft labor organizations for new efforts | ||||||
5 | specifically focused on engaging residents of environmental | ||||||
6 | justice communities, economically and socially disadvantaged | ||||||
7 | communities, those returning from the criminal justice system, | ||||||
8 | foster care alumni, and in particular women and transgender | ||||||
9 | persons in these populations. | ||||||
10 | Grants and other financial assistance shall be awarded on | ||||||
11 | a competitive and annual basis for the following activities: | ||||||
12 | (1) identification of individuals for job training in | ||||||
13 | the water sector; | ||||||
14 | (2) counseling, preparation, skills training, and | ||||||
15 | other support to increase a candidate's likelihood of | ||||||
16 | success in a job training program and career; | ||||||
17 | (3) financial support for individuals in a water | ||||||
18 | sector job skills training program, support services, and | ||||||
19 | transportation assistance tied to training under this | ||||||
20 | Section; | ||||||
21 | (4) job placement services for individuals during and | ||||||
22 | after completion of water sector job skills training | ||||||
23 | programs; and | ||||||
24 | (5) financial, administrative, and management | ||||||
25 | assistance for organizations engaged in these activities. | ||||||
26 | (c) It shall be an annual goal of the Program to train and |
| |||||||
| |||||||
1 | place at least 300, or 25% of the number of annual jobs created | ||||||
2 | by State financed water infrastructure projects, whichever is | ||||||
3 | greater, of the following persons in water sector-related | ||||||
4 | apprenticeships annually: residents of environmental justice | ||||||
5 | communities; residents of economically and socially | ||||||
6 | disadvantaged communities; those returning from the criminal | ||||||
7 | justice system; foster care alumni; and, in particular, women | ||||||
8 | and transgender persons. In awarding and administering grants | ||||||
9 | under this Program, the Department shall strive to provide | ||||||
10 | assistance equitably throughout the State. | ||||||
11 | In order to encourage the employment of individuals | ||||||
12 | trained through the Program onto projects receiving State | ||||||
13 | financial assistance, the Department shall coordinate with the | ||||||
14 | Illinois Environmental Protection Agency, the Illinois Finance | ||||||
15 | Authority, and other State agencies that provide financial | ||||||
16 | support for water infrastructure projects. These agencies | ||||||
17 | shall take steps to support attaining the training and | ||||||
18 | placement goals set forth in this subsection, using a list of | ||||||
19 | projects that receive State financial support. These agencies | ||||||
20 | may propose and adopt rules to facilitate the attainment of | ||||||
21 | this goal. | ||||||
22 | Using funds appropriated for the purposes of this Section, | ||||||
23 | the Department may select through a competitive bidding | ||||||
24 | process a Program Administrator to oversee the allocation of | ||||||
25 | funds and select organizations that receive funding. | ||||||
26 | Recipients of grants under the Program shall report |
| |||||||
| |||||||
1 | annually to the Department on the success of their efforts and | ||||||
2 | their contribution to reaching the goals of the Program | ||||||
3 | provided in this subsection. The Department shall compile this | ||||||
4 | information and annually report to the General Assembly on the | ||||||
5 | Program, including, but not limited to, the following | ||||||
6 | information: | ||||||
7 | (1) progress toward the goals stated in this | ||||||
8 | subsection; | ||||||
9 | (2) any increase in the percentage of water industry | ||||||
10 | jobs in targeted populations; | ||||||
11 | (3) any increase in the rate of acceptance, | ||||||
12 | completion, or retention of water training programs among | ||||||
13 | targeted populations; | ||||||
14 | (4) any increase in the rate of employment, including | ||||||
15 | hours and annual income, measured against pre-Program | ||||||
16 | participant income; and | ||||||
17 | (5) any recommendations for future changes to optimize | ||||||
18 | the success of the Program. | ||||||
19 | (d) Within 90 days after January 1, 2020 ( the effective | ||||||
20 | date of Public Act 101-576) this amendatory Act of the 101st | ||||||
21 | General Assembly , the Department shall propose a draft plan to | ||||||
22 | implement this Section for public comment. The Department | ||||||
23 | shall allow a minimum of 60 days for public comment on the | ||||||
24 | plan, including one or more public hearings, if requested. The | ||||||
25 | Department shall finalize the plan within 180 days of January | ||||||
26 | 1, 2020 ( the effective date of Public Act 101-576) this |
| |||||||
| |||||||
1 | amendatory Act of the 101st General Assembly . | ||||||
2 | The Department may propose and adopt any rules necessary | ||||||
3 | for the implementation of the Program and to ensure compliance | ||||||
4 | with this Section. | ||||||
5 | (e) The Water Workforce Development Fund is created as a | ||||||
6 | special fund in the State treasury. The Fund shall receive | ||||||
7 | moneys appropriated for the purpose of this Section from the | ||||||
8 | Build Illinois Bond Fund, the Capital Development Fund, the | ||||||
9 | General Revenue Fund and any other funds. Moneys in the Fund | ||||||
10 | shall only be used to fund the Program and to assist and enable | ||||||
11 | implementation of clean water infrastructure capital | ||||||
12 | investments. Notwithstanding any other law to the contrary, | ||||||
13 | the Water Workforce Development Fund is not subject to sweeps, | ||||||
14 | administrative charge-backs, or any other fiscal or budgetary | ||||||
15 | maneuver that would in any way transfer any amounts from the | ||||||
16 | Water Workforce Development Fund into any other fund of the | ||||||
17 | State. | ||||||
18 | (f) For purpose of this Section: | ||||||
19 | "Environmental justice community" has the meaning provided | ||||||
20 | in subsection (b) of Section 1-50 of the Illinois Power Agency | ||||||
21 | Act. | ||||||
22 | "Multi-craft labor organization" means a joint | ||||||
23 | labor-management apprenticeship program registered with and | ||||||
24 | approved by the United States Department of Labor's Office of | ||||||
25 | Apprenticeship or a labor organization that has an accredited | ||||||
26 | training program through the Higher Learning Commission or the |
| |||||||
| |||||||
1 | Illinois Community College Board. | ||||||
2 | "Organization" means a corporation, company, partnership, | ||||||
3 | association, society, order, labor organization, or individual | ||||||
4 | or aggregation of individuals.
| ||||||
5 | (Source: P.A. 101-576, eff. 1-1-20; revised 11-21-19.)
| ||||||
6 | (20 ILCS 605/605-1025) | ||||||
7 | Sec. 605-1025. Data center investment. | ||||||
8 | (a) The Department shall issue certificates of exemption | ||||||
9 | from the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
10 | Service Use Tax Act, and the Service Occupation Tax Act, all | ||||||
11 | locally-imposed retailers' occupation taxes administered and | ||||||
12 | collected by the Department, the Chicago non-titled Use Tax, | ||||||
13 | and a credit certification against the taxes imposed under | ||||||
14 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
15 | Tax Act to qualifying Illinois data centers. | ||||||
16 | (b) For taxable years beginning on or after January 1, | ||||||
17 | 2019, the Department shall award credits against the taxes | ||||||
18 | imposed under subsections (a) and (b) of Section 201 of the | ||||||
19 | Illinois Income Tax Act as provided in Section 229 of the | ||||||
20 | Illinois Income Tax Act. | ||||||
21 | (c) For purposes of this Section: | ||||||
22 | "Data center" means a facility: (1) whose primary | ||||||
23 | services are the storage, management, and processing of | ||||||
24 | digital data; and (2) that is used to house (i) computer | ||||||
25 | and network systems, including associated components such |
| |||||||
| |||||||
1 | as servers, network equipment and appliances, | ||||||
2 | telecommunications, and data storage systems, (ii) systems | ||||||
3 | for monitoring and managing infrastructure performance, | ||||||
4 | (iii) Internet-related equipment and services, (iv) data | ||||||
5 | communications connections, (v) environmental controls, | ||||||
6 | (vi) fire protection systems, and (vii) security systems | ||||||
7 | and services. | ||||||
8 | "Qualifying Illinois data center" means a new or | ||||||
9 | existing data center that: | ||||||
10 | (1) is located in the State of Illinois; | ||||||
11 | (2) in the case of an existing data center, made a | ||||||
12 | capital investment of at least $250,000,000 | ||||||
13 | collectively by the data center operator and the | ||||||
14 | tenants of the data center over the 60-month period | ||||||
15 | immediately prior to January 1, 2020 or committed to | ||||||
16 | make a capital investment of at least $250,000,000 | ||||||
17 | over a 60-month period commencing before January 1, | ||||||
18 | 2020 and ending after January 1, 2020; or | ||||||
19 | (3) in the case of a new data center, or an | ||||||
20 | existing data center making an upgrade, makes a | ||||||
21 | capital investment of at least $250,000,000 over a | ||||||
22 | 60-month period beginning on or after January 1, 2020; | ||||||
23 | and | ||||||
24 | (4) in the case of both existing and new data | ||||||
25 | centers, results in the creation of at least 20 | ||||||
26 | full-time or full-time equivalent new jobs over a |
| |||||||
| |||||||
1 | period of 60 months by the data center operator and the | ||||||
2 | tenants of the data center, collectively, associated | ||||||
3 | with the operation or maintenance of the data center; | ||||||
4 | those jobs must have a total compensation equal to or | ||||||
5 | greater than 120% of the average wage paid to | ||||||
6 | full-time employees in the county where the data | ||||||
7 | center is located, as determined by the U.S. Bureau of | ||||||
8 | Labor Statistics; and | ||||||
9 | (5) within 90 days after being placed in service, | ||||||
10 | certifies to the Department that it is carbon neutral | ||||||
11 | or has attained certification under one or more of the | ||||||
12 | following green building standards: | ||||||
13 | (A) BREEAM for New Construction or BREEAM | ||||||
14 | In-Use; | ||||||
15 | (B) ENERGY STAR; | ||||||
16 | (C) Envision; | ||||||
17 | (D) ISO 50001-energy management; | ||||||
18 | (E) LEED for Building Design and Construction | ||||||
19 | or LEED for Operations and Maintenance; | ||||||
20 | (F) Green Globes for New Construction or Green | ||||||
21 | Globes for Existing Buildings; | ||||||
22 | (G) UL 3223; or | ||||||
23 | (H) an equivalent program approved by the | ||||||
24 | Department of Commerce and Economic Opportunity. | ||||||
25 | "Full-time equivalent job" means a job in which the | ||||||
26 | new employee works for the owner, operator, contractor, or |
| |||||||
| |||||||
1 | tenant of a data center or for a corporation under | ||||||
2 | contract with the owner, operator or tenant of a data | ||||||
3 | center at a rate of at least 35 hours per week. An owner, | ||||||
4 | operator or tenant who employs labor or services at a | ||||||
5 | specific site or facility under contract with another may | ||||||
6 | declare one full-time, permanent job for every 1,820 man | ||||||
7 | hours worked per year under that contract. Vacations, paid | ||||||
8 | holidays, and sick time are included in this computation. | ||||||
9 | Overtime is not considered a part of regular hours. | ||||||
10 | "Qualified tangible personal property" means: | ||||||
11 | electrical systems and equipment; climate control and | ||||||
12 | chilling equipment and systems; mechanical systems and | ||||||
13 | equipment; monitoring and secure systems; emergency | ||||||
14 | generators; hardware; computers; servers; data storage | ||||||
15 | devices; network connectivity equipment; racks; cabinets; | ||||||
16 | telecommunications cabling infrastructure; raised floor | ||||||
17 | systems; peripheral components or systems; software; | ||||||
18 | mechanical, electrical, or plumbing systems; battery | ||||||
19 | systems; cooling systems and towers; temperature control | ||||||
20 | systems; other cabling; and other data center | ||||||
21 | infrastructure equipment and systems necessary to operate | ||||||
22 | qualified tangible personal property, including fixtures; | ||||||
23 | and component parts of any of the foregoing, including | ||||||
24 | installation, maintenance, repair, refurbishment, and | ||||||
25 | replacement of qualified tangible personal property to | ||||||
26 | generate, transform, transmit, distribute, or manage |
| |||||||
| |||||||
1 | electricity necessary to operate qualified tangible | ||||||
2 | personal property; and all other tangible personal | ||||||
3 | property that is essential to the operations of a computer | ||||||
4 | data center. "Qualified tangible personal property" also | ||||||
5 | includes building materials physically incorporated in to | ||||||
6 | the qualifying data center. | ||||||
7 | To document the exemption allowed under this Section, the | ||||||
8 | retailer must obtain from the purchaser a copy of the | ||||||
9 | certificate of eligibility issued by the Department. | ||||||
10 | (d) New and existing data centers seeking a certificate of | ||||||
11 | exemption for new or existing facilities shall apply to the | ||||||
12 | Department in the manner specified by the Department. The | ||||||
13 | Department shall determine the duration of the certificate of | ||||||
14 | exemption awarded under this Act. The duration of the | ||||||
15 | certificate of exemption may not exceed 20 calendar years. The | ||||||
16 | Department and any data center seeking the exemption, | ||||||
17 | including a data center operator on behalf of itself and its | ||||||
18 | tenants, must enter into a memorandum of understanding that at | ||||||
19 | a minimum provides: | ||||||
20 | (1) the details for determining the amount of capital | ||||||
21 | investment to be made; | ||||||
22 | (2) the number of new jobs created; | ||||||
23 | (3) the timeline for achieving the capital investment | ||||||
24 | and new job goals; | ||||||
25 | (4) the repayment obligation should those goals not be | ||||||
26 | achieved and any conditions under which repayment by the |
| |||||||
| |||||||
1 | qualifying data center or data center tenant claiming the | ||||||
2 | exemption will be required; | ||||||
3 | (5) the duration of the exemption; and | ||||||
4 | (6) other provisions as deemed necessary by the | ||||||
5 | Department. | ||||||
6 | (e) Beginning July 1, 2021, and each year thereafter, the | ||||||
7 | Department shall annually report to the Governor and the | ||||||
8 | General Assembly on the outcomes and effectiveness of Public | ||||||
9 | Act 101-31 that shall include the following: | ||||||
10 | (1) the name of each recipient business; | ||||||
11 | (2) the location of the project; | ||||||
12 | (3) the estimated value of the credit; | ||||||
13 | (4) the number of new jobs and, if applicable, | ||||||
14 | retained jobs pledged as a result of the project; and | ||||||
15 | (5) whether or not the project is located in an | ||||||
16 | underserved area. | ||||||
17 | (f) New and existing data centers seeking a certificate of | ||||||
18 | exemption related to the rehabilitation or construction of | ||||||
19 | data centers in the State shall require the contractor and all | ||||||
20 | subcontractors to comply with the requirements of Section | ||||||
21 | 30-22 of the Illinois Procurement Code as they apply to | ||||||
22 | responsible bidders and to present satisfactory evidence of | ||||||
23 | that compliance to the Department. | ||||||
24 | (g) New and existing data centers seeking a certificate of | ||||||
25 | exemption for the rehabilitation or construction of data | ||||||
26 | centers in the State shall require the contractor to enter |
| |||||||
| |||||||
1 | into a project labor agreement approved by the Department. | ||||||
2 | (h) Any qualifying data center issued a certificate of | ||||||
3 | exemption under this Section must annually report to the | ||||||
4 | Department the total data center tax benefits that are | ||||||
5 | received by the business. Reports are due no later than May 31 | ||||||
6 | of each year and shall cover the previous calendar year. The | ||||||
7 | first report is for the 2019 calendar year and is due no later | ||||||
8 | than May 31, 2020. | ||||||
9 | To the extent that a business issued a certificate of | ||||||
10 | exemption under this Section has obtained an Enterprise Zone | ||||||
11 | Building Materials Exemption Certificate or a High Impact | ||||||
12 | Business Building Materials Exemption Certificate, no | ||||||
13 | additional reporting for those building materials exemption | ||||||
14 | benefits is required under this Section. | ||||||
15 | Failure to file a report under this subsection (h) may | ||||||
16 | result in suspension or revocation of the certificate of | ||||||
17 | exemption. Factors to be considered in determining whether a | ||||||
18 | data center certificate of exemption shall be suspended or | ||||||
19 | revoked include, but are not limited to, prior compliance with | ||||||
20 | the reporting requirements, cooperation in discontinuing and | ||||||
21 | correcting violations, the extent of the violation, and | ||||||
22 | whether the violation was willful or inadvertent. | ||||||
23 | (i) The Department shall not issue any new certificates of | ||||||
24 | exemption under the provisions of this Section after July 1, | ||||||
25 | 2029. This sunset shall not affect any existing certificates | ||||||
26 | of exemption in effect on July 1, 2029.
|
| |||||||
| |||||||
1 | (j) The Department shall adopt rules to implement and | ||||||
2 | administer this Section. | ||||||
3 | (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
| ||||||
4 | (20 ILCS 605/605-1030) | ||||||
5 | Sec. 605-1030. Human Services Capital Investment Grant | ||||||
6 | Program. | ||||||
7 | (a) The Department of Commerce and Economic Opportunity, | ||||||
8 | in coordination with the Department of Human Services, shall | ||||||
9 | establish a Human Services Capital Investment Grant Program. | ||||||
10 | The Department shall, subject to appropriation, make capital | ||||||
11 | improvement grants to human services providers serving | ||||||
12 | low-income or marginalized populations. The Build Illinois | ||||||
13 | Bond Fund and the Rebuild Illinois Projects Fund shall be the | ||||||
14 | sources of funding for the program. Eligible grant recipients | ||||||
15 | shall be human services providers that offer facilities and | ||||||
16 | services in a manner that supports and fulfills the mission of | ||||||
17 | the Department of Human Services. Eligible grant recipients | ||||||
18 | include, but are not limited to, domestic violence shelters, | ||||||
19 | rape crisis centers, comprehensive youth services, teen REACH | ||||||
20 | providers, supportive housing providers, developmental | ||||||
21 | disability community providers, behavioral health providers, | ||||||
22 | and other community-based providers. Eligible grant recipients | ||||||
23 | have no entitlement to a grant under this Section. | ||||||
24 | (b) The Department, in consultation with the Department of | ||||||
25 | Human Services, shall adopt rules to implement this Section |
| |||||||
| |||||||
1 | and shall create a competitive application procedure for | ||||||
2 | grants to be awarded. The rules shall specify the manner of | ||||||
3 | applying for grants; grantee eligibility requirements; project | ||||||
4 | eligibility requirements; restrictions on the use of grant | ||||||
5 | moneys; the manner in which grantees must account for the use | ||||||
6 | of grant moneys; and any other provision that the Department | ||||||
7 | of Commerce and Economic Opportunity or Department of Human | ||||||
8 | Services determine to be necessary or useful for the | ||||||
9 | administration of this Section. Rules may include a | ||||||
10 | requirement for grantees to provide local matching funds in an | ||||||
11 | amount equal to a specific percentage of the grant. | ||||||
12 | (c) The Department of Human Services shall establish | ||||||
13 | standards for determining the priorities concerning the | ||||||
14 | necessity for capital facilities for the provision of human | ||||||
15 | services based on data available to the Department. | ||||||
16 | (d) No portion of a human services capital investment | ||||||
17 | grant awarded under this Section may be used by a grantee to | ||||||
18 | pay for any on-going operational costs or outstanding debt.
| ||||||
19 | (Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; | ||||||
20 | revised 8-18-20.)
| ||||||
21 | (20 ILCS 605/605-1035) | ||||||
22 | Sec. 605-1035 605-1025 . Training in the Building Trades | ||||||
23 | Program. | ||||||
24 | (a) Subject to appropriation, the Department of Commerce | ||||||
25 | and Economic Opportunity may establish a Training in the |
| |||||||
| |||||||
1 | Building Trades Program to award grants to community-based | ||||||
2 | organizations for the purpose of establishing training | ||||||
3 | programs for persons who are 18 through 35 years of age and | ||||||
4 | have an interest in the building trades. Persons eligible to | ||||||
5 | participate in the Program shall include youth who have aged | ||||||
6 | out of foster care and have an interest in the building trades. | ||||||
7 | The Department of Children and Family Services, in | ||||||
8 | consultation with the Department of Commerce and Economic | ||||||
9 | Opportunity, shall identify and refer eligible youth to those | ||||||
10 | community-based organizations that receive grants under this | ||||||
11 | Section. Under the training programs, each participating | ||||||
12 | person shall receive the following: | ||||||
13 | (1) Formal training and education in the fundamentals | ||||||
14 | and core competencies in the person's chosen trade. Such | ||||||
15 | training and education shall be provided by a trained and | ||||||
16 | skilled tradesman or journeyman who is a member of a trade | ||||||
17 | union and who is paid the general prevailing rate of | ||||||
18 | hourly wages in the locality in which the work is to be | ||||||
19 | performed. | ||||||
20 | (2) Hands-on experience to further develop the | ||||||
21 | person's building trade skills by participating in | ||||||
22 | community improvement projects involving the | ||||||
23 | rehabilitation of vacant and abandoned residential | ||||||
24 | property in economically depressed areas of the State. | ||||||
25 | Selected organizations shall also use the grant money to | ||||||
26 | establish an entrepreneurship program to provide eligible |
| |||||||
| |||||||
1 | persons with the capital and business management skills | ||||||
2 | necessary to successfully launch their own businesses as | ||||||
3 | contractors, subcontractors, real estate agents, or property | ||||||
4 | managers or as any other entrepreneurs in the building trades. | ||||||
5 | Eligibility under the entrepreneurship program shall be | ||||||
6 | restricted to persons who reside in one of the economically | ||||||
7 | depressed areas selected to receive community improvement | ||||||
8 | projects in accordance with this subsection and who have | ||||||
9 | obtained the requisite skill set for a particular building | ||||||
10 | trade after successfully completing a training program | ||||||
11 | established in accordance with this subsection. Grants | ||||||
12 | provided under this Section may also be used to purchase the | ||||||
13 | equipment and materials needed to rehabilitate any vacant and | ||||||
14 | abandoned residential property that is eligible for | ||||||
15 | acquisition as described in subsection (b). | ||||||
16 | (b) Property eligible for acquisition and rehabilitation | ||||||
17 | under the Training in the Building Trades Program. | ||||||
18 | (1) A community-based organization that is selected to | ||||||
19 | participate in the Training in the Building Trades Program | ||||||
20 | may enter into an agreement with a financial institution | ||||||
21 | to rehabilitate abandoned residential property in | ||||||
22 | foreclosure with the express condition that, after the | ||||||
23 | rehabilitation project is complete, the financial | ||||||
24 | institution shall: | ||||||
25 | (A) sell the residential property for no less than | ||||||
26 | its fair market value; and |
| |||||||
| |||||||
1 | (B) use any proceeds from the sale to (i) | ||||||
2 | reimburse the community-based organization for all | ||||||
3 | costs associated with rehabilitating the property and | ||||||
4 | (ii) make satisfactory payment for any other claims | ||||||
5 | against the property. Any remaining sale proceeds of | ||||||
6 | the residential property shall be retained by the | ||||||
7 | financial institution. | ||||||
8 | (2)(A) A unit of local government may enact an | ||||||
9 | ordinance that permits the acquisition and rehabilitation | ||||||
10 | of abandoned residential property under the Training in | ||||||
11 | the Building Trades Program. Under the ordinance, any | ||||||
12 | owner of residential property that has been abandoned for | ||||||
13 | at least 3 years shall be notified that the abandoned | ||||||
14 | property is subject to acquisition and rehabilitation | ||||||
15 | under the Program and that if the owner does not respond to | ||||||
16 | the notice within the time period prescribed by the unit | ||||||
17 | of local government, the owner shall lose all right, | ||||||
18 | title, and interest in the property. Such notice shall be | ||||||
19 | given as follows: | ||||||
20 | (i) by mailing a copy of the notice by certified | ||||||
21 | mail to the owner's last known mailing address; | ||||||
22 | (ii) by publication in a newspaper published in | ||||||
23 | the municipality or county where the property is | ||||||
24 | located; and | ||||||
25 | (iii) by recording the notice with the office of | ||||||
26 | the recorder of the county in which the property is |
| |||||||
| |||||||
1 | located. | ||||||
2 | (B) If the owner responds to the notice within the | ||||||
3 | time period prescribed by the unit of local government, | ||||||
4 | the owner shall be given the option to either bring the | ||||||
5 | property into compliance with all applicable fire, | ||||||
6 | housing, and building codes within 6 months or enter into | ||||||
7 | an agreement with a community-based organization under the | ||||||
8 | Program to rehabilitate the residential property. If the | ||||||
9 | owner chooses to enter into an agreement with a | ||||||
10 | community-based organization to rehabilitate the | ||||||
11 | residential property, such agreement shall be made with | ||||||
12 | the express condition that, after the rehabilitation | ||||||
13 | project is complete, the owner shall: | ||||||
14 | (i) sell the residential property for no less than | ||||||
15 | its fair market value; and | ||||||
16 | (ii) use any proceeds from the sale to (a) | ||||||
17 | reimburse the community-based organization for all | ||||||
18 | costs associated with rehabilitating the property and | ||||||
19 | (b) make satisfactory payment for any other claims | ||||||
20 | against the property. Any remaining sale proceeds of | ||||||
21 | the residential property shall be distributed as | ||||||
22 | follows: | ||||||
23 | (I) 20% shall be distributed to the owner. | ||||||
24 | (II) 80% shall be deposited into the Training | ||||||
25 | in the Building Trades Fund created under | ||||||
26 | subsection (e). |
| |||||||
| |||||||
1 | (c) The Department of Commerce and Economic Opportunity | ||||||
2 | shall select from each of the following geographical regions | ||||||
3 | of the State a community-based organization with experience | ||||||
4 | working with the building trades: | ||||||
5 | (1) Central Illinois. | ||||||
6 | (2) Northeastern Illinois. | ||||||
7 | (3) Southern (Metro-East) Illinois. | ||||||
8 | (4) Southern Illinois. | ||||||
9 | (5) Western Illinois. | ||||||
10 | (d) Grants awarded under this Section shall be funded | ||||||
11 | through appropriations from the Training in the Building | ||||||
12 | Trades Fund created under subsection (e). The Department of | ||||||
13 | Commerce and Economic Opportunity may adopt any rules | ||||||
14 | necessary to implement the provisions of this Section. | ||||||
15 | (e) The Training in the Building Trades Fund is created as | ||||||
16 | a special fund in the State treasury. The Fund shall consist of | ||||||
17 | any moneys deposited into the Fund as provided in subparagraph | ||||||
18 | (B) of paragraph (2) of subsection (b) and any moneys | ||||||
19 | appropriated to the Department of Commerce and Economic | ||||||
20 | Opportunity for the Training in the Building Trades Program. | ||||||
21 | Moneys in the Fund shall be expended for the Training in the | ||||||
22 | Building Trades Program under subsection (a) and for no other | ||||||
23 | purpose. All interest earned on moneys in the Fund shall be | ||||||
24 | deposited into the Fund.
| ||||||
25 | (Source: P.A. 101-469, eff. 1-1-20; revised 10-18-19.)
|
| |||||||
| |||||||
1 | (20 ILCS 605/605-1040) | ||||||
2 | Sec. 605-1040 605-1025 . Assessment of marketing programs. | ||||||
3 | The Department shall, in consultation with the General | ||||||
4 | Assembly, complete an assessment of its current practices | ||||||
5 | related to marketing programs administered by the Department | ||||||
6 | and the extent to which the Department assists Illinois | ||||||
7 | residents in the use and coordination of programs offered by | ||||||
8 | the Department. That assessment shall be completed by December | ||||||
9 | 31, 2019. | ||||||
10 | Upon review of the assessment, if the Department, in | ||||||
11 | consultation with the General Assembly, concludes that a | ||||||
12 | Citizens Services Coordinator is needed to assist Illinois | ||||||
13 | residents in obtaining services and programs offered by the | ||||||
14 | Department, then the Department may, subject to appropriation, | ||||||
15 | hire an individual to serve as a Citizens Services | ||||||
16 | Coordinator. The Citizens Services Coordinator shall assist | ||||||
17 | Illinois residents seeking out and obtaining services and | ||||||
18 | programs offered by the Department and shall monitor resident | ||||||
19 | inquiries to determine which services are most in demand on a | ||||||
20 | regional basis.
| ||||||
21 | (Source: P.A. 101-497, eff. 1-1-20; revised 10-18-19.)
| ||||||
22 | (20 ILCS 605/605-1045) | ||||||
23 | Sec. 605-1045. (Repealed). | ||||||
24 | (Source: P.A. 101-640, eff. 6-12-20. Repealed internally, eff. | ||||||
25 | 12-31-20.)
|
| |||||||
| |||||||
1 | (20 ILCS 605/605-1047) | ||||||
2 | Sec. 605-1047 605-1045 . Local Coronavirus Urgent | ||||||
3 | Remediation Emergency (or Local CURE) Support Program. | ||||||
4 | (a) Purpose. The Department may receive, directly or | ||||||
5 | indirectly, federal funds from the Coronavirus Relief Fund | ||||||
6 | provided to the State pursuant to Section 5001 of the federal | ||||||
7 | Coronavirus Aid, Relief, and Economic Security (CARES) Act to | ||||||
8 | provide financial support to units of local government for | ||||||
9 | purposes authorized by Section 5001 of the federal Coronavirus | ||||||
10 | Aid, Relief, and Economic Security (CARES) Act and related | ||||||
11 | federal guidance. Upon receipt of such funds, and | ||||||
12 | appropriations for their use, the Department shall administer | ||||||
13 | a Local Coronavirus Urgent Remediation Emergency (or Local | ||||||
14 | CURE) Support Program to provide financial support to units of | ||||||
15 | local government that have incurred necessary expenditures due | ||||||
16 | to the COVID-19 public health emergency. The Department shall | ||||||
17 | provide by rule the administrative framework for the Local | ||||||
18 | CURE Support Program. | ||||||
19 | (b) Allocations. A portion of the funds appropriated for | ||||||
20 | the Local CURE Support Program may be allotted to | ||||||
21 | municipalities and counties based on proportionate population. | ||||||
22 | Units of local government, or portions thereof, located within | ||||||
23 | the five Illinois counties that received direct allotments | ||||||
24 | from the federal Coronavirus Relief Fund will not be included | ||||||
25 | in the support program allotments. The Department may |
| |||||||
| |||||||
1 | establish other administrative procedures for providing | ||||||
2 | financial support to units of local government. Appropriated | ||||||
3 | funds may be used for administration of the support program, | ||||||
4 | including the hiring of a service provider to assist with | ||||||
5 | coordination and administration. | ||||||
6 | (c) Administrative Procedures. The Department may | ||||||
7 | establish administrative procedures for the support program, | ||||||
8 | including any application procedures, grant agreements, | ||||||
9 | certifications, payment methodologies, and other | ||||||
10 | accountability measures that may be imposed upon recipients of | ||||||
11 | funds under the grant program. Financial support may be | ||||||
12 | provided in the form of grants or in the form of expense | ||||||
13 | reimbursements for disaster-related expenditures. The | ||||||
14 | emergency rulemaking process may be used to promulgate the | ||||||
15 | initial rules of the grant program. | ||||||
16 | (d) Definitions. As used in this Section: | ||||||
17 | (1) "COVID-19" means the novel coronavirus virus | ||||||
18 | disease deemed COVID-19 by the World Health Organization | ||||||
19 | on February 11, 2020. | ||||||
20 | (2) "Local government" or "unit of local government" | ||||||
21 | means any unit of local government as defined in Article | ||||||
22 | VII, Section 1 of the Illinois Constitution. | ||||||
23 | (3) "Third party administrator" means a service | ||||||
24 | provider selected by the Department to provide operational | ||||||
25 | assistance with the administration of the support program. | ||||||
26 | (e) Powers of the Department. The Department has the power |
| |||||||
| |||||||
1 | to: | ||||||
2 | (1) Provide financial support to eligible units of | ||||||
3 | local government with funds appropriated from the Local | ||||||
4 | Coronavirus Urgent Remediation Emergency (Local CURE) Fund | ||||||
5 | to cover necessary costs incurred due to the COVID-19 | ||||||
6 | public health emergency that are eligible to be paid using | ||||||
7 | federal funds from the Coronavirus Relief Fund. | ||||||
8 | (2) Enter into agreements, accept funds, issue grants | ||||||
9 | or expense reimbursements, and engage in cooperation with | ||||||
10 | agencies of the federal government and units of local | ||||||
11 | governments to carry out the purposes of this support | ||||||
12 | program, and to use funds appropriated from the Local | ||||||
13 | Coronavirus Urgent Remediation Emergency (Local CURE) Fund | ||||||
14 | fund upon such terms and conditions as may be established | ||||||
15 | by the federal government and the Department. | ||||||
16 | (3) Enter into agreements with third-party | ||||||
17 | administrators to assist the state with operational | ||||||
18 | assistance and administrative functions related to review | ||||||
19 | of documentation and processing of financial support | ||||||
20 | payments to units of local government. | ||||||
21 | (4) Establish applications, notifications, contracts, | ||||||
22 | and procedures and adopt rules deemed necessary and | ||||||
23 | appropriate to carry out the provisions of this Section. | ||||||
24 | To provide for the expeditious and timely implementation | ||||||
25 | of this Act, emergency rules to implement any provision of | ||||||
26 | this Section may be adopted by the Department subject to |
| |||||||
| |||||||
1 | the provisions of Section 5-45 of the Illinois | ||||||
2 | Administrative Procedure Act. | ||||||
3 | (5) Provide staff, administration, and related support | ||||||
4 | required to manage the support program and pay for the | ||||||
5 | staffing, administration, and related support with funds | ||||||
6 | appropriated from the Local Coronavirus Urgent Remediation | ||||||
7 | Emergency (Local CURE) Fund. | ||||||
8 | (6) Exercise such other powers as are necessary or | ||||||
9 | incidental to the foregoing. | ||||||
10 | (f) Local CURE Financial Support to Local Governments.
The | ||||||
11 | Department is authorized to provide financial support to | ||||||
12 | eligible units of local government including, but not limited | ||||||
13 | to, certified local health departments for necessary costs | ||||||
14 | incurred due to the COVID-19 public health emergency that are | ||||||
15 | eligible to be paid using federal funds from the Coronavirus | ||||||
16 | Relief Fund. | ||||||
17 | (1) Financial support funds may be used by a unit of | ||||||
18 | local government only for payment of costs that: (i) are | ||||||
19 | necessary expenditures incurred due to the public health | ||||||
20 | emergency of COVID-19; (ii) were not accounted for in the | ||||||
21 | most recent budget approved as of March 27, 2020 for the | ||||||
22 | unit of local government; and (iii) were incurred between | ||||||
23 | March 1, 2020 and December 30, 2020. | ||||||
24 | (2) A unit of local government receiving financial | ||||||
25 | support funds under this program shall certify to the | ||||||
26 | Department that it shall use the funds in accordance with |
| |||||||
| |||||||
1 | the requirements of paragraph (1) and that any funds | ||||||
2 | received but not used for such purposes shall be repaid to | ||||||
3 | the Department. | ||||||
4 | (3) The Department shall make the determination to | ||||||
5 | provide financial support funds to a unit of local | ||||||
6 | government on the basis of criteria established by the | ||||||
7 | Department.
| ||||||
8 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
| ||||||
9 | Section 105. The Illinois Enterprise Zone Act is amended | ||||||
10 | by changing Sections 5.5 and 13 as follows:
| ||||||
11 | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| ||||||
12 | Sec. 5.5. High Impact Business.
| ||||||
13 | (a) In order to respond to unique opportunities to assist | ||||||
14 | in the
encouragement, development, growth , and expansion of | ||||||
15 | the private sector through
large scale investment and | ||||||
16 | development projects, the Department is authorized
to receive | ||||||
17 | and approve applications for the designation of "High Impact
| ||||||
18 | Businesses" in Illinois subject to the following conditions:
| ||||||
19 | (1) such applications may be submitted at any time | ||||||
20 | during the year;
| ||||||
21 | (2) such business is not located, at the time of | ||||||
22 | designation, in
an enterprise zone designated pursuant to | ||||||
23 | this Act;
| ||||||
24 | (3) the business intends to do one or more of the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (A) the business intends to make a minimum | ||||||
3 | investment of
$12,000,000 which will be placed in | ||||||
4 | service in qualified property and
intends to create | ||||||
5 | 500 full-time equivalent jobs at a designated location
| ||||||
6 | in Illinois or intends to make a minimum investment of | ||||||
7 | $30,000,000 which
will be placed in service in | ||||||
8 | qualified property and intends to retain 1,500
| ||||||
9 | full-time retained jobs at a designated location in | ||||||
10 | Illinois.
The business must certify in writing that | ||||||
11 | the investments would not be
placed in service in | ||||||
12 | qualified property and the job creation or job
| ||||||
13 | retention would not occur without the tax credits and | ||||||
14 | exemptions set forth
in subsection (b) of this | ||||||
15 | Section. The terms "placed in service" and
"qualified | ||||||
16 | property" have the same meanings as described in | ||||||
17 | subsection (h)
of Section 201 of the Illinois Income | ||||||
18 | Tax Act; or
| ||||||
19 | (B) the business intends to establish a new | ||||||
20 | electric generating
facility at a designated location | ||||||
21 | in Illinois. "New electric generating
facility", for | ||||||
22 | purposes of this Section, means a newly-constructed
| ||||||
23 | electric
generation plant
or a newly-constructed | ||||||
24 | generation capacity expansion at an existing electric
| ||||||
25 | generation
plant, including the transmission lines and | ||||||
26 | associated
equipment that transfers electricity from |
| |||||||
| |||||||
1 | points of supply to points of
delivery, and for which | ||||||
2 | such new foundation construction commenced not sooner
| ||||||
3 | than July 1,
2001. Such facility shall be designed to | ||||||
4 | provide baseload electric
generation and shall operate | ||||||
5 | on a continuous basis throughout the year;
and (i) | ||||||
6 | shall have an aggregate rated generating capacity of | ||||||
7 | at least 1,000
megawatts for all new units at one site | ||||||
8 | if it uses natural gas as its primary
fuel and | ||||||
9 | foundation construction of the facility is commenced | ||||||
10 | on
or before December 31, 2004, or shall have an | ||||||
11 | aggregate rated generating
capacity of at least 400 | ||||||
12 | megawatts for all new units at one site if it uses
coal | ||||||
13 | or gases derived from coal
as its primary fuel and
| ||||||
14 | shall support the creation of at least 150 new | ||||||
15 | Illinois coal mining jobs, or
(ii) shall be funded | ||||||
16 | through a federal Department of Energy grant before | ||||||
17 | December 31, 2010 and shall support the creation of | ||||||
18 | Illinois
coal-mining
jobs, or (iii) shall use coal | ||||||
19 | gasification or integrated gasification-combined cycle | ||||||
20 | units
that generate
electricity or chemicals, or both, | ||||||
21 | and shall support the creation of Illinois
coal-mining
| ||||||
22 | jobs.
The
business must certify in writing that the | ||||||
23 | investments necessary to establish
a new electric | ||||||
24 | generating facility would not be placed in service and | ||||||
25 | the
job creation in the case of a coal-fueled plant
| ||||||
26 | would not occur without the tax credits and exemptions |
| |||||||
| |||||||
1 | set forth in
subsection (b-5) of this Section. The | ||||||
2 | term "placed in service" has
the same meaning as | ||||||
3 | described in subsection
(h) of Section 201 of the | ||||||
4 | Illinois Income Tax Act; or
| ||||||
5 | (B-5) the business intends to establish a new | ||||||
6 | gasification
facility at a designated location in | ||||||
7 | Illinois. As used in this Section, "new gasification | ||||||
8 | facility" means a newly constructed coal gasification | ||||||
9 | facility that generates chemical feedstocks or | ||||||
10 | transportation fuels derived from coal (which may | ||||||
11 | include, but are not limited to, methane, methanol, | ||||||
12 | and nitrogen fertilizer), that supports the creation | ||||||
13 | or retention of Illinois coal-mining jobs, and that | ||||||
14 | qualifies for financial assistance from the Department | ||||||
15 | before December 31, 2010. A new gasification facility | ||||||
16 | does not include a pilot project located within | ||||||
17 | Jefferson County or within a county adjacent to | ||||||
18 | Jefferson County for synthetic natural gas from coal; | ||||||
19 | or | ||||||
20 | (C) the business intends to establish
production | ||||||
21 | operations at a new coal mine, re-establish production | ||||||
22 | operations at
a closed coal mine, or expand production | ||||||
23 | at an existing coal mine
at a designated location in | ||||||
24 | Illinois not sooner than July 1, 2001;
provided that | ||||||
25 | the
production operations result in the creation of | ||||||
26 | 150 new Illinois coal mining
jobs as described in |
| |||||||
| |||||||
1 | subdivision (a)(3)(B) of this Section, and further
| ||||||
2 | provided that the coal extracted from such mine is | ||||||
3 | utilized as the predominant
source for a new electric | ||||||
4 | generating facility.
The business must certify in | ||||||
5 | writing that the
investments necessary to establish a | ||||||
6 | new, expanded, or reopened coal mine would
not
be | ||||||
7 | placed in service and the job creation would not
occur | ||||||
8 | without the tax credits and exemptions set forth in | ||||||
9 | subsection (b-5) of
this Section. The term "placed in | ||||||
10 | service" has
the same meaning as described in | ||||||
11 | subsection (h) of Section 201 of the
Illinois Income | ||||||
12 | Tax Act; or
| ||||||
13 | (D) the business intends to construct new | ||||||
14 | transmission facilities or
upgrade existing | ||||||
15 | transmission facilities at designated locations in | ||||||
16 | Illinois,
for which construction commenced not sooner | ||||||
17 | than July 1, 2001. For the
purposes of this Section, | ||||||
18 | "transmission facilities" means transmission lines
| ||||||
19 | with a voltage rating of 115 kilovolts or above, | ||||||
20 | including associated
equipment, that transfer | ||||||
21 | electricity from points of supply to points of
| ||||||
22 | delivery and that transmit a majority of the | ||||||
23 | electricity generated by a new
electric generating | ||||||
24 | facility designated as a High Impact Business in | ||||||
25 | accordance
with this Section. The business must | ||||||
26 | certify in writing that the investments
necessary to |
| |||||||
| |||||||
1 | construct new transmission facilities or upgrade | ||||||
2 | existing
transmission facilities would not be placed | ||||||
3 | in service
without the tax credits and exemptions set | ||||||
4 | forth in subsection (b-5) of this
Section. The term | ||||||
5 | "placed in service" has the
same meaning as described | ||||||
6 | in subsection (h) of Section 201 of the Illinois
| ||||||
7 | Income Tax Act; or
| ||||||
8 | (E) the business intends to establish a new wind | ||||||
9 | power facility at a designated location in Illinois. | ||||||
10 | For purposes of this Section, "new wind power | ||||||
11 | facility" means a newly constructed electric | ||||||
12 | generation facility, or a newly constructed expansion | ||||||
13 | of an existing electric generation facility, placed in | ||||||
14 | service on or after July 1, 2009, that generates | ||||||
15 | electricity using wind energy devices, and such | ||||||
16 | facility shall be deemed to include all associated | ||||||
17 | transmission lines, substations, and other equipment | ||||||
18 | related to the generation of electricity from wind | ||||||
19 | energy devices. For purposes of this Section, "wind | ||||||
20 | energy device" means any device, with a nameplate | ||||||
21 | capacity of at least 0.5 megawatts, that is used in the | ||||||
22 | process of converting kinetic energy from the wind to | ||||||
23 | generate electricity; or | ||||||
24 | (F) the business commits to (i) make a minimum | ||||||
25 | investment of $500,000,000, which will be placed in | ||||||
26 | service in a qualified property, (ii) create 125 |
| |||||||
| |||||||
1 | full-time equivalent jobs at a designated location in | ||||||
2 | Illinois, (iii) establish a fertilizer plant at a | ||||||
3 | designated location in Illinois that complies with the | ||||||
4 | set-back standards as described in Table 1: Initial | ||||||
5 | Isolation and Protective Action Distances in the 2012 | ||||||
6 | Emergency Response Guidebook published by the United | ||||||
7 | States Department of Transportation, (iv) pay a | ||||||
8 | prevailing wage for employees at that location who are | ||||||
9 | engaged in construction activities, and (v) secure an | ||||||
10 | appropriate level of general liability insurance to | ||||||
11 | protect against catastrophic failure of the fertilizer | ||||||
12 | plant or any of its constituent systems; in addition, | ||||||
13 | the business must agree to enter into a construction | ||||||
14 | project labor agreement including provisions | ||||||
15 | establishing wages, benefits, and other compensation | ||||||
16 | for employees performing work under the project labor | ||||||
17 | agreement at that location; for the purposes of this | ||||||
18 | Section, "fertilizer plant" means a newly constructed | ||||||
19 | or upgraded plant utilizing gas used in the production | ||||||
20 | of anhydrous ammonia and downstream nitrogen | ||||||
21 | fertilizer products for resale; for the purposes of | ||||||
22 | this Section, "prevailing wage" means the hourly cash | ||||||
23 | wages plus fringe benefits for training and
| ||||||
24 | apprenticeship programs approved by the U.S. | ||||||
25 | Department of Labor, Bureau of
Apprenticeship and | ||||||
26 | Training, health and welfare, insurance, vacations and
|
| |||||||
| |||||||
1 | pensions paid generally, in the
locality in which the | ||||||
2 | work is being performed, to employees engaged in
work | ||||||
3 | of a similar character on public works; this paragraph | ||||||
4 | (F) applies only to businesses that submit an | ||||||
5 | application to the Department within 60 days after | ||||||
6 | July 25, 2013 ( the effective date of Public Act | ||||||
7 | 98-109) this amendatory Act of the 98th General | ||||||
8 | Assembly ; and | ||||||
9 | (4) no later than 90 days after an application is | ||||||
10 | submitted, the
Department shall notify the applicant of | ||||||
11 | the Department's determination of
the qualification of the | ||||||
12 | proposed High Impact Business under this Section.
| ||||||
13 | (b) Businesses designated as High Impact Businesses | ||||||
14 | pursuant to
subdivision (a)(3)(A) of this Section shall | ||||||
15 | qualify for the credits and
exemptions described in the
| ||||||
16 | following Acts: Section 9-222 and Section 9-222.1A of the | ||||||
17 | Public Utilities
Act,
subsection (h)
of Section 201 of the | ||||||
18 | Illinois Income Tax Act,
and Section 1d of
the
Retailers' | ||||||
19 | Occupation Tax Act; provided that these credits and
exemptions
| ||||||
20 | described in these Acts shall not be authorized until the | ||||||
21 | minimum
investments set forth in subdivision (a)(3)(A) of this
| ||||||
22 | Section have been placed in
service in qualified properties | ||||||
23 | and, in the case of the exemptions
described in the Public | ||||||
24 | Utilities Act and Section 1d of the Retailers'
Occupation Tax | ||||||
25 | Act, the minimum full-time equivalent jobs or full-time | ||||||
26 | retained jobs set
forth in subdivision (a)(3)(A) of this |
| |||||||
| |||||||
1 | Section have been
created or retained.
Businesses designated | ||||||
2 | as High Impact Businesses under
this Section shall also
| ||||||
3 | qualify for the exemption described in Section 5l of the | ||||||
4 | Retailers' Occupation
Tax Act. The credit provided in | ||||||
5 | subsection (h) of Section 201 of the Illinois
Income Tax Act | ||||||
6 | shall be applicable to investments in qualified property as | ||||||
7 | set
forth in subdivision (a)(3)(A) of this Section.
| ||||||
8 | (b-5) Businesses designated as High Impact Businesses | ||||||
9 | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | ||||||
10 | and (a)(3)(D) of this Section shall qualify
for the credits | ||||||
11 | and exemptions described in the following Acts: Section 51 of
| ||||||
12 | the Retailers' Occupation Tax Act, Section 9-222 and Section | ||||||
13 | 9-222.1A of the
Public Utilities Act, and subsection (h) of | ||||||
14 | Section 201 of the Illinois Income
Tax Act; however, the | ||||||
15 | credits and exemptions authorized under Section 9-222 and
| ||||||
16 | Section 9-222.1A of the Public Utilities Act, and subsection | ||||||
17 | (h) of Section 201
of the Illinois Income Tax Act shall not be | ||||||
18 | authorized until the new electric
generating facility, the new | ||||||
19 | gasification facility, the new transmission facility, or the | ||||||
20 | new, expanded, or
reopened coal mine is operational,
except | ||||||
21 | that a new electric generating facility whose primary fuel | ||||||
22 | source is
natural gas is eligible only for the exemption under | ||||||
23 | Section 5l of the
Retailers' Occupation Tax Act.
| ||||||
24 | (b-6) Businesses designated as High Impact Businesses | ||||||
25 | pursuant to subdivision (a)(3)(E) of this Section shall | ||||||
26 | qualify for the exemptions described in Section 5l of the |
| |||||||
| |||||||
1 | Retailers' Occupation Tax Act; any business so designated as a | ||||||
2 | High Impact Business being, for purposes of this Section, a | ||||||
3 | "Wind Energy Business". | ||||||
4 | (b-7) Beginning on January 1, 2021, businesses designated | ||||||
5 | as High Impact Businesses by the Department shall qualify for | ||||||
6 | the High Impact Business construction jobs credit under | ||||||
7 | subsection (h-5) of Section 201 of the Illinois Income Tax Act | ||||||
8 | if the business meets the criteria set forth in subsection (i) | ||||||
9 | of this Section. The total aggregate amount of credits awarded | ||||||
10 | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9 | ||||||
11 | this amendatory Act of the 101st General Assembly ) shall not | ||||||
12 | exceed $20,000,000 in any State fiscal year. | ||||||
13 | (c) High Impact Businesses located in federally designated | ||||||
14 | foreign trade
zones or sub-zones are also eligible for | ||||||
15 | additional credits, exemptions and
deductions as described in | ||||||
16 | the following Acts: Section 9-221 and Section
9-222.1 of the | ||||||
17 | Public
Utilities Act; and subsection (g) of Section 201, and | ||||||
18 | Section 203
of the Illinois Income Tax Act.
| ||||||
19 | (d) Except for businesses contemplated under subdivision | ||||||
20 | (a)(3)(E) of this Section, existing Illinois businesses which | ||||||
21 | apply for designation as a
High Impact Business must provide | ||||||
22 | the Department with the prospective plan
for which 1,500 | ||||||
23 | full-time retained jobs would be eliminated in the event that | ||||||
24 | the
business is not designated.
| ||||||
25 | (e) Except for new wind power facilities contemplated | ||||||
26 | under subdivision (a)(3)(E) of this Section, new proposed |
| |||||||
| |||||||
1 | facilities which apply for designation as High Impact
Business | ||||||
2 | must provide the Department with proof of alternative | ||||||
3 | non-Illinois
sites which would receive the proposed investment | ||||||
4 | and job creation in the
event that the business is not | ||||||
5 | designated as a High Impact Business.
| ||||||
6 | (f) Except for businesses contemplated under subdivision | ||||||
7 | (a)(3)(E) of this Section, in the event that a business is | ||||||
8 | designated a High Impact Business
and it is later determined | ||||||
9 | after reasonable notice and an opportunity for a
hearing as | ||||||
10 | provided under the Illinois Administrative Procedure Act, that
| ||||||
11 | the business would have placed in service in qualified | ||||||
12 | property the
investments and created or retained the requisite | ||||||
13 | number of jobs without
the benefits of the High Impact | ||||||
14 | Business designation, the Department shall
be required to | ||||||
15 | immediately revoke the designation and notify the Director
of | ||||||
16 | the Department of Revenue who shall begin proceedings to | ||||||
17 | recover all
wrongfully exempted State taxes with interest. The | ||||||
18 | business shall also be
ineligible for all State funded | ||||||
19 | Department programs for a period of 10 years.
| ||||||
20 | (g) The Department shall revoke a High Impact Business | ||||||
21 | designation if
the participating business fails to comply with | ||||||
22 | the terms and conditions of
the designation. However, the | ||||||
23 | penalties for new wind power facilities or Wind Energy | ||||||
24 | Businesses for failure to comply with any of the terms or | ||||||
25 | conditions of the Illinois Prevailing Wage Act shall be only | ||||||
26 | those penalties identified in the Illinois Prevailing Wage |
| |||||||
| |||||||
1 | Act, and the Department shall not revoke a High Impact | ||||||
2 | Business designation as a result of the failure to comply with | ||||||
3 | any of the terms or conditions of the Illinois Prevailing Wage | ||||||
4 | Act in relation to a new wind power facility or a Wind Energy | ||||||
5 | Business.
| ||||||
6 | (h) Prior to designating a business, the Department shall | ||||||
7 | provide the
members of the General Assembly and Commission on | ||||||
8 | Government Forecasting and Accountability
with a report | ||||||
9 | setting forth the terms and conditions of the designation and
| ||||||
10 | guarantees that have been received by the Department in | ||||||
11 | relation to the
proposed business being designated.
| ||||||
12 | (i) High Impact Business construction jobs credit. | ||||||
13 | Beginning on January 1, 2021, a High Impact Business may | ||||||
14 | receive a tax credit against the tax imposed under subsections | ||||||
15 | (a) and (b) of Section 201 of the Illinois Income Tax Act in an | ||||||
16 | amount equal to 50% of the amount of the incremental income tax | ||||||
17 | attributable to High Impact Business construction jobs credit | ||||||
18 | employees employed in the course of completing a High Impact | ||||||
19 | Business construction jobs project. However, the High Impact | ||||||
20 | Business construction jobs credit may equal 75% of the amount | ||||||
21 | of the incremental income tax attributable to High Impact | ||||||
22 | Business construction jobs credit employees if the High Impact | ||||||
23 | Business construction jobs credit project is located in an | ||||||
24 | underserved area. | ||||||
25 | The Department shall certify to the Department of Revenue: | ||||||
26 | (1) the identity of taxpayers that are eligible for the High |
| |||||||
| |||||||
1 | Impact Business construction jobs credit; and (2) the amount | ||||||
2 | of High Impact Business construction jobs credits that are | ||||||
3 | claimed pursuant to subsection (h-5) of Section 201 of the | ||||||
4 | Illinois Income Tax Act in each taxable year. Any business | ||||||
5 | entity that receives a High Impact Business construction jobs | ||||||
6 | credit shall maintain a certified payroll pursuant to | ||||||
7 | subsection (j) of this Section. | ||||||
8 | As used in this subsection (i): | ||||||
9 | "High Impact Business construction jobs credit" means an | ||||||
10 | amount equal to 50% (or 75% if the High Impact Business | ||||||
11 | construction project is located in an underserved area) of the | ||||||
12 | incremental income tax attributable to High Impact Business | ||||||
13 | construction job employees. The total aggregate amount of | ||||||
14 | credits awarded under the Blue Collar Jobs Act (Article 20 of | ||||||
15 | Public Act 101-9 this amendatory Act of the 101st General | ||||||
16 | Assembly ) shall not exceed $20,000,000 in any State fiscal | ||||||
17 | year | ||||||
18 | "High Impact Business construction job employee" means a | ||||||
19 | laborer or worker who is employed by an Illinois contractor or | ||||||
20 | subcontractor in the actual construction work on the site of a | ||||||
21 | High Impact Business construction job project. | ||||||
22 | "High Impact Business construction jobs project" means | ||||||
23 | building a structure or building or making improvements of any | ||||||
24 | kind to real property, undertaken and commissioned by a | ||||||
25 | business that was designated as a High Impact Business by the | ||||||
26 | Department. The term "High Impact Business construction jobs |
| |||||||
| |||||||
1 | project" does not include the routine operation, routine | ||||||
2 | repair, or routine maintenance of existing structures, | ||||||
3 | buildings, or real property. | ||||||
4 | "Incremental income tax" means the total amount withheld | ||||||
5 | during the taxable year from the compensation of High Impact | ||||||
6 | Business construction job employees. | ||||||
7 | "Underserved area" means a geographic area that meets one | ||||||
8 | or more of the following conditions: | ||||||
9 | (1) the area has a poverty rate of at least 20% | ||||||
10 | according to the latest federal decennial census; | ||||||
11 | (2) 75% or more of the children in the area | ||||||
12 | participate in the federal free lunch program according to | ||||||
13 | reported statistics from the State Board of Education; | ||||||
14 | (3) at least 20% of the households in the area receive | ||||||
15 | assistance under the Supplemental Nutrition Assistance | ||||||
16 | Program (SNAP); or | ||||||
17 | (4) the area has an average unemployment rate, as | ||||||
18 | determined by the Illinois Department of Employment | ||||||
19 | Security, that is more than 120% of the national | ||||||
20 | unemployment average, as determined by the U.S. Department | ||||||
21 | of Labor, for a period of at least 2 consecutive calendar | ||||||
22 | years preceding the date of the application. | ||||||
23 | (j) Each contractor and subcontractor who is engaged in | ||||||
24 | and executing a High Impact Business Construction jobs | ||||||
25 | project, as defined under subsection (i) of this Section, for | ||||||
26 | a business that is entitled to a credit pursuant to subsection |
| |||||||
| |||||||
1 | (i) of this Section shall: | ||||||
2 | (1) make and keep, for a period of 5 years from the | ||||||
3 | date of the last payment made on or after June 5, 2019 ( the | ||||||
4 | effective date of Public Act 101-9) this amendatory Act of | ||||||
5 | the 101st General Assembly on a contract or subcontract | ||||||
6 | for a High Impact Business Construction Jobs Project, | ||||||
7 | records for all laborers and other workers employed by the | ||||||
8 | contractor or subcontractor on the project; the records | ||||||
9 | shall include: | ||||||
10 | (A) the worker's name; | ||||||
11 | (B) the worker's address; | ||||||
12 | (C) the worker's telephone number, if available; | ||||||
13 | (D) the worker's social security number; | ||||||
14 | (E) the worker's classification or | ||||||
15 | classifications; | ||||||
16 | (F) the worker's gross and net wages paid in each | ||||||
17 | pay period; | ||||||
18 | (G) the worker's number of hours worked each day; | ||||||
19 | (H) the worker's starting and ending times of work | ||||||
20 | each day; | ||||||
21 | (I) the worker's hourly wage rate; and | ||||||
22 | (J) the worker's hourly overtime wage rate; | ||||||
23 | (2) no later than the 15th day of each calendar month, | ||||||
24 | provide a certified payroll for the immediately preceding | ||||||
25 | month to the taxpayer in charge of the High Impact | ||||||
26 | Business construction jobs project; within 5 business days |
| |||||||
| |||||||
1 | after receiving the certified payroll, the taxpayer shall | ||||||
2 | file the certified payroll with the Department of Labor | ||||||
3 | and the Department of Commerce and Economic Opportunity; a | ||||||
4 | certified payroll must be filed for only those calendar | ||||||
5 | months during which construction on a High Impact Business | ||||||
6 | construction jobs project has occurred; the certified | ||||||
7 | payroll shall consist of a complete copy of the records | ||||||
8 | identified in paragraph (1) of this subsection (j), but | ||||||
9 | may exclude the starting and ending times of work each | ||||||
10 | day; the certified payroll shall be accompanied by a | ||||||
11 | statement signed by the contractor or subcontractor or an | ||||||
12 | officer, employee, or agent of the contractor or | ||||||
13 | subcontractor which avers that: | ||||||
14 | (A) he or she has examined the certified payroll | ||||||
15 | records required to be submitted by the Act and such | ||||||
16 | records are true and accurate; and | ||||||
17 | (B) the contractor or subcontractor is aware that | ||||||
18 | filing a certified payroll that he or she knows to be | ||||||
19 | false is a Class A misdemeanor. | ||||||
20 | A general contractor is not prohibited from relying on a | ||||||
21 | certified payroll of a lower-tier subcontractor, provided the | ||||||
22 | general contractor does not knowingly rely upon a | ||||||
23 | subcontractor's false certification. | ||||||
24 | Any contractor or subcontractor subject to this | ||||||
25 | subsection, and any officer, employee, or agent of such | ||||||
26 | contractor or subcontractor whose duty as an officer, |
| |||||||
| |||||||
1 | employee, or agent it is to file a certified payroll under this | ||||||
2 | subsection, who willfully fails to file such a certified | ||||||
3 | payroll on or before the date such certified payroll is | ||||||
4 | required by this paragraph to be filed and any person who | ||||||
5 | willfully files a false certified payroll that is false as to | ||||||
6 | any material fact is in violation of this Act and guilty of a | ||||||
7 | Class A misdemeanor. | ||||||
8 | The taxpayer in charge of the project shall keep the | ||||||
9 | records submitted in accordance with this subsection on or | ||||||
10 | after June 5, 2019 ( the effective date of Public Act 101-9) | ||||||
11 | this amendatory Act of the 101st General Assembly for a period | ||||||
12 | of 5 years from the date of the last payment for work on a | ||||||
13 | contract or subcontract for the High Impact Business | ||||||
14 | construction jobs project. | ||||||
15 | The records submitted in accordance with this subsection | ||||||
16 | shall be considered public records, except an employee's | ||||||
17 | address, telephone number, and social security number, and | ||||||
18 | made available in accordance with the Freedom of Information | ||||||
19 | Act. The Department of Labor shall accept any reasonable | ||||||
20 | submissions by the contractor that meet the requirements of | ||||||
21 | this subsection (j) and shall share the information with the | ||||||
22 | Department in order to comply with the awarding of a High | ||||||
23 | Impact Business construction jobs credit. A contractor, | ||||||
24 | subcontractor, or public body may retain records required | ||||||
25 | under this Section in paper or electronic format. | ||||||
26 | (k) Upon 7 business days' notice, each contractor and |
| |||||||
| |||||||
1 | subcontractor shall make available for inspection and copying | ||||||
2 | at a location within this State during reasonable hours, the | ||||||
3 | records identified in this subsection (j) to the taxpayer in | ||||||
4 | charge of the High Impact Business construction jobs project, | ||||||
5 | its officers and agents, the Director of the Department of | ||||||
6 | Labor and his or her deputies and agents, and to federal, | ||||||
7 | State, or local law enforcement agencies and prosecutors. | ||||||
8 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
9 | (20 ILCS 655/13) | ||||||
10 | Sec. 13. Enterprise Zone construction jobs credit. | ||||||
11 | (a) Beginning on January 1, 2021, a business entity in a | ||||||
12 | certified Enterprise Zone that makes a capital investment of | ||||||
13 | at least $10,000,000 in an Enterprise Zone construction jobs | ||||||
14 | project may receive an Enterprise Zone construction jobs | ||||||
15 | credit against the tax imposed under subsections (a) and (b) | ||||||
16 | of Section 201 of the Illinois Income Tax Act in an amount | ||||||
17 | equal to 50% of the amount of the incremental income tax | ||||||
18 | attributable to Enterprise Zone construction jobs credit | ||||||
19 | employees employed in the course of completing an Enterprise | ||||||
20 | Zone construction jobs project. However, the Enterprise Zone | ||||||
21 | construction jobs credit may equal 75% of the amount of the | ||||||
22 | incremental income tax attributable to Enterprise Zone | ||||||
23 | construction jobs credit employees if the project is located | ||||||
24 | in an underserved area. | ||||||
25 | (b) A business entity seeking a credit under this Section |
| |||||||
| |||||||
1 | must submit an application to the Department and must receive | ||||||
2 | approval from the designating municipality or county and the | ||||||
3 | Department for the Enterprise Zone construction jobs credit | ||||||
4 | project. The application must describe the nature and benefit | ||||||
5 | of the project to the certified Enterprise Zone and its | ||||||
6 | potential contributors. The total aggregate amount of credits | ||||||
7 | awarded under the Blue Collar Jobs Act (Article 20 of Public | ||||||
8 | Act 101-9 this amendatory Act of the 101st General Assembly ) | ||||||
9 | shall not exceed $20,000,000 in any State fiscal year. | ||||||
10 | Within 45 days after receipt of an application, the | ||||||
11 | Department shall give notice to the applicant as to whether | ||||||
12 | the application has been approved or disapproved. If the | ||||||
13 | Department disapproves the application, it shall specify the | ||||||
14 | reasons for this decision and allow 60 days for the applicant | ||||||
15 | to amend and resubmit its application. The Department shall | ||||||
16 | provide assistance upon request to applicants. Resubmitted | ||||||
17 | applications shall receive the Department's approval or | ||||||
18 | disapproval within 30 days after the application is | ||||||
19 | resubmitted. Those resubmitted applications satisfying initial | ||||||
20 | Department objectives shall be approved unless reasonable | ||||||
21 | circumstances warrant disapproval. | ||||||
22 | On an annual basis, the designated zone organization shall | ||||||
23 | furnish a statement to the Department on the programmatic and | ||||||
24 | financial status of any approved project and an audited | ||||||
25 | financial statement of the project. | ||||||
26 | The Department shall certify to the Department of Revenue |
| |||||||
| |||||||
1 | the identity of taxpayers who are eligible for the credits and | ||||||
2 | the amount of credits that are claimed pursuant to | ||||||
3 | subparagraph (8) of subsection (f) of Section 201 the Illinois | ||||||
4 | Income Tax Act. | ||||||
5 | The Enterprise Zone construction jobs credit project must | ||||||
6 | be undertaken by the business entity in the course of | ||||||
7 | completing a project that complies with the criteria contained | ||||||
8 | in Section 4 of this Act and is undertaken in a certified | ||||||
9 | Enterprise Zone. The Department shall adopt any necessary | ||||||
10 | rules for the implementation of this subsection (b). | ||||||
11 | (c) Any business entity that receives an Enterprise Zone | ||||||
12 | construction jobs credit shall maintain a certified payroll | ||||||
13 | pursuant to subsection (d) of this Section. | ||||||
14 | (d) Each contractor and subcontractor who is engaged in | ||||||
15 | and is executing an Enterprise Zone construction jobs credit | ||||||
16 | project for a business that is entitled to a credit pursuant to | ||||||
17 | this Section shall: | ||||||
18 | (1) make and keep, for a period of 5 years from the | ||||||
19 | date of the last payment made on or after June 5, 2019 ( the | ||||||
20 | effective date of Public Act 101-9) this amendatory Act of | ||||||
21 | the 101st General Assembly on a contract or subcontract | ||||||
22 | for an Enterprise Zone construction jobs credit project, | ||||||
23 | records for all laborers and other workers employed by | ||||||
24 | them on the project; the records shall include: | ||||||
25 | (A) the worker's name; | ||||||
26 | (B) the worker's address; |
| |||||||
| |||||||
1 | (C) the worker's telephone number, if available; | ||||||
2 | (D) the worker's social security number; | ||||||
3 | (E) the worker's classification or | ||||||
4 | classifications; | ||||||
5 | (F) the worker's gross and net wages paid in each | ||||||
6 | pay period; | ||||||
7 | (G) the worker's number of hours worked each day; | ||||||
8 | (H) the worker's starting and ending times of work | ||||||
9 | each day; | ||||||
10 | (I) the worker's hourly wage rate; and | ||||||
11 | (J) the worker's hourly overtime wage rate; | ||||||
12 | (2) no later than the 15th day of each calendar month, | ||||||
13 | provide a certified payroll for the immediately preceding | ||||||
14 | month to the taxpayer in charge of the project; within 5 | ||||||
15 | business days after receiving the certified payroll, the | ||||||
16 | taxpayer shall file the certified payroll with the | ||||||
17 | Department of Labor and the Department of Commerce and | ||||||
18 | Economic Opportunity; a certified payroll must be filed | ||||||
19 | for only those calendar months during which construction | ||||||
20 | on an Enterprise Zone construction jobs project has | ||||||
21 | occurred; the certified payroll shall consist of a | ||||||
22 | complete copy of the records identified in paragraph (1) | ||||||
23 | of this subsection (d), but may exclude the starting and | ||||||
24 | ending times of work each day; the certified payroll shall | ||||||
25 | be accompanied by a statement signed by the contractor or | ||||||
26 | subcontractor or an officer, employee, or agent of the |
| |||||||
| |||||||
1 | contractor or subcontractor which avers that: | ||||||
2 | (A) he or she has examined the certified payroll | ||||||
3 | records required to be submitted by the Act and such | ||||||
4 | records are true and accurate; and | ||||||
5 | (B) the contractor or subcontractor is aware that | ||||||
6 | filing a certified payroll that he or she knows to be | ||||||
7 | false is a Class A misdemeanor. | ||||||
8 | A general contractor is not prohibited from relying on a | ||||||
9 | certified payroll of a lower-tier subcontractor, provided the | ||||||
10 | general contractor does not knowingly rely upon a | ||||||
11 | subcontractor's false certification. | ||||||
12 | Any contractor or subcontractor subject to this | ||||||
13 | subsection, and any officer, employee, or agent of such | ||||||
14 | contractor or subcontractor whose duty as an officer, | ||||||
15 | employee, or agent it is to file a certified payroll under this | ||||||
16 | subsection, who willfully fails to file such a certified | ||||||
17 | payroll on or before the date such certified payroll is | ||||||
18 | required by this paragraph to be filed and any person who | ||||||
19 | willfully files a false certified payroll that is false as to | ||||||
20 | any material fact is in violation of this Act and guilty of a | ||||||
21 | Class A misdemeanor. | ||||||
22 | The taxpayer in charge of the project shall keep the | ||||||
23 | records submitted in accordance with this subsection on or | ||||||
24 | after June 5, 2019 ( the effective date of Public Act 101-9) | ||||||
25 | this amendatory Act of the 101st General Assembly for a period | ||||||
26 | of 5 years from the date of the last payment for work on a |
| |||||||
| |||||||
1 | contract or subcontract for the project. | ||||||
2 | The records submitted in accordance with this subsection | ||||||
3 | shall be considered public records, except an employee's | ||||||
4 | address, telephone number, and social security number, and | ||||||
5 | made available in accordance with the Freedom of Information | ||||||
6 | Act. The Department of Labor shall accept any reasonable | ||||||
7 | submissions by the contractor that meet the requirements of | ||||||
8 | this subsection and shall share the information with the | ||||||
9 | Department in order to comply with the awarding of Enterprise | ||||||
10 | Zone construction jobs credits. A contractor, subcontractor, | ||||||
11 | or public body may retain records required under this Section | ||||||
12 | in paper or electronic format. | ||||||
13 | Upon 7 business days' notice, the contractor and each | ||||||
14 | subcontractor shall make available for inspection and copying | ||||||
15 | at a location within this State during reasonable hours, the | ||||||
16 | records identified in paragraph (1) of this subsection to the | ||||||
17 | taxpayer in charge of the project, its officers and agents, | ||||||
18 | the Director of Labor and his or her deputies and agents, and | ||||||
19 | to federal, State, or local law enforcement agencies and | ||||||
20 | prosecutors. | ||||||
21 | (e) As used in this Section: | ||||||
22 | "Enterprise Zone construction jobs credit" means an amount | ||||||
23 | equal to 50% (or 75% if the project is located in an | ||||||
24 | underserved area) of the incremental income tax attributable | ||||||
25 | to Enterprise Zone construction jobs credit employees. | ||||||
26 | "Enterprise Zone construction jobs credit employee" means |
| |||||||
| |||||||
1 | a laborer or worker who is employed by an Illinois contractor | ||||||
2 | or subcontractor in the actual construction work on the site | ||||||
3 | of an Enterprise Zone construction jobs credit project. | ||||||
4 | "Enterprise Zone construction jobs credit project" means | ||||||
5 | building a structure or building or making improvements of any | ||||||
6 | kind to real property commissioned and paid for by a business | ||||||
7 | that has applied and been approved for an Enterprise Zone | ||||||
8 | construction jobs credit pursuant to this Section. "Enterprise | ||||||
9 | Zone construction jobs credit project" does not include the | ||||||
10 | routine operation, routine repair, or routine maintenance of | ||||||
11 | existing structures, buildings, or real property. | ||||||
12 | "Incremental income tax" means the total amount withheld | ||||||
13 | during the taxable year from the compensation of Enterprise | ||||||
14 | Zone construction jobs credit employees. | ||||||
15 | "Underserved area" means a geographic area that meets one | ||||||
16 | or more of the following conditions: | ||||||
17 | (1) the area has a poverty rate of at least 20% | ||||||
18 | according to the latest federal decennial census; | ||||||
19 | (2) 75% or more of the children in the area | ||||||
20 | participate in the federal free lunch program according to | ||||||
21 | reported statistics from the State Board of Education; | ||||||
22 | (3) at least 20% of the households in the area receive | ||||||
23 | assistance under the Supplemental Nutrition Assistance | ||||||
24 | Program (SNAP); or | ||||||
25 | (4) the area has an average unemployment rate, as | ||||||
26 | determined by the Illinois Department of Employment |
| |||||||
| |||||||
1 | Security, that is more than 120% of the national | ||||||
2 | unemployment average, as determined by the U.S. Department | ||||||
3 | of Labor, for a period of at least 2 consecutive calendar | ||||||
4 | years preceding the date of the application.
| ||||||
5 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
6 | Section 110. The Lake Michigan Wind Energy Act is amended | ||||||
7 | by changing Section 20 as follows:
| ||||||
8 | (20 ILCS 896/20)
| ||||||
9 | Sec. 20. Offshore Wind Energy Economic Development Policy | ||||||
10 | Task Force. | ||||||
11 | (a) The Governor shall convene an Offshore Wind Energy | ||||||
12 | Economic Development Policy Task Force, to be chaired by the | ||||||
13 | Director of Commerce and Economic Opportunity, or his or her | ||||||
14 | designee, to analyze and evaluate policy and economic options | ||||||
15 | to facilitate the development of offshore wind energy, and to | ||||||
16 | propose an appropriate Illinois mechanism for purchasing and | ||||||
17 | selling power from possible offshore wind energy projects. The | ||||||
18 | Task Force shall examine mechanisms used in other states and | ||||||
19 | jurisdictions, including, without limitation, feed-in tariffs, | ||||||
20 | renewable energy certificates, renewable energy certificate | ||||||
21 | carve-outs, power purchase agreements, and pilot projects. The | ||||||
22 | Task Force shall report its findings and recommendations to | ||||||
23 | the Governor and General Assembly within 12 months of | ||||||
24 | convening.
|
| |||||||
| |||||||
1 | (b) The Director of the Illinois Power Agency (or his or | ||||||
2 | her designee), the Executive Director of the Illinois Commerce | ||||||
3 | Commission (or his or her designee), the Director of Natural | ||||||
4 | Resources (or his or her designee), and the Attorney General | ||||||
5 | (or his or her designee) shall serve as ex officio members of | ||||||
6 | the Task Force.
| ||||||
7 | (c) The Governor shall appoint , within 90 days of August | ||||||
8 | 9, 2019 ( the effective date of Public Act 101-283) this | ||||||
9 | amendatory Act of the 101st General Assembly , the following | ||||||
10 | public members to serve on the Task Force:
| ||||||
11 | (1) one individual from an institution of higher | ||||||
12 | education in Illinois representing the discipline of | ||||||
13 | economics with experience in the study of renewable | ||||||
14 | energy;
| ||||||
15 | (2) one individual representing an energy industry | ||||||
16 | with experience in renewable energy markets;
| ||||||
17 | (3) one individual representing a Statewide consumer | ||||||
18 | or electric ratepayer organization;
| ||||||
19 | (4) one individual representing the offshore wind | ||||||
20 | energy industry;
| ||||||
21 | (5) one individual representing the wind energy supply | ||||||
22 | chain industry;
| ||||||
23 | (6) one individual representing an Illinois electrical | ||||||
24 | cooperative, municipal electrical utility, or association | ||||||
25 | of such cooperatives or utilities;
| ||||||
26 | (7) one individual representing an Illinois industrial |
| |||||||
| |||||||
1 | union involved in the construction, maintenance, or | ||||||
2 | transportation of electrical generation, distribution, or | ||||||
3 | transmission equipment or components;
| ||||||
4 | (8) one individual representing an Illinois commercial | ||||||
5 | or industrial electrical consumer;
| ||||||
6 | (9) one individual representing an Illinois public | ||||||
7 | education electrical consumer;
| ||||||
8 | (10) one individual representing an independent | ||||||
9 | transmission company;
| ||||||
10 | (11) one individual from the Illinois legal community | ||||||
11 | with experience in contracts, utility law, municipal law, | ||||||
12 | and constitutional law;
| ||||||
13 | (12) one individual representing a Great Lakes | ||||||
14 | regional organization with experience assessing or | ||||||
15 | studying wind energy;
| ||||||
16 | (13) one individual representing a Statewide | ||||||
17 | environmental organization; | ||||||
18 | (14) one resident of the State representing an | ||||||
19 | organization advocating for persons of low or limited | ||||||
20 | incomes;
| ||||||
21 | (15) one individual representing Argonne National | ||||||
22 | Laboratory; and
| ||||||
23 | (16) one individual representing a local community | ||||||
24 | that has aggregated the purchase of electricity.
| ||||||
25 | (d) The Governor may appoint additional public members to | ||||||
26 | the Task Force. |
| |||||||
| |||||||
1 | (e) The Speaker of the House of Representatives, Minority | ||||||
2 | Leader of the House of Representatives,
Senate President, and | ||||||
3 | Minority Leader of the Senate shall each appoint one member of | ||||||
4 | the General Assembly to serve on the Task Force.
| ||||||
5 | (f) Members of the Task Force shall serve without | ||||||
6 | compensation.
| ||||||
7 | (Source: P.A. 101-283, eff. 8-9-19; revised 11-21-19.)
| ||||||
8 | Section 115. The Energy Policy and Planning Act is amended | ||||||
9 | by changing Section 4 as follows:
| ||||||
10 | (20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
| ||||||
11 | Sec. 4. Authority. (1) The Department in addition to its | ||||||
12 | preparation of
energy contingency plans, shall also analyze, | ||||||
13 | prepare, and recommend a
comprehensive energy plan for the | ||||||
14 | State of Illinois.
| ||||||
15 | The plan shall identify emerging trends related to energy | ||||||
16 | supply,
demand, conservation, public health and safety | ||||||
17 | factors, and should specify
the levels of statewide and | ||||||
18 | service area energy needs, past, present, and
estimated future | ||||||
19 | demand, as well as the potential social, economic, or
| ||||||
20 | environmental effects caused by the continuation of existing | ||||||
21 | trends and by
the various alternatives available to the State.
| ||||||
22 | The plan shall also conform to the requirements of Section | ||||||
23 | 8-402 of the
Public Utilities Act. The Department shall design | ||||||
24 | programs as necessary to
achieve the purposes of this Act and |
| |||||||
| |||||||
1 | the planning objectives of the The Public
Utilities Act. The | ||||||
2 | Department's energy plan, and any programs designed
pursuant | ||||||
3 | to this Section shall be filed with the Commission in | ||||||
4 | accordance
with the Commission's planning responsibilities and | ||||||
5 | hearing requirements
related thereto. The Department shall | ||||||
6 | periodically review the plan,
objectives and programs at least | ||||||
7 | every 2 years, and the results of such
review and any resulting | ||||||
8 | changes in the Department's plan or programs shall
be filed | ||||||
9 | with the Commission.
| ||||||
10 | The Department's plan and programs and any review thereof, | ||||||
11 | shall also be
filed with the Governor, the General Assembly, | ||||||
12 | and the Public Counsel, and
shall be available to the public | ||||||
13 | upon request.
| ||||||
14 | The requirement for reporting to the General Assembly | ||||||
15 | shall be satisfied
by filing copies of the report as required | ||||||
16 | by Section 3.1 of the General Assembly Organization Act, and
| ||||||
17 | filing such additional copies with the State Government Report | ||||||
18 | Distribution
Center for the General Assembly as is required | ||||||
19 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
20 | (Source: P.A. 100-1148, eff. 12-10-18; revised 7-17-19.)
| ||||||
21 | Section 120. The Department of Labor Law of the
Civil | ||||||
22 | Administrative Code of Illinois is amended by changing Section | ||||||
23 | 1505-215 as follows:
| ||||||
24 | (20 ILCS 1505/1505-215) |
| |||||||
| |||||||
1 | Sec. 1505-215. Bureau on Apprenticeship Programs ; Advisory | ||||||
2 | Board . (a) There is created within the Department of Labor a | ||||||
3 | Bureau on Apprenticeship Programs. This Bureau shall work to | ||||||
4 | increase minority participation in active apprentice programs | ||||||
5 | in Illinois that are approved by the United States Department | ||||||
6 | of Labor. The Bureau shall identify barriers to minorities | ||||||
7 | gaining access to construction careers and make | ||||||
8 | recommendations to the Governor and the General Assembly for | ||||||
9 | policies to remove those barriers. The Department may hire | ||||||
10 | staff to perform outreach in promoting diversity in active | ||||||
11 | apprenticeship programs approved by the United States | ||||||
12 | Department of Labor. The Bureau shall annually compile racial | ||||||
13 | and gender workforce diversity information from contractors | ||||||
14 | receiving State or other public funds and by labor unions with | ||||||
15 | members working on projects receiving State or other public | ||||||
16 | funds.
| ||||||
17 | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; | ||||||
18 | revised 10-22-20.)
| ||||||
19 | Section 125. The Illinois Lottery Law is amended by | ||||||
20 | changing Sections 2 and 9.1 as follows:
| ||||||
21 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
| ||||||
22 | Sec. 2. This Act is enacted to implement and establish | ||||||
23 | within the State
a lottery to be conducted by the State through | ||||||
24 | the Department. The entire net proceeds of the Lottery
are to |
| |||||||
| |||||||
1 | be used for the support of the State's Common School Fund,
| ||||||
2 | except as provided in subsection (o) of Section 9.1 and | ||||||
3 | Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, and 21.11, | ||||||
4 | 21.12, and 21.13. The General Assembly finds that it is in the | ||||||
5 | public interest for the Department to conduct the functions of | ||||||
6 | the Lottery with the assistance of a private manager under a | ||||||
7 | management agreement overseen by the Department. The | ||||||
8 | Department shall be accountable to the General Assembly and | ||||||
9 | the people of the State through a comprehensive system of | ||||||
10 | regulation, audits, reports, and enduring operational | ||||||
11 | oversight. The Department's ongoing conduct of the Lottery | ||||||
12 | through a management agreement with a private manager shall | ||||||
13 | act to promote and ensure the integrity, security, honesty, | ||||||
14 | and fairness of the Lottery's operation and administration. It | ||||||
15 | is the intent of the General Assembly that the Department | ||||||
16 | shall conduct the Lottery with the assistance of a private | ||||||
17 | manager under a management agreement at all times in a manner | ||||||
18 | consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
| ||||||
19 | Beginning with Fiscal Year 2018 and every year thereafter, | ||||||
20 | any moneys transferred from the State Lottery Fund to the | ||||||
21 | Common School Fund shall be supplemental to, and not in lieu | ||||||
22 | of, any other money due to be transferred to the Common School | ||||||
23 | Fund by law or appropriation. | ||||||
24 | (Source: P.A. 100-466, eff. 6-1-18; 100-647, eff. 7-30-18; | ||||||
25 | 100-1068, eff. 8-24-18; 101-81, eff. 7-12-19; 101-561, eff. | ||||||
26 | 8-23-19; revised 10-21-19.)
|
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| |||||||
1 | (20 ILCS 1605/9.1) | ||||||
2 | Sec. 9.1. Private manager and management agreement. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Offeror" means a person or group of persons that responds | ||||||
5 | to a request for qualifications under this Section. | ||||||
6 | "Request for qualifications" means all materials and | ||||||
7 | documents prepared by the Department to solicit the following | ||||||
8 | from offerors: | ||||||
9 | (1) Statements of qualifications. | ||||||
10 | (2) Proposals to enter into a management agreement, | ||||||
11 | including the identity of any prospective vendor or | ||||||
12 | vendors that the offeror intends to initially engage to | ||||||
13 | assist the offeror in performing its obligations under the | ||||||
14 | management agreement. | ||||||
15 | "Final offer" means the last proposal submitted by an | ||||||
16 | offeror in response to the request for qualifications, | ||||||
17 | including the identity of any prospective vendor or vendors | ||||||
18 | that the offeror intends to initially engage to assist the | ||||||
19 | offeror in performing its obligations under the management | ||||||
20 | agreement. | ||||||
21 | "Final offeror" means the offeror ultimately selected by | ||||||
22 | the Governor to be the private manager for the Lottery under | ||||||
23 | subsection (h) of this Section. | ||||||
24 | (b) By September 15, 2010, the Governor shall select a | ||||||
25 | private manager for the total management of the Lottery with |
| |||||||
| |||||||
1 | integrated functions, such as lottery game design, supply of | ||||||
2 | goods and services, and advertising and as specified in this | ||||||
3 | Section. | ||||||
4 | (c) Pursuant to the terms of this subsection, the | ||||||
5 | Department shall endeavor to expeditiously terminate the | ||||||
6 | existing contracts in support of the Lottery in effect on July | ||||||
7 | 13, 2009 ( the effective date of Public Act 96-37) this | ||||||
8 | amendatory Act of the 96th General Assembly in connection with | ||||||
9 | the selection of the private manager. As part of its | ||||||
10 | obligation to terminate these contracts and select the private | ||||||
11 | manager, the Department shall establish a mutually agreeable | ||||||
12 | timetable to transfer the functions of existing contractors to | ||||||
13 | the private manager so that existing Lottery operations are | ||||||
14 | not materially diminished or impaired during the transition. | ||||||
15 | To that end, the Department shall do the following: | ||||||
16 | (1) where such contracts contain a provision | ||||||
17 | authorizing termination upon notice, the Department shall | ||||||
18 | provide notice of termination to occur upon the mutually | ||||||
19 | agreed timetable for transfer of functions; | ||||||
20 | (2) upon the expiration of any initial term or renewal | ||||||
21 | term of the current Lottery contracts, the Department | ||||||
22 | shall not renew such contract for a term extending beyond | ||||||
23 | the mutually agreed timetable for transfer of functions; | ||||||
24 | or | ||||||
25 | (3) in the event any current contract provides for | ||||||
26 | termination of that contract upon the implementation of a |
| |||||||
| |||||||
1 | contract with the private manager, the Department shall | ||||||
2 | perform all necessary actions to terminate the contract on | ||||||
3 | the date that coincides with the mutually agreed timetable | ||||||
4 | for transfer of functions. | ||||||
5 | If the contracts to support the current operation of the | ||||||
6 | Lottery in effect on July 13, 2009 ( the effective date of | ||||||
7 | Public Act 96-34) this amendatory Act of the 96th General | ||||||
8 | Assembly are not subject to termination as provided for in | ||||||
9 | this subsection (c), then the Department may include a | ||||||
10 | provision in the contract with the private manager specifying | ||||||
11 | a mutually agreeable methodology for incorporation. | ||||||
12 | (c-5) The Department shall include provisions in the | ||||||
13 | management agreement whereby the private manager shall, for a | ||||||
14 | fee, and pursuant to a contract negotiated with the Department | ||||||
15 | (the "Employee Use Contract"), utilize the services of current | ||||||
16 | Department employees to assist in the administration and | ||||||
17 | operation of the Lottery. The Department shall be the employer | ||||||
18 | of all such bargaining unit employees assigned to perform such | ||||||
19 | work for the private manager, and such employees shall be | ||||||
20 | State employees, as defined by the Personnel Code. Department | ||||||
21 | employees shall operate under the same employment policies, | ||||||
22 | rules, regulations, and procedures, as other employees of the | ||||||
23 | Department. In addition, neither historical representation | ||||||
24 | rights under the Illinois Public Labor Relations Act, nor | ||||||
25 | existing collective bargaining agreements, shall be disturbed | ||||||
26 | by the management agreement with the private manager for the |
| |||||||
| |||||||
1 | management of the Lottery. | ||||||
2 | (d) The management agreement with the private manager | ||||||
3 | shall include all of the following: | ||||||
4 | (1) A term not to exceed 10 years, including any | ||||||
5 | renewals. | ||||||
6 | (2) A provision specifying that the Department: | ||||||
7 | (A) shall exercise actual control over all | ||||||
8 | significant business decisions; | ||||||
9 | (A-5) has the authority to direct or countermand | ||||||
10 | operating decisions by the private manager at any | ||||||
11 | time; | ||||||
12 | (B) has ready access at any time to information | ||||||
13 | regarding Lottery operations; | ||||||
14 | (C) has the right to demand and receive | ||||||
15 | information from the private manager concerning any | ||||||
16 | aspect of the Lottery operations at any time; and | ||||||
17 | (D) retains ownership of all trade names, | ||||||
18 | trademarks, and intellectual property associated with | ||||||
19 | the Lottery. | ||||||
20 | (3) A provision imposing an affirmative duty on the | ||||||
21 | private manager to provide the Department with material | ||||||
22 | information and with any information the private manager | ||||||
23 | reasonably believes the Department would want to know to | ||||||
24 | enable the Department to conduct the Lottery. | ||||||
25 | (4) A provision requiring the private manager to | ||||||
26 | provide the Department with advance notice of any |
| |||||||
| |||||||
1 | operating decision that bears significantly on the public | ||||||
2 | interest, including, but not limited to, decisions on the | ||||||
3 | kinds of games to be offered to the public and decisions | ||||||
4 | affecting the relative risk and reward of the games being | ||||||
5 | offered, so the Department has a reasonable opportunity to | ||||||
6 | evaluate and countermand that decision. | ||||||
7 | (5) A provision providing for compensation of the | ||||||
8 | private manager that may consist of, among other things, a | ||||||
9 | fee for services and a performance based bonus as | ||||||
10 | consideration for managing the Lottery, including terms | ||||||
11 | that may provide the private manager with an increase in | ||||||
12 | compensation if Lottery revenues grow by a specified | ||||||
13 | percentage in a given year. | ||||||
14 | (6) (Blank). | ||||||
15 | (7) A provision requiring the deposit of all Lottery | ||||||
16 | proceeds to be deposited into the State Lottery Fund | ||||||
17 | except as otherwise provided in Section 20 of this Act. | ||||||
18 | (8) A provision requiring the private manager to | ||||||
19 | locate its principal office within the State. | ||||||
20 | (8-5) A provision encouraging that at least 20% of the | ||||||
21 | cost of contracts entered into for goods and services by | ||||||
22 | the private manager in connection with its management of | ||||||
23 | the Lottery, other than contracts with sales agents or | ||||||
24 | technical advisors, be awarded to businesses that are a | ||||||
25 | minority-owned business, a women-owned business, or a | ||||||
26 | business owned by a person with disability, as those terms |
| |||||||
| |||||||
1 | are defined in the Business Enterprise for Minorities, | ||||||
2 | Women, and Persons with Disabilities Act. | ||||||
3 | (9) A requirement that so long as the private manager | ||||||
4 | complies with all the conditions of the agreement under | ||||||
5 | the oversight of the Department, the private manager shall | ||||||
6 | have the following duties and obligations with respect to | ||||||
7 | the management of the Lottery: | ||||||
8 | (A) The right to use equipment and other assets | ||||||
9 | used in the operation of the Lottery. | ||||||
10 | (B) The rights and obligations under contracts | ||||||
11 | with retailers and vendors. | ||||||
12 | (C) The implementation of a comprehensive security | ||||||
13 | program by the private manager. | ||||||
14 | (D) The implementation of a comprehensive system | ||||||
15 | of internal audits. | ||||||
16 | (E) The implementation of a program by the private | ||||||
17 | manager to curb compulsive gambling by persons playing | ||||||
18 | the Lottery. | ||||||
19 | (F) A system for determining (i) the type of | ||||||
20 | Lottery games, (ii) the method of selecting winning | ||||||
21 | tickets, (iii) the manner of payment of prizes to | ||||||
22 | holders of winning tickets, (iv) the frequency of | ||||||
23 | drawings of winning tickets, (v) the method to be used | ||||||
24 | in selling tickets, (vi) a system for verifying the | ||||||
25 | validity of tickets claimed to be winning tickets, | ||||||
26 | (vii) the basis upon which retailer commissions are |
| |||||||
| |||||||
1 | established by the manager, and (viii) minimum | ||||||
2 | payouts. | ||||||
3 | (10) A requirement that advertising and promotion must | ||||||
4 | be consistent with Section 7.8a of this Act. | ||||||
5 | (11) A requirement that the private manager market the | ||||||
6 | Lottery to those residents who are new, infrequent, or | ||||||
7 | lapsed players of the Lottery, especially those who are | ||||||
8 | most likely to make regular purchases on the Internet as | ||||||
9 | permitted by law. | ||||||
10 | (12) A code of ethics for the private manager's | ||||||
11 | officers and employees. | ||||||
12 | (13) A requirement that the Department monitor and | ||||||
13 | oversee the private manager's practices and take action | ||||||
14 | that the Department considers appropriate to ensure that | ||||||
15 | the private manager is in compliance with the terms of the | ||||||
16 | management agreement, while allowing the manager, unless | ||||||
17 | specifically prohibited by law or the management | ||||||
18 | agreement, to negotiate and sign its own contracts with | ||||||
19 | vendors. | ||||||
20 | (14) A provision requiring the private manager to | ||||||
21 | periodically file, at least on an annual basis, | ||||||
22 | appropriate financial statements in a form and manner | ||||||
23 | acceptable to the Department. | ||||||
24 | (15) Cash reserves requirements. | ||||||
25 | (16) Procedural requirements for obtaining the prior | ||||||
26 | approval of the Department when a management agreement or |
| |||||||
| |||||||
1 | an interest in a management agreement is sold, assigned, | ||||||
2 | transferred, or pledged as collateral to secure financing. | ||||||
3 | (17) Grounds for the termination of the management | ||||||
4 | agreement by the Department or the private manager. | ||||||
5 | (18) Procedures for amendment of the agreement. | ||||||
6 | (19) A provision requiring the private manager to | ||||||
7 | engage in an open and competitive bidding process for any | ||||||
8 | procurement having a cost in excess of $50,000 that is not | ||||||
9 | a part of the private manager's final offer. The process | ||||||
10 | shall favor the selection of a vendor deemed to have | ||||||
11 | submitted a proposal that provides the Lottery with the | ||||||
12 | best overall value. The process shall not be subject to | ||||||
13 | the provisions of the Illinois Procurement Code, unless | ||||||
14 | specifically required by the management agreement. | ||||||
15 | (20) The transition of rights and obligations, | ||||||
16 | including any associated equipment or other assets used in | ||||||
17 | the operation of the Lottery, from the manager to any | ||||||
18 | successor manager of the lottery, including the | ||||||
19 | Department, following the termination of or foreclosure | ||||||
20 | upon the management agreement. | ||||||
21 | (21) Right of use of copyrights, trademarks, and | ||||||
22 | service marks held by the Department in the name of the | ||||||
23 | State. The agreement must provide that any use of them by | ||||||
24 | the manager shall only be for the purpose of fulfilling | ||||||
25 | its obligations under the management agreement during the | ||||||
26 | term of the agreement. |
| |||||||
| |||||||
1 | (22) The disclosure of any information requested by | ||||||
2 | the Department to enable it to comply with the reporting | ||||||
3 | requirements and information requests provided for under | ||||||
4 | subsection (p) of this Section. | ||||||
5 | (e) Notwithstanding any other law to the contrary, the | ||||||
6 | Department shall select a private manager through a | ||||||
7 | competitive request for qualifications process consistent with | ||||||
8 | Section 20-35 of the Illinois Procurement Code, which shall | ||||||
9 | take into account: | ||||||
10 | (1) the offeror's ability to market the Lottery to | ||||||
11 | those residents who are new, infrequent, or lapsed players | ||||||
12 | of the Lottery, especially those who are most likely to | ||||||
13 | make regular purchases on the Internet; | ||||||
14 | (2) the offeror's ability to address the State's | ||||||
15 | concern with the social effects of gambling on those who | ||||||
16 | can least afford to do so; | ||||||
17 | (3) the offeror's ability to provide the most | ||||||
18 | successful management of the Lottery for the benefit of | ||||||
19 | the people of the State based on current and past business | ||||||
20 | practices or plans of the offeror; and | ||||||
21 | (4) the offeror's poor or inadequate past performance | ||||||
22 | in servicing, equipping, operating or managing a lottery | ||||||
23 | on behalf of Illinois, another State or foreign government | ||||||
24 | and attracting persons who are not currently regular | ||||||
25 | players of a lottery. | ||||||
26 | (f) The Department may retain the services of an advisor |
| |||||||
| |||||||
1 | or advisors with significant experience in financial services | ||||||
2 | or the management, operation, and procurement of goods, | ||||||
3 | services, and equipment for a government-run lottery to assist | ||||||
4 | in the preparation of the terms of the request for | ||||||
5 | qualifications and selection of the private manager. Any | ||||||
6 | prospective advisor seeking to provide services under this | ||||||
7 | subsection (f) shall disclose any material business or | ||||||
8 | financial relationship during the past 3 years with any | ||||||
9 | potential offeror, or with a contractor or subcontractor | ||||||
10 | presently providing goods, services, or equipment to the | ||||||
11 | Department to support the Lottery. The Department shall | ||||||
12 | evaluate the material business or financial relationship of | ||||||
13 | each prospective advisor. The Department shall not select any | ||||||
14 | prospective advisor with a substantial business or financial | ||||||
15 | relationship that the Department deems to impair the | ||||||
16 | objectivity of the services to be provided by the prospective | ||||||
17 | advisor. During the course of the advisor's engagement by the | ||||||
18 | Department, and for a period of one year thereafter, the | ||||||
19 | advisor shall not enter into any business or financial | ||||||
20 | relationship with any offeror or any vendor identified to | ||||||
21 | assist an offeror in performing its obligations under the | ||||||
22 | management agreement. Any advisor retained by the Department | ||||||
23 | shall be disqualified from being an offeror.
The Department | ||||||
24 | shall not include terms in the request for qualifications that | ||||||
25 | provide a material advantage whether directly or indirectly to | ||||||
26 | any potential offeror, or any contractor or subcontractor |
| |||||||
| |||||||
1 | presently providing goods, services, or equipment to the | ||||||
2 | Department to support the Lottery, including terms contained | ||||||
3 | in previous responses to requests for proposals or | ||||||
4 | qualifications submitted to Illinois, another State or foreign | ||||||
5 | government when those terms are uniquely associated with a | ||||||
6 | particular potential offeror, contractor, or subcontractor. | ||||||
7 | The request for proposals offered by the Department on | ||||||
8 | December 22, 2008 as "LOT08GAMESYS" and reference number | ||||||
9 | "22016176" is declared void. | ||||||
10 | (g) The Department shall select at least 2 offerors as | ||||||
11 | finalists to potentially serve as the private manager no later | ||||||
12 | than August 9, 2010. Upon making preliminary selections, the | ||||||
13 | Department shall schedule a public hearing on the finalists' | ||||||
14 | proposals and provide public notice of the hearing at least 7 | ||||||
15 | calendar days before the hearing. The notice must include all | ||||||
16 | of the following: | ||||||
17 | (1) The date, time, and place of the hearing. | ||||||
18 | (2) The subject matter of the hearing. | ||||||
19 | (3) A brief description of the management agreement to | ||||||
20 | be awarded. | ||||||
21 | (4) The identity of the offerors that have been | ||||||
22 | selected as finalists to serve as the private manager. | ||||||
23 | (5) The address and telephone number of the | ||||||
24 | Department. | ||||||
25 | (h) At the public hearing, the Department shall (i) | ||||||
26 | provide sufficient time for each finalist to present and |
| |||||||
| |||||||
1 | explain its proposal to the Department and the Governor or the | ||||||
2 | Governor's designee, including an opportunity to respond to | ||||||
3 | questions posed by the Department, Governor, or designee and | ||||||
4 | (ii) allow the public and non-selected offerors to comment on | ||||||
5 | the presentations. The Governor or a designee shall attend the | ||||||
6 | public hearing. After the public hearing, the Department shall | ||||||
7 | have 14 calendar days to recommend to the Governor whether a | ||||||
8 | management agreement should be entered into with a particular | ||||||
9 | finalist. After reviewing the Department's recommendation, the | ||||||
10 | Governor may accept or reject the Department's recommendation, | ||||||
11 | and shall select a final offeror as the private manager by | ||||||
12 | publication of a notice in the Illinois Procurement Bulletin | ||||||
13 | on or before September 15, 2010. The Governor shall include in | ||||||
14 | the notice a detailed explanation and the reasons why the | ||||||
15 | final offeror is superior to other offerors and will provide | ||||||
16 | management services in a manner that best achieves the | ||||||
17 | objectives of this Section. The Governor shall also sign the | ||||||
18 | management agreement with the private manager. | ||||||
19 | (i) Any action to contest the private manager selected by | ||||||
20 | the Governor under this Section must be brought within 7 | ||||||
21 | calendar days after the publication of the notice of the | ||||||
22 | designation of the private manager as provided in subsection | ||||||
23 | (h) of this Section. | ||||||
24 | (j) The Lottery shall remain, for so long as a private | ||||||
25 | manager manages the Lottery in accordance with provisions of | ||||||
26 | this Act, a Lottery conducted by the State, and the State shall |
| |||||||
| |||||||
1 | not be authorized to sell or transfer the Lottery to a third | ||||||
2 | party. | ||||||
3 | (k) Any tangible personal property used exclusively in | ||||||
4 | connection with the lottery that is owned by the Department | ||||||
5 | and leased to the private manager shall be owned by the | ||||||
6 | Department in the name of the State and shall be considered to | ||||||
7 | be public property devoted to an essential public and | ||||||
8 | governmental function. | ||||||
9 | (l) The Department may exercise any of its powers under | ||||||
10 | this Section or any other law as necessary or desirable for the | ||||||
11 | execution of the Department's powers under this Section. | ||||||
12 | (m) Neither this Section nor any management agreement | ||||||
13 | entered into under this Section prohibits the General Assembly | ||||||
14 | from authorizing forms of gambling that are not in direct | ||||||
15 | competition with the Lottery. The forms of gambling authorized | ||||||
16 | by Public Act 101-31 this amendatory Act of the 101st General | ||||||
17 | Assembly constitute authorized forms of gambling that are not | ||||||
18 | in direct competition with the Lottery. | ||||||
19 | (n) The private manager shall be subject to a complete | ||||||
20 | investigation in the third, seventh, and tenth years of the | ||||||
21 | agreement (if the agreement is for a 10-year term) by the | ||||||
22 | Department in cooperation with the Auditor General to | ||||||
23 | determine whether the private manager has complied with this | ||||||
24 | Section and the management agreement. The private manager | ||||||
25 | shall bear the cost of an investigation or reinvestigation of | ||||||
26 | the private manager under this subsection. |
| |||||||
| |||||||
1 | (o) The powers conferred by this Section are in addition | ||||||
2 | and supplemental to the powers conferred by any other law. If | ||||||
3 | any other law or rule is inconsistent with this Section, | ||||||
4 | including, but not limited to, provisions of the Illinois | ||||||
5 | Procurement Code, then this Section controls as to any | ||||||
6 | management agreement entered into under this Section. This | ||||||
7 | Section and any rules adopted under this Section contain full | ||||||
8 | and complete authority for a management agreement between the | ||||||
9 | Department and a private manager. No law, procedure, | ||||||
10 | proceeding, publication, notice, consent, approval, order, or | ||||||
11 | act by the Department or any other officer, Department, | ||||||
12 | agency, or instrumentality of the State or any political | ||||||
13 | subdivision is required for the Department to enter into a | ||||||
14 | management agreement under this Section. This Section contains | ||||||
15 | full and complete authority for the Department to approve any | ||||||
16 | contracts entered into by a private manager with a vendor | ||||||
17 | providing goods, services, or both goods and services to the | ||||||
18 | private manager under the terms of the management agreement, | ||||||
19 | including subcontractors of such vendors. | ||||||
20 | Upon receipt of a written request from the Chief | ||||||
21 | Procurement Officer, the Department shall provide to the Chief | ||||||
22 | Procurement Officer a complete and un-redacted copy of the | ||||||
23 | management agreement or any contract that is subject to the | ||||||
24 | Department's approval authority under this subsection (o). The | ||||||
25 | Department shall provide a copy of the agreement or contract | ||||||
26 | to the Chief Procurement Officer in the time specified by the |
| |||||||
| |||||||
1 | Chief Procurement Officer in his or her written request, but | ||||||
2 | no later than 5 business days after the request is received by | ||||||
3 | the Department. The Chief Procurement Officer must retain any | ||||||
4 | portions of the management agreement or of any contract | ||||||
5 | designated by the Department as confidential, proprietary, or | ||||||
6 | trade secret information in complete confidence pursuant to | ||||||
7 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
8 | The Department shall also provide the Chief Procurement | ||||||
9 | Officer with reasonable advance written notice of any contract | ||||||
10 | that is pending Department approval. | ||||||
11 | Notwithstanding any other provision of this Section to the | ||||||
12 | contrary, the Chief Procurement Officer shall adopt | ||||||
13 | administrative rules, including emergency rules, to establish | ||||||
14 | a procurement process to select a successor private manager if | ||||||
15 | a private management agreement has been terminated. The | ||||||
16 | selection process shall at a minimum take into account the | ||||||
17 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
18 | of this Section and may include provisions consistent with | ||||||
19 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
20 | Procurement Officer shall also implement and administer the | ||||||
21 | adopted selection process upon the termination of a private | ||||||
22 | management agreement. The Department, after the Chief | ||||||
23 | Procurement Officer certifies that the procurement process has | ||||||
24 | been followed in accordance with the rules adopted under this | ||||||
25 | subsection (o), shall select a final offeror as the private | ||||||
26 | manager and sign the management agreement with the private |
| |||||||
| |||||||
1 | manager. | ||||||
2 | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, | ||||||
3 | 21.9, 21.10, 21.11, 21.12, and 21.13 , the Department shall | ||||||
4 | distribute all proceeds of lottery tickets and shares sold in | ||||||
5 | the following priority and manner: | ||||||
6 | (1) The payment of prizes and retailer bonuses. | ||||||
7 | (2) The payment of costs incurred in the operation and | ||||||
8 | administration of the Lottery, including the payment of | ||||||
9 | sums due to the private manager under the management | ||||||
10 | agreement with the Department. | ||||||
11 | (3) On the last day of each month or as soon thereafter | ||||||
12 | as possible, the State Comptroller shall direct and the | ||||||
13 | State Treasurer shall transfer from the State Lottery Fund | ||||||
14 | to the Common School Fund an amount that is equal to the | ||||||
15 | proceeds transferred in the corresponding month of fiscal | ||||||
16 | year 2009, as adjusted for inflation, to the Common School | ||||||
17 | Fund. | ||||||
18 | (4) On or before September 30 of each fiscal year, | ||||||
19 | deposit any estimated remaining proceeds from the prior | ||||||
20 | fiscal year, subject to payments under items (1), (2), and | ||||||
21 | (3), into the Capital Projects Fund. Beginning in fiscal | ||||||
22 | year 2019, the amount deposited shall be increased or | ||||||
23 | decreased each year by the amount the estimated payment | ||||||
24 | differs from the amount determined from each year-end | ||||||
25 | financial audit. Only remaining net deficits from prior | ||||||
26 | fiscal years may reduce the requirement to deposit these |
| |||||||
| |||||||
1 | funds, as determined by the annual financial audit. | ||||||
2 | (p) The Department shall be subject to the following | ||||||
3 | reporting and information request requirements: | ||||||
4 | (1) the Department shall submit written quarterly | ||||||
5 | reports to the Governor and the General Assembly on the | ||||||
6 | activities and actions of the private manager selected | ||||||
7 | under this Section; | ||||||
8 | (2) upon request of the Chief Procurement Officer, the | ||||||
9 | Department shall promptly produce information related to | ||||||
10 | the procurement activities of the Department and the | ||||||
11 | private manager requested by the Chief Procurement | ||||||
12 | Officer; the Chief Procurement Officer must retain | ||||||
13 | confidential, proprietary, or trade secret information | ||||||
14 | designated by the Department in complete confidence | ||||||
15 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
16 | Information Act; and | ||||||
17 | (3) at least 30 days prior to the beginning of the | ||||||
18 | Department's fiscal year, the Department shall prepare an | ||||||
19 | annual written report on the activities of the private | ||||||
20 | manager selected under this Section and deliver that | ||||||
21 | report to the Governor and General Assembly. | ||||||
22 | (Source: P.A. 100-391, eff. 8-25-17; 100-587, eff. 6-4-18; | ||||||
23 | 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; 101-31, eff. | ||||||
24 | 6-28-19; 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; revised | ||||||
25 | 10-21-19.)
|
| |||||||
| |||||||
1 | Section 130. The Department of Public Health Powers and | ||||||
2 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by setting forth and renumbering multiple versions of | ||||||
4 | Sections 2310-223 and 2310-455 and by changing Section | ||||||
5 | 2310-670 as follows:
| ||||||
6 | (20 ILCS 2310/2310-222) | ||||||
7 | Sec. 2310-222 2310-223 . Obstetric hemorrhage and | ||||||
8 | hypertension training. | ||||||
9 | (a) As used in this Section, "birthing facility" means (1) | ||||||
10 | a hospital, as defined in the Hospital Licensing Act, with | ||||||
11 | more than one licensed obstetric bed or a neonatal intensive | ||||||
12 | care unit; (2) a hospital operated by a State university; or | ||||||
13 | (3) a birth center, as defined in the Alternative Health Care | ||||||
14 | Delivery Act. | ||||||
15 | (b) The Department shall ensure that all birthing | ||||||
16 | facilities conduct continuing education yearly for providers | ||||||
17 | and staff of obstetric medicine and of the emergency | ||||||
18 | department and other staff that may care for pregnant or | ||||||
19 | postpartum women. The continuing education shall include | ||||||
20 | yearly educational modules regarding management of severe | ||||||
21 | maternal hypertension and obstetric hemorrhage for units that | ||||||
22 | care for pregnant or postpartum women. Birthing facilities | ||||||
23 | must demonstrate compliance with these education and training | ||||||
24 | requirements. | ||||||
25 | (c) The Department shall collaborate with the Illinois |
| |||||||
| |||||||
1 | Perinatal Quality Collaborative or its successor organization | ||||||
2 | to develop an initiative to improve birth equity and reduce | ||||||
3 | peripartum racial and ethnic disparities. The Department shall | ||||||
4 | ensure that the initiative includes the development of best | ||||||
5 | practices for implicit bias training and education in cultural | ||||||
6 | competency to be used by birthing facilities in interactions | ||||||
7 | between patients and providers. In developing the initiative, | ||||||
8 | the Illinois Perinatal Quality Collaborative or its successor | ||||||
9 | organization shall consider existing programs, such as the | ||||||
10 | Alliance for Innovation on Maternal Health and the California | ||||||
11 | Maternal Quality Collaborative's pilot work on improving birth | ||||||
12 | equity. The Department shall support the initiation of a | ||||||
13 | statewide perinatal quality improvement initiative in | ||||||
14 | collaboration with birthing facilities to implement strategies | ||||||
15 | to reduce peripartum racial and ethnic disparities and to | ||||||
16 | address implicit bias in the health care system. | ||||||
17 | (d) The Department, in consultation with the Maternal | ||||||
18 | Mortality Review Committee, shall make available to all | ||||||
19 | birthing facilities best practices for timely identification | ||||||
20 | of all pregnant and postpartum women in the emergency | ||||||
21 | department and for appropriate and timely consultation of an | ||||||
22 | obstetric provider to provide input on management and | ||||||
23 | follow-up. Birthing facilities may use telemedicine for the | ||||||
24 | consultation. | ||||||
25 | (e) The Department may adopt rules for the purpose of | ||||||
26 | implementing this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-390, eff. 1-1-20; revised 10-7-19.)
| ||||||
2 | (20 ILCS 2310/2310-223) | ||||||
3 | Sec. 2310-223. Maternal care. | ||||||
4 | (a) The Department shall establish a classification system | ||||||
5 | for the following levels of maternal care: | ||||||
6 | (1) basic care: care of uncomplicated pregnancies with | ||||||
7 | the ability to detect, stabilize, and initiate management | ||||||
8 | of unanticipated maternal-fetal or neonatal problems that | ||||||
9 | occur during the antepartum, intrapartum, or postpartum | ||||||
10 | period until the patient can be transferred to a facility | ||||||
11 | at which specialty maternal care is available; | ||||||
12 | (2) specialty care: basic care plus care of | ||||||
13 | appropriate high-risk antepartum, intrapartum, or | ||||||
14 | postpartum conditions, both directly admitted and | ||||||
15 | transferred to another facility; | ||||||
16 | (3) subspecialty care: specialty care plus care of | ||||||
17 | more complex maternal medical conditions, obstetric | ||||||
18 | complications, and fetal conditions; and | ||||||
19 | (4) regional perinatal health care: subspecialty care | ||||||
20 | plus on-site medical and surgical care of the most complex | ||||||
21 | maternal conditions, critically ill pregnant women, and | ||||||
22 | fetuses throughout antepartum, intrapartum, and postpartum | ||||||
23 | care. | ||||||
24 | (b) The Department shall: | ||||||
25 | (1) introduce uniform designations for levels of |
| |||||||
| |||||||
1 | maternal care that are complimentary but distinct from | ||||||
2 | levels of neonatal care; | ||||||
3 | (2) establish clear, uniform criteria for designation | ||||||
4 | of maternal centers that are integrated with emergency | ||||||
5 | response systems to help ensure that the appropriate | ||||||
6 | personnel, physical space, equipment, and technology are | ||||||
7 | available to achieve optimal outcomes, as well as to | ||||||
8 | facilitate subsequent data collection regarding | ||||||
9 | risk-appropriate care; | ||||||
10 | (3) require each health care facility to have a clear | ||||||
11 | understanding of its capability to handle increasingly | ||||||
12 | complex levels of maternal care, and to have a | ||||||
13 | well-defined threshold for transferring women to health | ||||||
14 | care facilities that offer a higher level of care; to | ||||||
15 | ensure optimal care of all pregnant women, the Department | ||||||
16 | shall require all birth centers, hospitals, and | ||||||
17 | higher-level facilities to collaborate in order to develop | ||||||
18 | and maintain maternal and neonatal transport plans and | ||||||
19 | cooperative agreements capable of managing the health care | ||||||
20 | needs of women who develop complications; the Department | ||||||
21 | shall require that receiving hospitals openly accept | ||||||
22 | transfers; | ||||||
23 | (4) require higher-level facilities to provide | ||||||
24 | training for quality improvement initiatives, educational | ||||||
25 | support, and severe morbidity and mortality case review | ||||||
26 | for lower-level hospitals; the Department shall ensure |
| |||||||
| |||||||
1 | that, in those regions that do not have a facility that | ||||||
2 | qualifies as a regional perinatal health care facility, | ||||||
3 | any specialty care facility in the region will provide the | ||||||
4 | educational and consultation function; | ||||||
5 | (5) require facilities and regional systems to develop | ||||||
6 | methods to track severe maternal morbidity and mortality | ||||||
7 | to assess the efficacy of utilizing maternal levels of | ||||||
8 | care; | ||||||
9 | (6) analyze data collected from all facilities and | ||||||
10 | regional systems in order to inform future updates to the | ||||||
11 | levels of maternal care; | ||||||
12 | (7) require follow-up interdisciplinary work groups to | ||||||
13 | further explore the implementation needs that are | ||||||
14 | necessary to adopt the proposed classification system for | ||||||
15 | levels of maternal care in all facilities that provide | ||||||
16 | maternal care; | ||||||
17 | (8) disseminate data and materials to raise public | ||||||
18 | awareness about the importance of prenatal care and | ||||||
19 | maternal health; | ||||||
20 | (9) engage the Illinois Chapter of the American | ||||||
21 | Academy of Pediatrics in creating a quality improvement | ||||||
22 | initiative to expand efforts of pediatricians conducting | ||||||
23 | postpartum depression screening at well baby visits during | ||||||
24 | the first year of life; and | ||||||
25 | (10) adopt rules in accordance with the Illinois | ||||||
26 | Administrative Procedure Act to implement this subsection.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-447, eff. 8-23-19.)
| ||||||
2 | (20 ILCS 2310/2310-455) | ||||||
3 | (Section scheduled to be repealed on January 1, 2022) | ||||||
4 | Sec. 2310-455. Federal funding to support maternal mental | ||||||
5 | health. | ||||||
6 | (a) The Department shall investigate and apply for federal | ||||||
7 | funding opportunities to support maternal mental health, to | ||||||
8 | the extent that programs are financed, in whole, by federal | ||||||
9 | funds. | ||||||
10 | (b) The Department shall file a report with the General | ||||||
11 | Assembly on or before January 1, 2021 of the Department's | ||||||
12 | efforts to secure and utilize the federal funding it receives | ||||||
13 | from the requirement specified in subsection (a). | ||||||
14 | (c) This Section is repealed on January 1, 2022.
| ||||||
15 | (Source: P.A. 101-70, eff. 1-1-20.)
| ||||||
16 | (20 ILCS 2310/2310-460) | ||||||
17 | Sec. 2310-460 2310-455 . Suicide prevention. Subject to | ||||||
18 | appropriation, the Department shall implement activities | ||||||
19 | associated with the Suicide Prevention, Education, and | ||||||
20 | Treatment Act, including, but not limited to, the following: | ||||||
21 | (1) Coordinating suicide prevention, intervention, and | ||||||
22 | postvention programs, services, and efforts statewide. | ||||||
23 | (2) Developing and submitting proposals for funding | ||||||
24 | from federal agencies or other sources of funding to |
| |||||||
| |||||||
1 | promote suicide prevention and coordinate activities. | ||||||
2 | (3) With input from the Illinois Suicide Prevention | ||||||
3 | Alliance, preparing the Illinois Suicide Prevention | ||||||
4 | Strategic Plan required under Section 15 of the Suicide | ||||||
5 | Prevention, Education, and Treatment Act and coordinating | ||||||
6 | the activities necessary to implement the recommendations | ||||||
7 | in that Plan. | ||||||
8 | (4) With input from the Illinois Suicide Prevention | ||||||
9 | Alliance, providing to the Governor and General Assembly | ||||||
10 | the annual report required under Section 13 of the Suicide | ||||||
11 | Prevention, Education, and Treatment Act. | ||||||
12 | (5) Providing technical support for the activities of | ||||||
13 | the Illinois Suicide Prevention Alliance.
| ||||||
14 | (Source: P.A. 101-331, eff. 8-9-19; revised 9-24-19.)
| ||||||
15 | (20 ILCS 2310/2310-670) | ||||||
16 | Sec. 2310-670. Breast cancer patient education. | ||||||
17 | (a) The General Assembly makes the following findings: | ||||||
18 | (1) Annually, about 207,090 new cases of breast cancer | ||||||
19 | are diagnosed, according to the American Cancer Society. | ||||||
20 | (2) Breast cancer has a disproportionate and | ||||||
21 | detrimental impact on African-American women and is the | ||||||
22 | most common cancer among Hispanic and Latina women. | ||||||
23 | (3) African-American women under the age of 40 have a | ||||||
24 | greater incidence of breast cancer than Caucasian women of | ||||||
25 | the same age. |
| |||||||
| |||||||
1 | (4) Individuals undergoing surgery for breast cancer | ||||||
2 | should give due consideration to the option of breast | ||||||
3 | reconstructive surgery, either at the same time as the | ||||||
4 | breast cancer surgery or at a later date. | ||||||
5 | (5) According to the American Cancer Society, | ||||||
6 | immediate breast reconstruction offers the advantage of | ||||||
7 | combining the breast cancer surgery with the | ||||||
8 | reconstructive surgery and is cost effective. | ||||||
9 | (6) According to the American Cancer Society, delayed | ||||||
10 | breast reconstruction may be advantageous in women who | ||||||
11 | require post-surgical radiation or other treatments. | ||||||
12 | (7) A woman suffering from the loss of her breast may | ||||||
13 | not be a candidate for surgical breast reconstruction or | ||||||
14 | may choose not to undergo additional surgery and instead | ||||||
15 | choose breast prostheses. | ||||||
16 | (8) The federal Women's Health and Cancer Rights Act | ||||||
17 | of 1998 requires health plans that offer breast cancer | ||||||
18 | coverage to also provide for breast reconstruction. | ||||||
19 | (9) Required coverage for breast reconstruction | ||||||
20 | includes all the necessary stages of reconstruction. | ||||||
21 | Surgery of the opposite breast for symmetry may be | ||||||
22 | required. Breast prostheses may be necessary. Other | ||||||
23 | sequelae of breast cancer treatment, such as lymphedema, | ||||||
24 | must be covered. | ||||||
25 | (10) Several states have enacted laws to require that | ||||||
26 | women receive information on their breast cancer treatment |
| |||||||
| |||||||
1 | and reconstruction options. | ||||||
2 | (b) In this Section: | ||||||
3 | "Hispanic" has the same meaning as in Section 1707 of | ||||||
4 | the federal Public Health Service Services Act. | ||||||
5 | "Racial and ethnic minority group" has the same | ||||||
6 | meaning as in Section 1707 of the federal Public Health | ||||||
7 | Services Act. | ||||||
8 | (c) The Director shall provide for the planning and | ||||||
9 | implementation of an education campaign to inform breast | ||||||
10 | cancer patients, especially those in racial and ethnic | ||||||
11 | minority groups, anticipating surgery regarding the | ||||||
12 | availability and coverage of breast reconstruction, | ||||||
13 | prostheses, and other options. The
campaign shall include the | ||||||
14 | dissemination, at a minimum, on relevant State health Internet | ||||||
15 | websites, including the Department of Public Health's Internet | ||||||
16 | website, of the following information: | ||||||
17 | (1) Breast reconstruction is possible at the time of | ||||||
18 | breast cancer surgery or in a delayed fashion. | ||||||
19 | (2) Prostheses or breast forms may be available. | ||||||
20 | (3) Federal law mandates both public and private | ||||||
21 | health plans to include coverage of breast reconstruction | ||||||
22 | and prostheses. | ||||||
23 | (4) The patient has a right to choose the provider of | ||||||
24 | reconstructive care, including the potential transfer of | ||||||
25 | care to a surgeon that provides breast reconstructive | ||||||
26 | care. |
| |||||||
| |||||||
1 | (5) The patient may opt to undergo breast | ||||||
2 | reconstruction in a delayed fashion for personal reasons | ||||||
3 | or after completion of all other breast cancer treatments. | ||||||
4 | The campaign may include dissemination of such other | ||||||
5 | information, whether developed by the Director or by other | ||||||
6 | entities, as the Director determines relevant.
The campaign | ||||||
7 | shall not specify, or be designed to serve as a tool to limit, | ||||||
8 | the health care providers available to patients. | ||||||
9 | (d) In developing the information to be disseminated under | ||||||
10 | this Section, the Director shall consult with appropriate | ||||||
11 | medical societies and patient advocates related to breast | ||||||
12 | cancer, patient advocates representing racial and ethnic | ||||||
13 | minority groups, with a special emphasis on African-American | ||||||
14 | and Hispanic populations' breast reconstructive surgery, and | ||||||
15 | breast prostheses and breast forms. | ||||||
16 | (e) Beginning no later than January 1, 2016 (2 years after | ||||||
17 | the effective date of Public Act 98-479) and continuing each | ||||||
18 | second year thereafter, the Director shall submit to the | ||||||
19 | General Assembly a report describing the activities carried | ||||||
20 | out under this Section during the preceding 2 fiscal years, | ||||||
21 | including evaluating the extent to which the activities have | ||||||
22 | been effective in improving the health of racial and ethnic | ||||||
23 | minority groups.
| ||||||
24 | (Source: P.A. 98-479, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
25 | revised 8-18-20.)
|
| |||||||
| |||||||
1 | Section 135. The State Police Act is amended by changing | ||||||
2 | Section 40 as follows:
| ||||||
3 | (20 ILCS 2610/40) | ||||||
4 | Sec. 40. Training; administration of epinephrine. | ||||||
5 | (a) This Section, along with Section 10.19 of the Illinois | ||||||
6 | Police Training Act, may be referred to as the Annie LeGere | ||||||
7 | Law. | ||||||
8 | (b) For the purposes of this Section, "epinephrine | ||||||
9 | auto-injector" means a single-use device used for the | ||||||
10 | automatic injection of a pre-measured dose of epinephrine into | ||||||
11 | the human body prescribed in the name of the Department. | ||||||
12 | (c) The Department may conduct or approve a training | ||||||
13 | program for State Police officers to recognize and respond to | ||||||
14 | anaphylaxis, including, but not limited to: | ||||||
15 | (1) how to recognize symptoms of an allergic reaction; | ||||||
16 | (2) how to respond to an emergency involving an | ||||||
17 | allergic reaction; | ||||||
18 | (3) how to administer an epinephrine auto-injector; | ||||||
19 | (4) how to respond to an individual with a known | ||||||
20 | allergy as well as an individual with a previously unknown | ||||||
21 | allergy; | ||||||
22 | (5) a test demonstrating competency of the knowledge | ||||||
23 | required to recognize anaphylaxis and administer an | ||||||
24 | epinephrine auto-injector; and | ||||||
25 | (6) other criteria as determined in rules adopted by |
| |||||||
| |||||||
1 | the Department. | ||||||
2 | (d) The Department may authorize a State Police officer | ||||||
3 | who has completed the training program under subsection (c) to | ||||||
4 | carry, administer, or assist with the administration of | ||||||
5 | epinephrine auto-injectors whenever he or she is performing | ||||||
6 | official duties. | ||||||
7 | (e) The Department must establish a written policy to | ||||||
8 | control the acquisition, storage, transportation, | ||||||
9 | administration, and disposal of epinephrine auto-injectors | ||||||
10 | before it allows any State Police officer to carry and | ||||||
11 | administer epinephrine auto-injectors. | ||||||
12 | (f) A physician, physician physician's assistant with | ||||||
13 | prescriptive authority, or advanced practice registered nurse | ||||||
14 | with prescriptive authority may provide a standing protocol or | ||||||
15 | prescription for epinephrine auto-injectors in the name of the | ||||||
16 | Department to be maintained for use when necessary. | ||||||
17 | (g) When a State Police officer administers an epinephrine | ||||||
18 | auto-injector in good faith, the officer and the Department, | ||||||
19 | and its employees and agents, including a physician, physician | ||||||
20 | physician's assistant with prescriptive authority, or advanced | ||||||
21 | practice registered nurse with prescriptive authority who | ||||||
22 | provides a standing order or prescription for an epinephrine | ||||||
23 | auto-injector, incur no civil or professional liability, | ||||||
24 | except for willful and wanton conduct, as a result of any | ||||||
25 | injury or death arising from the use of an epinephrine | ||||||
26 | auto-injector.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
2 | 100-648, eff. 7-31-18; revised 1-14-20.)
| ||||||
3 | Section 140. The State Police Radio Act is amended by | ||||||
4 | changing Section 5 as follows:
| ||||||
5 | (20 ILCS 2615/5) (from Ch. 121, par. 307.25)
| ||||||
6 | Sec. 5.
Any telegraph or telephone operator who fails to | ||||||
7 | give priority to
messages or calls as provided in Section | ||||||
8 | section 3 of this Act or any person who
installs or uses a | ||||||
9 | short wavelength wave length radio receiving set in any | ||||||
10 | automobile
contrary to the provisions in Section section 4 of | ||||||
11 | this Act or who wilfully makes
any false, misleading , or | ||||||
12 | unfounded report to any broadcasting station
established under | ||||||
13 | this Act act for the purpose of interfering with the
operation | ||||||
14 | thereof or with the intention of misleading any officer of | ||||||
15 | this
State, shall be deemed guilty of a Class B misdemeanor.
| ||||||
16 | (Source: P.A. 77-2241; revised 8-18-20.)
| ||||||
17 | Section 145. The Criminal Identification Act is amended by | ||||||
18 | changing Section 5.2 as follows:
| ||||||
19 | (20 ILCS 2630/5.2)
| ||||||
20 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
21 | (a) General Provisions. | ||||||
22 | (1) Definitions. In this Act, words and phrases have
|
| |||||||
| |||||||
1 | the meanings set forth in this subsection, except when a
| ||||||
2 | particular context clearly requires a different meaning. | ||||||
3 | (A) The following terms shall have the meanings | ||||||
4 | ascribed to them in the Unified Code of Corrections, | ||||||
5 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
6 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
7 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
8 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
9 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
10 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
11 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
12 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
13 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
14 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
15 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
16 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
17 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
18 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
19 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
20 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
21 | (B) As used in this Section, "charge not initiated | ||||||
22 | by arrest" means a charge (as defined by 730 ILCS | ||||||
23 | 5/5-1-3) brought against a defendant where the | ||||||
24 | defendant is not arrested prior to or as a direct | ||||||
25 | result of the charge. | ||||||
26 | (C) "Conviction" means a judgment of conviction or |
| |||||||
| |||||||
1 | sentence entered upon a plea of guilty or upon a | ||||||
2 | verdict or finding of guilty of an offense, rendered | ||||||
3 | by a legally constituted jury or by a court of | ||||||
4 | competent jurisdiction authorized to try the case | ||||||
5 | without a jury. An order of supervision successfully | ||||||
6 | completed by the petitioner is not a conviction. An | ||||||
7 | order of qualified probation (as defined in subsection | ||||||
8 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
9 | not a conviction. An order of supervision or an order | ||||||
10 | of qualified probation that is terminated | ||||||
11 | unsatisfactorily is a conviction, unless the | ||||||
12 | unsatisfactory termination is reversed, vacated, or | ||||||
13 | modified and the judgment of conviction, if any, is | ||||||
14 | reversed or vacated. | ||||||
15 | (D) "Criminal offense" means a petty offense, | ||||||
16 | business offense, misdemeanor, felony, or municipal | ||||||
17 | ordinance violation (as defined in subsection | ||||||
18 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
19 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
20 | be considered a criminal offense. | ||||||
21 | (E) "Expunge" means to physically destroy the | ||||||
22 | records or return them to the petitioner and to | ||||||
23 | obliterate the petitioner's name from any official | ||||||
24 | index or public record, or both. Nothing in this Act | ||||||
25 | shall require the physical destruction of the circuit | ||||||
26 | court file, but such records relating to arrests or |
| |||||||
| |||||||
1 | charges, or both, ordered expunged shall be impounded | ||||||
2 | as required by subsections (d)(9)(A)(ii) and | ||||||
3 | (d)(9)(B)(ii). | ||||||
4 | (F) As used in this Section, "last sentence" means | ||||||
5 | the sentence, order of supervision, or order of | ||||||
6 | qualified probation (as defined by subsection | ||||||
7 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
8 | subsection (a)(1)(D)) that terminates last in time in | ||||||
9 | any jurisdiction, regardless of whether the petitioner | ||||||
10 | has included the criminal offense for which the | ||||||
11 | sentence or order of supervision or qualified | ||||||
12 | probation was imposed in his or her petition. If | ||||||
13 | multiple sentences, orders of supervision, or orders | ||||||
14 | of qualified probation terminate on the same day and | ||||||
15 | are last in time, they shall be collectively | ||||||
16 | considered the "last sentence" regardless of whether | ||||||
17 | they were ordered to run concurrently. | ||||||
18 | (G) "Minor traffic offense" means a petty offense, | ||||||
19 | business offense, or Class C misdemeanor under the | ||||||
20 | Illinois Vehicle Code or a similar provision of a | ||||||
21 | municipal or local ordinance. | ||||||
22 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
23 | of Section 4 or 5 of the Cannabis Control Act | ||||||
24 | concerning not more than 30 grams of any substance | ||||||
25 | containing cannabis, provided the violation did not | ||||||
26 | include a penalty enhancement under Section 7 of the |
| |||||||
| |||||||
1 | Cannabis Control Act and is not associated with an | ||||||
2 | arrest, conviction or other disposition for a violent | ||||||
3 | crime as defined in subsection (c) of Section 3 of the | ||||||
4 | Rights of Crime Victims and Witnesses Act. | ||||||
5 | (H) "Municipal ordinance violation" means an | ||||||
6 | offense defined by a municipal or local ordinance that | ||||||
7 | is criminal in nature and with which the petitioner | ||||||
8 | was charged or for which the petitioner was arrested | ||||||
9 | and released without charging. | ||||||
10 | (I) "Petitioner" means an adult or a minor | ||||||
11 | prosecuted as an
adult who has applied for relief | ||||||
12 | under this Section. | ||||||
13 | (J) "Qualified probation" means an order of | ||||||
14 | probation under Section 10 of the Cannabis Control | ||||||
15 | Act, Section 410 of the Illinois Controlled Substances | ||||||
16 | Act, Section 70 of the Methamphetamine Control and | ||||||
17 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
18 | of the Unified Code of Corrections, Section | ||||||
19 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
20 | those provisions existed before their deletion by | ||||||
21 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
22 | Alcoholism and Other Drug Dependency Act, Section | ||||||
23 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
24 | of the Steroid Control Act. For the purpose of this | ||||||
25 | Section, "successful completion" of an order of | ||||||
26 | qualified probation under Section 10-102 of the |
| |||||||
| |||||||
1 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
2 | Section 40-10 of the Substance Use Disorder Act means | ||||||
3 | that the probation was terminated satisfactorily and | ||||||
4 | the judgment of conviction was vacated. | ||||||
5 | (K) "Seal" means to physically and electronically | ||||||
6 | maintain the records, unless the records would | ||||||
7 | otherwise be destroyed due to age, but to make the | ||||||
8 | records unavailable without a court order, subject to | ||||||
9 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
10 | petitioner's name shall also be obliterated from the | ||||||
11 | official index required to be kept by the circuit | ||||||
12 | court clerk under Section 16 of the Clerks of Courts | ||||||
13 | Act, but any index issued by the circuit court clerk | ||||||
14 | before the entry of the order to seal shall not be | ||||||
15 | affected. | ||||||
16 | (L) "Sexual offense committed against a minor" | ||||||
17 | includes, but is
not limited to, the offenses of | ||||||
18 | indecent solicitation of a child
or criminal sexual | ||||||
19 | abuse when the victim of such offense is
under 18 years | ||||||
20 | of age. | ||||||
21 | (M) "Terminate" as it relates to a sentence or | ||||||
22 | order of supervision or qualified probation includes | ||||||
23 | either satisfactory or unsatisfactory termination of | ||||||
24 | the sentence, unless otherwise specified in this | ||||||
25 | Section. A sentence is terminated notwithstanding any | ||||||
26 | outstanding financial legal obligation. |
| |||||||
| |||||||
1 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
2 | convictions for minor traffic offenses shall not affect a | ||||||
3 | petitioner's eligibility to expunge or seal records | ||||||
4 | pursuant to this Section. | ||||||
5 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
6 | effective date of Public Act 99-697), the law enforcement | ||||||
7 | agency issuing the citation shall automatically expunge, | ||||||
8 | on or before January 1 and July 1 of each year, the law | ||||||
9 | enforcement records of a person found to have committed a | ||||||
10 | civil law violation of subsection (a) of Section 4 of the | ||||||
11 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
12 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
13 | agency's possession or control and which contains the | ||||||
14 | final satisfactory disposition which pertain to the person | ||||||
15 | issued a citation for that offense.
The law enforcement | ||||||
16 | agency shall provide by rule the process for access, | ||||||
17 | review, and to confirm the automatic expungement by the | ||||||
18 | law enforcement agency issuing the citation.
Commencing | ||||||
19 | 180 days after July 29, 2016 (the effective date of Public | ||||||
20 | Act 99-697), the clerk of the circuit court shall expunge, | ||||||
21 | upon order of the court, or in the absence of a court order | ||||||
22 | on or before January 1 and July 1 of each year, the court | ||||||
23 | records of a person found in the circuit court to have | ||||||
24 | committed a civil law violation of subsection (a) of | ||||||
25 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
26 | Section 3.5 of the Drug Paraphernalia Control Act in the |
| |||||||
| |||||||
1 | clerk's possession or control and which contains the final | ||||||
2 | satisfactory disposition which pertain to the person | ||||||
3 | issued a citation for any of those offenses. | ||||||
4 | (3) Exclusions. Except as otherwise provided in | ||||||
5 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
6 | of this Section, the court shall not order: | ||||||
7 | (A) the sealing or expungement of the records of | ||||||
8 | arrests or charges not initiated by arrest that result | ||||||
9 | in an order of supervision for or conviction of:
(i) | ||||||
10 | any sexual offense committed against a
minor; (ii) | ||||||
11 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
12 | similar provision of a local ordinance; or (iii) | ||||||
13 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance, unless the | ||||||
15 | arrest or charge is for a misdemeanor violation of | ||||||
16 | subsection (a) of Section 11-503 or a similar | ||||||
17 | provision of a local ordinance, that occurred prior to | ||||||
18 | the offender reaching the age of 25 years and the | ||||||
19 | offender has no other conviction for violating Section | ||||||
20 | 11-501 or 11-503 of the Illinois Vehicle Code or a | ||||||
21 | similar provision of a local ordinance. | ||||||
22 | (B) the sealing or expungement of records of minor | ||||||
23 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
24 | unless the petitioner was arrested and released | ||||||
25 | without charging. | ||||||
26 | (C) the sealing of the records of arrests or |
| |||||||
| |||||||
1 | charges not initiated by arrest which result in an | ||||||
2 | order of supervision or a conviction for the following | ||||||
3 | offenses: | ||||||
4 | (i) offenses included in Article 11 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
6 | or a similar provision of a local ordinance, | ||||||
7 | except Section 11-14 and a misdemeanor violation | ||||||
8 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012, or a similar provision | ||||||
10 | of a local ordinance; | ||||||
11 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
12 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, or a similar provision of a | ||||||
14 | local ordinance; | ||||||
15 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012, or Section 125 of the Stalking No Contact | ||||||
18 | Order Act, or Section 219 of the Civil No Contact | ||||||
19 | Order Act, or a similar provision of a local | ||||||
20 | ordinance; | ||||||
21 | (iv) Class A misdemeanors or felony offenses | ||||||
22 | under the Humane Care for Animals Act; or | ||||||
23 | (v) any offense or attempted offense that | ||||||
24 | would subject a person to registration under the | ||||||
25 | Sex Offender Registration Act. | ||||||
26 | (D) (blank). |
| |||||||
| |||||||
1 | (b) Expungement. | ||||||
2 | (1) A petitioner may petition the circuit court to | ||||||
3 | expunge the
records of his or her arrests and charges not | ||||||
4 | initiated by arrest when each arrest or charge not | ||||||
5 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
6 | acquittal, dismissal, or the petitioner's release without | ||||||
7 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
8 | conviction which was vacated or reversed, unless excluded | ||||||
9 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
10 | such supervision was successfully completed by the | ||||||
11 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
12 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
13 | defined in subsection (a)(1)(J)) and such probation was | ||||||
14 | successfully completed by the petitioner. | ||||||
15 | (1.5) When a petitioner seeks to have a record of | ||||||
16 | arrest expunged under this Section, and the offender has | ||||||
17 | been convicted of a criminal offense, the State's Attorney | ||||||
18 | may object to the expungement on the grounds that the | ||||||
19 | records contain specific relevant information aside from | ||||||
20 | the mere fact of the arrest. | ||||||
21 | (2) Time frame for filing a petition to expunge. | ||||||
22 | (A) When the arrest or charge not initiated by | ||||||
23 | arrest sought to be expunged resulted in an acquittal, | ||||||
24 | dismissal, the petitioner's release without charging, | ||||||
25 | or the reversal or vacation of a conviction, there is | ||||||
26 | no waiting period to petition for the expungement of |
| |||||||
| |||||||
1 | such records. | ||||||
2 | (B) When the arrest or charge not initiated by | ||||||
3 | arrest
sought to be expunged resulted in an order of | ||||||
4 | supervision, successfully
completed by the petitioner, | ||||||
5 | the following time frames will apply: | ||||||
6 | (i) Those arrests or charges that resulted in | ||||||
7 | orders of
supervision under Section 3-707, 3-708, | ||||||
8 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
9 | a similar provision of a local ordinance, or under | ||||||
10 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
12 | similar provision of a local ordinance, shall not | ||||||
13 | be eligible for expungement until 5 years have | ||||||
14 | passed following the satisfactory termination of | ||||||
15 | the supervision. | ||||||
16 | (i-5) Those arrests or charges that resulted | ||||||
17 | in orders of supervision for a misdemeanor | ||||||
18 | violation of subsection (a) of Section 11-503 of | ||||||
19 | the Illinois Vehicle Code or a similar provision | ||||||
20 | of a local ordinance, that occurred prior to the | ||||||
21 | offender reaching the age of 25 years and the | ||||||
22 | offender has no other conviction for violating | ||||||
23 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
24 | Code or a similar provision of a local ordinance | ||||||
25 | shall not be eligible for expungement until the | ||||||
26 | petitioner has reached the age of 25 years. |
| |||||||
| |||||||
1 | (ii) Those arrests or charges that resulted in | ||||||
2 | orders
of supervision for any other offenses shall | ||||||
3 | not be
eligible for expungement until 2 years have | ||||||
4 | passed
following the satisfactory termination of | ||||||
5 | the supervision. | ||||||
6 | (C) When the arrest or charge not initiated by | ||||||
7 | arrest sought to
be expunged resulted in an order of | ||||||
8 | qualified probation, successfully
completed by the | ||||||
9 | petitioner, such records shall not be eligible for
| ||||||
10 | expungement until 5 years have passed following the | ||||||
11 | satisfactory
termination of the probation. | ||||||
12 | (3) Those records maintained by the Department for
| ||||||
13 | persons arrested prior to their 17th birthday shall be
| ||||||
14 | expunged as provided in Section 5-915 of the Juvenile | ||||||
15 | Court
Act of 1987. | ||||||
16 | (4) Whenever a person has been arrested for or | ||||||
17 | convicted of any
offense, in the name of a person whose | ||||||
18 | identity he or she has stolen or otherwise
come into | ||||||
19 | possession of, the aggrieved person from whom the identity
| ||||||
20 | was stolen or otherwise obtained without authorization,
| ||||||
21 | upon learning of the person having been arrested using his
| ||||||
22 | or her identity, may, upon verified petition to the chief | ||||||
23 | judge of
the circuit wherein the arrest was made, have a | ||||||
24 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
25 | correct the
arrest record, conviction record, if any, and | ||||||
26 | all official
records of the arresting authority, the |
| |||||||
| |||||||
1 | Department, other
criminal justice agencies, the | ||||||
2 | prosecutor, and the trial
court concerning such arrest, if | ||||||
3 | any, by removing his or her name
from all such records in | ||||||
4 | connection with the arrest and
conviction, if any, and by | ||||||
5 | inserting in the records the
name of the offender, if | ||||||
6 | known or ascertainable, in lieu of
the aggrieved's name. | ||||||
7 | The records of the circuit court clerk shall be sealed | ||||||
8 | until further order of
the court upon good cause shown and | ||||||
9 | the name of the
aggrieved person obliterated on the | ||||||
10 | official index
required to be kept by the circuit court | ||||||
11 | clerk under
Section 16 of the Clerks of Courts Act, but the | ||||||
12 | order shall
not affect any index issued by the circuit | ||||||
13 | court clerk
before the entry of the order. Nothing in this | ||||||
14 | Section
shall limit the Department of State Police or | ||||||
15 | other
criminal justice agencies or prosecutors from | ||||||
16 | listing
under an offender's name the false names he or she | ||||||
17 | has
used. | ||||||
18 | (5) Whenever a person has been convicted of criminal
| ||||||
19 | sexual assault, aggravated criminal sexual assault,
| ||||||
20 | predatory criminal sexual assault of a child, criminal
| ||||||
21 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
22 | victim of that offense may request that the State's
| ||||||
23 | Attorney of the county in which the conviction occurred
| ||||||
24 | file a verified petition with the presiding trial judge at
| ||||||
25 | the petitioner's trial to have a court order entered to | ||||||
26 | seal
the records of the circuit court clerk in connection
|
| |||||||
| |||||||
1 | with the proceedings of the trial court concerning that
| ||||||
2 | offense. However, the records of the arresting authority
| ||||||
3 | and the Department of State Police concerning the offense
| ||||||
4 | shall not be sealed. The court, upon good cause shown,
| ||||||
5 | shall make the records of the circuit court clerk in
| ||||||
6 | connection with the proceedings of the trial court
| ||||||
7 | concerning the offense available for public inspection. | ||||||
8 | (6) If a conviction has been set aside on direct | ||||||
9 | review
or on collateral attack and the court determines by | ||||||
10 | clear
and convincing evidence that the petitioner was | ||||||
11 | factually
innocent of the charge, the court that finds the | ||||||
12 | petitioner factually innocent of the charge shall enter an
| ||||||
13 | expungement order for the conviction for which the | ||||||
14 | petitioner has been determined to be innocent as provided | ||||||
15 | in subsection (b) of Section
5-5-4 of the Unified Code of | ||||||
16 | Corrections. | ||||||
17 | (7) Nothing in this Section shall prevent the | ||||||
18 | Department of
State Police from maintaining all records of | ||||||
19 | any person who
is admitted to probation upon terms and | ||||||
20 | conditions and who
fulfills those terms and conditions | ||||||
21 | pursuant to Section 10
of the Cannabis Control Act, | ||||||
22 | Section 410 of the Illinois
Controlled Substances Act, | ||||||
23 | Section 70 of the
Methamphetamine Control and Community | ||||||
24 | Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified | ||||||
25 | Code of Corrections, Section 12-4.3 or subdivision (b)(1) | ||||||
26 | of Section 12-3.05 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
2 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
3 | the Substance Use Disorder Act, or Section 10 of the | ||||||
4 | Steroid Control Act. | ||||||
5 | (8) If the petitioner has been granted a certificate | ||||||
6 | of innocence under Section 2-702 of the Code of Civil | ||||||
7 | Procedure, the court that grants the certificate of | ||||||
8 | innocence shall also enter an order expunging the | ||||||
9 | conviction for which the petitioner has been determined to | ||||||
10 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
11 | of the Code of Civil Procedure. | ||||||
12 | (c) Sealing. | ||||||
13 | (1) Applicability. Notwithstanding any other provision | ||||||
14 | of this Act to the contrary, and cumulative with any | ||||||
15 | rights to expungement of criminal records, this subsection | ||||||
16 | authorizes the sealing of criminal records of adults and | ||||||
17 | of minors prosecuted as adults. Subsection (g) of this | ||||||
18 | Section provides for immediate sealing of certain records. | ||||||
19 | (2) Eligible Records. The following records may be | ||||||
20 | sealed: | ||||||
21 | (A) All arrests resulting in release without | ||||||
22 | charging; | ||||||
23 | (B) Arrests or charges not initiated by arrest | ||||||
24 | resulting in acquittal, dismissal, or conviction when | ||||||
25 | the conviction was reversed or vacated, except as | ||||||
26 | excluded by subsection (a)(3)(B); |
| |||||||
| |||||||
1 | (C) Arrests or charges not initiated by arrest | ||||||
2 | resulting in orders of supervision, including orders | ||||||
3 | of supervision for municipal ordinance violations, | ||||||
4 | successfully completed by the petitioner, unless | ||||||
5 | excluded by subsection (a)(3); | ||||||
6 | (D) Arrests or charges not initiated by arrest | ||||||
7 | resulting in convictions, including convictions on | ||||||
8 | municipal ordinance violations, unless excluded by | ||||||
9 | subsection (a)(3); | ||||||
10 | (E) Arrests or charges not initiated by arrest | ||||||
11 | resulting in orders of first offender probation under | ||||||
12 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
13 | the Illinois Controlled Substances Act, Section 70 of | ||||||
14 | the Methamphetamine Control and Community Protection | ||||||
15 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
16 | Corrections; and | ||||||
17 | (F) Arrests or charges not initiated by arrest | ||||||
18 | resulting in felony convictions unless otherwise | ||||||
19 | excluded by subsection (a) paragraph (3) of this | ||||||
20 | Section. | ||||||
21 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
22 | identified as eligible under subsection (c)(2) may be | ||||||
23 | sealed as follows: | ||||||
24 | (A) Records identified as eligible under | ||||||
25 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at | ||||||
26 | any time. |
| |||||||
| |||||||
1 | (B) Except as otherwise provided in subparagraph | ||||||
2 | (E) of this paragraph (3), records identified as | ||||||
3 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
4 | years after the termination of petitioner's last | ||||||
5 | sentence (as defined in subsection (a)(1)(F)). | ||||||
6 | (C) Except as otherwise provided in subparagraph | ||||||
7 | (E) of this paragraph (3), records identified as | ||||||
8 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
9 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
10 | of the petitioner's last sentence (as defined in | ||||||
11 | subsection (a)(1)(F)). Convictions requiring public | ||||||
12 | registration under the Arsonist Registration Act, the | ||||||
13 | Sex Offender Registration Act, or the Murderer and | ||||||
14 | Violent Offender Against Youth Registration Act may | ||||||
15 | not be sealed until the petitioner is no longer | ||||||
16 | required to register under that relevant Act. | ||||||
17 | (D) Records identified in subsection | ||||||
18 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
19 | reached the age of 25 years. | ||||||
20 | (E) Records identified as eligible under | ||||||
21 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
22 | (c)(2)(F) may be sealed upon termination of the | ||||||
23 | petitioner's last sentence if the petitioner earned a | ||||||
24 | high school diploma, associate's degree, career | ||||||
25 | certificate, vocational technical certification, or | ||||||
26 | bachelor's degree, or passed the high school level |
| |||||||
| |||||||
1 | Test of General Educational Development, during the | ||||||
2 | period of his or her sentence or mandatory supervised | ||||||
3 | release. This subparagraph shall apply only to a | ||||||
4 | petitioner who has not completed the same educational | ||||||
5 | goal prior to the period of his or her sentence or | ||||||
6 | mandatory supervised release. If a petition for | ||||||
7 | sealing eligible records filed under this subparagraph | ||||||
8 | is denied by the court, the time periods under | ||||||
9 | subparagraph (B) or (C) shall apply to any subsequent | ||||||
10 | petition for sealing filed by the petitioner. | ||||||
11 | (4) Subsequent felony convictions. A person may not | ||||||
12 | have
subsequent felony conviction records sealed as | ||||||
13 | provided in this subsection
(c) if he or she is convicted | ||||||
14 | of any felony offense after the date of the
sealing of | ||||||
15 | prior felony convictions as provided in this subsection | ||||||
16 | (c). The court may, upon conviction for a subsequent | ||||||
17 | felony offense, order the unsealing of prior felony | ||||||
18 | conviction records previously ordered sealed by the court. | ||||||
19 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
20 | disposition for an eligible record under this subsection | ||||||
21 | (c), the petitioner shall be informed by the court of the | ||||||
22 | right to have the records sealed and the procedures for | ||||||
23 | the sealing of the records. | ||||||
24 | (d) Procedure. The following procedures apply to | ||||||
25 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
26 | under subsections (c) and (e-5): |
| |||||||
| |||||||
1 | (1) Filing the petition. Upon becoming eligible to | ||||||
2 | petition for
the expungement or sealing of records under | ||||||
3 | this Section, the petitioner shall file a petition | ||||||
4 | requesting the expungement
or sealing of records with the | ||||||
5 | clerk of the court where the arrests occurred or the | ||||||
6 | charges were brought, or both. If arrests occurred or | ||||||
7 | charges were brought in multiple jurisdictions, a petition | ||||||
8 | must be filed in each such jurisdiction. The petitioner | ||||||
9 | shall pay the applicable fee, except no fee shall be | ||||||
10 | required if the petitioner has obtained a court order | ||||||
11 | waiving fees under Supreme Court Rule 298 or it is | ||||||
12 | otherwise waived. | ||||||
13 | (1.5) County fee waiver pilot program.
From August 9, | ||||||
14 | 2019 (the effective date of Public Act 101-306) through | ||||||
15 | December 31, 2020, in a county of 3,000,000 or more | ||||||
16 | inhabitants, no fee shall be required to be paid by a | ||||||
17 | petitioner if the records sought to be expunged or sealed | ||||||
18 | were arrests resulting in release without charging or | ||||||
19 | arrests or charges not initiated by arrest resulting in | ||||||
20 | acquittal, dismissal, or conviction when the conviction | ||||||
21 | was reversed or vacated, unless excluded by subsection | ||||||
22 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
23 | than this sentence, are inoperative on and after January | ||||||
24 | 1, 2022. | ||||||
25 | (2) Contents of petition. The petition shall be
| ||||||
26 | verified and shall contain the petitioner's name, date of
|
| |||||||
| |||||||
1 | birth, current address and, for each arrest or charge not | ||||||
2 | initiated by
arrest sought to be sealed or expunged, the | ||||||
3 | case number, the date of
arrest (if any), the identity of | ||||||
4 | the arresting authority, and such
other information as the | ||||||
5 | court may require. During the pendency
of the proceeding, | ||||||
6 | the petitioner shall promptly notify the
circuit court | ||||||
7 | clerk of any change of his or her address. If the | ||||||
8 | petitioner has received a certificate of eligibility for | ||||||
9 | sealing from the Prisoner Review Board under paragraph | ||||||
10 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
11 | Code of Corrections, the certificate shall be attached to | ||||||
12 | the petition. | ||||||
13 | (3) Drug test. The petitioner must attach to the | ||||||
14 | petition proof that the petitioner has passed a test taken | ||||||
15 | within 30 days before the filing of the petition showing | ||||||
16 | the absence within his or her body of all illegal | ||||||
17 | substances as defined by the Illinois Controlled | ||||||
18 | Substances Act, the Methamphetamine Control and Community | ||||||
19 | Protection Act, and the Cannabis Control Act if he or she | ||||||
20 | is petitioning to: | ||||||
21 | (A) seal felony records under clause (c)(2)(E); | ||||||
22 | (B) seal felony records for a violation of the | ||||||
23 | Illinois Controlled Substances Act, the | ||||||
24 | Methamphetamine Control and Community Protection Act, | ||||||
25 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
26 | (C) seal felony records under subsection (e-5); or |
| |||||||
| |||||||
1 | (D) expunge felony records of a qualified | ||||||
2 | probation under clause (b)(1)(iv). | ||||||
3 | (4) Service of petition. The circuit court clerk shall | ||||||
4 | promptly
serve a copy of the petition and documentation to | ||||||
5 | support the petition under subsection (e-5) or (e-6) on | ||||||
6 | the State's Attorney or
prosecutor charged with the duty | ||||||
7 | of prosecuting the
offense, the Department of State | ||||||
8 | Police, the arresting
agency and the chief legal officer | ||||||
9 | of the unit of local
government effecting the arrest. | ||||||
10 | (5) Objections. | ||||||
11 | (A) Any party entitled to notice of the petition | ||||||
12 | may file an objection to the petition. All objections | ||||||
13 | shall be in writing, shall be filed with the circuit | ||||||
14 | court clerk, and shall state with specificity the | ||||||
15 | basis of the objection. Whenever a person who has been | ||||||
16 | convicted of an offense is granted
a pardon by the | ||||||
17 | Governor which specifically authorizes expungement, an | ||||||
18 | objection to the petition may not be filed. | ||||||
19 | (B) Objections to a petition to expunge or seal | ||||||
20 | must be filed within 60 days of the date of service of | ||||||
21 | the petition. | ||||||
22 | (6) Entry of order. | ||||||
23 | (A) The Chief Judge of the circuit wherein the | ||||||
24 | charge was brought, any judge of that circuit | ||||||
25 | designated by the Chief Judge, or in counties of less | ||||||
26 | than 3,000,000 inhabitants, the presiding trial judge |
| |||||||
| |||||||
1 | at the petitioner's trial, if any, shall rule on the | ||||||
2 | petition to expunge or seal as set forth in this | ||||||
3 | subsection (d)(6). | ||||||
4 | (B) Unless the State's Attorney or prosecutor, the | ||||||
5 | Department of
State Police, the arresting agency, or | ||||||
6 | the chief legal officer
files an objection to the | ||||||
7 | petition to expunge or seal within 60 days from the | ||||||
8 | date of service of the petition, the court shall enter | ||||||
9 | an order granting or denying the petition. | ||||||
10 | (C) Notwithstanding any other provision of law, | ||||||
11 | the court shall not deny a petition for sealing under | ||||||
12 | this Section because the petitioner has not satisfied | ||||||
13 | an outstanding legal financial obligation established, | ||||||
14 | imposed, or originated by a court, law enforcement | ||||||
15 | agency, or a municipal, State, county, or other unit | ||||||
16 | of local government, including, but not limited to, | ||||||
17 | any cost, assessment, fine, or fee. An outstanding | ||||||
18 | legal financial obligation does not include any court | ||||||
19 | ordered restitution to a victim under Section 5-5-6 of | ||||||
20 | the Unified Code of Corrections, unless the | ||||||
21 | restitution has been converted to a civil judgment. | ||||||
22 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
23 | abrogates a legal financial obligation or otherwise | ||||||
24 | eliminates or affects the right of the holder of any | ||||||
25 | financial obligation to pursue collection under | ||||||
26 | applicable federal, State, or local law. |
| |||||||
| |||||||
1 | (7) Hearings. If an objection is filed, the court | ||||||
2 | shall set a date for a hearing and notify the petitioner | ||||||
3 | and all parties entitled to notice of the petition of the | ||||||
4 | hearing date at least 30 days prior to the hearing. Prior | ||||||
5 | to the hearing, the State's Attorney shall consult with | ||||||
6 | the Department as to the appropriateness of the relief | ||||||
7 | sought in the petition to expunge or seal. At the hearing, | ||||||
8 | the court shall hear evidence on whether the petition | ||||||
9 | should or should not be granted, and shall grant or deny | ||||||
10 | the petition to expunge or seal the records based on the | ||||||
11 | evidence presented at the hearing. The court may consider | ||||||
12 | the following: | ||||||
13 | (A) the strength of the evidence supporting the | ||||||
14 | defendant's conviction; | ||||||
15 | (B) the reasons for retention of the conviction | ||||||
16 | records by the State; | ||||||
17 | (C) the petitioner's age, criminal record history, | ||||||
18 | and employment history; | ||||||
19 | (D) the period of time between the petitioner's | ||||||
20 | arrest on the charge resulting in the conviction and | ||||||
21 | the filing of the petition under this Section; and | ||||||
22 | (E) the specific adverse consequences the | ||||||
23 | petitioner may be subject to if the petition is | ||||||
24 | denied. | ||||||
25 | (8) Service of order. After entering an order to | ||||||
26 | expunge or
seal records, the court must provide copies of |
| |||||||
| |||||||
1 | the order to the
Department, in a form and manner | ||||||
2 | prescribed by the Department,
to the petitioner, to the | ||||||
3 | State's Attorney or prosecutor
charged with the duty of | ||||||
4 | prosecuting the offense, to the
arresting agency, to the | ||||||
5 | chief legal officer of the unit of
local government | ||||||
6 | effecting the arrest, and to such other
criminal justice | ||||||
7 | agencies as may be ordered by the court. | ||||||
8 | (9) Implementation of order. | ||||||
9 | (A) Upon entry of an order to expunge records | ||||||
10 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
11 | (i) the records shall be expunged (as defined | ||||||
12 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
13 | the Department, and any other agency as ordered by | ||||||
14 | the court, within 60 days of the date of service of | ||||||
15 | the order, unless a motion to vacate, modify, or | ||||||
16 | reconsider the order is filed pursuant to | ||||||
17 | paragraph (12) of subsection (d) of this Section; | ||||||
18 | (ii) the records of the circuit court clerk | ||||||
19 | shall be impounded until further order of the | ||||||
20 | court upon good cause shown and the name of the | ||||||
21 | petitioner obliterated on the official index | ||||||
22 | required to be kept by the circuit court clerk | ||||||
23 | under Section 16 of the Clerks of Courts Act, but | ||||||
24 | the order shall not affect any index issued by the | ||||||
25 | circuit court clerk before the entry of the order; | ||||||
26 | and |
| |||||||
| |||||||
1 | (iii) in response to an inquiry for expunged | ||||||
2 | records, the court, the Department, or the agency | ||||||
3 | receiving such inquiry, shall reply as it does in | ||||||
4 | response to inquiries when no records ever | ||||||
5 | existed. | ||||||
6 | (B) Upon entry of an order to expunge records | ||||||
7 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
8 | (i) the records shall be expunged (as defined | ||||||
9 | in subsection (a)(1)(E)) by the arresting agency | ||||||
10 | and any other agency as ordered by the court, | ||||||
11 | within 60 days of the date of service of the order, | ||||||
12 | unless a motion to vacate, modify, or reconsider | ||||||
13 | the order is filed pursuant to paragraph (12) of | ||||||
14 | subsection (d) of this Section; | ||||||
15 | (ii) the records of the circuit court clerk | ||||||
16 | shall be impounded until further order of the | ||||||
17 | court upon good cause shown and the name of the | ||||||
18 | petitioner obliterated on the official index | ||||||
19 | required to be kept by the circuit court clerk | ||||||
20 | under Section 16 of the Clerks of Courts Act, but | ||||||
21 | the order shall not affect any index issued by the | ||||||
22 | circuit court clerk before the entry of the order; | ||||||
23 | (iii) the records shall be impounded by the
| ||||||
24 | Department within 60 days of the date of service | ||||||
25 | of the order as ordered by the court, unless a | ||||||
26 | motion to vacate, modify, or reconsider the order |
| |||||||
| |||||||
1 | is filed pursuant to paragraph (12) of subsection | ||||||
2 | (d) of this Section; | ||||||
3 | (iv) records impounded by the Department may | ||||||
4 | be disseminated by the Department only as required | ||||||
5 | by law or to the arresting authority, the State's | ||||||
6 | Attorney, and the court upon a later arrest for | ||||||
7 | the same or a similar offense or for the purpose of | ||||||
8 | sentencing for any subsequent felony, and to the | ||||||
9 | Department of Corrections upon conviction for any | ||||||
10 | offense; and | ||||||
11 | (v) in response to an inquiry for such records | ||||||
12 | from anyone not authorized by law to access such | ||||||
13 | records, the court, the Department, or the agency | ||||||
14 | receiving such inquiry shall reply as it does in | ||||||
15 | response to inquiries when no records ever | ||||||
16 | existed. | ||||||
17 | (B-5) Upon entry of an order to expunge records | ||||||
18 | under subsection (e-6): | ||||||
19 | (i) the records shall be expunged (as defined | ||||||
20 | in subsection (a)(1)(E)) by the arresting agency | ||||||
21 | and any other agency as ordered by the court, | ||||||
22 | within 60 days of the date of service of the order, | ||||||
23 | unless a motion to vacate, modify, or reconsider | ||||||
24 | the order is filed under paragraph (12) of | ||||||
25 | subsection (d) of this Section; | ||||||
26 | (ii) the records of the circuit court clerk |
| |||||||
| |||||||
1 | shall be impounded until further order of the | ||||||
2 | court upon good cause shown and the name of the | ||||||
3 | petitioner obliterated on the official index | ||||||
4 | required to be kept by the circuit court clerk | ||||||
5 | under Section 16 of the Clerks of Courts Act, but | ||||||
6 | the order shall not affect any index issued by the | ||||||
7 | circuit court clerk before the entry of the order; | ||||||
8 | (iii) the records shall be impounded by the
| ||||||
9 | Department within 60 days of the date of service | ||||||
10 | of the order as ordered by the court, unless a | ||||||
11 | motion to vacate, modify, or reconsider the order | ||||||
12 | is filed under paragraph (12) of subsection (d) of | ||||||
13 | this Section; | ||||||
14 | (iv) records impounded by the Department may | ||||||
15 | be disseminated by the Department only as required | ||||||
16 | by law or to the arresting authority, the State's | ||||||
17 | Attorney, and the court upon a later arrest for | ||||||
18 | the same or a similar offense or for the purpose of | ||||||
19 | sentencing for any subsequent felony, and to the | ||||||
20 | Department of Corrections upon conviction for any | ||||||
21 | offense; and | ||||||
22 | (v) in response to an inquiry for these | ||||||
23 | records from anyone not authorized by law to | ||||||
24 | access the records, the court, the Department, or | ||||||
25 | the agency receiving the inquiry shall reply as it | ||||||
26 | does in response to inquiries when no records ever |
| |||||||
| |||||||
1 | existed. | ||||||
2 | (C) Upon entry of an order to seal records under | ||||||
3 | subsection
(c), the arresting agency, any other agency | ||||||
4 | as ordered by the court, the Department, and the court | ||||||
5 | shall seal the records (as defined in subsection | ||||||
6 | (a)(1)(K)). In response to an inquiry for such | ||||||
7 | records, from anyone not authorized by law to access | ||||||
8 | such records, the court, the Department, or the agency | ||||||
9 | receiving such inquiry shall reply as it does in | ||||||
10 | response to inquiries when no records ever existed. | ||||||
11 | (D) The Department shall send written notice to | ||||||
12 | the petitioner of its compliance with each order to | ||||||
13 | expunge or seal records within 60 days of the date of | ||||||
14 | service of that order or, if a motion to vacate, | ||||||
15 | modify, or reconsider is filed, within 60 days of | ||||||
16 | service of the order resolving the motion, if that | ||||||
17 | order requires the Department to expunge or seal | ||||||
18 | records. In the event of an appeal from the circuit | ||||||
19 | court order, the Department shall send written notice | ||||||
20 | to the petitioner of its compliance with an Appellate | ||||||
21 | Court or Supreme Court judgment to expunge or seal | ||||||
22 | records within 60 days of the issuance of the court's | ||||||
23 | mandate. The notice is not required while any motion | ||||||
24 | to vacate, modify, or reconsider, or any appeal or | ||||||
25 | petition for discretionary appellate review, is | ||||||
26 | pending. |
| |||||||
| |||||||
1 | (E) Upon motion, the court may order that a sealed | ||||||
2 | judgment or other court record necessary to | ||||||
3 | demonstrate the amount of any legal financial | ||||||
4 | obligation due and owing be made available for the | ||||||
5 | limited purpose of collecting any legal financial | ||||||
6 | obligations owed by the petitioner that were | ||||||
7 | established, imposed, or originated in the criminal | ||||||
8 | proceeding for which those records have been sealed. | ||||||
9 | The records made available under this subparagraph (E) | ||||||
10 | shall not be entered into the official index required | ||||||
11 | to be kept by the circuit court clerk under Section 16 | ||||||
12 | of the Clerks of Courts Act and shall be immediately | ||||||
13 | re-impounded upon the collection of the outstanding | ||||||
14 | financial obligations. | ||||||
15 | (F) Notwithstanding any other provision of this | ||||||
16 | Section, a circuit court clerk may access a sealed | ||||||
17 | record for the limited purpose of collecting payment | ||||||
18 | for any legal financial obligations that were | ||||||
19 | established, imposed, or originated in the criminal | ||||||
20 | proceedings for which those records have been sealed. | ||||||
21 | (10) Fees. The Department may charge the petitioner a | ||||||
22 | fee equivalent to the cost of processing any order to | ||||||
23 | expunge or seal records. Notwithstanding any provision of | ||||||
24 | the Clerks of Courts Act to the contrary, the circuit | ||||||
25 | court clerk may charge a fee equivalent to the cost | ||||||
26 | associated with the sealing or expungement of records by |
| |||||||
| |||||||
1 | the circuit court clerk. From the total filing fee | ||||||
2 | collected for the petition to seal or expunge, the circuit | ||||||
3 | court clerk shall deposit $10 into the Circuit Court Clerk | ||||||
4 | Operation and Administrative Fund, to be used to offset | ||||||
5 | the costs incurred by the circuit court clerk in | ||||||
6 | performing the additional duties required to serve the | ||||||
7 | petition to seal or expunge on all parties. The circuit | ||||||
8 | court clerk shall collect and forward the Department of | ||||||
9 | State Police portion of the fee to the Department and it | ||||||
10 | shall be deposited in the State Police Services Fund. If | ||||||
11 | the record brought under an expungement petition was | ||||||
12 | previously sealed under this Section, the fee for the | ||||||
13 | expungement petition for that same record shall be waived. | ||||||
14 | (11) Final Order. No court order issued under the | ||||||
15 | expungement or sealing provisions of this Section shall | ||||||
16 | become final for purposes of appeal until 30 days after | ||||||
17 | service of the order on the petitioner and all parties | ||||||
18 | entitled to notice of the petition. | ||||||
19 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
20 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
21 | petitioner or any party entitled to notice may file a | ||||||
22 | motion to vacate, modify, or reconsider the order granting | ||||||
23 | or denying the petition to expunge or seal within 60 days | ||||||
24 | of service of the order. If filed more than 60 days after | ||||||
25 | service of the order, a petition to vacate, modify, or | ||||||
26 | reconsider shall comply with subsection (c) of Section |
| |||||||
| |||||||
1 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
2 | motion to vacate, modify, or reconsider, notice of the | ||||||
3 | motion shall be served upon the petitioner and all parties | ||||||
4 | entitled to notice of the petition. | ||||||
5 | (13) Effect of Order. An order granting a petition | ||||||
6 | under the expungement or sealing provisions of this | ||||||
7 | Section shall not be considered void because it fails to | ||||||
8 | comply with the provisions of this Section or because of | ||||||
9 | any error asserted in a motion to vacate, modify, or | ||||||
10 | reconsider. The circuit court retains jurisdiction to | ||||||
11 | determine whether the order is voidable and to vacate, | ||||||
12 | modify, or reconsider its terms based on a motion filed | ||||||
13 | under paragraph (12) of this subsection (d). | ||||||
14 | (14) Compliance with Order Granting Petition to Seal | ||||||
15 | Records. Unless a court has entered a stay of an order | ||||||
16 | granting a petition to seal, all parties entitled to | ||||||
17 | notice of the petition must fully comply with the terms of | ||||||
18 | the order within 60 days of service of the order even if a | ||||||
19 | party is seeking relief from the order through a motion | ||||||
20 | filed under paragraph (12) of this subsection (d) or is | ||||||
21 | appealing the order. | ||||||
22 | (15) Compliance with Order Granting Petition to | ||||||
23 | Expunge Records. While a party is seeking relief from the | ||||||
24 | order granting the petition to expunge through a motion | ||||||
25 | filed under paragraph (12) of this subsection (d) or is | ||||||
26 | appealing the order, and unless a court has entered a stay |
| |||||||
| |||||||
1 | of that order, the parties entitled to notice of the | ||||||
2 | petition must seal, but need not expunge, the records | ||||||
3 | until there is a final order on the motion for relief or, | ||||||
4 | in the case of an appeal, the issuance of that court's | ||||||
5 | mandate. | ||||||
6 | (16) The changes to this subsection (d) made by Public | ||||||
7 | Act 98-163 apply to all petitions pending on August 5, | ||||||
8 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
9 | orders ruling on a petition to expunge or seal on or after | ||||||
10 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
11 | (e) Whenever a person who has been convicted of an offense | ||||||
12 | is granted
a pardon by the Governor which specifically | ||||||
13 | authorizes expungement, he or she may,
upon verified petition | ||||||
14 | to the Chief Judge of the circuit where the person had
been | ||||||
15 | convicted, any judge of the circuit designated by the Chief | ||||||
16 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
17 | presiding trial judge at the
defendant's trial, have a court | ||||||
18 | order entered expunging the record of
arrest from the official | ||||||
19 | records of the arresting authority and order that the
records | ||||||
20 | of the circuit court clerk and the Department be sealed until
| ||||||
21 | further order of the court upon good cause shown or as | ||||||
22 | otherwise provided
herein, and the name of the defendant | ||||||
23 | obliterated from the official index
requested to be kept by | ||||||
24 | the circuit court clerk under Section 16 of the Clerks
of | ||||||
25 | Courts Act in connection with the arrest and conviction for | ||||||
26 | the offense for
which he or she had been pardoned but the order |
| |||||||
| |||||||
1 | shall not affect any index issued by
the circuit court clerk | ||||||
2 | before the entry of the order. All records sealed by
the | ||||||
3 | Department may be disseminated by the Department only to the | ||||||
4 | arresting authority, the State's Attorney, and the court upon | ||||||
5 | a later
arrest for the same or similar offense or for the | ||||||
6 | purpose of sentencing for any
subsequent felony. Upon | ||||||
7 | conviction for any subsequent offense, the Department
of | ||||||
8 | Corrections shall have access to all sealed records of the | ||||||
9 | Department
pertaining to that individual. Upon entry of the | ||||||
10 | order of expungement, the
circuit court clerk shall promptly | ||||||
11 | mail a copy of the order to the
person who was pardoned. | ||||||
12 | (e-5) Whenever a person who has been convicted of an | ||||||
13 | offense is granted a certificate of eligibility for sealing by | ||||||
14 | the Prisoner Review Board which specifically authorizes | ||||||
15 | sealing, he or she may, upon verified petition to the Chief | ||||||
16 | Judge of the circuit where the person had been convicted, any | ||||||
17 | judge of the circuit designated by the Chief Judge, or in | ||||||
18 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
19 | trial judge at the petitioner's trial, have a court order | ||||||
20 | entered sealing the record of arrest from the official records | ||||||
21 | of the arresting authority and order that the records of the | ||||||
22 | circuit court clerk and the Department be sealed until further | ||||||
23 | order of the court upon good cause shown or as otherwise | ||||||
24 | provided herein, and the name of the petitioner obliterated | ||||||
25 | from the official index requested to be kept by the circuit | ||||||
26 | court clerk under Section 16 of the Clerks of Courts Act in |
| |||||||
| |||||||
1 | connection with the arrest and conviction for the offense for | ||||||
2 | which he or she had been granted the certificate but the order | ||||||
3 | shall not affect any index issued by the circuit court clerk | ||||||
4 | before the entry of the order. All records sealed by the | ||||||
5 | Department may be disseminated by the Department only as | ||||||
6 | required by this Act or to the arresting authority, a law | ||||||
7 | enforcement agency, the State's Attorney, and the court upon a | ||||||
8 | later arrest for the same or similar offense or for the purpose | ||||||
9 | of sentencing for any subsequent felony. Upon conviction for | ||||||
10 | any subsequent offense, the Department of Corrections shall | ||||||
11 | have access to all sealed records of the Department pertaining | ||||||
12 | to that individual. Upon entry of the order of sealing, the | ||||||
13 | circuit court clerk shall promptly mail a copy of the order to | ||||||
14 | the person who was granted the certificate of eligibility for | ||||||
15 | sealing. | ||||||
16 | (e-6) Whenever a person who has been convicted of an | ||||||
17 | offense is granted a certificate of eligibility for | ||||||
18 | expungement by the Prisoner Review Board which specifically | ||||||
19 | authorizes expungement, he or she may, upon verified petition | ||||||
20 | to the Chief Judge of the circuit where the person had been | ||||||
21 | convicted, any judge of the circuit designated by the Chief | ||||||
22 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
23 | presiding trial judge at the petitioner's trial, have a court | ||||||
24 | order entered expunging the record of arrest from the official | ||||||
25 | records of the arresting authority and order that the records | ||||||
26 | of the circuit court clerk and the Department be sealed until |
| |||||||
| |||||||
1 | further order of the court upon good cause shown or as | ||||||
2 | otherwise provided herein, and the name of the petitioner | ||||||
3 | obliterated from the official index requested to be kept by | ||||||
4 | the circuit court clerk under Section 16 of the Clerks of | ||||||
5 | Courts Act in connection with the arrest and conviction for | ||||||
6 | the offense for which he or she had been granted the | ||||||
7 | certificate but the order shall not affect any index issued by | ||||||
8 | the circuit court clerk before the entry of the order. All | ||||||
9 | records sealed by the Department may be disseminated by the | ||||||
10 | Department only as required by this Act or to the arresting | ||||||
11 | authority, a law enforcement agency, the State's Attorney, and | ||||||
12 | the court upon a later arrest for the same or similar offense | ||||||
13 | or for the purpose of sentencing for any subsequent felony. | ||||||
14 | Upon conviction for any subsequent offense, the Department of | ||||||
15 | Corrections shall have access to all expunged records of the | ||||||
16 | Department pertaining to that individual. Upon entry of the | ||||||
17 | order of expungement, the circuit court clerk shall promptly | ||||||
18 | mail a copy of the order to the person who was granted the | ||||||
19 | certificate of eligibility for expungement. | ||||||
20 | (f) Subject to available funding, the Illinois Department
| ||||||
21 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
22 | especially on employment and recidivism rates, utilizing a
| ||||||
23 | random sample of those who apply for the sealing of their
| ||||||
24 | criminal records under Public Act 93-211. At the request of | ||||||
25 | the
Illinois Department of Corrections, records of the | ||||||
26 | Illinois
Department of Employment Security shall be utilized |
| |||||||
| |||||||
1 | as
appropriate to assist in the study. The study shall not
| ||||||
2 | disclose any data in a manner that would allow the
| ||||||
3 | identification of any particular individual or employing unit.
| ||||||
4 | The study shall be made available to the General Assembly no
| ||||||
5 | later than September 1, 2010.
| ||||||
6 | (g) Immediate Sealing. | ||||||
7 | (1) Applicability. Notwithstanding any other provision | ||||||
8 | of this Act to the contrary, and cumulative with any | ||||||
9 | rights to expungement or sealing of criminal records, this | ||||||
10 | subsection authorizes the immediate sealing of criminal | ||||||
11 | records of adults and of minors prosecuted as adults. | ||||||
12 | (2) Eligible Records. Arrests or charges not initiated | ||||||
13 | by arrest resulting in acquittal or dismissal with | ||||||
14 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
15 | that occur on or after January 1, 2018 (the effective date | ||||||
16 | of Public Act 100-282), may be sealed immediately if the | ||||||
17 | petition is filed with the circuit court clerk on the same | ||||||
18 | day and during the same hearing in which the case is | ||||||
19 | disposed. | ||||||
20 | (3) When Records are Eligible to be Immediately | ||||||
21 | Sealed. Eligible records under paragraph (2) of this | ||||||
22 | subsection (g) may be sealed immediately after entry of | ||||||
23 | the final disposition of a case, notwithstanding the | ||||||
24 | disposition of other charges in the same case. | ||||||
25 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
26 | entry of a disposition for an eligible record under this |
| |||||||
| |||||||
1 | subsection (g), the defendant shall be informed by the | ||||||
2 | court of his or her right to have eligible records | ||||||
3 | immediately sealed and the procedure for the immediate | ||||||
4 | sealing of these records. | ||||||
5 | (5) Procedure. The following procedures apply to | ||||||
6 | immediate sealing under this subsection (g). | ||||||
7 | (A) Filing the Petition. Upon entry of the final | ||||||
8 | disposition of the case, the defendant's attorney may | ||||||
9 | immediately petition the court, on behalf of the | ||||||
10 | defendant, for immediate sealing of eligible records | ||||||
11 | under paragraph (2) of this subsection (g) that are | ||||||
12 | entered on or after January 1, 2018 (the effective | ||||||
13 | date of Public Act 100-282). The immediate sealing | ||||||
14 | petition may be filed with the circuit court clerk | ||||||
15 | during the hearing in which the final disposition of | ||||||
16 | the case is entered. If the defendant's attorney does | ||||||
17 | not file the petition for immediate sealing during the | ||||||
18 | hearing, the defendant may file a petition for sealing | ||||||
19 | at any time as authorized under subsection (c)(3)(A). | ||||||
20 | (B) Contents of Petition. The immediate sealing | ||||||
21 | petition shall be verified and shall contain the | ||||||
22 | petitioner's name, date of birth, current address, and | ||||||
23 | for each eligible record, the case number, the date of | ||||||
24 | arrest if applicable, the identity of the arresting | ||||||
25 | authority if applicable, and other information as the | ||||||
26 | court may require. |
| |||||||
| |||||||
1 | (C) Drug Test. The petitioner shall not be | ||||||
2 | required to attach proof that he or she has passed a | ||||||
3 | drug test. | ||||||
4 | (D) Service of Petition. A copy of the petition | ||||||
5 | shall be served on the State's Attorney in open court. | ||||||
6 | The petitioner shall not be required to serve a copy of | ||||||
7 | the petition on any other agency. | ||||||
8 | (E) Entry of Order. The presiding trial judge | ||||||
9 | shall enter an order granting or denying the petition | ||||||
10 | for immediate sealing during the hearing in which it | ||||||
11 | is filed. Petitions for immediate sealing shall be | ||||||
12 | ruled on in the same hearing in which the final | ||||||
13 | disposition of the case is entered. | ||||||
14 | (F) Hearings. The court shall hear the petition | ||||||
15 | for immediate sealing on the same day and during the | ||||||
16 | same hearing in which the disposition is rendered. | ||||||
17 | (G) Service of Order. An order to immediately seal | ||||||
18 | eligible records shall be served in conformance with | ||||||
19 | subsection (d)(8). | ||||||
20 | (H) Implementation of Order. An order to | ||||||
21 | immediately seal records shall be implemented in | ||||||
22 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
23 | (I) Fees. The fee imposed by the circuit court | ||||||
24 | clerk and the Department of State Police shall comply | ||||||
25 | with paragraph (1) of subsection (d) of this Section. | ||||||
26 | (J) Final Order. No court order issued under this |
| |||||||
| |||||||
1 | subsection (g) shall become final for purposes of | ||||||
2 | appeal until 30 days after service of the order on the | ||||||
3 | petitioner and all parties entitled to service of the | ||||||
4 | order in conformance with subsection (d)(8). | ||||||
5 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
6 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
7 | petitioner, State's Attorney, or the Department of | ||||||
8 | State Police may file a motion to vacate, modify, or | ||||||
9 | reconsider the order denying the petition to | ||||||
10 | immediately seal within 60 days of service of the | ||||||
11 | order. If filed more than 60 days after service of the | ||||||
12 | order, a petition to vacate, modify, or reconsider | ||||||
13 | shall comply with subsection (c) of Section 2-1401 of | ||||||
14 | the Code of Civil Procedure. | ||||||
15 | (L) Effect of Order. An order granting an | ||||||
16 | immediate sealing petition shall not be considered | ||||||
17 | void because it fails to comply with the provisions of | ||||||
18 | this Section or because of an error asserted in a | ||||||
19 | motion to vacate, modify, or reconsider. The circuit | ||||||
20 | court retains jurisdiction to determine whether the | ||||||
21 | order is voidable, and to vacate, modify, or | ||||||
22 | reconsider its terms based on a motion filed under | ||||||
23 | subparagraph (L) of this subsection (g). | ||||||
24 | (M) Compliance with Order Granting Petition to | ||||||
25 | Seal Records. Unless a court has entered a stay of an | ||||||
26 | order granting a petition to immediately seal, all |
| |||||||
| |||||||
1 | parties entitled to service of the order must fully | ||||||
2 | comply with the terms of the order within 60 days of | ||||||
3 | service of the order. | ||||||
4 | (h) Sealing; trafficking victims. | ||||||
5 | (1) A trafficking victim as defined by paragraph (10) | ||||||
6 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
7 | 2012 shall be eligible to petition for immediate sealing | ||||||
8 | of his or her criminal record upon the completion of his or | ||||||
9 | her last sentence if his or her participation in the | ||||||
10 | underlying offense was a direct result of human | ||||||
11 | trafficking under Section 10-9 of the Criminal Code of | ||||||
12 | 2012 or a severe form of trafficking under the federal | ||||||
13 | Trafficking Victims Protection Act. | ||||||
14 | (2) A petitioner under this subsection (h), in | ||||||
15 | addition to the requirements provided under paragraph (4) | ||||||
16 | of subsection (d) of this Section, shall include in his or | ||||||
17 | her petition a clear and concise statement that: (A) he or | ||||||
18 | she was a victim of human trafficking at the time of the | ||||||
19 | offense; and (B) that his or her participation in the | ||||||
20 | offense was a direct result of human trafficking under | ||||||
21 | Section 10-9 of the Criminal Code of 2012 or a severe form | ||||||
22 | of trafficking under the federal Trafficking Victims | ||||||
23 | Protection Act. | ||||||
24 | (3) If an objection is filed alleging that the | ||||||
25 | petitioner is not entitled to immediate sealing under this | ||||||
26 | subsection (h), the court shall conduct a hearing under |
| |||||||
| |||||||
1 | paragraph (7) of subsection (d) of this Section and the | ||||||
2 | court shall determine whether the petitioner is entitled | ||||||
3 | to immediate sealing under this subsection (h). A | ||||||
4 | petitioner is eligible for immediate relief under this | ||||||
5 | subsection (h) if he or she shows, by a preponderance of | ||||||
6 | the evidence, that: (A) he or she was a victim of human | ||||||
7 | trafficking at the time of the offense; and (B) that his or | ||||||
8 | her participation in the offense was a direct result of | ||||||
9 | human trafficking under Section 10-9 of the Criminal Code | ||||||
10 | of 2012 or a severe form of trafficking under the federal | ||||||
11 | Trafficking Victims Protection Act. | ||||||
12 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
13 | Act. | ||||||
14 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
15 | Offenses. | ||||||
16 | (A) The Department of State Police and all law | ||||||
17 | enforcement agencies within the State shall | ||||||
18 | automatically expunge all criminal history records of | ||||||
19 | an arrest, charge not initiated by arrest, order of | ||||||
20 | supervision, or order of qualified probation for a | ||||||
21 | Minor Cannabis Offense committed prior to June 25, | ||||||
22 | 2019 (the effective date of Public Act 101-27) if: | ||||||
23 | (i) One year or more has elapsed since the | ||||||
24 | date of the arrest or law enforcement interaction | ||||||
25 | documented in the records; and | ||||||
26 | (ii) No criminal charges were filed relating |
| |||||||
| |||||||
1 | to the arrest or law enforcement interaction or | ||||||
2 | criminal charges were filed and subsequently | ||||||
3 | dismissed or vacated or the arrestee was | ||||||
4 | acquitted. | ||||||
5 | (B) If the law enforcement agency is unable to | ||||||
6 | verify satisfaction of condition (ii) in paragraph | ||||||
7 | (A), records that satisfy condition (i) in paragraph | ||||||
8 | (A) shall be automatically expunged. | ||||||
9 | (C) Records shall be expunged by the law | ||||||
10 | enforcement agency under the following timelines: | ||||||
11 | (i) Records created prior to June 25, 2019 | ||||||
12 | (the effective date of Public Act 101-27), but on | ||||||
13 | or after January 1, 2013, shall be automatically | ||||||
14 | expunged prior to January 1, 2021; | ||||||
15 | (ii) Records created prior to January 1, 2013, | ||||||
16 | but on or after January 1, 2000, shall be | ||||||
17 | automatically expunged prior to January 1, 2023; | ||||||
18 | (iii) Records created prior to January 1, 2000 | ||||||
19 | shall be automatically expunged prior to January | ||||||
20 | 1, 2025. | ||||||
21 | In response to an inquiry for expunged records, | ||||||
22 | the law enforcement agency receiving such inquiry | ||||||
23 | shall reply as it does in response to inquiries when no | ||||||
24 | records ever existed; however, it shall provide a | ||||||
25 | certificate of disposition or confirmation that the | ||||||
26 | record was expunged to the individual whose record was |
| |||||||
| |||||||
1 | expunged if such a record exists. | ||||||
2 | (D) Nothing in this Section shall be construed to | ||||||
3 | restrict or modify an individual's right to have that | ||||||
4 | individual's records expunged except as otherwise may | ||||||
5 | be provided in this Act, or diminish or abrogate any | ||||||
6 | rights or remedies otherwise available to the | ||||||
7 | individual. | ||||||
8 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
9 | Offenses. | ||||||
10 | (A) Upon June 25, 2019 (the effective date of | ||||||
11 | Public Act 101-27), the Department of State Police | ||||||
12 | shall review all criminal history record information | ||||||
13 | and identify all records that meet all of the | ||||||
14 | following criteria: | ||||||
15 | (i) one or more convictions for a Minor | ||||||
16 | Cannabis Offense; | ||||||
17 | (ii) the conviction identified in paragraph | ||||||
18 | (2)(A)(i) did not include a penalty enhancement | ||||||
19 | under Section 7 of the Cannabis Control Act; and | ||||||
20 | (iii) the conviction identified in paragraph | ||||||
21 | (2)(A)(i) is not associated with a conviction for | ||||||
22 | a violent crime as defined in subsection (c) of | ||||||
23 | Section 3 of the Rights of Crime Victims and | ||||||
24 | Witnesses Act. | ||||||
25 | (B) Within 180 days after June 25, 2019 (the | ||||||
26 | effective date of Public Act 101-27), the Department |
| |||||||
| |||||||
1 | of State Police shall notify the Prisoner Review Board | ||||||
2 | of all such records that meet the criteria established | ||||||
3 | in paragraph (2)(A). | ||||||
4 | (i) The Prisoner Review Board shall notify the | ||||||
5 | State's Attorney of the county of conviction of | ||||||
6 | each record identified by State Police in | ||||||
7 | paragraph (2)(A) that is classified as a Class 4 | ||||||
8 | felony. The State's Attorney may provide a written | ||||||
9 | objection to the Prisoner Review Board on the sole | ||||||
10 | basis that the record identified does not meet the | ||||||
11 | criteria established in paragraph (2)(A). Such an | ||||||
12 | objection must be filed within 60 days or by such | ||||||
13 | later date set by the Prisoner Review Board in the | ||||||
14 | notice after the State's Attorney received notice | ||||||
15 | from the Prisoner Review Board. | ||||||
16 | (ii) In response to a written objection from a | ||||||
17 | State's Attorney, the Prisoner Review Board is | ||||||
18 | authorized to conduct a non-public hearing to | ||||||
19 | evaluate the information provided in the | ||||||
20 | objection. | ||||||
21 | (iii) The Prisoner Review Board shall make a | ||||||
22 | confidential and privileged recommendation to the | ||||||
23 | Governor as to whether to grant a pardon | ||||||
24 | authorizing expungement for each of the records | ||||||
25 | identified by the Department of State Police as | ||||||
26 | described in paragraph (2)(A). |
| |||||||
| |||||||
1 | (C) If an individual has been granted a pardon | ||||||
2 | authorizing expungement as described in this Section, | ||||||
3 | the Prisoner Review Board, through the Attorney | ||||||
4 | General, shall file a petition for expungement with | ||||||
5 | the Chief Judge of the circuit or any judge of the | ||||||
6 | circuit designated by the Chief Judge where the | ||||||
7 | individual had been convicted. Such petition may | ||||||
8 | include more than one individual. Whenever an | ||||||
9 | individual who has been convicted of an offense is | ||||||
10 | granted a pardon by the Governor that specifically | ||||||
11 | authorizes expungement, an objection to the petition | ||||||
12 | may not be filed. Petitions to expunge under this | ||||||
13 | subsection (i) may include more than one individual. | ||||||
14 | Within 90 days of the filing of such a petition, the | ||||||
15 | court shall enter an order expunging the records of | ||||||
16 | arrest from the official records of the arresting | ||||||
17 | authority and order that the records of the circuit | ||||||
18 | court clerk and the Department of State Police be | ||||||
19 | expunged and the name of the defendant obliterated | ||||||
20 | from the official index requested to be kept by the | ||||||
21 | circuit court clerk under Section 16 of the Clerks of | ||||||
22 | Courts Act in connection with the arrest and | ||||||
23 | conviction for the offense for which the individual | ||||||
24 | had received a pardon but the order shall not affect | ||||||
25 | any index issued by the circuit court clerk before the | ||||||
26 | entry of the order. Upon entry of the order of |
| |||||||
| |||||||
1 | expungement, the circuit court clerk shall promptly | ||||||
2 | provide a copy of the order and a certificate of | ||||||
3 | disposition to the individual who was pardoned to the | ||||||
4 | individual's last known address or by electronic means | ||||||
5 | (if available) or otherwise make it available to the | ||||||
6 | individual upon request. | ||||||
7 | (D) Nothing in this Section is intended to | ||||||
8 | diminish or abrogate any rights or remedies otherwise | ||||||
9 | available to the individual. | ||||||
10 | (3) Any individual may file a motion to vacate and | ||||||
11 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
12 | violation of Section 4 or Section 5 of the Cannabis | ||||||
13 | Control Act. Motions to vacate and expunge under this | ||||||
14 | subsection (i) may be filed with the circuit court, Chief | ||||||
15 | Judge of a judicial circuit or any judge of the circuit | ||||||
16 | designated by the Chief Judge. The circuit court clerk | ||||||
17 | shall promptly serve a copy of the motion to vacate and | ||||||
18 | expunge, and any supporting documentation, on the State's | ||||||
19 | Attorney or prosecutor charged with the duty of | ||||||
20 | prosecuting the offense. When considering such a motion to | ||||||
21 | vacate and expunge, a court shall consider the following: | ||||||
22 | the reasons to retain the records provided by law | ||||||
23 | enforcement, the petitioner's age, the petitioner's age at | ||||||
24 | the time of offense, the time since the conviction, and | ||||||
25 | the specific adverse consequences if denied. An individual | ||||||
26 | may file such a petition after the completion of any |
| |||||||
| |||||||
1 | non-financial sentence or non-financial condition imposed | ||||||
2 | by the conviction. Within 60 days of the filing of such | ||||||
3 | motion, a State's Attorney may file an objection to such a | ||||||
4 | petition along with supporting evidence. If a motion to | ||||||
5 | vacate and expunge is granted, the records shall be | ||||||
6 | expunged in accordance with subparagraphs (d)(8) and | ||||||
7 | (d)(9)(A) of this Section. An agency providing civil legal | ||||||
8 | aid, as defined by Section 15 of the Public Interest | ||||||
9 | Attorney Assistance Act, assisting individuals seeking to | ||||||
10 | file a motion to vacate and expunge under this subsection | ||||||
11 | may file motions to vacate and expunge with the Chief | ||||||
12 | Judge of a judicial circuit or any judge of the circuit | ||||||
13 | designated by the Chief Judge, and the motion may include | ||||||
14 | more than one individual. Motions filed by an agency | ||||||
15 | providing civil legal aid concerning more than one | ||||||
16 | individual may be prepared, presented, and signed | ||||||
17 | electronically. | ||||||
18 | (4) Any State's Attorney may file a motion to vacate | ||||||
19 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
20 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
21 | Control Act. Motions to vacate and expunge under this | ||||||
22 | subsection (i) may be filed with the circuit court, Chief | ||||||
23 | Judge of a judicial circuit or any judge of the circuit | ||||||
24 | designated by the Chief Judge, and may include more than | ||||||
25 | one individual. Motions filed by a State's Attorney | ||||||
26 | concerning more than one individual may be prepared, |
| |||||||
| |||||||
1 | presented, and signed electronically. When considering | ||||||
2 | such a motion to vacate and expunge, a court shall | ||||||
3 | consider the following: the reasons to retain the records | ||||||
4 | provided by law enforcement, the individual's age, the | ||||||
5 | individual's age at the time of offense, the time since | ||||||
6 | the conviction, and the specific adverse consequences if | ||||||
7 | denied. Upon entry of an order granting a motion to vacate | ||||||
8 | and expunge records pursuant to this Section, the State's | ||||||
9 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
10 | days. Upon entry of the order of expungement, the circuit | ||||||
11 | court clerk shall promptly provide a copy of the order and | ||||||
12 | a certificate of disposition to the individual whose | ||||||
13 | records will be expunged to the individual's last known | ||||||
14 | address or by electronic means (if available) or otherwise | ||||||
15 | make available to the individual upon request. If a motion | ||||||
16 | to vacate and expunge is granted, the records shall be | ||||||
17 | expunged in accordance with subparagraphs (d)(8) and | ||||||
18 | (d)(9)(A) of this Section. | ||||||
19 | (5) In the public interest, the State's Attorney of a | ||||||
20 | county has standing to file motions to vacate and expunge | ||||||
21 | pursuant to this Section in the circuit court with | ||||||
22 | jurisdiction over the underlying conviction. | ||||||
23 | (6) If a person is arrested for a Minor Cannabis | ||||||
24 | Offense as defined in this Section before June 25, 2019 | ||||||
25 | (the effective date of Public Act 101-27) and the person's | ||||||
26 | case is still pending but a sentence has not been imposed, |
| |||||||
| |||||||
1 | the person may petition the court in which the charges are | ||||||
2 | pending for an order to summarily dismiss those charges | ||||||
3 | against him or her, and expunge all official records of | ||||||
4 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
5 | supervision, or expungement. If the court determines, upon | ||||||
6 | review, that:
(A) the person was arrested before June 25, | ||||||
7 | 2019 (the effective date of Public Act 101-27) for an | ||||||
8 | offense that has been made eligible for expungement;
(B) | ||||||
9 | the case is pending at the time; and
(C) the person has not | ||||||
10 | been sentenced of the minor cannabis violation eligible | ||||||
11 | for expungement under this subsection, the court shall | ||||||
12 | consider the following: the reasons to retain the records | ||||||
13 | provided by law enforcement, the petitioner's age, the | ||||||
14 | petitioner's age at the time of offense, the time since | ||||||
15 | the conviction, and the specific adverse consequences if | ||||||
16 | denied. If a motion to dismiss and expunge is granted, the | ||||||
17 | records shall be expunged in accordance with subparagraph | ||||||
18 | (d)(9)(A) of this Section. | ||||||
19 | (7) A person imprisoned solely as a result of one or | ||||||
20 | more convictions for Minor Cannabis Offenses under this | ||||||
21 | subsection (i) shall be released from incarceration upon | ||||||
22 | the issuance of an order under this subsection. | ||||||
23 | (8) The Department of State Police shall allow a | ||||||
24 | person to use the access and review process, established | ||||||
25 | in the Department of State Police, for verifying that his | ||||||
26 | or her records relating to Minor Cannabis Offenses of the |
| |||||||
| |||||||
1 | Cannabis Control Act eligible under this Section have been | ||||||
2 | expunged. | ||||||
3 | (9) No conviction vacated pursuant to this Section | ||||||
4 | shall serve as the basis for damages for time unjustly | ||||||
5 | served as provided in the Court of Claims Act. | ||||||
6 | (10) Effect of Expungement. A person's right to | ||||||
7 | expunge an expungeable offense shall not be limited under | ||||||
8 | this Section. The effect of an order of expungement shall | ||||||
9 | be to restore the person to the status he or she occupied | ||||||
10 | before the arrest, charge, or conviction. | ||||||
11 | (11) Information. The Department of State Police shall | ||||||
12 | post general information on its website about the | ||||||
13 | expungement process described in this subsection (i). | ||||||
14 | (Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; | ||||||
15 | 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. | ||||||
16 | 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, | ||||||
17 | eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
18 | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | ||||||
19 | 12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
| ||||||
20 | Section 150. The Department of Transportation Law of the
| ||||||
21 | Civil Administrative Code of Illinois is amended by changing | ||||||
22 | Sections 2705-610 and 2705-615 as follows:
| ||||||
23 | (20 ILCS 2705/2705-610) | ||||||
24 | Sec. 2705-610. Disadvantaged business revolving loan and |
| |||||||
| |||||||
1 | grant program. | ||||||
2 | (a) Purpose. The purpose of this Section is to provide for | ||||||
3 | assistance to disadvantaged business enterprises with project | ||||||
4 | financing costs for those firms that are ready, willing, and | ||||||
5 | able to participate on Department construction contracts. The | ||||||
6 | Department's disparity study recommends and supports a | ||||||
7 | financing program to address this barrier faced by | ||||||
8 | disadvantaged business enterprises. | ||||||
9 | (b) For the purposes of this Section: | ||||||
10 | "Construction" means building, altering, repairing, | ||||||
11 | improving, or demolishing any public structure or building, or | ||||||
12 | making improvements of any kind to public real property. | ||||||
13 | Construction does not include the routine operation, routine | ||||||
14 | repair, or routine maintenance of existing structures, | ||||||
15 | buildings, or real property. | ||||||
16 | "Construction-related services" means those services | ||||||
17 | including construction design, layout, inspection, support, | ||||||
18 | feasibility or location study, research, development, | ||||||
19 | planning, or other investigative study undertaken by a | ||||||
20 | construction agency concerning construction or potential | ||||||
21 | construction. | ||||||
22 | "Contractor" means one who participates, through a | ||||||
23 | contract or subcontract at any tier, in a United States | ||||||
24 | Department of Transportation-assisted or Illinois Department | ||||||
25 | of Transportation-assisted highway, rail, transit, or airport | ||||||
26 | program. |
| |||||||
| |||||||
1 | "Escrow account" means a fiduciary account established | ||||||
2 | with (1) a banking corporation which is both organized under | ||||||
3 | the Illinois Banking Act and authorized to accept and | ||||||
4 | administer trusts in this State; or (2) a national banking | ||||||
5 | association which has its principal place of business in this | ||||||
6 | State and which is authorized to accept and administer trusts | ||||||
7 | in this State. | ||||||
8 | "Fund Control Agent" means a person who provides | ||||||
9 | managerial and technical assistance to disadvantaged business | ||||||
10 | enterprises and holds the authority to manage a loan under | ||||||
11 | this Section. The Fund Control Agent will be procured by the | ||||||
12 | Department under a request for proposal process governed by | ||||||
13 | the Illinois Procurement Code and rules adopted under that | ||||||
14 | Code. | ||||||
15 | "Loan" or "loan assistance funds" means a low-interest | ||||||
16 | line of credit made available to a selected disadvantaged | ||||||
17 | business enterprise under this program for the purposes set | ||||||
18 | forth in subsection (f) below. | ||||||
19 | (c) The Department may enter into agreements to make loans | ||||||
20 | to disadvantaged business enterprises certified by the | ||||||
21 | Department for participation on Department-procured | ||||||
22 | construction and construction-related contracts. For purposes | ||||||
23 | of this Section, the term "disadvantaged business enterprise" | ||||||
24 | has the meaning ascribed to it by 49 CFR Part 26. | ||||||
25 | The Department shall establish a loan selection committee | ||||||
26 | to review applications and select eligible disadvantaged |
| |||||||
| |||||||
1 | business enterprises for low-interest loans under this | ||||||
2 | program. A selection committee shall be comprised of at least | ||||||
3 | 3 members appointed by the Secretary of the Department and | ||||||
4 | shall include at least one public member from the construction | ||||||
5 | or financing industry. The public member may not be employed | ||||||
6 | or associated with any disadvantaged business enterprise | ||||||
7 | holding a contract with the Department nor may the public | ||||||
8 | member's firm be considered for a contract with the Department | ||||||
9 | while he or she is serving as a public member of the committee. | ||||||
10 | Terms of service for public members shall not exceed 5 years. | ||||||
11 | No public member of the loan selection committee shall hold | ||||||
12 | consecutive terms, nor shall any member receive any | ||||||
13 | compensation other than for reasonable expenses for service | ||||||
14 | related to this committee. | ||||||
15 | The Department shall establish through administrative | ||||||
16 | rules the requirements for eligibility and criteria for loan | ||||||
17 | applications, approved use of funds, amount of loans, interest | ||||||
18 | rates, collateral, and terms. The Department is authorized to | ||||||
19 | adopt rules to implement this Section. | ||||||
20 | The Department shall notify the prime contractor on a | ||||||
21 | project that a subcontractor on the same project has been | ||||||
22 | awarded a loan from the Working Capital Revolving Loan Fund. | ||||||
23 | If the loan agreement is amended by the parties of the loan | ||||||
24 | agreement, the prime contractor shall not be a party to any | ||||||
25 | disadvantaged business enterprise loan agreement between the | ||||||
26 | Department and participating subcontractor and shall not incur |
| |||||||
| |||||||
1 | any liability for loan debt accrued as a result of the loan | ||||||
2 | agreement. | ||||||
3 | (d) Loan funds shall be disbursed to the escrow account, | ||||||
4 | subject to appropriation, from the Working Capital Revolving | ||||||
5 | Loan Fund established as a special fund in the State treasury. | ||||||
6 | Loaned funds that are repaid to the Department shall be | ||||||
7 | deposited into the Working Capital Revolving Loan Fund. Other | ||||||
8 | appropriations, grants, awards, and donations to the | ||||||
9 | Department for the purpose of the revolving loan program | ||||||
10 | established by this Section shall be deposited into the | ||||||
11 | Working Capital Revolving Loan Fund. | ||||||
12 | (e) A funds control process shall be established to serve | ||||||
13 | as an intermediary between the Department and the contractor | ||||||
14 | to verify payments and to ensure paperwork is properly filed. | ||||||
15 | The Fund Control Agent and contractor shall enter into an | ||||||
16 | agreement regarding the control and disbursement of all | ||||||
17 | payments to be made by the Fund Control Agent under the | ||||||
18 | contract. The Department shall authorize and direct the Fund | ||||||
19 | Control Agent to review all disbursement requests and | ||||||
20 | supporting documents received from the contractor. The Fund | ||||||
21 | Control Agent shall direct the escrow account to disburse | ||||||
22 | escrow funds to the subcontractor, material supplier, and | ||||||
23 | other appropriate entities by written request for the | ||||||
24 | disbursement. The disadvantaged business enterprise shall | ||||||
25 | maintain control over its business operations by directing the | ||||||
26 | payments of the loan funds through its relationship with the |
| |||||||
| |||||||
1 | Funds Control Agent. The funds control process shall require | ||||||
2 | the Fund Control Agent to intercept payments made from a | ||||||
3 | contractor to a subcontractor receiving a loan made under this | ||||||
4 | Act and allow the Fund Control Agent to deduct any unpaid loan | ||||||
5 | repayments owed to the State before releasing the payment to | ||||||
6 | the subcontractor. | ||||||
7 | (f) Loan assistance funds shall be allowed for current | ||||||
8 | liabilities or working capital expenses associated with | ||||||
9 | participation in the performance of contracts procured and | ||||||
10 | awarded by the Department for transportation construction and | ||||||
11 | construction-related purposes. Loan funds shall not be used | ||||||
12 | for: | ||||||
13 | (1) refinancing or payment of existing long-term debt; | ||||||
14 | (2) payment of non-current taxes; | ||||||
15 | (3) payments, advances, or loans to stockholders, | ||||||
16 | officers, directors, partners, or member owners of limited | ||||||
17 | liability companies; or | ||||||
18 | (4) the purchase or lease of non-construction motor | ||||||
19 | vehicles or equipment. | ||||||
20 | The loan agreement shall provide for the terms and | ||||||
21 | conditions of repayment which shall not extend repayment | ||||||
22 | longer than final payment made by the Department following | ||||||
23 | completion and acceptance of the work authorized for loan | ||||||
24 | assistance under the program. The funds shall be loaned with | ||||||
25 | interest. | ||||||
26 | (g) The number of loans one disadvantaged business |
| |||||||
| |||||||
1 | enterprise may receive under this program is limited to 3. | ||||||
2 | Loans shall not be granted simultaneously. An applicant shall | ||||||
3 | not be permitted to obtain a loan under this program for a | ||||||
4 | different and additional project until payment in full of any | ||||||
5 | outstanding loans granted under this program have been | ||||||
6 | received by the Department. | ||||||
7 | (h) The rate of interest for any loan shall be set by rule. | ||||||
8 | (i) The loan amount to any successful applicant shall not | ||||||
9 | exceed 55% percent of the contract or subcontract supporting | ||||||
10 | the loan. | ||||||
11 | (j) Nothing in this Section shall impair the contractual | ||||||
12 | rights of the Department and the prime contractor or the | ||||||
13 | contractual rights between a prime contractor and | ||||||
14 | subcontractor. | ||||||
15 | (k) Nothing in this Section is intended nor shall be | ||||||
16 | construed to vest applicants denied funds by the Department in | ||||||
17 | accordance with this Section a right to challenge, protest, or | ||||||
18 | contest the awarding of funds by the Department to successful | ||||||
19 | applicants or any loan or agreement executed in connection | ||||||
20 | with it. | ||||||
21 | (l) The debt delinquency prohibition under Section 50-11 | ||||||
22 | of the Illinois Procurement Code applies to any future | ||||||
23 | contracts or subcontracts in the event of a loan default. | ||||||
24 | (m) Investment income which is attributable to the | ||||||
25 | investment of moneys in the Working Capital Revolving Loan | ||||||
26 | Fund shall be retained in the Working Capital Revolving Loan |
| |||||||
| |||||||
1 | Fund. | ||||||
2 | (n) By January 1, 2014 and January 1 of each succeeding | ||||||
3 | year, the Department shall report to the Governor and the | ||||||
4 | General Assembly on the utilization and status of the | ||||||
5 | revolving loan program. The report shall, at a minimum, | ||||||
6 | include the amount transferred from the Road Fund to the | ||||||
7 | Working Capital Revolving Loan Fund, the number and size of | ||||||
8 | approved loans, the amounts disbursed to and from the escrow | ||||||
9 | account, the amounts, if any, repaid to the Working Capital | ||||||
10 | Revolving Loan Fund, the interest and fees paid by loan | ||||||
11 | recipients, and the interest earned on balances in the Working | ||||||
12 | Capital Revolving Loan Fund, and the names of any contractors | ||||||
13 | who are delinquent or in default of payment. The January 1, | ||||||
14 | 2017 report shall include an evaluation of the program by the | ||||||
15 | Department to determine the program's viability and progress | ||||||
16 | towards its stated purpose. | ||||||
17 | (o) The Department's authority to execute additional loans | ||||||
18 | or request transfers to the Working Capital Revolving Loan | ||||||
19 | Fund expires on June 1, 2018. The Comptroller shall order | ||||||
20 | transferred and the Treasurer shall transfer any available | ||||||
21 | balance remaining in the Working Capital Revolving Loan Fund | ||||||
22 | to the Road Fund on January 1, 2019, or as soon thereafter as | ||||||
23 | may be practical. Any loan repayments, interest, or fees that | ||||||
24 | are by the terms of a loan agreement payable to the Working | ||||||
25 | Capital Revolving Loan Fund after June 20, 2018 shall instead | ||||||
26 | be paid into the Road Fund as the successor fund to the Working |
| |||||||
| |||||||
1 | Capital Revolving Loan Fund.
| ||||||
2 | (Source: P.A. 98-117, eff. 7-30-13; revised 7-16-19.)
| ||||||
3 | (20 ILCS 2705/2705-615) | ||||||
4 | Sec. 2705-615. Supplemental funding; Illinois | ||||||
5 | Transportation Enhancement Program. | ||||||
6 | (a) In addition to any other funding that may be provided | ||||||
7 | to the Illinois Transportation Enhancement Program from | ||||||
8 | federal, State, or other sources, including, but not limited | ||||||
9 | to, the Transportation Alternatives Set-Aside of the Surface | ||||||
10 | Transportation Block Grant Program, the Department shall set | ||||||
11 | aside $50,000,000 received by the Department from the Road | ||||||
12 | Fund for the projects in the following categories: pedestrian | ||||||
13 | and bicycle facilities and the conversion of abandoned | ||||||
14 | railroad corridors to trails. | ||||||
15 | (b) Except as provided in subsection (c), funds set aside | ||||||
16 | under subsection (a) shall be administered according to the | ||||||
17 | requirements of the current Guidelines Manual published by the | ||||||
18 | Department for the Illinois Transportation Enhancement | ||||||
19 | Program, including, but not limited to, decision-making by the | ||||||
20 | Department and the applicable Metropolitan Planning | ||||||
21 | Organization and proportional fund distribution according to | ||||||
22 | population size. | ||||||
23 | (c) For projects funded under this Section: | ||||||
24 | (1) local matching funding shall be required according | ||||||
25 | to a sliding scale based on community size, median income, |
| |||||||
| |||||||
1 | and total property tax base; | ||||||
2 | (2) Phase I Studies and Phase I Engineering Reports | ||||||
3 | are not required to be completed before application is | ||||||
4 | made; and | ||||||
5 | (3) at least 25% of funding shall be directed towards | ||||||
6 | projects in high-need communities, based on community | ||||||
7 | median income and total property tax base. | ||||||
8 | (d) The Department shall adopt rules necessary to | ||||||
9 | implement this Section. | ||||||
10 | (e) The Department shall adhere to a 2-year funding cycle | ||||||
11 | for the Illinois Transportation Enhancement Program with calls | ||||||
12 | for projects at least every other year. | ||||||
13 | (f) The Department shall make all funded and unfunded the | ||||||
14 | Illinois Transportation Enhancement Program applications | ||||||
15 | publicly available upon completion of each funding cycle, | ||||||
16 | including how each application scored on the program criteria.
| ||||||
17 | (Source: P.A. 101-32, eff. 6-28-19; revised 7-24-19.)
| ||||||
18 | Section 155. The State Fire Marshal Act is amended by | ||||||
19 | changing Section 3 as follows:
| ||||||
20 | (20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
| ||||||
21 | Sec. 3.
There is created the Illinois Fire Advisory | ||||||
22 | Commission which
shall advise the Office in the exercise of | ||||||
23 | its powers and duties. The
Commission shall be appointed by | ||||||
24 | the Governor as follows: |
| |||||||
| |||||||
1 | (1) 3 professional, full-time fulltime paid | ||||||
2 | firefighters; | ||||||
3 | (2) one volunteer firefighter; | ||||||
4 | (3) one Fire Protection Engineer who is registered in
| ||||||
5 | Illinois; | ||||||
6 | (4) one person who is a representative of the fire | ||||||
7 | insurance Fire
Insurance industry in Illinois; | ||||||
8 | (5) one person who is a representative of a
registered | ||||||
9 | United States Department of Labor
apprenticeship program | ||||||
10 | primarily instructing
in the installation and repair of
| ||||||
11 | fire extinguishing systems; | ||||||
12 | (6) one a licensed operating or stationary engineer | ||||||
13 | who
has an associate degree in facilities engineering
| ||||||
14 | technology and has knowledge of the operation and
| ||||||
15 | maintenance maintennce of fire alarm and fire
| ||||||
16 | extinguishing systems primarily for the life safety of
| ||||||
17 | occupants in a variety of commercial or residential
| ||||||
18 | structures; and | ||||||
19 | (7) 3 persons with an interest in and knowledgeable
| ||||||
20 | about fire prevention methods.
| ||||||
21 | In addition, the following shall serve as ex officio | ||||||
22 | members of the
Commission: the Chicago Fire Commissioner, or | ||||||
23 | his or her designee; the
executive officer, or his or her | ||||||
24 | designee , of each of the following
organizations: the Illinois | ||||||
25 | Fire Chiefs Association, the Illinois Fire
Protection District | ||||||
26 | Association, the Illinois Fire Inspectors
Association, the |
| |||||||
| |||||||
1 | Illinois Professional Firefighters Association, the
Illinois | ||||||
2 | Firemen's Association, the Associated Firefighters of | ||||||
3 | Illinois,
the Illinois Society of Fire Service Instructors ,
| ||||||
4 | and the Fire Service Institute, University of Illinois.
| ||||||
5 | The Governor shall designate, at the time of appointment, | ||||||
6 | 3 members
to serve terms expiring on the third Monday in | ||||||
7 | January, 1979; 3 members
to serve terms expiring the third | ||||||
8 | Monday in January, 1980; and 2 members
to serve terms expiring | ||||||
9 | the third Monday in January, 1981. The
additional member | ||||||
10 | appointed by the Governor pursuant to Public Act 85-718 this | ||||||
11 | amendatory Act
of 1987 shall serve for a term expiring the | ||||||
12 | third Monday in January, 1990. Thereafter,
all terms shall be | ||||||
13 | for 3 years. A member shall serve until his or her
successor is | ||||||
14 | appointed and qualified. A vacancy shall be filled for the
| ||||||
15 | unexpired term.
| ||||||
16 | The Governor shall designate one of the appointed members | ||||||
17 | to be
chairman of the Commission.
| ||||||
18 | Members shall serve without compensation but shall be | ||||||
19 | reimbursed for
their actual reasonable expenses incurred in | ||||||
20 | the performance of their
duties.
| ||||||
21 | (Source: P.A. 101-234, eff. 8-9-19; revised 9-12-19.)
| ||||||
22 | Section 160. The Capital Development Board Act is amended | ||||||
23 | by changing Sections 10.09-1 and 12 as follows:
| ||||||
24 | (20 ILCS 3105/10.09-1) |
| |||||||
| |||||||
1 | Sec. 10.09-1. Certification of inspection. | ||||||
2 | (a) After July 1, 2011, no person may occupy a newly | ||||||
3 | constructed commercial building in a non-building code | ||||||
4 | jurisdiction until: | ||||||
5 | (1) The property owner or his or her agent has first | ||||||
6 | contracted for the inspection of the building by an | ||||||
7 | inspector who meets the qualifications established by the | ||||||
8 | Board; and | ||||||
9 | (2) The qualified inspector files a certification of | ||||||
10 | inspection with the municipality or county having such | ||||||
11 | jurisdiction over the property indicating that the | ||||||
12 | building meets compliance with the building codes adopted | ||||||
13 | by the Board for non-building code jurisdictions based on | ||||||
14 | the following: | ||||||
15 | (A) The current edition or most recent preceding | ||||||
16 | editions of the following codes developed by the | ||||||
17 | International Code Council: | ||||||
18 | (i) International Building Code; | ||||||
19 | (ii) International Existing Building Code; and | ||||||
20 | (B) The current edition or most recent preceding | ||||||
21 | edition of the National Electrical Code NFPA 70. | ||||||
22 | (b) This Section does not apply to any area in a | ||||||
23 | municipality or county having jurisdiction that has registered | ||||||
24 | its adopted building code with the Board as required by | ||||||
25 | Section 55 of the Illinois Building Commission Act. | ||||||
26 | (c) The qualification requirements of this Section do not |
| |||||||
| |||||||
1 | apply to building enforcement personnel employed by | ||||||
2 | jurisdictions as defined in subsection (b). | ||||||
3 | (d) For purposes of this Section: | ||||||
4 | "Commercial building" means any building other than a | ||||||
5 | single-family home or a dwelling containing 2 or fewer | ||||||
6 | apartments, condominiums, or townhomes or a farm building as | ||||||
7 | exempted from Section 3 of the Illinois Architecture Practice | ||||||
8 | Act of 1989 . | ||||||
9 | "Newly constructed commercial building" means any | ||||||
10 | commercial building for which original construction has | ||||||
11 | commenced on or after July 1, 2011. | ||||||
12 | "Non-building code jurisdiction" means any area of the | ||||||
13 | State not subject to a building code imposed by either a county | ||||||
14 | or municipality. | ||||||
15 | "Qualified inspector" means an individual qualified by the | ||||||
16 | State of Illinois, certified by a nationally recognized | ||||||
17 | building official certification organization, qualified by an | ||||||
18 | apprentice program certified by the Bureau of Apprentice | ||||||
19 | Training, or who has filed verification of inspection | ||||||
20 | experience according to rules adopted by the Board for the | ||||||
21 | purposes of conducting inspections in non-building code | ||||||
22 | jurisdictions. | ||||||
23 | (e) New residential construction is exempt from this | ||||||
24 | Section and is defined as any original construction of a | ||||||
25 | single-family home or a dwelling containing 2 or fewer | ||||||
26 | apartments,
condominiums, or townhomes in accordance with the |
| |||||||
| |||||||
1 | Illinois Residential Building Code Act. | ||||||
2 | (f) Local governments may establish agreements with other | ||||||
3 | governmental entities within the State to issue permits and | ||||||
4 | enforce building codes and may hire third-party providers that | ||||||
5 | are qualified in accordance with this Section to provide | ||||||
6 | inspection services. | ||||||
7 | (g) This Section does not regulate any other statutorily | ||||||
8 | authorized code or regulation administered by State agencies. | ||||||
9 | These include without limitation the Illinois Plumbing Code, | ||||||
10 | the Illinois Environmental Barriers Act, the International | ||||||
11 | Energy Conservation Code, and administrative rules adopted by | ||||||
12 | the Office of the State Fire Marshal. | ||||||
13 | (h) This Section applies beginning July 1, 2011.
| ||||||
14 | (Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
| ||||||
15 | (20 ILCS 3105/12) (from Ch. 127, par. 782)
| ||||||
16 | Sec. 12.
Nothing in this Act shall be construed to include | ||||||
17 | the power to
abrogate those powers vested in the boards of the | ||||||
18 | local public community
college districts and the Illinois | ||||||
19 | Community College Board by the Public
Community College Act, | ||||||
20 | the Board of Trustees of the University of Illinois, The
Board | ||||||
21 | of Trustees of Southern Illinois University,
the Board of | ||||||
22 | Trustees of Chicago State University, the Board of Trustees of
| ||||||
23 | Eastern Illinois University, the Board of Trustees of | ||||||
24 | Governors State
University, the Board of Trustees of Illinois | ||||||
25 | State University, the Board of
Trustees of Northeastern |
| |||||||
| |||||||
1 | Illinois University, the Board of Trustees of Northern
| ||||||
2 | Illinois University, and the Board of Trustees of Western | ||||||
3 | Illinois University,
hereinafter referred to as Governing
| ||||||
4 | Boards. In the exercise of the powers conferred by law upon the | ||||||
5 | Board and
in the exercise of the powers vested in such | ||||||
6 | Governing Boards, it is hereby
provided that (i) the Board and | ||||||
7 | any such Governing Board may contract with
each other and | ||||||
8 | other parties as to the design and construction of any
project | ||||||
9 | to be constructed for or upon the property of such Governing | ||||||
10 | Board
or any institution under its jurisdiction; (ii) in | ||||||
11 | connection with any such
project, compliance with the | ||||||
12 | provisions of the Illinois Procurement Code by
either the | ||||||
13 | Board or such Governing Board shall be deemed to be compliance
| ||||||
14 | by the other; (iii) funds appropriated to any such Governing | ||||||
15 | Board may be
expended for any project constructed by the Board | ||||||
16 | for such Governing Board;
(iv) in connection with any such | ||||||
17 | project , the architects and engineers
retained for the project | ||||||
18 | and the plans and specifications for the project
must be | ||||||
19 | approved by both the Governing Board and the Board before
| ||||||
20 | undertaking either design or construction of the project, as | ||||||
21 | the case may
be.
| ||||||
22 | (Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
| ||||||
23 | Section 165. The General Assembly Compensation Act is | ||||||
24 | amended by changing Section 1 as follows:
|
| |||||||
| |||||||
1 | (25 ILCS 115/1) (from Ch. 63, par. 14) | ||||||
2 | Sec. 1. Each member of the General Assembly shall receive | ||||||
3 | an annual salary
of $28,000 or as set by the Compensation | ||||||
4 | Review Board, whichever is
greater. The
following named | ||||||
5 | officers, committee chairmen and committee minority spokesmen
| ||||||
6 | shall receive additional amounts per year for
their services | ||||||
7 | as such officers, committee chairmen and committee
minority | ||||||
8 | spokesmen respectively, as set by the Compensation
Review | ||||||
9 | Board or, as follows, whichever is greater: Beginning the | ||||||
10 | second
Wednesday in January 1989, the Speaker and the minority | ||||||
11 | leader of the
House of Representatives and the
President and | ||||||
12 | the minority leader of the Senate, $16,000 each; the
majority | ||||||
13 | leader in the House of Representatives $13,500;
5 assistant
| ||||||
14 | majority leaders and 5 assistant minority leaders in the | ||||||
15 | Senate,
$12,000
each; 6 assistant majority leaders and 6 | ||||||
16 | assistant minority leaders in
the House of Representatives, | ||||||
17 | $10,500 each; 2 Deputy
Majority leaders in the House of | ||||||
18 | Representatives $11,500 each; and 2 Deputy
Minority leaders in | ||||||
19 | the House of Representatives, $11,500 each; the majority
| ||||||
20 | caucus chairman and minority caucus chairman in the Senate, | ||||||
21 | $12,000 each;
and beginning the second Wednesday in January, | ||||||
22 | 1989, the majority
conference chairman and the minority | ||||||
23 | conference chairman
in the House of Representatives, $10,500 | ||||||
24 | each; beginning
the second Wednesday in January, 1989, the | ||||||
25 | chairman and minority spokesman
of each standing committee of | ||||||
26 | the Senate, except the Rules Committee, the
Committee on |
| |||||||
| |||||||
1 | Committees, and the Committee on Assignment of Bills, $6,000
| ||||||
2 | each; and beginning the second Wednesday in January, 1989, the | ||||||
3 | chairman and
minority spokesman of each standing and select | ||||||
4 | committee of the House of
Representatives, $6,000 each; and | ||||||
5 | beginning fiscal year 2020 , the majority leader in the Senate, | ||||||
6 | an amount equal to the majority leader in the House. A member | ||||||
7 | who serves in more than one
position as an officer, committee | ||||||
8 | chairman, or committee minority spokesman
shall receive only | ||||||
9 | one additional amount based on the position paying the
highest | ||||||
10 | additional amount. The
compensation provided for in this | ||||||
11 | Section to be paid per year to members
of the General Assembly, | ||||||
12 | including the additional sums payable per year
to officers of | ||||||
13 | the General Assembly shall be paid in 12 equal monthly
| ||||||
14 | installments. The first such installment is payable on January | ||||||
15 | 31,
1977. All subsequent equal monthly installments are | ||||||
16 | payable on the last
working day of the month. A member who has | ||||||
17 | held office any part of a
month is entitled to compensation for | ||||||
18 | an entire month. | ||||||
19 | Mileage shall be paid at the rate of 20 cents per mile | ||||||
20 | before January
9, 1985, and at the mileage allowance rate in | ||||||
21 | effect under regulations
promulgated pursuant to 5 U.S.C. | ||||||
22 | 5707(b)(2) beginning January 9, 1985, for the number
of actual | ||||||
23 | highway miles necessarily and conveniently traveled by the
| ||||||
24 | most feasible route to be present upon convening of the | ||||||
25 | sessions of the
General Assembly by such member in each and | ||||||
26 | every trip during each
session in going to and returning from |
| |||||||
| |||||||
1 | the seat of government, to be
computed by the Comptroller. A | ||||||
2 | member traveling by public
transportation for such purposes, | ||||||
3 | however, shall be paid his actual cost
of that transportation | ||||||
4 | instead of on the mileage rate if his cost of
public | ||||||
5 | transportation exceeds the amount to which he would be | ||||||
6 | entitled
on a mileage basis. No member may be paid, whether on | ||||||
7 | a mileage basis
or for actual costs of public transportation, | ||||||
8 | for more than one such
trip for each week the General Assembly | ||||||
9 | is actually in session. Each
member shall also receive an | ||||||
10 | allowance of $36 per day for lodging and
meals while in | ||||||
11 | attendance at sessions
of the General Assembly before January | ||||||
12 | 9, 1985; beginning January 9,
1985, such food and lodging | ||||||
13 | allowance shall be equal to the amount per day
permitted to be | ||||||
14 | deducted for such expenses under the Internal Revenue Code;
| ||||||
15 | however, beginning May 31, 1995, no allowance for food and | ||||||
16 | lodging while in
attendance at sessions is authorized for | ||||||
17 | periods of time after the last day in
May of each calendar | ||||||
18 | year, except (i) if the General Assembly is convened in
| ||||||
19 | special session by either the Governor or the presiding | ||||||
20 | officers of both
houses, as provided by subsection (b) of | ||||||
21 | Section 5 of Article IV of the
Illinois Constitution or (ii) if | ||||||
22 | the
General Assembly is convened to consider bills vetoed, | ||||||
23 | item vetoed, reduced, or
returned with specific | ||||||
24 | recommendations for change by the Governor as provided
in | ||||||
25 | Section 9 of Article IV of the Illinois Constitution. For | ||||||
26 | fiscal year 2011 and for session days in fiscal years 2012, |
| |||||||
| |||||||
1 | 2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the | ||||||
2 | allowance for lodging and meals is $111 per day and (ii) | ||||||
3 | mileage for automobile travel shall be reimbursed at a rate of | ||||||
4 | $0.39 per mile. | ||||||
5 | Notwithstanding any other provision of law to the | ||||||
6 | contrary, beginning in fiscal year 2012, travel reimbursement | ||||||
7 | for
General Assembly members on non-session days shall be
| ||||||
8 | calculated using the guidelines set forth by the Legislative
| ||||||
9 | Travel Control Board, except that fiscal year 2012, 2013, | ||||||
10 | 2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement | ||||||
11 | is set at a rate of $0.39 per mile. | ||||||
12 | If a member dies having received only a portion of the | ||||||
13 | amount payable
as compensation, the unpaid balance shall be | ||||||
14 | paid to the surviving
spouse of such member, or, if there be | ||||||
15 | none, to the estate of such member. | ||||||
16 | (Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18; | ||||||
17 | 101-10, eff. 6-5-19; revised 7-17-19.)
| ||||||
18 | Section 170. The Legislative Commission Reorganization Act | ||||||
19 | of 1984 is amended by changing the headings of Articles 3A and | ||||||
20 | 8A as follows:
| ||||||
21 | (25 ILCS 130/Art. 3A heading) | ||||||
22 | ARTICLE 3A .
| ||||||
23 | (Source: P.A. 89-113; revised 8-18-20.)
|
| |||||||
| |||||||
1 | (25 ILCS 130/Art. 8A heading) | ||||||
2 | ARTICLE 8A . | ||||||
3 | (Source: P.A. 93-632, eff. 2-1-04; revised 8-18-20.)
| ||||||
4 | Section 175. The State Finance Act is amended by setting | ||||||
5 | forth, renumbering, and changing Sections 5.891, 5.893, 5.894, | ||||||
6 | 5.895, 5.896, and 6z-107, by setting forth and renumbering | ||||||
7 | Sections 5.892 and 5.897, and by changing Sections 8.25g, 8g, | ||||||
8 | 9.02, and 10 as follows:
| ||||||
9 | (30 ILCS 105/5.891) | ||||||
10 | Sec. 5.891. The Governor's Administrative Fund. | ||||||
11 | (Source: P.A. 101-10, Article 5, Section 5-35, eff. 6-5-19.)
| ||||||
12 | (30 ILCS 105/5.892) | ||||||
13 | Sec. 5.892. The Firearm Dealer License Certification Fund. | ||||||
14 | (Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)
| ||||||
15 | (30 ILCS 105/5.893) | ||||||
16 | Sec. 5.893. The Local Government Aviation Trust Fund. | ||||||
17 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
18 | (30 ILCS 105/5.894) | ||||||
19 | Sec. 5.894. The Aviation Fuel Sales Tax Refund Fund. | ||||||
20 | (Source: P.A. 101-10, eff. 6-5-19.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.895) | ||||||
2 | Sec. 5.895. The Sound-Reducing Windows and Doors | ||||||
3 | Replacement Fund. | ||||||
4 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
5 | (30 ILCS 105/5.896) | ||||||
6 | Sec. 5.896. The Rebuild Illinois Projects Fund. | ||||||
7 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
8 | (30 ILCS 105/5.897) | ||||||
9 | Sec. 5.897. The Civic and Transit Infrastructure Fund. | ||||||
10 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
11 | (30 ILCS 105/5.898) | ||||||
12 | Sec. 5.898 5.891 . The State Aviation Program Fund. | ||||||
13 | (Source: P.A. 101-10, Article 15, Section 15-5, eff. 6-5-19; | ||||||
14 | revised 10-2-19.)
| ||||||
15 | (30 ILCS 105/5.899) | ||||||
16 | Sec. 5.899 5.891 . The Cannabis Regulation Fund. | ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-2-19.)
| ||||||
18 | (30 ILCS 105/5.900) | ||||||
19 | Sec. 5.900 5.891 . The Multi-modal Transportation Bond | ||||||
20 | Fund. | ||||||
21 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-2-19.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.901) | ||||||
2 | Sec. 5.901 5.891 . The Transportation Renewal Fund. | ||||||
3 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; | ||||||
4 | revised 10-2-19.)
| ||||||
5 | (30 ILCS 105/5.902) | ||||||
6 | Sec. 5.902 5.891 . The Illinois Property Tax Relief Fund. | ||||||
7 | (Source: P.A. 101-77, eff. 7-12-19; revised 10-2-19.)
| ||||||
8 | (30 ILCS 105/5.903) | ||||||
9 | Sec. 5.903 5.891 . The Attorney General Whistleblower | ||||||
10 | Reward and Protection Fund. | ||||||
11 | (Source: P.A. 101-148, eff. 7-26-19; revised 10-2-19.)
| ||||||
12 | (30 ILCS 105/5.904) | ||||||
13 | Sec. 5.904 5.891 . The Coal Combustion Residual Surface | ||||||
14 | Impoundment Financial Assurance Fund. | ||||||
15 | (Source: P.A. 101-171, eff. 7-30-19; revised 10-2-19.)
| ||||||
16 | (30 ILCS 105/5.905) | ||||||
17 | Sec. 5.905 5.891 . The Scott's Law Fund. | ||||||
18 | (Source: P.A. 101-173, eff. 1-1-20; revised 10-2-19.)
| ||||||
19 | (30 ILCS 105/5.906) | ||||||
20 | Sec. 5.906 5.891 . The DUI Prevention and Education Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 101-196, eff. 1-1-20; revised 10-2-19.)
| ||||||
2 | (30 ILCS 105/5.907) | ||||||
3 | Sec. 5.907 5.891 . The Post-Traumatic Stress Disorder | ||||||
4 | Awareness Fund. | ||||||
5 | (Source: P.A. 101-248, eff. 1-1-20; revised 10-2-19.)
| ||||||
6 | (30 ILCS 105/5.908) | ||||||
7 | Sec. 5.908 5.891 . The Guide Dogs of America Fund. | ||||||
8 | (Source: P.A. 101-256, eff. 1-1-20; revised 10-2-19.)
| ||||||
9 | (30 ILCS 105/5.909) | ||||||
10 | Sec. 5.909 5.891 . The Theresa Tracy Trot-Illinois | ||||||
11 | CancerCare Foundation Fund. | ||||||
12 | (Source: P.A. 101-276, eff. 8-9-19; revised 10-2-19.)
| ||||||
13 | (30 ILCS 105/5.910) | ||||||
14 | Sec. 5.910 5.891 . The Developmental Disabilities Awareness | ||||||
15 | Fund. | ||||||
16 | (Source: P.A. 101-282, eff. 1-1-20; revised 10-2-19.)
| ||||||
17 | (30 ILCS 105/5.911) | ||||||
18 | Sec. 5.911 5.891 . The Pediatric Cancer Awareness Fund. | ||||||
19 | (Source: P.A. 101-372, eff. 1-1-20; revised 10-2-19.)
| ||||||
20 | (30 ILCS 105/5.912) |
| |||||||
| |||||||
1 | Sec. 5.912 5.891 . The Training in the Building Trades | ||||||
2 | Fund. | ||||||
3 | (Source: P.A. 101-469, eff. 1-1-20; revised 10-2-19.)
| ||||||
4 | (30 ILCS 105/5.913) | ||||||
5 | Sec. 5.913 5.891 . The School STEAM Grant Program Fund. | ||||||
6 | (Source: P.A. 101-561, eff. 8-23-19; revised 10-2-19.)
| ||||||
7 | (30 ILCS 105/5.914) | ||||||
8 | Sec. 5.914 5.891 . The Water Workforce Development Fund. | ||||||
9 | (Source: P.A. 101-576, eff. 1-1-20; revised 10-2-19.)
| ||||||
10 | (30 ILCS 105/5.915) | ||||||
11 | Sec. 5.915 5.892 . The Cannabis Business Development Fund.
| ||||||
12 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
| ||||||
13 | (30 ILCS 105/5.916)
| ||||||
14 | Sec. 5.916 5.893 . The Local Cannabis Consumer Excise Tax | ||||||
15 | Trust Fund. | ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
| ||||||
17 | (30 ILCS 105/5.917)
| ||||||
18 | Sec. 5.917 5.893 . The Transportation Renewal Fund. | ||||||
19 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
20 | (30 ILCS 105/5.918)
|
| |||||||
| |||||||
1 | Sec. 5.918 5.893 . The Regional Transportation Authority | ||||||
2 | Capital Improvement Fund. | ||||||
3 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; | ||||||
4 | revised 10-17-19.)
| ||||||
5 | (30 ILCS 105/5.920)
| ||||||
6 | Sec. 5.920 5.893 . The State Police Whistleblower Reward | ||||||
7 | and Protection Fund. | ||||||
8 | (Source: P.A. 101-148, eff. 7-26-19; revised 10-17-19.)
| ||||||
9 | (30 ILCS 105/5.921)
| ||||||
10 | Sec. 5.921 5.893 . The Mechanics Training Fund. | ||||||
11 | (Source: P.A. 101-256, eff. 1-1-20; revised 10-17-19.)
| ||||||
12 | (30 ILCS 105/5.922)
| ||||||
13 | Sec. 5.922 5.894 . The Cannabis Expungement Fund. | ||||||
14 | (Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
| ||||||
15 | (30 ILCS 105/5.923)
| ||||||
16 | Sec. 5.923 5.894 . The Regional Transportation Authority | ||||||
17 | Capital Improvement Fund. | ||||||
18 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
19 | (30 ILCS 105/5.924)
| ||||||
20 | Sec. 5.924 5.894 . The Downstate Mass Transportation | ||||||
21 | Capital Improvement Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19.)
| ||||||
2 | (30 ILCS 105/5.925)
| ||||||
3 | Sec. 5.925 5.895 . The Downstate Mass Transportation | ||||||
4 | Capital Improvement Fund. | ||||||
5 | (Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
| ||||||
6 | (30 ILCS 105/5.926)
| ||||||
7 | Sec. 5.926 5.895 . The Illinois Works Fund. | ||||||
8 | (Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
| ||||||
9 | (30 ILCS 105/5.927) | ||||||
10 | Sec. 5.927 5.896 . The Sports Wagering Fund. | ||||||
11 | (Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
| ||||||
12 | (30 ILCS 105/5.928) | ||||||
13 | Sec. 5.928 5.897 . The State Fairgrounds Capital | ||||||
14 | Improvements and Harness Racing Fund. | ||||||
15 | (Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
| ||||||
16 | (30 ILCS 105/6z-107) | ||||||
17 | Sec. 6z-107. Governor's Administrative Fund. The | ||||||
18 | Governor's Administrative Fund is established as a special | ||||||
19 | fund in the State Treasury. The Fund may accept moneys from any | ||||||
20 | public source in the form of grants, deposits, and transfers, | ||||||
21 | and shall be used for purposes designated by the source of the |
| |||||||
| |||||||
1 | moneys and, if no specific purposes are designated, then for | ||||||
2 | the general administrative and operational costs of the | ||||||
3 | Governor's Office.
| ||||||
4 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
5 | (30 ILCS 105/6z-112) | ||||||
6 | Sec. 6z-112 6z-107 . The Cannabis Regulation Fund. | ||||||
7 | (a) There is created the Cannabis Regulation Fund in the | ||||||
8 | State treasury, subject to appropriations unless otherwise | ||||||
9 | provided in this Section. All moneys collected under the | ||||||
10 | Cannabis Regulation and Tax Act shall be deposited into the | ||||||
11 | Cannabis Regulation Fund, consisting of taxes, license fees, | ||||||
12 | other fees, and any other amounts required to be deposited or | ||||||
13 | transferred into the Fund. | ||||||
14 | (b) Whenever the Department of Revenue determines that a | ||||||
15 | refund should be made under the Cannabis Regulation and Tax | ||||||
16 | Act to a claimant, the Department of Revenue shall submit a | ||||||
17 | voucher for payment to the State Comptroller, who shall cause | ||||||
18 | the order to be drawn for the amount specified and to the | ||||||
19 | person named in the notification from the Department of | ||||||
20 | Revenue. This subsection (b) shall constitute an irrevocable | ||||||
21 | and continuing appropriation of all amounts necessary for the | ||||||
22 | payment of refunds out of the Fund as authorized under this | ||||||
23 | subsection (b). | ||||||
24 | (c) On or before the 25th day of each calendar month, the | ||||||
25 | Department of Revenue shall prepare and certify to the State |
| |||||||
| |||||||
1 | Comptroller the transfer and allocations of stated sums of | ||||||
2 | money from the Cannabis Regulation Fund to other named funds | ||||||
3 | in the State treasury. The amount subject to transfer shall be | ||||||
4 | the amount of the taxes, license fees, other fees, and any | ||||||
5 | other amounts paid into the Fund during the second preceding | ||||||
6 | calendar month, minus the refunds made under subsection (b) | ||||||
7 | during the second preceding calendar month by the Department. | ||||||
8 | The transfers shall be certified as follows: | ||||||
9 | (1) The Department of Revenue shall first determine | ||||||
10 | the allocations which shall remain in the Cannabis | ||||||
11 | Regulation Fund, subject to appropriations, to pay for the | ||||||
12 | direct and indirect costs associated with the | ||||||
13 | implementation, administration, and enforcement of the | ||||||
14 | Cannabis Regulation and Tax Act by the Department of | ||||||
15 | Revenue, the Department of State Police, the Department of | ||||||
16 | Financial and Professional Regulation, the Department of | ||||||
17 | Agriculture, the Department of Public Health, the | ||||||
18 | Department of Commerce and Economic Opportunity, and the | ||||||
19 | Illinois Criminal Justice Information Authority. | ||||||
20 | (2) After the allocations have been made as provided | ||||||
21 | in paragraph (1) of this subsection (c), of the remainder | ||||||
22 | of the amount subject to transfer for the month as | ||||||
23 | determined in this subsection (c), the Department shall | ||||||
24 | certify the transfer into the Cannabis Expungement Fund | ||||||
25 | 1/12 of the fiscal year amount appropriated from the | ||||||
26 | Cannabis Expungement Fund for payment of costs incurred by |
| |||||||
| |||||||
1 | State courts, the Attorney General, State's Attorneys, | ||||||
2 | civil legal aid, as defined by Section 15 of the Public | ||||||
3 | Interest Attorney Assistance Act, and the Department of | ||||||
4 | State Police to facilitate petitions for expungement of | ||||||
5 | Minor Cannabis Offenses pursuant to Public Act 101-27 this | ||||||
6 | amendatory Act of the 101st General Assembly , as adjusted | ||||||
7 | by any supplemental appropriation, plus cumulative | ||||||
8 | deficiencies in such transfers for prior months. | ||||||
9 | (3) After the allocations have been made as provided | ||||||
10 | in paragraphs (1) and (2) of this subsection (c), the | ||||||
11 | Department of Revenue shall certify to the State | ||||||
12 | Comptroller and the State Treasurer shall transfer the | ||||||
13 | amounts that the Department of Revenue determines shall be | ||||||
14 | transferred into the following named funds according to | ||||||
15 | the following: | ||||||
16 | (A) 2% shall be transferred to the Drug Treatment | ||||||
17 | Fund to be used by the Department of Human Services | ||||||
18 | for: (i) developing and administering a scientifically | ||||||
19 | and medically accurate public education campaign | ||||||
20 | educating youth and adults about the health and safety | ||||||
21 | risks of alcohol, tobacco, illegal drug use (including | ||||||
22 | prescription drugs), and cannabis, including use by | ||||||
23 | pregnant women; and (ii) data collection and analysis | ||||||
24 | of the public health impacts of legalizing the | ||||||
25 | recreational use of cannabis. Expenditures for these | ||||||
26 | purposes shall be subject to appropriations. |
| |||||||
| |||||||
1 | (B) 8% shall be transferred to the Local | ||||||
2 | Government Distributive Fund and allocated as provided | ||||||
3 | in Section 2 of the State Revenue Sharing Act. The | ||||||
4 | moneys shall be used to fund crime prevention | ||||||
5 | programs, training, and interdiction efforts, | ||||||
6 | including detection, enforcement, and prevention | ||||||
7 | efforts, relating to the illegal cannabis market and | ||||||
8 | driving under the influence of cannabis. | ||||||
9 | (C) 25% shall be transferred to the Criminal | ||||||
10 | Justice Information Projects Fund to be used for the | ||||||
11 | purposes of the Restore, Reinvest, and Renew Program | ||||||
12 | to address economic development, violence prevention | ||||||
13 | services, re-entry services, youth development, and | ||||||
14 | civil legal aid, as defined by Section 15 of the Public | ||||||
15 | Interest Attorney Assistance Act. The Restore, | ||||||
16 | Reinvest, and Renew Program shall address these issues | ||||||
17 | through targeted investments and intervention programs | ||||||
18 | and promotion of an employment infrastructure and | ||||||
19 | capacity building related to the social determinants | ||||||
20 | of health in impacted community areas. Expenditures | ||||||
21 | for these purposes shall be subject to appropriations. | ||||||
22 | (D) 20% shall be transferred to the Department of | ||||||
23 | Human Services Community Services Fund, to be used to | ||||||
24 | address substance abuse and prevention and mental | ||||||
25 | health concerns, including treatment, education, and | ||||||
26 | prevention to address the negative impacts of |
| |||||||
| |||||||
1 | substance abuse and mental health issues, including | ||||||
2 | concentrated poverty, violence, and the historical | ||||||
3 | overuse of criminal justice responses in certain | ||||||
4 | communities, on the individual, family, and community, | ||||||
5 | including federal, State, and local governments, | ||||||
6 | health care institutions and providers, and | ||||||
7 | correctional facilities. Expenditures for these | ||||||
8 | purposes shall be subject to appropriations. | ||||||
9 | (E) 10% shall be transferred to the Budget | ||||||
10 | Stabilization Fund. | ||||||
11 | (F) 35%, or any remaining balance, shall be | ||||||
12 | transferred to the General Revenue Fund. | ||||||
13 | As soon as may be practical, but no later than 10 days | ||||||
14 | after receipt, by the State Comptroller of the transfer | ||||||
15 | certification provided for in this subsection (c) to be given | ||||||
16 | to the State Comptroller by the Department of Revenue, the | ||||||
17 | State Comptroller shall direct and the State Treasurer shall | ||||||
18 | transfer the respective amounts in accordance with the | ||||||
19 | directions contained in such certification. | ||||||
20 | (d) On July 1, 2019 the Department of Revenue shall | ||||||
21 | certify to the State Comptroller and the State Treasurer shall | ||||||
22 | transfer $5,000,000 from the Compassionate Use of Medical | ||||||
23 | Cannabis Fund to the Cannabis Regulation Fund. | ||||||
24 | (e) Notwithstanding any other law to the contrary and | ||||||
25 | except as otherwise provided in this Section, this Fund is not | ||||||
26 | subject to sweeps, administrative charge-backs, or any other |
| |||||||
| |||||||
1 | fiscal or budgetary maneuver that would in any way transfer | ||||||
2 | any amounts from this Fund into any other fund of the State. | ||||||
3 | (f) The Cannabis Regulation Fund shall retain a balance of | ||||||
4 | $1,000,000 for the purposes of administrative costs. | ||||||
5 | (g) In Fiscal Year 2024 the allocations in subsection (c) | ||||||
6 | of this Section shall be reviewed and adjusted if the General | ||||||
7 | Assembly finds there is a greater need for funding for a | ||||||
8 | specific purpose in the State as it relates to Public Act | ||||||
9 | 101-27 this amendatory Act of the 101st General Assembly .
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
| ||||||
11 | (30 ILCS 105/6z-113) | ||||||
12 | Sec. 6z-113 6z-107 . Illinois Property Tax Relief Fund; | ||||||
13 | creation. | ||||||
14 | (a) Beginning in State fiscal year 2021, the Illinois | ||||||
15 | Property Tax Relief Fund is hereby created as a special fund in | ||||||
16 | the State treasury. Moneys in the Fund shall be used by the | ||||||
17 | State Comptroller to pay rebates to residential property | ||||||
18 | taxpayers in the State as provided in this Section. The Fund | ||||||
19 | may accept moneys from any lawful source. | ||||||
20 | (b) Beginning in State fiscal year 2021, within 30 days | ||||||
21 | after the last day of the application period for general | ||||||
22 | homestead exemptions in the county, each chief county | ||||||
23 | assessment officer shall certify to the State Comptroller the | ||||||
24 | total number of general homestead exemptions granted for | ||||||
25 | homestead property in that county for the applicable property |
| |||||||
| |||||||
1 | tax year. As soon as possible after receiving certifications | ||||||
2 | from each county under this subsection, the State Comptroller | ||||||
3 | shall calculate a property tax rebate amount for the | ||||||
4 | applicable property tax year by dividing the total amount | ||||||
5 | appropriated from the Illinois Property Tax Relief Fund for | ||||||
6 | the purpose of making rebates under this Section by the total | ||||||
7 | number of homestead exemptions granted for homestead property | ||||||
8 | in the State. The county treasurer shall reduce each property | ||||||
9 | tax bill for homestead property by the property tax rebate | ||||||
10 | amount and shall include a separate line item on each property | ||||||
11 | tax bill stating the property tax rebate amount from the | ||||||
12 | Illinois Property Tax Relief Fund. Within 60 days after | ||||||
13 | calculating the property tax rebate amount, the State | ||||||
14 | Comptroller shall make distributions from the Illinois | ||||||
15 | Property Tax Relief Fund to each county. The amount allocated | ||||||
16 | to each county shall be the property tax rebate amount | ||||||
17 | multiplied by the number of general homestead exemptions | ||||||
18 | granted in the county for the applicable property tax year. | ||||||
19 | The county treasurer shall distribute each taxing district's | ||||||
20 | share of property tax collections and distributions from the | ||||||
21 | Illinois Property Tax Relief Fund to those taxing districts as | ||||||
22 | provided by law. | ||||||
23 | (c) As used in this Section: | ||||||
24 | "Applicable property tax year" means the tax year for | ||||||
25 | which a rebate was applied to property tax bills under this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | "General homestead exemption" means a general homestead | ||||||
2 | exemption that was granted for the property under Section | ||||||
3 | 15-175 of the Property Tax Code. | ||||||
4 | "Homestead property" means property that meets both of the | ||||||
5 | following criteria: (1) a general homestead exemption was | ||||||
6 | granted for the property; and (2) the property tax liability | ||||||
7 | for the property is current as of the date of the | ||||||
8 | certification.
| ||||||
9 | (Source: P.A. 101-77, eff. 7-12-19; revised 9-23-19.)
| ||||||
10 | (30 ILCS 105/8.25g) | ||||||
11 | Sec. 8.25g. The Civic and Transit Infrastructure Fund. The | ||||||
12 | Civic and Transit Infrastructure Fund is created as a special | ||||||
13 | fund in the State Treasury. Money in the Civic and Transit | ||||||
14 | Infrastructure Fund shall, when the State of Illinois incurs | ||||||
15 | infrastructure indebtedness pursuant to the public-private | ||||||
16 | public private partnership entered into by the public agency | ||||||
17 | on behalf of the State of Illinois with private entity | ||||||
18 | pursuant to the Public-Private Partnership for Civic and | ||||||
19 | Transit Infrastructure Project Act enacted in this amendatory | ||||||
20 | Act of the 101th General Assembly , be used for the purpose of | ||||||
21 | paying and discharging monthly the principal and interest on | ||||||
22 | that infrastructure indebtedness then due and payable | ||||||
23 | consistent with the term established in the public-private | ||||||
24 | public private agreement entered into by the public agency on | ||||||
25 | behalf of the State of Illinois. The public agency shall, |
| |||||||
| |||||||
1 | pursuant to its authority under the Public-Private Partnership | ||||||
2 | for Civic and Transit Infrastructure Project Act, annually | ||||||
3 | certify to the State Comptroller and the State Treasurer the | ||||||
4 | amount necessary and required, during the fiscal year with | ||||||
5 | respect to which the certification is made, to pay the amounts | ||||||
6 | due under the Public-Private Partnership for Civic and Transit | ||||||
7 | Infrastructure Project Act. On or before the last day of each | ||||||
8 | month, the State Comptroller and State Treasurer shall | ||||||
9 | transfer the moneys required to be deposited into the Fund | ||||||
10 | under Section 3 of the Retailers' Occupation Tax Act and the | ||||||
11 | Public-Private Partnership for Civic and Transit | ||||||
12 | Infrastructure Project Act and shall pay from that Fund the | ||||||
13 | required amount certified by the public agency, plus any | ||||||
14 | cumulative deficiency in such transfers and payments for prior | ||||||
15 | months, to the public agency for distribution pursuant to the | ||||||
16 | Public-Private Partnership for Civic and Transit | ||||||
17 | Infrastructure Project Act. Such transferred amount shall be | ||||||
18 | sufficient to pay all amounts due under the Public-Private | ||||||
19 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
20 | Provided that all amounts deposited in the Fund have been paid | ||||||
21 | accordingly under the Public-Private Partnership for Civic and | ||||||
22 | Transit Infrastructure Project Act, all amounts remaining in | ||||||
23 | the Civic and Transit Infrastructure Fund shall be held in | ||||||
24 | that Fund for other subsequent payments required under the | ||||||
25 | Public-Private Partnership for Civic and Transit | ||||||
26 | Infrastructure Project Act. In the event the State fails to |
| |||||||
| |||||||
1 | pay the amount necessary and required under the Public-Private | ||||||
2 | Partnership for Civic and Transit Infrastructure Project Act | ||||||
3 | for any reason during the fiscal year with respect to which the | ||||||
4 | certification is made or if the State takes any steps that | ||||||
5 | result in an impact to the irrevocable, first priority pledge | ||||||
6 | of and lien on moneys on deposit in the Civic and Transit | ||||||
7 | Infrastructure Fund, the public agency shall certify such | ||||||
8 | delinquent amounts to the State Comptroller and the State | ||||||
9 | Treasurer and the State Comptroller and the State Treasurer | ||||||
10 | shall take all steps required to intercept the tax revenues | ||||||
11 | collected from within the boundary of the civic transit | ||||||
12 | infrastructure project pursuant to Section 3 of the Retailers' | ||||||
13 | Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of | ||||||
14 | the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
15 | Tax Act, Section 4.03 of the Regional Transportation Authority | ||||||
16 | Act , and Section 6 of the Hotel Operators' Occupation Tax Act, | ||||||
17 | and shall pay such amounts to the Fund for distribution by the | ||||||
18 | public agency for the time period time-period required to | ||||||
19 | ensure that the State's distribution requirements under the | ||||||
20 | Public-Private Partnership for Civic and Transit | ||||||
21 | Infrastructure Project Act are fully met. | ||||||
22 | As used in the Section, "private entity", " public-private | ||||||
23 | private public agreement", and "public agency" have meanings | ||||||
24 | provided in Section 25-10 of the Public-Private Partnership | ||||||
25 | for Civic and Transit Infrastructure Project Act.
| ||||||
26 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/8g) | ||||||
2 | Sec. 8g. Fund transfers. | ||||||
3 | (a) (Blank). | ||||||
4 | (b) (Blank). | ||||||
5 | (c) In addition to any other transfers that may be | ||||||
6 | provided for by law,
on August 30 of each fiscal year's license | ||||||
7 | period, the Illinois Liquor Control
Commission shall direct | ||||||
8 | and the State Comptroller and State Treasurer shall
transfer | ||||||
9 | from the General Revenue Fund to the Youth Alcoholism and | ||||||
10 | Substance
Abuse Prevention Fund an amount equal to the number | ||||||
11 | of retail liquor licenses
issued for that fiscal year | ||||||
12 | multiplied by $50. | ||||||
13 | (d) The payments to programs required under subsection (d) | ||||||
14 | of Section 28.1
of the Illinois Horse Racing Act of 1975 shall | ||||||
15 | be made, pursuant to appropriation, from
the special funds | ||||||
16 | referred to in the statutes cited in that subsection, rather
| ||||||
17 | than directly from the General Revenue Fund. | ||||||
18 | Beginning January 1, 2000, on the first day of each month, | ||||||
19 | or as soon
as may be practical thereafter, the State | ||||||
20 | Comptroller shall direct and the
State Treasurer shall | ||||||
21 | transfer from the General Revenue Fund to each of the
special | ||||||
22 | funds from which payments are to be made under subsection (d) | ||||||
23 | of Section 28.1 of the Illinois
Horse Racing Act of 1975 an | ||||||
24 | amount equal to 1/12 of the annual amount required
for those | ||||||
25 | payments from that special fund, which annual amount shall not |
| |||||||
| |||||||
1 | exceed
the annual amount for those payments from that special | ||||||
2 | fund for the calendar
year 1998. The special funds to which | ||||||
3 | transfers shall be made under this
subsection (d) include, but | ||||||
4 | are not necessarily limited to, the Agricultural
Premium Fund; | ||||||
5 | the Metropolitan Exposition, Auditorium and Office Building | ||||||
6 | Fund;
the Fair and Exposition Fund; the Illinois Standardbred | ||||||
7 | Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and | ||||||
8 | the Illinois Veterans' Rehabilitation Fund. Except for | ||||||
9 | transfers attributable to prior fiscal years, during State | ||||||
10 | fiscal year 2020 only, no transfers shall be made from the | ||||||
11 | General Revenue Fund to the Agricultural Premium Fund, the | ||||||
12 | Fair and Exposition Fund, the Illinois Standardbred Breeders | ||||||
13 | Fund, or the Illinois Thoroughbred Breeders Fund. | ||||||
14 | (e) (Blank). | ||||||
15 | (f) (Blank). | ||||||
16 | (f-1) (Blank). | ||||||
17 | (g) (Blank). | ||||||
18 | (h) (Blank). | ||||||
19 | (i) (Blank). | ||||||
20 | (i-1) (Blank). | ||||||
21 | (j) (Blank). | ||||||
22 | ...... | ||||||
23 | (k) (Blank). | ||||||
24 | (k-1) (Blank). | ||||||
25 | (k-2) (Blank). | ||||||
26 | (k-3) (Blank). |
| |||||||
| |||||||
1 | (l) (Blank). | ||||||
2 | (m) (Blank). | ||||||
3 | (n) (Blank). | ||||||
4 | (o) (Blank). | ||||||
5 | (p) (Blank). | ||||||
6 | (q) (Blank). | ||||||
7 | (r) (Blank). | ||||||
8 | (s) (Blank). | ||||||
9 | (t) (Blank). | ||||||
10 | (u) (Blank). | ||||||
11 | (v) (Blank). | ||||||
12 | (w) (Blank). | ||||||
13 | (x) (Blank). | ||||||
14 | (y) (Blank). | ||||||
15 | (z) (Blank). | ||||||
16 | (aa) (Blank). | ||||||
17 | (bb) (Blank). | ||||||
18 | (cc) (Blank). | ||||||
19 | (dd) (Blank). | ||||||
20 | (ee) (Blank). | ||||||
21 | (ff) (Blank). | ||||||
22 | (gg) (Blank). | ||||||
23 | (hh) (Blank). | ||||||
24 | (ii) (Blank). | ||||||
25 | (jj) (Blank). | ||||||
26 | (kk) (Blank). |
| |||||||
| |||||||
1 | (ll) (Blank). | ||||||
2 | (mm) (Blank). | ||||||
3 | (nn) (Blank). | ||||||
4 | (oo) (Blank). | ||||||
5 | (pp) (Blank). | ||||||
6 | (qq) (Blank). | ||||||
7 | (rr) (Blank). | ||||||
8 | (ss) (Blank). | ||||||
9 | (tt) (Blank). | ||||||
10 | (uu) (Blank). | ||||||
11 | (vv) (Blank). | ||||||
12 | (ww) (Blank). | ||||||
13 | (xx) (Blank). | ||||||
14 | (yy) (Blank). | ||||||
15 | (zz) (Blank). | ||||||
16 | (aaa) (Blank). | ||||||
17 | (bbb) (Blank). | ||||||
18 | (ccc) (Blank). | ||||||
19 | (ddd) (Blank). | ||||||
20 | (eee) (Blank). | ||||||
21 | (fff) (Blank). | ||||||
22 | (ggg) (Blank). | ||||||
23 | (hhh) (Blank). | ||||||
24 | (iii) (Blank). | ||||||
25 | (jjj) (Blank). | ||||||
26 | (lll) (Blank). |
| |||||||
| |||||||
1 | (mmm) (Blank). | ||||||
2 | (nnn) (Blank). | ||||||
3 | (ooo) (Blank). | ||||||
4 | (ppp) (Blank). | ||||||
5 | (qqq) (Blank). | ||||||
6 | (rrr) (Blank). | ||||||
7 | (sss) (Blank). | ||||||
8 | (ttt) (Blank). | ||||||
9 | (uuu) (Blank). | ||||||
10 | (vvv) (Blank). | ||||||
11 | (www) (Blank). | ||||||
12 | (xxx) (Blank). | ||||||
13 | (yyy) (Blank). | ||||||
14 | (zzz) (Blank). | ||||||
15 | (aaaa) (Blank). | ||||||
16 | (bbbb) (Blank). | ||||||
17 | (cccc) (Blank). | ||||||
18 | (dddd) (Blank). | ||||||
19 | (eeee) (Blank). | ||||||
20 | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | ||||||
21 | 100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
| ||||||
22 | (30 ILCS 105/9.02) (from Ch. 127, par. 145c)
| ||||||
23 | Sec. 9.02. Vouchers; signature; delegation; electronic | ||||||
24 | submission.
| ||||||
25 | (a)(1) Any new contract or contract renewal in the amount |
| |||||||
| |||||||
1 | of $250,000 or
more in a fiscal year, or any order against a | ||||||
2 | master contract in the amount of
$250,000 or more in a fiscal | ||||||
3 | year, or any contract amendment or change to an
existing | ||||||
4 | contract that increases the value of the contract to or by | ||||||
5 | $250,000 or
more in a fiscal year, shall be signed or approved | ||||||
6 | in writing by the chief
executive officer of the agency or his | ||||||
7 | or her designee, and shall also be signed or approved in
| ||||||
8 | writing by
the agency's chief legal counsel or his or her | ||||||
9 | designee and chief fiscal
officer or his or her designee. If | ||||||
10 | the agency does not have a chief legal counsel or a chief | ||||||
11 | fiscal
officer, the chief
executive officer of the agency | ||||||
12 | shall designate in writing a senior executive
as the | ||||||
13 | individual responsible for signature or approval.
| ||||||
14 | (2) No document identified in paragraph (1) may be filed | ||||||
15 | with the
Comptroller, nor may any authorization for payment | ||||||
16 | pursuant to such documents
be filed with the Comptroller, if | ||||||
17 | the required signatures or approvals are
lacking.
| ||||||
18 | (3) Any person who, with knowledge the signatures or | ||||||
19 | approvals required in
paragraph (1) are lacking, either files | ||||||
20 | or directs another to file documents
or
payment authorizations | ||||||
21 | in violation of paragraph (2) shall be subject to
discipline | ||||||
22 | up to and including discharge.
| ||||||
23 | (4) Procurements shall not be artificially divided so as | ||||||
24 | to avoid the
necessity of complying with paragraph (1).
| ||||||
25 | (5) Each State agency shall develop and implement | ||||||
26 | procedures to ensure the
necessary signatures or approvals are |
| |||||||
| |||||||
1 | obtained. Each State agency may
establish, maintain and follow | ||||||
2 | procedures that are more restrictive than
those required | ||||||
3 | herein.
| ||||||
4 | (6) This subsection (a) applies to all State agencies as | ||||||
5 | defined in Section
1-7 of the Illinois State Auditing
Act, | ||||||
6 | which includes without limitation the General
Assembly and its
| ||||||
7 | agencies. For purposes of this subsection (a), in the case of | ||||||
8 | the General
Assembly,
the "chief executive officer of the | ||||||
9 | agency" means (i) the Senate
Operations
Commission for Senate | ||||||
10 | general operations as provided in Section 4 of the
General | ||||||
11 | Assembly
Operations Act, (ii) the Speaker of the House of | ||||||
12 | Representatives for House
general operations as
provided in | ||||||
13 | Section 5 of the General Assembly Operations Act, (iii) the | ||||||
14 | Speaker
of the House for majority leadership staff and | ||||||
15 | operations, (iv) the Minority
Leader of the House for minority | ||||||
16 | leadership staff and operations, (v) the
President of the | ||||||
17 | Senate for majority leadership staff and operations, (vi) the
| ||||||
18 | Minority Leader of the Senate for minority staff and | ||||||
19 | operations, and (vii) the
Joint
Committee on Legislative | ||||||
20 | Support Services for the legislative support services
agencies | ||||||
21 | as provided in the Legislative Commission Reorganization Act | ||||||
22 | of
1984. For purposes of this subsection (a), in the case of | ||||||
23 | agencies, the "chief executive officer of the agency" means | ||||||
24 | the head of the agency.
| ||||||
25 | (b)(1) Every voucher or corresponding balancing report, as | ||||||
26 | submitted by the agency or office in
which
it originates, |
| |||||||
| |||||||
1 | shall bear (i) the signature of the officer
responsible for
| ||||||
2 | approving and certifying vouchers under this Act and (ii) if
| ||||||
3 | authority to
sign the responsible officer's name has been | ||||||
4 | properly delegated, also the
signature of the person actually | ||||||
5 | signing the voucher.
| ||||||
6 | (2) When an officer delegates authority to approve and | ||||||
7 | certify
vouchers,
he shall send a copy of such authorization | ||||||
8 | containing the signature of the
person to whom delegation is | ||||||
9 | made to each office that checks or approves
such vouchers and | ||||||
10 | to the State Comptroller. Such delegation may be general
or | ||||||
11 | limited. If the delegation is limited, the authorization shall | ||||||
12 | designate
the particular types of vouchers that the person is | ||||||
13 | authorized to approve
and certify.
| ||||||
14 | (3) When any delegation of authority hereunder is revoked, | ||||||
15 | a copy of the
revocation of authority shall be sent to the | ||||||
16 | Comptroller and to each office
to which a copy of the | ||||||
17 | authorization was sent.
| ||||||
18 | The Comptroller may require State agencies to maintain | ||||||
19 | signature
documents and records of delegations of voucher | ||||||
20 | signature authority and
revocations of those delegations, | ||||||
21 | instead of transmitting those documents to
the Comptroller. | ||||||
22 | The Comptroller may inspect such documents and records at any
| ||||||
23 | time.
| ||||||
24 | (c) The Comptroller may authorize the submission of | ||||||
25 | vouchers through
electronic transmissions, on magnetic tape, | ||||||
26 | or otherwise.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-34, eff. 6-28-19; 101-359, eff. 8-9-19; | ||||||
2 | revised 9-12-19.)
| ||||||
3 | (30 ILCS 105/10) (from Ch. 127, par. 146)
| ||||||
4 | Sec. 10.
When an appropriation has been
made by the | ||||||
5 | General Assembly for the ordinary and contingent expenses of
| ||||||
6 | the operation, maintenance , and administration of the several | ||||||
7 | offices,
departments, institutions, boards, commissions , and | ||||||
8 | agencies of the State
government, the State Comptroller shall | ||||||
9 | draw his warrant on the State
Treasurer for the payment of the | ||||||
10 | same upon the presentation of itemized
vouchers , issued, | ||||||
11 | certified, and approved for , as follows: For appropriations | ||||||
12 | to :
| ||||||
13 | (1) Elective State officers in the executive | ||||||
14 | Department, to be
certified and approved by such officers, | ||||||
15 | respectively;
| ||||||
16 | (2) The Supreme Court, to be certified and approved by | ||||||
17 | the Chief
Justice thereof;
| ||||||
18 | (3) Appellate Court, to be certified and approved by | ||||||
19 | the Chief
Justice of each judicial district;
| ||||||
20 | (4) The State Senate, to be certified and approved by | ||||||
21 | the President;
| ||||||
22 | (5) The House of Representatives, to be certified and | ||||||
23 | approved by
the Speaker;
| ||||||
24 | (6) The Auditor General, to be certified and approved | ||||||
25 | by the Auditor
General;
|
| |||||||
| |||||||
1 | (7) Clerks of courts, to be certified and approved by | ||||||
2 | the clerk
incurring expenditures;
| ||||||
3 | (8) The departments under the Civil Administrative | ||||||
4 | Code, to be
certified and approved by the Director or | ||||||
5 | Secretary of the Department;
| ||||||
6 | (9) The University of Illinois, to be certified by the | ||||||
7 | president of the University;
| ||||||
8 | (10) The State Universities Retirement System, to be | ||||||
9 | certified to by
the President and Secretary of the Board | ||||||
10 | of Trustees of the System;
| ||||||
11 | (11) Illinois State University, to be certified to by | ||||||
12 | the president of that
University;
| ||||||
13 | (12) Northern Illinois University, to be certified to
| ||||||
14 | by the president of that University;
| ||||||
15 | (12a) Chicago State University, certified to by
the | ||||||
16 | president
of that University;
| ||||||
17 | (12b) Eastern Illinois University, certified to
by
the | ||||||
18 | president
of that University;
| ||||||
19 | (12c) Governors State University, certified to
by
the | ||||||
20 | president
of that University;
| ||||||
21 | (12d) Northeastern Illinois University,
certified to | ||||||
22 | by
the president
of that University;
| ||||||
23 | (12e) Western Illinois University, certified to
by
the | ||||||
24 | president
of that University;
| ||||||
25 | (13) Southern Illinois University, to be certified to | ||||||
26 | by the
President of the University;
|
| |||||||
| |||||||
1 | (14) The Adjutant General, to be certified and | ||||||
2 | approved by the Adjutant
General;
| ||||||
3 | (15) The Illinois Legislative Investigating | ||||||
4 | Commission, to be certified
and approved by its Chairman, | ||||||
5 | or when it is organized with Co-Chairmen,
by either of its | ||||||
6 | Co-Chairmen;
| ||||||
7 | (16) All other officers, boards, commissions , and | ||||||
8 | agencies of the
State government, certified and approved | ||||||
9 | by such officer or by
the president or chairman and | ||||||
10 | secretary or by the executive officer of such
board, | ||||||
11 | commission , or agency;
| ||||||
12 | (17) Individuals, to be certified by such individuals;
| ||||||
13 | (18) The farmers' institute, agricultural, livestock, | ||||||
14 | poultry,
scientific, benevolent, and other private | ||||||
15 | associations, or corporations
of whatsoever nature, to be | ||||||
16 | certified and approved by the president
and secretary of | ||||||
17 | such society.
| ||||||
18 | Nothing contained in this Section shall be construed to | ||||||
19 | amend or
modify the " Personnel Code " .
| ||||||
20 | This Section is subject to Section 9.02.
| ||||||
21 | (Source: P.A. 98-788, eff. 7-25-14; revised 8-18-20.)
| ||||||
22 | Section 180. The Public Use Trust Act is amended by | ||||||
23 | changing Section 2 as follows:
| ||||||
24 | (30 ILCS 160/2) (from Ch. 127, par. 4002)
|
| |||||||
| |||||||
1 | Sec. 2.
(a) The Department of Agriculture, the Department | ||||||
2 | of Natural
Resources, and the Abraham Lincoln Presidential | ||||||
3 | Library and Museum have the
power to enter into a trust | ||||||
4 | agreement with a person or group of persons under
which the | ||||||
5 | State agency may receive or collect money or other property | ||||||
6 | from the
person or group of persons and may expend such money | ||||||
7 | or property solely for a
public purpose within the powers and | ||||||
8 | duties of that State agency and stated in
the trust agreement. | ||||||
9 | The State agency shall be the trustee under any such
trust | ||||||
10 | agreement.
| ||||||
11 | (b) Money or property received under a trust agreement | ||||||
12 | shall not be
deposited in the State treasury and is not subject | ||||||
13 | to appropriation by the
General Assembly, but shall be held | ||||||
14 | and invested by the trustee separate
and apart from the State | ||||||
15 | treasury. The trustee shall invest money or
property received | ||||||
16 | under a trust agreement as provided for trustees under
the | ||||||
17 | Illinois Trust Code or as otherwise provided in the trust | ||||||
18 | agreement.
| ||||||
19 | (c) The trustee shall maintain detailed records of all | ||||||
20 | receipts and
disbursements in the same manner as required for | ||||||
21 | trustees under the Illinois Trust Code. The trustee shall | ||||||
22 | provide an annual accounting of all
receipts, disbursements, | ||||||
23 | and inventory to all donors to the trust and the
Auditor | ||||||
24 | General. The annual accounting shall be made available to any
| ||||||
25 | member of the public upon request.
| ||||||
26 | (Source: P.A. 100-695, eff. 8-3-18; 101-48, eff. 1-1-20; |
| |||||||
| |||||||
1 | 101-636, eff. 6-10-20; revised 7-28-20.)
| ||||||
2 | Section 185. The General Obligation Bond Act is amended by | ||||||
3 | changing Section 19 as follows:
| ||||||
4 | (30 ILCS 330/19) (from Ch. 127, par. 669)
| ||||||
5 | Sec. 19. Investment of money not needed for current
| ||||||
6 | expenditures; application of earnings Money Not Needed for | ||||||
7 | Current
Expenditures - Application of Earnings .
| ||||||
8 | (a) The State Treasurer may, with the Governor's approval, | ||||||
9 | invest and
reinvest any money from the Capital Development | ||||||
10 | Fund, the Transportation
Bond, Series A Fund, the | ||||||
11 | Transportation Bond, Series B Fund, the Multi-modal | ||||||
12 | Transportation Bond Fund, the School
Construction Fund, the | ||||||
13 | Anti-Pollution Fund, the Coal Development Fund and
the General | ||||||
14 | Obligation Bond Retirement and Interest Fund, in the State
| ||||||
15 | Treasury, which is not needed for current expenditures due or | ||||||
16 | about to
become due from these funds.
| ||||||
17 | (b) Monies received from the sale or redemption of | ||||||
18 | investments from the
Transportation Bond, Series A Fund and | ||||||
19 | the Multi-modal Transportation Bond Fund shall be deposited by | ||||||
20 | the State
Treasurer in the Road Fund.
| ||||||
21 | Monies received from the sale or redemption of investments | ||||||
22 | from the
Capital Development Fund, the Transportation Bond, | ||||||
23 | Series B Fund, the School
Construction Fund, the | ||||||
24 | Anti-Pollution Fund, and the Coal Development Fund
shall be |
| |||||||
| |||||||
1 | deposited by the State Treasurer in the General Revenue Fund.
| ||||||
2 | Monies from the sale or redemption of investments from the | ||||||
3 | General
Obligation Bond Retirement and Interest Fund shall be | ||||||
4 | deposited in the
General Obligation Bond Retirement and | ||||||
5 | Interest Fund.
| ||||||
6 | (c) Monies from the Capital Development Fund, the | ||||||
7 | Transportation Bond,
Series A Fund, the Transportation Bond, | ||||||
8 | Series B Fund, the Multi-modal Transportation Bond Fund, the | ||||||
9 | School
Construction Fund, the Anti-Pollution Fund, and the | ||||||
10 | Coal Development Fund
may be invested as permitted in the | ||||||
11 | Deposit of State Moneys Act "AN ACT in relation to State | ||||||
12 | moneys",
approved June 28, 1919, as amended and in the Public | ||||||
13 | Funds Investment Act "AN ACT relating to certain
investments | ||||||
14 | of public funds by public agencies", approved July 23, 1943, | ||||||
15 | as
amended . Monies from the General Obligation Bond Retirement | ||||||
16 | and Interest
Fund may be invested in securities constituting | ||||||
17 | direct obligations of the
United States Government, or | ||||||
18 | obligations, the principal of and interest on which
are | ||||||
19 | guaranteed by the United States Government, or certificates of | ||||||
20 | deposit
of any state or national bank or savings and loan | ||||||
21 | association.
For amounts not insured by the Federal Deposit | ||||||
22 | Insurance Corporation or
the Federal Savings and Loan | ||||||
23 | Insurance Corporation, as security the State
Treasurer shall | ||||||
24 | accept securities constituting direct obligations of the
| ||||||
25 | United States Government, or obligations, the principal of and | ||||||
26 | interest on
which are guaranteed by the United States |
| |||||||
| |||||||
1 | Government.
| ||||||
2 | (d) Accrued interest paid to the State at the time of the | ||||||
3 | delivery of
the Bonds shall be deposited into the General | ||||||
4 | Obligation Bond Retirement and Interest
Fund in the State | ||||||
5 | Treasury.
| ||||||
6 | (Source: P.A. 101-30, eff. 6-28-19; revised 8-13-19.)
| ||||||
7 | Section 190. The Illinois Procurement Code is amended by | ||||||
8 | changing Sections 1-10 and 45-35 and by setting forth, | ||||||
9 | renumbering, and changing multiple versions of Section 1-35 as | ||||||
10 | follows:
| ||||||
11 | (30 ILCS 500/1-10)
| ||||||
12 | Sec. 1-10. Application.
| ||||||
13 | (a) This Code applies only to procurements for which | ||||||
14 | bidders, offerors, potential contractors, or contractors were | ||||||
15 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
16 | be construed to affect
or impair any contract, or any | ||||||
17 | provision of a contract, entered into based on a
solicitation | ||||||
18 | prior to the implementation date of this Code as described in
| ||||||
19 | Article 99, including , but not limited to , any covenant | ||||||
20 | entered into with respect
to any revenue bonds or similar | ||||||
21 | instruments.
All procurements for which contracts are | ||||||
22 | solicited between the effective date
of Articles 50 and 99 and | ||||||
23 | July 1, 1998 shall be substantially in accordance
with this | ||||||
24 | Code and its intent.
|
| |||||||
| |||||||
1 | (b) This Code shall apply regardless of the source of the | ||||||
2 | funds with which
the contracts are paid, including federal | ||||||
3 | assistance moneys. This
Code shall
not apply to:
| ||||||
4 | (1) Contracts between the State and its political | ||||||
5 | subdivisions or other
governments, or between State | ||||||
6 | governmental bodies, except as specifically provided in | ||||||
7 | this Code.
| ||||||
8 | (2) Grants, except for the filing requirements of | ||||||
9 | Section 20-80.
| ||||||
10 | (3) Purchase of care, except as provided in Section | ||||||
11 | 5-30.6 of the Illinois Public Aid
Code and this Section.
| ||||||
12 | (4) Hiring of an individual as employee and not as an | ||||||
13 | independent
contractor, whether pursuant to an employment | ||||||
14 | code or policy or by contract
directly with that | ||||||
15 | individual.
| ||||||
16 | (5) Collective bargaining contracts.
| ||||||
17 | (6) Purchase of real estate, except that notice of | ||||||
18 | this type of contract with a value of more than $25,000 | ||||||
19 | must be published in the Procurement Bulletin within 10 | ||||||
20 | calendar days after the deed is recorded in the county of | ||||||
21 | jurisdiction. The notice shall identify the real estate | ||||||
22 | purchased, the names of all parties to the contract, the | ||||||
23 | value of the contract, and the effective date of the | ||||||
24 | contract.
| ||||||
25 | (7) Contracts necessary to prepare for anticipated | ||||||
26 | litigation, enforcement
actions, or investigations, |
| |||||||
| |||||||
1 | provided
that the chief legal counsel to the Governor | ||||||
2 | shall give his or her prior
approval when the procuring | ||||||
3 | agency is one subject to the jurisdiction of the
Governor, | ||||||
4 | and provided that the chief legal counsel of any other | ||||||
5 | procuring
entity
subject to this Code shall give his or | ||||||
6 | her prior approval when the procuring
entity is not one | ||||||
7 | subject to the jurisdiction of the Governor.
| ||||||
8 | (8) (Blank).
| ||||||
9 | (9) Procurement expenditures by the Illinois | ||||||
10 | Conservation Foundation
when only private funds are used.
| ||||||
11 | (10) (Blank). | ||||||
12 | (11) Public-private agreements entered into according | ||||||
13 | to the procurement requirements of Section 20 of the | ||||||
14 | Public-Private Partnerships for Transportation Act and | ||||||
15 | design-build agreements entered into according to the | ||||||
16 | procurement requirements of Section 25 of the | ||||||
17 | Public-Private Partnerships for Transportation Act. | ||||||
18 | (12) Contracts for legal, financial, and other | ||||||
19 | professional and artistic services entered into on or | ||||||
20 | before December 31, 2018 by the Illinois Finance Authority | ||||||
21 | in which the State of Illinois is not obligated. Such | ||||||
22 | contracts shall be awarded through a competitive process | ||||||
23 | authorized by the Board of the Illinois Finance Authority | ||||||
24 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
25 | 50-35, and 50-37 of this Code, as well as the final | ||||||
26 | approval by the Board of the Illinois Finance Authority of |
| |||||||
| |||||||
1 | the terms of the contract. | ||||||
2 | (13) Contracts for services, commodities, and | ||||||
3 | equipment to support the delivery of timely forensic | ||||||
4 | science services in consultation with and subject to the | ||||||
5 | approval of the Chief Procurement Officer as provided in | ||||||
6 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
7 | Corrections, except for the requirements of Sections | ||||||
8 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
9 | Code; however, the Chief Procurement Officer may, in | ||||||
10 | writing with justification, waive any certification | ||||||
11 | required under Article 50 of this Code. For any contracts | ||||||
12 | for services which are currently provided by members of a | ||||||
13 | collective bargaining agreement, the applicable terms of | ||||||
14 | the collective bargaining agreement concerning | ||||||
15 | subcontracting shall be followed. | ||||||
16 | On and after January 1, 2019, this paragraph (13), | ||||||
17 | except for this sentence, is inoperative. | ||||||
18 | (14) Contracts for participation expenditures required | ||||||
19 | by a domestic or international trade show or exhibition of | ||||||
20 | an exhibitor, member, or sponsor. | ||||||
21 | (15) Contracts with a railroad or utility that | ||||||
22 | requires the State to reimburse the railroad or utilities | ||||||
23 | for the relocation of utilities for construction or other | ||||||
24 | public purpose. Contracts included within this paragraph | ||||||
25 | (15) shall include, but not be limited to, those | ||||||
26 | associated with: relocations, crossings, installations, |
| |||||||
| |||||||
1 | and maintenance. For the purposes of this paragraph (15), | ||||||
2 | "railroad" means any form of non-highway ground | ||||||
3 | transportation that runs on rails or electromagnetic | ||||||
4 | guideways and "utility" means: (1) public utilities as | ||||||
5 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
6 | telecommunications carriers as defined in Section 13-202 | ||||||
7 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
8 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
9 | telephone or telecommunications cooperatives as defined in | ||||||
10 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
11 | water or waste water systems with 10,000 connections or | ||||||
12 | less, (6) a holder as defined in Section 21-201 of the | ||||||
13 | Public Utilities Act, and (7) municipalities owning or | ||||||
14 | operating utility systems consisting of public utilities | ||||||
15 | as that term is defined in Section 11-117-2 of the | ||||||
16 | Illinois Municipal Code. | ||||||
17 | (16) Procurement expenditures necessary for the | ||||||
18 | Department of Public Health to provide the delivery of | ||||||
19 | timely newborn screening services in accordance with the | ||||||
20 | Newborn Metabolic Screening Act. | ||||||
21 | (17) Procurement expenditures necessary for the | ||||||
22 | Department of Agriculture, the Department of Financial and | ||||||
23 | Professional Regulation, the Department of Human Services, | ||||||
24 | and the Department of Public Health to implement the | ||||||
25 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
26 | Alternative Pilot Program requirements and ensure access |
| |||||||
| |||||||
1 | to medical cannabis for patients with debilitating medical | ||||||
2 | conditions in accordance with the Compassionate Use of | ||||||
3 | Medical Cannabis Program Act. | ||||||
4 | (18) This Code does not apply to any procurements | ||||||
5 | necessary for the Department of Agriculture, the | ||||||
6 | Department of Financial and Professional Regulation, the | ||||||
7 | Department of Human Services, the Department of Commerce | ||||||
8 | and Economic Opportunity, and the Department of Public | ||||||
9 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
10 | the applicable agency has made a good faith determination | ||||||
11 | that it is necessary and appropriate for the expenditure | ||||||
12 | to fall within this exemption and if the process is | ||||||
13 | conducted in a manner substantially in accordance with the | ||||||
14 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
15 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
16 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
17 | Section 50-35, compliance applies only to contracts or | ||||||
18 | subcontracts over $100,000. Notice of each contract | ||||||
19 | entered into under this paragraph (18) that is related to | ||||||
20 | the procurement of goods and services identified in | ||||||
21 | paragraph (1) through (9) of this subsection shall be | ||||||
22 | published in the Procurement Bulletin within 14 calendar | ||||||
23 | days after contract execution. The Chief Procurement | ||||||
24 | Officer shall prescribe the form and content of the | ||||||
25 | notice. Each agency shall provide the Chief Procurement | ||||||
26 | Officer, on a monthly basis, in the form and content |
| |||||||
| |||||||
1 | prescribed by the Chief Procurement Officer, a report of | ||||||
2 | contracts that are related to the procurement of goods and | ||||||
3 | services identified in this subsection. At a minimum, this | ||||||
4 | report shall include the name of the contractor, a | ||||||
5 | description of the supply or service provided, the total | ||||||
6 | amount of the contract, the term of the contract, and the | ||||||
7 | exception to this Code utilized. A copy of any or all of | ||||||
8 | these contracts shall be made available to the Chief | ||||||
9 | Procurement Officer immediately upon request. The Chief | ||||||
10 | Procurement Officer shall submit a report to the Governor | ||||||
11 | and General Assembly no later than November 1 of each year | ||||||
12 | that includes, at a minimum, an annual summary of the | ||||||
13 | monthly information reported to the Chief Procurement | ||||||
14 | Officer. This exemption becomes inoperative 5 years after | ||||||
15 | June 25, 2019 ( the effective date of Public Act 101-27) | ||||||
16 | this amendatory Act of the 101st General Assembly . | ||||||
17 | Notwithstanding any other provision of law, for contracts | ||||||
18 | entered into on or after October 1, 2017 under an exemption | ||||||
19 | provided in any paragraph of this subsection (b), except | ||||||
20 | paragraph (1), (2), or (5), each State agency shall post to the | ||||||
21 | appropriate procurement bulletin the name of the contractor, a | ||||||
22 | description of the supply or service provided, the total | ||||||
23 | amount of the contract, the term of the contract, and the | ||||||
24 | exception to the Code utilized. The chief procurement officer | ||||||
25 | shall submit a report to the Governor and General Assembly no | ||||||
26 | later than November 1 of each year that shall include, at a |
| |||||||
| |||||||
1 | minimum, an annual summary of the monthly information reported | ||||||
2 | to the chief procurement officer. | ||||||
3 | (c) This Code does not apply to the electric power | ||||||
4 | procurement process provided for under Section 1-75 of the | ||||||
5 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
6 | Utilities Act. | ||||||
7 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
8 | and as expressly required by Section 9.1 of the Illinois | ||||||
9 | Lottery Law, the provisions of this Code do not apply to the | ||||||
10 | procurement process provided for under Section 9.1 of the | ||||||
11 | Illinois Lottery Law. | ||||||
12 | (e) This Code does not apply to the process used by the | ||||||
13 | Capital Development Board to retain a person or entity to | ||||||
14 | assist the Capital Development Board with its duties related | ||||||
15 | to the determination of costs of a clean coal SNG brownfield | ||||||
16 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
17 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
18 | of the Public Utilities Act, including calculating the range | ||||||
19 | of capital costs, the range of operating and maintenance | ||||||
20 | costs, or the sequestration costs or monitoring the | ||||||
21 | construction of clean coal SNG brownfield facility for the | ||||||
22 | full duration of construction. | ||||||
23 | (f) (Blank). | ||||||
24 | (g) (Blank). | ||||||
25 | (h) This Code does not apply to the process to procure or | ||||||
26 | contracts entered into in accordance with Sections 11-5.2 and |
| |||||||
| |||||||
1 | 11-5.3 of the Illinois Public Aid Code. | ||||||
2 | (i) Each chief procurement officer may access records | ||||||
3 | necessary to review whether a contract, purchase, or other | ||||||
4 | expenditure is or is not subject to the provisions of this | ||||||
5 | Code, unless such records would be subject to attorney-client | ||||||
6 | privilege. | ||||||
7 | (j) This Code does not apply to the process used by the | ||||||
8 | Capital Development Board to retain an artist or work or works | ||||||
9 | of art as required in Section 14 of the Capital Development | ||||||
10 | Board Act. | ||||||
11 | (k) This Code does not apply to the process to procure | ||||||
12 | contracts, or contracts entered into, by the State Board of | ||||||
13 | Elections or the State Electoral Board for hearing officers | ||||||
14 | appointed pursuant to the Election Code. | ||||||
15 | (l) This Code does not apply to the processes used by the | ||||||
16 | Illinois Student Assistance Commission to procure supplies and | ||||||
17 | services paid for from the private funds of the Illinois | ||||||
18 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
19 | funds" means funds derived from deposits paid into the | ||||||
20 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
21 | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | ||||||
22 | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | ||||||
23 | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | ||||||
24 | 9-17-19.)
| ||||||
25 | (30 ILCS 500/1-35) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on July 17, 2021) | ||||||
2 | Sec. 1-35. Application to Quincy Veterans' Home. This | ||||||
3 | Code does not apply to any procurements related to the | ||||||
4 | renovation, restoration, rehabilitation, or rebuilding of the | ||||||
5 | Quincy Veterans' Home under the Quincy Veterans' Home | ||||||
6 | Rehabilitation and Rebuilding Act, provided that the process | ||||||
7 | shall be conducted in a manner substantially in accordance | ||||||
8 | with the requirements of the following Sections of this the | ||||||
9 | Illinois Procurement Code: 20-160, 25-60, 30-22, 50-5, 50-10, | ||||||
10 | 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, | ||||||
11 | 50-37, 50-38, and 50-50; however, for Section 50-35, | ||||||
12 | compliance shall apply only to contracts or subcontracts over | ||||||
13 | $100,000. | ||||||
14 | This Section is repealed 3 years after becoming law.
| ||||||
15 | (Source: P.A. 100-610, eff. 7-17-18; revised 4-25-19.)
| ||||||
16 | (30 ILCS 500/1-40) | ||||||
17 | Sec. 1-40 1-35 . Application to James R. Thompson Center. | ||||||
18 | In accordance with Section 7.4 of the State Property Control | ||||||
19 | Act, this Code does not apply to any procurements related to | ||||||
20 | the sale of the James R. Thompson Center, provided that the | ||||||
21 | process shall be conducted in a manner substantially in | ||||||
22 | accordance with the requirements of the following Sections of | ||||||
23 | this the Illinois Procurement Code: 20-160, 50-5, 50-10, | ||||||
24 | 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, | ||||||
25 | 50-37, 50-38, and 50-50. The exemption contained in this |
| |||||||
| |||||||
1 | Section does not apply to any leases involving the James R. | ||||||
2 | Thompson Center, including a leaseback authorized under | ||||||
3 | Section 7.4 of the State Property Control Act.
| ||||||
4 | (Source: P.A. 100-1184, eff. 4-5-19; revised 4-25-19.)
| ||||||
5 | (30 ILCS 500/45-35)
| ||||||
6 | Sec. 45-35. Not-for-profit agencies for persons with | ||||||
7 | significant disabilities. | ||||||
8 | (a) Qualification. Supplies and services may be procured
| ||||||
9 | without advertising or calling
for bids from any qualified | ||||||
10 | not-for-profit agency for persons with significant | ||||||
11 | disabilities that:
| ||||||
12 | (1) complies with Illinois laws governing private
| ||||||
13 | not-for-profit organizations;
| ||||||
14 | (2) is certified as a work center by the Wage
and Hour | ||||||
15 | Division of the
United States Department of Labor or is an | ||||||
16 | accredited vocational program that provides transition | ||||||
17 | services to youth between the ages of 14 1/2 and 22 in | ||||||
18 | accordance with individualized education plans under | ||||||
19 | Section 14-8.03 of the School Code and that provides | ||||||
20 | residential services at a child care institution, as | ||||||
21 | defined under Section 2.06 of the Child Care Act of 1969, | ||||||
22 | or at a group home, as defined under Section 2.16 of the | ||||||
23 | Child Care Act of 1969; and
| ||||||
24 | (3) is accredited by a nationally-recognized | ||||||
25 | accrediting organization or certified as a developmental |
| |||||||
| |||||||
1 | training provider by the Department of Human
Services.
| ||||||
2 | (b) Participation. To participate, the not-for-profit
| ||||||
3 | agency must have indicated an
interest in providing the | ||||||
4 | supplies and services, must meet the
specifications and needs | ||||||
5 | of the
using agency, and must set a fair and reasonable price.
| ||||||
6 | (c) Committee. There is created within the Department of
| ||||||
7 | Central Management
Services a committee to facilitate the | ||||||
8 | purchase of products and
services of persons with a | ||||||
9 | significant physical, developmental, or mental disability or a | ||||||
10 | combination of any of those disabilities who cannot
engage in | ||||||
11 | normal competitive
employment due to the significant | ||||||
12 | disability or combination of those disabilities. This | ||||||
13 | committee is called the State Use Committee. The State Use | ||||||
14 | Committee shall consist of the Director of the
Department of | ||||||
15 | Central
Management Services or his or her designee, the | ||||||
16 | Secretary Director of the Department
of Human Services or his | ||||||
17 | or her designee, one public member representing private | ||||||
18 | business who is knowledgeable of the employment needs and | ||||||
19 | concerns of persons with developmental disabilities, one | ||||||
20 | public member representing private business who is | ||||||
21 | knowledgeable of the needs and concerns of rehabilitation | ||||||
22 | facilities, one public member who is knowledgeable of the | ||||||
23 | employment needs and concerns of persons with developmental | ||||||
24 | disabilities, one public member who is knowledgeable of the | ||||||
25 | needs and concerns of rehabilitation facilities, and 2 public | ||||||
26 | members from a statewide association that represents |
| |||||||
| |||||||
1 | community-based rehabilitation facilities, all appointed by | ||||||
2 | the
Governor. The public
members shall serve 2 year terms, | ||||||
3 | commencing upon appointment and
every 2 years thereafter.
A | ||||||
4 | public member may be reappointed, and vacancies shall be | ||||||
5 | filled by
appointment for the
completion of the term. In the | ||||||
6 | event there is a vacancy on the State Use Committee, the | ||||||
7 | Governor must make an appointment to fill that vacancy within | ||||||
8 | 30 calendar days after the notice of vacancy. The members | ||||||
9 | shall serve without
compensation but shall be reimbursed
for | ||||||
10 | expenses at a rate equal to that of State employees on a per
| ||||||
11 | diem basis by the Department
of Central Management Services. | ||||||
12 | All members shall be entitled to
vote on issues before the
| ||||||
13 | State Use Committee.
| ||||||
14 | The State Use Committee shall have the following powers | ||||||
15 | and duties:
| ||||||
16 | (1) To request from any State agency information as to
| ||||||
17 | product specification
and service requirements in order to | ||||||
18 | carry out its purpose.
| ||||||
19 | (2) To meet quarterly or more often as necessary to
| ||||||
20 | carry out its purposes.
| ||||||
21 | (3) To request a quarterly report from each
| ||||||
22 | participating qualified not-for-profit agency for persons | ||||||
23 | with significant disabilities describing the volume of | ||||||
24 | sales for each product or
service sold under this Section.
| ||||||
25 | (4) To prepare a report for the Governor and General | ||||||
26 | Assembly no later than December 31 of each year. The |
| |||||||
| |||||||
1 | requirement for reporting to the General Assembly shall be | ||||||
2 | satisfied by following the procedures set forth in Section | ||||||
3 | 3.1 of the General Assembly Organization Act.
| ||||||
4 | (5) To prepare a publication that lists all supplies
| ||||||
5 | and services currently
available from any qualified | ||||||
6 | not-for-profit agency for persons with significant | ||||||
7 | disabilities. This list and
any revisions shall be | ||||||
8 | distributed to all purchasing agencies.
| ||||||
9 | (6) To encourage diversity in supplies and services
| ||||||
10 | provided by qualified not-for-profit agencies for persons | ||||||
11 | with significant disabilities and discourage unnecessary | ||||||
12 | duplication or
competition among not-for-profit agencies.
| ||||||
13 | (7) To develop guidelines to be followed by qualifying
| ||||||
14 | agencies for
participation under the provisions of this | ||||||
15 | Section. Guidelines shall include a list of national | ||||||
16 | accrediting organizations which satisfy the requirements | ||||||
17 | of item (3) of subsection (a) of this Section. The
| ||||||
18 | guidelines shall be developed within
6 months after the | ||||||
19 | effective date of this Code and made available
on a | ||||||
20 | nondiscriminatory basis
to all qualifying agencies. The | ||||||
21 | new guidelines required under this item (7) by Public Act | ||||||
22 | 100-203 this amendatory Act of the 100th General Assembly | ||||||
23 | shall be developed within 6 months after August 18, 2017 | ||||||
24 | ( the effective date of Public Act 100-203) this amendatory | ||||||
25 | Act of the 100th General Assembly and made available on a | ||||||
26 | non-discriminatory basis to all qualifying not-for-profit |
| |||||||
| |||||||
1 | agencies.
| ||||||
2 | (8) To review all pricing submitted under the | ||||||
3 | provisions
of this Section and may approve a proposed | ||||||
4 | agreement for supplies or services where the price | ||||||
5 | submitted is fair and reasonable.
| ||||||
6 | (9) To, not less than every 3 years, adopt a strategic | ||||||
7 | plan for increasing the number of products and services | ||||||
8 | purchased from qualified not-for-profit agencies for | ||||||
9 | persons with significant disabilities, including the | ||||||
10 | feasibility of developing mandatory set-aside contracts. | ||||||
11 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
12 | shall, in consultation with the State Use Committee, determine | ||||||
13 | which articles, materials, services, food stuffs, and supplies | ||||||
14 | that are produced, manufactured, or provided by persons with | ||||||
15 | significant disabilities in qualified not-for-profit agencies | ||||||
16 | shall be given preference by purchasing agencies procuring | ||||||
17 | those items. | ||||||
18 | (d) (Blank).
| ||||||
19 | (e) Subcontracts. Subcontracts shall be permitted for | ||||||
20 | agreements authorized under this Section. For the purposes of | ||||||
21 | this subsection (e), "subcontract" means any acquisition from | ||||||
22 | another source of supplies, not including raw materials, or | ||||||
23 | services required by a qualified not-for-profit agency to | ||||||
24 | provide the supplies or services that are the subject of the | ||||||
25 | contract between the State and the qualified not-for-profit | ||||||
26 | agency. |
| |||||||
| |||||||
1 | The State Use Committee shall develop guidelines to be | ||||||
2 | followed by qualified not-for-profit agencies when seeking and | ||||||
3 | establishing subcontracts with other persons or not-for-profit | ||||||
4 | agencies in order to fulfill State contract requirements. | ||||||
5 | These guidelines shall include the following: | ||||||
6 | (i) The State Use Committee must approve all | ||||||
7 | subcontracts and substantive amendments to subcontracts | ||||||
8 | prior to execution or amendment of the subcontract. | ||||||
9 | (ii) A qualified not-for-profit agency shall not enter | ||||||
10 | into a subcontract, or any combination of subcontracts, to | ||||||
11 | fulfill an entire requirement, contract, or order without | ||||||
12 | written State Use Committee approval. | ||||||
13 | (iii) A qualified not-for-profit agency shall make | ||||||
14 | reasonable efforts to utilize subcontracts with other | ||||||
15 | not-for-profit agencies for persons with significant | ||||||
16 | disabilities. | ||||||
17 | (iv) For any subcontract not currently performed by a | ||||||
18 | qualified not-for-profit agency, the primary qualified | ||||||
19 | not-for-profit agency must provide to the State Use | ||||||
20 | Committee the following: (A) a written explanation as to | ||||||
21 | why the subcontract is not performed by a qualified | ||||||
22 | not-for-profit agency, and (B) a written plan to transfer | ||||||
23 | the subcontract to a qualified not-for-profit agency, as | ||||||
24 | reasonable. | ||||||
25 | (Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
|
| |||||||
| |||||||
1 | Section 195. The Public-Private Partnership for Civic and | ||||||
2 | Transit Infrastructure Project Act is amended by changing the | ||||||
3 | heading of Article 25 and Sections 25-10, 25-20, 25-40, 25-45, | ||||||
4 | 25-50, and 25-55 as follows:
| ||||||
5 | (30 ILCS 558/Art. 25 heading) | ||||||
6 | Article 25. Public-Private Private-Public Partnership
| ||||||
7 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
8 | (30 ILCS 558/25-10)
| ||||||
9 | Sec. 25-10. Definitions. As used in this Act:
| ||||||
10 | "Civic and Transit Infrastructure Project" or "civic | ||||||
11 | build" or "Project" means civic infrastructure, whether | ||||||
12 | publicly or privately owned, located in the City of Chicago, | ||||||
13 | generally within the boundaries of East 14th Street; extending | ||||||
14 | east to Lake Shore Drive; south to McCormick Place's North | ||||||
15 | Building; west to the outer boundary of the McCormick Place | ||||||
16 | busway and, where it extends farther west, the St. Charles | ||||||
17 | Airline; northwest to South Indiana Avenue; north to East 15th | ||||||
18 | Place; east to the McCormick Place busway; and north to East | ||||||
19 | 14th Street, in total comprising approximately 34 acres, | ||||||
20 | including, without limitation: (1) streets, roadways, | ||||||
21 | pedestrian ways, commuter linkages and circulator transit | ||||||
22 | systems, bridges, tunnels, overpasses, bus ways, and guideways | ||||||
23 | connected to or adjacent to the Project; (2) utilities systems | ||||||
24 | and related facilities, utility relocations and replacements, |
| |||||||
| |||||||
1 | utility-line extensions, network and communication systems, | ||||||
2 | streetscape improvements, drainage systems, sewer and water | ||||||
3 | systems, subgrade structures and associated improvements; (3) | ||||||
4 | landscaping, facade construction and restoration, wayfinding, | ||||||
5 | and signage; (4) public transportation and transit facilities | ||||||
6 | and related infrastructure, vehicle parking facilities, and | ||||||
7 | other facilities that encourage intermodal transportation and | ||||||
8 | public transit connected to or adjacent to the Project; (5) | ||||||
9 | railroad infrastructure, stations, maintenance and storage | ||||||
10 | facilities; (6) parks, plazas, atriums, civic and cultural | ||||||
11 | facilities, community and recreational facilities, facilities | ||||||
12 | to promote tourism and hospitality, educational facilities, | ||||||
13 | conferencing and conventions, broadcast and related multimedia | ||||||
14 | infrastructure, destination and community retail, dining and | ||||||
15 | entertainment facilities; and (7) other facilities with the | ||||||
16 | primary purpose of attracting and fostering economic | ||||||
17 | development within the area of the Civic and Transit | ||||||
18 | Infrastructure Project by generating additional tax base, all | ||||||
19 | as agreed upon in a public-private public private agreement. | ||||||
20 | "Civic build" includes any improvements or substantial | ||||||
21 | enhancements or modifications to civic infrastructure located | ||||||
22 | on or connected or adjacent to the Civic and Transit | ||||||
23 | Infrastructure Project. "Civic Build" does not include | ||||||
24 | commercial office, residential, or hotel facilities, or any | ||||||
25 | retail, dining, and entertainment included within such | ||||||
26 | facilities as part of a private build, constructed on or |
| |||||||
| |||||||
1 | adjacent to the civic build.
| ||||||
2 | "Civic build cost" means all costs of the civic build, as | ||||||
3 | specified in the public-private agreement, and includes, | ||||||
4 | without limitation, the cost of the following activities as | ||||||
5 | part of the Civic and Transit Infrastructure Project: (1) | ||||||
6 | acquiring or leasing real property, including air rights, and | ||||||
7 | other assets associated with the Project; (2) demolishing, | ||||||
8 | repairing, or rehabilitating buildings; (3) remediating land | ||||||
9 | and buildings as required to prepare the property for | ||||||
10 | development; (4) installing, constructing, or reconstructing, | ||||||
11 | elements of civic infrastructure required to support the | ||||||
12 | overall Project, including, without limitation, streets, | ||||||
13 | roadways, pedestrian ways and commuter linkages, utilities | ||||||
14 | systems and related facilities, utility relocations and | ||||||
15 | replacements, network and communication systems, streetscape | ||||||
16 | improvements, drainage systems, sewer and water systems, | ||||||
17 | subgrade structures and associated improvements, landscaping, | ||||||
18 | facade construction and restoration, wayfinding and signage, | ||||||
19 | and other components of community infrastructure; (5) | ||||||
20 | acquiring, constructing or reconstructing, and equipping | ||||||
21 | transit stations, parking facilities, and other facilities | ||||||
22 | that encourage intermodal transportation and public transit; | ||||||
23 | (6) installing, constructing or reconstructing, and equipping | ||||||
24 | core elements of civic infrastructure to promote and encourage | ||||||
25 | economic development, including, without limitation, parks, | ||||||
26 | cultural facilities, community and recreational facilities, |
| |||||||
| |||||||
1 | facilities to promote tourism and hospitality, educational | ||||||
2 | facilities, conferencing and conventions, broadcast and | ||||||
3 | related multimedia infrastructure, destination and community | ||||||
4 | retail, dining and entertainment facilities, and other | ||||||
5 | facilities with the primary purpose of attracting and | ||||||
6 | fostering economic development within the area by generating a | ||||||
7 | new tax base; (7) providing related improvements, including, | ||||||
8 | without limitation, excavation, earth retention, soil | ||||||
9 | stabilization and correction, site improvements, and future | ||||||
10 | capital improvements and expenses; (8) planning, engineering, | ||||||
11 | legal, marketing, development, insurance, finance, and other | ||||||
12 | related professional services and costs associated with the | ||||||
13 | civic build; and (9) the commissioning or operational start-up | ||||||
14 | of any component of the civic build.
| ||||||
15 | "Develop" or "development" means to do one or more of the | ||||||
16 | following: plan, design, develop, lease, acquire, install, | ||||||
17 | construct, reconstruct, repair, rehabilitate, replace, or | ||||||
18 | extend the Civic and Transit Infrastructure Project as | ||||||
19 | provided under this Act.
| ||||||
20 | "Maintain" or "maintenance" includes ordinary maintenance, | ||||||
21 | repair, rehabilitation, capital maintenance, maintenance | ||||||
22 | replacement, and other categories of maintenance that may be | ||||||
23 | designated by the public-private agreement for the Civic and | ||||||
24 | Transit Infrastructure Project as provided under this Act.
| ||||||
25 | "Operate" or "operation" means to do one or more of the | ||||||
26 | following: maintain, improve, equip, modify, or otherwise |
| |||||||
| |||||||
1 | operate the Civic and Transit Infrastructure Project as | ||||||
2 | provided under this Act.
| ||||||
3 | "Private build" means all commercial, industrial or | ||||||
4 | residential facilities, or property that is not included in | ||||||
5 | the definition of civic build. The private build may include | ||||||
6 | commercial office, residential, educational, health and | ||||||
7 | wellness, or hotel facilities constructed on or adjacent to | ||||||
8 | the civic build, and retail, dining, and entertainment | ||||||
9 | facilities that are not included as part of the civic build | ||||||
10 | under the public-private agreement.
| ||||||
11 | "Private entity" means any private entity associated with | ||||||
12 | the Civic and Transit Infrastructure Project at the time of | ||||||
13 | execution and delivery of a public-private agreement, and its | ||||||
14 | successors or assigns. The private entity may enter into a | ||||||
15 | public-private agreement with the public agency on behalf of | ||||||
16 | the State for the development, financing, construction, | ||||||
17 | operational, or management of the Civic and Transit | ||||||
18 | Infrastructure Project under this Act.
| ||||||
19 | "Public agency" means the Governor's Office of Management | ||||||
20 | and Budget.
| ||||||
21 | " Public-private Public private agreement" or "agreement" | ||||||
22 | means one or more agreements or contracts entered into between | ||||||
23 | the public agency on behalf of the State and private entity, | ||||||
24 | and all schedules, exhibits, and attachments thereto, entered | ||||||
25 | into under this Act for the development, financing, | ||||||
26 | construction, operation, or management of the Civic and |
| |||||||
| |||||||
1 | Transit Infrastructure Project, whereby the private entity | ||||||
2 | will develop, finance, construct, own, operate, and manage the | ||||||
3 | Project for a definite term in return for the right to receive | ||||||
4 | the revenues generated from the Project and other required | ||||||
5 | payments from the State, including, but not limited to, a | ||||||
6 | portion of the State sales taxes, as provided under this Act.
| ||||||
7 | "Revenues" means all revenues, including, but not limited | ||||||
8 | to, income user fees; ticket fees; earnings, interest, lease | ||||||
9 | payments, allocations, moneys from the federal government, | ||||||
10 | grants, loans, lines of credit, credit guarantees, bond | ||||||
11 | proceeds, equity investments, service payments, or other | ||||||
12 | receipts arising out of or in connection with the financing, | ||||||
13 | development, construction, operation, and management of the | ||||||
14 | Project under this Act. "Revenues" does not include the State | ||||||
15 | payments to the Civic and Transit Infrastructure Fund as | ||||||
16 | required under this Act.
| ||||||
17 | "State" means the State of Illinois.
| ||||||
18 | "User fees" means the tolls, rates, fees, or other charges | ||||||
19 | imposed by the State or private entity for use of all or part | ||||||
20 | of the civic build.
| ||||||
21 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
22 | (30 ILCS 558/25-20)
| ||||||
23 | Sec. 25-20. Provisions of the public-private agreement. | ||||||
24 | The public-private agreement shall include at a minimum all of | ||||||
25 | the following provisions:
|
| |||||||
| |||||||
1 | (1) the term of the public-private public private | ||||||
2 | agreement;
| ||||||
3 | (2) a detailed description of the civic build, | ||||||
4 | including the retail, dining, and entertainment components | ||||||
5 | of the civic build and a general description of the | ||||||
6 | anticipated future private build;
| ||||||
7 | (3) the powers, duties, responsibilities, obligations, | ||||||
8 | and functions of the public agency and private entity;
| ||||||
9 | (4) compensation or payments, including any | ||||||
10 | reimbursement for work performed and goods or services | ||||||
11 | provided, if any, owed to the public agency as the | ||||||
12 | administrator of the public-private agreement on behalf of | ||||||
13 | the State, as specified in the public-private agreement;
| ||||||
14 | (5) compensation or payments to the private entity for | ||||||
15 | civic build costs, plus any required debt service payments | ||||||
16 | for the civic build, debt service reserves or sinking | ||||||
17 | funds, financing costs, payments for operation and | ||||||
18 | management of the civic build, payments representing the | ||||||
19 | reasonable return on the private equity investment in the | ||||||
20 | civic build, and payments in respect of the public use of | ||||||
21 | private land, air rights, or other real property interests | ||||||
22 | for the civic build;
| ||||||
23 | (6) a provision granting the private entity with the | ||||||
24 | express authority to structure, negotiate, and execute | ||||||
25 | contracts and subcontracts with third parties to enable | ||||||
26 | the private entity to carry out its duties, |
| |||||||
| |||||||
1 | responsibilities and obligations under this Act relating | ||||||
2 | to the development, financing, construction, management, | ||||||
3 | and operation of the civic build;
| ||||||
4 | (7) a provision imposing an affirmative duty on the | ||||||
5 | private entity to provide the public agency with any | ||||||
6 | information the private entity reasonably believes the | ||||||
7 | public agency would need related to the civic build to | ||||||
8 | enable the public agency to exercise its powers, carry out | ||||||
9 | its duties, responsibilities, and obligations, and perform | ||||||
10 | its functions under this Act or the public-private | ||||||
11 | agreement;
| ||||||
12 | (8) a provision requiring the private entity to | ||||||
13 | provide the public agency with advance notice of any | ||||||
14 | decision that has a material adverse impact on the public | ||||||
15 | interest related to the civic build so that the public | ||||||
16 | agency has a reasonable opportunity to evaluate that | ||||||
17 | decision;
| ||||||
18 | (9) a requirement that the public agency monitor and | ||||||
19 | oversee the civic build and take action that the public | ||||||
20 | agency considers appropriate to ensure that the private | ||||||
21 | entity is in compliance with the terms of the | ||||||
22 | public-private public private agreement;
| ||||||
23 | (10) the authority to impose user fees and the amounts | ||||||
24 | of those fees, if applicable, related to the civic build | ||||||
25 | subject to agreement with the private entity;
| ||||||
26 | (11) a provision stating that the private entity shall |
| |||||||
| |||||||
1 | have the right to all revenues generated from the civic | ||||||
2 | build until such time that the State takes ownership over | ||||||
3 | the civic build, at which point the State shall have the | ||||||
4 | right to all revenues generated from the civic build, | ||||||
5 | except as set forth in Section 25-45 45 ;
| ||||||
6 | (12) a provision governing the rights to real and | ||||||
7 | personal property of the State, the public agency, the | ||||||
8 | private entity, and other third parties, if applicable, | ||||||
9 | relating to the civic build, including, but not limited | ||||||
10 | to, a provision relating to the State's ability to | ||||||
11 | exercise an option to purchase the civic build at varying | ||||||
12 | milestones of the Project agreed to amongst the parties in | ||||||
13 | the public-private public private agreement and consistent | ||||||
14 | with Section 25-45 45 of this Act;
| ||||||
15 | (13) a provision regarding the implementation and | ||||||
16 | delivery of certain progress reports related to cost, | ||||||
17 | timelines, deadlines, and scheduling of the civic build;
| ||||||
18 | (14) procedural requirements for obtaining the prior | ||||||
19 | approval of the public agency when rights that are the | ||||||
20 | subject of the public-private agreement relating to the | ||||||
21 | civic build, including, but not limited to, development | ||||||
22 | rights, construction rights, property rights, and rights | ||||||
23 | to certain revenues, are sold, assigned, transferred, or | ||||||
24 | pledged as collateral to secure financing or for any other | ||||||
25 | reason;
| ||||||
26 | (15) grounds for termination of the public-private |
| |||||||
| |||||||
1 | agreement by the public agency and the private entity;
| ||||||
2 | (16) review of plans, including development, | ||||||
3 | construction, management, or operations plans by the | ||||||
4 | public agency related to the civic build;
| ||||||
5 | (17) inspections by the public agency, including | ||||||
6 | inspections of construction work and improvements, related | ||||||
7 | to the civic build;
| ||||||
8 | (18) rights and remedies of the public agency in the | ||||||
9 | event that the private entity defaults or otherwise fails | ||||||
10 | to comply with the terms of the public-private agreement | ||||||
11 | and the rights and remedies of the private entity in the | ||||||
12 | event that the public agency defaults or otherwise fails | ||||||
13 | to comply with the terms of the public-private agreement;
| ||||||
14 | (19) a code of ethics for the private entity's | ||||||
15 | officers and employees;
| ||||||
16 | (20) maintenance of public liability insurance or | ||||||
17 | other insurance requirements related to the civic build;
| ||||||
18 | (21) provisions governing grants and loans, including | ||||||
19 | those received, or anticipated to be received, from the | ||||||
20 | federal government or any agency or instrumentality of the | ||||||
21 | federal government or from any State or local agency;
| ||||||
22 | (22) the private entity's targeted business and | ||||||
23 | workforce participation program to meet the State's | ||||||
24 | utilization goals for business enterprises and workforce | ||||||
25 | involving minorities, women, persons with disabilities, | ||||||
26 | and veterans;
|
| |||||||
| |||||||
1 | (23) a provision regarding the rights of the public | ||||||
2 | agency and the State following completion of the civic | ||||||
3 | build and transfer to the State consistent with Section | ||||||
4 | 25-45 45 of this Act;
| ||||||
5 | (24) a provision detailing the Project's projected | ||||||
6 | long-range economic impacts, including projections of new | ||||||
7 | spending, construction jobs, and permanent, full-time | ||||||
8 | equivalent jobs;
| ||||||
9 | (25) a provision detailing the Project's projected | ||||||
10 | support for regional and statewide transit impacts, | ||||||
11 | transportation mode shifts, and increased transit | ||||||
12 | ridership;
| ||||||
13 | (26) a provision detailing the Project's projected | ||||||
14 | impact on increased convention and events visitation;
| ||||||
15 | (27) procedures for amendment to the public-private | ||||||
16 | agreement; | ||||||
17 | (28) a provision detailing the processes and | ||||||
18 | procedures that will be followed for contracts and | ||||||
19 | purchases for the civic build; and | ||||||
20 | (29) all other terms, conditions, and provisions | ||||||
21 | acceptable to the public agency that the public agency | ||||||
22 | deems necessary and proper and in the best interest of the | ||||||
23 | State and the public.
| ||||||
24 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
| ||||||
25 | (30 ILCS 558/25-40)
|
| |||||||
| |||||||
1 | Sec. 25-40. Financial arrangements.
| ||||||
2 | (a) The public agency may apply for, execute, or endorse | ||||||
3 | applications submitted by the private entity to obtain | ||||||
4 | federal, State, or local credit assistance to develop, | ||||||
5 | maintain, or operate the Project.
| ||||||
6 | (b) The private entity may take any action to obtain | ||||||
7 | federal, State, or local assistance for the civic build that | ||||||
8 | serves the public purpose of this Act and may enter into any | ||||||
9 | contracts required to receive the assistance. The public | ||||||
10 | agency shall take all reasonable steps to support action by | ||||||
11 | the private entity to obtain federal, State, or local | ||||||
12 | assistance for the civic build. The assistance may include, | ||||||
13 | but not be limited to, federal credit assistance pursuant to | ||||||
14 | Railroad Rehabilitation and Improvement Financing and the | ||||||
15 | Transportation Infrastructure Finance and Innovation Act. In | ||||||
16 | the event the private entity obtains federal, State, or local | ||||||
17 | assistance for the civic build that serves the public purpose | ||||||
18 | of this Act, the financial assistance shall reduce the State's | ||||||
19 | required payments under this Act on terms as mutually agreed | ||||||
20 | to by the parties in the public-private agreement.
| ||||||
21 | (c) Any financing of the civic build costs may be in the | ||||||
22 | amounts and subject to the terms and conditions contained in | ||||||
23 | the public-private agreement.
| ||||||
24 | (d) For the purpose of financing or refinancing the civic | ||||||
25 | build costs, the private entity and the public agency may do | ||||||
26 | the following: (1) enter into grant agreements; (2) accept |
| |||||||
| |||||||
1 | grants from any public or private agency or entity; (3) | ||||||
2 | receive the required payments from the State under this Act; | ||||||
3 | and (4) receive any other payments or monies permitted under | ||||||
4 | this Act or agreed to by the parties in the public-private | ||||||
5 | agreement.
| ||||||
6 | (e) For the purpose of financing or refinancing the civic | ||||||
7 | build, public funds may be used and mixed and aggregated with | ||||||
8 | private funds provided by or on behalf of the private entity or | ||||||
9 | other private entities. However, that the required payments | ||||||
10 | from the State under Sections 25-50 50 and 25-55 55 of this Act | ||||||
11 | shall be solely used for civic build costs, plus debt service | ||||||
12 | requirements of the civic build, debt service reserves or | ||||||
13 | sinking funds, financing costs, payments for operation and | ||||||
14 | management of the civic build, payments representing the | ||||||
15 | reasonable return on the private equity investment in the | ||||||
16 | civic build, and payments in respect of the public use of | ||||||
17 | private land, air rights, or other real property interests for | ||||||
18 | the civic build, if applicable.
| ||||||
19 | (f) The public agency is authorized to facilitate conduit | ||||||
20 | tax-exempt or taxable debt financing, if agreed to between the | ||||||
21 | public agency and the private entity.
| ||||||
22 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
23 | (30 ILCS 558/25-45)
| ||||||
24 | Sec. 25-45. Term of agreement; transfer of the civic build | ||||||
25 | to the State. Following the completion of the Project and the |
| |||||||
| |||||||
1 | termination of the public-private agreement, the private | ||||||
2 | entity's authority and duties under the public-private | ||||||
3 | agreement shall cease, except for those duties and obligations | ||||||
4 | that extend beyond the termination, as set forth in the | ||||||
5 | public-private public private agreement, which may include | ||||||
6 | ongoing management and operations of the civic build, and all | ||||||
7 | interests and ownership in the civic build shall transfer to | ||||||
8 | the State; provided that the State has made all required | ||||||
9 | payments to the private entity as required under this Act and | ||||||
10 | the public-private agreement. The State may also exercise an | ||||||
11 | option to not accept its interest and ownership in the civic | ||||||
12 | build. In the event the State exercises its option to not | ||||||
13 | accept its interest and ownership in the civic build, the | ||||||
14 | private entity shall maintain its interest and ownership in | ||||||
15 | the civic build and shall have the authority to maintain, | ||||||
16 | further develop, encumber, or sell the civic build consistent | ||||||
17 | with its authority as the owner of the civic build. In the | ||||||
18 | event the State exercises its option to have its interest and | ||||||
19 | ownership in the civic build after all required payments have | ||||||
20 | been made to the private entity consistent with the | ||||||
21 | public-private agreement and this Act, the private entity | ||||||
22 | shall have the authority to enter into an operating agreement | ||||||
23 | with the public agency, on such terms that are reasonable and | ||||||
24 | customary for operating agreements, to operate and manage the | ||||||
25 | civic build for an annual operator fee and payment from the | ||||||
26 | State representing a portion of the net operating income of |
| |||||||
| |||||||
1 | the civic build as further defined and described in the | ||||||
2 | public-private public private agreement between the private | ||||||
3 | entity and the public agency.
| ||||||
4 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
5 | (30 ILCS 558/25-50)
| ||||||
6 | Sec. 25-50. Payment to the private entity. | ||||||
7 | (a) Notwithstanding anything in the public-private public | ||||||
8 | private agreement to the contrary: (1) the civic build cost | ||||||
9 | shall not exceed a total of $3,800,000,000; and (2) no State | ||||||
10 | equity payment shall be made prior to State fiscal year 2024 or | ||||||
11 | prior to completion of the civic build. | ||||||
12 | (b) The public agency shall be required to take all steps | ||||||
13 | necessary to facilitate the required payments to the Civic and | ||||||
14 | Transit Infrastructure Fund as set forth in Section 3 of the | ||||||
15 | Retailers' Occupation Tax and Section 8.25g of the State | ||||||
16 | Finance Act.
| ||||||
17 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
| ||||||
18 | (30 ILCS 558/25-55)
| ||||||
19 | Sec. 25-55. The Civic and Transit Infrastructure Fund. The | ||||||
20 | Civic and Transit Infrastructure Fund is created as a special | ||||||
21 | fund in the State Treasury. All moneys transferred to the | ||||||
22 | Civic and Transit Infrastructure Fund pursuant to Section | ||||||
23 | 8.25g of the State Finance Act, Section 3 of the Retailers' | ||||||
24 | Occupation Act, and this Act shall be used only for the |
| |||||||
| |||||||
1 | purposes authorized by and subject to the limitations and | ||||||
2 | conditions of this Act and the public-private public private | ||||||
3 | agreement entered into by private entity and the public agency | ||||||
4 | on behalf of the State. All payments required under such Acts | ||||||
5 | shall be direct, limited obligations of the State of Illinois | ||||||
6 | payable solely from and secured by an irrevocable, first | ||||||
7 | priority pledge of and lien on moneys on deposit in the Civic | ||||||
8 | and Transit Infrastructure Fund. The State of Illinois hereby | ||||||
9 | pledges the applicable sales tax revenues consistent with the | ||||||
10 | State Finance Act and this Act for the time period provided in | ||||||
11 | the public-private public private agreement between the | ||||||
12 | private entity and the Authority, on behalf of the State. | ||||||
13 | Moneys in the Civic and Transit Infrastructure Fund shall be | ||||||
14 | utilized by the public agency on behalf of the State to pay the | ||||||
15 | private entity for the development, financing, construction, | ||||||
16 | operation and management of the civic and transit | ||||||
17 | infrastructure project consistent with this Act and the | ||||||
18 | public-private public private agreement. Investment income, if | ||||||
19 | any, which is attributable to the investment of moneys in the | ||||||
20 | Civic and Transit Infrastructure Fund shall be retained in the | ||||||
21 | Fund for any required payment to the private entity under this | ||||||
22 | Act and the public-private public private agreement.
| ||||||
23 | (Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
| ||||||
24 | Section 200. The Business Enterprise for Minorities, | ||||||
25 | Women, and Persons with
Disabilities Act is amended by |
| |||||||
| |||||||
1 | changing Sections 4 and 5 as follows:
| ||||||
2 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| ||||||
3 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
4 | Sec. 4. Award of State contracts.
| ||||||
5 | (a) Except as provided in subsection (b), not less than | ||||||
6 | 20% of
the total dollar amount of State contracts, as defined | ||||||
7 | by the Secretary of
the Council and approved by the Council, | ||||||
8 | shall be established as an aspirational goal to
be awarded to | ||||||
9 | businesses owned by minorities,
women, and persons with | ||||||
10 | disabilities; provided, however, that
of the total amount of | ||||||
11 | all
State contracts awarded to businesses owned by
minorities, | ||||||
12 | women, and persons with disabilities pursuant to
this Section, | ||||||
13 | contracts representing at least 11% shall be awarded to | ||||||
14 | businesses owned by minorities, contracts representing at | ||||||
15 | least 7% shall be awarded to women-owned businesses, and | ||||||
16 | contracts representing at least 2% shall be awarded to | ||||||
17 | businesses owned by persons with disabilities.
| ||||||
18 | The above percentage relates to the total dollar amount of | ||||||
19 | State
contracts during each State fiscal year, calculated by | ||||||
20 | examining
independently each type of contract for each agency | ||||||
21 | or public institutions of higher education which
lets such | ||||||
22 | contracts. Only that percentage of arrangements which | ||||||
23 | represents the participation of businesses owned by
| ||||||
24 | minorities, women, and persons with disabilities on such | ||||||
25 | contracts shall
be included. State contracts subject to the |
| |||||||
| |||||||
1 | requirements of this Act shall include the requirement that | ||||||
2 | only expenditures to businesses owned by minorities, women, | ||||||
3 | and persons with disabilities that perform a commercially | ||||||
4 | useful function may be counted toward the goals set forth by | ||||||
5 | this Act. Contracts shall include a definition of | ||||||
6 | "commercially useful function" that is consistent with 49 CFR | ||||||
7 | 26.55(c).
| ||||||
8 | (b) Not less
than 20% of the total dollar amount of State | ||||||
9 | construction contracts is
established as an aspirational goal | ||||||
10 | to be awarded to businesses owned by minorities, women, and | ||||||
11 | persons with disabilities; provided that, contracts | ||||||
12 | representing at least 11% of the total dollar amount of State | ||||||
13 | construction contracts shall be awarded to businesses owned by | ||||||
14 | minorities; contracts representing at least 7% of the total | ||||||
15 | dollar amount of State construction contracts shall be awarded | ||||||
16 | to women-owned businesses; and contracts representing at least | ||||||
17 | 2% of the total dollar amount of State construction contracts | ||||||
18 | shall be awarded to businesses owned by persons with | ||||||
19 | disabilities.
| ||||||
20 | (c) (Blank). | ||||||
21 | (d) Within one year after April 28, 2009 (the effective | ||||||
22 | date of Public Act 96-8), the Department of Central Management | ||||||
23 | Services shall conduct a social scientific study that measures | ||||||
24 | the impact of discrimination on minority and women business | ||||||
25 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
26 | (the effective date of Public Act 96-8), the Department shall |
| |||||||
| |||||||
1 | issue a report of its findings and any recommendations on | ||||||
2 | whether to adjust the goals for minority and women | ||||||
3 | participation established in this Act. Copies of this report | ||||||
4 | and the social scientific study shall be filed with the | ||||||
5 | Governor and the General Assembly. | ||||||
6 | By December 1, 2020, the Department of Central Management | ||||||
7 | Services shall conduct a new social scientific study that | ||||||
8 | measures the impact of discrimination on minority and women | ||||||
9 | business development in Illinois. By June 1, 2022, the | ||||||
10 | Department shall issue a report of its findings and any | ||||||
11 | recommendations on whether to adjust the goals for minority | ||||||
12 | and women participation established in this Act. Copies of | ||||||
13 | this report and the social scientific study shall be filed | ||||||
14 | with the Governor , the Advisory Board, and the General | ||||||
15 | Assembly. By December 1, 2022, the Department of Central | ||||||
16 | Management Services Business Enterprise Program shall develop | ||||||
17 | a model for social scientific disparity study sourcing for | ||||||
18 | local governmental units to adapt and implement to address | ||||||
19 | regional disparities in public procurement. | ||||||
20 | (e) Except as permitted under this Act or as otherwise | ||||||
21 | mandated by federal law or regulation, those who submit bids | ||||||
22 | or proposals for State contracts subject to the provisions of | ||||||
23 | this Act, whose bids or proposals are successful and include a | ||||||
24 | utilization plan but that fail to meet the goals set forth in | ||||||
25 | subsection (b) of this Section, shall be notified of that | ||||||
26 | deficiency and shall be afforded a period not to exceed 10 |
| |||||||
| |||||||
1 | calendar days from the date of notification to cure that | ||||||
2 | deficiency in the bid or proposal. The deficiency in the bid or | ||||||
3 | proposal may only be cured by contracting with additional | ||||||
4 | subcontractors who are owned by minorities or women. Any | ||||||
5 | increase in cost to
a contract for the addition of a | ||||||
6 | subcontractor to cure a bid's deficiency shall not affect the | ||||||
7 | bid price,
shall not be used in the request for an exemption in | ||||||
8 | this Act, and in no case shall an identified subcontractor | ||||||
9 | with a certification made pursuant to this Act be terminated | ||||||
10 | from the contract without the written consent of the State | ||||||
11 | agency or public institution of higher education entering into | ||||||
12 | the contract. | ||||||
13 | (f) Non-construction solicitations that include Business | ||||||
14 | Enterprise Program participation goals shall require bidders | ||||||
15 | and offerors to include utilization plans. Utilization plans | ||||||
16 | are due at the time of bid or offer submission. Failure to | ||||||
17 | complete and include a utilization plan, including | ||||||
18 | documentation demonstrating good faith effort when requesting | ||||||
19 | a waiver, shall render the bid or offer non-responsive. | ||||||
20 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | ||||||
21 | 101-601, eff. 1-1-20; revised 10-26-20.)
| ||||||
22 | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| ||||||
23 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
24 | Sec. 5. Business Enterprise Council.
| ||||||
25 | (1) To help implement, monitor , and enforce the goals of |
| |||||||
| |||||||
1 | this Act, there
is created the Business Enterprise Council for
| ||||||
2 | Minorities, Women, and Persons with Disabilities, hereinafter
| ||||||
3 | referred to as the Council, composed of the Secretary of Human | ||||||
4 | Services and
the Directors of the Department of
Human Rights, | ||||||
5 | the Department of Commerce and Economic Opportunity, the
| ||||||
6 | Department of Central Management Services, the Department of | ||||||
7 | Transportation and
the
Capital Development Board, or their | ||||||
8 | duly appointed representatives, with the Comptroller, or his | ||||||
9 | or her designee, serving as an advisory member of the Council. | ||||||
10 | Ten
individuals representing businesses that are | ||||||
11 | minority-owned , or women-owned , or
owned by persons with | ||||||
12 | disabilities, 2 individuals representing the business
| ||||||
13 | community, and a representative of public institutions of | ||||||
14 | higher education shall be appointed by the Governor. These | ||||||
15 | members shall serve 2-year 2
year terms and shall be eligible | ||||||
16 | for reappointment. Any vacancy occurring on
the Council shall | ||||||
17 | also be filled by the Governor. Any member appointed to fill
a | ||||||
18 | vacancy occurring prior to the expiration of the term for | ||||||
19 | which his or her
predecessor was appointed shall be appointed | ||||||
20 | for the remainder of such term.
Members of the Council shall | ||||||
21 | serve without compensation but shall be reimbursed
for any | ||||||
22 | ordinary and necessary expenses incurred in the performance of | ||||||
23 | their
duties.
| ||||||
24 | The Director of the Department of Central Management | ||||||
25 | Services shall serve
as the Council chairperson and shall | ||||||
26 | select, subject to approval of the
council, a Secretary |
| |||||||
| |||||||
1 | responsible for the operation of the program who shall
serve | ||||||
2 | as the Division Manager of the Business
Enterprise for | ||||||
3 | Minorities, Women, and Persons with Disabilities Division
of | ||||||
4 | the Department of Central Management Services.
| ||||||
5 | The Director of each State agency and the chief executive | ||||||
6 | officer of
each public institution institutions of higher | ||||||
7 | education shall appoint a liaison to the Council. The liaison
| ||||||
8 | shall be responsible for submitting to the Council any reports | ||||||
9 | and
documents necessary under this Act.
| ||||||
10 | (2) The Council's authority and responsibility shall be | ||||||
11 | to:
| ||||||
12 | (a) Devise a certification procedure to assure that | ||||||
13 | businesses taking
advantage of this Act are legitimately | ||||||
14 | classified as businesses owned by minorities, women, or | ||||||
15 | persons with
disabilities and a registration procedure to | ||||||
16 | recognize, without additional evidence of Business | ||||||
17 | Enterprise Program eligibility, the certification of | ||||||
18 | businesses owned by minorities, women, or persons with | ||||||
19 | disabilities certified by the City of Chicago, Cook | ||||||
20 | County, or other jurisdictional programs with requirements | ||||||
21 | and procedures equaling or exceeding those in this Act.
| ||||||
22 | (b) Maintain a list of all
businesses legitimately | ||||||
23 | classified as businesses owned by minorities, women, or | ||||||
24 | persons with disabilities to provide to State agencies and | ||||||
25 | public institutions of higher education.
| ||||||
26 | (c) Review rules and regulations for the |
| |||||||
| |||||||
1 | implementation of the program for businesses owned by | ||||||
2 | minorities, women,
and persons with disabilities.
| ||||||
3 | (d) Review compliance plans submitted by each State | ||||||
4 | agency and public institution institutions of higher | ||||||
5 | education
pursuant to this Act.
| ||||||
6 | (e) Make annual reports as provided in Section 8f to | ||||||
7 | the Governor and
the General Assembly on the
status of the | ||||||
8 | program.
| ||||||
9 | (f) Serve as a central clearinghouse for information | ||||||
10 | on State
contracts, including the maintenance of a list of | ||||||
11 | all pending State
contracts upon which businesses owned by | ||||||
12 | minorities, women, and persons with disabilities may bid.
| ||||||
13 | At the Council's discretion, maintenance of the list may | ||||||
14 | include 24-hour
electronic access to the list along with | ||||||
15 | the bid and application information.
| ||||||
16 | (g) Establish a toll-free toll free telephone number | ||||||
17 | to facilitate information
requests concerning the | ||||||
18 | certification process and pending contracts.
| ||||||
19 | (3) No premium bond rate of a surety company for a bond | ||||||
20 | required of a business owned by a minority, woman, or person
| ||||||
21 | with a disability bidding for a State contract shall be
higher | ||||||
22 | than the lowest rate charged by that surety company for a | ||||||
23 | similar
bond in the same classification of work that would be | ||||||
24 | written for a business not owned by a minority, woman, or | ||||||
25 | person with a disability.
| ||||||
26 | (4) Any Council member who has direct financial or |
| |||||||
| |||||||
1 | personal interest in
any measure pending before the Council | ||||||
2 | shall disclose this fact to the
Council and refrain from | ||||||
3 | participating in the determination upon such measure.
| ||||||
4 | (5) The Secretary shall have the following duties and | ||||||
5 | responsibilities:
| ||||||
6 | (a) To be responsible for the day-to-day operation of | ||||||
7 | the Council.
| ||||||
8 | (b) To serve as a coordinator for all of the State's | ||||||
9 | programs for businesses owned by minorities, women,
and | ||||||
10 | persons with disabilities and as the information and | ||||||
11 | referral center
for all State initiatives for businesses
| ||||||
12 | owned by minorities, women, and persons with disabilities.
| ||||||
13 | (c) To establish an enforcement procedure whereby the | ||||||
14 | Council may
recommend to the appropriate State legal | ||||||
15 | officer that the State exercise
its legal remedies which | ||||||
16 | shall include (1) termination of the contract
involved, | ||||||
17 | (2) prohibition of participation by the respondent in | ||||||
18 | public
contracts for a period not to exceed 3 years, (3) | ||||||
19 | imposition of a penalty
not to exceed any profit acquired | ||||||
20 | as a result of violation, or (4) any
combination thereof. | ||||||
21 | Such procedures shall require prior approval by Council. | ||||||
22 | All funds collected as penalties under this subsection | ||||||
23 | shall be used exclusively for maintenance and further | ||||||
24 | development of the Business Enterprise Program and | ||||||
25 | encouragement of participation in State procurement by | ||||||
26 | minorities, women, and persons with disabilities.
|
| |||||||
| |||||||
1 | (d) To devise appropriate policies, regulations , and | ||||||
2 | procedures for
including participation by businesses owned
| ||||||
3 | by minorities, women, and persons with disabilities as | ||||||
4 | prime contractors ,
including, but not limited to : , (i) | ||||||
5 | encouraging the inclusions of qualified businesses owned | ||||||
6 | by minorities, women, and
persons with disabilities on | ||||||
7 | solicitation lists, (ii)
investigating the potential of | ||||||
8 | blanket bonding programs for small
construction jobs, and | ||||||
9 | (iii) investigating and making recommendations
concerning | ||||||
10 | the use of the sheltered market process.
| ||||||
11 | (e) To devise procedures for the waiver of the | ||||||
12 | participation goals in
appropriate circumstances.
| ||||||
13 | (f) To accept donations and, with the approval of the | ||||||
14 | Council or the
Director of Central Management Services, | ||||||
15 | grants related to the purposes of
this Act; to conduct | ||||||
16 | seminars related to the purpose of this Act and to
charge | ||||||
17 | reasonable registration fees; and to sell directories, | ||||||
18 | vendor lists ,
and other such information to interested | ||||||
19 | parties, except that forms
necessary to become eligible | ||||||
20 | for the program shall be provided free of
charge to a | ||||||
21 | business or individual applying for the program.
| ||||||
22 | (Source: P.A. 100-391, eff. 8-25-17; 100-801, eff. 8-10-18; | ||||||
23 | 101-601, eff. 1-1-20; revised 8-18-20.)
| ||||||
24 | Section 205. The State Property Control Act is amended by | ||||||
25 | setting forth, renumbering, and changing multiple versions of |
| |||||||
| |||||||
1 | Section 7.7 as follows:
| ||||||
2 | (30 ILCS 605/7.7) | ||||||
3 | Sec. 7.7. Michael A. Bilandic Building. | ||||||
4 | (a) On or prior to the disposition of the James R. Thompson | ||||||
5 | Center the existing executive offices of the Governor, | ||||||
6 | Lieutenant Governor, Secretary of State, Comptroller, and | ||||||
7 | Treasurer shall be relocated in the Michael A. Bilandic | ||||||
8 | Building located at 160 North LaSalle Street, Chicago, | ||||||
9 | Illinois. An officer shall occupy the designated space on the | ||||||
10 | same terms and conditions applicable on April 5, 2019 ( the | ||||||
11 | effective date of Public Act 100-1184) this amendatory Act of | ||||||
12 | the 100th General Assembly . An executive officer may choose to | ||||||
13 | locate in alternative offices within the City of Chicago. | ||||||
14 | (b) The four caucuses of the General Assembly shall be | ||||||
15 | given space within the Michael A. Bilandic Building. Any | ||||||
16 | caucus located in the building on or prior to April 5, 2019 | ||||||
17 | ( the effective date of Public Act 100-1184) this amendatory | ||||||
18 | Act of the 100th General Assembly shall continue to occupy | ||||||
19 | their designated space on the same terms and conditions | ||||||
20 | applicable on April 5, 2019 ( the effective date of Public Act | ||||||
21 | 100-1184) this amendatory Act of the 100th General Assembly .
| ||||||
22 | (Source: P.A. 100-1184, eff. 4-5-19; revised 9-24-19.)
| ||||||
23 | (30 ILCS 605/7.8) | ||||||
24 | Sec. 7.8 7.7 . Public university surplus real estate. |
| |||||||
| |||||||
1 | (a) Notwithstanding any other provision of this Act or any | ||||||
2 | other law to the contrary, the Board of Trustees of any public | ||||||
3 | institution of higher education in this State, as defined in | ||||||
4 | subsection (d), is authorized to dispose of surplus real | ||||||
5 | estate of that public institution of higher education as | ||||||
6 | provided under subsection (b). | ||||||
7 | (b) The Board of Trustees of any public institution of | ||||||
8 | higher education in this State may sell, lease, or otherwise | ||||||
9 | transfer and convey all or part of real estate deemed by the | ||||||
10 | Board to be surplus real estate, together with the | ||||||
11 | improvements situated thereon, to a bona fide purchaser for | ||||||
12 | value and on such terms as the Board shall determine are in the | ||||||
13 | best interests of that public institution of higher education | ||||||
14 | and consistent with that institution's objects and purposes. | ||||||
15 | (c) A Board of Trustees disposing of surplus real estate | ||||||
16 | may retain the proceeds from the sale, lease, or other | ||||||
17 | transfer of all or any part of the real estate deemed surplus | ||||||
18 | real estate under subsection (b), including the improvements | ||||||
19 | situated thereon, in a separate account in the treasury of the | ||||||
20 | public institution of higher education for the purpose of | ||||||
21 | deferred maintenance and emergency repair of institution | ||||||
22 | property. The Auditor General shall examine the separate | ||||||
23 | account to ensure the use or deposit of the proceeds | ||||||
24 | authorized under this subsection (c) in a manner consistent | ||||||
25 | with the stated purpose. | ||||||
26 | (d) For the purposes of this Section, "public institution |
| |||||||
| |||||||
1 | of higher education" or "institution" means the University of | ||||||
2 | Illinois; Southern Illinois University; Chicago State | ||||||
3 | University; Eastern Illinois University; Governors State | ||||||
4 | University; Illinois State University; Northeastern Illinois | ||||||
5 | University; Northern Illinois University; Western Illinois | ||||||
6 | University; and any other public universities, now or | ||||||
7 | hereafter established or authorized by the General Assembly.
| ||||||
8 | (Source: P.A. 101-213, eff. 8-7-19; revised 9-24-19.)
| ||||||
9 | Section 210. The Park and Recreational Facility | ||||||
10 | Construction Act of 2009 is amended by changing Section 10-1 | ||||||
11 | as follows:
| ||||||
12 | (30 ILCS 764/10-1)
| ||||||
13 | Sec. 10-1. Short title. This Article Act may be cited as | ||||||
14 | the Park and Recreational Facility Construction Act of 2009. | ||||||
15 | References in this Article to "this Act" mean this Article.
| ||||||
16 | (Source: P.A. 96-820, eff. 11-18-09; revised 7-18-19.)
| ||||||
17 | Section 215. The State Mandates Act is amended by changing | ||||||
18 | Sections 8.43 and 8.44 as follows:
| ||||||
19 | (30 ILCS 805/8.43) | ||||||
20 | Sec. 8.43. Exempt mandate. | ||||||
21 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
22 | reimbursement by the State is required for the implementation |
| |||||||
| |||||||
1 | of any mandate created by Public Act 101-11, 101-49, 101-275, | ||||||
2 | 101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504, | ||||||
3 | 101-522, 101-610, or 101-627 or this amendatory Act of the | ||||||
4 | 101st General Assembly . | ||||||
5 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
6 | reimbursement by the State is required for the implementation | ||||||
7 | of any mandate created by the Seizure Smart School Act. | ||||||
8 | (Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19; | ||||||
9 | 101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff. | ||||||
10 | 8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474, | ||||||
11 | eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19; | ||||||
12 | 101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff. | ||||||
13 | 1-1-20; 101-627, eff. 1-24-20; revised 8-4-20.)
| ||||||
14 | (30 ILCS 805/8.44) | ||||||
15 | Sec. 8.44. Exempt mandate. | ||||||
16 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
17 | reimbursement by the State is required for the implementation | ||||||
18 | of any mandate created by Section 4-7 of the Illinois Local | ||||||
19 | Library Act or Section 30-55.60 of the Public Library District | ||||||
20 | Act of 1991.
| ||||||
21 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
22 | reimbursement by the State is required for the implementation | ||||||
23 | of any mandate created by Public Act 101-633 this amendatory | ||||||
24 | Act of the 101st General Assembly . | ||||||
25 | (Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20; |
| |||||||
| |||||||
1 | revised 7-28-20.)
| ||||||
2 | Section 220. The Illinois Income Tax Act is amended by | ||||||
3 | changing Sections 203, 304, and 701 and by setting forth and | ||||||
4 | renumbering multiple versions of Section 229 as follows:
| ||||||
5 | (35 ILCS 5/203) (from Ch. 120, par. 2-203) | ||||||
6 | Sec. 203. Base income defined. | ||||||
7 | (a) Individuals. | ||||||
8 | (1) In general. In the case of an individual, base | ||||||
9 | income means an
amount equal to the taxpayer's adjusted | ||||||
10 | gross income for the taxable
year as modified by paragraph | ||||||
11 | (2). | ||||||
12 | (2) Modifications. The adjusted gross income referred | ||||||
13 | to in
paragraph (1) shall be modified by adding thereto | ||||||
14 | the sum of the
following amounts: | ||||||
15 | (A) An amount equal to all amounts paid or accrued | ||||||
16 | to the taxpayer
as interest or dividends during the | ||||||
17 | taxable year to the extent excluded
from gross income | ||||||
18 | in the computation of adjusted gross income, except | ||||||
19 | stock
dividends of qualified public utilities | ||||||
20 | described in Section 305(e) of the
Internal Revenue | ||||||
21 | Code; | ||||||
22 | (B) An amount equal to the amount of tax imposed by | ||||||
23 | this Act to the
extent deducted from gross income in | ||||||
24 | the computation of adjusted gross
income for the |
| |||||||
| |||||||
1 | taxable year; | ||||||
2 | (C) An amount equal to the amount received during | ||||||
3 | the taxable year
as a recovery or refund of real | ||||||
4 | property taxes paid with respect to the
taxpayer's | ||||||
5 | principal residence under the Revenue Act of
1939 and | ||||||
6 | for which a deduction was previously taken under | ||||||
7 | subparagraph (L) of
this paragraph (2) prior to July | ||||||
8 | 1, 1991, the retrospective application date of
Article | ||||||
9 | 4 of Public Act 87-17. In the case of multi-unit or | ||||||
10 | multi-use
structures and farm dwellings, the taxes on | ||||||
11 | the taxpayer's principal residence
shall be that | ||||||
12 | portion of the total taxes for the entire property | ||||||
13 | which is
attributable to such principal residence; | ||||||
14 | (D) An amount equal to the amount of the capital | ||||||
15 | gain deduction
allowable under the Internal Revenue | ||||||
16 | Code, to the extent deducted from gross
income in the | ||||||
17 | computation of adjusted gross income; | ||||||
18 | (D-5) An amount, to the extent not included in | ||||||
19 | adjusted gross income,
equal to the amount of money | ||||||
20 | withdrawn by the taxpayer in the taxable year from
a | ||||||
21 | medical care savings account and the interest earned | ||||||
22 | on the account in the
taxable year of a withdrawal | ||||||
23 | pursuant to subsection (b) of Section 20 of the
| ||||||
24 | Medical Care Savings Account Act or subsection (b) of | ||||||
25 | Section 20 of the
Medical Care Savings Account Act of | ||||||
26 | 2000; |
| |||||||
| |||||||
1 | (D-10) For taxable years ending after December 31, | ||||||
2 | 1997, an
amount equal to any eligible remediation | ||||||
3 | costs that the individual
deducted in computing | ||||||
4 | adjusted gross income and for which the
individual | ||||||
5 | claims a credit under subsection (l) of Section 201; | ||||||
6 | (D-15) For taxable years 2001 and thereafter, an | ||||||
7 | amount equal to the
bonus depreciation deduction taken | ||||||
8 | on the taxpayer's federal income tax return for the | ||||||
9 | taxable
year under subsection (k) of Section 168 of | ||||||
10 | the Internal Revenue Code; | ||||||
11 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
12 | or otherwise disposes of property for which the | ||||||
13 | taxpayer was required in any taxable year to
make an | ||||||
14 | addition modification under subparagraph (D-15), then | ||||||
15 | an amount equal
to the aggregate amount of the | ||||||
16 | deductions taken in all taxable
years under | ||||||
17 | subparagraph (Z) with respect to that property. | ||||||
18 | If the taxpayer continues to own property through | ||||||
19 | the last day of the last tax year for which the | ||||||
20 | taxpayer may claim a depreciation deduction for | ||||||
21 | federal income tax purposes and for which the taxpayer | ||||||
22 | was allowed in any taxable year to make a subtraction | ||||||
23 | modification under subparagraph (Z), then an amount | ||||||
24 | equal to that subtraction modification.
| ||||||
25 | The taxpayer is required to make the addition | ||||||
26 | modification under this
subparagraph
only once with |
| |||||||
| |||||||
1 | respect to any one piece of property; | ||||||
2 | (D-17) An amount equal to the amount otherwise | ||||||
3 | allowed as a deduction in computing base income for | ||||||
4 | interest paid, accrued, or incurred, directly or | ||||||
5 | indirectly, (i) for taxable years ending on or after | ||||||
6 | December 31, 2004, to a foreign person who would be a | ||||||
7 | member of the same unitary business group but for the | ||||||
8 | fact that foreign person's business activity outside | ||||||
9 | the United States is 80% or more of the foreign | ||||||
10 | person's total business activity and (ii) for taxable | ||||||
11 | years ending on or after December 31, 2008, to a person | ||||||
12 | who would be a member of the same unitary business | ||||||
13 | group but for the fact that the person is prohibited | ||||||
14 | under Section 1501(a)(27) from being included in the | ||||||
15 | unitary business group because he or she is ordinarily | ||||||
16 | required to apportion business income under different | ||||||
17 | subsections of Section 304. The addition modification | ||||||
18 | required by this subparagraph shall be reduced to the | ||||||
19 | extent that dividends were included in base income of | ||||||
20 | the unitary group for the same taxable year and | ||||||
21 | received by the taxpayer or by a member of the | ||||||
22 | taxpayer's unitary business group (including amounts | ||||||
23 | included in gross income under Sections 951 through | ||||||
24 | 964 of the Internal Revenue Code and amounts included | ||||||
25 | in gross income under Section 78 of the Internal | ||||||
26 | Revenue Code) with respect to the stock of the same |
| |||||||
| |||||||
1 | person to whom the interest was paid, accrued, or | ||||||
2 | incurred. | ||||||
3 | This paragraph shall not apply to the following:
| ||||||
4 | (i) an item of interest paid, accrued, or | ||||||
5 | incurred, directly or indirectly, to a person who | ||||||
6 | is subject in a foreign country or state, other | ||||||
7 | than a state which requires mandatory unitary | ||||||
8 | reporting, to a tax on or measured by net income | ||||||
9 | with respect to such interest; or | ||||||
10 | (ii) an item of interest paid, accrued, or | ||||||
11 | incurred, directly or indirectly, to a person if | ||||||
12 | the taxpayer can establish, based on a | ||||||
13 | preponderance of the evidence, both of the | ||||||
14 | following: | ||||||
15 | (a) the person, during the same taxable | ||||||
16 | year, paid, accrued, or incurred, the interest | ||||||
17 | to a person that is not a related member, and | ||||||
18 | (b) the transaction giving rise to the | ||||||
19 | interest expense between the taxpayer and the | ||||||
20 | person did not have as a principal purpose the | ||||||
21 | avoidance of Illinois income tax, and is paid | ||||||
22 | pursuant to a contract or agreement that | ||||||
23 | reflects an arm's-length interest rate and | ||||||
24 | terms; or
| ||||||
25 | (iii) the taxpayer can establish, based on | ||||||
26 | clear and convincing evidence, that the interest |
| |||||||
| |||||||
1 | paid, accrued, or incurred relates to a contract | ||||||
2 | or agreement entered into at arm's-length rates | ||||||
3 | and terms and the principal purpose for the | ||||||
4 | payment is not federal or Illinois tax avoidance; | ||||||
5 | or
| ||||||
6 | (iv) an item of interest paid, accrued, or | ||||||
7 | incurred, directly or indirectly, to a person if | ||||||
8 | the taxpayer establishes by clear and convincing | ||||||
9 | evidence that the adjustments are unreasonable; or | ||||||
10 | if the taxpayer and the Director agree in writing | ||||||
11 | to the application or use of an alternative method | ||||||
12 | of apportionment under Section 304(f).
| ||||||
13 | Nothing in this subsection shall preclude the | ||||||
14 | Director from making any other adjustment | ||||||
15 | otherwise allowed under Section 404 of this Act | ||||||
16 | for any tax year beginning after the effective | ||||||
17 | date of this amendment provided such adjustment is | ||||||
18 | made pursuant to regulation adopted by the | ||||||
19 | Department and such regulations provide methods | ||||||
20 | and standards by which the Department will utilize | ||||||
21 | its authority under Section 404 of this Act;
| ||||||
22 | (D-18) An amount equal to the amount of intangible | ||||||
23 | expenses and costs otherwise allowed as a deduction in | ||||||
24 | computing base income, and that were paid, accrued, or | ||||||
25 | incurred, directly or indirectly, (i) for taxable | ||||||
26 | years ending on or after December 31, 2004, to a |
| |||||||
| |||||||
1 | foreign person who would be a member of the same | ||||||
2 | unitary business group but for the fact that the | ||||||
3 | foreign person's business activity outside the United | ||||||
4 | States is 80% or more of that person's total business | ||||||
5 | activity and (ii) for taxable years ending on or after | ||||||
6 | December 31, 2008, to a person who would be a member of | ||||||
7 | the same unitary business group but for the fact that | ||||||
8 | the person is prohibited under Section 1501(a)(27) | ||||||
9 | from being included in the unitary business group | ||||||
10 | because he or she is ordinarily required to apportion | ||||||
11 | business income under different subsections of Section | ||||||
12 | 304. The addition modification required by this | ||||||
13 | subparagraph shall be reduced to the extent that | ||||||
14 | dividends were included in base income of the unitary | ||||||
15 | group for the same taxable year and received by the | ||||||
16 | taxpayer or by a member of the taxpayer's unitary | ||||||
17 | business group (including amounts included in gross | ||||||
18 | income under Sections 951 through 964 of the Internal | ||||||
19 | Revenue Code and amounts included in gross income | ||||||
20 | under Section 78 of the Internal Revenue Code) with | ||||||
21 | respect to the stock of the same person to whom the | ||||||
22 | intangible expenses and costs were directly or | ||||||
23 | indirectly paid, incurred, or accrued. The preceding | ||||||
24 | sentence does not apply to the extent that the same | ||||||
25 | dividends caused a reduction to the addition | ||||||
26 | modification required under Section 203(a)(2)(D-17) of |
| |||||||
| |||||||
1 | this Act. As used in this subparagraph, the term | ||||||
2 | "intangible expenses and costs" includes (1) expenses, | ||||||
3 | losses, and costs for, or related to, the direct or | ||||||
4 | indirect acquisition, use, maintenance or management, | ||||||
5 | ownership, sale, exchange, or any other disposition of | ||||||
6 | intangible property; (2) losses incurred, directly or | ||||||
7 | indirectly, from factoring transactions or discounting | ||||||
8 | transactions; (3) royalty, patent, technical, and | ||||||
9 | copyright fees; (4) licensing fees; and (5) other | ||||||
10 | similar expenses and costs.
For purposes of this | ||||||
11 | subparagraph, "intangible property" includes patents, | ||||||
12 | patent applications, trade names, trademarks, service | ||||||
13 | marks, copyrights, mask works, trade secrets, and | ||||||
14 | similar types of intangible assets. | ||||||
15 | This paragraph shall not apply to the following: | ||||||
16 | (i) any item of intangible expenses or costs | ||||||
17 | paid, accrued, or incurred, directly or | ||||||
18 | indirectly, from a transaction with a person who | ||||||
19 | is subject in a foreign country or state, other | ||||||
20 | than a state which requires mandatory unitary | ||||||
21 | reporting, to a tax on or measured by net income | ||||||
22 | with respect to such item; or | ||||||
23 | (ii) any item of intangible expense or cost | ||||||
24 | paid, accrued, or incurred, directly or | ||||||
25 | indirectly, if the taxpayer can establish, based | ||||||
26 | on a preponderance of the evidence, both of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (a) the person during the same taxable | ||||||
3 | year paid, accrued, or incurred, the | ||||||
4 | intangible expense or cost to a person that is | ||||||
5 | not a related member, and | ||||||
6 | (b) the transaction giving rise to the | ||||||
7 | intangible expense or cost between the | ||||||
8 | taxpayer and the person did not have as a | ||||||
9 | principal purpose the avoidance of Illinois | ||||||
10 | income tax, and is paid pursuant to a contract | ||||||
11 | or agreement that reflects arm's-length terms; | ||||||
12 | or | ||||||
13 | (iii) any item of intangible expense or cost | ||||||
14 | paid, accrued, or incurred, directly or | ||||||
15 | indirectly, from a transaction with a person if | ||||||
16 | the taxpayer establishes by clear and convincing | ||||||
17 | evidence, that the adjustments are unreasonable; | ||||||
18 | or if the taxpayer and the Director agree in | ||||||
19 | writing to the application or use of an | ||||||
20 | alternative method of apportionment under Section | ||||||
21 | 304(f);
| ||||||
22 | Nothing in this subsection shall preclude the | ||||||
23 | Director from making any other adjustment | ||||||
24 | otherwise allowed under Section 404 of this Act | ||||||
25 | for any tax year beginning after the effective | ||||||
26 | date of this amendment provided such adjustment is |
| |||||||
| |||||||
1 | made pursuant to regulation adopted by the | ||||||
2 | Department and such regulations provide methods | ||||||
3 | and standards by which the Department will utilize | ||||||
4 | its authority under Section 404 of this Act;
| ||||||
5 | (D-19) For taxable years ending on or after | ||||||
6 | December 31, 2008, an amount equal to the amount of | ||||||
7 | insurance premium expenses and costs otherwise allowed | ||||||
8 | as a deduction in computing base income, and that were | ||||||
9 | paid, accrued, or incurred, directly or indirectly, to | ||||||
10 | a person who would be a member of the same unitary | ||||||
11 | business group but for the fact that the person is | ||||||
12 | prohibited under Section 1501(a)(27) from being | ||||||
13 | included in the unitary business group because he or | ||||||
14 | she is ordinarily required to apportion business | ||||||
15 | income under different subsections of Section 304. The | ||||||
16 | addition modification required by this subparagraph | ||||||
17 | shall be reduced to the extent that dividends were | ||||||
18 | included in base income of the unitary group for the | ||||||
19 | same taxable year and received by the taxpayer or by a | ||||||
20 | member of the taxpayer's unitary business group | ||||||
21 | (including amounts included in gross income under | ||||||
22 | Sections 951 through 964 of the Internal Revenue Code | ||||||
23 | and amounts included in gross income under Section 78 | ||||||
24 | of the Internal Revenue Code) with respect to the | ||||||
25 | stock of the same person to whom the premiums and costs | ||||||
26 | were directly or indirectly paid, incurred, or |
| |||||||
| |||||||
1 | accrued. The preceding sentence does not apply to the | ||||||
2 | extent that the same dividends caused a reduction to | ||||||
3 | the addition modification required under Section | ||||||
4 | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this | ||||||
5 | Act ; .
| ||||||
6 | (D-20) For taxable years beginning on or after | ||||||
7 | January 1,
2002 and ending on or before December 31, | ||||||
8 | 2006, in
the
case of a distribution from a qualified | ||||||
9 | tuition program under Section 529 of
the Internal | ||||||
10 | Revenue Code, other than (i) a distribution from a | ||||||
11 | College Savings
Pool created under Section 16.5 of the | ||||||
12 | State Treasurer Act or (ii) a
distribution from the | ||||||
13 | Illinois Prepaid Tuition Trust Fund, an amount equal | ||||||
14 | to
the amount excluded from gross income under Section | ||||||
15 | 529(c)(3)(B). For taxable years beginning on or after | ||||||
16 | January 1, 2007, in the case of a distribution from a | ||||||
17 | qualified tuition program under Section 529 of the | ||||||
18 | Internal Revenue Code, other than (i) a distribution | ||||||
19 | from a College Savings Pool created under Section 16.5 | ||||||
20 | of the State Treasurer Act, (ii) a distribution from | ||||||
21 | the Illinois Prepaid Tuition Trust Fund, or (iii) a | ||||||
22 | distribution from a qualified tuition program under | ||||||
23 | Section 529 of the Internal Revenue Code that (I) | ||||||
24 | adopts and determines that its offering materials | ||||||
25 | comply with the College Savings Plans Network's | ||||||
26 | disclosure principles and (II) has made reasonable |
| |||||||
| |||||||
1 | efforts to inform in-state residents of the existence | ||||||
2 | of in-state qualified tuition programs by informing | ||||||
3 | Illinois residents directly and, where applicable, to | ||||||
4 | inform financial intermediaries distributing the | ||||||
5 | program to inform in-state residents of the existence | ||||||
6 | of in-state qualified tuition programs at least | ||||||
7 | annually, an amount equal to the amount excluded from | ||||||
8 | gross income under Section 529(c)(3)(B). | ||||||
9 | For the purposes of this subparagraph (D-20), a | ||||||
10 | qualified tuition program has made reasonable efforts | ||||||
11 | if it makes disclosures (which may use the term | ||||||
12 | "in-state program" or "in-state plan" and need not | ||||||
13 | specifically refer to Illinois or its qualified | ||||||
14 | programs by name) (i) directly to prospective | ||||||
15 | participants in its offering materials or makes a | ||||||
16 | public disclosure, such as a website posting; and (ii) | ||||||
17 | where applicable, to intermediaries selling the | ||||||
18 | out-of-state program in the same manner that the | ||||||
19 | out-of-state program distributes its offering | ||||||
20 | materials; | ||||||
21 | (D-20.5) For taxable years beginning on or after | ||||||
22 | January 1, 2018, in the case of a distribution from a | ||||||
23 | qualified ABLE program under Section 529A of the | ||||||
24 | Internal Revenue Code, other than a distribution from | ||||||
25 | a qualified ABLE program created under Section 16.6 of | ||||||
26 | the State Treasurer Act, an amount equal to the amount |
| |||||||
| |||||||
1 | excluded from gross income under Section 529A(c)(1)(B) | ||||||
2 | of the Internal Revenue Code; | ||||||
3 | (D-21) For taxable years beginning on or after | ||||||
4 | January 1, 2007, in the case of transfer of moneys from | ||||||
5 | a qualified tuition program under Section 529 of the | ||||||
6 | Internal Revenue Code that is administered by the | ||||||
7 | State to an out-of-state program, an amount equal to | ||||||
8 | the amount of moneys previously deducted from base | ||||||
9 | income under subsection (a)(2)(Y) of this Section; | ||||||
10 | (D-21.5) For taxable years beginning on or after | ||||||
11 | January 1, 2018, in the case of the transfer of moneys | ||||||
12 | from a qualified tuition program under Section 529 or | ||||||
13 | a qualified ABLE program under Section 529A of the | ||||||
14 | Internal Revenue Code that is administered by this | ||||||
15 | State to an ABLE account established under an | ||||||
16 | out-of-state ABLE account program, an amount equal to | ||||||
17 | the contribution component of the transferred amount | ||||||
18 | that was previously deducted from base income under | ||||||
19 | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||||||
20 | Section; | ||||||
21 | (D-22) For taxable years beginning on or after | ||||||
22 | January 1, 2009, and prior to January 1, 2018, in the | ||||||
23 | case of a nonqualified withdrawal or refund of moneys | ||||||
24 | from a qualified tuition program under Section 529 of | ||||||
25 | the Internal Revenue Code administered by the State | ||||||
26 | that is not used for qualified expenses at an eligible |
| |||||||
| |||||||
1 | education institution, an amount equal to the | ||||||
2 | contribution component of the nonqualified withdrawal | ||||||
3 | or refund that was previously deducted from base | ||||||
4 | income under subsection (a)(2)(y) of this Section, | ||||||
5 | provided that the withdrawal or refund did not result | ||||||
6 | from the beneficiary's death or disability. For | ||||||
7 | taxable years beginning on or after January 1, 2018: | ||||||
8 | (1) in the case of a nonqualified withdrawal or | ||||||
9 | refund, as defined under Section
16.5 of the State | ||||||
10 | Treasurer Act, of moneys from a qualified tuition | ||||||
11 | program under Section 529 of the Internal Revenue Code | ||||||
12 | administered by the State, an amount equal to the | ||||||
13 | contribution component of the nonqualified withdrawal | ||||||
14 | or refund that was previously deducted from base
| ||||||
15 | income under subsection (a)(2)(Y) of this Section, and | ||||||
16 | (2) in the case of a nonqualified withdrawal or refund | ||||||
17 | from a qualified ABLE program under Section 529A of | ||||||
18 | the Internal Revenue Code administered by the State | ||||||
19 | that is not used for qualified disability expenses, an | ||||||
20 | amount equal to the contribution component of the | ||||||
21 | nonqualified withdrawal or refund that was previously | ||||||
22 | deducted from base income under subsection (a)(2)(HH) | ||||||
23 | of this Section; | ||||||
24 | (D-23) An amount equal to the credit allowable to | ||||||
25 | the taxpayer under Section 218(a) of this Act, | ||||||
26 | determined without regard to Section 218(c) of this |
| |||||||
| |||||||
1 | Act; | ||||||
2 | (D-24) For taxable years ending on or after | ||||||
3 | December 31, 2017, an amount equal to the deduction | ||||||
4 | allowed under Section 199 of the Internal Revenue Code | ||||||
5 | for the taxable year; | ||||||
6 | and by deducting from the total so obtained the
sum of the | ||||||
7 | following amounts: | ||||||
8 | (E) For taxable years ending before December 31, | ||||||
9 | 2001,
any amount included in such total in respect of | ||||||
10 | any compensation
(including but not limited to any | ||||||
11 | compensation paid or accrued to a
serviceman while a | ||||||
12 | prisoner of war or missing in action) paid to a | ||||||
13 | resident
by reason of being on active duty in the Armed | ||||||
14 | Forces of the United States
and in respect of any | ||||||
15 | compensation paid or accrued to a resident who as a
| ||||||
16 | governmental employee was a prisoner of war or missing | ||||||
17 | in action, and in
respect of any compensation paid to a | ||||||
18 | resident in 1971 or thereafter for
annual training | ||||||
19 | performed pursuant to Sections 502 and 503, Title 32,
| ||||||
20 | United States Code as a member of the Illinois | ||||||
21 | National Guard or, beginning with taxable years ending | ||||||
22 | on or after December 31, 2007, the National Guard of | ||||||
23 | any other state.
For taxable years ending on or after | ||||||
24 | December 31, 2001, any amount included in
such total | ||||||
25 | in respect of any compensation (including but not | ||||||
26 | limited to any
compensation paid or accrued to a |
| |||||||
| |||||||
1 | serviceman while a prisoner of war or missing
in | ||||||
2 | action) paid to a resident by reason of being a member | ||||||
3 | of any component of
the Armed Forces of the United | ||||||
4 | States and in respect of any compensation paid
or | ||||||
5 | accrued to a resident who as a governmental employee | ||||||
6 | was a prisoner of war
or missing in action, and in | ||||||
7 | respect of any compensation paid to a resident in
2001 | ||||||
8 | or thereafter by reason of being a member of the | ||||||
9 | Illinois National Guard or, beginning with taxable | ||||||
10 | years ending on or after December 31, 2007, the | ||||||
11 | National Guard of any other state.
The provisions of | ||||||
12 | this subparagraph (E) are exempt
from the provisions | ||||||
13 | of Section 250; | ||||||
14 | (F) An amount equal to all amounts included in | ||||||
15 | such total pursuant
to the provisions of Sections | ||||||
16 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a),
and | ||||||
17 | 408 of the Internal Revenue Code, or included in such | ||||||
18 | total as
distributions under the provisions of any | ||||||
19 | retirement or disability plan for
employees of any | ||||||
20 | governmental agency or unit, or retirement payments to
| ||||||
21 | retired partners, which payments are excluded in | ||||||
22 | computing net earnings
from self employment by Section | ||||||
23 | 1402 of the Internal Revenue Code and
regulations | ||||||
24 | adopted pursuant thereto; | ||||||
25 | (G) The valuation limitation amount; | ||||||
26 | (H) An amount equal to the amount of any tax |
| |||||||
| |||||||
1 | imposed by this Act
which was refunded to the taxpayer | ||||||
2 | and included in such total for the
taxable year; | ||||||
3 | (I) An amount equal to all amounts included in | ||||||
4 | such total pursuant
to the provisions of Section 111 | ||||||
5 | of the Internal Revenue Code as a
recovery of items | ||||||
6 | previously deducted from adjusted gross income in the
| ||||||
7 | computation of taxable income; | ||||||
8 | (J) An amount equal to those dividends included in | ||||||
9 | such total which were
paid by a corporation which | ||||||
10 | conducts business operations in a River Edge | ||||||
11 | Redevelopment Zone or zones created under the River | ||||||
12 | Edge Redevelopment Zone Act, and conducts
| ||||||
13 | substantially all of its operations in a River Edge | ||||||
14 | Redevelopment Zone or zones. This subparagraph (J) is | ||||||
15 | exempt from the provisions of Section 250; | ||||||
16 | (K) An amount equal to those dividends included in | ||||||
17 | such total that
were paid by a corporation that | ||||||
18 | conducts business operations in a federally
designated | ||||||
19 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
20 | a High Impact
Business located in Illinois; provided | ||||||
21 | that dividends eligible for the
deduction provided in | ||||||
22 | subparagraph (J) of paragraph (2) of this subsection
| ||||||
23 | shall not be eligible for the deduction provided under | ||||||
24 | this subparagraph
(K); | ||||||
25 | (L) For taxable years ending after December 31, | ||||||
26 | 1983, an amount equal to
all social security benefits |
| |||||||
| |||||||
1 | and railroad retirement benefits included in
such | ||||||
2 | total pursuant to Sections 72(r) and 86 of the | ||||||
3 | Internal Revenue Code; | ||||||
4 | (M) With the exception of any amounts subtracted | ||||||
5 | under subparagraph
(N), an amount equal to the sum of | ||||||
6 | all amounts disallowed as
deductions by (i) Sections | ||||||
7 | 171(a)(2) , and 265(a)(2) of the Internal Revenue Code, | ||||||
8 | and all amounts of expenses allocable
to interest and | ||||||
9 | disallowed as deductions by Section 265(a)(1) of the | ||||||
10 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
11 | ending on or after August 13, 1999, Sections | ||||||
12 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
13 | Internal Revenue Code, plus, for taxable years ending | ||||||
14 | on or after December 31, 2011, Section 45G(e)(3) of | ||||||
15 | the Internal Revenue Code and, for taxable years | ||||||
16 | ending on or after December 31, 2008, any amount | ||||||
17 | included in gross income under Section 87 of the | ||||||
18 | Internal Revenue Code; the provisions of this
| ||||||
19 | subparagraph are exempt from the provisions of Section | ||||||
20 | 250; | ||||||
21 | (N) An amount equal to all amounts included in | ||||||
22 | such total which are
exempt from taxation by this | ||||||
23 | State either by reason of its statutes or
Constitution
| ||||||
24 | or by reason of the Constitution, treaties or statutes | ||||||
25 | of the United States;
provided that, in the case of any | ||||||
26 | statute of this State that exempts income
derived from |
| |||||||
| |||||||
1 | bonds or other obligations from the tax imposed under | ||||||
2 | this Act,
the amount exempted shall be the interest | ||||||
3 | net of bond premium amortization; | ||||||
4 | (O) An amount equal to any contribution made to a | ||||||
5 | job training
project established pursuant to the Tax | ||||||
6 | Increment Allocation Redevelopment Act; | ||||||
7 | (P) An amount equal to the amount of the deduction | ||||||
8 | used to compute the
federal income tax credit for | ||||||
9 | restoration of substantial amounts held under
claim of | ||||||
10 | right for the taxable year pursuant to Section 1341 of | ||||||
11 | the
Internal Revenue Code or of any itemized deduction | ||||||
12 | taken from adjusted gross income in the computation of | ||||||
13 | taxable income for restoration of substantial amounts | ||||||
14 | held under claim of right for the taxable year; | ||||||
15 | (Q) An amount equal to any amounts included in | ||||||
16 | such total, received by
the taxpayer as an | ||||||
17 | acceleration in the payment of life, endowment or | ||||||
18 | annuity
benefits in advance of the time they would | ||||||
19 | otherwise be payable as an indemnity
for a terminal | ||||||
20 | illness; | ||||||
21 | (R) An amount equal to the amount of any federal or | ||||||
22 | State bonus paid
to veterans of the Persian Gulf War; | ||||||
23 | (S) An amount, to the extent included in adjusted | ||||||
24 | gross income, equal
to the amount of a contribution | ||||||
25 | made in the taxable year on behalf of the
taxpayer to a | ||||||
26 | medical care savings account established under the |
| |||||||
| |||||||
1 | Medical Care
Savings Account Act or the Medical Care | ||||||
2 | Savings Account Act of 2000 to the
extent the | ||||||
3 | contribution is accepted by the account
administrator | ||||||
4 | as provided in that Act; | ||||||
5 | (T) An amount, to the extent included in adjusted | ||||||
6 | gross income, equal to
the amount of interest earned | ||||||
7 | in the taxable year on a medical care savings
account | ||||||
8 | established under the Medical Care Savings Account Act | ||||||
9 | or the Medical
Care Savings Account Act of 2000 on | ||||||
10 | behalf of the
taxpayer, other than interest added | ||||||
11 | pursuant to item (D-5) of this paragraph
(2); | ||||||
12 | (U) For one taxable year beginning on or after | ||||||
13 | January 1,
1994, an
amount equal to the total amount of | ||||||
14 | tax imposed and paid under subsections (a)
and (b) of | ||||||
15 | Section 201 of this Act on grant amounts received by | ||||||
16 | the taxpayer
under the Nursing Home Grant Assistance | ||||||
17 | Act during the taxpayer's taxable years
1992 and 1993; | ||||||
18 | (V) Beginning with tax years ending on or after | ||||||
19 | December 31, 1995 and
ending with tax years ending on | ||||||
20 | or before December 31, 2004, an amount equal to
the | ||||||
21 | amount paid by a taxpayer who is a
self-employed | ||||||
22 | taxpayer, a partner of a partnership, or a
shareholder | ||||||
23 | in a Subchapter S corporation for health insurance or | ||||||
24 | long-term
care insurance for that taxpayer or that | ||||||
25 | taxpayer's spouse or dependents, to
the extent that | ||||||
26 | the amount paid for that health insurance or long-term |
| |||||||
| |||||||
1 | care
insurance may be deducted under Section 213 of | ||||||
2 | the Internal Revenue Code, has not been deducted on | ||||||
3 | the federal income tax return of the taxpayer,
and | ||||||
4 | does not exceed the taxable income attributable to | ||||||
5 | that taxpayer's income,
self-employment income, or | ||||||
6 | Subchapter S corporation income; except that no
| ||||||
7 | deduction shall be allowed under this item (V) if the | ||||||
8 | taxpayer is eligible to
participate in any health | ||||||
9 | insurance or long-term care insurance plan of an
| ||||||
10 | employer of the taxpayer or the taxpayer's
spouse. The | ||||||
11 | amount of the health insurance and long-term care | ||||||
12 | insurance
subtracted under this item (V) shall be | ||||||
13 | determined by multiplying total
health insurance and | ||||||
14 | long-term care insurance premiums paid by the taxpayer
| ||||||
15 | times a number that represents the fractional | ||||||
16 | percentage of eligible medical
expenses under Section | ||||||
17 | 213 of the Internal Revenue Code of 1986 not actually
| ||||||
18 | deducted on the taxpayer's federal income tax return; | ||||||
19 | (W) For taxable years beginning on or after | ||||||
20 | January 1, 1998,
all amounts included in the | ||||||
21 | taxpayer's federal gross income
in the taxable year | ||||||
22 | from amounts converted from a regular IRA to a Roth | ||||||
23 | IRA.
This paragraph is exempt from the provisions of | ||||||
24 | Section
250; | ||||||
25 | (X) For taxable year 1999 and thereafter, an | ||||||
26 | amount equal to the
amount of any (i) distributions, |
| |||||||
| |||||||
1 | to the extent includible in gross income for
federal | ||||||
2 | income tax purposes, made to the taxpayer because of | ||||||
3 | his or her status
as a victim of persecution for racial | ||||||
4 | or religious reasons by Nazi Germany or
any other Axis | ||||||
5 | regime or as an heir of the victim and (ii) items
of | ||||||
6 | income, to the extent
includible in gross income for | ||||||
7 | federal income tax purposes, attributable to,
derived | ||||||
8 | from or in any way related to assets stolen from, | ||||||
9 | hidden from, or
otherwise lost to a victim of
| ||||||
10 | persecution for racial or religious reasons by Nazi | ||||||
11 | Germany or any other Axis
regime immediately prior to, | ||||||
12 | during, and immediately after World War II,
including, | ||||||
13 | but
not limited to, interest on the proceeds | ||||||
14 | receivable as insurance
under policies issued to a | ||||||
15 | victim of persecution for racial or religious
reasons
| ||||||
16 | by Nazi Germany or any other Axis regime by European | ||||||
17 | insurance companies
immediately prior to and during | ||||||
18 | World War II;
provided, however, this subtraction from | ||||||
19 | federal adjusted gross income does not
apply to assets | ||||||
20 | acquired with such assets or with the proceeds from | ||||||
21 | the sale of
such assets; provided, further, this | ||||||
22 | paragraph shall only apply to a taxpayer
who was the | ||||||
23 | first recipient of such assets after their recovery | ||||||
24 | and who is a
victim of persecution for racial or | ||||||
25 | religious reasons
by Nazi Germany or any other Axis | ||||||
26 | regime or as an heir of the victim. The
amount of and |
| |||||||
| |||||||
1 | the eligibility for any public assistance, benefit, or
| ||||||
2 | similar entitlement is not affected by the inclusion | ||||||
3 | of items (i) and (ii) of
this paragraph in gross income | ||||||
4 | for federal income tax purposes.
This paragraph is | ||||||
5 | exempt from the provisions of Section 250; | ||||||
6 | (Y) For taxable years beginning on or after | ||||||
7 | January 1, 2002
and ending
on or before December 31, | ||||||
8 | 2004, moneys contributed in the taxable year to a | ||||||
9 | College Savings Pool account under
Section 16.5 of the | ||||||
10 | State Treasurer Act, except that amounts excluded from
| ||||||
11 | gross income under Section 529(c)(3)(C)(i) of the | ||||||
12 | Internal Revenue Code
shall not be considered moneys | ||||||
13 | contributed under this subparagraph (Y). For taxable | ||||||
14 | years beginning on or after January 1, 2005, a maximum | ||||||
15 | of $10,000
contributed
in the
taxable year to (i) a | ||||||
16 | College Savings Pool account under Section 16.5 of the
| ||||||
17 | State
Treasurer Act or (ii) the Illinois Prepaid | ||||||
18 | Tuition Trust Fund,
except that
amounts excluded from | ||||||
19 | gross income under Section 529(c)(3)(C)(i) of the
| ||||||
20 | Internal
Revenue Code shall not be considered moneys | ||||||
21 | contributed under this subparagraph
(Y). For purposes | ||||||
22 | of this subparagraph, contributions made by an | ||||||
23 | employer on behalf of an employee, or matching | ||||||
24 | contributions made by an employee, shall be treated as | ||||||
25 | made by the employee. This
subparagraph (Y) is exempt | ||||||
26 | from the provisions of Section 250; |
| |||||||
| |||||||
1 | (Z) For taxable years 2001 and thereafter, for the | ||||||
2 | taxable year in
which the bonus depreciation deduction
| ||||||
3 | is taken on the taxpayer's federal income tax return | ||||||
4 | under
subsection (k) of Section 168 of the Internal | ||||||
5 | Revenue Code and for each
applicable taxable year | ||||||
6 | thereafter, an amount equal to "x", where: | ||||||
7 | (1) "y" equals the amount of the depreciation | ||||||
8 | deduction taken for the
taxable year
on the | ||||||
9 | taxpayer's federal income tax return on property | ||||||
10 | for which the bonus
depreciation deduction
was | ||||||
11 | taken in any year under subsection (k) of Section | ||||||
12 | 168 of the Internal
Revenue Code, but not | ||||||
13 | including the bonus depreciation deduction; | ||||||
14 | (2) for taxable years ending on or before | ||||||
15 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
16 | and then divided by 70 (or "y"
multiplied by | ||||||
17 | 0.429); and | ||||||
18 | (3) for taxable years ending after December | ||||||
19 | 31, 2005: | ||||||
20 | (i) for property on which a bonus | ||||||
21 | depreciation deduction of 30% of the adjusted | ||||||
22 | basis was taken, "x" equals "y" multiplied by | ||||||
23 | 30 and then divided by 70 (or "y"
multiplied | ||||||
24 | by 0.429); and | ||||||
25 | (ii) for property on which a bonus | ||||||
26 | depreciation deduction of 50% of the adjusted |
| |||||||
| |||||||
1 | basis was taken, "x" equals "y" multiplied by | ||||||
2 | 1.0. | ||||||
3 | The aggregate amount deducted under this | ||||||
4 | subparagraph in all taxable
years for any one piece of | ||||||
5 | property may not exceed the amount of the bonus
| ||||||
6 | depreciation deduction
taken on that property on the | ||||||
7 | taxpayer's federal income tax return under
subsection | ||||||
8 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
9 | subparagraph (Z) is exempt from the provisions of | ||||||
10 | Section 250; | ||||||
11 | (AA) If the taxpayer sells, transfers, abandons, | ||||||
12 | or otherwise disposes of
property for which the | ||||||
13 | taxpayer was required in any taxable year to make an
| ||||||
14 | addition modification under subparagraph (D-15), then | ||||||
15 | an amount equal to that
addition modification.
| ||||||
16 | If the taxpayer continues to own property through | ||||||
17 | the last day of the last tax year for which the | ||||||
18 | taxpayer may claim a depreciation deduction for | ||||||
19 | federal income tax purposes and for which the taxpayer | ||||||
20 | was required in any taxable year to make an addition | ||||||
21 | modification under subparagraph (D-15), then an amount | ||||||
22 | equal to that addition modification.
| ||||||
23 | The taxpayer is allowed to take the deduction | ||||||
24 | under this subparagraph
only once with respect to any | ||||||
25 | one piece of property. | ||||||
26 | This subparagraph (AA) is exempt from the |
| |||||||
| |||||||
1 | provisions of Section 250; | ||||||
2 | (BB) Any amount included in adjusted gross income, | ||||||
3 | other
than
salary,
received by a driver in a | ||||||
4 | ridesharing arrangement using a motor vehicle; | ||||||
5 | (CC) The amount of (i) any interest income (net of | ||||||
6 | the deductions allocable thereto) taken into account | ||||||
7 | for the taxable year with respect to a transaction | ||||||
8 | with a taxpayer that is required to make an addition | ||||||
9 | modification with respect to such transaction under | ||||||
10 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
11 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
12 | the amount of that addition modification, and
(ii) any | ||||||
13 | income from intangible property (net of the deductions | ||||||
14 | allocable thereto) taken into account for the taxable | ||||||
15 | year with respect to a transaction with a taxpayer | ||||||
16 | that is required to make an addition modification with | ||||||
17 | respect to such transaction under Section | ||||||
18 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
19 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
20 | addition modification. This subparagraph (CC) is | ||||||
21 | exempt from the provisions of Section 250; | ||||||
22 | (DD) An amount equal to the interest income taken | ||||||
23 | into account for the taxable year (net of the | ||||||
24 | deductions allocable thereto) with respect to | ||||||
25 | transactions with (i) a foreign person who would be a | ||||||
26 | member of the taxpayer's unitary business group but |
| |||||||
| |||||||
1 | for the fact that the foreign person's business | ||||||
2 | activity outside the United States is 80% or more of | ||||||
3 | that person's total business activity and (ii) for | ||||||
4 | taxable years ending on or after December 31, 2008, to | ||||||
5 | a person who would be a member of the same unitary | ||||||
6 | business group but for the fact that the person is | ||||||
7 | prohibited under Section 1501(a)(27) from being | ||||||
8 | included in the unitary business group because he or | ||||||
9 | she is ordinarily required to apportion business | ||||||
10 | income under different subsections of Section 304, but | ||||||
11 | not to exceed the addition modification required to be | ||||||
12 | made for the same taxable year under Section | ||||||
13 | 203(a)(2)(D-17) for interest paid, accrued, or | ||||||
14 | incurred, directly or indirectly, to the same person. | ||||||
15 | This subparagraph (DD) is exempt from the provisions | ||||||
16 | of Section 250; | ||||||
17 | (EE) An amount equal to the income from intangible | ||||||
18 | property taken into account for the taxable year (net | ||||||
19 | of the deductions allocable thereto) with respect to | ||||||
20 | transactions with (i) a foreign person who would be a | ||||||
21 | member of the taxpayer's unitary business group but | ||||||
22 | for the fact that the foreign person's business | ||||||
23 | activity outside the United States is 80% or more of | ||||||
24 | that person's total business activity and (ii) for | ||||||
25 | taxable years ending on or after December 31, 2008, to | ||||||
26 | a person who would be a member of the same unitary |
| |||||||
| |||||||
1 | business group but for the fact that the person is | ||||||
2 | prohibited under Section 1501(a)(27) from being | ||||||
3 | included in the unitary business group because he or | ||||||
4 | she is ordinarily required to apportion business | ||||||
5 | income under different subsections of Section 304, but | ||||||
6 | not to exceed the addition modification required to be | ||||||
7 | made for the same taxable year under Section | ||||||
8 | 203(a)(2)(D-18) for intangible expenses and costs | ||||||
9 | paid, accrued, or incurred, directly or indirectly, to | ||||||
10 | the same foreign person. This subparagraph (EE) is | ||||||
11 | exempt from the provisions of Section 250; | ||||||
12 | (FF) An amount equal to any amount awarded to the | ||||||
13 | taxpayer during the taxable year by the Court of | ||||||
14 | Claims under subsection (c) of Section 8 of the Court | ||||||
15 | of Claims Act for time unjustly served in a State | ||||||
16 | prison. This subparagraph (FF) is exempt from the | ||||||
17 | provisions of Section 250; | ||||||
18 | (GG) For taxable years ending on or after December | ||||||
19 | 31, 2011, in the case of a taxpayer who was required to | ||||||
20 | add back any insurance premiums under Section | ||||||
21 | 203(a)(2)(D-19), such taxpayer may elect to subtract | ||||||
22 | that part of a reimbursement received from the | ||||||
23 | insurance company equal to the amount of the expense | ||||||
24 | or loss (including expenses incurred by the insurance | ||||||
25 | company) that would have been taken into account as a | ||||||
26 | deduction for federal income tax purposes if the |
| |||||||
| |||||||
1 | expense or loss had been uninsured. If a taxpayer | ||||||
2 | makes the election provided for by this subparagraph | ||||||
3 | (GG), the insurer to which the premiums were paid must | ||||||
4 | add back to income the amount subtracted by the | ||||||
5 | taxpayer pursuant to this subparagraph (GG). This | ||||||
6 | subparagraph (GG) is exempt from the provisions of | ||||||
7 | Section 250; and | ||||||
8 | (HH) For taxable years beginning on or after | ||||||
9 | January 1, 2018 and prior to January 1, 2023, a maximum | ||||||
10 | of $10,000 contributed in the taxable year to a | ||||||
11 | qualified ABLE account under Section 16.6 of the State | ||||||
12 | Treasurer Act, except that amounts excluded from gross | ||||||
13 | income under Section 529(c)(3)(C)(i) or Section | ||||||
14 | 529A(c)(1)(C) of the Internal Revenue Code shall not | ||||||
15 | be considered moneys contributed under this | ||||||
16 | subparagraph (HH). For purposes of this subparagraph | ||||||
17 | (HH), contributions made by an employer on behalf of | ||||||
18 | an employee, or matching contributions made by an | ||||||
19 | employee, shall be treated as made by the employee.
| ||||||
20 | (b) Corporations. | ||||||
21 | (1) In general. In the case of a corporation, base | ||||||
22 | income means an
amount equal to the taxpayer's taxable | ||||||
23 | income for the taxable year as
modified by paragraph (2). | ||||||
24 | (2) Modifications. The taxable income referred to in | ||||||
25 | paragraph (1)
shall be modified by adding thereto the sum |
| |||||||
| |||||||
1 | of the following amounts: | ||||||
2 | (A) An amount equal to all amounts paid or accrued | ||||||
3 | to the taxpayer
as interest and all distributions | ||||||
4 | received from regulated investment
companies during | ||||||
5 | the taxable year to the extent excluded from gross
| ||||||
6 | income in the computation of taxable income; | ||||||
7 | (B) An amount equal to the amount of tax imposed by | ||||||
8 | this Act to the
extent deducted from gross income in | ||||||
9 | the computation of taxable income
for the taxable | ||||||
10 | year; | ||||||
11 | (C) In the case of a regulated investment company, | ||||||
12 | an amount equal to
the excess of (i) the net long-term | ||||||
13 | capital gain for the taxable year, over
(ii) the | ||||||
14 | amount of the capital gain dividends designated as | ||||||
15 | such in accordance
with Section 852(b)(3)(C) of the | ||||||
16 | Internal Revenue Code and any amount
designated under | ||||||
17 | Section 852(b)(3)(D) of the Internal Revenue Code,
| ||||||
18 | attributable to the taxable year (this amendatory Act | ||||||
19 | of 1995
(Public Act 89-89) is declarative of existing | ||||||
20 | law and is not a new
enactment); | ||||||
21 | (D) The amount of any net operating loss deduction | ||||||
22 | taken in arriving
at taxable income, other than a net | ||||||
23 | operating loss carried forward from a
taxable year | ||||||
24 | ending prior to December 31, 1986; | ||||||
25 | (E) For taxable years in which a net operating | ||||||
26 | loss carryback or
carryforward from a taxable year |
| |||||||
| |||||||
1 | ending prior to December 31, 1986 is an
element of | ||||||
2 | taxable income under paragraph (1) of subsection (e) | ||||||
3 | or
subparagraph (E) of paragraph (2) of subsection | ||||||
4 | (e), the amount by which
addition modifications other | ||||||
5 | than those provided by this subparagraph (E)
exceeded | ||||||
6 | subtraction modifications in such earlier taxable | ||||||
7 | year, with the
following limitations applied in the | ||||||
8 | order that they are listed: | ||||||
9 | (i) the addition modification relating to the | ||||||
10 | net operating loss
carried back or forward to the | ||||||
11 | taxable year from any taxable year ending
prior to | ||||||
12 | December 31, 1986 shall be reduced by the amount | ||||||
13 | of addition
modification under this subparagraph | ||||||
14 | (E) which related to that net operating
loss and | ||||||
15 | which was taken into account in calculating the | ||||||
16 | base income of an
earlier taxable year, and | ||||||
17 | (ii) the addition modification relating to the | ||||||
18 | net operating loss
carried back or forward to the | ||||||
19 | taxable year from any taxable year ending
prior to | ||||||
20 | December 31, 1986 shall not exceed the amount of | ||||||
21 | such carryback or
carryforward; | ||||||
22 | For taxable years in which there is a net | ||||||
23 | operating loss carryback or
carryforward from more | ||||||
24 | than one other taxable year ending prior to December
| ||||||
25 | 31, 1986, the addition modification provided in this | ||||||
26 | subparagraph (E) shall
be the sum of the amounts |
| |||||||
| |||||||
1 | computed independently under the preceding
provisions | ||||||
2 | of this subparagraph (E) for each such taxable year; | ||||||
3 | (E-5) For taxable years ending after December 31, | ||||||
4 | 1997, an
amount equal to any eligible remediation | ||||||
5 | costs that the corporation
deducted in computing | ||||||
6 | adjusted gross income and for which the
corporation | ||||||
7 | claims a credit under subsection (l) of Section 201; | ||||||
8 | (E-10) For taxable years 2001 and thereafter, an | ||||||
9 | amount equal to the
bonus depreciation deduction taken | ||||||
10 | on the taxpayer's federal income tax return for the | ||||||
11 | taxable
year under subsection (k) of Section 168 of | ||||||
12 | the Internal Revenue Code; | ||||||
13 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
14 | or otherwise disposes of property for which the | ||||||
15 | taxpayer was required in any taxable year to
make an | ||||||
16 | addition modification under subparagraph (E-10), then | ||||||
17 | an amount equal
to the aggregate amount of the | ||||||
18 | deductions taken in all taxable
years under | ||||||
19 | subparagraph (T) with respect to that property. | ||||||
20 | If the taxpayer continues to own property through | ||||||
21 | the last day of the last tax year for which the | ||||||
22 | taxpayer may claim a depreciation deduction for | ||||||
23 | federal income tax purposes and for which the taxpayer | ||||||
24 | was allowed in any taxable year to make a subtraction | ||||||
25 | modification under subparagraph (T), then an amount | ||||||
26 | equal to that subtraction modification.
|
| |||||||
| |||||||
1 | The taxpayer is required to make the addition | ||||||
2 | modification under this
subparagraph
only once with | ||||||
3 | respect to any one piece of property; | ||||||
4 | (E-12) An amount equal to the amount otherwise | ||||||
5 | allowed as a deduction in computing base income for | ||||||
6 | interest paid, accrued, or incurred, directly or | ||||||
7 | indirectly, (i) for taxable years ending on or after | ||||||
8 | December 31, 2004, to a foreign person who would be a | ||||||
9 | member of the same unitary business group but for the | ||||||
10 | fact the foreign person's business activity outside | ||||||
11 | the United States is 80% or more of the foreign | ||||||
12 | person's total business activity and (ii) for taxable | ||||||
13 | years ending on or after December 31, 2008, to a person | ||||||
14 | who would be a member of the same unitary business | ||||||
15 | group but for the fact that the person is prohibited | ||||||
16 | under Section 1501(a)(27) from being included in the | ||||||
17 | unitary business group because he or she is ordinarily | ||||||
18 | required to apportion business income under different | ||||||
19 | subsections of Section 304. The addition modification | ||||||
20 | required by this subparagraph shall be reduced to the | ||||||
21 | extent that dividends were included in base income of | ||||||
22 | the unitary group for the same taxable year and | ||||||
23 | received by the taxpayer or by a member of the | ||||||
24 | taxpayer's unitary business group (including amounts | ||||||
25 | included in gross income pursuant to Sections 951 | ||||||
26 | through 964 of the Internal Revenue Code and amounts |
| |||||||
| |||||||
1 | included in gross income under Section 78 of the | ||||||
2 | Internal Revenue Code) with respect to the stock of | ||||||
3 | the same person to whom the interest was paid, | ||||||
4 | accrued, or incurred.
| ||||||
5 | This paragraph shall not apply to the following:
| ||||||
6 | (i) an item of interest paid, accrued, or | ||||||
7 | incurred, directly or indirectly, to a person who | ||||||
8 | is subject in a foreign country or state, other | ||||||
9 | than a state which requires mandatory unitary | ||||||
10 | reporting, to a tax on or measured by net income | ||||||
11 | with respect to such interest; or | ||||||
12 | (ii) an item of interest paid, accrued, or | ||||||
13 | incurred, directly or indirectly, to a person if | ||||||
14 | the taxpayer can establish, based on a | ||||||
15 | preponderance of the evidence, both of the | ||||||
16 | following: | ||||||
17 | (a) the person, during the same taxable | ||||||
18 | year, paid, accrued, or incurred, the interest | ||||||
19 | to a person that is not a related member, and | ||||||
20 | (b) the transaction giving rise to the | ||||||
21 | interest expense between the taxpayer and the | ||||||
22 | person did not have as a principal purpose the | ||||||
23 | avoidance of Illinois income tax, and is paid | ||||||
24 | pursuant to a contract or agreement that | ||||||
25 | reflects an arm's-length interest rate and | ||||||
26 | terms; or
|
| |||||||
| |||||||
1 | (iii) the taxpayer can establish, based on | ||||||
2 | clear and convincing evidence, that the interest | ||||||
3 | paid, accrued, or incurred relates to a contract | ||||||
4 | or agreement entered into at arm's-length rates | ||||||
5 | and terms and the principal purpose for the | ||||||
6 | payment is not federal or Illinois tax avoidance; | ||||||
7 | or
| ||||||
8 | (iv) an item of interest paid, accrued, or | ||||||
9 | incurred, directly or indirectly, to a person if | ||||||
10 | the taxpayer establishes by clear and convincing | ||||||
11 | evidence that the adjustments are unreasonable; or | ||||||
12 | if the taxpayer and the Director agree in writing | ||||||
13 | to the application or use of an alternative method | ||||||
14 | of apportionment under Section 304(f).
| ||||||
15 | Nothing in this subsection shall preclude the | ||||||
16 | Director from making any other adjustment | ||||||
17 | otherwise allowed under Section 404 of this Act | ||||||
18 | for any tax year beginning after the effective | ||||||
19 | date of this amendment provided such adjustment is | ||||||
20 | made pursuant to regulation adopted by the | ||||||
21 | Department and such regulations provide methods | ||||||
22 | and standards by which the Department will utilize | ||||||
23 | its authority under Section 404 of this Act;
| ||||||
24 | (E-13) An amount equal to the amount of intangible | ||||||
25 | expenses and costs otherwise allowed as a deduction in | ||||||
26 | computing base income, and that were paid, accrued, or |
| |||||||
| |||||||
1 | incurred, directly or indirectly, (i) for taxable | ||||||
2 | years ending on or after December 31, 2004, to a | ||||||
3 | foreign person who would be a member of the same | ||||||
4 | unitary business group but for the fact that the | ||||||
5 | foreign person's business activity outside the United | ||||||
6 | States is 80% or more of that person's total business | ||||||
7 | activity and (ii) for taxable years ending on or after | ||||||
8 | December 31, 2008, to a person who would be a member of | ||||||
9 | the same unitary business group but for the fact that | ||||||
10 | the person is prohibited under Section 1501(a)(27) | ||||||
11 | from being included in the unitary business group | ||||||
12 | because he or she is ordinarily required to apportion | ||||||
13 | business income under different subsections of Section | ||||||
14 | 304. The addition modification required by this | ||||||
15 | subparagraph shall be reduced to the extent that | ||||||
16 | dividends were included in base income of the unitary | ||||||
17 | group for the same taxable year and received by the | ||||||
18 | taxpayer or by a member of the taxpayer's unitary | ||||||
19 | business group (including amounts included in gross | ||||||
20 | income pursuant to Sections 951 through 964 of the | ||||||
21 | Internal Revenue Code and amounts included in gross | ||||||
22 | income under Section 78 of the Internal Revenue Code) | ||||||
23 | with respect to the stock of the same person to whom | ||||||
24 | the intangible expenses and costs were directly or | ||||||
25 | indirectly paid, incurred, or accrued. The preceding | ||||||
26 | sentence shall not apply to the extent that the same |
| |||||||
| |||||||
1 | dividends caused a reduction to the addition | ||||||
2 | modification required under Section 203(b)(2)(E-12) of | ||||||
3 | this Act.
As used in this subparagraph, the term | ||||||
4 | "intangible expenses and costs" includes (1) expenses, | ||||||
5 | losses, and costs for, or related to, the direct or | ||||||
6 | indirect acquisition, use, maintenance or management, | ||||||
7 | ownership, sale, exchange, or any other disposition of | ||||||
8 | intangible property; (2) losses incurred, directly or | ||||||
9 | indirectly, from factoring transactions or discounting | ||||||
10 | transactions; (3) royalty, patent, technical, and | ||||||
11 | copyright fees; (4) licensing fees; and (5) other | ||||||
12 | similar expenses and costs.
For purposes of this | ||||||
13 | subparagraph, "intangible property" includes patents, | ||||||
14 | patent applications, trade names, trademarks, service | ||||||
15 | marks, copyrights, mask works, trade secrets, and | ||||||
16 | similar types of intangible assets. | ||||||
17 | This paragraph shall not apply to the following: | ||||||
18 | (i) any item of intangible expenses or costs | ||||||
19 | paid, accrued, or incurred, directly or | ||||||
20 | indirectly, from a transaction with a person who | ||||||
21 | is subject in a foreign country or state, other | ||||||
22 | than a state which requires mandatory unitary | ||||||
23 | reporting, to a tax on or measured by net income | ||||||
24 | with respect to such item; or | ||||||
25 | (ii) any item of intangible expense or cost | ||||||
26 | paid, accrued, or incurred, directly or |
| |||||||
| |||||||
1 | indirectly, if the taxpayer can establish, based | ||||||
2 | on a preponderance of the evidence, both of the | ||||||
3 | following: | ||||||
4 | (a) the person during the same taxable | ||||||
5 | year paid, accrued, or incurred, the | ||||||
6 | intangible expense or cost to a person that is | ||||||
7 | not a related member, and | ||||||
8 | (b) the transaction giving rise to the | ||||||
9 | intangible expense or cost between the | ||||||
10 | taxpayer and the person did not have as a | ||||||
11 | principal purpose the avoidance of Illinois | ||||||
12 | income tax, and is paid pursuant to a contract | ||||||
13 | or agreement that reflects arm's-length terms; | ||||||
14 | or | ||||||
15 | (iii) any item of intangible expense or cost | ||||||
16 | paid, accrued, or incurred, directly or | ||||||
17 | indirectly, from a transaction with a person if | ||||||
18 | the taxpayer establishes by clear and convincing | ||||||
19 | evidence, that the adjustments are unreasonable; | ||||||
20 | or if the taxpayer and the Director agree in | ||||||
21 | writing to the application or use of an | ||||||
22 | alternative method of apportionment under Section | ||||||
23 | 304(f);
| ||||||
24 | Nothing in this subsection shall preclude the | ||||||
25 | Director from making any other adjustment | ||||||
26 | otherwise allowed under Section 404 of this Act |
| |||||||
| |||||||
1 | for any tax year beginning after the effective | ||||||
2 | date of this amendment provided such adjustment is | ||||||
3 | made pursuant to regulation adopted by the | ||||||
4 | Department and such regulations provide methods | ||||||
5 | and standards by which the Department will utilize | ||||||
6 | its authority under Section 404 of this Act;
| ||||||
7 | (E-14) For taxable years ending on or after | ||||||
8 | December 31, 2008, an amount equal to the amount of | ||||||
9 | insurance premium expenses and costs otherwise allowed | ||||||
10 | as a deduction in computing base income, and that were | ||||||
11 | paid, accrued, or incurred, directly or indirectly, to | ||||||
12 | a person who would be a member of the same unitary | ||||||
13 | business group but for the fact that the person is | ||||||
14 | prohibited under Section 1501(a)(27) from being | ||||||
15 | included in the unitary business group because he or | ||||||
16 | she is ordinarily required to apportion business | ||||||
17 | income under different subsections of Section 304. The | ||||||
18 | addition modification required by this subparagraph | ||||||
19 | shall be reduced to the extent that dividends were | ||||||
20 | included in base income of the unitary group for the | ||||||
21 | same taxable year and received by the taxpayer or by a | ||||||
22 | member of the taxpayer's unitary business group | ||||||
23 | (including amounts included in gross income under | ||||||
24 | Sections 951 through 964 of the Internal Revenue Code | ||||||
25 | and amounts included in gross income under Section 78 | ||||||
26 | of the Internal Revenue Code) with respect to the |
| |||||||
| |||||||
1 | stock of the same person to whom the premiums and costs | ||||||
2 | were directly or indirectly paid, incurred, or | ||||||
3 | accrued. The preceding sentence does not apply to the | ||||||
4 | extent that the same dividends caused a reduction to | ||||||
5 | the addition modification required under Section | ||||||
6 | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this | ||||||
7 | Act;
| ||||||
8 | (E-15) For taxable years beginning after December | ||||||
9 | 31, 2008, any deduction for dividends paid by a | ||||||
10 | captive real estate investment trust that is allowed | ||||||
11 | to a real estate investment trust under Section | ||||||
12 | 857(b)(2)(B) of the Internal Revenue Code for | ||||||
13 | dividends paid; | ||||||
14 | (E-16) An amount equal to the credit allowable to | ||||||
15 | the taxpayer under Section 218(a) of this Act, | ||||||
16 | determined without regard to Section 218(c) of this | ||||||
17 | Act; | ||||||
18 | (E-17) For taxable years ending on or after | ||||||
19 | December 31, 2017, an amount equal to the deduction | ||||||
20 | allowed under Section 199 of the Internal Revenue Code | ||||||
21 | for the taxable year; | ||||||
22 | (E-18) for taxable years beginning after December | ||||||
23 | 31, 2018, an amount equal to the deduction allowed | ||||||
24 | under Section 250(a)(1)(A) of the Internal Revenue | ||||||
25 | Code for the taxable year. | ||||||
26 | and by deducting from the total so obtained the sum of the |
| |||||||
| |||||||
1 | following
amounts: | ||||||
2 | (F) An amount equal to the amount of any tax | ||||||
3 | imposed by this Act
which was refunded to the taxpayer | ||||||
4 | and included in such total for the
taxable year; | ||||||
5 | (G) An amount equal to any amount included in such | ||||||
6 | total under
Section 78 of the Internal Revenue Code; | ||||||
7 | (H) In the case of a regulated investment company, | ||||||
8 | an amount equal
to the amount of exempt interest | ||||||
9 | dividends as defined in subsection (b)(5) of Section | ||||||
10 | 852 of the Internal Revenue Code, paid to shareholders
| ||||||
11 | for the taxable year; | ||||||
12 | (I) With the exception of any amounts subtracted | ||||||
13 | under subparagraph
(J),
an amount equal to the sum of | ||||||
14 | all amounts disallowed as
deductions by (i) Sections | ||||||
15 | 171(a)(2) , and 265(a)(2) and amounts disallowed as
| ||||||
16 | interest expense by Section 291(a)(3) of the Internal | ||||||
17 | Revenue Code, and all amounts of expenses allocable to | ||||||
18 | interest and
disallowed as deductions by Section | ||||||
19 | 265(a)(1) of the Internal Revenue Code;
and (ii) for | ||||||
20 | taxable years
ending on or after August 13, 1999, | ||||||
21 | Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||||||
22 | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||||||
23 | for tax years ending on or after December 31, 2011, | ||||||
24 | amounts disallowed as deductions by Section 45G(e)(3) | ||||||
25 | of the Internal Revenue Code and, for taxable years | ||||||
26 | ending on or after December 31, 2008, any amount |
| |||||||
| |||||||
1 | included in gross income under Section 87 of the | ||||||
2 | Internal Revenue Code and the policyholders' share of | ||||||
3 | tax-exempt interest of a life insurance company under | ||||||
4 | Section 807(a)(2)(B) of the Internal Revenue Code (in | ||||||
5 | the case of a life insurance company with gross income | ||||||
6 | from a decrease in reserves for the tax year) or | ||||||
7 | Section 807(b)(1)(B) of the Internal Revenue Code (in | ||||||
8 | the case of a life insurance company allowed a | ||||||
9 | deduction for an increase in reserves for the tax | ||||||
10 | year); the
provisions of this
subparagraph are exempt | ||||||
11 | from the provisions of Section 250; | ||||||
12 | (J) An amount equal to all amounts included in | ||||||
13 | such total which are
exempt from taxation by this | ||||||
14 | State either by reason of its statutes or
Constitution
| ||||||
15 | or by reason of the Constitution, treaties or statutes | ||||||
16 | of the United States;
provided that, in the case of any | ||||||
17 | statute of this State that exempts income
derived from | ||||||
18 | bonds or other obligations from the tax imposed under | ||||||
19 | this Act,
the amount exempted shall be the interest | ||||||
20 | net of bond premium amortization; | ||||||
21 | (K) An amount equal to those dividends included in | ||||||
22 | such total
which were paid by a corporation which | ||||||
23 | conducts
business operations in a River Edge | ||||||
24 | Redevelopment Zone or zones created under the River | ||||||
25 | Edge Redevelopment Zone Act and conducts substantially | ||||||
26 | all of its
operations in a River Edge Redevelopment |
| |||||||
| |||||||
1 | Zone or zones. This subparagraph (K) is exempt from | ||||||
2 | the provisions of Section 250; | ||||||
3 | (L) An amount equal to those dividends included in | ||||||
4 | such total that
were paid by a corporation that | ||||||
5 | conducts business operations in a federally
designated | ||||||
6 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
7 | a High Impact
Business located in Illinois; provided | ||||||
8 | that dividends eligible for the
deduction provided in | ||||||
9 | subparagraph (K) of paragraph 2 of this subsection
| ||||||
10 | shall not be eligible for the deduction provided under | ||||||
11 | this subparagraph
(L); | ||||||
12 | (M) For any taxpayer that is a financial | ||||||
13 | organization within the meaning
of Section 304(c) of | ||||||
14 | this Act, an amount included in such total as interest
| ||||||
15 | income from a loan or loans made by such taxpayer to a | ||||||
16 | borrower, to the extent
that such a loan is secured by | ||||||
17 | property which is eligible for the River Edge | ||||||
18 | Redevelopment Zone Investment Credit. To determine the | ||||||
19 | portion of a loan or loans that is
secured by property | ||||||
20 | eligible for a Section 201(f) investment
credit to the | ||||||
21 | borrower, the entire principal amount of the loan or | ||||||
22 | loans
between the taxpayer and the borrower should be | ||||||
23 | divided into the basis of the
Section 201(f) | ||||||
24 | investment credit property which secures the
loan or | ||||||
25 | loans, using for this purpose the original basis of | ||||||
26 | such property on
the date that it was placed in service |
| |||||||
| |||||||
1 | in the River Edge Redevelopment Zone. The subtraction | ||||||
2 | modification available to the taxpayer in any
year | ||||||
3 | under this subsection shall be that portion of the | ||||||
4 | total interest paid
by the borrower with respect to | ||||||
5 | such loan attributable to the eligible
property as | ||||||
6 | calculated under the previous sentence. This | ||||||
7 | subparagraph (M) is exempt from the provisions of | ||||||
8 | Section 250; | ||||||
9 | (M-1) For any taxpayer that is a financial | ||||||
10 | organization within the
meaning of Section 304(c) of | ||||||
11 | this Act, an amount included in such total as
interest | ||||||
12 | income from a loan or loans made by such taxpayer to a | ||||||
13 | borrower,
to the extent that such a loan is secured by | ||||||
14 | property which is eligible for
the High Impact | ||||||
15 | Business Investment Credit. To determine the portion | ||||||
16 | of a
loan or loans that is secured by property eligible | ||||||
17 | for a Section 201(h) investment credit to the | ||||||
18 | borrower, the entire principal amount of
the loan or | ||||||
19 | loans between the taxpayer and the borrower should be | ||||||
20 | divided into
the basis of the Section 201(h) | ||||||
21 | investment credit property which
secures the loan or | ||||||
22 | loans, using for this purpose the original basis of | ||||||
23 | such
property on the date that it was placed in service | ||||||
24 | in a federally designated
Foreign Trade Zone or | ||||||
25 | Sub-Zone located in Illinois. No taxpayer that is
| ||||||
26 | eligible for the deduction provided in subparagraph |
| |||||||
| |||||||
1 | (M) of paragraph (2) of
this subsection shall be | ||||||
2 | eligible for the deduction provided under this
| ||||||
3 | subparagraph (M-1). The subtraction modification | ||||||
4 | available to taxpayers in
any year under this | ||||||
5 | subsection shall be that portion of the total interest
| ||||||
6 | paid by the borrower with respect to such loan | ||||||
7 | attributable to the eligible
property as calculated | ||||||
8 | under the previous sentence; | ||||||
9 | (N) Two times any contribution made during the | ||||||
10 | taxable year to a
designated zone organization to the | ||||||
11 | extent that the contribution (i)
qualifies as a | ||||||
12 | charitable contribution under subsection (c) of | ||||||
13 | Section 170
of the Internal Revenue Code and (ii) | ||||||
14 | must, by its terms, be used for a
project approved by | ||||||
15 | the Department of Commerce and Economic Opportunity | ||||||
16 | under Section 11 of the Illinois Enterprise Zone Act | ||||||
17 | or under Section 10-10 of the River Edge Redevelopment | ||||||
18 | Zone Act. This subparagraph (N) is exempt from the | ||||||
19 | provisions of Section 250; | ||||||
20 | (O) An amount equal to: (i) 85% for taxable years | ||||||
21 | ending on or before
December 31, 1992, or, a | ||||||
22 | percentage equal to the percentage allowable under
| ||||||
23 | Section 243(a)(1) of the Internal Revenue Code of 1986 | ||||||
24 | for taxable years ending
after December 31, 1992, of | ||||||
25 | the amount by which dividends included in taxable
| ||||||
26 | income and received from a corporation that is not |
| |||||||
| |||||||
1 | created or organized under
the laws of the United | ||||||
2 | States or any state or political subdivision thereof,
| ||||||
3 | including, for taxable years ending on or after | ||||||
4 | December 31, 1988, dividends
received or deemed | ||||||
5 | received or paid or deemed paid under Sections 951 | ||||||
6 | through
965 of the Internal Revenue Code, exceed the | ||||||
7 | amount of the modification
provided under subparagraph | ||||||
8 | (G) of paragraph (2) of this subsection (b) which
is | ||||||
9 | related to such dividends, and including, for taxable | ||||||
10 | years ending on or after December 31, 2008, dividends | ||||||
11 | received from a captive real estate investment trust; | ||||||
12 | plus (ii) 100% of the amount by which dividends,
| ||||||
13 | included in taxable income and received, including, | ||||||
14 | for taxable years ending on
or after December 31, | ||||||
15 | 1988, dividends received or deemed received or paid or
| ||||||
16 | deemed paid under Sections 951 through 964 of the | ||||||
17 | Internal Revenue Code and including, for taxable years | ||||||
18 | ending on or after December 31, 2008, dividends | ||||||
19 | received from a captive real estate investment trust, | ||||||
20 | from
any such corporation specified in clause (i) that | ||||||
21 | would but for the provisions
of Section 1504(b)(3) of | ||||||
22 | the Internal Revenue Code be treated as a member of
the | ||||||
23 | affiliated group which includes the dividend | ||||||
24 | recipient, exceed the amount
of the modification | ||||||
25 | provided under subparagraph (G) of paragraph (2) of | ||||||
26 | this
subsection (b) which is related to such |
| |||||||
| |||||||
1 | dividends. This subparagraph (O) is exempt from the | ||||||
2 | provisions of Section 250 of this Act; | ||||||
3 | (P) An amount equal to any contribution made to a | ||||||
4 | job training project
established pursuant to the Tax | ||||||
5 | Increment Allocation Redevelopment Act; | ||||||
6 | (Q) An amount equal to the amount of the deduction | ||||||
7 | used to compute the
federal income tax credit for | ||||||
8 | restoration of substantial amounts held under
claim of | ||||||
9 | right for the taxable year pursuant to Section 1341 of | ||||||
10 | the
Internal Revenue Code; | ||||||
11 | (R) On and after July 20, 1999, in the case of an | ||||||
12 | attorney-in-fact with respect to whom an
interinsurer | ||||||
13 | or a reciprocal insurer has made the election under | ||||||
14 | Section 835 of
the Internal Revenue Code, 26 U.S.C. | ||||||
15 | 835, an amount equal to the excess, if
any, of the | ||||||
16 | amounts paid or incurred by that interinsurer or | ||||||
17 | reciprocal insurer
in the taxable year to the | ||||||
18 | attorney-in-fact over the deduction allowed to that
| ||||||
19 | interinsurer or reciprocal insurer with respect to the | ||||||
20 | attorney-in-fact under
Section 835(b) of the Internal | ||||||
21 | Revenue Code for the taxable year; the provisions of | ||||||
22 | this subparagraph are exempt from the provisions of | ||||||
23 | Section 250; | ||||||
24 | (S) For taxable years ending on or after December | ||||||
25 | 31, 1997, in the
case of a Subchapter
S corporation, an | ||||||
26 | amount equal to all amounts of income allocable to a
|
| |||||||
| |||||||
1 | shareholder subject to the Personal Property Tax | ||||||
2 | Replacement Income Tax imposed
by subsections (c) and | ||||||
3 | (d) of Section 201 of this Act, including amounts
| ||||||
4 | allocable to organizations exempt from federal income | ||||||
5 | tax by reason of Section
501(a) of the Internal | ||||||
6 | Revenue Code. This subparagraph (S) is exempt from
the | ||||||
7 | provisions of Section 250; | ||||||
8 | (T) For taxable years 2001 and thereafter, for the | ||||||
9 | taxable year in
which the bonus depreciation deduction
| ||||||
10 | is taken on the taxpayer's federal income tax return | ||||||
11 | under
subsection (k) of Section 168 of the Internal | ||||||
12 | Revenue Code and for each
applicable taxable year | ||||||
13 | thereafter, an amount equal to "x", where: | ||||||
14 | (1) "y" equals the amount of the depreciation | ||||||
15 | deduction taken for the
taxable year
on the | ||||||
16 | taxpayer's federal income tax return on property | ||||||
17 | for which the bonus
depreciation deduction
was | ||||||
18 | taken in any year under subsection (k) of Section | ||||||
19 | 168 of the Internal
Revenue Code, but not | ||||||
20 | including the bonus depreciation deduction; | ||||||
21 | (2) for taxable years ending on or before | ||||||
22 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
23 | and then divided by 70 (or "y"
multiplied by | ||||||
24 | 0.429); and | ||||||
25 | (3) for taxable years ending after December | ||||||
26 | 31, 2005: |
| |||||||
| |||||||
1 | (i) for property on which a bonus | ||||||
2 | depreciation deduction of 30% of the adjusted | ||||||
3 | basis was taken, "x" equals "y" multiplied by | ||||||
4 | 30 and then divided by 70 (or "y"
multiplied | ||||||
5 | by 0.429); and | ||||||
6 | (ii) for property on which a bonus | ||||||
7 | depreciation deduction of 50% of the adjusted | ||||||
8 | basis was taken, "x" equals "y" multiplied by | ||||||
9 | 1.0. | ||||||
10 | The aggregate amount deducted under this | ||||||
11 | subparagraph in all taxable
years for any one piece of | ||||||
12 | property may not exceed the amount of the bonus
| ||||||
13 | depreciation deduction
taken on that property on the | ||||||
14 | taxpayer's federal income tax return under
subsection | ||||||
15 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
16 | subparagraph (T) is exempt from the provisions of | ||||||
17 | Section 250; | ||||||
18 | (U) If the taxpayer sells, transfers, abandons, or | ||||||
19 | otherwise disposes of
property for which the taxpayer | ||||||
20 | was required in any taxable year to make an
addition | ||||||
21 | modification under subparagraph (E-10), then an amount | ||||||
22 | equal to that
addition modification. | ||||||
23 | If the taxpayer continues to own property through | ||||||
24 | the last day of the last tax year for which the | ||||||
25 | taxpayer may claim a depreciation deduction for | ||||||
26 | federal income tax purposes and for which the taxpayer |
| |||||||
| |||||||
1 | was required in any taxable year to make an addition | ||||||
2 | modification under subparagraph (E-10), then an amount | ||||||
3 | equal to that addition modification.
| ||||||
4 | The taxpayer is allowed to take the deduction | ||||||
5 | under this subparagraph
only once with respect to any | ||||||
6 | one piece of property. | ||||||
7 | This subparagraph (U) is exempt from the | ||||||
8 | provisions of Section 250; | ||||||
9 | (V) The amount of: (i) any interest income (net of | ||||||
10 | the deductions allocable thereto) taken into account | ||||||
11 | for the taxable year with respect to a transaction | ||||||
12 | with a taxpayer that is required to make an addition | ||||||
13 | modification with respect to such transaction under | ||||||
14 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
15 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
16 | the amount of such addition modification,
(ii) any | ||||||
17 | income from intangible property (net of the deductions | ||||||
18 | allocable thereto) taken into account for the taxable | ||||||
19 | year with respect to a transaction with a taxpayer | ||||||
20 | that is required to make an addition modification with | ||||||
21 | respect to such transaction under Section | ||||||
22 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
23 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
24 | addition modification, and (iii) any insurance premium | ||||||
25 | income (net of deductions allocable thereto) taken | ||||||
26 | into account for the taxable year with respect to a |
| |||||||
| |||||||
1 | transaction with a taxpayer that is required to make | ||||||
2 | an addition modification with respect to such | ||||||
3 | transaction under Section 203(a)(2)(D-19), Section | ||||||
4 | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||||||
5 | 203(d)(2)(D-9), but not to exceed the amount of that | ||||||
6 | addition modification. This subparagraph (V) is exempt | ||||||
7 | from the provisions of Section 250;
| ||||||
8 | (W) An amount equal to the interest income taken | ||||||
9 | into account for the taxable year (net of the | ||||||
10 | deductions allocable thereto) with respect to | ||||||
11 | transactions with (i) a foreign person who would be a | ||||||
12 | member of the taxpayer's unitary business group but | ||||||
13 | for the fact that the foreign person's business | ||||||
14 | activity outside the United States is 80% or more of | ||||||
15 | that person's total business activity and (ii) for | ||||||
16 | taxable years ending on or after December 31, 2008, to | ||||||
17 | a person who would be a member of the same unitary | ||||||
18 | business group but for the fact that the person is | ||||||
19 | prohibited under Section 1501(a)(27) from being | ||||||
20 | included in the unitary business group because he or | ||||||
21 | she is ordinarily required to apportion business | ||||||
22 | income under different subsections of Section 304, but | ||||||
23 | not to exceed the addition modification required to be | ||||||
24 | made for the same taxable year under Section | ||||||
25 | 203(b)(2)(E-12) for interest paid, accrued, or | ||||||
26 | incurred, directly or indirectly, to the same person. |
| |||||||
| |||||||
1 | This subparagraph (W) is exempt from the provisions of | ||||||
2 | Section 250;
| ||||||
3 | (X) An amount equal to the income from intangible | ||||||
4 | property taken into account for the taxable year (net | ||||||
5 | of the deductions allocable thereto) with respect to | ||||||
6 | transactions with (i) a foreign person who would be a | ||||||
7 | member of the taxpayer's unitary business group but | ||||||
8 | for the fact that the foreign person's business | ||||||
9 | activity outside the United States is 80% or more of | ||||||
10 | that person's total business activity and (ii) for | ||||||
11 | taxable years ending on or after December 31, 2008, to | ||||||
12 | a person who would be a member of the same unitary | ||||||
13 | business group but for the fact that the person is | ||||||
14 | prohibited under Section 1501(a)(27) from being | ||||||
15 | included in the unitary business group because he or | ||||||
16 | she is ordinarily required to apportion business | ||||||
17 | income under different subsections of Section 304, but | ||||||
18 | not to exceed the addition modification required to be | ||||||
19 | made for the same taxable year under Section | ||||||
20 | 203(b)(2)(E-13) for intangible expenses and costs | ||||||
21 | paid, accrued, or incurred, directly or indirectly, to | ||||||
22 | the same foreign person. This subparagraph (X) is | ||||||
23 | exempt from the provisions of Section 250;
| ||||||
24 | (Y) For taxable years ending on or after December | ||||||
25 | 31, 2011, in the case of a taxpayer who was required to | ||||||
26 | add back any insurance premiums under Section |
| |||||||
| |||||||
1 | 203(b)(2)(E-14), such taxpayer may elect to subtract | ||||||
2 | that part of a reimbursement received from the | ||||||
3 | insurance company equal to the amount of the expense | ||||||
4 | or loss (including expenses incurred by the insurance | ||||||
5 | company) that would have been taken into account as a | ||||||
6 | deduction for federal income tax purposes if the | ||||||
7 | expense or loss had been uninsured. If a taxpayer | ||||||
8 | makes the election provided for by this subparagraph | ||||||
9 | (Y), the insurer to which the premiums were paid must | ||||||
10 | add back to income the amount subtracted by the | ||||||
11 | taxpayer pursuant to this subparagraph (Y). This | ||||||
12 | subparagraph (Y) is exempt from the provisions of | ||||||
13 | Section 250; and | ||||||
14 | (Z) The difference between the nondeductible | ||||||
15 | controlled foreign corporation dividends under Section | ||||||
16 | 965(e)(3) of the Internal Revenue Code over the | ||||||
17 | taxable income of the taxpayer, computed without | ||||||
18 | regard to Section 965(e)(2)(A) of the Internal Revenue | ||||||
19 | Code, and without regard to any net operating loss | ||||||
20 | deduction. This subparagraph (Z) is exempt from the | ||||||
21 | provisions of Section 250. | ||||||
22 | (3) Special rule. For purposes of paragraph (2)(A), | ||||||
23 | "gross income"
in the case of a life insurance company, | ||||||
24 | for tax years ending on and after
December 31, 1994,
and | ||||||
25 | prior to December 31, 2011, shall mean the gross | ||||||
26 | investment income for the taxable year and, for tax years |
| |||||||
| |||||||
1 | ending on or after December 31, 2011, shall mean all | ||||||
2 | amounts included in life insurance gross income under | ||||||
3 | Section 803(a)(3) of the Internal Revenue Code.
| ||||||
4 | (c) Trusts and estates. | ||||||
5 | (1) In general. In the case of a trust or estate, base | ||||||
6 | income means
an amount equal to the taxpayer's taxable | ||||||
7 | income for the taxable year as
modified by paragraph (2). | ||||||
8 | (2) Modifications. Subject to the provisions of | ||||||
9 | paragraph (3), the
taxable income referred to in paragraph | ||||||
10 | (1) shall be modified by adding
thereto the sum of the | ||||||
11 | following amounts: | ||||||
12 | (A) An amount equal to all amounts paid or accrued | ||||||
13 | to the taxpayer
as interest or dividends during the | ||||||
14 | taxable year to the extent excluded
from gross income | ||||||
15 | in the computation of taxable income; | ||||||
16 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
17 | trust which, under
its governing instrument, is | ||||||
18 | required to distribute all of its income
currently, | ||||||
19 | $300; and (iii) any other trust, $100, but in each such | ||||||
20 | case,
only to the extent such amount was deducted in | ||||||
21 | the computation of
taxable income; | ||||||
22 | (C) An amount equal to the amount of tax imposed by | ||||||
23 | this Act to the
extent deducted from gross income in | ||||||
24 | the computation of taxable income
for the taxable | ||||||
25 | year; |
| |||||||
| |||||||
1 | (D) The amount of any net operating loss deduction | ||||||
2 | taken in arriving at
taxable income, other than a net | ||||||
3 | operating loss carried forward from a
taxable year | ||||||
4 | ending prior to December 31, 1986; | ||||||
5 | (E) For taxable years in which a net operating | ||||||
6 | loss carryback or
carryforward from a taxable year | ||||||
7 | ending prior to December 31, 1986 is an
element of | ||||||
8 | taxable income under paragraph (1) of subsection (e) | ||||||
9 | or subparagraph
(E) of paragraph (2) of subsection | ||||||
10 | (e), the amount by which addition
modifications other | ||||||
11 | than those provided by this subparagraph (E) exceeded
| ||||||
12 | subtraction modifications in such taxable year, with | ||||||
13 | the following limitations
applied in the order that | ||||||
14 | they are listed: | ||||||
15 | (i) the addition modification relating to the | ||||||
16 | net operating loss
carried back or forward to the | ||||||
17 | taxable year from any taxable year ending
prior to | ||||||
18 | December 31, 1986 shall be reduced by the amount | ||||||
19 | of addition
modification under this subparagraph | ||||||
20 | (E) which related to that net
operating loss and | ||||||
21 | which was taken into account in calculating the | ||||||
22 | base
income of an earlier taxable year, and | ||||||
23 | (ii) the addition modification relating to the | ||||||
24 | net operating loss
carried back or forward to the | ||||||
25 | taxable year from any taxable year ending
prior to | ||||||
26 | December 31, 1986 shall not exceed the amount of |
| |||||||
| |||||||
1 | such carryback or
carryforward; | ||||||
2 | For taxable years in which there is a net | ||||||
3 | operating loss carryback or
carryforward from more | ||||||
4 | than one other taxable year ending prior to December
| ||||||
5 | 31, 1986, the addition modification provided in this | ||||||
6 | subparagraph (E) shall
be the sum of the amounts | ||||||
7 | computed independently under the preceding
provisions | ||||||
8 | of this subparagraph (E) for each such taxable year; | ||||||
9 | (F) For taxable years ending on or after January | ||||||
10 | 1, 1989, an amount
equal to the tax deducted pursuant | ||||||
11 | to Section 164 of the Internal Revenue
Code if the | ||||||
12 | trust or estate is claiming the same tax for purposes | ||||||
13 | of the
Illinois foreign tax credit under Section 601 | ||||||
14 | of this Act; | ||||||
15 | (G) An amount equal to the amount of the capital | ||||||
16 | gain deduction
allowable under the Internal Revenue | ||||||
17 | Code, to the extent deducted from
gross income in the | ||||||
18 | computation of taxable income; | ||||||
19 | (G-5) For taxable years ending after December 31, | ||||||
20 | 1997, an
amount equal to any eligible remediation | ||||||
21 | costs that the trust or estate
deducted in computing | ||||||
22 | adjusted gross income and for which the trust
or | ||||||
23 | estate claims a credit under subsection (l) of Section | ||||||
24 | 201; | ||||||
25 | (G-10) For taxable years 2001 and thereafter, an | ||||||
26 | amount equal to the
bonus depreciation deduction taken |
| |||||||
| |||||||
1 | on the taxpayer's federal income tax return for the | ||||||
2 | taxable
year under subsection (k) of Section 168 of | ||||||
3 | the Internal Revenue Code; and | ||||||
4 | (G-11) If the taxpayer sells, transfers, abandons, | ||||||
5 | or otherwise disposes of property for which the | ||||||
6 | taxpayer was required in any taxable year to
make an | ||||||
7 | addition modification under subparagraph (G-10), then | ||||||
8 | an amount equal
to the aggregate amount of the | ||||||
9 | deductions taken in all taxable
years under | ||||||
10 | subparagraph (R) with respect to that property. | ||||||
11 | If the taxpayer continues to own property through | ||||||
12 | the last day of the last tax year for which the | ||||||
13 | taxpayer may claim a depreciation deduction for | ||||||
14 | federal income tax purposes and for which the taxpayer | ||||||
15 | was allowed in any taxable year to make a subtraction | ||||||
16 | modification under subparagraph (R), then an amount | ||||||
17 | equal to that subtraction modification.
| ||||||
18 | The taxpayer is required to make the addition | ||||||
19 | modification under this
subparagraph
only once with | ||||||
20 | respect to any one piece of property; | ||||||
21 | (G-12) An amount equal to the amount otherwise | ||||||
22 | allowed as a deduction in computing base income for | ||||||
23 | interest paid, accrued, or incurred, directly or | ||||||
24 | indirectly, (i) for taxable years ending on or after | ||||||
25 | December 31, 2004, to a foreign person who would be a | ||||||
26 | member of the same unitary business group but for the |
| |||||||
| |||||||
1 | fact that the foreign person's business activity | ||||||
2 | outside the United States is 80% or more of the foreign | ||||||
3 | person's total business activity and (ii) for taxable | ||||||
4 | years ending on or after December 31, 2008, to a person | ||||||
5 | who would be a member of the same unitary business | ||||||
6 | group but for the fact that the person is prohibited | ||||||
7 | under Section 1501(a)(27) from being included in the | ||||||
8 | unitary business group because he or she is ordinarily | ||||||
9 | required to apportion business income under different | ||||||
10 | subsections of Section 304. The addition modification | ||||||
11 | required by this subparagraph shall be reduced to the | ||||||
12 | extent that dividends were included in base income of | ||||||
13 | the unitary group for the same taxable year and | ||||||
14 | received by the taxpayer or by a member of the | ||||||
15 | taxpayer's unitary business group (including amounts | ||||||
16 | included in gross income pursuant to Sections 951 | ||||||
17 | through 964 of the Internal Revenue Code and amounts | ||||||
18 | included in gross income under Section 78 of the | ||||||
19 | Internal Revenue Code) with respect to the stock of | ||||||
20 | the same person to whom the interest was paid, | ||||||
21 | accrued, or incurred.
| ||||||
22 | This paragraph shall not apply to the following:
| ||||||
23 | (i) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a person who | ||||||
25 | is subject in a foreign country or state, other | ||||||
26 | than a state which requires mandatory unitary |
| |||||||
| |||||||
1 | reporting, to a tax on or measured by net income | ||||||
2 | with respect to such interest; or | ||||||
3 | (ii) an item of interest paid, accrued, or | ||||||
4 | incurred, directly or indirectly, to a person if | ||||||
5 | the taxpayer can establish, based on a | ||||||
6 | preponderance of the evidence, both of the | ||||||
7 | following: | ||||||
8 | (a) the person, during the same taxable | ||||||
9 | year, paid, accrued, or incurred, the interest | ||||||
10 | to a person that is not a related member, and | ||||||
11 | (b) the transaction giving rise to the | ||||||
12 | interest expense between the taxpayer and the | ||||||
13 | person did not have as a principal purpose the | ||||||
14 | avoidance of Illinois income tax, and is paid | ||||||
15 | pursuant to a contract or agreement that | ||||||
16 | reflects an arm's-length interest rate and | ||||||
17 | terms; or
| ||||||
18 | (iii) the taxpayer can establish, based on | ||||||
19 | clear and convincing evidence, that the interest | ||||||
20 | paid, accrued, or incurred relates to a contract | ||||||
21 | or agreement entered into at arm's-length rates | ||||||
22 | and terms and the principal purpose for the | ||||||
23 | payment is not federal or Illinois tax avoidance; | ||||||
24 | or
| ||||||
25 | (iv) an item of interest paid, accrued, or | ||||||
26 | incurred, directly or indirectly, to a person if |
| |||||||
| |||||||
1 | the taxpayer establishes by clear and convincing | ||||||
2 | evidence that the adjustments are unreasonable; or | ||||||
3 | if the taxpayer and the Director agree in writing | ||||||
4 | to the application or use of an alternative method | ||||||
5 | of apportionment under Section 304(f).
| ||||||
6 | Nothing in this subsection shall preclude the | ||||||
7 | Director from making any other adjustment | ||||||
8 | otherwise allowed under Section 404 of this Act | ||||||
9 | for any tax year beginning after the effective | ||||||
10 | date of this amendment provided such adjustment is | ||||||
11 | made pursuant to regulation adopted by the | ||||||
12 | Department and such regulations provide methods | ||||||
13 | and standards by which the Department will utilize | ||||||
14 | its authority under Section 404 of this Act;
| ||||||
15 | (G-13) An amount equal to the amount of intangible | ||||||
16 | expenses and costs otherwise allowed as a deduction in | ||||||
17 | computing base income, and that were paid, accrued, or | ||||||
18 | incurred, directly or indirectly, (i) for taxable | ||||||
19 | years ending on or after December 31, 2004, to a | ||||||
20 | foreign person who would be a member of the same | ||||||
21 | unitary business group but for the fact that the | ||||||
22 | foreign person's business activity outside the United | ||||||
23 | States is 80% or more of that person's total business | ||||||
24 | activity and (ii) for taxable years ending on or after | ||||||
25 | December 31, 2008, to a person who would be a member of | ||||||
26 | the same unitary business group but for the fact that |
| |||||||
| |||||||
1 | the person is prohibited under Section 1501(a)(27) | ||||||
2 | from being included in the unitary business group | ||||||
3 | because he or she is ordinarily required to apportion | ||||||
4 | business income under different subsections of Section | ||||||
5 | 304. The addition modification required by this | ||||||
6 | subparagraph shall be reduced to the extent that | ||||||
7 | dividends were included in base income of the unitary | ||||||
8 | group for the same taxable year and received by the | ||||||
9 | taxpayer or by a member of the taxpayer's unitary | ||||||
10 | business group (including amounts included in gross | ||||||
11 | income pursuant to Sections 951 through 964 of the | ||||||
12 | Internal Revenue Code and amounts included in gross | ||||||
13 | income under Section 78 of the Internal Revenue Code) | ||||||
14 | with respect to the stock of the same person to whom | ||||||
15 | the intangible expenses and costs were directly or | ||||||
16 | indirectly paid, incurred, or accrued. The preceding | ||||||
17 | sentence shall not apply to the extent that the same | ||||||
18 | dividends caused a reduction to the addition | ||||||
19 | modification required under Section 203(c)(2)(G-12) of | ||||||
20 | this Act. As used in this subparagraph, the term | ||||||
21 | "intangible expenses and costs" includes: (1) | ||||||
22 | expenses, losses, and costs for or related to the | ||||||
23 | direct or indirect acquisition, use, maintenance or | ||||||
24 | management, ownership, sale, exchange, or any other | ||||||
25 | disposition of intangible property; (2) losses | ||||||
26 | incurred, directly or indirectly, from factoring |
| |||||||
| |||||||
1 | transactions or discounting transactions; (3) royalty, | ||||||
2 | patent, technical, and copyright fees; (4) licensing | ||||||
3 | fees; and (5) other similar expenses and costs. For | ||||||
4 | purposes of this subparagraph, "intangible property" | ||||||
5 | includes patents, patent applications, trade names, | ||||||
6 | trademarks, service marks, copyrights, mask works, | ||||||
7 | trade secrets, and similar types of intangible assets. | ||||||
8 | This paragraph shall not apply to the following: | ||||||
9 | (i) any item of intangible expenses or costs | ||||||
10 | paid, accrued, or incurred, directly or | ||||||
11 | indirectly, from a transaction with a person who | ||||||
12 | is subject in a foreign country or state, other | ||||||
13 | than a state which requires mandatory unitary | ||||||
14 | reporting, to a tax on or measured by net income | ||||||
15 | with respect to such item; or | ||||||
16 | (ii) any item of intangible expense or cost | ||||||
17 | paid, accrued, or incurred, directly or | ||||||
18 | indirectly, if the taxpayer can establish, based | ||||||
19 | on a preponderance of the evidence, both of the | ||||||
20 | following: | ||||||
21 | (a) the person during the same taxable | ||||||
22 | year paid, accrued, or incurred, the | ||||||
23 | intangible expense or cost to a person that is | ||||||
24 | not a related member, and | ||||||
25 | (b) the transaction giving rise to the | ||||||
26 | intangible expense or cost between the |
| |||||||
| |||||||
1 | taxpayer and the person did not have as a | ||||||
2 | principal purpose the avoidance of Illinois | ||||||
3 | income tax, and is paid pursuant to a contract | ||||||
4 | or agreement that reflects arm's-length terms; | ||||||
5 | or | ||||||
6 | (iii) any item of intangible expense or cost | ||||||
7 | paid, accrued, or incurred, directly or | ||||||
8 | indirectly, from a transaction with a person if | ||||||
9 | the taxpayer establishes by clear and convincing | ||||||
10 | evidence, that the adjustments are unreasonable; | ||||||
11 | or if the taxpayer and the Director agree in | ||||||
12 | writing to the application or use of an | ||||||
13 | alternative method of apportionment under Section | ||||||
14 | 304(f);
| ||||||
15 | Nothing in this subsection shall preclude the | ||||||
16 | Director from making any other adjustment | ||||||
17 | otherwise allowed under Section 404 of this Act | ||||||
18 | for any tax year beginning after the effective | ||||||
19 | date of this amendment provided such adjustment is | ||||||
20 | made pursuant to regulation adopted by the | ||||||
21 | Department and such regulations provide methods | ||||||
22 | and standards by which the Department will utilize | ||||||
23 | its authority under Section 404 of this Act;
| ||||||
24 | (G-14) For taxable years ending on or after | ||||||
25 | December 31, 2008, an amount equal to the amount of | ||||||
26 | insurance premium expenses and costs otherwise allowed |
| |||||||
| |||||||
1 | as a deduction in computing base income, and that were | ||||||
2 | paid, accrued, or incurred, directly or indirectly, to | ||||||
3 | a person who would be a member of the same unitary | ||||||
4 | business group but for the fact that the person is | ||||||
5 | prohibited under Section 1501(a)(27) from being | ||||||
6 | included in the unitary business group because he or | ||||||
7 | she is ordinarily required to apportion business | ||||||
8 | income under different subsections of Section 304. The | ||||||
9 | addition modification required by this subparagraph | ||||||
10 | shall be reduced to the extent that dividends were | ||||||
11 | included in base income of the unitary group for the | ||||||
12 | same taxable year and received by the taxpayer or by a | ||||||
13 | member of the taxpayer's unitary business group | ||||||
14 | (including amounts included in gross income under | ||||||
15 | Sections 951 through 964 of the Internal Revenue Code | ||||||
16 | and amounts included in gross income under Section 78 | ||||||
17 | of the Internal Revenue Code) with respect to the | ||||||
18 | stock of the same person to whom the premiums and costs | ||||||
19 | were directly or indirectly paid, incurred, or | ||||||
20 | accrued. The preceding sentence does not apply to the | ||||||
21 | extent that the same dividends caused a reduction to | ||||||
22 | the addition modification required under Section | ||||||
23 | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this | ||||||
24 | Act; | ||||||
25 | (G-15) An amount equal to the credit allowable to | ||||||
26 | the taxpayer under Section 218(a) of this Act, |
| |||||||
| |||||||
1 | determined without regard to Section 218(c) of this | ||||||
2 | Act; | ||||||
3 | (G-16) For taxable years ending on or after | ||||||
4 | December 31, 2017, an amount equal to the deduction | ||||||
5 | allowed under Section 199 of the Internal Revenue Code | ||||||
6 | for the taxable year; | ||||||
7 | and by deducting from the total so obtained the sum of the | ||||||
8 | following
amounts: | ||||||
9 | (H) An amount equal to all amounts included in | ||||||
10 | such total pursuant
to the provisions of Sections | ||||||
11 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 | ||||||
12 | of the Internal Revenue Code or included in such total | ||||||
13 | as
distributions under the provisions of any | ||||||
14 | retirement or disability plan for
employees of any | ||||||
15 | governmental agency or unit, or retirement payments to
| ||||||
16 | retired partners, which payments are excluded in | ||||||
17 | computing net earnings
from self employment by Section | ||||||
18 | 1402 of the Internal Revenue Code and
regulations | ||||||
19 | adopted pursuant thereto; | ||||||
20 | (I) The valuation limitation amount; | ||||||
21 | (J) An amount equal to the amount of any tax | ||||||
22 | imposed by this Act
which was refunded to the taxpayer | ||||||
23 | and included in such total for the
taxable year; | ||||||
24 | (K) An amount equal to all amounts included in | ||||||
25 | taxable income as
modified by subparagraphs (A), (B), | ||||||
26 | (C), (D), (E), (F) and (G) which
are exempt from |
| |||||||
| |||||||
1 | taxation by this State either by reason of its | ||||||
2 | statutes or
Constitution
or by reason of the | ||||||
3 | Constitution, treaties or statutes of the United | ||||||
4 | States;
provided that, in the case of any statute of | ||||||
5 | this State that exempts income
derived from bonds or | ||||||
6 | other obligations from the tax imposed under this Act,
| ||||||
7 | the amount exempted shall be the interest net of bond | ||||||
8 | premium amortization; | ||||||
9 | (L) With the exception of any amounts subtracted | ||||||
10 | under subparagraph
(K),
an amount equal to the sum of | ||||||
11 | all amounts disallowed as
deductions by (i) Sections | ||||||
12 | 171(a)(2) and 265(a)(2) of the Internal Revenue
Code, | ||||||
13 | and all amounts of expenses allocable
to interest and | ||||||
14 | disallowed as deductions by Section 265(a)(1) of the | ||||||
15 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
16 | ending on or after August 13, 1999, Sections
| ||||||
17 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
18 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
19 | ending on or after December 31, 2011, Section | ||||||
20 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
21 | taxable years ending on or after December 31, 2008, | ||||||
22 | any amount included in gross income under Section 87 | ||||||
23 | of the Internal Revenue Code; the provisions of this
| ||||||
24 | subparagraph are exempt from the provisions of Section | ||||||
25 | 250; | ||||||
26 | (M) An amount equal to those dividends included in |
| |||||||
| |||||||
1 | such total
which were paid by a corporation which | ||||||
2 | conducts business operations in a River Edge | ||||||
3 | Redevelopment Zone or zones created under the River | ||||||
4 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
5 | all of its operations in a River Edge Redevelopment | ||||||
6 | Zone or zones. This subparagraph (M) is exempt from | ||||||
7 | the provisions of Section 250; | ||||||
8 | (N) An amount equal to any contribution made to a | ||||||
9 | job training
project established pursuant to the Tax | ||||||
10 | Increment Allocation
Redevelopment Act; | ||||||
11 | (O) An amount equal to those dividends included in | ||||||
12 | such total
that were paid by a corporation that | ||||||
13 | conducts business operations in a
federally designated | ||||||
14 | Foreign Trade Zone or Sub-Zone and that is designated
| ||||||
15 | a High Impact Business located in Illinois; provided | ||||||
16 | that dividends eligible
for the deduction provided in | ||||||
17 | subparagraph (M) of paragraph (2) of this
subsection | ||||||
18 | shall not be eligible for the deduction provided under | ||||||
19 | this
subparagraph (O); | ||||||
20 | (P) An amount equal to the amount of the deduction | ||||||
21 | used to compute the
federal income tax credit for | ||||||
22 | restoration of substantial amounts held under
claim of | ||||||
23 | right for the taxable year pursuant to Section 1341 of | ||||||
24 | the
Internal Revenue Code; | ||||||
25 | (Q) For taxable year 1999 and thereafter, an | ||||||
26 | amount equal to the
amount of any
(i) distributions, |
| |||||||
| |||||||
1 | to the extent includible in gross income for
federal | ||||||
2 | income tax purposes, made to the taxpayer because of
| ||||||
3 | his or her status as a victim of
persecution for racial | ||||||
4 | or religious reasons by Nazi Germany or any other Axis
| ||||||
5 | regime or as an heir of the victim and (ii) items
of | ||||||
6 | income, to the extent
includible in gross income for | ||||||
7 | federal income tax purposes, attributable to,
derived | ||||||
8 | from or in any way related to assets stolen from, | ||||||
9 | hidden from, or
otherwise lost to a victim of
| ||||||
10 | persecution for racial or religious reasons by Nazi
| ||||||
11 | Germany or any other Axis regime
immediately prior to, | ||||||
12 | during, and immediately after World War II, including,
| ||||||
13 | but
not limited to, interest on the proceeds | ||||||
14 | receivable as insurance
under policies issued to a | ||||||
15 | victim of persecution for racial or religious
reasons | ||||||
16 | by Nazi Germany or any other Axis regime by European | ||||||
17 | insurance
companies
immediately prior to and during | ||||||
18 | World War II;
provided, however, this subtraction from | ||||||
19 | federal adjusted gross income does not
apply to assets | ||||||
20 | acquired with such assets or with the proceeds from | ||||||
21 | the sale of
such assets; provided, further, this | ||||||
22 | paragraph shall only apply to a taxpayer
who was the | ||||||
23 | first recipient of such assets after their recovery | ||||||
24 | and who is a
victim of
persecution for racial or | ||||||
25 | religious reasons
by Nazi Germany or any other Axis | ||||||
26 | regime or as an heir of the victim. The
amount of and |
| |||||||
| |||||||
1 | the eligibility for any public assistance, benefit, or
| ||||||
2 | similar entitlement is not affected by the inclusion | ||||||
3 | of items (i) and (ii) of
this paragraph in gross income | ||||||
4 | for federal income tax purposes.
This paragraph is | ||||||
5 | exempt from the provisions of Section 250; | ||||||
6 | (R) For taxable years 2001 and thereafter, for the | ||||||
7 | taxable year in
which the bonus depreciation deduction
| ||||||
8 | is taken on the taxpayer's federal income tax return | ||||||
9 | under
subsection (k) of Section 168 of the Internal | ||||||
10 | Revenue Code and for each
applicable taxable year | ||||||
11 | thereafter, an amount equal to "x", where: | ||||||
12 | (1) "y" equals the amount of the depreciation | ||||||
13 | deduction taken for the
taxable year
on the | ||||||
14 | taxpayer's federal income tax return on property | ||||||
15 | for which the bonus
depreciation deduction
was | ||||||
16 | taken in any year under subsection (k) of Section | ||||||
17 | 168 of the Internal
Revenue Code, but not | ||||||
18 | including the bonus depreciation deduction; | ||||||
19 | (2) for taxable years ending on or before | ||||||
20 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
21 | and then divided by 70 (or "y"
multiplied by | ||||||
22 | 0.429); and | ||||||
23 | (3) for taxable years ending after December | ||||||
24 | 31, 2005: | ||||||
25 | (i) for property on which a bonus | ||||||
26 | depreciation deduction of 30% of the adjusted |
| |||||||
| |||||||
1 | basis was taken, "x" equals "y" multiplied by | ||||||
2 | 30 and then divided by 70 (or "y"
multiplied | ||||||
3 | by 0.429); and | ||||||
4 | (ii) for property on which a bonus | ||||||
5 | depreciation deduction of 50% of the adjusted | ||||||
6 | basis was taken, "x" equals "y" multiplied by | ||||||
7 | 1.0. | ||||||
8 | The aggregate amount deducted under this | ||||||
9 | subparagraph in all taxable
years for any one piece of | ||||||
10 | property may not exceed the amount of the bonus
| ||||||
11 | depreciation deduction
taken on that property on the | ||||||
12 | taxpayer's federal income tax return under
subsection | ||||||
13 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
14 | subparagraph (R) is exempt from the provisions of | ||||||
15 | Section 250; | ||||||
16 | (S) If the taxpayer sells, transfers, abandons, or | ||||||
17 | otherwise disposes of
property for which the taxpayer | ||||||
18 | was required in any taxable year to make an
addition | ||||||
19 | modification under subparagraph (G-10), then an amount | ||||||
20 | equal to that
addition modification. | ||||||
21 | If the taxpayer continues to own property through | ||||||
22 | the last day of the last tax year for which the | ||||||
23 | taxpayer may claim a depreciation deduction for | ||||||
24 | federal income tax purposes and for which the taxpayer | ||||||
25 | was required in any taxable year to make an addition | ||||||
26 | modification under subparagraph (G-10), then an amount |
| |||||||
| |||||||
1 | equal to that addition modification.
| ||||||
2 | The taxpayer is allowed to take the deduction | ||||||
3 | under this subparagraph
only once with respect to any | ||||||
4 | one piece of property. | ||||||
5 | This subparagraph (S) is exempt from the | ||||||
6 | provisions of Section 250; | ||||||
7 | (T) The amount of (i) any interest income (net of | ||||||
8 | the deductions allocable thereto) taken into account | ||||||
9 | for the taxable year with respect to a transaction | ||||||
10 | with a taxpayer that is required to make an addition | ||||||
11 | modification with respect to such transaction under | ||||||
12 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
13 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
14 | the amount of such addition modification and
(ii) any | ||||||
15 | income from intangible property (net of the deductions | ||||||
16 | allocable thereto) taken into account for the taxable | ||||||
17 | year with respect to a transaction with a taxpayer | ||||||
18 | that is required to make an addition modification with | ||||||
19 | respect to such transaction under Section | ||||||
20 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
21 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
22 | addition modification. This subparagraph (T) is exempt | ||||||
23 | from the provisions of Section 250;
| ||||||
24 | (U) An amount equal to the interest income taken | ||||||
25 | into account for the taxable year (net of the | ||||||
26 | deductions allocable thereto) with respect to |
| |||||||
| |||||||
1 | transactions with (i) a foreign person who would be a | ||||||
2 | member of the taxpayer's unitary business group but | ||||||
3 | for the fact the foreign person's business activity | ||||||
4 | outside the United States is 80% or more of that | ||||||
5 | person's total business activity and (ii) for taxable | ||||||
6 | years ending on or after December 31, 2008, to a person | ||||||
7 | who would be a member of the same unitary business | ||||||
8 | group but for the fact that the person is prohibited | ||||||
9 | under Section 1501(a)(27) from being included in the | ||||||
10 | unitary business group because he or she is ordinarily | ||||||
11 | required to apportion business income under different | ||||||
12 | subsections of Section 304, but not to exceed the | ||||||
13 | addition modification required to be made for the same | ||||||
14 | taxable year under Section 203(c)(2)(G-12) for | ||||||
15 | interest paid, accrued, or incurred, directly or | ||||||
16 | indirectly, to the same person. This subparagraph (U) | ||||||
17 | is exempt from the provisions of Section 250; | ||||||
18 | (V) An amount equal to the income from intangible | ||||||
19 | property taken into account for the taxable year (net | ||||||
20 | of the deductions allocable thereto) with respect to | ||||||
21 | transactions with (i) a foreign person who would be a | ||||||
22 | member of the taxpayer's unitary business group but | ||||||
23 | for the fact that the foreign person's business | ||||||
24 | activity outside the United States is 80% or more of | ||||||
25 | that person's total business activity and (ii) for | ||||||
26 | taxable years ending on or after December 31, 2008, to |
| |||||||
| |||||||
1 | a person who would be a member of the same unitary | ||||||
2 | business group but for the fact that the person is | ||||||
3 | prohibited under Section 1501(a)(27) from being | ||||||
4 | included in the unitary business group because he or | ||||||
5 | she is ordinarily required to apportion business | ||||||
6 | income under different subsections of Section 304, but | ||||||
7 | not to exceed the addition modification required to be | ||||||
8 | made for the same taxable year under Section | ||||||
9 | 203(c)(2)(G-13) for intangible expenses and costs | ||||||
10 | paid, accrued, or incurred, directly or indirectly, to | ||||||
11 | the same foreign person. This subparagraph (V) is | ||||||
12 | exempt from the provisions of Section 250;
| ||||||
13 | (W) in the case of an estate, an amount equal to | ||||||
14 | all amounts included in such total pursuant to the | ||||||
15 | provisions of Section 111 of the Internal Revenue Code | ||||||
16 | as a recovery of items previously deducted by the | ||||||
17 | decedent from adjusted gross income in the computation | ||||||
18 | of taxable income. This subparagraph (W) is exempt | ||||||
19 | from Section 250; | ||||||
20 | (X) an amount equal to the refund included in such | ||||||
21 | total of any tax deducted for federal income tax | ||||||
22 | purposes, to the extent that deduction was added back | ||||||
23 | under subparagraph (F). This subparagraph (X) is | ||||||
24 | exempt from the provisions of Section 250; | ||||||
25 | (Y) For taxable years ending on or after December | ||||||
26 | 31, 2011, in the case of a taxpayer who was required to |
| |||||||
| |||||||
1 | add back any insurance premiums under Section | ||||||
2 | 203(c)(2)(G-14), such taxpayer may elect to subtract | ||||||
3 | that part of a reimbursement received from the | ||||||
4 | insurance company equal to the amount of the expense | ||||||
5 | or loss (including expenses incurred by the insurance | ||||||
6 | company) that would have been taken into account as a | ||||||
7 | deduction for federal income tax purposes if the | ||||||
8 | expense or loss had been uninsured. If a taxpayer | ||||||
9 | makes the election provided for by this subparagraph | ||||||
10 | (Y), the insurer to which the premiums were paid must | ||||||
11 | add back to income the amount subtracted by the | ||||||
12 | taxpayer pursuant to this subparagraph (Y). This | ||||||
13 | subparagraph (Y) is exempt from the provisions of | ||||||
14 | Section 250; and | ||||||
15 | (Z) For taxable years beginning after December 31, | ||||||
16 | 2018 and before January 1, 2026, the amount of excess | ||||||
17 | business loss of the taxpayer disallowed as a | ||||||
18 | deduction by Section 461(l)(1)(B) of the Internal | ||||||
19 | Revenue Code. | ||||||
20 | (3) Limitation. The amount of any modification | ||||||
21 | otherwise required
under this subsection shall, under | ||||||
22 | regulations prescribed by the
Department, be adjusted by | ||||||
23 | any amounts included therein which were
properly paid, | ||||||
24 | credited, or required to be distributed, or permanently | ||||||
25 | set
aside for charitable purposes pursuant to Internal | ||||||
26 | Revenue Code Section
642(c) during the taxable year.
|
| |||||||
| |||||||
1 | (d) Partnerships. | ||||||
2 | (1) In general. In the case of a partnership, base | ||||||
3 | income means an
amount equal to the taxpayer's taxable | ||||||
4 | income for the taxable year as
modified by paragraph (2). | ||||||
5 | (2) Modifications. The taxable income referred to in | ||||||
6 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
7 | of the following amounts: | ||||||
8 | (A) An amount equal to all amounts paid or accrued | ||||||
9 | to the taxpayer as
interest or dividends during the | ||||||
10 | taxable year to the extent excluded from
gross income | ||||||
11 | in the computation of taxable income; | ||||||
12 | (B) An amount equal to the amount of tax imposed by | ||||||
13 | this Act to the
extent deducted from gross income for | ||||||
14 | the taxable year; | ||||||
15 | (C) The amount of deductions allowed to the | ||||||
16 | partnership pursuant to
Section 707 (c) of the | ||||||
17 | Internal Revenue Code in calculating its taxable | ||||||
18 | income; | ||||||
19 | (D) An amount equal to the amount of the capital | ||||||
20 | gain deduction
allowable under the Internal Revenue | ||||||
21 | Code, to the extent deducted from
gross income in the | ||||||
22 | computation of taxable income; | ||||||
23 | (D-5) For taxable years 2001 and thereafter, an | ||||||
24 | amount equal to the
bonus depreciation deduction taken | ||||||
25 | on the taxpayer's federal income tax return for the |
| |||||||
| |||||||
1 | taxable
year under subsection (k) of Section 168 of | ||||||
2 | the Internal Revenue Code; | ||||||
3 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
4 | or otherwise disposes of
property for which the | ||||||
5 | taxpayer was required in any taxable year to make an
| ||||||
6 | addition modification under subparagraph (D-5), then | ||||||
7 | an amount equal to the
aggregate amount of the | ||||||
8 | deductions taken in all taxable years
under | ||||||
9 | subparagraph (O) with respect to that property. | ||||||
10 | If the taxpayer continues to own property through | ||||||
11 | the last day of the last tax year for which the | ||||||
12 | taxpayer may claim a depreciation deduction for | ||||||
13 | federal income tax purposes and for which the taxpayer | ||||||
14 | was allowed in any taxable year to make a subtraction | ||||||
15 | modification under subparagraph (O), then an amount | ||||||
16 | equal to that subtraction modification.
| ||||||
17 | The taxpayer is required to make the addition | ||||||
18 | modification under this
subparagraph
only once with | ||||||
19 | respect to any one piece of property; | ||||||
20 | (D-7) An amount equal to the amount otherwise | ||||||
21 | allowed as a deduction in computing base income for | ||||||
22 | interest paid, accrued, or incurred, directly or | ||||||
23 | indirectly, (i) for taxable years ending on or after | ||||||
24 | December 31, 2004, to a foreign person who would be a | ||||||
25 | member of the same unitary business group but for the | ||||||
26 | fact the foreign person's business activity outside |
| |||||||
| |||||||
1 | the United States is 80% or more of the foreign | ||||||
2 | person's total business activity and (ii) for taxable | ||||||
3 | years ending on or after December 31, 2008, to a person | ||||||
4 | who would be a member of the same unitary business | ||||||
5 | group but for the fact that the person is prohibited | ||||||
6 | under Section 1501(a)(27) from being included in the | ||||||
7 | unitary business group because he or she is ordinarily | ||||||
8 | required to apportion business income under different | ||||||
9 | subsections of Section 304. The addition modification | ||||||
10 | required by this subparagraph shall be reduced to the | ||||||
11 | extent that dividends were included in base income of | ||||||
12 | the unitary group for the same taxable year and | ||||||
13 | received by the taxpayer or by a member of the | ||||||
14 | taxpayer's unitary business group (including amounts | ||||||
15 | included in gross income pursuant to Sections 951 | ||||||
16 | through 964 of the Internal Revenue Code and amounts | ||||||
17 | included in gross income under Section 78 of the | ||||||
18 | Internal Revenue Code) with respect to the stock of | ||||||
19 | the same person to whom the interest was paid, | ||||||
20 | accrued, or incurred.
| ||||||
21 | This paragraph shall not apply to the following:
| ||||||
22 | (i) an item of interest paid, accrued, or | ||||||
23 | incurred, directly or indirectly, to a person who | ||||||
24 | is subject in a foreign country or state, other | ||||||
25 | than a state which requires mandatory unitary | ||||||
26 | reporting, to a tax on or measured by net income |
| |||||||
| |||||||
1 | with respect to such interest; or | ||||||
2 | (ii) an item of interest paid, accrued, or | ||||||
3 | incurred, directly or indirectly, to a person if | ||||||
4 | the taxpayer can establish, based on a | ||||||
5 | preponderance of the evidence, both of the | ||||||
6 | following: | ||||||
7 | (a) the person, during the same taxable | ||||||
8 | year, paid, accrued, or incurred, the interest | ||||||
9 | to a person that is not a related member, and | ||||||
10 | (b) the transaction giving rise to the | ||||||
11 | interest expense between the taxpayer and the | ||||||
12 | person did not have as a principal purpose the | ||||||
13 | avoidance of Illinois income tax, and is paid | ||||||
14 | pursuant to a contract or agreement that | ||||||
15 | reflects an arm's-length interest rate and | ||||||
16 | terms; or
| ||||||
17 | (iii) the taxpayer can establish, based on | ||||||
18 | clear and convincing evidence, that the interest | ||||||
19 | paid, accrued, or incurred relates to a contract | ||||||
20 | or agreement entered into at arm's-length rates | ||||||
21 | and terms and the principal purpose for the | ||||||
22 | payment is not federal or Illinois tax avoidance; | ||||||
23 | or
| ||||||
24 | (iv) an item of interest paid, accrued, or | ||||||
25 | incurred, directly or indirectly, to a person if | ||||||
26 | the taxpayer establishes by clear and convincing |
| |||||||
| |||||||
1 | evidence that the adjustments are unreasonable; or | ||||||
2 | if the taxpayer and the Director agree in writing | ||||||
3 | to the application or use of an alternative method | ||||||
4 | of apportionment under Section 304(f).
| ||||||
5 | Nothing in this subsection shall preclude the | ||||||
6 | Director from making any other adjustment | ||||||
7 | otherwise allowed under Section 404 of this Act | ||||||
8 | for any tax year beginning after the effective | ||||||
9 | date of this amendment provided such adjustment is | ||||||
10 | made pursuant to regulation adopted by the | ||||||
11 | Department and such regulations provide methods | ||||||
12 | and standards by which the Department will utilize | ||||||
13 | its authority under Section 404 of this Act; and
| ||||||
14 | (D-8) An amount equal to the amount of intangible | ||||||
15 | expenses and costs otherwise allowed as a deduction in | ||||||
16 | computing base income, and that were paid, accrued, or | ||||||
17 | incurred, directly or indirectly, (i) for taxable | ||||||
18 | years ending on or after December 31, 2004, to a | ||||||
19 | foreign person who would be a member of the same | ||||||
20 | unitary business group but for the fact that the | ||||||
21 | foreign person's business activity outside the United | ||||||
22 | States is 80% or more of that person's total business | ||||||
23 | activity and (ii) for taxable years ending on or after | ||||||
24 | December 31, 2008, to a person who would be a member of | ||||||
25 | the same unitary business group but for the fact that | ||||||
26 | the person is prohibited under Section 1501(a)(27) |
| |||||||
| |||||||
1 | from being included in the unitary business group | ||||||
2 | because he or she is ordinarily required to apportion | ||||||
3 | business income under different subsections of Section | ||||||
4 | 304. The addition modification required by this | ||||||
5 | subparagraph shall be reduced to the extent that | ||||||
6 | dividends were included in base income of the unitary | ||||||
7 | group for the same taxable year and received by the | ||||||
8 | taxpayer or by a member of the taxpayer's unitary | ||||||
9 | business group (including amounts included in gross | ||||||
10 | income pursuant to Sections 951 through 964 of the | ||||||
11 | Internal Revenue Code and amounts included in gross | ||||||
12 | income under Section 78 of the Internal Revenue Code) | ||||||
13 | with respect to the stock of the same person to whom | ||||||
14 | the intangible expenses and costs were directly or | ||||||
15 | indirectly paid, incurred or accrued. The preceding | ||||||
16 | sentence shall not apply to the extent that the same | ||||||
17 | dividends caused a reduction to the addition | ||||||
18 | modification required under Section 203(d)(2)(D-7) of | ||||||
19 | this Act. As used in this subparagraph, the term | ||||||
20 | "intangible expenses and costs" includes (1) expenses, | ||||||
21 | losses, and costs for, or related to, the direct or | ||||||
22 | indirect acquisition, use, maintenance or management, | ||||||
23 | ownership, sale, exchange, or any other disposition of | ||||||
24 | intangible property; (2) losses incurred, directly or | ||||||
25 | indirectly, from factoring transactions or discounting | ||||||
26 | transactions; (3) royalty, patent, technical, and |
| |||||||
| |||||||
1 | copyright fees; (4) licensing fees; and (5) other | ||||||
2 | similar expenses and costs. For purposes of this | ||||||
3 | subparagraph, "intangible property" includes patents, | ||||||
4 | patent applications, trade names, trademarks, service | ||||||
5 | marks, copyrights, mask works, trade secrets, and | ||||||
6 | similar types of intangible assets; | ||||||
7 | This paragraph shall not apply to the following: | ||||||
8 | (i) any item of intangible expenses or costs | ||||||
9 | paid, accrued, or incurred, directly or | ||||||
10 | indirectly, from a transaction with a person who | ||||||
11 | is subject in a foreign country or state, other | ||||||
12 | than a state which requires mandatory unitary | ||||||
13 | reporting, to a tax on or measured by net income | ||||||
14 | with respect to such item; or | ||||||
15 | (ii) any item of intangible expense or cost | ||||||
16 | paid, accrued, or incurred, directly or | ||||||
17 | indirectly, if the taxpayer can establish, based | ||||||
18 | on a preponderance of the evidence, both of the | ||||||
19 | following: | ||||||
20 | (a) the person during the same taxable | ||||||
21 | year paid, accrued, or incurred, the | ||||||
22 | intangible expense or cost to a person that is | ||||||
23 | not a related member, and | ||||||
24 | (b) the transaction giving rise to the | ||||||
25 | intangible expense or cost between the | ||||||
26 | taxpayer and the person did not have as a |
| |||||||
| |||||||
1 | principal purpose the avoidance of Illinois | ||||||
2 | income tax, and is paid pursuant to a contract | ||||||
3 | or agreement that reflects arm's-length terms; | ||||||
4 | or | ||||||
5 | (iii) any item of intangible expense or cost | ||||||
6 | paid, accrued, or incurred, directly or | ||||||
7 | indirectly, from a transaction with a person if | ||||||
8 | the taxpayer establishes by clear and convincing | ||||||
9 | evidence, that the adjustments are unreasonable; | ||||||
10 | or if the taxpayer and the Director agree in | ||||||
11 | writing to the application or use of an | ||||||
12 | alternative method of apportionment under Section | ||||||
13 | 304(f);
| ||||||
14 | Nothing in this subsection shall preclude the | ||||||
15 | Director from making any other adjustment | ||||||
16 | otherwise allowed under Section 404 of this Act | ||||||
17 | for any tax year beginning after the effective | ||||||
18 | date of this amendment provided such adjustment is | ||||||
19 | made pursuant to regulation adopted by the | ||||||
20 | Department and such regulations provide methods | ||||||
21 | and standards by which the Department will utilize | ||||||
22 | its authority under Section 404 of this Act;
| ||||||
23 | (D-9) For taxable years ending on or after | ||||||
24 | December 31, 2008, an amount equal to the amount of | ||||||
25 | insurance premium expenses and costs otherwise allowed | ||||||
26 | as a deduction in computing base income, and that were |
| |||||||
| |||||||
1 | paid, accrued, or incurred, directly or indirectly, to | ||||||
2 | a person who would be a member of the same unitary | ||||||
3 | business group but for the fact that the person is | ||||||
4 | prohibited under Section 1501(a)(27) from being | ||||||
5 | included in the unitary business group because he or | ||||||
6 | she is ordinarily required to apportion business | ||||||
7 | income under different subsections of Section 304. The | ||||||
8 | addition modification required by this subparagraph | ||||||
9 | shall be reduced to the extent that dividends were | ||||||
10 | included in base income of the unitary group for the | ||||||
11 | same taxable year and received by the taxpayer or by a | ||||||
12 | member of the taxpayer's unitary business group | ||||||
13 | (including amounts included in gross income under | ||||||
14 | Sections 951 through 964 of the Internal Revenue Code | ||||||
15 | and amounts included in gross income under Section 78 | ||||||
16 | of the Internal Revenue Code) with respect to the | ||||||
17 | stock of the same person to whom the premiums and costs | ||||||
18 | were directly or indirectly paid, incurred, or | ||||||
19 | accrued. The preceding sentence does not apply to the | ||||||
20 | extent that the same dividends caused a reduction to | ||||||
21 | the addition modification required under Section | ||||||
22 | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; | ||||||
23 | (D-10) An amount equal to the credit allowable to | ||||||
24 | the taxpayer under Section 218(a) of this Act, | ||||||
25 | determined without regard to Section 218(c) of this | ||||||
26 | Act; |
| |||||||
| |||||||
1 | (D-11) For taxable years ending on or after | ||||||
2 | December 31, 2017, an amount equal to the deduction | ||||||
3 | allowed under Section 199 of the Internal Revenue Code | ||||||
4 | for the taxable year; | ||||||
5 | and by deducting from the total so obtained the following | ||||||
6 | amounts: | ||||||
7 | (E) The valuation limitation amount; | ||||||
8 | (F) An amount equal to the amount of any tax | ||||||
9 | imposed by this Act which
was refunded to the taxpayer | ||||||
10 | and included in such total for the taxable year; | ||||||
11 | (G) An amount equal to all amounts included in | ||||||
12 | taxable income as
modified by subparagraphs (A), (B), | ||||||
13 | (C) and (D) which are exempt from
taxation by this | ||||||
14 | State either by reason of its statutes or Constitution | ||||||
15 | or
by reason of
the Constitution, treaties or statutes | ||||||
16 | of the United States;
provided that, in the case of any | ||||||
17 | statute of this State that exempts income
derived from | ||||||
18 | bonds or other obligations from the tax imposed under | ||||||
19 | this Act,
the amount exempted shall be the interest | ||||||
20 | net of bond premium amortization; | ||||||
21 | (H) Any income of the partnership which | ||||||
22 | constitutes personal service
income as defined in | ||||||
23 | Section 1348(b)(1) of the Internal Revenue Code (as
in | ||||||
24 | effect December 31, 1981) or a reasonable allowance | ||||||
25 | for compensation
paid or accrued for services rendered | ||||||
26 | by partners to the partnership,
whichever is greater; |
| |||||||
| |||||||
1 | this subparagraph (H) is exempt from the provisions of | ||||||
2 | Section 250; | ||||||
3 | (I) An amount equal to all amounts of income | ||||||
4 | distributable to an entity
subject to the Personal | ||||||
5 | Property Tax Replacement Income Tax imposed by
| ||||||
6 | subsections (c) and (d) of Section 201 of this Act | ||||||
7 | including amounts
distributable to organizations | ||||||
8 | exempt from federal income tax by reason of
Section | ||||||
9 | 501(a) of the Internal Revenue Code; this subparagraph | ||||||
10 | (I) is exempt from the provisions of Section 250; | ||||||
11 | (J) With the exception of any amounts subtracted | ||||||
12 | under subparagraph
(G),
an amount equal to the sum of | ||||||
13 | all amounts disallowed as deductions
by (i) Sections | ||||||
14 | 171(a)(2) , and 265(a)(2) of the Internal Revenue Code, | ||||||
15 | and all amounts of expenses allocable to
interest and | ||||||
16 | disallowed as deductions by Section 265(a)(1) of the | ||||||
17 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
18 | ending on or after August 13, 1999, Sections
| ||||||
19 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
20 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
21 | ending on or after December 31, 2011, Section | ||||||
22 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
23 | taxable years ending on or after December 31, 2008, | ||||||
24 | any amount included in gross income under Section 87 | ||||||
25 | of the Internal Revenue Code; the provisions of this
| ||||||
26 | subparagraph are exempt from the provisions of Section |
| |||||||
| |||||||
1 | 250; | ||||||
2 | (K) An amount equal to those dividends included in | ||||||
3 | such total which were
paid by a corporation which | ||||||
4 | conducts business operations in a River Edge | ||||||
5 | Redevelopment Zone or zones created under the River | ||||||
6 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
7 | all of its operations
from a River Edge Redevelopment | ||||||
8 | Zone or zones. This subparagraph (K) is exempt from | ||||||
9 | the provisions of Section 250; | ||||||
10 | (L) An amount equal to any contribution made to a | ||||||
11 | job training project
established pursuant to the Real | ||||||
12 | Property Tax Increment Allocation
Redevelopment Act; | ||||||
13 | (M) An amount equal to those dividends included in | ||||||
14 | such total
that were paid by a corporation that | ||||||
15 | conducts business operations in a
federally designated | ||||||
16 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
17 | a
High Impact Business located in Illinois; provided | ||||||
18 | that dividends eligible
for the deduction provided in | ||||||
19 | subparagraph (K) of paragraph (2) of this
subsection | ||||||
20 | shall not be eligible for the deduction provided under | ||||||
21 | this
subparagraph (M); | ||||||
22 | (N) An amount equal to the amount of the deduction | ||||||
23 | used to compute the
federal income tax credit for | ||||||
24 | restoration of substantial amounts held under
claim of | ||||||
25 | right for the taxable year pursuant to Section 1341 of | ||||||
26 | the
Internal Revenue Code; |
| |||||||
| |||||||
1 | (O) For taxable years 2001 and thereafter, for the | ||||||
2 | taxable year in
which the bonus depreciation deduction
| ||||||
3 | is taken on the taxpayer's federal income tax return | ||||||
4 | under
subsection (k) of Section 168 of the Internal | ||||||
5 | Revenue Code and for each
applicable taxable year | ||||||
6 | thereafter, an amount equal to "x", where: | ||||||
7 | (1) "y" equals the amount of the depreciation | ||||||
8 | deduction taken for the
taxable year
on the | ||||||
9 | taxpayer's federal income tax return on property | ||||||
10 | for which the bonus
depreciation deduction
was | ||||||
11 | taken in any year under subsection (k) of Section | ||||||
12 | 168 of the Internal
Revenue Code, but not | ||||||
13 | including the bonus depreciation deduction; | ||||||
14 | (2) for taxable years ending on or before | ||||||
15 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
16 | and then divided by 70 (or "y"
multiplied by | ||||||
17 | 0.429); and | ||||||
18 | (3) for taxable years ending after December | ||||||
19 | 31, 2005: | ||||||
20 | (i) for property on which a bonus | ||||||
21 | depreciation deduction of 30% of the adjusted | ||||||
22 | basis was taken, "x" equals "y" multiplied by | ||||||
23 | 30 and then divided by 70 (or "y"
multiplied | ||||||
24 | by 0.429); and | ||||||
25 | (ii) for property on which a bonus | ||||||
26 | depreciation deduction of 50% of the adjusted |
| |||||||
| |||||||
1 | basis was taken, "x" equals "y" multiplied by | ||||||
2 | 1.0. | ||||||
3 | The aggregate amount deducted under this | ||||||
4 | subparagraph in all taxable
years for any one piece of | ||||||
5 | property may not exceed the amount of the bonus
| ||||||
6 | depreciation deduction
taken on that property on the | ||||||
7 | taxpayer's federal income tax return under
subsection | ||||||
8 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
9 | subparagraph (O) is exempt from the provisions of | ||||||
10 | Section 250; | ||||||
11 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
12 | otherwise disposes of
property for which the taxpayer | ||||||
13 | was required in any taxable year to make an
addition | ||||||
14 | modification under subparagraph (D-5), then an amount | ||||||
15 | equal to that
addition modification. | ||||||
16 | If the taxpayer continues to own property through | ||||||
17 | the last day of the last tax year for which the | ||||||
18 | taxpayer may claim a depreciation deduction for | ||||||
19 | federal income tax purposes and for which the taxpayer | ||||||
20 | was required in any taxable year to make an addition | ||||||
21 | modification under subparagraph (D-5), then an amount | ||||||
22 | equal to that addition modification.
| ||||||
23 | The taxpayer is allowed to take the deduction | ||||||
24 | under this subparagraph
only once with respect to any | ||||||
25 | one piece of property. | ||||||
26 | This subparagraph (P) is exempt from the |
| |||||||
| |||||||
1 | provisions of Section 250; | ||||||
2 | (Q) The amount of (i) any interest income (net of | ||||||
3 | the deductions allocable thereto) taken into account | ||||||
4 | for the taxable year with respect to a transaction | ||||||
5 | with a taxpayer that is required to make an addition | ||||||
6 | modification with respect to such transaction under | ||||||
7 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
8 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
9 | the amount of such addition modification and
(ii) any | ||||||
10 | income from intangible property (net of the deductions | ||||||
11 | allocable thereto) taken into account for the taxable | ||||||
12 | year with respect to a transaction with a taxpayer | ||||||
13 | that is required to make an addition modification with | ||||||
14 | respect to such transaction under Section | ||||||
15 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
16 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
17 | addition modification. This subparagraph (Q) is exempt | ||||||
18 | from Section 250;
| ||||||
19 | (R) An amount equal to the interest income taken | ||||||
20 | into account for the taxable year (net of the | ||||||
21 | deductions allocable thereto) with respect to | ||||||
22 | transactions with (i) a foreign person who would be a | ||||||
23 | member of the taxpayer's unitary business group but | ||||||
24 | for the fact that the foreign person's business | ||||||
25 | activity outside the United States is 80% or more of | ||||||
26 | that person's total business activity and (ii) for |
| |||||||
| |||||||
1 | taxable years ending on or after December 31, 2008, to | ||||||
2 | a person who would be a member of the same unitary | ||||||
3 | business group but for the fact that the person is | ||||||
4 | prohibited under Section 1501(a)(27) from being | ||||||
5 | included in the unitary business group because he or | ||||||
6 | she is ordinarily required to apportion business | ||||||
7 | income under different subsections of Section 304, but | ||||||
8 | not to exceed the addition modification required to be | ||||||
9 | made for the same taxable year under Section | ||||||
10 | 203(d)(2)(D-7) for interest paid, accrued, or | ||||||
11 | incurred, directly or indirectly, to the same person. | ||||||
12 | This subparagraph (R) is exempt from Section 250; | ||||||
13 | (S) An amount equal to the income from intangible | ||||||
14 | property taken into account for the taxable year (net | ||||||
15 | of the deductions allocable thereto) with respect to | ||||||
16 | transactions with (i) a foreign person who would be a | ||||||
17 | member of the taxpayer's unitary business group but | ||||||
18 | for the fact that the foreign person's business | ||||||
19 | activity outside the United States is 80% or more of | ||||||
20 | that person's total business activity and (ii) for | ||||||
21 | taxable years ending on or after December 31, 2008, to | ||||||
22 | a person who would be a member of the same unitary | ||||||
23 | business group but for the fact that the person is | ||||||
24 | prohibited under Section 1501(a)(27) from being | ||||||
25 | included in the unitary business group because he or | ||||||
26 | she is ordinarily required to apportion business |
| |||||||
| |||||||
1 | income under different subsections of Section 304, but | ||||||
2 | not to exceed the addition modification required to be | ||||||
3 | made for the same taxable year under Section | ||||||
4 | 203(d)(2)(D-8) for intangible expenses and costs paid, | ||||||
5 | accrued, or incurred, directly or indirectly, to the | ||||||
6 | same person. This subparagraph (S) is exempt from | ||||||
7 | Section 250; and
| ||||||
8 | (T) For taxable years ending on or after December | ||||||
9 | 31, 2011, in the case of a taxpayer who was required to | ||||||
10 | add back any insurance premiums under Section | ||||||
11 | 203(d)(2)(D-9), such taxpayer may elect to subtract | ||||||
12 | that part of a reimbursement received from the | ||||||
13 | insurance company equal to the amount of the expense | ||||||
14 | or loss (including expenses incurred by the insurance | ||||||
15 | company) that would have been taken into account as a | ||||||
16 | deduction for federal income tax purposes if the | ||||||
17 | expense or loss had been uninsured. If a taxpayer | ||||||
18 | makes the election provided for by this subparagraph | ||||||
19 | (T), the insurer to which the premiums were paid must | ||||||
20 | add back to income the amount subtracted by the | ||||||
21 | taxpayer pursuant to this subparagraph (T). This | ||||||
22 | subparagraph (T) is exempt from the provisions of | ||||||
23 | Section 250.
| ||||||
24 | (e) Gross income; adjusted gross income; taxable income. | ||||||
25 | (1) In general. Subject to the provisions of paragraph |
| |||||||
| |||||||
1 | (2) and
subsection (b)(3), for purposes of this Section | ||||||
2 | and Section 803(e), a
taxpayer's gross income, adjusted | ||||||
3 | gross income, or taxable income for
the taxable year shall | ||||||
4 | mean the amount of gross income, adjusted gross
income or | ||||||
5 | taxable income properly reportable for federal income tax
| ||||||
6 | purposes for the taxable year under the provisions of the | ||||||
7 | Internal
Revenue Code. Taxable income may be less than | ||||||
8 | zero. However, for taxable
years ending on or after | ||||||
9 | December 31, 1986, net operating loss
carryforwards from | ||||||
10 | taxable years ending prior to December 31, 1986, may not
| ||||||
11 | exceed the sum of federal taxable income for the taxable | ||||||
12 | year before net
operating loss deduction, plus the excess | ||||||
13 | of addition modifications over
subtraction modifications | ||||||
14 | for the taxable year. For taxable years ending
prior to | ||||||
15 | December 31, 1986, taxable income may never be an amount | ||||||
16 | in excess
of the net operating loss for the taxable year as | ||||||
17 | defined in subsections
(c) and (d) of Section 172 of the | ||||||
18 | Internal Revenue Code, provided that when
taxable income | ||||||
19 | of a corporation (other than a Subchapter S corporation),
| ||||||
20 | trust, or estate is less than zero and addition | ||||||
21 | modifications, other than
those provided by subparagraph | ||||||
22 | (E) of paragraph (2) of subsection (b) for
corporations or | ||||||
23 | subparagraph (E) of paragraph (2) of subsection (c) for
| ||||||
24 | trusts and estates, exceed subtraction modifications, an | ||||||
25 | addition
modification must be made under those | ||||||
26 | subparagraphs for any other taxable
year to which the |
| |||||||
| |||||||
1 | taxable income less than zero (net operating loss) is
| ||||||
2 | applied under Section 172 of the Internal Revenue Code or | ||||||
3 | under
subparagraph (E) of paragraph (2) of this subsection | ||||||
4 | (e) applied in
conjunction with Section 172 of the | ||||||
5 | Internal Revenue Code. | ||||||
6 | (2) Special rule. For purposes of paragraph (1) of | ||||||
7 | this subsection,
the taxable income properly reportable | ||||||
8 | for federal income tax purposes
shall mean: | ||||||
9 | (A) Certain life insurance companies. In the case | ||||||
10 | of a life
insurance company subject to the tax imposed | ||||||
11 | by Section 801 of the
Internal Revenue Code, life | ||||||
12 | insurance company taxable income, plus the
amount of | ||||||
13 | distribution from pre-1984 policyholder surplus | ||||||
14 | accounts as
calculated under Section 815a of the | ||||||
15 | Internal Revenue Code; | ||||||
16 | (B) Certain other insurance companies. In the case | ||||||
17 | of mutual
insurance companies subject to the tax | ||||||
18 | imposed by Section 831 of the
Internal Revenue Code, | ||||||
19 | insurance company taxable income; | ||||||
20 | (C) Regulated investment companies. In the case of | ||||||
21 | a regulated
investment company subject to the tax | ||||||
22 | imposed by Section 852 of the
Internal Revenue Code, | ||||||
23 | investment company taxable income; | ||||||
24 | (D) Real estate investment trusts. In the case of | ||||||
25 | a real estate
investment trust subject to the tax | ||||||
26 | imposed by Section 857 of the
Internal Revenue Code, |
| |||||||
| |||||||
1 | real estate investment trust taxable income; | ||||||
2 | (E) Consolidated corporations. In the case of a | ||||||
3 | corporation which
is a member of an affiliated group | ||||||
4 | of corporations filing a consolidated
income tax | ||||||
5 | return for the taxable year for federal income tax | ||||||
6 | purposes,
taxable income determined as if such | ||||||
7 | corporation had filed a separate
return for federal | ||||||
8 | income tax purposes for the taxable year and each
| ||||||
9 | preceding taxable year for which it was a member of an | ||||||
10 | affiliated group.
For purposes of this subparagraph, | ||||||
11 | the taxpayer's separate taxable
income shall be | ||||||
12 | determined as if the election provided by Section
| ||||||
13 | 243(b)(2) of the Internal Revenue Code had been in | ||||||
14 | effect for all such years; | ||||||
15 | (F) Cooperatives. In the case of a cooperative | ||||||
16 | corporation or
association, the taxable income of such | ||||||
17 | organization determined in
accordance with the | ||||||
18 | provisions of Section 1381 through 1388 of the
| ||||||
19 | Internal Revenue Code, but without regard to the | ||||||
20 | prohibition against offsetting losses from patronage | ||||||
21 | activities against income from nonpatronage | ||||||
22 | activities; except that a cooperative corporation or | ||||||
23 | association may make an election to follow its federal | ||||||
24 | income tax treatment of patronage losses and | ||||||
25 | nonpatronage losses. In the event such election is | ||||||
26 | made, such losses shall be computed and carried over |
| |||||||
| |||||||
1 | in a manner consistent with subsection (a) of Section | ||||||
2 | 207 of this Act and apportioned by the apportionment | ||||||
3 | factor reported by the cooperative on its Illinois | ||||||
4 | income tax return filed for the taxable year in which | ||||||
5 | the losses are incurred. The election shall be | ||||||
6 | effective for all taxable years with original returns | ||||||
7 | due on or after the date of the election. In addition, | ||||||
8 | the cooperative may file an amended return or returns, | ||||||
9 | as allowed under this Act, to provide that the | ||||||
10 | election shall be effective for losses incurred or | ||||||
11 | carried forward for taxable years occurring prior to | ||||||
12 | the date of the election. Once made, the election may | ||||||
13 | only be revoked upon approval of the Director. The | ||||||
14 | Department shall adopt rules setting forth | ||||||
15 | requirements for documenting the elections and any | ||||||
16 | resulting Illinois net loss and the standards to be | ||||||
17 | used by the Director in evaluating requests to revoke | ||||||
18 | elections. Public Act 96-932 is declaratory of | ||||||
19 | existing law; | ||||||
20 | (G) Subchapter S corporations. In the case of: (i) | ||||||
21 | a Subchapter S
corporation for which there is in | ||||||
22 | effect an election for the taxable year
under Section | ||||||
23 | 1362 of the Internal Revenue Code, the taxable income | ||||||
24 | of such
corporation determined in accordance with | ||||||
25 | Section 1363(b) of the Internal
Revenue Code, except | ||||||
26 | that taxable income shall take into
account those |
| |||||||
| |||||||
1 | items which are required by Section 1363(b)(1) of the
| ||||||
2 | Internal Revenue Code to be separately stated; and | ||||||
3 | (ii) a Subchapter
S corporation for which there is in | ||||||
4 | effect a federal election to opt out of
the provisions | ||||||
5 | of the Subchapter S Revision Act of 1982 and have | ||||||
6 | applied
instead the prior federal Subchapter S rules | ||||||
7 | as in effect on July 1, 1982,
the taxable income of | ||||||
8 | such corporation determined in accordance with the
| ||||||
9 | federal Subchapter S rules as in effect on July 1, | ||||||
10 | 1982; and | ||||||
11 | (H) Partnerships. In the case of a partnership, | ||||||
12 | taxable income
determined in accordance with Section | ||||||
13 | 703 of the Internal Revenue Code,
except that taxable | ||||||
14 | income shall take into account those items which are
| ||||||
15 | required by Section 703(a)(1) to be separately stated | ||||||
16 | but which would be
taken into account by an individual | ||||||
17 | in calculating his taxable income. | ||||||
18 | (3) Recapture of business expenses on disposition of | ||||||
19 | asset or business. Notwithstanding any other law to the | ||||||
20 | contrary, if in prior years income from an asset or | ||||||
21 | business has been classified as business income and in a | ||||||
22 | later year is demonstrated to be non-business income, then | ||||||
23 | all expenses, without limitation, deducted in such later | ||||||
24 | year and in the 2 immediately preceding taxable years | ||||||
25 | related to that asset or business that generated the | ||||||
26 | non-business income shall be added back and recaptured as |
| |||||||
| |||||||
1 | business income in the year of the disposition of the | ||||||
2 | asset or business. Such amount shall be apportioned to | ||||||
3 | Illinois using the greater of the apportionment fraction | ||||||
4 | computed for the business under Section 304 of this Act | ||||||
5 | for the taxable year or the average of the apportionment | ||||||
6 | fractions computed for the business under Section 304 of | ||||||
7 | this Act for the taxable year and for the 2 immediately | ||||||
8 | preceding taxable years.
| ||||||
9 | (f) Valuation limitation amount. | ||||||
10 | (1) In general. The valuation limitation amount | ||||||
11 | referred to in
subsections (a)(2)(G), (c)(2)(I) and | ||||||
12 | (d)(2)(E) is an amount equal to: | ||||||
13 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
14 | amounts (to the
extent consisting of gain reportable | ||||||
15 | under the provisions of Section
1245 or 1250 of the | ||||||
16 | Internal Revenue Code) for all property in respect
of | ||||||
17 | which such gain was reported for the taxable year; | ||||||
18 | plus | ||||||
19 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
20 | 1969 appreciation
amounts (to the extent consisting of | ||||||
21 | capital gain) for all property in
respect of which | ||||||
22 | such gain was reported for federal income tax purposes
| ||||||
23 | for the taxable year, or (ii) the net capital gain for | ||||||
24 | the taxable year,
reduced in either case by any amount | ||||||
25 | of such gain included in the amount
determined under |
| |||||||
| |||||||
1 | subsection (a)(2)(F) or (c)(2)(H). | ||||||
2 | (2) Pre-August 1, 1969 appreciation amount. | ||||||
3 | (A) If the fair market value of property referred | ||||||
4 | to in paragraph
(1) was readily ascertainable on | ||||||
5 | August 1, 1969, the pre-August 1, 1969
appreciation | ||||||
6 | amount for such property is the lesser of (i) the | ||||||
7 | excess of
such fair market value over the taxpayer's | ||||||
8 | basis (for determining gain)
for such property on that | ||||||
9 | date (determined under the Internal Revenue
Code as in | ||||||
10 | effect on that date), or (ii) the total gain realized | ||||||
11 | and
reportable for federal income tax purposes in | ||||||
12 | respect of the sale,
exchange or other disposition of | ||||||
13 | such property. | ||||||
14 | (B) If the fair market value of property referred | ||||||
15 | to in paragraph
(1) was not readily ascertainable on | ||||||
16 | August 1, 1969, the pre-August 1,
1969 appreciation | ||||||
17 | amount for such property is that amount which bears
| ||||||
18 | the same ratio to the total gain reported in respect of | ||||||
19 | the property for
federal income tax purposes for the | ||||||
20 | taxable year, as the number of full
calendar months in | ||||||
21 | that part of the taxpayer's holding period for the
| ||||||
22 | property ending July 31, 1969 bears to the number of | ||||||
23 | full calendar
months in the taxpayer's entire holding | ||||||
24 | period for the
property. | ||||||
25 | (C) The Department shall prescribe such | ||||||
26 | regulations as may be
necessary to carry out the |
| |||||||
| |||||||
1 | purposes of this paragraph.
| ||||||
2 | (g) Double deductions. Unless specifically provided | ||||||
3 | otherwise, nothing
in this Section shall permit the same item | ||||||
4 | to be deducted more than once.
| ||||||
5 | (h) Legislative intention. Except as expressly provided by | ||||||
6 | this
Section there shall be no modifications or limitations on | ||||||
7 | the amounts
of income, gain, loss or deduction taken into | ||||||
8 | account in determining
gross income, adjusted gross income or | ||||||
9 | taxable income for federal income
tax purposes for the taxable | ||||||
10 | year, or in the amount of such items
entering into the | ||||||
11 | computation of base income and net income under this
Act for | ||||||
12 | such taxable year, whether in respect of property values as of
| ||||||
13 | August 1, 1969 or otherwise. | ||||||
14 | (Source: P.A. 100-22, eff. 7-6-17; 100-905, eff. 8-17-18; | ||||||
15 | 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; revised 9-20-19.)
| ||||||
16 | (35 ILCS 5/229)
| ||||||
17 | Sec. 229. Data center construction employment tax credit. | ||||||
18 | (a) A taxpayer who has been awarded a credit by the | ||||||
19 | Department of Commerce and Economic Opportunity under Section | ||||||
20 | 605-1025 of the Department of Commerce and Economic | ||||||
21 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
22 | is entitled to a credit against the taxes imposed under | ||||||
23 | subsections (a) and (b) of Section 201 of this Act. The amount |
| |||||||
| |||||||
1 | of the credit shall be 20% of the wages paid during the taxable | ||||||
2 | year to a full-time or part-time employee of a construction | ||||||
3 | contractor employed by a certified data center if those wages | ||||||
4 | are paid for the construction of a new data center in a | ||||||
5 | geographic area that meets any one of the following criteria: | ||||||
6 | (1) the area has a poverty rate of at least 20%, | ||||||
7 | according to the U.S. Census Bureau American Community | ||||||
8 | Survey 5-Year Estimates; | ||||||
9 | (2) 75% or more of the children in the area | ||||||
10 | participate in the federal free lunch program, according | ||||||
11 | to reported statistics from the State Board of Education; | ||||||
12 | (3) 20% or more of the households in the area receive | ||||||
13 | assistance under the Supplemental Nutrition Assistance | ||||||
14 | Program (SNAP), according to data from the U.S. Census | ||||||
15 | Bureau American Community Survey 5-year Estimates; or | ||||||
16 | (4) the area has an average unemployment rate, as | ||||||
17 | determined by the Department of Employment Security, that | ||||||
18 | is more than 120% of the national unemployment average, as | ||||||
19 | determined by the U.S. Department of Labor, for a period | ||||||
20 | of at least 2 consecutive calendar years preceding the | ||||||
21 | date of the application. | ||||||
22 | If the taxpayer is a partnership, a Subchapter S | ||||||
23 | corporation, or a limited liability company that has elected | ||||||
24 | partnership tax treatment, the credit shall be allowed to the | ||||||
25 | partners, shareholders, or members in accordance with the | ||||||
26 | determination of income and distributive share of income under |
| |||||||
| |||||||
1 | Sections 702 and 704 and subchapter S of the Internal Revenue | ||||||
2 | Code, as applicable. The Department, in cooperation with the | ||||||
3 | Department of Commerce and Economic Opportunity, shall adopt | ||||||
4 | rules to enforce and administer this Section. This Section is | ||||||
5 | exempt from the provisions of Section 250 of this Act. | ||||||
6 | (b) In no event shall a credit under this Section reduce | ||||||
7 | the taxpayer's liability to less than zero. If the amount of | ||||||
8 | the credit exceeds the tax liability for the year, the excess | ||||||
9 | may be carried forward and applied to the tax liability of the | ||||||
10 | 5 taxable years following the excess credit year. The tax | ||||||
11 | credit shall be applied to the earliest year for which there is | ||||||
12 | a tax liability. If there are credits for more than one year | ||||||
13 | that are available to offset a liability, the earlier credit | ||||||
14 | shall be applied first. | ||||||
15 | (c) No credit shall be allowed with respect to any | ||||||
16 | certification for any taxable year ending after the revocation | ||||||
17 | of the certification by the Department of Commerce and | ||||||
18 | Economic Opportunity. Upon receiving notification by the | ||||||
19 | Department of Commerce and Economic Opportunity of the | ||||||
20 | revocation of certification, the Department shall notify the | ||||||
21 | taxpayer that no credit is allowed for any taxable year ending | ||||||
22 | after the revocation date, as stated in such notification. If | ||||||
23 | any credit has been allowed with respect to a certification | ||||||
24 | for a taxable year ending after the revocation date, any | ||||||
25 | refund paid to the taxpayer for that taxable year shall, to the | ||||||
26 | extent of that credit allowed, be an erroneous refund within |
| |||||||
| |||||||
1 | the meaning of Section 912 of this Act.
| ||||||
2 | (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
| ||||||
3 | (35 ILCS 5/230) | ||||||
4 | (This Section was added by P.A. 101-8, which did not take | ||||||
5 | effect (see Section 99 of P.A. 101-8)) | ||||||
6 | Sec. 230 229 . Child tax credit. | ||||||
7 | (a) For taxable years beginning on or after January 1, | ||||||
8 | 2021, there shall be allowed as a credit against the tax | ||||||
9 | imposed by Section 201 for the taxable year with respect to | ||||||
10 | each child of the taxpayer who is under the age of 17 and for | ||||||
11 | whom the taxpayer is allowed an additional exemption under | ||||||
12 | Section 204 an amount equal to $100. | ||||||
13 | (b) The amount of the credit allowed under subsection (a) | ||||||
14 | shall be reduced by $5 for each $2,000 by which the taxpayer's | ||||||
15 | net income exceeds $60,000 in the case of a joint return or | ||||||
16 | exceeds $40,000 in the case of any other form of return. | ||||||
17 | (c) In no event shall a credit under this Section reduce | ||||||
18 | the taxpayer's liability to less than zero. | ||||||
19 | (d) This Section is exempt from the provisions of Section | ||||||
20 | 250.
| ||||||
21 | (Source: P.A. 101-8, see Section 99 for effective date; | ||||||
22 | revised 11-18-20.)
| ||||||
23 | (35 ILCS 5/231) | ||||||
24 | Sec. 231 229 . Apprenticeship education expense credit. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Department" means the Department of Commerce and Economic | ||||||
3 | Opportunity. | ||||||
4 | "Employer" means an Illinois taxpayer who is the employer | ||||||
5 | of the qualifying apprentice. | ||||||
6 | "Qualifying apprentice" means an individual who: (i) is a | ||||||
7 | resident of the State of Illinois; (ii) is at least 16 years | ||||||
8 | old at the close of the school year for which a credit is | ||||||
9 | sought; (iii) during the school year for which a credit is | ||||||
10 | sought, was a full-time apprentice enrolled in an | ||||||
11 | apprenticeship program which is registered with the United | ||||||
12 | States Department of Labor, Office of Apprenticeship; and (iv) | ||||||
13 | is employed in Illinois by the taxpayer who is the employer. | ||||||
14 | "Qualified education expense" means the amount incurred on | ||||||
15 | behalf of a qualifying apprentice not to exceed $3,500 for | ||||||
16 | tuition, book fees, and lab fees at the school or community | ||||||
17 | college in which the apprentice is enrolled during the regular | ||||||
18 | school year. | ||||||
19 | "School" means any public or nonpublic secondary school in | ||||||
20 | Illinois that is: (i) an institution of higher education that | ||||||
21 | provides a program that leads to an industry-recognized | ||||||
22 | postsecondary credential or degree; (ii) an entity that | ||||||
23 | carries out programs registered under the federal National | ||||||
24 | Apprenticeship Act; or (iii) another public or private | ||||||
25 | provider of a program of training services, which may include | ||||||
26 | a joint labor-management organization. |
| |||||||
| |||||||
1 | (b) For taxable years beginning on or after January 1, | ||||||
2 | 2020, and beginning on or before January 1, 2025, the employer | ||||||
3 | of one or more qualifying apprentices shall be allowed a | ||||||
4 | credit against the tax imposed by subsections (a) and (b) of | ||||||
5 | Section 201 of the Illinois Income Tax Act for qualified | ||||||
6 | education expenses incurred on behalf of a qualifying | ||||||
7 | apprentice. The credit shall be equal to 100% of the qualified | ||||||
8 | education expenses, but in no event may the total credit | ||||||
9 | amount awarded to a single taxpayer in a single taxable year | ||||||
10 | exceed $3,500 per qualifying apprentice. A taxpayer shall be | ||||||
11 | entitled to an additional $1,500 credit against the tax | ||||||
12 | imposed by subsections (a) and (b) of Section 201 of the | ||||||
13 | Illinois Income Tax Act if (i) the qualifying apprentice | ||||||
14 | resides in an underserved area as defined in Section 5-5 of the | ||||||
15 | Economic Development for a Growing Economy Tax Credit Act | ||||||
16 | during the school year for which a credit is sought by an | ||||||
17 | employer or (ii) the employer's principal place of business is | ||||||
18 | located in an underserved area, as defined in Section 5-5 of | ||||||
19 | the Economic Development for a Growing Economy Tax Credit Act. | ||||||
20 | In no event shall a credit under this Section reduce the | ||||||
21 | taxpayer's liability under this Act to less than zero.
For | ||||||
22 | partners, shareholders of Subchapter S corporations, and | ||||||
23 | owners of limited liability companies, if the liability | ||||||
24 | company is treated as a partnership for purposes of federal | ||||||
25 | and State income taxation, there shall be allowed a credit | ||||||
26 | under this Section to be determined in accordance with the |
| |||||||
| |||||||
1 | determination of income and distributive share of income under | ||||||
2 | Sections 702 and 704 and Subchapter S of the Internal Revenue | ||||||
3 | Code. | ||||||
4 | (c) The Department shall implement a program to certify | ||||||
5 | applicants for an apprenticeship credit under this Section. | ||||||
6 | Upon satisfactory review, the Department shall issue a tax | ||||||
7 | credit certificate to an employer incurring costs on behalf of | ||||||
8 | a qualifying apprentice stating the amount of the tax credit | ||||||
9 | to which the employer is entitled. If the employer is seeking a | ||||||
10 | tax credit for multiple qualifying apprentices, the Department | ||||||
11 | may issue a single tax credit certificate that encompasses the | ||||||
12 | aggregate total of tax credits for qualifying apprentices for | ||||||
13 | a single employer. | ||||||
14 | (d) The Department, in addition to those powers granted | ||||||
15 | under the Civil Administrative Code of Illinois, is granted | ||||||
16 | and shall have all the powers necessary or convenient to carry | ||||||
17 | out and effectuate the purposes and provisions of this | ||||||
18 | Section, including, but not limited to, power and authority | ||||||
19 | to: | ||||||
20 | (1) Adopt rules deemed necessary and appropriate for | ||||||
21 | the administration of this Section; establish forms for | ||||||
22 | applications, notifications, contracts, or any other | ||||||
23 | agreements; and accept applications at any time during the | ||||||
24 | year and require that all applications be submitted via | ||||||
25 | the Internet. The Department shall require that | ||||||
26 | applications be submitted in electronic form. |
| |||||||
| |||||||
1 | (2) Provide guidance and assistance to applicants | ||||||
2 | pursuant to the provisions of this Section and cooperate | ||||||
3 | with applicants to promote, foster, and support job | ||||||
4 | creation within the State. | ||||||
5 | (3) Enter into agreements and memoranda of | ||||||
6 | understanding for participation of and engage in | ||||||
7 | cooperation with agencies of the federal government, units | ||||||
8 | of local government, universities, research foundations or | ||||||
9 | institutions, regional economic development corporations, | ||||||
10 | or other organizations for the purposes of this Section. | ||||||
11 | (4) Gather information and conduct inquiries, in the | ||||||
12 | manner and by the methods it deems desirable, including, | ||||||
13 | without limitation, gathering information with respect to | ||||||
14 | applicants for the purpose of making any designations or | ||||||
15 | certifications necessary or desirable or to gather | ||||||
16 | information in furtherance of the purposes of this Act. | ||||||
17 | (5) Establish, negotiate, and effectuate any term, | ||||||
18 | agreement, or other document with any person necessary or | ||||||
19 | appropriate to accomplish the purposes of this Section, | ||||||
20 | and consent, subject to the provisions of any agreement | ||||||
21 | with another party, to the modification or restructuring | ||||||
22 | of any agreement to which the Department is a party. | ||||||
23 | (6) Provide for sufficient personnel to permit | ||||||
24 | administration, staffing, operation, and related support | ||||||
25 | required to adequately discharge its duties and | ||||||
26 | responsibilities described in this Section from funds made |
| |||||||
| |||||||
1 | available through charges to applicants or from funds as | ||||||
2 | may be appropriated by the General Assembly for the | ||||||
3 | administration of this Section. | ||||||
4 | (7) Require applicants, upon written request, to issue | ||||||
5 | any necessary authorization to the appropriate federal, | ||||||
6 | State, or local authority or any other person for the | ||||||
7 | release to the Department of information requested by the | ||||||
8 | Department, including, but not be limited to, financial | ||||||
9 | reports, returns, or records relating to the applicant or | ||||||
10 | to the amount of credit allowable under this Section. | ||||||
11 | (8) Require that an applicant shall, at all times, | ||||||
12 | keep proper books of record and account in accordance with | ||||||
13 | generally accepted accounting principles consistently | ||||||
14 | applied, with the books, records, or papers related to the | ||||||
15 | agreement in the custody or control of the applicant open | ||||||
16 | for reasonable Department inspection and audits, | ||||||
17 | including, without limitation, the making of copies of the | ||||||
18 | books, records, or papers. | ||||||
19 | (9) Take whatever actions are necessary or appropriate | ||||||
20 | to protect the State's interest in the event of | ||||||
21 | bankruptcy, default, foreclosure, or noncompliance with | ||||||
22 | the terms and conditions of financial assistance or | ||||||
23 | participation required under this Section or any agreement | ||||||
24 | entered into under this Section, including the power to | ||||||
25 | sell, dispose of, lease, or rent, upon terms and | ||||||
26 | conditions determined by the Department to be appropriate, |
| |||||||
| |||||||
1 | real or personal property that the Department may recover | ||||||
2 | as a result of these actions. | ||||||
3 | (e) The Department, in consultation with the Department of | ||||||
4 | Revenue, shall adopt rules to administer this Section. The | ||||||
5 | aggregate amount of the tax credits that may be claimed under | ||||||
6 | this Section for qualified education expenses incurred by an | ||||||
7 | employer on behalf of a qualifying apprentice shall be limited | ||||||
8 | to $5,000,000 per calendar year. If applications for a greater | ||||||
9 | amount are received, credits shall be allowed on a first-come | ||||||
10 | first-served basis, based on the date on which each properly | ||||||
11 | completed application for a certificate of eligibility is | ||||||
12 | received by the Department. If more than one certificate is | ||||||
13 | received on the same day, the credits will be awarded based on | ||||||
14 | the time of submission for that particular day. | ||||||
15 | (f) An employer may not sell or otherwise transfer a | ||||||
16 | credit awarded under this Section to another person or | ||||||
17 | taxpayer. | ||||||
18 | (g) The employer shall provide the Department such | ||||||
19 | information as the Department may require, including but not | ||||||
20 | limited to: (i) the name, age, and taxpayer identification | ||||||
21 | number of each qualifying apprentice employed by the taxpayer | ||||||
22 | during the taxable year; (ii) the amount of qualified | ||||||
23 | education expenses incurred with respect to each qualifying | ||||||
24 | apprentice; and (iii) the name of the school at which the | ||||||
25 | qualifying apprentice is enrolled and the qualified education | ||||||
26 | expenses are incurred. |
| |||||||
| |||||||
1 | (h) On or before July 1 of each year, the Department shall | ||||||
2 | report to the Governor and the General Assembly on the tax | ||||||
3 | credit certificates awarded under this Section for the prior | ||||||
4 | calendar year. The report must include: | ||||||
5 | (1) the name of each employer awarded or allocated a | ||||||
6 | credit; | ||||||
7 | (2) the number of qualifying apprentices for whom the | ||||||
8 | employer has incurred qualified education expenses; | ||||||
9 | (3) the North American Industry Classification System | ||||||
10 | (NAICS) code applicable to each employer awarded or | ||||||
11 | allocated a credit; | ||||||
12 | (4) the amount of the credit awarded or allocated to | ||||||
13 | each employer; | ||||||
14 | (5) the total number of employers awarded or allocated | ||||||
15 | a credit; | ||||||
16 | (6) the total number of qualifying apprentices for | ||||||
17 | whom employers receiving credits under this Section | ||||||
18 | incurred qualified education expenses; and | ||||||
19 | (7) the average cost to the employer of all | ||||||
20 | apprenticeships receiving credits under this Section.
| ||||||
21 | (Source: P.A. 101-207, eff. 8-2-19; revised 9-5-19.)
| ||||||
22 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
23 | Sec. 304. Business income of persons other than residents.
| ||||||
24 | (a) In general. The business income of a person other than | ||||||
25 | a
resident shall be allocated to this State if such person's |
| |||||||
| |||||||
1 | business
income is derived solely from this State. If a person | ||||||
2 | other than a
resident derives business income from this State | ||||||
3 | and one or more other
states, then, for tax years ending on or | ||||||
4 | before December 30, 1998, and
except as otherwise provided by | ||||||
5 | this Section, such
person's business income shall be | ||||||
6 | apportioned to this State by
multiplying the income by a | ||||||
7 | fraction, the numerator of which is the sum
of the property | ||||||
8 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
9 | sales factor (if any), and the denominator of which is 4 | ||||||
10 | reduced by the
number of factors other than the sales factor | ||||||
11 | which have a denominator
of zero and by an additional 2 if the | ||||||
12 | sales factor has a denominator of zero.
For tax years ending on | ||||||
13 | or after December 31, 1998, and except as otherwise
provided | ||||||
14 | by this Section, persons other than
residents who derive | ||||||
15 | business income from this State and one or more other
states | ||||||
16 | shall compute their apportionment factor by weighting their | ||||||
17 | property,
payroll, and sales factors as provided in
subsection | ||||||
18 | (h) of this Section.
| ||||||
19 | (1) Property factor.
| ||||||
20 | (A) The property factor is a fraction, the numerator | ||||||
21 | of which is the
average value of the person's real and | ||||||
22 | tangible personal property owned
or rented and used in the | ||||||
23 | trade or business in this State during the
taxable year | ||||||
24 | and the denominator of which is the average value of all
| ||||||
25 | the person's real and tangible personal property owned or | ||||||
26 | rented and
used in the trade or business during the |
| |||||||
| |||||||
1 | taxable year.
| ||||||
2 | (B) Property owned by the person is valued at its | ||||||
3 | original cost.
Property rented by the person is valued at | ||||||
4 | 8 times the net annual rental
rate. Net annual rental rate | ||||||
5 | is the annual rental rate paid by the
person less any | ||||||
6 | annual rental rate received by the person from
| ||||||
7 | sub-rentals.
| ||||||
8 | (C) The average value of property shall be determined | ||||||
9 | by averaging
the values at the beginning and ending of the | ||||||
10 | taxable year but the
Director may require the averaging of | ||||||
11 | monthly values during the taxable
year if reasonably | ||||||
12 | required to reflect properly the average value of the
| ||||||
13 | person's property.
| ||||||
14 | (2) Payroll factor.
| ||||||
15 | (A) The payroll factor is a fraction, the numerator of | ||||||
16 | which is the
total amount paid in this State during the | ||||||
17 | taxable year by the person
for compensation, and the | ||||||
18 | denominator of which is the total compensation
paid | ||||||
19 | everywhere during the taxable year.
| ||||||
20 | (B) Compensation is paid in this State if:
| ||||||
21 | (i) The individual's service is performed entirely | ||||||
22 | within this
State;
| ||||||
23 | (ii) The individual's service is performed both | ||||||
24 | within and without
this State, but the service | ||||||
25 | performed without this State is incidental
to the | ||||||
26 | individual's service performed within this State; or
|
| |||||||
| |||||||
1 | (iii) For tax years ending prior to December 31, | ||||||
2 | 2020, some of the service is performed within this | ||||||
3 | State and either
the base of operations, or if there is | ||||||
4 | no base of operations, the place
from which the | ||||||
5 | service is directed or controlled is within this | ||||||
6 | State,
or the base of operations or the place from | ||||||
7 | which the service is
directed or controlled is not in | ||||||
8 | any state in which some part of the
service is | ||||||
9 | performed, but the individual's residence is in this | ||||||
10 | State. For tax years ending on or after December 31, | ||||||
11 | 2020, compensation is paid in this State if some of the | ||||||
12 | individual's service is performed within this State, | ||||||
13 | the individual's service performed within this State | ||||||
14 | is nonincidental to the individual's service performed | ||||||
15 | without this State, and the individual's service is | ||||||
16 | performed within this State for more than 30 working | ||||||
17 | days during the tax year. The amount of compensation | ||||||
18 | paid in this State shall include the portion of the | ||||||
19 | individual's total compensation for services performed | ||||||
20 | on behalf of his or her employer during the tax year | ||||||
21 | which the number of working days spent within this | ||||||
22 | State during the tax year bears to the total number of | ||||||
23 | working days spent both within and without this State | ||||||
24 | during the tax year. For purposes of this paragraph:
| ||||||
25 | (a) The term "working day" means all days | ||||||
26 | during the tax year in which the individual |
| |||||||
| |||||||
1 | performs duties on behalf of his or her employer. | ||||||
2 | All days in which the individual performs no | ||||||
3 | duties on behalf of his or her employer (e.g., | ||||||
4 | weekends, vacation days, sick days, and holidays) | ||||||
5 | are not working days. | ||||||
6 | (b) A working day is spent within this State | ||||||
7 | if: | ||||||
8 | (1) the individual performs service on | ||||||
9 | behalf of the employer and a greater amount of | ||||||
10 | time on that day is spent by the individual | ||||||
11 | performing duties on behalf of the employer | ||||||
12 | within this State, without regard to time | ||||||
13 | spent traveling, than is spent performing | ||||||
14 | duties on behalf of the employer without this | ||||||
15 | State; or | ||||||
16 | (2) the only service the individual | ||||||
17 | performs on behalf of the employer on that day | ||||||
18 | is traveling to a destination within this | ||||||
19 | State, and the individual arrives on that day. | ||||||
20 | (c) Working days spent within this State do | ||||||
21 | not include any day in which the employee is | ||||||
22 | performing services in this State during a | ||||||
23 | disaster period solely in response to a request | ||||||
24 | made to his or her employer by the government of | ||||||
25 | this State, by any political subdivision of this | ||||||
26 | State, or by a person conducting business in this |
| |||||||
| |||||||
1 | State to perform disaster or emergency-related | ||||||
2 | services in this State. For purposes of this item | ||||||
3 | (c): | ||||||
4 | "Declared State disaster or emergency" | ||||||
5 | means a disaster or emergency event (i) for | ||||||
6 | which a Governor's proclamation of a state of | ||||||
7 | emergency has been issued or (ii) for which a | ||||||
8 | Presidential declaration of a federal major | ||||||
9 | disaster or emergency has been issued. | ||||||
10 | "Disaster period" means a period that | ||||||
11 | begins 10 days prior to the date of the | ||||||
12 | Governor's proclamation or the President's | ||||||
13 | declaration (whichever is earlier) and extends | ||||||
14 | for a period of 60 calendar days after the end | ||||||
15 | of the declared disaster or emergency period. | ||||||
16 | "Disaster or emergency-related services" | ||||||
17 | means repairing, renovating, installing, | ||||||
18 | building, or rendering services or conducting | ||||||
19 | other business activities that relate to | ||||||
20 | infrastructure that has been damaged, | ||||||
21 | impaired, or destroyed by the declared State | ||||||
22 | disaster or emergency. | ||||||
23 | "Infrastructure" means property and | ||||||
24 | equipment owned or used by a public utility, | ||||||
25 | communications network, broadband and internet | ||||||
26 | service provider, cable and video service |
| |||||||
| |||||||
1 | provider, electric or gas distribution system, | ||||||
2 | or water pipeline that provides service to | ||||||
3 | more than one customer or person, including | ||||||
4 | related support facilities. "Infrastructure" | ||||||
5 | includes, but is not limited to, real and | ||||||
6 | personal property such as buildings, offices, | ||||||
7 | power lines, cable lines, poles, | ||||||
8 | communications lines, pipes, structures, and | ||||||
9 | equipment. | ||||||
10 | (iv) Compensation paid to nonresident professional | ||||||
11 | athletes. | ||||||
12 | (a) General. The Illinois source income of a | ||||||
13 | nonresident individual who is a member of a | ||||||
14 | professional athletic team includes the portion of the | ||||||
15 | individual's total compensation for services performed | ||||||
16 | as a member of a professional athletic team during the | ||||||
17 | taxable year which the number of duty days spent | ||||||
18 | within this State performing services for the team in | ||||||
19 | any manner during the taxable year bears to the total | ||||||
20 | number of duty days spent both within and without this | ||||||
21 | State during the taxable year. | ||||||
22 | (b) Travel days. Travel days that do not involve | ||||||
23 | either a game, practice, team meeting, or other | ||||||
24 | similar team event are not considered duty days spent | ||||||
25 | in this State. However, such travel days are | ||||||
26 | considered in the total duty days spent both within |
| |||||||
| |||||||
1 | and without this State. | ||||||
2 | (c) Definitions. For purposes of this subpart | ||||||
3 | (iv): | ||||||
4 | (1) The term "professional athletic team" | ||||||
5 | includes, but is not limited to, any professional | ||||||
6 | baseball, basketball, football, soccer, or hockey | ||||||
7 | team. | ||||||
8 | (2) The term "member of a professional | ||||||
9 | athletic team" includes those employees who are | ||||||
10 | active players, players on the disabled list, and | ||||||
11 | any other persons required to travel and who | ||||||
12 | travel with and perform services on behalf of a | ||||||
13 | professional athletic team on a regular basis. | ||||||
14 | This includes, but is not limited to, coaches, | ||||||
15 | managers, and trainers. | ||||||
16 | (3) Except as provided in items (C) and (D) of | ||||||
17 | this subpart (3), the term "duty days" means all | ||||||
18 | days during the taxable year from the beginning of | ||||||
19 | the professional athletic team's official | ||||||
20 | pre-season training period through the last game | ||||||
21 | in which the team competes or is scheduled to | ||||||
22 | compete. Duty days shall be counted for the year | ||||||
23 | in which they occur, including where a team's | ||||||
24 | official pre-season training period through the | ||||||
25 | last game in which the team competes or is | ||||||
26 | scheduled to compete, occurs during more than one |
| |||||||
| |||||||
1 | tax year. | ||||||
2 | (A) Duty days shall also include days on | ||||||
3 | which a member of a professional athletic team | ||||||
4 | performs service for a team on a date that | ||||||
5 | does not fall within the foregoing period | ||||||
6 | (e.g., participation in instructional leagues, | ||||||
7 | the "All Star Game", or promotional | ||||||
8 | "caravans"). Performing a service for a | ||||||
9 | professional athletic team includes conducting | ||||||
10 | training and rehabilitation activities, when | ||||||
11 | such activities are conducted at team | ||||||
12 | facilities. | ||||||
13 | (B) Also included in duty days are game | ||||||
14 | days, practice days, days spent at team | ||||||
15 | meetings, promotional caravans, preseason | ||||||
16 | training camps, and days served with the team | ||||||
17 | through all post-season games in which the | ||||||
18 | team competes or is scheduled to compete. | ||||||
19 | (C) Duty days for any person who joins a | ||||||
20 | team during the period from the beginning of | ||||||
21 | the professional athletic team's official | ||||||
22 | pre-season training period through the last | ||||||
23 | game in which the team competes, or is | ||||||
24 | scheduled to compete, shall begin on the day | ||||||
25 | that person joins the team. Conversely, duty | ||||||
26 | days for any person who leaves a team during |
| |||||||
| |||||||
1 | this period shall end on the day that person | ||||||
2 | leaves the team. Where a person switches teams | ||||||
3 | during a taxable year, a separate duty-day | ||||||
4 | calculation shall be made for the period the | ||||||
5 | person was with each team. | ||||||
6 | (D) Days for which a member of a | ||||||
7 | professional athletic team is not compensated | ||||||
8 | and is not performing services for the team in | ||||||
9 | any manner, including days when such member of | ||||||
10 | a professional athletic team has been | ||||||
11 | suspended without pay and prohibited from | ||||||
12 | performing any services for the team, shall | ||||||
13 | not be treated as duty days. | ||||||
14 | (E) Days for which a member of a | ||||||
15 | professional athletic team is on the disabled | ||||||
16 | list and does not conduct rehabilitation | ||||||
17 | activities at facilities of the team, and is | ||||||
18 | not otherwise performing services for the team | ||||||
19 | in Illinois, shall not be considered duty days | ||||||
20 | spent in this State. All days on the disabled | ||||||
21 | list, however, are considered to be included | ||||||
22 | in total duty days spent both within and | ||||||
23 | without this State. | ||||||
24 | (4) The term "total compensation for services | ||||||
25 | performed as a member of a professional athletic | ||||||
26 | team" means the total compensation received during |
| |||||||
| |||||||
1 | the taxable year for services performed: | ||||||
2 | (A) from the beginning of the official | ||||||
3 | pre-season training period through the last | ||||||
4 | game in which the team competes or is | ||||||
5 | scheduled to compete during that taxable year; | ||||||
6 | and | ||||||
7 | (B) during the taxable year on a date | ||||||
8 | which does not fall within the foregoing | ||||||
9 | period (e.g., participation in instructional | ||||||
10 | leagues, the "All Star Game", or promotional | ||||||
11 | caravans). | ||||||
12 | This compensation shall include, but is not | ||||||
13 | limited to, salaries, wages, bonuses as described | ||||||
14 | in this subpart, and any other type of | ||||||
15 | compensation paid during the taxable year to a | ||||||
16 | member of a professional athletic team for | ||||||
17 | services performed in that year. This compensation | ||||||
18 | does not include strike benefits, severance pay, | ||||||
19 | termination pay, contract or option year buy-out | ||||||
20 | payments, expansion or relocation payments, or any | ||||||
21 | other payments not related to services performed | ||||||
22 | for the team. | ||||||
23 | For purposes of this subparagraph, "bonuses" | ||||||
24 | included in "total compensation for services | ||||||
25 | performed as a member of a professional athletic | ||||||
26 | team" subject to the allocation described in |
| |||||||
| |||||||
1 | Section 302(c)(1) are: bonuses earned as a result | ||||||
2 | of play (i.e., performance bonuses) during the | ||||||
3 | season, including bonuses paid for championship, | ||||||
4 | playoff or "bowl" games played by a team, or for | ||||||
5 | selection to all-star league or other honorary | ||||||
6 | positions; and bonuses paid for signing a | ||||||
7 | contract, unless the payment of the signing bonus | ||||||
8 | is not conditional upon the signee playing any | ||||||
9 | games for the team or performing any subsequent | ||||||
10 | services for the team or even making the team, the | ||||||
11 | signing bonus is payable separately from the | ||||||
12 | salary and any other compensation, and the signing | ||||||
13 | bonus is nonrefundable.
| ||||||
14 | (3) Sales factor.
| ||||||
15 | (A) The sales factor is a fraction, the numerator of | ||||||
16 | which is the
total sales of the person in this State during | ||||||
17 | the taxable year, and the
denominator of which is the | ||||||
18 | total sales of the person everywhere during
the taxable | ||||||
19 | year.
| ||||||
20 | (B) Sales of tangible personal property are in this | ||||||
21 | State if:
| ||||||
22 | (i) The property is delivered or shipped to a | ||||||
23 | purchaser, other than
the United States government, | ||||||
24 | within this State regardless of the f. o.
b. point or | ||||||
25 | other conditions of the sale; or
| ||||||
26 | (ii) The property is shipped from an office, |
| |||||||
| |||||||
1 | store, warehouse,
factory or other place of storage in | ||||||
2 | this State and either the purchaser
is the United | ||||||
3 | States government or the person is not taxable in the
| ||||||
4 | state of the purchaser; provided, however, that | ||||||
5 | premises owned or leased
by a person who has | ||||||
6 | independently contracted with the seller for the | ||||||
7 | printing
of newspapers, periodicals or books shall not | ||||||
8 | be deemed to be an office,
store, warehouse, factory | ||||||
9 | or other place of storage for purposes of this
| ||||||
10 | Section.
Sales of tangible personal property are not | ||||||
11 | in this State if the
seller and purchaser would be | ||||||
12 | members of the same unitary business group
but for the | ||||||
13 | fact that either the seller or purchaser is a person | ||||||
14 | with 80%
or more of total business activity outside of | ||||||
15 | the United States and the
property is purchased for | ||||||
16 | resale.
| ||||||
17 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
18 | items of intangible
personal property.
| ||||||
19 | (i) Gross receipts from the licensing, sale, or | ||||||
20 | other disposition of a
patent, copyright, trademark, | ||||||
21 | or similar item of intangible personal property, other | ||||||
22 | than gross receipts governed by paragraph (B-7) of | ||||||
23 | this item (3),
are in this State to the extent the item | ||||||
24 | is utilized in this State during the
year the gross | ||||||
25 | receipts are included in gross income.
| ||||||
26 | (ii) Place of utilization.
|
| |||||||
| |||||||
1 | (I) A patent is utilized in a state to the | ||||||
2 | extent that it is employed
in production, | ||||||
3 | fabrication, manufacturing, or other processing in | ||||||
4 | the state or
to the extent that a patented product | ||||||
5 | is produced in the state. If a patent is
utilized | ||||||
6 | in
more than one state, the extent to which it is | ||||||
7 | utilized in any one state shall
be a fraction | ||||||
8 | equal to the gross receipts of the licensee or | ||||||
9 | purchaser from
sales or leases of items produced, | ||||||
10 | fabricated, manufactured, or processed
within that | ||||||
11 | state using the patent and of patented items | ||||||
12 | produced within that
state, divided by the total | ||||||
13 | of such gross receipts for all states in which the
| ||||||
14 | patent is utilized.
| ||||||
15 | (II) A copyright is utilized in a state to the | ||||||
16 | extent that printing or
other publication | ||||||
17 | originates in the state. If a copyright is | ||||||
18 | utilized in more
than one state, the extent to | ||||||
19 | which it is utilized in any one state shall be a
| ||||||
20 | fraction equal to the gross receipts from sales or | ||||||
21 | licenses of materials
printed or published in that | ||||||
22 | state divided by the total of such gross receipts
| ||||||
23 | for all states in which the copyright is utilized.
| ||||||
24 | (III) Trademarks and other items of intangible | ||||||
25 | personal property
governed by this paragraph (B-1) | ||||||
26 | are utilized in the state in which the
commercial |
| |||||||
| |||||||
1 | domicile of the licensee or purchaser is located.
| ||||||
2 | (iii) If the state of utilization of an item of | ||||||
3 | property governed by
this paragraph (B-1) cannot be | ||||||
4 | determined from the taxpayer's books and
records or | ||||||
5 | from the books and records of any person related to the | ||||||
6 | taxpayer
within the meaning of Section 267(b) of the | ||||||
7 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
8 | receipts attributable to that item shall be excluded | ||||||
9 | from both the numerator
and the denominator of the | ||||||
10 | sales factor.
| ||||||
11 | (B-2) Gross receipts from the license, sale, or other | ||||||
12 | disposition of
patents, copyrights, trademarks, and | ||||||
13 | similar items of intangible personal
property, other than | ||||||
14 | gross receipts governed by paragraph (B-7) of this item | ||||||
15 | (3), may be included in the numerator or denominator of | ||||||
16 | the sales factor
only if gross receipts from licenses, | ||||||
17 | sales, or other disposition of such items
comprise more | ||||||
18 | than 50% of the taxpayer's total gross receipts included | ||||||
19 | in gross
income during the tax year and during each of the | ||||||
20 | 2 immediately preceding tax
years; provided that, when a | ||||||
21 | taxpayer is a member of a unitary business group,
such | ||||||
22 | determination shall be made on the basis of the gross | ||||||
23 | receipts of the
entire unitary business group.
| ||||||
24 | (B-5) For taxable years ending on or after December | ||||||
25 | 31, 2008, except as provided in subsections (ii) through | ||||||
26 | (vii), receipts from the sale of telecommunications |
| |||||||
| |||||||
1 | service or mobile telecommunications service are in this | ||||||
2 | State if the customer's service address is in this State. | ||||||
3 | (i) For purposes of this subparagraph (B-5), the | ||||||
4 | following terms have the following meanings: | ||||||
5 | "Ancillary services" means services that are | ||||||
6 | associated with or incidental to the provision of | ||||||
7 | "telecommunications services", including , but not | ||||||
8 | limited to , "detailed telecommunications billing", | ||||||
9 | "directory assistance", "vertical service", and "voice | ||||||
10 | mail services". | ||||||
11 | "Air-to-Ground Radiotelephone service" means a | ||||||
12 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
13 | in which common carriers are authorized to offer and | ||||||
14 | provide radio telecommunications service for hire to | ||||||
15 | subscribers in aircraft. | ||||||
16 | "Call-by-call Basis" means any method of charging | ||||||
17 | for telecommunications services where the price is | ||||||
18 | measured by individual calls. | ||||||
19 | "Communications Channel" means a physical or | ||||||
20 | virtual path of communications over which signals are | ||||||
21 | transmitted between or among customer channel | ||||||
22 | termination points. | ||||||
23 | "Conference bridging service" means an "ancillary | ||||||
24 | service" that links two or more participants of an | ||||||
25 | audio or video conference call and may include the | ||||||
26 | provision of a telephone number. "Conference bridging |
| |||||||
| |||||||
1 | service" does not include the "telecommunications | ||||||
2 | services" used to reach the conference bridge. | ||||||
3 | "Customer Channel Termination Point" means the | ||||||
4 | location where the customer either inputs or receives | ||||||
5 | the communications. | ||||||
6 | "Detailed telecommunications billing service" | ||||||
7 | means an "ancillary service" of separately stating | ||||||
8 | information pertaining to individual calls on a | ||||||
9 | customer's billing statement. | ||||||
10 | "Directory assistance" means an "ancillary | ||||||
11 | service" of providing telephone number information, | ||||||
12 | and/or address information. | ||||||
13 | "Home service provider" means the facilities based | ||||||
14 | carrier or reseller with which the customer contracts | ||||||
15 | for the provision of mobile telecommunications | ||||||
16 | services. | ||||||
17 | "Mobile telecommunications service" means | ||||||
18 | commercial mobile radio service, as defined in Section | ||||||
19 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
20 | in effect on June 1, 1999. | ||||||
21 | "Place of primary use" means the street address | ||||||
22 | representative of where the customer's use of the | ||||||
23 | telecommunications service primarily occurs, which | ||||||
24 | must be the residential street address or the primary | ||||||
25 | business street address of the customer. In the case | ||||||
26 | of mobile telecommunications services, "place of |
| |||||||
| |||||||
1 | primary use" must be within the licensed service area | ||||||
2 | of the home service provider. | ||||||
3 | "Post-paid telecommunication service" means the | ||||||
4 | telecommunications service obtained by making a | ||||||
5 | payment on a call-by-call basis either through the use | ||||||
6 | of a credit card or payment mechanism such as a bank | ||||||
7 | card, travel card, credit card, or debit card, or by | ||||||
8 | charge made to a telephone number which is not | ||||||
9 | associated with the origination or termination of the | ||||||
10 | telecommunications service. A post-paid calling | ||||||
11 | service includes telecommunications service, except a | ||||||
12 | prepaid wireless calling service, that would be a | ||||||
13 | prepaid calling service except it is not exclusively a | ||||||
14 | telecommunication service. | ||||||
15 | "Prepaid telecommunication service" means the | ||||||
16 | right to access exclusively telecommunications | ||||||
17 | services, which must be paid for in advance and which | ||||||
18 | enables the origination of calls using an access | ||||||
19 | number or authorization code, whether manually or | ||||||
20 | electronically dialed, and that is sold in | ||||||
21 | predetermined units or dollars of which the number | ||||||
22 | declines with use in a known amount. | ||||||
23 | "Prepaid Mobile telecommunication service" means a | ||||||
24 | telecommunications service that provides the right to | ||||||
25 | utilize mobile wireless service as well as other | ||||||
26 | non-telecommunication services, including , but not |
| |||||||
| |||||||
1 | limited to , ancillary services, which must be paid for | ||||||
2 | in advance that is sold in predetermined units or | ||||||
3 | dollars of which the number declines with use in a | ||||||
4 | known amount. | ||||||
5 | "Private communication service" means a | ||||||
6 | telecommunication service that entitles the customer | ||||||
7 | to exclusive or priority use of a communications | ||||||
8 | channel or group of channels between or among | ||||||
9 | termination points, regardless of the manner in which | ||||||
10 | such channel or channels are connected, and includes | ||||||
11 | switching capacity, extension lines, stations, and any | ||||||
12 | other associated services that are provided in | ||||||
13 | connection with the use of such channel or channels. | ||||||
14 | "Service address" means: | ||||||
15 | (a) The location of the telecommunications | ||||||
16 | equipment to which a customer's call is charged | ||||||
17 | and from which the call originates or terminates, | ||||||
18 | regardless of where the call is billed or paid; | ||||||
19 | (b) If the location in line (a) is not known, | ||||||
20 | service address means the origination point of the | ||||||
21 | signal of the telecommunications services first | ||||||
22 | identified by either the seller's | ||||||
23 | telecommunications system or in information | ||||||
24 | received by the seller from its service provider | ||||||
25 | where the system used to transport such signals is | ||||||
26 | not that of the seller; and |
| |||||||
| |||||||
1 | (c) If the locations in line (a) and line (b) | ||||||
2 | are not known, the service address means the | ||||||
3 | location of the customer's place of primary use. | ||||||
4 | "Telecommunications service" means the electronic | ||||||
5 | transmission, conveyance, or routing of voice, data, | ||||||
6 | audio, video, or any other information or signals to a | ||||||
7 | point, or between or among points. The term | ||||||
8 | "telecommunications service" includes such | ||||||
9 | transmission, conveyance, or routing in which computer | ||||||
10 | processing applications are used to act on the form, | ||||||
11 | code or protocol of the content for purposes of | ||||||
12 | transmission, conveyance or routing without regard to | ||||||
13 | whether such service is referred to as voice over | ||||||
14 | Internet protocol services or is classified by the | ||||||
15 | Federal Communications Commission as enhanced or value | ||||||
16 | added. "Telecommunications service" does not include: | ||||||
17 | (a) Data processing and information services | ||||||
18 | that allow data to be generated, acquired, stored, | ||||||
19 | processed, or retrieved and delivered by an | ||||||
20 | electronic transmission to a purchaser when such | ||||||
21 | purchaser's primary purpose for the underlying | ||||||
22 | transaction is the processed data or information; | ||||||
23 | (b) Installation or maintenance of wiring or | ||||||
24 | equipment on a customer's premises; | ||||||
25 | (c) Tangible personal property; | ||||||
26 | (d) Advertising, including , but not limited |
| |||||||
| |||||||
1 | to , directory advertising; | ||||||
2 | (e) Billing and collection services provided | ||||||
3 | to third parties; | ||||||
4 | (f) Internet access service; | ||||||
5 | (g) Radio and television audio and video | ||||||
6 | programming services, regardless of the medium, | ||||||
7 | including the furnishing of transmission, | ||||||
8 | conveyance and routing of such services by the | ||||||
9 | programming service provider. Radio and television | ||||||
10 | audio and video programming services shall | ||||||
11 | include , but not be limited to , cable service as | ||||||
12 | defined in 47 USC 522(6) and audio and video | ||||||
13 | programming services delivered by commercial | ||||||
14 | mobile radio service providers, as defined in 47 | ||||||
15 | CFR 20.3; | ||||||
16 | (h) "Ancillary services"; or | ||||||
17 | (i) Digital products "delivered | ||||||
18 | electronically", including , but not limited to , | ||||||
19 | software, music, video, reading materials or ring | ||||||
20 | tones. | ||||||
21 | "Vertical service" means an "ancillary service" | ||||||
22 | that is offered in connection with one or more | ||||||
23 | "telecommunications services", which offers advanced | ||||||
24 | calling features that allow customers to identify | ||||||
25 | callers and to manage multiple calls and call | ||||||
26 | connections, including "conference bridging services". |
| |||||||
| |||||||
1 | "Voice mail service" means an "ancillary service" | ||||||
2 | that enables the customer to store, send or receive | ||||||
3 | recorded messages. "Voice mail service" does not | ||||||
4 | include any "vertical services" that the customer may | ||||||
5 | be required to have in order to utilize the "voice mail | ||||||
6 | service". | ||||||
7 | (ii) Receipts from the sale of telecommunications | ||||||
8 | service sold on an individual call-by-call basis are | ||||||
9 | in this State if either of the following applies: | ||||||
10 | (a) The call both originates and terminates in | ||||||
11 | this State. | ||||||
12 | (b) The call either originates or terminates | ||||||
13 | in this State and the service address is located | ||||||
14 | in this State. | ||||||
15 | (iii) Receipts from the sale of postpaid | ||||||
16 | telecommunications service at retail are in this State | ||||||
17 | if the origination point of the telecommunication | ||||||
18 | signal, as first identified by the service provider's | ||||||
19 | telecommunication system or as identified by | ||||||
20 | information received by the seller from its service | ||||||
21 | provider if the system used to transport | ||||||
22 | telecommunication signals is not the seller's, is | ||||||
23 | located in this State. | ||||||
24 | (iv) Receipts from the sale of prepaid | ||||||
25 | telecommunications service or prepaid mobile | ||||||
26 | telecommunications service at retail are in this State |
| |||||||
| |||||||
1 | if the purchaser obtains the prepaid card or similar | ||||||
2 | means of conveyance at a location in this State. | ||||||
3 | Receipts from recharging a prepaid telecommunications | ||||||
4 | service or mobile telecommunications service is in | ||||||
5 | this State if the purchaser's billing information | ||||||
6 | indicates a location in this State. | ||||||
7 | (v) Receipts from the sale of private | ||||||
8 | communication services are in this State as follows: | ||||||
9 | (a) 100% of receipts from charges imposed at | ||||||
10 | each channel termination point in this State. | ||||||
11 | (b) 100% of receipts from charges for the | ||||||
12 | total channel mileage between each channel | ||||||
13 | termination point in this State. | ||||||
14 | (c) 50% of the total receipts from charges for | ||||||
15 | service segments when those segments are between 2 | ||||||
16 | customer channel termination points, 1 of which is | ||||||
17 | located in this State and the other is located | ||||||
18 | outside of this State, which segments are | ||||||
19 | separately charged. | ||||||
20 | (d) The receipts from charges for service | ||||||
21 | segments with a channel termination point located | ||||||
22 | in this State and in two or more other states, and | ||||||
23 | which segments are not separately billed, are in | ||||||
24 | this State based on a percentage determined by | ||||||
25 | dividing the number of customer channel | ||||||
26 | termination points in this State by the total |
| |||||||
| |||||||
1 | number of customer channel termination points. | ||||||
2 | (vi) Receipts from charges for ancillary services | ||||||
3 | for telecommunications service sold to customers at | ||||||
4 | retail are in this State if the customer's primary | ||||||
5 | place of use of telecommunications services associated | ||||||
6 | with those ancillary services is in this State. If the | ||||||
7 | seller of those ancillary services cannot determine | ||||||
8 | where the associated telecommunications are located, | ||||||
9 | then the ancillary services shall be based on the | ||||||
10 | location of the purchaser. | ||||||
11 | (vii) Receipts to access a carrier's network or | ||||||
12 | from the sale of telecommunication services or | ||||||
13 | ancillary services for resale are in this State as | ||||||
14 | follows: | ||||||
15 | (a) 100% of the receipts from access fees | ||||||
16 | attributable to intrastate telecommunications | ||||||
17 | service that both originates and terminates in | ||||||
18 | this State. | ||||||
19 | (b) 50% of the receipts from access fees | ||||||
20 | attributable to interstate telecommunications | ||||||
21 | service if the interstate call either originates | ||||||
22 | or terminates in this State. | ||||||
23 | (c) 100% of the receipts from interstate end | ||||||
24 | user access line charges, if the customer's | ||||||
25 | service address is in this State. As used in this | ||||||
26 | subdivision, "interstate end user access line |
| |||||||
| |||||||
1 | charges" includes, but is not limited to, the | ||||||
2 | surcharge approved by the federal communications | ||||||
3 | commission and levied pursuant to 47 CFR 69. | ||||||
4 | (d) Gross receipts from sales of | ||||||
5 | telecommunication services or from ancillary | ||||||
6 | services for telecommunications services sold to | ||||||
7 | other telecommunication service providers for | ||||||
8 | resale shall be sourced to this State using the | ||||||
9 | apportionment concepts used for non-resale | ||||||
10 | receipts of telecommunications services if the | ||||||
11 | information is readily available to make that | ||||||
12 | determination. If the information is not readily | ||||||
13 | available, then the taxpayer may use any other | ||||||
14 | reasonable and consistent method. | ||||||
15 | (B-7) For taxable years ending on or after December | ||||||
16 | 31, 2008, receipts from the sale of broadcasting services | ||||||
17 | are in this State if the broadcasting services are | ||||||
18 | received in this State. For purposes of this paragraph | ||||||
19 | (B-7), the following terms have the following meanings: | ||||||
20 | "Advertising revenue" means consideration received | ||||||
21 | by the taxpayer in exchange for broadcasting services | ||||||
22 | or allowing the broadcasting of commercials or | ||||||
23 | announcements in connection with the broadcasting of | ||||||
24 | film or radio programming, from sponsorships of the | ||||||
25 | programming, or from product placements in the | ||||||
26 | programming. |
| |||||||
| |||||||
1 | "Audience factor" means the ratio that the | ||||||
2 | audience or subscribers located in this State of a | ||||||
3 | station, a network, or a cable system bears to the | ||||||
4 | total audience or total subscribers for that station, | ||||||
5 | network, or cable system. The audience factor for film | ||||||
6 | or radio programming shall be determined by reference | ||||||
7 | to the books and records of the taxpayer or by | ||||||
8 | reference to published rating statistics provided the | ||||||
9 | method used by the taxpayer is consistently used from | ||||||
10 | year to year for this purpose and fairly represents | ||||||
11 | the taxpayer's activity in this State. | ||||||
12 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
13 | services" means the transmission or provision of film | ||||||
14 | or radio programming, whether through the public | ||||||
15 | airwaves, by cable, by direct or indirect satellite | ||||||
16 | transmission, or by any other means of communication, | ||||||
17 | either through a station, a network, or a cable | ||||||
18 | system. | ||||||
19 | "Film" or "film programming" means the broadcast | ||||||
20 | on television of any and all performances, events, or | ||||||
21 | productions, including , but not limited to , news, | ||||||
22 | sporting events, plays, stories, or other literary, | ||||||
23 | commercial, educational, or artistic works, either | ||||||
24 | live or through the use of video tape, disc, or any | ||||||
25 | other type of format or medium. Each episode of a | ||||||
26 | series of films produced for television shall |
| |||||||
| |||||||
1 | constitute separate "film" notwithstanding that the | ||||||
2 | series relates to the same principal subject and is | ||||||
3 | produced during one or more tax periods. | ||||||
4 | "Radio" or "radio programming" means the broadcast | ||||||
5 | on radio of any and all performances, events, or | ||||||
6 | productions, including , but not limited to , news, | ||||||
7 | sporting events, plays, stories, or other literary, | ||||||
8 | commercial, educational, or artistic works, either | ||||||
9 | live or through the use of an audio tape, disc, or any | ||||||
10 | other format or medium. Each episode in a series of | ||||||
11 | radio programming produced for radio broadcast shall | ||||||
12 | constitute a separate "radio programming" | ||||||
13 | notwithstanding that the series relates to the same | ||||||
14 | principal subject and is produced during one or more | ||||||
15 | tax periods. | ||||||
16 | (i) In the case of advertising revenue from | ||||||
17 | broadcasting, the customer is the advertiser and | ||||||
18 | the service is received in this State if the | ||||||
19 | commercial domicile of the advertiser is in this | ||||||
20 | State. | ||||||
21 | (ii) In the case where film or radio | ||||||
22 | programming is broadcast by a station, a network, | ||||||
23 | or a cable system for a fee or other remuneration | ||||||
24 | received from the recipient of the broadcast, the | ||||||
25 | portion of the service that is received in this | ||||||
26 | State is measured by the portion of the recipients |
| |||||||
| |||||||
1 | of the broadcast located in this State. | ||||||
2 | Accordingly, the fee or other remuneration for | ||||||
3 | such service that is included in the Illinois | ||||||
4 | numerator of the sales factor is the total of | ||||||
5 | those fees or other remuneration received from | ||||||
6 | recipients in Illinois. For purposes of this | ||||||
7 | paragraph, a taxpayer may determine the location | ||||||
8 | of the recipients of its broadcast using the | ||||||
9 | address of the recipient shown in its contracts | ||||||
10 | with the recipient or using the billing address of | ||||||
11 | the recipient in the taxpayer's records. | ||||||
12 | (iii) In the case where film or radio | ||||||
13 | programming is broadcast by a station, a network, | ||||||
14 | or a cable system for a fee or other remuneration | ||||||
15 | from the person providing the programming, the | ||||||
16 | portion of the broadcast service that is received | ||||||
17 | by such station, network, or cable system in this | ||||||
18 | State is measured by the portion of recipients of | ||||||
19 | the broadcast located in this State. Accordingly, | ||||||
20 | the amount of revenue related to such an | ||||||
21 | arrangement that is included in the Illinois | ||||||
22 | numerator of the sales factor is the total fee or | ||||||
23 | other total remuneration from the person providing | ||||||
24 | the programming related to that broadcast | ||||||
25 | multiplied by the Illinois audience factor for | ||||||
26 | that broadcast. |
| |||||||
| |||||||
1 | (iv) In the case where film or radio | ||||||
2 | programming is provided by a taxpayer that is a | ||||||
3 | network or station to a customer for broadcast in | ||||||
4 | exchange for a fee or other remuneration from that | ||||||
5 | customer the broadcasting service is received at | ||||||
6 | the location of the office of the customer from | ||||||
7 | which the services were ordered in the regular | ||||||
8 | course of the customer's trade or business. | ||||||
9 | Accordingly, in such a case the revenue derived by | ||||||
10 | the taxpayer that is included in the taxpayer's | ||||||
11 | Illinois numerator of the sales factor is the | ||||||
12 | revenue from such customers who receive the | ||||||
13 | broadcasting service in Illinois. | ||||||
14 | (v) In the case where film or radio | ||||||
15 | programming is provided by a taxpayer that is not | ||||||
16 | a network or station to another person for | ||||||
17 | broadcasting in exchange for a fee or other | ||||||
18 | remuneration from that person, the broadcasting | ||||||
19 | service is received at the location of the office | ||||||
20 | of the customer from which the services were | ||||||
21 | ordered in the regular course of the customer's | ||||||
22 | trade or business. Accordingly, in such a case the | ||||||
23 | revenue derived by the taxpayer that is included | ||||||
24 | in the taxpayer's Illinois numerator of the sales | ||||||
25 | factor is the revenue from such customers who | ||||||
26 | receive the broadcasting service in Illinois. |
| |||||||
| |||||||
1 | (B-8) Gross receipts from winnings under the Illinois | ||||||
2 | Lottery Law from the assignment of a prize under Section | ||||||
3 | 13.1 of the Illinois Lottery Law are received in this | ||||||
4 | State. This paragraph (B-8) applies only to taxable years | ||||||
5 | ending on or after December 31, 2013. | ||||||
6 | (B-9) For taxable years ending on or after December | ||||||
7 | 31, 2019, gross receipts from winnings from pari-mutuel | ||||||
8 | wagering conducted at a wagering facility licensed under | ||||||
9 | the Illinois Horse Racing Act of 1975 or from winnings | ||||||
10 | from gambling games conducted on a riverboat or in a | ||||||
11 | casino or organization gaming facility licensed under the | ||||||
12 | Illinois Gambling Act are in this State. | ||||||
13 | (C) For taxable years ending before December 31, 2008, | ||||||
14 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
15 | (B-2), and (B-8) are in
this State if:
| ||||||
16 | (i) The income-producing activity is performed in | ||||||
17 | this State; or
| ||||||
18 | (ii) The income-producing activity is performed | ||||||
19 | both within and
without this State and a greater | ||||||
20 | proportion of the income-producing
activity is | ||||||
21 | performed within this State than without this State, | ||||||
22 | based
on performance costs.
| ||||||
23 | (C-5) For taxable years ending on or after December | ||||||
24 | 31, 2008, sales, other than sales governed by paragraphs | ||||||
25 | (B), (B-1), (B-2), (B-5), and (B-7), are in this State if | ||||||
26 | any of the following criteria are met: |
| |||||||
| |||||||
1 | (i) Sales from the sale or lease of real property | ||||||
2 | are in this State if the property is located in this | ||||||
3 | State. | ||||||
4 | (ii) Sales from the lease or rental of tangible | ||||||
5 | personal property are in this State if the property is | ||||||
6 | located in this State during the rental period. Sales | ||||||
7 | from the lease or rental of tangible personal property | ||||||
8 | that is characteristically moving property, including, | ||||||
9 | but not limited to, motor vehicles, rolling stock, | ||||||
10 | aircraft, vessels, or mobile equipment are in this | ||||||
11 | State to the extent that the property is used in this | ||||||
12 | State. | ||||||
13 | (iii) In the case of interest, net gains (but not | ||||||
14 | less than zero) and other items of income from | ||||||
15 | intangible personal property, the sale is in this | ||||||
16 | State if: | ||||||
17 | (a) in the case of a taxpayer who is a dealer | ||||||
18 | in the item of intangible personal property within | ||||||
19 | the meaning of Section 475 of the Internal Revenue | ||||||
20 | Code, the income or gain is received from a | ||||||
21 | customer in this State. For purposes of this | ||||||
22 | subparagraph, a customer is in this State if the | ||||||
23 | customer is an individual, trust or estate who is | ||||||
24 | a resident of this State and, for all other | ||||||
25 | customers, if the customer's commercial domicile | ||||||
26 | is in this State. Unless the dealer has actual |
| |||||||
| |||||||
1 | knowledge of the residence or commercial domicile | ||||||
2 | of a customer during a taxable year, the customer | ||||||
3 | shall be deemed to be a customer in this State if | ||||||
4 | the billing address of the customer, as shown in | ||||||
5 | the records of the dealer, is in this State; or | ||||||
6 | (b) in all other cases, if the | ||||||
7 | income-producing activity of the taxpayer is | ||||||
8 | performed in this State or, if the | ||||||
9 | income-producing activity of the taxpayer is | ||||||
10 | performed both within and without this State, if a | ||||||
11 | greater proportion of the income-producing | ||||||
12 | activity of the taxpayer is performed within this | ||||||
13 | State than in any other state, based on | ||||||
14 | performance costs. | ||||||
15 | (iv) Sales of services are in this State if the | ||||||
16 | services are received in this State. For the purposes | ||||||
17 | of this section, gross receipts from the performance | ||||||
18 | of services provided to a corporation, partnership, or | ||||||
19 | trust may only be attributed to a state where that | ||||||
20 | corporation, partnership, or trust has a fixed place | ||||||
21 | of business. If the state where the services are | ||||||
22 | received is not readily determinable or is a state | ||||||
23 | where the corporation, partnership, or trust receiving | ||||||
24 | the service does not have a fixed place of business, | ||||||
25 | the services shall be deemed to be received at the | ||||||
26 | location of the office of the customer from which the |
| |||||||
| |||||||
1 | services were ordered in the regular course of the | ||||||
2 | customer's trade or business. If the ordering office | ||||||
3 | cannot be determined, the services shall be deemed to | ||||||
4 | be received at the office of the customer to which the | ||||||
5 | services are billed. If the taxpayer is not taxable in | ||||||
6 | the state in which the services are received, the sale | ||||||
7 | must be excluded from both the numerator and the | ||||||
8 | denominator of the sales factor. The Department shall | ||||||
9 | adopt rules prescribing where specific types of | ||||||
10 | service are received, including, but not limited to, | ||||||
11 | publishing, and utility service.
| ||||||
12 | (D) For taxable years ending on or after December 31, | ||||||
13 | 1995, the following
items of income shall not be included | ||||||
14 | in the numerator or denominator of the
sales factor: | ||||||
15 | dividends; amounts included under Section 78 of the | ||||||
16 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
17 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
18 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
19 | construing this Section for taxable years ending before | ||||||
20 | December 31, 1995.
| ||||||
21 | (E) Paragraphs (B-1) and (B-2) shall apply to tax | ||||||
22 | years ending on or
after December 31, 1999, provided that | ||||||
23 | a taxpayer may elect to apply the
provisions of these | ||||||
24 | paragraphs to prior tax years. Such election shall be made
| ||||||
25 | in the form and manner prescribed by the Department, shall | ||||||
26 | be irrevocable, and
shall apply to all tax years; provided |
| |||||||
| |||||||
1 | that, if a taxpayer's Illinois income
tax liability for | ||||||
2 | any tax year, as assessed under Section 903 prior to | ||||||
3 | January
1, 1999, was computed in a manner contrary to the | ||||||
4 | provisions of paragraphs
(B-1) or (B-2), no refund shall | ||||||
5 | be payable to the taxpayer for that tax year to
the extent | ||||||
6 | such refund is the result of applying the provisions of | ||||||
7 | paragraph
(B-1) or (B-2) retroactively. In the case of a | ||||||
8 | unitary business group, such
election shall apply to all | ||||||
9 | members of such group for every tax year such group
is in | ||||||
10 | existence, but shall not apply to any taxpayer for any | ||||||
11 | period during
which that taxpayer is not a member of such | ||||||
12 | group.
| ||||||
13 | (b) Insurance companies.
| ||||||
14 | (1) In general. Except as otherwise
provided by | ||||||
15 | paragraph (2), business income of an insurance company for | ||||||
16 | a
taxable year shall be apportioned to this State by | ||||||
17 | multiplying such
income by a fraction, the numerator of | ||||||
18 | which is the direct premiums
written for insurance upon | ||||||
19 | property or risk in this State, and the
denominator of | ||||||
20 | which is the direct premiums written for insurance upon
| ||||||
21 | property or risk everywhere. For purposes of this | ||||||
22 | subsection, the term
"direct premiums written" means the | ||||||
23 | total amount of direct premiums
written, assessments and | ||||||
24 | annuity considerations as reported for the
taxable year on | ||||||
25 | the annual statement filed by the company with the
| ||||||
26 | Illinois Director of Insurance in the form approved by the |
| |||||||
| |||||||
1 | National
Convention of Insurance Commissioners
or such | ||||||
2 | other form as may be
prescribed in lieu thereof.
| ||||||
3 | (2) Reinsurance. If the principal source of premiums | ||||||
4 | written by an
insurance company consists of premiums for | ||||||
5 | reinsurance accepted by it,
the business income of such | ||||||
6 | company shall be apportioned to this State
by multiplying | ||||||
7 | such income by a fraction, the numerator of which is the
| ||||||
8 | sum of (i) direct premiums written for insurance upon | ||||||
9 | property or risk
in this State, plus (ii) premiums written | ||||||
10 | for reinsurance accepted in
respect of property or risk in | ||||||
11 | this State, and the denominator of which
is the sum of | ||||||
12 | (iii) direct premiums written for insurance upon property
| ||||||
13 | or risk everywhere, plus (iv) premiums written for | ||||||
14 | reinsurance accepted
in respect of property or risk | ||||||
15 | everywhere. For purposes of this
paragraph, premiums | ||||||
16 | written for reinsurance accepted in respect of
property or | ||||||
17 | risk in this State, whether or not otherwise determinable,
| ||||||
18 | may, at the election of the company, be determined on the | ||||||
19 | basis of the
proportion which premiums written for | ||||||
20 | reinsurance accepted from
companies commercially domiciled | ||||||
21 | in Illinois bears to premiums written
for reinsurance | ||||||
22 | accepted from all sources, or, alternatively, in the
| ||||||
23 | proportion which the sum of the direct premiums written | ||||||
24 | for insurance
upon property or risk in this State by each | ||||||
25 | ceding company from which
reinsurance is accepted bears to | ||||||
26 | the sum of the total direct premiums
written by each such |
| |||||||
| |||||||
1 | ceding company for the taxable year. The election made by | ||||||
2 | a company under this paragraph for its first taxable year | ||||||
3 | ending on or after December 31, 2011, shall be binding for | ||||||
4 | that company for that taxable year and for all subsequent | ||||||
5 | taxable years, and may be altered only with the written | ||||||
6 | permission of the Department, which shall not be | ||||||
7 | unreasonably withheld.
| ||||||
8 | (c) Financial organizations.
| ||||||
9 | (1) In general. For taxable years ending before | ||||||
10 | December 31, 2008, business income of a financial
| ||||||
11 | organization shall be apportioned to this State by | ||||||
12 | multiplying such
income by a fraction, the numerator of | ||||||
13 | which is its business income from
sources within this | ||||||
14 | State, and the denominator of which is its business
income | ||||||
15 | from all sources. For the purposes of this subsection, the
| ||||||
16 | business income of a financial organization from sources | ||||||
17 | within this
State is the sum of the amounts referred to in | ||||||
18 | subparagraphs (A) through
(E) following, but excluding the | ||||||
19 | adjusted income of an international banking
facility as | ||||||
20 | determined in paragraph (2):
| ||||||
21 | (A) Fees, commissions or other compensation for | ||||||
22 | financial services
rendered within this State;
| ||||||
23 | (B) Gross profits from trading in stocks, bonds or | ||||||
24 | other securities
managed within this State;
| ||||||
25 | (C) Dividends, and interest from Illinois | ||||||
26 | customers, which are received
within this State;
|
| |||||||
| |||||||
1 | (D) Interest charged to customers at places of | ||||||
2 | business maintained
within this State for carrying | ||||||
3 | debit balances of margin accounts,
without deduction | ||||||
4 | of any costs incurred in carrying such accounts; and
| ||||||
5 | (E) Any other gross income resulting from the | ||||||
6 | operation as a
financial organization within this | ||||||
7 | State. | ||||||
8 | In computing the amounts
referred to in paragraphs (A) | ||||||
9 | through (E) of this subsection, any amount
received by a | ||||||
10 | member of an affiliated group (determined under Section
| ||||||
11 | 1504(a) of the Internal Revenue Code but without reference | ||||||
12 | to whether
any such corporation is an "includible | ||||||
13 | corporation" under Section
1504(b) of the Internal Revenue | ||||||
14 | Code) from another member of such group
shall be included | ||||||
15 | only to the extent such amount exceeds expenses of the
| ||||||
16 | recipient directly related thereto.
| ||||||
17 | (2) International Banking Facility. For taxable years | ||||||
18 | ending before December 31, 2008:
| ||||||
19 | (A) Adjusted Income. The adjusted income of an | ||||||
20 | international banking
facility is its income reduced | ||||||
21 | by the amount of the floor amount.
| ||||||
22 | (B) Floor Amount. The floor amount shall be the | ||||||
23 | amount, if any,
determined
by multiplying the income | ||||||
24 | of the international banking facility by a fraction,
| ||||||
25 | not greater than one, which is determined as follows:
| ||||||
26 | (i) The numerator shall be:
|
| |||||||
| |||||||
1 | The average aggregate, determined on a | ||||||
2 | quarterly basis, of the
financial
organization's | ||||||
3 | loans to banks in foreign countries, to foreign | ||||||
4 | domiciled
borrowers (except where secured | ||||||
5 | primarily by real estate) and to foreign
| ||||||
6 | governments and other foreign official | ||||||
7 | institutions, as reported for its
branches, | ||||||
8 | agencies and offices within the state on its | ||||||
9 | "Consolidated Report
of Condition", Schedule A, | ||||||
10 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
11 | the Federal Deposit Insurance Corporation and | ||||||
12 | other regulatory authorities,
for the year 1980, | ||||||
13 | minus
| ||||||
14 | The average aggregate, determined on a | ||||||
15 | quarterly basis, of such loans
(other
than loans | ||||||
16 | of an international banking facility), as reported | ||||||
17 | by the financial
institution for its branches, | ||||||
18 | agencies and offices within the state, on
the | ||||||
19 | corresponding Schedule and lines of the | ||||||
20 | Consolidated Report of Condition
for the current | ||||||
21 | taxable year, provided, however, that in no case | ||||||
22 | shall the
amount determined in this clause (the | ||||||
23 | subtrahend) exceed the amount determined
in the | ||||||
24 | preceding clause (the minuend); and
| ||||||
25 | (ii) the denominator shall be the average | ||||||
26 | aggregate, determined on a
quarterly basis, of the |
| |||||||
| |||||||
1 | international banking facility's loans to banks in
| ||||||
2 | foreign countries, to foreign domiciled borrowers | ||||||
3 | (except where secured
primarily by real estate) | ||||||
4 | and to foreign governments and other foreign
| ||||||
5 | official institutions, which were recorded in its | ||||||
6 | financial accounts for
the current taxable year.
| ||||||
7 | (C) Change to Consolidated Report of Condition and | ||||||
8 | in Qualification.
In the event the Consolidated Report | ||||||
9 | of Condition which is filed with the
Federal Deposit | ||||||
10 | Insurance Corporation and other regulatory authorities | ||||||
11 | is
altered so that the information required for | ||||||
12 | determining the floor amount
is not found on Schedule | ||||||
13 | A, lines 2.c., 5.b. and 7.a., the financial
| ||||||
14 | institution shall notify the Department and the | ||||||
15 | Department may, by
regulations or otherwise, prescribe | ||||||
16 | or authorize the use of an alternative
source for such | ||||||
17 | information. The financial institution shall also | ||||||
18 | notify
the Department should its international banking | ||||||
19 | facility fail to qualify as
such, in whole or in part, | ||||||
20 | or should there be any amendment or change to
the | ||||||
21 | Consolidated Report of Condition, as originally filed, | ||||||
22 | to the extent
such amendment or change alters the | ||||||
23 | information used in determining the floor
amount.
| ||||||
24 | (3) For taxable years ending on or after December 31, | ||||||
25 | 2008, the business income of a financial organization | ||||||
26 | shall be apportioned to this State by multiplying such |
| |||||||
| |||||||
1 | income by a fraction, the numerator of which is its gross | ||||||
2 | receipts from sources in this State or otherwise | ||||||
3 | attributable to this State's marketplace and the | ||||||
4 | denominator of which is its gross receipts everywhere | ||||||
5 | during the taxable year. "Gross receipts" for purposes of | ||||||
6 | this subparagraph (3) means gross income, including net | ||||||
7 | taxable gain on disposition of assets, including | ||||||
8 | securities and money market instruments, when derived from | ||||||
9 | transactions and activities in the regular course of the | ||||||
10 | financial organization's trade or business. The following | ||||||
11 | examples are illustrative:
| ||||||
12 | (i) Receipts from the lease or rental of real or | ||||||
13 | tangible personal property are in this State if the | ||||||
14 | property is located in this State during the rental | ||||||
15 | period. Receipts from the lease or rental of tangible | ||||||
16 | personal property that is characteristically moving | ||||||
17 | property, including, but not limited to, motor | ||||||
18 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
19 | equipment are from sources in this State to the extent | ||||||
20 | that the property is used in this State. | ||||||
21 | (ii) Interest income, commissions, fees, gains on | ||||||
22 | disposition, and other receipts from assets in the | ||||||
23 | nature of loans that are secured primarily by real | ||||||
24 | estate or tangible personal property are from sources | ||||||
25 | in this State if the security is located in this State. | ||||||
26 | (iii) Interest income, commissions, fees, gains on |
| |||||||
| |||||||
1 | disposition, and other receipts from consumer loans | ||||||
2 | that are not secured by real or tangible personal | ||||||
3 | property are from sources in this State if the debtor | ||||||
4 | is a resident of this State. | ||||||
5 | (iv) Interest income, commissions, fees, gains on | ||||||
6 | disposition, and other receipts from commercial loans | ||||||
7 | and installment obligations that are not secured by | ||||||
8 | real or tangible personal property are from sources in | ||||||
9 | this State if the proceeds of the loan are to be | ||||||
10 | applied in this State. If it cannot be determined | ||||||
11 | where the funds are to be applied, the income and | ||||||
12 | receipts are from sources in this State if the office | ||||||
13 | of the borrower from which the loan was negotiated in | ||||||
14 | the regular course of business is located in this | ||||||
15 | State. If the location of this office cannot be | ||||||
16 | determined, the income and receipts shall be excluded | ||||||
17 | from the numerator and denominator of the sales | ||||||
18 | factor.
| ||||||
19 | (v) Interest income, fees, gains on disposition, | ||||||
20 | service charges, merchant discount income, and other | ||||||
21 | receipts from credit card receivables are from sources | ||||||
22 | in this State if the card charges are regularly billed | ||||||
23 | to a customer in this State. | ||||||
24 | (vi) Receipts from the performance of services, | ||||||
25 | including, but not limited to, fiduciary, advisory, | ||||||
26 | and brokerage services, are in this State if the |
| |||||||
| |||||||
1 | services are received in this State within the meaning | ||||||
2 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
3 | (vii) Receipts from the issuance of travelers | ||||||
4 | checks and money orders are from sources in this State | ||||||
5 | if the checks and money orders are issued from a | ||||||
6 | location within this State. | ||||||
7 | (viii) Receipts from investment assets and | ||||||
8 | activities and trading assets and activities are | ||||||
9 | included in the receipts factor as follows: | ||||||
10 | (1) Interest, dividends, net gains (but not | ||||||
11 | less than zero) and other income from investment | ||||||
12 | assets and activities from trading assets and | ||||||
13 | activities shall be included in the receipts | ||||||
14 | factor. Investment assets and activities and | ||||||
15 | trading assets and activities include , but are not | ||||||
16 | limited to: investment securities; trading account | ||||||
17 | assets; federal funds; securities purchased and | ||||||
18 | sold under agreements to resell or repurchase; | ||||||
19 | options; futures contracts; forward contracts; | ||||||
20 | notional principal contracts such as swaps; | ||||||
21 | equities; and foreign currency transactions. With | ||||||
22 | respect to the investment and trading assets and | ||||||
23 | activities described in subparagraphs (A) and (B) | ||||||
24 | of this paragraph, the receipts factor shall | ||||||
25 | include the amounts described in such | ||||||
26 | subparagraphs. |
| |||||||
| |||||||
1 | (A) The receipts factor shall include the | ||||||
2 | amount by which interest from federal funds | ||||||
3 | sold and securities purchased under resale | ||||||
4 | agreements exceeds interest expense on federal | ||||||
5 | funds purchased and securities sold under | ||||||
6 | repurchase agreements. | ||||||
7 | (B) The receipts factor shall include the | ||||||
8 | amount by which interest, dividends, gains and | ||||||
9 | other income from trading assets and | ||||||
10 | activities, including , but not limited to , | ||||||
11 | assets and activities in the matched book, in | ||||||
12 | the arbitrage book, and foreign currency | ||||||
13 | transactions, exceed amounts paid in lieu of | ||||||
14 | interest, amounts paid in lieu of dividends, | ||||||
15 | and losses from such assets and activities. | ||||||
16 | (2) The numerator of the receipts factor | ||||||
17 | includes interest, dividends, net gains (but not | ||||||
18 | less than zero), and other income from investment | ||||||
19 | assets and activities and from trading assets and | ||||||
20 | activities described in paragraph (1) of this | ||||||
21 | subsection that are attributable to this State. | ||||||
22 | (A) The amount of interest, dividends, net | ||||||
23 | gains (but not less than zero), and other | ||||||
24 | income from investment assets and activities | ||||||
25 | in the investment account to be attributed to | ||||||
26 | this State and included in the numerator is |
| |||||||
| |||||||
1 | determined by multiplying all such income from | ||||||
2 | such assets and activities by a fraction, the | ||||||
3 | numerator of which is the gross income from | ||||||
4 | such assets and activities which are properly | ||||||
5 | assigned to a fixed place of business of the | ||||||
6 | taxpayer within this State and the denominator | ||||||
7 | of which is the gross income from all such | ||||||
8 | assets and activities. | ||||||
9 | (B) The amount of interest from federal | ||||||
10 | funds sold and purchased and from securities | ||||||
11 | purchased under resale agreements and | ||||||
12 | securities sold under repurchase agreements | ||||||
13 | attributable to this State and included in the | ||||||
14 | numerator is determined by multiplying the | ||||||
15 | amount described in subparagraph (A) of | ||||||
16 | paragraph (1) of this subsection from such | ||||||
17 | funds and such securities by a fraction, the | ||||||
18 | numerator of which is the gross income from | ||||||
19 | such funds and such securities which are | ||||||
20 | properly assigned to a fixed place of business | ||||||
21 | of the taxpayer within this State and the | ||||||
22 | denominator of which is the gross income from | ||||||
23 | all such funds and such securities. | ||||||
24 | (C) The amount of interest, dividends, | ||||||
25 | gains, and other income from trading assets | ||||||
26 | and activities, including , but not limited to , |
| |||||||
| |||||||
1 | assets and activities in the matched book, in | ||||||
2 | the arbitrage book and foreign currency | ||||||
3 | transactions (but excluding amounts described | ||||||
4 | in subparagraphs (A) or (B) of this | ||||||
5 | paragraph), attributable to this State and | ||||||
6 | included in the numerator is determined by | ||||||
7 | multiplying the amount described in | ||||||
8 | subparagraph (B) of paragraph (1) of this | ||||||
9 | subsection by a fraction, the numerator of | ||||||
10 | which is the gross income from such trading | ||||||
11 | assets and activities which are properly | ||||||
12 | assigned to a fixed place of business of the | ||||||
13 | taxpayer within this State and the denominator | ||||||
14 | of which is the gross income from all such | ||||||
15 | assets and activities. | ||||||
16 | (D) Properly assigned, for purposes of | ||||||
17 | this paragraph (2) of this subsection, means | ||||||
18 | the investment or trading asset or activity is | ||||||
19 | assigned to the fixed place of business with | ||||||
20 | which it has a preponderance of substantive | ||||||
21 | contacts. An investment or trading asset or | ||||||
22 | activity assigned by the taxpayer to a fixed | ||||||
23 | place of business without the State shall be | ||||||
24 | presumed to have been properly assigned if: | ||||||
25 | (i) the taxpayer has assigned, in the | ||||||
26 | regular course of its business, such asset |
| |||||||
| |||||||
1 | or activity on its records to a fixed | ||||||
2 | place of business consistent with federal | ||||||
3 | or state regulatory requirements; | ||||||
4 | (ii) such assignment on its records is | ||||||
5 | based upon substantive contacts of the | ||||||
6 | asset or activity to such fixed place of | ||||||
7 | business; and | ||||||
8 | (iii) the taxpayer uses such records | ||||||
9 | reflecting assignment of such assets or | ||||||
10 | activities for the filing of all state and | ||||||
11 | local tax returns for which an assignment | ||||||
12 | of such assets or activities to a fixed | ||||||
13 | place of business is required. | ||||||
14 | (E) The presumption of proper assignment | ||||||
15 | of an investment or trading asset or activity | ||||||
16 | provided in subparagraph (D) of paragraph (2) | ||||||
17 | of this subsection may be rebutted upon a | ||||||
18 | showing by the Department, supported by a | ||||||
19 | preponderance of the evidence, that the | ||||||
20 | preponderance of substantive contacts | ||||||
21 | regarding such asset or activity did not occur | ||||||
22 | at the fixed place of business to which it was | ||||||
23 | assigned on the taxpayer's records. If the | ||||||
24 | fixed place of business that has a | ||||||
25 | preponderance of substantive contacts cannot | ||||||
26 | be determined for an investment or trading |
| |||||||
| |||||||
1 | asset or activity to which the presumption in | ||||||
2 | subparagraph (D) of paragraph (2) of this | ||||||
3 | subsection does not apply or with respect to | ||||||
4 | which that presumption has been rebutted, that | ||||||
5 | asset or activity is properly assigned to the | ||||||
6 | state in which the taxpayer's commercial | ||||||
7 | domicile is located. For purposes of this | ||||||
8 | subparagraph (E), it shall be presumed, | ||||||
9 | subject to rebuttal, that taxpayer's | ||||||
10 | commercial domicile is in the state of the | ||||||
11 | United States or the District of Columbia to | ||||||
12 | which the greatest number of employees are | ||||||
13 | regularly connected with the management of the | ||||||
14 | investment or trading income or out of which | ||||||
15 | they are working, irrespective of where the | ||||||
16 | services of such employees are performed, as | ||||||
17 | of the last day of the taxable year.
| ||||||
18 | (4) (Blank). | ||||||
19 | (5) (Blank). | ||||||
20 | (c-1) Federally regulated exchanges. For taxable years | ||||||
21 | ending on or after December 31, 2012, business income of a | ||||||
22 | federally regulated exchange shall, at the option of the | ||||||
23 | federally regulated exchange, be apportioned to this State by | ||||||
24 | multiplying such income by a fraction, the numerator of which | ||||||
25 | is its business income from sources within this State, and the | ||||||
26 | denominator of which is its business income from all sources. |
| |||||||
| |||||||
1 | For purposes of this subsection, the business income within | ||||||
2 | this State of a federally regulated exchange is the sum of the | ||||||
3 | following: | ||||||
4 | (1) Receipts attributable to transactions executed on | ||||||
5 | a physical trading floor if that physical trading floor is | ||||||
6 | located in this State. | ||||||
7 | (2) Receipts attributable to all other matching, | ||||||
8 | execution, or clearing transactions, including without | ||||||
9 | limitation receipts from the provision of matching, | ||||||
10 | execution, or clearing services to another entity, | ||||||
11 | multiplied by (i) for taxable years ending on or after | ||||||
12 | December 31, 2012 but before December 31, 2013, 63.77%; | ||||||
13 | and (ii) for taxable years ending on or after December 31, | ||||||
14 | 2013, 27.54%. | ||||||
15 | (3) All other receipts not governed by subparagraphs | ||||||
16 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
17 | receipts would be characterized as "sales in this State" | ||||||
18 | under item (3) of subsection (a) of this Section. | ||||||
19 | "Federally regulated exchange" means (i) a "registered | ||||||
20 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
21 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
22 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
23 | entities regulated under any successor regulatory structure to | ||||||
24 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
25 | same unitary business group as a federally regulated exchange, | ||||||
26 | determined without regard to the prohibition in Section |
| |||||||
| |||||||
1 | 1501(a)(27) of this Act against including in a unitary | ||||||
2 | business group taxpayers who are ordinarily required to | ||||||
3 | apportion business income under different subsections of this | ||||||
4 | Section; provided that this subparagraph (iv) shall apply only | ||||||
5 | if 50% or more of the business receipts of the unitary business | ||||||
6 | group determined by application of this subparagraph (iv) for | ||||||
7 | the taxable year are attributable to the matching, execution, | ||||||
8 | or clearing of transactions conducted by an entity described | ||||||
9 | in subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
10 | In no event shall the Illinois apportionment percentage | ||||||
11 | computed in accordance with this subsection (c-1) for any | ||||||
12 | taxpayer for any tax year be less than the Illinois | ||||||
13 | apportionment percentage computed under this subsection (c-1) | ||||||
14 | for that taxpayer for the first full tax year ending on or | ||||||
15 | after December 31, 2013 for which this subsection (c-1) | ||||||
16 | applied to the taxpayer. | ||||||
17 | (d) Transportation services. For taxable years ending | ||||||
18 | before December 31, 2008, business income derived from | ||||||
19 | furnishing
transportation services shall be apportioned to | ||||||
20 | this State in accordance
with paragraphs (1) and (2):
| ||||||
21 | (1) Such business income (other than that derived from
| ||||||
22 | transportation by pipeline) shall be apportioned to this | ||||||
23 | State by
multiplying such income by a fraction, the | ||||||
24 | numerator of which is the
revenue miles of the person in | ||||||
25 | this State, and the denominator of which
is the revenue | ||||||
26 | miles of the person everywhere. For purposes of this
|
| |||||||
| |||||||
1 | paragraph, a revenue mile is the transportation of 1 | ||||||
2 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
3 | for a consideration. Where a
person is engaged in the | ||||||
4 | transportation of both passengers and freight,
the | ||||||
5 | fraction above referred to shall be determined by means of | ||||||
6 | an
average of the passenger revenue mile fraction and the | ||||||
7 | freight revenue
mile fraction, weighted to reflect the | ||||||
8 | person's
| ||||||
9 | (A) relative railway operating income from total | ||||||
10 | passenger and total
freight service, as reported to | ||||||
11 | the Interstate Commerce Commission, in
the case of | ||||||
12 | transportation by railroad, and
| ||||||
13 | (B) relative gross receipts from passenger and | ||||||
14 | freight
transportation, in case of transportation | ||||||
15 | other than by railroad.
| ||||||
16 | (2) Such business income derived from transportation | ||||||
17 | by pipeline
shall be apportioned to this State by | ||||||
18 | multiplying such income by a
fraction, the numerator of | ||||||
19 | which is the revenue miles of the person in
this State, and | ||||||
20 | the denominator of which is the revenue miles of the
| ||||||
21 | person everywhere. For the purposes of this paragraph, a | ||||||
22 | revenue mile is
the transportation by pipeline of 1 barrel | ||||||
23 | of oil, 1,000 cubic feet of
gas, or of any specified | ||||||
24 | quantity of any other substance, the distance
of 1 mile | ||||||
25 | for a consideration.
| ||||||
26 | (3) For taxable years ending on or after December 31, |
| |||||||
| |||||||
1 | 2008, business income derived from providing | ||||||
2 | transportation services other than airline services shall | ||||||
3 | be apportioned to this State by using a fraction, (a) the | ||||||
4 | numerator of which shall be (i) all receipts from any | ||||||
5 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
6 | any other substance (other than by airline) that both | ||||||
7 | originates and terminates in this State, plus (ii) that | ||||||
8 | portion of the person's gross receipts from movements or | ||||||
9 | shipments of people, goods, mail, oil, gas, or any other | ||||||
10 | substance (other than by airline) that originates in one | ||||||
11 | state or jurisdiction and terminates in another state or | ||||||
12 | jurisdiction, that is determined by the ratio that the | ||||||
13 | miles traveled in this State bears to total miles | ||||||
14 | everywhere and (b) the denominator of which shall be all | ||||||
15 | revenue derived from the movement or shipment of people, | ||||||
16 | goods, mail, oil, gas, or any other substance (other than | ||||||
17 | by airline). Where a taxpayer is engaged in the | ||||||
18 | transportation of both passengers and freight, the | ||||||
19 | fraction above referred to shall first be determined | ||||||
20 | separately for passenger miles and freight miles. Then an | ||||||
21 | average of the passenger miles fraction and the freight | ||||||
22 | miles fraction shall be weighted to reflect the | ||||||
23 | taxpayer's: | ||||||
24 | (A) relative railway operating income from total | ||||||
25 | passenger and total freight service, as reported to | ||||||
26 | the Surface Transportation Board, in the case of |
| |||||||
| |||||||
1 | transportation by railroad; and | ||||||
2 | (B) relative gross receipts from passenger and | ||||||
3 | freight transportation, in case of transportation | ||||||
4 | other than by railroad.
| ||||||
5 | (4) For taxable years ending on or after December 31, | ||||||
6 | 2008, business income derived from furnishing airline
| ||||||
7 | transportation services shall be apportioned to this State | ||||||
8 | by
multiplying such income by a fraction, the numerator of | ||||||
9 | which is the
revenue miles of the person in this State, and | ||||||
10 | the denominator of which
is the revenue miles of the | ||||||
11 | person everywhere. For purposes of this
paragraph, a | ||||||
12 | revenue mile is the transportation of one passenger or one | ||||||
13 | net
ton of freight the distance of one mile for a | ||||||
14 | consideration. If a
person is engaged in the | ||||||
15 | transportation of both passengers and freight,
the | ||||||
16 | fraction above referred to shall be determined by means of | ||||||
17 | an
average of the passenger revenue mile fraction and the | ||||||
18 | freight revenue
mile fraction, weighted to reflect the | ||||||
19 | person's relative gross receipts from passenger and | ||||||
20 | freight
airline transportation.
| ||||||
21 | (e) Combined apportionment. Where 2 or more persons are | ||||||
22 | engaged in
a unitary business as described in subsection | ||||||
23 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
24 | State by one or more members of the
group, the business income | ||||||
25 | attributable to this State by any such member
or members shall | ||||||
26 | be apportioned by means of the combined apportionment method.
|
| |||||||
| |||||||
1 | (f) Alternative allocation. If the allocation and | ||||||
2 | apportionment
provisions of subsections (a) through (e) and of | ||||||
3 | subsection (h) do not, for taxable years ending before | ||||||
4 | December 31, 2008, fairly represent the
extent of a person's | ||||||
5 | business activity in this State, or, for taxable years ending | ||||||
6 | on or after December 31, 2008, fairly represent the market for | ||||||
7 | the person's goods, services, or other sources of business | ||||||
8 | income, the person may
petition for, or the Director may, | ||||||
9 | without a petition, permit or require, in respect of all or any | ||||||
10 | part
of the person's business activity, if reasonable:
| ||||||
11 | (1) Separate accounting;
| ||||||
12 | (2) The exclusion of any one or more factors;
| ||||||
13 | (3) The inclusion of one or more additional factors | ||||||
14 | which will
fairly represent the person's business | ||||||
15 | activities or market in this State; or
| ||||||
16 | (4) The employment of any other method to effectuate | ||||||
17 | an equitable
allocation and apportionment of the person's | ||||||
18 | business income.
| ||||||
19 | (g) Cross reference. For allocation of business income by | ||||||
20 | residents,
see Section 301(a).
| ||||||
21 | (h) For tax years ending on or after December 31, 1998, the | ||||||
22 | apportionment
factor of persons who apportion their business | ||||||
23 | income to this State under
subsection (a) shall be equal to:
| ||||||
24 | (1) for tax years ending on or after December 31, 1998 | ||||||
25 | and before December
31, 1999, 16 2/3% of the property | ||||||
26 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of |
| |||||||
| |||||||
1 | the sales factor;
| ||||||
2 | (2) for tax years ending on or after December 31, 1999 | ||||||
3 | and before December
31,
2000, 8 1/3% of the property | ||||||
4 | factor plus 8 1/3% of the payroll factor plus 83
1/3%
of | ||||||
5 | the sales factor;
| ||||||
6 | (3) for tax years ending on or after December 31, | ||||||
7 | 2000, the sales factor.
| ||||||
8 | If, in any tax year ending on or after December 31, 1998 and | ||||||
9 | before December
31, 2000, the denominator of the payroll, | ||||||
10 | property, or sales factor is zero,
the apportionment
factor | ||||||
11 | computed in paragraph (1) or (2) of this subsection for that | ||||||
12 | year shall
be divided by an amount equal to 100% minus the | ||||||
13 | percentage weight given to each
factor whose denominator is | ||||||
14 | equal to zero.
| ||||||
15 | (Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19; | ||||||
16 | 101-585, eff. 8-26-19; revised 9-12-19.)
| ||||||
17 | (35 ILCS 5/701) (from Ch. 120, par. 7-701) | ||||||
18 | Sec. 701. Requirement and amount of withholding.
| ||||||
19 | (a) In General. Every
employer maintaining an office or | ||||||
20 | transacting business within this State
and required under the | ||||||
21 | provisions of the Internal Revenue Code to
withhold a tax on:
| ||||||
22 | (1) compensation paid in this State (as determined | ||||||
23 | under Section
304(a)(2)(B) ) to an individual; or
| ||||||
24 | (2) payments described in subsection (b) shall deduct | ||||||
25 | and withhold from
such compensation for each payroll |
| |||||||
| |||||||
1 | period (as defined in Section 3401 of
the Internal Revenue | ||||||
2 | Code) an amount equal to the amount by which such
| ||||||
3 | individual's
compensation exceeds the proportionate part | ||||||
4 | of this withholding exemption
(computed as provided in | ||||||
5 | Section 702) attributable to the payroll period
for which | ||||||
6 | such compensation is payable multiplied by a percentage | ||||||
7 | equal
to the percentage tax rate for individuals provided | ||||||
8 | in subsection (b) of
Section 201.
| ||||||
9 | (a-5) Withholding from nonresident employees. For taxable | ||||||
10 | years beginning on or after January 1, 2020, for purposes of | ||||||
11 | determining compensation paid in this State under paragraph | ||||||
12 | (B) of item (2) of subsection (a) of Section 304: | ||||||
13 | (1) If an employer maintains a time and attendance | ||||||
14 | system that tracks where employees perform services on a | ||||||
15 | daily basis, then data from the time and attendance system | ||||||
16 | shall be used. For purposes of this paragraph, time and | ||||||
17 | attendance system means a system: | ||||||
18 | (A) in which the employee is required, on a | ||||||
19 | contemporaneous basis, to record the work location for | ||||||
20 | every day worked outside of the State where the | ||||||
21 | employment duties are primarily performed; and | ||||||
22 | (B) that is designed to allow the employer to | ||||||
23 | allocate the employee's wages for income tax purposes | ||||||
24 | among all states in which the employee performs | ||||||
25 | services. | ||||||
26 | (2) In all other cases, the employer shall obtain a |
| |||||||
| |||||||
1 | written statement from the employee of the number of days | ||||||
2 | reasonably expected to be spent performing services in | ||||||
3 | this State during the taxable year. Absent the employer's | ||||||
4 | actual knowledge of fraud or gross negligence by the | ||||||
5 | employee in making the determination or collusion between | ||||||
6 | the employer and the employee to evade tax, the | ||||||
7 | certification so made by the employee and maintained in | ||||||
8 | the employer's books and records shall be prima facie | ||||||
9 | evidence and constitute a rebuttable presumption of the | ||||||
10 | number of days spent performing services in this State. | ||||||
11 | (b) Payment to Residents. Any payment (including | ||||||
12 | compensation, but not including a payment from which | ||||||
13 | withholding is required under Section 710 of this Act) to a
| ||||||
14 | resident
by a payor maintaining an office or transacting | ||||||
15 | business within this State
(including any agency, officer, or | ||||||
16 | employee of this State or of any political
subdivision of this | ||||||
17 | State) and on which withholding of tax is required under
the | ||||||
18 | provisions of the
Internal Revenue Code shall be deemed to be | ||||||
19 | compensation paid in this State
by an employer to an employee | ||||||
20 | for the purposes of Article 7 and Section
601(b)(1) to the | ||||||
21 | extent such payment is included in the recipient's base
income | ||||||
22 | and not subjected to withholding by another state.
| ||||||
23 | Notwithstanding any other provision to the contrary, no amount | ||||||
24 | shall be
withheld from unemployment insurance benefit payments | ||||||
25 | made to an individual
pursuant to the Unemployment Insurance | ||||||
26 | Act unless the individual has
voluntarily elected the |
| |||||||
| |||||||
1 | withholding pursuant to rules promulgated by the
Director of | ||||||
2 | Employment Security.
| ||||||
3 | (c) Special Definitions. Withholding shall be considered | ||||||
4 | required under
the provisions of the Internal Revenue Code to | ||||||
5 | the extent the Internal Revenue
Code either requires | ||||||
6 | withholding or allows for voluntary withholding the
payor and | ||||||
7 | recipient have entered into such a voluntary withholding | ||||||
8 | agreement.
For the purposes of Article 7 and Section 1002(c) | ||||||
9 | the term "employer" includes
any payor who is required to | ||||||
10 | withhold tax pursuant to this Section.
| ||||||
11 | (d) Reciprocal Exemption. The Director may enter into an | ||||||
12 | agreement with
the taxing authorities of any state which | ||||||
13 | imposes a tax on or measured by
income to provide that | ||||||
14 | compensation paid in such state to residents of this
State | ||||||
15 | shall be exempt from withholding of such tax; in such case, any
| ||||||
16 | compensation paid in this State to residents of such state | ||||||
17 | shall be exempt
from withholding.
All reciprocal agreements | ||||||
18 | shall be subject to the requirements of Section
2505-575 of | ||||||
19 | the Department of Revenue Law (20 ILCS
2505/2505-575).
| ||||||
20 | (e) Notwithstanding subsection (a)(2) of this Section, no | ||||||
21 | withholding
is required on payments for which withholding is | ||||||
22 | required under Section
3405 or 3406 of the Internal Revenue | ||||||
23 | Code.
| ||||||
24 | (Source: P.A. 101-585, eff. 8-26-19; revised 11-26-19.)
| ||||||
25 | Section 225. The Economic Development for a Growing |
| |||||||
| |||||||
1 | Economy Tax Credit Act is amended by changing Sections 5-51 | ||||||
2 | and 5-56 as follows:
| ||||||
3 | (35 ILCS 10/5-51) | ||||||
4 | Sec. 5-51. New Construction EDGE Agreement. | ||||||
5 | (a) Notwithstanding any other provisions of this Act, and | ||||||
6 | in addition to any Credit otherwise allowed under this Act, | ||||||
7 | beginning on January 1, 2021, there is allowed a New | ||||||
8 | Construction EDGE Credit for eligible Applicants that meet the | ||||||
9 | following criteria: | ||||||
10 | (1) the Department has certified that the Applicant | ||||||
11 | meets all requirements of Sections 5-15, 5-20, and 5-25; | ||||||
12 | and | ||||||
13 | (2) the Department has certified that, pursuant to | ||||||
14 | Section 5-20, the Applicant's Agreement includes a capital | ||||||
15 | investment of at least $10,000,000 in a New Construction | ||||||
16 | EDGE Project to be placed in service within the State as a | ||||||
17 | direct result of an Agreement entered into pursuant to | ||||||
18 | this Section. | ||||||
19 | (b) The Department shall notify each Applicant during the | ||||||
20 | application process that its their project is eligible for a | ||||||
21 | New Construction EDGE Credit. The Department shall create a | ||||||
22 | separate application to be filled out by the Applicant | ||||||
23 | regarding the New Construction EDGE credit. The Application | ||||||
24 | shall include the following: | ||||||
25 | (1) a detailed description of the New Construction |
| |||||||
| |||||||
1 | EDGE Project that is subject to the New Construction EDGE | ||||||
2 | Agreement, including the location and amount of the | ||||||
3 | investment and jobs created or retained; | ||||||
4 | (2) the duration of the New Construction EDGE Credit | ||||||
5 | and the first taxable year for which the Credit may be | ||||||
6 | claimed; | ||||||
7 | (3) the New Construction EDGE Credit amount that will | ||||||
8 | be allowed for each taxable year; | ||||||
9 | (4) a requirement that the Director is authorized to | ||||||
10 | verify with the appropriate State agencies the amount of | ||||||
11 | the incremental income tax withheld by a Taxpayer, and | ||||||
12 | after doing so, shall issue a certificate to the Taxpayer | ||||||
13 | stating that the amounts have been verified; | ||||||
14 | (5) the amount of the capital investment, which may at | ||||||
15 | no point be less than $10,000,000, the time period of | ||||||
16 | placing the New Construction EDGE Project in service, and | ||||||
17 | the designated location in Illinois for the investment; | ||||||
18 | (6) a requirement that the Taxpayer shall provide | ||||||
19 | written notification to the Director not more than 30 days | ||||||
20 | after the Taxpayer determines that the capital investment | ||||||
21 | of at least $10,000,000 is not or will not be achieved or | ||||||
22 | maintained as set forth in the terms and conditions of the | ||||||
23 | Agreement; | ||||||
24 | (7) a detailed provision that the Taxpayer shall be | ||||||
25 | awarded a New Construction EDGE Credit upon the verified | ||||||
26 | completion and occupancy of a New Construction EDGE |
| |||||||
| |||||||
1 | Project; and | ||||||
2 | (8) any other performance conditions, including the | ||||||
3 | ability to verify that a New Construction EDGE Project is | ||||||
4 | built and completed, or that contract provisions as the | ||||||
5 | Department determines are appropriate. | ||||||
6 | (c) The Department shall post on its website the terms of | ||||||
7 | each New Construction EDGE Agreement entered into under this | ||||||
8 | Act on or after June 5, 2019 ( the effective date of Public Act | ||||||
9 | 101-9) this amendatory Act of the 101st General Assembly . Such | ||||||
10 | information shall be posted within 10 days after entering into | ||||||
11 | the Agreement and must include the following: | ||||||
12 | (1) the name of the recipient business; | ||||||
13 | (2) the location of the project; | ||||||
14 | (3) the estimated value of the credit; and | ||||||
15 | (4) whether or not the project is located in an | ||||||
16 | underserved area. | ||||||
17 | (d) The Department, in collaboration with the Department | ||||||
18 | of Labor, shall require that certified payroll reporting, | ||||||
19 | pursuant to Section 5-56 of this Act, be completed in order to | ||||||
20 | verify the wages and any other necessary information which the | ||||||
21 | Department may deem necessary to ascertain and certify the | ||||||
22 | total number of New Construction EDGE Employees subject to a | ||||||
23 | New Construction EDGE Agreement and amount of a New | ||||||
24 | Construction EDGE Credit. | ||||||
25 | (e) The total aggregate amount of credits awarded under | ||||||
26 | the Blue Collar Jobs Act (Article 20 of Public Act 101-9 this |
| |||||||
| |||||||
1 | amendatory Act of the 101st General Assembly ) shall not exceed | ||||||
2 | $20,000,000 in any State fiscal year.
| ||||||
3 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
| ||||||
4 | (35 ILCS 10/5-56) | ||||||
5 | Sec. 5-56. Certified payroll. (a) Each contractor and | ||||||
6 | subcontractor that is engaged in and is executing a New | ||||||
7 | Construction EDGE Project for a Taxpayer, pursuant to a New | ||||||
8 | Construction EDGE Agreement shall: | ||||||
9 | (1) make and keep, for a period of 5 years from the | ||||||
10 | date of the last payment made on or after June 5, 2019 ( the | ||||||
11 | effective date of Public Act 101-9) this amendatory Act of | ||||||
12 | the 101st General Assembly on a contract or subcontract | ||||||
13 | for a New Construction EDGE Project pursuant to a New | ||||||
14 | Construction EDGE Agreement, records of all laborers and | ||||||
15 | other workers employed by the contractor or subcontractor | ||||||
16 | on the project; the records shall include: | ||||||
17 | (A) the worker's name; | ||||||
18 | (B) the worker's address; | ||||||
19 | (C) the worker's telephone number, if available; | ||||||
20 | (D) the worker's social security number; | ||||||
21 | (E) the worker's classification or | ||||||
22 | classifications; | ||||||
23 | (F) the worker's gross and net wages paid in each | ||||||
24 | pay period; | ||||||
25 | (G) the worker's number of hours worked each day; |
| |||||||
| |||||||
1 | (H) the worker's starting and ending times of work | ||||||
2 | each day; | ||||||
3 | (I) the worker's hourly wage rate; and | ||||||
4 | (J) the worker's hourly overtime wage rate; and | ||||||
5 | (2) no later than the 15th day of each calendar month, | ||||||
6 | provide a certified payroll for the immediately preceding | ||||||
7 | month to the taxpayer in charge of the project; within 5 | ||||||
8 | business days after receiving the certified payroll, the | ||||||
9 | taxpayer shall file the certified payroll with the | ||||||
10 | Department of Labor and the Department of Commerce and | ||||||
11 | Economic Opportunity; a certified payroll must be filed | ||||||
12 | for only those calendar months during which construction | ||||||
13 | on a New Construction EDGE Project has occurred; the | ||||||
14 | certified payroll shall consist of a complete copy of the | ||||||
15 | records identified in paragraph (1), but may exclude the | ||||||
16 | starting and ending times of work each day; the certified | ||||||
17 | payroll shall be accompanied by a statement signed by the | ||||||
18 | contractor or subcontractor or an officer, employee, or | ||||||
19 | agent of the contractor or subcontractor which avers that: | ||||||
20 | (A) he or she has examined the certified payroll | ||||||
21 | records required to be submitted by the Act and such | ||||||
22 | records are true and accurate; and | ||||||
23 | (B) the contractor or subcontractor is aware that | ||||||
24 | filing a certified payroll that he or she knows to be | ||||||
25 | false is a Class A misdemeanor. | ||||||
26 | A general contractor is not prohibited from relying on a |
| |||||||
| |||||||
1 | certified payroll of a lower-tier subcontractor, provided the | ||||||
2 | general contractor does not knowingly rely upon a | ||||||
3 | subcontractor's false certification. | ||||||
4 | Any contractor or subcontractor subject to this Section, | ||||||
5 | and any officer, employee, or agent of such contractor or | ||||||
6 | subcontractor whose duty as an officer, employee, or agent it | ||||||
7 | is to file a certified payroll under this Section, who | ||||||
8 | willfully fails to file such a certified payroll on or before | ||||||
9 | the date such certified payroll is required to be filed and any | ||||||
10 | person who willfully files a false certified payroll that is | ||||||
11 | false as to any material fact is in violation of this Act and | ||||||
12 | guilty of a Class A misdemeanor. | ||||||
13 | The taxpayer in charge of the project shall keep the | ||||||
14 | records submitted in accordance with this Section subsection | ||||||
15 | on or after June 5, 2019 ( the effective date of Public Act | ||||||
16 | 101-9) this amendatory Act of the 101st General Assembly for a | ||||||
17 | period of 5 years from the date of the last payment for work on | ||||||
18 | a contract or subcontract for the project. | ||||||
19 | The records submitted in accordance with this Section | ||||||
20 | subsection shall be considered public records, except an | ||||||
21 | employee's address, telephone number, and social security | ||||||
22 | number, and made available in accordance with the Freedom of | ||||||
23 | Information Act. The Department of Labor shall accept any | ||||||
24 | reasonable submissions by the contractor that meet the | ||||||
25 | requirements of this Section subsection and shall share the | ||||||
26 | information with the Department in order to comply with the |
| |||||||
| |||||||
1 | awarding of New Construction EDGE Credits. A contractor, | ||||||
2 | subcontractor, or public body may retain records required | ||||||
3 | under this Section in paper or electronic format. | ||||||
4 | Upon 7 business days' notice, the contractor and each | ||||||
5 | subcontractor shall make available for inspection and copying | ||||||
6 | at a location within this State during reasonable hours, the | ||||||
7 | records identified in paragraph (1) of this Section subsection | ||||||
8 | to the taxpayer in charge of the project, its officers and | ||||||
9 | agents, the Director of Labor and his or her deputies and | ||||||
10 | agents, and to federal, State, or local law enforcement | ||||||
11 | agencies and prosecutors.
| ||||||
12 | (Source: P.A. 101-9, eff. 6-5-19; revised 8-22-19.)
| ||||||
13 | Section 230. The Film
Production Services Tax Credit Act | ||||||
14 | of 2008 is amended by changing Section 10 as follows:
| ||||||
15 | (35 ILCS 16/10)
| ||||||
16 | Sec. 10. Definitions. As used in this Act:
| ||||||
17 | "Accredited production" means: (i) for productions | ||||||
18 | commencing before May 1, 2006, a film, video, or television | ||||||
19 | production that
has been certified by the Department in which | ||||||
20 | the aggregate Illinois labor
expenditures
included in the cost | ||||||
21 | of the production, in the period that ends 12 months after
the | ||||||
22 | time principal filming or taping of the production began, | ||||||
23 | exceed $100,000
for productions of 30 minutes or longer, or | ||||||
24 | $50,000 for productions of less
than 30
minutes; and (ii) for |
| |||||||
| |||||||
1 | productions commencing on or after May 1, 2006, a film, video, | ||||||
2 | or television production that has been certified by the | ||||||
3 | Department in which the Illinois production spending included | ||||||
4 | in the cost of production in the period that ends 12 months | ||||||
5 | after the time principal filming or taping of the production | ||||||
6 | began exceeds $100,000 for productions of 30 minutes or longer | ||||||
7 | or exceeds $50,000 for productions of less than 30 minutes. | ||||||
8 | "Accredited production" does not include a production that:
| ||||||
9 | (1) is news, current events, or public programming, or | ||||||
10 | a program that
includes weather or market reports;
| ||||||
11 | (2) is a talk show;
| ||||||
12 | (3) is a production in respect of a game, | ||||||
13 | questionnaire, or contest;
| ||||||
14 | (4) is a sports event or activity;
| ||||||
15 | (5) is a gala presentation or awards show;
| ||||||
16 | (6) is a finished production that solicits funds;
| ||||||
17 | (7) is a production produced by a film production | ||||||
18 | company if records, as
required
by 18
U.S.C. 2257, are to | ||||||
19 | be maintained by that film production company with respect
| ||||||
20 | to any
performer portrayed in that single media or | ||||||
21 | multimedia program; or
| ||||||
22 | (8) is a production produced primarily for industrial, | ||||||
23 | corporate, or
institutional purposes.
| ||||||
24 | "Accredited animated production" means an accredited | ||||||
25 | production in which movement and characters' performances are | ||||||
26 | created using a frame-by-frame technique and a significant |
| |||||||
| |||||||
1 | number of major characters are animated. Motion capture by | ||||||
2 | itself is not an animation technique. | ||||||
3 | "Accredited production certificate" means a certificate | ||||||
4 | issued by the
Department certifying that the production is an | ||||||
5 | accredited production that
meets the guidelines of this Act.
| ||||||
6 | "Applicant" means a taxpayer that is a film production | ||||||
7 | company that is
operating or has operated an accredited | ||||||
8 | production located within the State of
Illinois and that
(i) | ||||||
9 | owns the copyright in the accredited production throughout the
| ||||||
10 | Illinois production period or (ii)
has contracted directly | ||||||
11 | with the owner of the copyright in the
accredited production
| ||||||
12 | or a person acting on behalf of the owner
to provide services | ||||||
13 | for the production, where the owner
of the copyright is not an | ||||||
14 | eligible production corporation.
| ||||||
15 | "Credit" means:
| ||||||
16 | (1) for an accredited production approved by the | ||||||
17 | Department on or before January 1, 2005 and commencing | ||||||
18 | before May 1, 2006, the amount equal to 25% of the Illinois | ||||||
19 | labor
expenditure approved by the Department.
The | ||||||
20 | applicant is deemed to have paid, on its balance due day | ||||||
21 | for the year, an
amount equal to 25% of its qualified | ||||||
22 | Illinois labor expenditure for the tax
year. For Illinois | ||||||
23 | labor expenditures generated by the employment of | ||||||
24 | residents of geographic areas of high poverty or high | ||||||
25 | unemployment, as determined by the Department, in an | ||||||
26 | accredited production commencing before May 1, 2006 and
|
| |||||||
| |||||||
1 | approved by the Department after January 1, 2005, the | ||||||
2 | applicant shall receive an enhanced credit of 10% in | ||||||
3 | addition to the 25% credit; and | ||||||
4 | (2) for an accredited production commencing on or | ||||||
5 | after May 1, 2006, the amount equal to: | ||||||
6 | (i) 20% of the Illinois production spending for | ||||||
7 | the taxable year; plus | ||||||
8 | (ii) 15% of the Illinois labor expenditures | ||||||
9 | generated by the employment of residents of geographic | ||||||
10 | areas of high poverty or high unemployment, as | ||||||
11 | determined by the Department; and
| ||||||
12 | (3) for an accredited production commencing on or | ||||||
13 | after January 1, 2009, the amount equal to: | ||||||
14 | (i) 30% of the Illinois production spending for | ||||||
15 | the taxable year; plus | ||||||
16 | (ii) 15% of the Illinois labor expenditures | ||||||
17 | generated by the employment of residents of geographic | ||||||
18 | areas of high poverty or high unemployment, as | ||||||
19 | determined by the Department. | ||||||
20 | "Department" means the Department of Commerce and Economic | ||||||
21 | Opportunity.
| ||||||
22 | "Director" means the Director of Commerce and Economic | ||||||
23 | Opportunity.
| ||||||
24 | "Illinois labor expenditure" means
salary or wages paid to | ||||||
25 | employees of the
applicant for services on the accredited
| ||||||
26 | production . ;
|
| |||||||
| |||||||
1 | To qualify as an Illinois labor expenditure, the | ||||||
2 | expenditure must be:
| ||||||
3 | (1) Reasonable in the circumstances.
| ||||||
4 | (2) Included in the federal income tax basis of the | ||||||
5 | property.
| ||||||
6 | (3) Incurred by the applicant for services on or after | ||||||
7 | January 1, 2004.
| ||||||
8 | (4) Incurred for the production stages of the | ||||||
9 | accredited production, from
the final
script stage to the | ||||||
10 | end of the post-production stage.
| ||||||
11 | (5) Limited to the first $25,000 of wages paid or | ||||||
12 | incurred to each
employee of a production commencing | ||||||
13 | before May 1, 2006 and the first $100,000 of wages paid or | ||||||
14 | incurred to each
employee of
a production commencing on or | ||||||
15 | after May 1, 2006.
| ||||||
16 | (6) For a production commencing before May 1, 2006, | ||||||
17 | exclusive of the salary or wages paid to or incurred for | ||||||
18 | the 2 highest
paid
employees of the production.
| ||||||
19 | (7) Directly attributable to the accredited | ||||||
20 | production.
| ||||||
21 | (8) (Blank).
| ||||||
22 | (9) Paid to persons resident in Illinois at the time | ||||||
23 | the payments were
made.
| ||||||
24 | (10) Paid for services rendered in Illinois.
| ||||||
25 | "Illinois production spending" means the expenses incurred | ||||||
26 | by the applicant for an accredited production, including, |
| |||||||
| |||||||
1 | without limitation, all of the following: | ||||||
2 | (1) expenses to purchase, from vendors within | ||||||
3 | Illinois, tangible personal property that is used in the | ||||||
4 | accredited production; | ||||||
5 | (2) expenses to acquire services, from vendors in | ||||||
6 | Illinois, for film production, editing, or processing; and | ||||||
7 | (3) the compensation, not to exceed $100,000 for any | ||||||
8 | one employee, for contractual or salaried employees who | ||||||
9 | are Illinois residents performing services with respect to | ||||||
10 | the accredited production. | ||||||
11 | "Qualified production facility" means stage facilities in | ||||||
12 | the State in which television shows and films are or are | ||||||
13 | intended to be regularly produced and that contain at least | ||||||
14 | one sound stage of at least 15,000 square feet.
| ||||||
15 | Rulemaking authority to implement Public Act 95-1006 this | ||||||
16 | amendatory Act of the 95th General Assembly , if any, is | ||||||
17 | conditioned on the rules being adopted in accordance with all | ||||||
18 | provisions of the Illinois Administrative Procedure Act and | ||||||
19 | all rules and procedures of the Joint Committee on | ||||||
20 | Administrative Rules; any purported rule not so adopted, for | ||||||
21 | whatever reason, is unauthorized. | ||||||
22 | (Source: P.A. 97-796, eff. 7-13-12; revised 7-18-19.)
| ||||||
23 | Section 235. The Service Occupation Tax Act is amended by | ||||||
24 | changing Section 2d as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 115/2d)
| ||||||
2 | Sec. 2d. Motor vehicles; trailers; use as rolling stock | ||||||
3 | definition. | ||||||
4 | (a) (Blank).
| ||||||
5 | (b) (Blank).
| ||||||
6 | (c) This subsection (c) applies to motor vehicles, other | ||||||
7 | than limousines, purchased through June 30, 2017. For motor | ||||||
8 | vehicles, other than limousines, purchased on or after July 1, | ||||||
9 | 2017, subsection (d-5) applies. This subsection (c) applies to | ||||||
10 | limousines purchased before, on, or after July 1, 2017. "Use | ||||||
11 | as rolling stock moving in interstate commerce" in paragraph | ||||||
12 | (d-1) of the definition of "sale of service" in Section 2 | ||||||
13 | occurs for motor vehicles, as defined in Section 1-146 of the | ||||||
14 | Illinois Vehicle Code, when during a 12-month period the | ||||||
15 | rolling stock has carried persons or property for hire in | ||||||
16 | interstate commerce for greater than 50% of its total trips | ||||||
17 | for that period or for greater than 50% of its total miles for | ||||||
18 | that period. The person claiming the exemption shall make an | ||||||
19 | election at the time of purchase to use either the trips or | ||||||
20 | mileage method. Persons who purchased motor vehicles prior to | ||||||
21 | July 1, 2004 shall make an election to use either the trips or | ||||||
22 | mileage method and document that election in their books and | ||||||
23 | records. If no election is made under this subsection to use | ||||||
24 | the trips or mileage method, the person shall be deemed to have | ||||||
25 | chosen the mileage method. | ||||||
26 | For purposes of determining qualifying trips or miles, |
| |||||||
| |||||||
1 | motor vehicles that carry persons or property for hire, even | ||||||
2 | just between points in Illinois, will be considered used for | ||||||
3 | hire in interstate commerce if the motor vehicle transports | ||||||
4 | persons whose journeys or property whose shipments originate | ||||||
5 | or terminate outside Illinois. The exemption for motor | ||||||
6 | vehicles
used as rolling stock moving in interstate commerce | ||||||
7 | may be
claimed only for the following vehicles: (i) motor | ||||||
8 | vehicles whose gross vehicle weight
rating exceeds 16,000 | ||||||
9 | pounds; and (ii) limousines, as defined in Section 1-139.1 of | ||||||
10 | the Illinois Vehicle Code. Through June 30, 2017, this | ||||||
11 | definition applies to all property purchased for the purpose | ||||||
12 | of being attached to those motor vehicles as a part thereof. On | ||||||
13 | and after July 1, 2017, this definition applies to property | ||||||
14 | purchased for the purpose of being attached to limousines as a | ||||||
15 | part thereof. | ||||||
16 | (d) For purchases made through June 30, 2017, "use as | ||||||
17 | rolling stock moving in interstate commerce" in paragraph | ||||||
18 | (d-1) of the definition of "sale of service" in Section 2 | ||||||
19 | occurs for trailers, as defined in Section 1-209 of the | ||||||
20 | Illinois Vehicle Code, semitrailers as defined in Section | ||||||
21 | 1-187 of the Illinois Vehicle Code, and pole trailers as | ||||||
22 | defined in Section 1-161 of the Illinois Vehicle Code, when | ||||||
23 | during a 12-month period the rolling stock has carried persons | ||||||
24 | or property for hire in interstate commerce for greater than | ||||||
25 | 50% of its total trips for that period or for greater than 50% | ||||||
26 | of its total miles for that period. The person claiming the |
| |||||||
| |||||||
1 | exemption for a trailer or trailers that will not be dedicated | ||||||
2 | to a motor vehicle or group of motor vehicles shall make an | ||||||
3 | election at the time of purchase to use either the trips or | ||||||
4 | mileage method. Persons who purchased trailers prior to July | ||||||
5 | 1, 2004 that are not dedicated to a motor vehicle or group of | ||||||
6 | motor vehicles shall make an election to use either the trips | ||||||
7 | or mileage method and document that election in their books | ||||||
8 | and records. If no election is made under this subsection to | ||||||
9 | use the trips or mileage method, the person shall be deemed to | ||||||
10 | have chosen the mileage method. | ||||||
11 | For purposes of determining qualifying trips or miles, | ||||||
12 | trailers, semitrailers, or pole trailers that carry property | ||||||
13 | for hire, even just between points in Illinois, will be | ||||||
14 | considered used for hire in interstate commerce if the | ||||||
15 | trailers, semitrailers, or pole trailers transport property | ||||||
16 | whose shipments originate or terminate outside Illinois. This | ||||||
17 | definition applies to all property purchased for the purpose | ||||||
18 | of being attached to those trailers, semitrailers, or pole | ||||||
19 | trailers as a part thereof. In lieu of a person providing | ||||||
20 | documentation regarding the qualifying use of each individual | ||||||
21 | trailer, semitrailer, or pole trailer, that person may | ||||||
22 | document such qualifying use by providing documentation of the | ||||||
23 | following: | ||||||
24 | (1) If a trailer, semitrailer, or pole trailer is | ||||||
25 | dedicated to a motor vehicle that qualifies as rolling | ||||||
26 | stock moving in interstate commerce under subsection (c) |
| |||||||
| |||||||
1 | of this Section, then that trailer, semitrailer, or pole | ||||||
2 | trailer qualifies as rolling stock moving in interstate | ||||||
3 | commerce under this subsection. | ||||||
4 | (2) If a trailer, semitrailer, or pole trailer is | ||||||
5 | dedicated to a group of motor vehicles that all qualify as | ||||||
6 | rolling stock moving in interstate commerce under | ||||||
7 | subsection (c) of this Section, then that trailer, | ||||||
8 | semitrailer, or pole trailer qualifies as rolling stock | ||||||
9 | moving in interstate commerce under this subsection. | ||||||
10 | (3) If one or more trailers, semitrailers, or pole | ||||||
11 | trailers are dedicated to a group of motor vehicles and | ||||||
12 | not all of those motor vehicles in that group qualify as | ||||||
13 | rolling stock moving in interstate commerce under | ||||||
14 | subsection (c) of this Section, then the percentage of | ||||||
15 | those trailers, semitrailers, or pole trailers that | ||||||
16 | qualifies as rolling stock moving in interstate commerce | ||||||
17 | under this subsection is equal to the percentage of those | ||||||
18 | motor vehicles in that group that qualify as rolling stock | ||||||
19 | moving in interstate commerce under subsection (c) of this | ||||||
20 | Section to which those trailers, semitrailers, or pole | ||||||
21 | trailers are dedicated. However, to determine the | ||||||
22 | qualification for the exemption provided under this item | ||||||
23 | (3), the mathematical application of the qualifying | ||||||
24 | percentage to one or more trailers, semitrailers, or pole | ||||||
25 | trailers under this subpart shall not be allowed as to any | ||||||
26 | fraction of a trailer, semitrailer, or pole trailer.
|
| |||||||
| |||||||
1 | (d-5) For motor vehicles and trailers purchased on or | ||||||
2 | after July 1, 2017, "use as rolling stock moving in interstate | ||||||
3 | commerce" means that: | ||||||
4 | (1) the motor vehicle or trailer is used to transport | ||||||
5 | persons or property for hire; | ||||||
6 | (2) for purposes of the exemption under paragraph | ||||||
7 | (d-1) of the definition of "sale of service" in Section 2, | ||||||
8 | the purchaser who is an owner, lessor, or shipper claiming | ||||||
9 | the exemption certifies that the motor vehicle or trailer | ||||||
10 | will be utilized, from the time of purchase and continuing | ||||||
11 | through the statute of limitations for issuing a notice of | ||||||
12 | tax liability under this Act, by an interstate carrier or | ||||||
13 | carriers for hire who hold, and are required by Federal | ||||||
14 | Motor Carrier Safety Administration regulations to hold, | ||||||
15 | an active USDOT Number with the Carrier Operation listed | ||||||
16 | as "Interstate" and the Operation Classification listed as | ||||||
17 | "authorized for hire", "exempt for hire", or both | ||||||
18 | "authorized for hire" and "exempt for hire"; except that | ||||||
19 | this paragraph (2) does not apply to a motor vehicle or | ||||||
20 | trailer used at an airport to support the operation of an | ||||||
21 | aircraft moving in interstate commerce, as long as (i) in | ||||||
22 | the case of a motor vehicle, the motor vehicle meets | ||||||
23 | paragraphs (1) and (3) of this subsection (d-5) or (ii) in | ||||||
24 | the case of a trailer, the trailer meets paragraph (1) of | ||||||
25 | this subsection (d-5); and | ||||||
26 | (3) for motor vehicles, the gross vehicle weight |
| |||||||
| |||||||
1 | rating exceeds 16,000 pounds. | ||||||
2 | The definition of "use as rolling stock moving in | ||||||
3 | interstate commerce" in this subsection (d-5) applies to all | ||||||
4 | property purchased on or after July 1, 2017 for the purpose of | ||||||
5 | being attached to a motor vehicle or trailer as a part thereof, | ||||||
6 | regardless of whether the motor vehicle or trailer was | ||||||
7 | purchased before, on, or after July 1, 2017. | ||||||
8 | If an item ceases to meet requirements (1) through (3) | ||||||
9 | under this subsection (d-5), then the tax is imposed on the | ||||||
10 | selling price, allowing for a reasonable depreciation for the | ||||||
11 | period during which the item qualified for the exemption. | ||||||
12 | For purposes of this subsection (d-5): | ||||||
13 | "Motor vehicle" excludes limousines, but otherwise | ||||||
14 | means that term as defined in Section 1-146 of the | ||||||
15 | Illinois Vehicle Code. | ||||||
16 | "Trailer" means (i) "trailer", as defined in Section | ||||||
17 | 1-209 of the Illinois Vehicle Code, (ii) "semitrailer", as | ||||||
18 | defined in Section 1-187 of the Illinois Vehicle Code, and | ||||||
19 | (iii) "pole trailer", as defined in Section 1-161 of the | ||||||
20 | Illinois Vehicle Code. | ||||||
21 | (e) For aircraft and watercraft purchased on or after | ||||||
22 | January 1 , 2014, "use as rolling stock moving in interstate | ||||||
23 | commerce" in paragraph (d-1) of the definition of "sale of | ||||||
24 | service" in Section 2 occurs when, during a 12-month period, | ||||||
25 | the rolling stock has carried persons or property for hire in | ||||||
26 | interstate commerce for greater than 50% of its total trips |
| |||||||
| |||||||
1 | for that period or for greater than 50% of its total miles for | ||||||
2 | that period. The person claiming the exemption shall make an | ||||||
3 | election at the time of purchase to use either the trips or | ||||||
4 | mileage method and document that election in their books and | ||||||
5 | records. If no election is made under this subsection to use | ||||||
6 | the trips or mileage method, the person shall be deemed to have | ||||||
7 | chosen the mileage method. For aircraft, flight hours may be | ||||||
8 | used in lieu of recording miles in determining whether the | ||||||
9 | aircraft meets the mileage test in this subsection. For | ||||||
10 | watercraft, nautical miles or trip hours may be used in lieu of | ||||||
11 | recording miles in determining whether the watercraft meets | ||||||
12 | the mileage test in this subsection. | ||||||
13 | Notwithstanding any other provision of law to the | ||||||
14 | contrary, property purchased on or after January 1, 2014 for | ||||||
15 | the purpose of being attached to aircraft or watercraft as a | ||||||
16 | part thereof qualifies as rolling stock moving in interstate | ||||||
17 | commerce only if the aircraft or watercraft to which it will be | ||||||
18 | attached qualifies as rolling stock moving in interstate | ||||||
19 | commerce under the test set forth in this subsection (e), | ||||||
20 | regardless of when the aircraft or watercraft was purchased. | ||||||
21 | Persons who purchased aircraft or watercraft prior to January | ||||||
22 | 1, 2014 shall make an election to use either the trips or | ||||||
23 | mileage method and document that election in their books and | ||||||
24 | records for the purpose of determining whether property | ||||||
25 | purchased on or after January 1, 2014 for the purpose of being | ||||||
26 | attached to aircraft or watercraft as a part thereof qualifies |
| |||||||
| |||||||
1 | as rolling stock moving in interstate commerce under this | ||||||
2 | subsection (e). | ||||||
3 | (f) The election to use either the trips or mileage method | ||||||
4 | made under the provisions of subsections (c), (d), or (e) of | ||||||
5 | this Section will remain in effect for the duration of the | ||||||
6 | purchaser's ownership of that item. | ||||||
7 | (Source: P.A. 100-321, eff. 8-24-17; revised 7-24-19.)
| ||||||
8 | Section 240. The Retailers' Occupation Tax Act is amended | ||||||
9 | by changing Section 11 as follows:
| ||||||
10 | (35 ILCS 120/11) (from Ch. 120, par. 450)
| ||||||
11 | Sec. 11. All information received by the Department from | ||||||
12 | returns filed
under this Act, or from any investigation | ||||||
13 | conducted under this Act, shall
be confidential, except for | ||||||
14 | official purposes, and any person, including a third party as | ||||||
15 | defined in the Local Government Revenue Recapture Act, who | ||||||
16 | divulges
any such information in any manner, except in | ||||||
17 | accordance with a proper
judicial order or as otherwise | ||||||
18 | provided by law, including the Local Government Revenue | ||||||
19 | Recapture Act, shall be guilty of a Class
B misdemeanor with a | ||||||
20 | fine not to exceed $7,500.
| ||||||
21 | Nothing in this Act prevents the Director of Revenue from | ||||||
22 | publishing or
making available to the public the names and | ||||||
23 | addresses of persons filing
returns under this Act, or | ||||||
24 | reasonable statistics concerning the operation
of the tax by |
| |||||||
| |||||||
1 | grouping the contents of returns so the information in any
| ||||||
2 | individual return is not disclosed.
| ||||||
3 | Nothing in this Act prevents the Director of Revenue from | ||||||
4 | divulging to
the United States Government or the government of | ||||||
5 | any other state, or any
officer or agency thereof, for | ||||||
6 | exclusively official purposes, information
received by the | ||||||
7 | Department in administering this Act, provided that such
other | ||||||
8 | governmental agency agrees to divulge requested tax | ||||||
9 | information to
the Department.
| ||||||
10 | The Department's furnishing of information derived from a | ||||||
11 | taxpayer's
return or from an investigation conducted under | ||||||
12 | this Act to the surety on a
taxpayer's bond that has been | ||||||
13 | furnished to the Department under this Act,
either to provide | ||||||
14 | notice to such surety of its potential liability under
the | ||||||
15 | bond or, in order to support the Department's demand for | ||||||
16 | payment from
such surety under the bond, is an official | ||||||
17 | purpose within the meaning of
this Section.
| ||||||
18 | The furnishing upon request of information obtained by the | ||||||
19 | Department
from returns filed under this Act or investigations | ||||||
20 | conducted under this
Act to the Illinois Liquor Control | ||||||
21 | Commission for official use is deemed to
be an official | ||||||
22 | purpose within the meaning of this Section.
| ||||||
23 | Notice to a surety of potential liability shall not be | ||||||
24 | given unless the
taxpayer has first been notified, not less | ||||||
25 | than 10 days prior thereto, of
the Department's intent to so | ||||||
26 | notify the surety.
|
| |||||||
| |||||||
1 | The furnishing upon request of the Auditor General, or his | ||||||
2 | authorized agents,
for official use, of returns filed and | ||||||
3 | information related thereto under
this Act is deemed to be an | ||||||
4 | official purpose within the meaning of this
Section.
| ||||||
5 | Where an appeal or a protest has been filed on behalf of a | ||||||
6 | taxpayer, the
furnishing upon request of the attorney for the | ||||||
7 | taxpayer of returns filed
by the taxpayer and information | ||||||
8 | related thereto under this Act is deemed
to be an official | ||||||
9 | purpose within the meaning of this Section.
| ||||||
10 | The furnishing of financial information to a municipality | ||||||
11 | or county, upon request of the chief executive officer | ||||||
12 | thereof, is an official purpose within the meaning of this | ||||||
13 | Section,
provided the municipality or county agrees in
writing | ||||||
14 | to the requirements of this Section. Information provided to | ||||||
15 | municipalities and counties under this paragraph shall be | ||||||
16 | limited to: (1) the business name; (2) the business address; | ||||||
17 | (3) the standard classification number assigned to the | ||||||
18 | business; (4) net revenue distributed to the requesting | ||||||
19 | municipality or county that is directly related to the | ||||||
20 | requesting municipality's or county's local share of the | ||||||
21 | proceeds under the Use Tax Act, the Service Use Tax Act, the | ||||||
22 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
23 | Act distributed from the Local Government Tax Fund, and, if | ||||||
24 | applicable, any locally imposed retailers' occupation tax or | ||||||
25 | service occupation tax; and (5) a listing of all businesses | ||||||
26 | within the requesting municipality or county by account |
| |||||||
| |||||||
1 | identification number and address. On and after July 1, 2015, | ||||||
2 | the furnishing of financial information to municipalities and | ||||||
3 | counties under this paragraph may be by electronic means. If | ||||||
4 | the Department may furnish financial information to a | ||||||
5 | municipality or county under this paragraph, then the chief | ||||||
6 | executive officer of the municipality or county may, in turn, | ||||||
7 | provide that financial information to a third party pursuant | ||||||
8 | to the Local Government Revenue Recapture Act. However, the | ||||||
9 | third party shall agree in writing to the requirements of this | ||||||
10 | Section and meet the requirements of the Local Government | ||||||
11 | Revenue Recapture Act.
| ||||||
12 | Information so provided shall be subject to all | ||||||
13 | confidentiality provisions
of this Section. The written | ||||||
14 | agreement shall provide for reciprocity,
limitations on | ||||||
15 | access, disclosure, and procedures for requesting information. | ||||||
16 | For the purposes of furnishing financial information to a | ||||||
17 | municipality or county under this Section, "chief executive | ||||||
18 | officer" means the mayor of a city, the village board | ||||||
19 | president of a village, the mayor or president of an | ||||||
20 | incorporated town, the county executive of a county that has | ||||||
21 | adopted the county executive form of government, the president | ||||||
22 | of the board of commissioners of Cook County, or the | ||||||
23 | chairperson of the county board or board of county | ||||||
24 | commissioners of any other county.
| ||||||
25 | The Department may make available to the Board of Trustees | ||||||
26 | of any Metro
East Mass Transit District information contained |
| |||||||
| |||||||
1 | on transaction reporting
returns required to be filed under | ||||||
2 | Section 3 of this Act that report sales made
within the | ||||||
3 | boundary of the taxing authority of that Metro East Mass | ||||||
4 | Transit
District, as provided in Section 5.01 of the Local | ||||||
5 | Mass Transit District Act.
The disclosure shall be made | ||||||
6 | pursuant to a written agreement between the
Department and the | ||||||
7 | Board of Trustees of a Metro East Mass Transit District,
which | ||||||
8 | is an official purpose within the meaning of this Section. The | ||||||
9 | written
agreement between the Department and the Board of | ||||||
10 | Trustees of a Metro East
Mass Transit District shall provide | ||||||
11 | for reciprocity, limitations on access,
disclosure, and | ||||||
12 | procedures for requesting information. Information so provided
| ||||||
13 | shall be subject to all confidentiality provisions of this | ||||||
14 | Section.
| ||||||
15 | The Director may make available to any State agency, | ||||||
16 | including the
Illinois Supreme Court, which licenses persons | ||||||
17 | to engage in any occupation,
information that a person | ||||||
18 | licensed by such agency has failed to file
returns under this | ||||||
19 | Act or pay the tax, penalty and interest shown therein,
or has | ||||||
20 | failed to pay any final assessment of tax, penalty or interest | ||||||
21 | due
under this Act.
The Director may make available to any | ||||||
22 | State agency, including the Illinois
Supreme
Court, | ||||||
23 | information regarding whether a bidder, contractor, or an | ||||||
24 | affiliate of a
bidder or
contractor has failed to collect and | ||||||
25 | remit Illinois Use tax on sales into
Illinois, or any tax
under | ||||||
26 | this Act or pay the tax, penalty, and interest shown therein, |
| |||||||
| |||||||
1 | or has
failed to pay any
final assessment of tax, penalty, or | ||||||
2 | interest due under this Act, for the
limited purpose of
| ||||||
3 | enforcing bidder and contractor certifications. The Director | ||||||
4 | may make available
to units
of local government and school | ||||||
5 | districts that require bidder and contractor
certifications,
| ||||||
6 | as set forth in Sections 50-11 and 50-12 of the Illinois | ||||||
7 | Procurement Code,
information
regarding whether a bidder, | ||||||
8 | contractor, or an affiliate of a bidder or
contractor has | ||||||
9 | failed
to collect and remit Illinois Use tax on sales into | ||||||
10 | Illinois, file returns under
this Act, or
pay the tax, | ||||||
11 | penalty, and interest shown therein, or has failed to pay any | ||||||
12 | final
assessment
of tax, penalty, or interest due under this | ||||||
13 | Act, for the limited purpose of
enforcing bidder
and | ||||||
14 | contractor certifications. For purposes of this Section, the | ||||||
15 | term
"affiliate" means any
entity that (1) directly, | ||||||
16 | indirectly, or constructively controls another
entity,
(2) is | ||||||
17 | directly,
indirectly, or constructively controlled by another | ||||||
18 | entity, or (3) is subject
to
the control of
a common entity. | ||||||
19 | For purposes of this Section, an entity controls another
| ||||||
20 | entity
if it owns,
directly or individually, more than 10% of | ||||||
21 | the voting securities of that
entity.
As used in
this Section, | ||||||
22 | the term "voting security" means a security that (1) confers | ||||||
23 | upon
the holder
the right to vote for the election of members | ||||||
24 | of the board of directors or
similar governing
body of the | ||||||
25 | business or (2) is convertible into, or entitles the holder to
| ||||||
26 | receive upon its
exercise, a security that confers such a |
| |||||||
| |||||||
1 | right to vote. A general partnership
interest is a
voting | ||||||
2 | security.
| ||||||
3 | The Director may make available to any State agency, | ||||||
4 | including the
Illinois
Supreme Court, units of local | ||||||
5 | government, and school districts, information
regarding
| ||||||
6 | whether a bidder or contractor is an affiliate of a person who | ||||||
7 | is not
collecting
and
remitting Illinois Use taxes for the | ||||||
8 | limited purpose of enforcing bidder and
contractor
| ||||||
9 | certifications.
| ||||||
10 | The Director may also make available to the Secretary of | ||||||
11 | State
information that a limited liability company, which has | ||||||
12 | filed articles of
organization with the Secretary of State, or | ||||||
13 | corporation which has been
issued a certificate of | ||||||
14 | incorporation by the Secretary of State has failed to
file | ||||||
15 | returns under this Act or pay the tax, penalty and interest | ||||||
16 | shown therein,
or has failed to pay any final assessment of | ||||||
17 | tax, penalty or interest due under
this Act. An assessment is | ||||||
18 | final when all proceedings in court for review of
such | ||||||
19 | assessment have terminated or the time for the taking thereof | ||||||
20 | has expired
without such proceedings being instituted.
| ||||||
21 | The Director shall make available for public inspection in | ||||||
22 | the Department's
principal office and for publication, at | ||||||
23 | cost, administrative decisions issued
on or after January 1, | ||||||
24 | 1995. These decisions are to be made available in a
manner so | ||||||
25 | that the following taxpayer information is not disclosed:
| ||||||
26 | (1) The names, addresses, and identification numbers |
| |||||||
| |||||||
1 | of the taxpayer,
related entities, and employees.
| ||||||
2 | (2) At the sole discretion of the Director, trade | ||||||
3 | secrets
or other confidential information identified as | ||||||
4 | such by the taxpayer, no later
than 30 days after receipt | ||||||
5 | of an administrative decision, by such means as the
| ||||||
6 | Department shall provide by rule.
| ||||||
7 | The Director shall determine the appropriate extent of the | ||||||
8 | deletions allowed
in paragraph (2). In the event the taxpayer | ||||||
9 | does not submit deletions, the
Director shall make only the | ||||||
10 | deletions specified in paragraph (1).
| ||||||
11 | The Director shall make available for public inspection | ||||||
12 | and publication an
administrative decision within 180 days | ||||||
13 | after the issuance of the
administrative decision. The term | ||||||
14 | "administrative decision" has the same
meaning as defined in | ||||||
15 | Section 3-101 of Article III of the Code of Civil
Procedure. | ||||||
16 | Costs collected under this Section shall be paid into the Tax
| ||||||
17 | Compliance and Administration Fund.
| ||||||
18 | Nothing contained in this Act shall prevent the Director | ||||||
19 | from divulging
information to any person pursuant to a request | ||||||
20 | or authorization made by the
taxpayer or by an authorized | ||||||
21 | representative of the taxpayer.
| ||||||
22 | The furnishing of information obtained by the Department | ||||||
23 | from returns filed under Public Act 101-10 this amendatory Act | ||||||
24 | of the 101st General Assembly to the Department of | ||||||
25 | Transportation for purposes of compliance with Public Act | ||||||
26 | 101-10 this amendatory Act of the 101st General Assembly |
| |||||||
| |||||||
1 | regarding aviation fuel is deemed to be an official purpose | ||||||
2 | within the meaning of this Section. | ||||||
3 | (Source: P.A. 101-10, eff. 6-5-19; 101-628, eff. 6-1-20; | ||||||
4 | revised 8-4-20.)
| ||||||
5 | Section 245. The Property Tax Code is amended by changing | ||||||
6 | Sections 3-5, 18-185, and 18-246 and the heading of Division 6 | ||||||
7 | of Article 10 as follows:
| ||||||
8 | (35 ILCS 200/3-5)
| ||||||
9 | Sec. 3-5. Supervisor of assessments. In counties with less | ||||||
10 | than 3,000,000
inhabitants and in which no county assessor has | ||||||
11 | been elected under Section
3-45, there shall be a county | ||||||
12 | supervisor of assessments, either appointed as
provided in | ||||||
13 | this Section, or elected.
| ||||||
14 | In counties with less than 3,000,000 inhabitants and not | ||||||
15 | having an elected
county assessor or an elected supervisor of | ||||||
16 | assessments, the office of
supervisor of assessments shall be | ||||||
17 | filled by appointment by the presiding
officer of the county | ||||||
18 | board with the advice and consent of the county board.
| ||||||
19 | To be eligible for appointment or to be eligible to file | ||||||
20 | nomination
papers or participate as a candidate in any primary | ||||||
21 | or general election
for, or be elected to, the office of | ||||||
22 | supervisor of assessments, or to enter
upon the duties of the | ||||||
23 | office, a person must possess one of the following
| ||||||
24 | qualifications as certified by the Department to the county |
| |||||||
| |||||||
1 | clerk:
| ||||||
2 | (1) A currently active Certified Illinois Assessing | ||||||
3 | Officer designation from the Illinois
Property Assessment | ||||||
4 | Institute.
| ||||||
5 | (2) A currently active AAS, CAE, or MAS designation | ||||||
6 | from the International
Association of Assessing Officers.
| ||||||
7 | (3) A currently active MAI, SREA, SRPA, SRA, or RM | ||||||
8 | designation from the Appraisal Institute.
| ||||||
9 | (4) (blank).
| ||||||
10 | In addition, a person must have had at least 2 years' | ||||||
11 | experience in the field
of property sales, assessments, | ||||||
12 | finance or appraisals and must have passed an
examination | ||||||
13 | conducted by the Department to determine his or her competence | ||||||
14 | to
hold the office. The examination may be conducted by the | ||||||
15 | Department at a
convenient location in the county or region. | ||||||
16 | Notice of the time and place
shall be given by publication in a | ||||||
17 | newspaper of general circulation in the
counties, at least one | ||||||
18 | week prior to the exam. The Department shall certify to
the | ||||||
19 | county board a list of the names and scores of persons who pass | ||||||
20 | the
examination. The Department may provide by rule the | ||||||
21 | maximum time that the name
of a person who has passed the | ||||||
22 | examination will be included on a list of
persons eligible for | ||||||
23 | appointment or election. The term of office shall be 4
years | ||||||
24 | from the date of appointment and until a successor is | ||||||
25 | appointed and
qualified, or a successor is elected and | ||||||
26 | qualified under Section 3-52.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-150, eff. 7-26-19; 101-467, eff. 8-23-19; | ||||||
2 | revised 9-19-19.)
| ||||||
3 | (35 ILCS 200/Art. 10 Div. 6 heading) | ||||||
4 | Division 6. Farmland, open space,
| ||||||
5 | and forestry management plan .
| ||||||
6 | (35 ILCS 200/18-185)
| ||||||
7 | Sec. 18-185. Short title; definitions. This Division 5 | ||||||
8 | may be cited as the
Property Tax Extension Limitation Law. As | ||||||
9 | used in this Division 5:
| ||||||
10 | "Consumer Price Index" means the Consumer Price Index for | ||||||
11 | All Urban
Consumers for all items published by the United | ||||||
12 | States Department of Labor.
| ||||||
13 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
14 | percentage increase
in the Consumer Price Index during the | ||||||
15 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
16 | of increase approved by voters under Section 18-205.
| ||||||
17 | "Affected county" means a county of 3,000,000 or more | ||||||
18 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
19 | more inhabitants.
| ||||||
20 | "Taxing district" has the same meaning provided in Section | ||||||
21 | 1-150, except as
otherwise provided in this Section. For the | ||||||
22 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
23 | only each non-home rule taxing district having the
majority of | ||||||
24 | its
1990 equalized assessed value within any county or |
| |||||||
| |||||||
1 | counties contiguous to a
county with 3,000,000 or more | ||||||
2 | inhabitants. Beginning with the 1995 levy
year, "taxing | ||||||
3 | district" includes only each non-home rule taxing district
| ||||||
4 | subject to this Law before the 1995 levy year and each non-home | ||||||
5 | rule
taxing district not subject to this Law before the 1995 | ||||||
6 | levy year having the
majority of its 1994 equalized assessed | ||||||
7 | value in an affected county or
counties. Beginning with the | ||||||
8 | levy year in
which this Law becomes applicable to a taxing | ||||||
9 | district as
provided in Section 18-213, "taxing district" also | ||||||
10 | includes those taxing
districts made subject to this Law as | ||||||
11 | provided in Section 18-213.
| ||||||
12 | "Aggregate extension" for taxing districts to which this | ||||||
13 | Law applied before
the 1995 levy year means the annual | ||||||
14 | corporate extension for the taxing
district and those special | ||||||
15 | purpose extensions that are made annually for
the taxing | ||||||
16 | district, excluding special purpose extensions: (a) made for | ||||||
17 | the
taxing district to pay interest or principal on general | ||||||
18 | obligation bonds
that were approved by referendum; (b) made | ||||||
19 | for any taxing district to pay
interest or principal on | ||||||
20 | general obligation bonds issued before October 1,
1991; (c) | ||||||
21 | made for any taxing district to pay interest or principal on | ||||||
22 | bonds
issued to refund or continue to refund those bonds | ||||||
23 | issued before October 1,
1991; (d)
made for any taxing | ||||||
24 | district to pay interest or principal on bonds
issued to | ||||||
25 | refund or continue to refund bonds issued after October 1, | ||||||
26 | 1991 that
were approved by referendum; (e)
made for any taxing |
| |||||||
| |||||||
1 | district to pay interest
or principal on revenue bonds issued | ||||||
2 | before October 1, 1991 for payment of
which a property tax levy | ||||||
3 | or the full faith and credit of the unit of local
government is | ||||||
4 | pledged; however, a tax for the payment of interest or | ||||||
5 | principal
on those bonds shall be made only after the | ||||||
6 | governing body of the unit of local
government finds that all | ||||||
7 | other sources for payment are insufficient to make
those | ||||||
8 | payments; (f) made for payments under a building commission | ||||||
9 | lease when
the lease payments are for the retirement of bonds | ||||||
10 | issued by the commission
before October 1, 1991, to pay for the | ||||||
11 | building project; (g) made for payments
due under installment | ||||||
12 | contracts entered into before October 1, 1991;
(h) made for | ||||||
13 | payments of principal and interest on bonds issued under the
| ||||||
14 | Metropolitan Water Reclamation District Act to finance | ||||||
15 | construction projects
initiated before October 1, 1991; (i) | ||||||
16 | made for payments of principal and
interest on limited bonds, | ||||||
17 | as defined in Section 3 of the Local Government Debt
Reform | ||||||
18 | Act, in an amount not to exceed the debt service extension base | ||||||
19 | less
the amount in items (b), (c), (e), and (h) of this | ||||||
20 | definition for
non-referendum obligations, except obligations | ||||||
21 | initially issued pursuant to
referendum; (j) made for payments | ||||||
22 | of principal and interest on bonds
issued under Section 15 of | ||||||
23 | the Local Government Debt Reform Act; (k)
made
by a school | ||||||
24 | district that participates in the Special Education District | ||||||
25 | of
Lake County, created by special education joint agreement | ||||||
26 | under Section
10-22.31 of the School Code, for payment of the |
| |||||||
| |||||||
1 | school district's share of the
amounts required to be | ||||||
2 | contributed by the Special Education District of Lake
County | ||||||
3 | to the Illinois Municipal Retirement Fund under Article 7 of | ||||||
4 | the
Illinois Pension Code; the amount of any extension under | ||||||
5 | this item (k) shall be
certified by the school district to the | ||||||
6 | county clerk; (l) made to fund
expenses of providing joint | ||||||
7 | recreational programs for persons with disabilities under
| ||||||
8 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
9 | the Illinois Municipal Code; (m) made for temporary relocation | ||||||
10 | loan repayment purposes pursuant to Sections 2-3.77 and | ||||||
11 | 17-2.2d of the School Code; (n) made for payment of principal | ||||||
12 | and interest on any bonds issued under the authority of | ||||||
13 | Section 17-2.2d of the School Code; (o) made for contributions | ||||||
14 | to a firefighter's pension fund created under Article 4 of the | ||||||
15 | Illinois Pension Code, to the extent of the amount certified | ||||||
16 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
17 | and (p) made for road purposes in the first year after a | ||||||
18 | township assumes the rights, powers, duties, assets, property, | ||||||
19 | liabilities, obligations, and
responsibilities of a road | ||||||
20 | district abolished under the provisions of Section 6-133 of | ||||||
21 | the Illinois Highway Code.
| ||||||
22 | "Aggregate extension" for the taxing districts to which | ||||||
23 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
24 | districts subject to this Law
in
accordance with Section | ||||||
25 | 18-213) means the annual corporate extension for the
taxing | ||||||
26 | district and those special purpose extensions that are made |
| |||||||
| |||||||
1 | annually for
the taxing district, excluding special purpose | ||||||
2 | extensions: (a) made for the
taxing district to pay interest | ||||||
3 | or principal on general obligation bonds that
were approved by | ||||||
4 | referendum; (b) made for any taxing district to pay interest
| ||||||
5 | or principal on general obligation bonds issued before March | ||||||
6 | 1, 1995; (c) made
for any taxing district to pay interest or | ||||||
7 | principal on bonds issued to refund
or continue to refund | ||||||
8 | those bonds issued before March 1, 1995; (d) made for any
| ||||||
9 | taxing district to pay interest or principal on bonds issued | ||||||
10 | to refund or
continue to refund bonds issued after March 1, | ||||||
11 | 1995 that were approved by
referendum; (e) made for any taxing | ||||||
12 | district to pay interest or principal on
revenue bonds issued | ||||||
13 | before March 1, 1995 for payment of which a property tax
levy | ||||||
14 | or the full faith and credit of the unit of local government is | ||||||
15 | pledged;
however, a tax for the payment of interest or | ||||||
16 | principal on those bonds shall be
made only after the | ||||||
17 | governing body of the unit of local government finds that
all | ||||||
18 | other sources for payment are insufficient to make those | ||||||
19 | payments; (f) made
for payments under a building commission | ||||||
20 | lease when the lease payments are for
the retirement of bonds | ||||||
21 | issued by the commission before March 1, 1995 to
pay for the | ||||||
22 | building project; (g) made for payments due under installment
| ||||||
23 | contracts entered into before March 1, 1995; (h) made for | ||||||
24 | payments of
principal and interest on bonds issued under the | ||||||
25 | Metropolitan Water Reclamation
District Act to finance | ||||||
26 | construction projects initiated before October 1,
1991; (h-4) |
| |||||||
| |||||||
1 | made for stormwater management purposes by the Metropolitan | ||||||
2 | Water Reclamation District of Greater Chicago under Section 12 | ||||||
3 | of the Metropolitan Water Reclamation District Act; (i) made | ||||||
4 | for payments of principal and interest on limited bonds,
as | ||||||
5 | defined in Section 3 of the Local Government Debt Reform Act, | ||||||
6 | in an amount
not to exceed the debt service extension base less | ||||||
7 | the amount in items (b),
(c), and (e) of this definition for | ||||||
8 | non-referendum obligations, except
obligations initially | ||||||
9 | issued pursuant to referendum and bonds described in
| ||||||
10 | subsection (h) of this definition; (j) made for payments of
| ||||||
11 | principal and interest on bonds issued under Section 15 of the | ||||||
12 | Local Government
Debt Reform Act; (k) made for payments of | ||||||
13 | principal and interest on bonds
authorized by Public Act | ||||||
14 | 88-503 and issued under Section 20a of the Chicago
Park | ||||||
15 | District Act for aquarium or
museum projects; (l) made for | ||||||
16 | payments of principal and interest on
bonds
authorized by | ||||||
17 | Public Act 87-1191 or 93-601 and (i) issued pursuant to | ||||||
18 | Section 21.2 of the Cook County Forest
Preserve District Act, | ||||||
19 | (ii) issued under Section 42 of the Cook County
Forest | ||||||
20 | Preserve District Act for zoological park projects, or (iii) | ||||||
21 | issued
under Section 44.1 of the Cook County Forest Preserve | ||||||
22 | District Act for
botanical gardens projects; (m) made
pursuant
| ||||||
23 | to Section 34-53.5 of the School Code, whether levied annually | ||||||
24 | or not;
(n) made to fund expenses of providing joint | ||||||
25 | recreational programs for persons with disabilities under | ||||||
26 | Section 5-8 of the Park
District Code or Section 11-95-14 of |
| |||||||
| |||||||
1 | the Illinois Municipal Code;
(o) made by the
Chicago Park
| ||||||
2 | District for recreational programs for persons with | ||||||
3 | disabilities under subsection (c) of
Section
7.06 of the | ||||||
4 | Chicago Park District Act; (p) made for contributions to a | ||||||
5 | firefighter's pension fund created under Article 4 of the | ||||||
6 | Illinois Pension Code, to the extent of the amount certified | ||||||
7 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
8 | (q) made by Ford Heights School District 169 under Section | ||||||
9 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
10 | making employer contributions to the Public School Teachers' | ||||||
11 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
12 | the School Code.
| ||||||
13 | "Aggregate extension" for all taxing districts to which | ||||||
14 | this Law applies in
accordance with Section 18-213, except for | ||||||
15 | those taxing districts subject to
paragraph (2) of subsection | ||||||
16 | (e) of Section 18-213, means the annual corporate
extension | ||||||
17 | for the
taxing district and those special purpose extensions | ||||||
18 | that are made annually for
the taxing district, excluding | ||||||
19 | special purpose extensions: (a) made for the
taxing district | ||||||
20 | to pay interest or principal on general obligation bonds that
| ||||||
21 | were approved by referendum; (b) made for any taxing district | ||||||
22 | to pay interest
or principal on general obligation bonds | ||||||
23 | issued before the date on which the
referendum making this
Law | ||||||
24 | applicable to the taxing district is held; (c) made
for any | ||||||
25 | taxing district to pay interest or principal on bonds issued | ||||||
26 | to refund
or continue to refund those bonds issued before the |
| |||||||
| |||||||
1 | date on which the
referendum making this Law
applicable to the | ||||||
2 | taxing district is held;
(d) made for any
taxing district to | ||||||
3 | pay interest or principal on bonds issued to refund or
| ||||||
4 | continue to refund bonds issued after the date on which the | ||||||
5 | referendum making
this Law
applicable to the taxing district | ||||||
6 | is held if the bonds were approved by
referendum after the date | ||||||
7 | on which the referendum making this Law
applicable to the | ||||||
8 | taxing district is held; (e) made for any
taxing district to | ||||||
9 | pay interest or principal on
revenue bonds issued before the | ||||||
10 | date on which the referendum making this Law
applicable to the
| ||||||
11 | taxing district is held for payment of which a property tax
| ||||||
12 | levy or the full faith and credit of the unit of local | ||||||
13 | government is pledged;
however, a tax for the payment of | ||||||
14 | interest or principal on those bonds shall be
made only after | ||||||
15 | the governing body of the unit of local government finds that
| ||||||
16 | all other sources for payment are insufficient to make those | ||||||
17 | payments; (f) made
for payments under a building commission | ||||||
18 | lease when the lease payments are for
the retirement of bonds | ||||||
19 | issued by the commission before the date on which the
| ||||||
20 | referendum making this
Law applicable to the taxing district | ||||||
21 | is held to
pay for the building project; (g) made for payments | ||||||
22 | due under installment
contracts entered into before the date | ||||||
23 | on which the referendum making this Law
applicable to
the | ||||||
24 | taxing district is held;
(h) made for payments
of principal | ||||||
25 | and interest on limited bonds,
as defined in Section 3 of the | ||||||
26 | Local Government Debt Reform Act, in an amount
not to exceed |
| |||||||
| |||||||
1 | the debt service extension base less the amount in items (b),
| ||||||
2 | (c), and (e) of this definition for non-referendum | ||||||
3 | obligations, except
obligations initially issued pursuant to | ||||||
4 | referendum; (i) made for payments
of
principal and interest on | ||||||
5 | bonds issued under Section 15 of the Local Government
Debt | ||||||
6 | Reform Act;
(j)
made for a qualified airport authority to pay | ||||||
7 | interest or principal on
general obligation bonds issued for | ||||||
8 | the purpose of paying obligations due
under, or financing | ||||||
9 | airport facilities required to be acquired, constructed,
| ||||||
10 | installed or equipped pursuant to, contracts entered into | ||||||
11 | before March
1, 1996 (but not including any amendments to such | ||||||
12 | a contract taking effect on
or after that date); (k) made to | ||||||
13 | fund expenses of providing joint
recreational programs for | ||||||
14 | persons with disabilities under Section 5-8 of
the
Park | ||||||
15 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
16 | Code; (l) made for contributions to a firefighter's pension | ||||||
17 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
18 | the extent of the amount certified under item (5) of Section | ||||||
19 | 4-134 of the Illinois Pension Code; and (m) made for the taxing | ||||||
20 | district to pay interest or principal on general obligation | ||||||
21 | bonds issued pursuant to Section 19-3.10 of the School Code.
| ||||||
22 | "Aggregate extension" for all taxing districts to which | ||||||
23 | this Law applies in
accordance with paragraph (2) of | ||||||
24 | subsection (e) of Section 18-213 means the
annual corporate | ||||||
25 | extension for the
taxing district and those special purpose | ||||||
26 | extensions that are made annually for
the taxing district, |
| |||||||
| |||||||
1 | excluding special purpose extensions: (a) made for the
taxing | ||||||
2 | district to pay interest or principal on general obligation | ||||||
3 | bonds that
were approved by referendum; (b) made for any | ||||||
4 | taxing district to pay interest
or principal on general | ||||||
5 | obligation bonds issued before March 7, 1997 ( the effective | ||||||
6 | date of Public Act 89-718)
this amendatory Act of 1997 ;
(c) | ||||||
7 | made
for any taxing district to pay interest or principal on | ||||||
8 | bonds issued to refund
or continue to refund those bonds | ||||||
9 | issued before March 7, 1997 ( the effective date
of Public Act | ||||||
10 | 89-718) this amendatory Act of 1997 ;
(d) made for any
taxing | ||||||
11 | district to pay interest or principal on bonds issued to | ||||||
12 | refund or
continue to refund bonds issued after March 7, 1997 | ||||||
13 | ( the effective date of Public Act 89-718) this amendatory Act
| ||||||
14 | of 1997 if the bonds were approved by referendum after March 7, | ||||||
15 | 1997 ( the effective date of Public Act 89-718)
this amendatory | ||||||
16 | Act of 1997 ;
(e) made for any
taxing district to pay interest | ||||||
17 | or principal on
revenue bonds issued before March 7, 1997 ( the | ||||||
18 | effective date of Public Act 89-718) this amendatory Act of | ||||||
19 | 1997
for payment of which a property tax
levy or the full faith | ||||||
20 | and credit of the unit of local government is pledged;
| ||||||
21 | however, a tax for the payment of interest or principal on | ||||||
22 | those bonds shall be
made only after the governing body of the | ||||||
23 | unit of local government finds that
all other sources for | ||||||
24 | payment are insufficient to make those payments; (f) made
for | ||||||
25 | payments under a building commission lease when the lease | ||||||
26 | payments are for
the retirement of bonds issued by the |
| |||||||
| |||||||
1 | commission before March 7, 1997 ( the effective date
of Public | ||||||
2 | Act 89-718) this amendatory Act of 1997
to
pay for the building | ||||||
3 | project; (g) made for payments due under installment
contracts | ||||||
4 | entered into before March 7, 1997 ( the effective date of | ||||||
5 | Public Act 89-718) this amendatory Act of
1997 ;
(h) made for | ||||||
6 | payments
of principal and interest on limited bonds,
as | ||||||
7 | defined in Section 3 of the Local Government Debt Reform Act, | ||||||
8 | in an amount
not to exceed the debt service extension base less | ||||||
9 | the amount in items (b),
(c), and (e) of this definition for | ||||||
10 | non-referendum obligations, except
obligations initially | ||||||
11 | issued pursuant to referendum; (i) made for payments
of
| ||||||
12 | principal and interest on bonds issued under Section 15 of the | ||||||
13 | Local Government
Debt Reform Act;
(j)
made for a qualified | ||||||
14 | airport authority to pay interest or principal on
general | ||||||
15 | obligation bonds issued for the purpose of paying obligations | ||||||
16 | due
under, or financing airport facilities required to be | ||||||
17 | acquired, constructed,
installed or equipped pursuant to, | ||||||
18 | contracts entered into before March
1, 1996 (but not including | ||||||
19 | any amendments to such a contract taking effect on
or after | ||||||
20 | that date); (k) made to fund expenses of providing joint
| ||||||
21 | recreational programs for persons with disabilities under | ||||||
22 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
23 | the Illinois Municipal Code; and (l) made for contributions to | ||||||
24 | a firefighter's pension fund created under Article 4 of the | ||||||
25 | Illinois Pension Code, to the extent of the amount certified | ||||||
26 | under item (5) of Section 4-134 of the Illinois Pension Code.
|
| |||||||
| |||||||
1 | "Debt service extension base" means an amount equal to | ||||||
2 | that portion of the
extension for a taxing district for the | ||||||
3 | 1994 levy year, or for those taxing
districts subject to this | ||||||
4 | Law in accordance with Section 18-213, except for
those | ||||||
5 | subject to paragraph (2) of subsection (e) of Section 18-213, | ||||||
6 | for the
levy
year in which the referendum making this Law | ||||||
7 | applicable to the taxing district
is held, or for those taxing | ||||||
8 | districts subject to this Law in accordance with
paragraph (2) | ||||||
9 | of subsection (e) of Section 18-213 for the 1996 levy year,
| ||||||
10 | constituting an
extension for payment of principal and | ||||||
11 | interest on bonds issued by the taxing
district without | ||||||
12 | referendum, but not including excluded non-referendum bonds. | ||||||
13 | For park districts (i) that were first
subject to this Law in | ||||||
14 | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | ||||||
15 | for the payment of principal and interest on bonds issued by | ||||||
16 | the park
district without referendum (but not including | ||||||
17 | excluded non-referendum bonds)
was less than 51% of the amount | ||||||
18 | for the 1991 levy year constituting an
extension for payment | ||||||
19 | of principal and interest on bonds issued by the park
district | ||||||
20 | without referendum (but not including excluded non-referendum | ||||||
21 | bonds),
"debt service extension base" means an amount equal to | ||||||
22 | that portion of the
extension for the 1991 levy year | ||||||
23 | constituting an extension for payment of
principal and | ||||||
24 | interest on bonds issued by the park district without | ||||||
25 | referendum
(but not including excluded non-referendum bonds). | ||||||
26 | A debt service extension base established or increased at any |
| |||||||
| |||||||
1 | time pursuant to any provision of this Law, except Section | ||||||
2 | 18-212, shall be increased each year commencing with the later | ||||||
3 | of (i) the 2009 levy year or (ii) the first levy year in which | ||||||
4 | this Law becomes applicable to the taxing district, by the | ||||||
5 | lesser of 5% or the percentage increase in the Consumer Price | ||||||
6 | Index during the 12-month calendar year preceding the levy | ||||||
7 | year. The debt service extension
base may be established or | ||||||
8 | increased as provided under Section 18-212.
"Excluded | ||||||
9 | non-referendum bonds" means (i) bonds authorized by Public
Act | ||||||
10 | 88-503 and issued under Section 20a of the Chicago Park | ||||||
11 | District Act for
aquarium and museum projects; (ii) bonds | ||||||
12 | issued under Section 15 of the
Local Government Debt Reform | ||||||
13 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
14 | continue to refund obligations initially issued pursuant to
| ||||||
15 | referendum.
| ||||||
16 | "Special purpose extensions" include, but are not limited | ||||||
17 | to, extensions
for levies made on an annual basis for | ||||||
18 | unemployment and workers'
compensation, self-insurance, | ||||||
19 | contributions to pension plans, and extensions
made pursuant | ||||||
20 | to Section 6-601 of the Illinois Highway Code for a road
| ||||||
21 | district's permanent road fund whether levied annually or not. | ||||||
22 | The
extension for a special service area is not included in the
| ||||||
23 | aggregate extension.
| ||||||
24 | "Aggregate extension base" means the taxing district's | ||||||
25 | last preceding
aggregate extension as adjusted under Sections | ||||||
26 | 18-135, 18-215,
18-230, and 18-206.
An adjustment under |
| |||||||
| |||||||
1 | Section 18-135 shall be made for the 2007 levy year and all | ||||||
2 | subsequent levy years whenever one or more counties within | ||||||
3 | which a taxing district is located (i) used estimated | ||||||
4 | valuations or rates when extending taxes in the taxing | ||||||
5 | district for the last preceding levy year that resulted in the | ||||||
6 | over or under extension of taxes, or (ii) increased or | ||||||
7 | decreased the tax extension for the last preceding levy year | ||||||
8 | as required by Section 18-135(c). Whenever an adjustment is | ||||||
9 | required under Section 18-135, the aggregate extension base of | ||||||
10 | the taxing district shall be equal to the amount that the | ||||||
11 | aggregate extension of the taxing district would have been for | ||||||
12 | the last preceding levy year if either or both (i) actual, | ||||||
13 | rather than estimated, valuations or rates had been used to | ||||||
14 | calculate the extension of taxes for the last levy year, or | ||||||
15 | (ii) the tax extension for the last preceding levy year had not | ||||||
16 | been adjusted as required by subsection (c) of Section 18-135.
| ||||||
17 | Notwithstanding any other provision of law, for levy year | ||||||
18 | 2012, the aggregate extension base for West Northfield School | ||||||
19 | District No. 31 in Cook County shall be $12,654,592. | ||||||
20 | "Levy year" has the same meaning as "year" under Section
| ||||||
21 | 1-155.
| ||||||
22 | "New property" means (i) the assessed value, after final | ||||||
23 | board of review or
board of appeals action, of new | ||||||
24 | improvements or additions to existing
improvements on any | ||||||
25 | parcel of real property that increase the assessed value of
| ||||||
26 | that real property during the levy year multiplied by the |
| |||||||
| |||||||
1 | equalization factor
issued by the Department under Section | ||||||
2 | 17-30, (ii) the assessed value, after
final board of review or | ||||||
3 | board of appeals action, of real property not exempt
from real | ||||||
4 | estate taxation, which real property was exempt from real | ||||||
5 | estate
taxation for any portion of the immediately preceding | ||||||
6 | levy year, multiplied by
the equalization factor issued by the | ||||||
7 | Department under Section 17-30, including the assessed value, | ||||||
8 | upon final stabilization of occupancy after new construction | ||||||
9 | is complete, of any real property located within the | ||||||
10 | boundaries of an otherwise or previously exempt military | ||||||
11 | reservation that is intended for residential use and owned by | ||||||
12 | or leased to a private corporation or other entity,
(iii) in | ||||||
13 | counties that classify in accordance with Section 4 of Article
| ||||||
14 | IX of the
Illinois Constitution, an incentive property's | ||||||
15 | additional assessed value
resulting from a
scheduled increase | ||||||
16 | in the level of assessment as applied to the first year
final | ||||||
17 | board of
review market value, and (iv) any increase in | ||||||
18 | assessed value due to oil or gas production from an oil or gas | ||||||
19 | well required to be permitted under the Hydraulic Fracturing | ||||||
20 | Regulatory Act that was not produced in or accounted for | ||||||
21 | during the previous levy year.
In addition, the county clerk | ||||||
22 | in a county containing a population of
3,000,000 or more shall | ||||||
23 | include in the 1997
recovered tax increment value for any | ||||||
24 | school district, any recovered tax
increment value that was | ||||||
25 | applicable to the 1995 tax year calculations.
| ||||||
26 | "Qualified airport authority" means an airport authority |
| |||||||
| |||||||
1 | organized under
the Airport Authorities Act and located in a | ||||||
2 | county bordering on the State of
Wisconsin and having a | ||||||
3 | population in excess of 200,000 and not greater than
500,000.
| ||||||
4 | "Recovered tax increment value" means, except as otherwise | ||||||
5 | provided in this
paragraph, the amount of the current year's | ||||||
6 | equalized assessed value, in the
first year after a | ||||||
7 | municipality terminates
the designation of an area as a | ||||||
8 | redevelopment project area previously
established under the | ||||||
9 | Tax Increment Allocation Redevelopment Development Act in the | ||||||
10 | Illinois
Municipal Code, previously established under the | ||||||
11 | Industrial Jobs Recovery Law
in the Illinois Municipal Code, | ||||||
12 | previously established under the Economic Development Project | ||||||
13 | Area Tax Increment Act of 1995, or previously established | ||||||
14 | under the Economic
Development Area Tax Increment Allocation | ||||||
15 | Act, of each taxable lot, block,
tract, or parcel of real | ||||||
16 | property in the redevelopment project area over and
above the | ||||||
17 | initial equalized assessed value of each property in the
| ||||||
18 | redevelopment project area.
For the taxes which are extended | ||||||
19 | for the 1997 levy year, the recovered tax
increment value for a | ||||||
20 | non-home rule taxing district that first became subject
to | ||||||
21 | this Law for the 1995 levy year because a majority of its 1994 | ||||||
22 | equalized
assessed value was in an affected county or counties | ||||||
23 | shall be increased if a
municipality terminated the | ||||||
24 | designation of an area in 1993 as a redevelopment
project area | ||||||
25 | previously established under the Tax Increment Allocation | ||||||
26 | Redevelopment
Development Act in the Illinois Municipal Code, |
| |||||||
| |||||||
1 | previously established under
the Industrial Jobs Recovery Law | ||||||
2 | in the Illinois Municipal Code, or previously
established | ||||||
3 | under the Economic Development Area Tax Increment Allocation | ||||||
4 | Act,
by an amount equal to the 1994 equalized assessed value of | ||||||
5 | each taxable lot,
block, tract, or parcel of real property in | ||||||
6 | the redevelopment project area over
and above the initial | ||||||
7 | equalized assessed value of each property in the
redevelopment | ||||||
8 | project area.
In the first year after a municipality
removes a | ||||||
9 | taxable lot, block, tract, or parcel of real property from a
| ||||||
10 | redevelopment project area established under the Tax Increment | ||||||
11 | Allocation Redevelopment
Development Act in the Illinois
| ||||||
12 | Municipal Code, the Industrial Jobs Recovery Law
in the | ||||||
13 | Illinois Municipal Code, or the Economic
Development Area Tax | ||||||
14 | Increment Allocation Act, "recovered tax increment value"
| ||||||
15 | means the amount of the current year's equalized assessed | ||||||
16 | value of each taxable
lot, block, tract, or parcel of real | ||||||
17 | property removed from the redevelopment
project area over and | ||||||
18 | above the initial equalized assessed value of that real
| ||||||
19 | property before removal from the redevelopment project area.
| ||||||
20 | Except as otherwise provided in this Section, "limiting | ||||||
21 | rate" means a
fraction the numerator of which is the last
| ||||||
22 | preceding aggregate extension base times an amount equal to | ||||||
23 | one plus the
extension limitation defined in this Section and | ||||||
24 | the denominator of which
is the current year's equalized | ||||||
25 | assessed value of all real property in the
territory under the | ||||||
26 | jurisdiction of the taxing district during the prior
levy |
| |||||||
| |||||||
1 | year. For those taxing districts that reduced their aggregate
| ||||||
2 | extension for the last preceding levy year, except for school | ||||||
3 | districts that reduced their extension for educational | ||||||
4 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
5 | extension
in any of the last 3 preceding levy years shall be | ||||||
6 | used for the purpose of
computing the limiting rate. The | ||||||
7 | denominator shall not include new
property or the recovered | ||||||
8 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
9 | limiting rate increase has been approved at an election held | ||||||
10 | after March 21, 2006, then (i) the otherwise applicable | ||||||
11 | limiting rate shall be increased by the amount of the new rate | ||||||
12 | or shall be reduced by the amount of the rate decrease, as the | ||||||
13 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
14 | the limiting rate shall be equal to the rate set forth
in the | ||||||
15 | proposition approved by the voters for each of the years | ||||||
16 | specified in the proposition, after
which the limiting rate of | ||||||
17 | the taxing district shall be calculated as otherwise provided. | ||||||
18 | In the case of a taxing district that obtained referendum | ||||||
19 | approval for an increased limiting rate on March 20, 2012, the | ||||||
20 | limiting rate for tax year 2012 shall be the rate that | ||||||
21 | generates the approximate total amount of taxes extendable for | ||||||
22 | that tax year, as set forth in the proposition approved by the | ||||||
23 | voters; this rate shall be the final rate applied by the county | ||||||
24 | clerk for the aggregate of all capped funds of the district for | ||||||
25 | tax year 2012.
| ||||||
26 | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; |
| |||||||
| |||||||
1 | 100-465, eff. 8-31-17; revised 8-12-19.)
| ||||||
2 | (35 ILCS 200/18-246)
| ||||||
3 | Sec. 18-246. Short title; definitions. This Division 5.1 | ||||||
4 | may be cited as the One-year Property Tax
Extension Limitation | ||||||
5 | Law.
| ||||||
6 | As used in this Division 5.1:
| ||||||
7 | "Taxing district" has the same meaning provided in Section | ||||||
8 | 1-150, except that
it includes only each non-home rule taxing | ||||||
9 | district with the majority of its
1993 equalized assessed | ||||||
10 | value contained in one or more affected counties, as
defined | ||||||
11 | in Section 18-185, other than those taxing districts subject | ||||||
12 | to the
Property Tax Extension Limitation Law before February | ||||||
13 | 12, 1995 ( the effective date of Public Act 89-1) this
| ||||||
14 | amendatory Act of 1995 .
| ||||||
15 | "Aggregate extension" means the annual corporate extension | ||||||
16 | for the taxing
district and those special purpose extensions | ||||||
17 | that are made annually for the
taxing district, excluding | ||||||
18 | special purpose extensions: (a) made for the taxing
district | ||||||
19 | to pay interest or principal on general obligation bonds that | ||||||
20 | were
approved by referendum; (b) made for any taxing district | ||||||
21 | to pay interest or
principal on general obligation bonds | ||||||
22 | issued before March 1, 1995; (c) made for
any taxing district | ||||||
23 | to pay interest or principal on bonds issued to refund or
| ||||||
24 | continue to refund those bonds issued before March 1, 1995; | ||||||
25 | (d) made for any
taxing district to pay interest or principal |
| |||||||
| |||||||
1 | on bonds issued to refund or
continue to refund bonds issued | ||||||
2 | after March 1, 1995 that were approved by
referendum; (e) made | ||||||
3 | for any taxing district to pay interest or principal on
| ||||||
4 | revenue bonds issued before March 1, 1995 for payment of which | ||||||
5 | a property tax
levy or the full faith and
credit of the unit of | ||||||
6 | local government is pledged; however, a tax for the
payment of | ||||||
7 | interest or principal on those bonds shall be made only after | ||||||
8 | the
governing body of the unit of local government finds that | ||||||
9 | all other sources for
payment are insufficient to make those | ||||||
10 | payments; (f) made for payments under a
building commission | ||||||
11 | lease when the lease payments are for the retirement of
bonds | ||||||
12 | issued by the commission before March 1, 1995, to pay
for the | ||||||
13 | building project; (g) made for payments due under installment | ||||||
14 | contracts
entered into before March 1, 1995; and (h) made for | ||||||
15 | payments
of principal and interest on bonds issued under the | ||||||
16 | Metropolitan Water
Reclamation District Act to finance | ||||||
17 | construction projects initiated before
October 1, 1991.
| ||||||
18 | "Special purpose extensions" includes, but is not limited | ||||||
19 | to, extensions for
levies made on an annual basis for | ||||||
20 | unemployment compensation, workers'
compensation, | ||||||
21 | self-insurance, contributions to pension plans, and extensions
| ||||||
22 | made under Section 6-601 of the Illinois Highway Code for a | ||||||
23 | road district's
permanent road fund, whether levied annually | ||||||
24 | or not. The extension for a
special service area is not | ||||||
25 | included in the aggregate extension.
| ||||||
26 | "Aggregate extension base" means the taxing district's |
| |||||||
| |||||||
1 | aggregate extension
for the 1993 levy year as adjusted under | ||||||
2 | Section 18-248.
| ||||||
3 | "Levy year" has the same meaning as "year" under Section | ||||||
4 | 1-155.
| ||||||
5 | "New property" means (i) the assessed value, after final | ||||||
6 | board of review
or board of appeals action, of new | ||||||
7 | improvements or additions to existing
improvements on any | ||||||
8 | parcel of real property that increase the assessed value of
| ||||||
9 | that real property during the levy year multiplied by the | ||||||
10 | equalization factor
issued by the Department under Section | ||||||
11 | 17-30 and (ii) the assessed value, after
final board of review | ||||||
12 | or
board of appeals action, of real property not exempt from | ||||||
13 | real estate taxation,
which real property was exempt from real | ||||||
14 | estate taxation for any portion of the
immediately preceding | ||||||
15 | levy year, multiplied by the equalization factor issued
by the | ||||||
16 | Department under Section 17-30.
| ||||||
17 | "Recovered tax increment value" means the amount of the | ||||||
18 | 1994 equalized
assessed value, in the first year after a city | ||||||
19 | terminates the designation of
an area as a redevelopment | ||||||
20 | project area previously established under the Tax
Increment | ||||||
21 | Allocation Redevelopment Development Act of the Illinois | ||||||
22 | Municipal Code
or previously established under the Industrial | ||||||
23 | Jobs Recovery
Law of the Illinois Municipal Code, or | ||||||
24 | previously established under the
Economic Development Area Tax | ||||||
25 | Increment Allocation Act, of each
taxable lot, block, tract, | ||||||
26 | or parcel of real property in the redevelopment
project area |
| |||||||
| |||||||
1 | over and above the initial equalized assessed value of each
| ||||||
2 | property in the redevelopment project area.
| ||||||
3 | Except as otherwise provided in this Section, "limiting | ||||||
4 | rate" means a
fraction the numerator of which is the aggregate | ||||||
5 | extension base times 1.05
and the denominator of which is the | ||||||
6 | 1994 equalized assessed value of all real
property in the | ||||||
7 | territory under the jurisdiction of the taxing district during
| ||||||
8 | the 1993 levy year. The denominator shall not include new | ||||||
9 | property and shall
not include the recovered tax increment | ||||||
10 | value.
| ||||||
11 | (Source: P.A. 91-357, eff. 7-29-99; revised 8-20-19.)
| ||||||
12 | Section 250. The Motor Fuel Tax Law is amended by changing | ||||||
13 | Section 8 as follows:
| ||||||
14 | (35 ILCS 505/8) (from Ch. 120, par. 424)
| ||||||
15 | Sec. 8. Except as provided in subsection (a-1) of this | ||||||
16 | Section, Section 8a, subdivision
(h)(1) of Section 12a, | ||||||
17 | Section 13a.6, and items
13, 14, 15, and 16 of Section 15, all | ||||||
18 | money received by the Department under
this Act, including | ||||||
19 | payments made to the Department by
member jurisdictions | ||||||
20 | participating in the International Fuel Tax Agreement,
shall | ||||||
21 | be deposited in a special fund in the State treasury, to be | ||||||
22 | known as the
"Motor Fuel Tax Fund", and shall be used as | ||||||
23 | follows:
| ||||||
24 | (a) 2 1/2 cents per gallon of the tax collected on special |
| |||||||
| |||||||
1 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
2 | Act shall be transferred
to the State Construction Account | ||||||
3 | Fund in the State Treasury; the remainder of the tax collected | ||||||
4 | on special fuel under
paragraph (b) of Section 2 and Section | ||||||
5 | 13a of this Act shall be deposited into the Road Fund;
| ||||||
6 | (a-1) Beginning on July 1, 2019, an amount equal to the | ||||||
7 | amount of tax collected under subsection (a) of Section 2 as a | ||||||
8 | result of the increase in the tax rate under Public Act 101-32 | ||||||
9 | this amendatory Act of the 101st General Assembly shall be | ||||||
10 | transferred each month into the Transportation Renewal Fund ; . | ||||||
11 | (b) $420,000 shall be transferred each month to the State | ||||||
12 | Boating Act
Fund to be used by the Department of Natural | ||||||
13 | Resources for the purposes
specified in Article X of the Boat | ||||||
14 | Registration and Safety Act;
| ||||||
15 | (c) $3,500,000 shall be transferred each month to the | ||||||
16 | Grade Crossing
Protection Fund to be used as follows: not less | ||||||
17 | than $12,000,000 each fiscal
year shall be used for the | ||||||
18 | construction or reconstruction of rail highway grade
| ||||||
19 | separation structures; $2,250,000 in fiscal years 2004 through | ||||||
20 | 2009 and $3,000,000 in fiscal year 2010 and each fiscal
year
| ||||||
21 | thereafter shall be transferred to the Transportation
| ||||||
22 | Regulatory Fund and shall be accounted for as part of the rail | ||||||
23 | carrier
portion of such funds and shall be used to pay the cost | ||||||
24 | of administration
of the Illinois Commerce Commission's | ||||||
25 | railroad safety program in connection
with its duties under | ||||||
26 | subsection (3) of Section 18c-7401 of the Illinois
Vehicle |
| |||||||
| |||||||
1 | Code, with the remainder to be used by the Department of | ||||||
2 | Transportation
upon order of the Illinois Commerce Commission, | ||||||
3 | to pay that part of the
cost apportioned by such Commission to | ||||||
4 | the State to cover the interest
of the public in the use of | ||||||
5 | highways, roads, streets, or
pedestrian walkways in the
county | ||||||
6 | highway system, township and district road system, or | ||||||
7 | municipal
street system as defined in the Illinois Highway | ||||||
8 | Code, as the same may
from time to time be amended, for | ||||||
9 | separation of grades, for installation,
construction or | ||||||
10 | reconstruction of crossing protection or reconstruction,
| ||||||
11 | alteration, relocation including construction or improvement | ||||||
12 | of any
existing highway necessary for access to property or | ||||||
13 | improvement of any
grade crossing and grade crossing surface | ||||||
14 | including the necessary highway approaches thereto of any
| ||||||
15 | railroad across the highway or public road, or for the | ||||||
16 | installation,
construction, reconstruction, or maintenance of | ||||||
17 | a pedestrian walkway over or
under a railroad right-of-way, as | ||||||
18 | provided for in and in
accordance with Section 18c-7401 of the | ||||||
19 | Illinois Vehicle Code.
The Commission may order up to | ||||||
20 | $2,000,000 per year in Grade Crossing Protection Fund moneys | ||||||
21 | for the improvement of grade crossing surfaces and up to | ||||||
22 | $300,000 per year for the maintenance and renewal of | ||||||
23 | 4-quadrant gate vehicle detection systems located at non-high | ||||||
24 | speed rail grade crossings. The Commission shall not order | ||||||
25 | more than $2,000,000 per year in Grade
Crossing Protection | ||||||
26 | Fund moneys for pedestrian walkways.
In entering orders for |
| |||||||
| |||||||
1 | projects for which payments from the Grade Crossing
Protection | ||||||
2 | Fund will be made, the Commission shall account for | ||||||
3 | expenditures
authorized by the orders on a cash rather than an | ||||||
4 | accrual basis. For purposes
of this requirement an "accrual | ||||||
5 | basis" assumes that the total cost of the
project is expended | ||||||
6 | in the fiscal year in which the order is entered, while a
"cash | ||||||
7 | basis" allocates the cost of the project among fiscal years as
| ||||||
8 | expenditures are actually made. To meet the requirements of | ||||||
9 | this subsection,
the Illinois Commerce Commission shall | ||||||
10 | develop annual and 5-year project plans
of rail crossing | ||||||
11 | capital improvements that will be paid for with moneys from
| ||||||
12 | the Grade Crossing Protection Fund. The annual project plan | ||||||
13 | shall identify
projects for the succeeding fiscal year and the | ||||||
14 | 5-year project plan shall
identify projects for the 5 directly | ||||||
15 | succeeding fiscal years. The Commission
shall submit the | ||||||
16 | annual and 5-year project plans for this Fund to the Governor,
| ||||||
17 | the President of the Senate, the Senate Minority Leader, the | ||||||
18 | Speaker of the
House of Representatives, and the Minority | ||||||
19 | Leader of the House of
Representatives on
the first Wednesday | ||||||
20 | in April of each year;
| ||||||
21 | (d) of the amount remaining after allocations provided for | ||||||
22 | in
subsections (a), (a-1), (b) , and (c), a sufficient amount | ||||||
23 | shall be reserved to
pay all of the following:
| ||||||
24 | (1) the costs of the Department of Revenue in | ||||||
25 | administering this
Act;
| ||||||
26 | (2) the costs of the Department of Transportation in |
| |||||||
| |||||||
1 | performing its
duties imposed by the Illinois Highway Code | ||||||
2 | for supervising the use of motor
fuel tax funds | ||||||
3 | apportioned to municipalities, counties and road | ||||||
4 | districts;
| ||||||
5 | (3) refunds provided for in Section 13, refunds for | ||||||
6 | overpayment of decal fees paid under Section 13a.4 of this | ||||||
7 | Act, and refunds provided for under the terms
of the | ||||||
8 | International Fuel Tax Agreement referenced in Section | ||||||
9 | 14a;
| ||||||
10 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
11 | administration of the
Vehicle Emissions Inspection Law, | ||||||
12 | which amount shall be certified monthly by
the | ||||||
13 | Environmental Protection Agency to the State Comptroller | ||||||
14 | and shall promptly
be transferred by the State Comptroller | ||||||
15 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
16 | Inspection Fund, and for the period July 1, 1994 through
| ||||||
17 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
18 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
19 | of
$30,000,000
each month,
and $15,000,000 on July 1, | ||||||
20 | 2003, and $15,000,000 on January 1, 2004, and $15,000,000
| ||||||
21 | on
each
July
1 and October 1, or as soon thereafter as may | ||||||
22 | be practical, during the period July 1, 2004 through June | ||||||
23 | 30, 2012,
and $30,000,000 on June 1, 2013, or as soon | ||||||
24 | thereafter as may be practical, and $15,000,000 on July 1 | ||||||
25 | and October 1, or as soon thereafter as may be practical, | ||||||
26 | during the period of July 1, 2013 through June 30, 2015, |
| |||||||
| |||||||
1 | for the administration of the Vehicle Emissions Inspection | ||||||
2 | Law of
2005, to be transferred by the State Comptroller | ||||||
3 | and Treasurer from the Motor
Fuel Tax Fund into the | ||||||
4 | Vehicle Inspection Fund;
| ||||||
5 | (4.5) beginning on July 1, 2019, the costs of the | ||||||
6 | Environmental Protection Agency for the administration of | ||||||
7 | the Vehicle Emissions Inspection Law of 2005 shall be | ||||||
8 | paid, subject to appropriation, from the Motor Fuel Tax | ||||||
9 | Fund into the Vehicle Inspection Fund; beginning in 2019, | ||||||
10 | no later than December 31 of each year, or as soon | ||||||
11 | thereafter as practical, the State Comptroller shall | ||||||
12 | direct and the State Treasurer shall transfer from the | ||||||
13 | Vehicle Inspection Fund to the Motor Fuel Tax Fund any | ||||||
14 | balance remaining in the Vehicle Inspection Fund in excess | ||||||
15 | of $2,000,000; | ||||||
16 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
17 | (6) payment of motor fuel use taxes due to member | ||||||
18 | jurisdictions under
the terms of the International Fuel | ||||||
19 | Tax Agreement. The Department shall
certify these amounts | ||||||
20 | to the Comptroller by the 15th day of each month; the
| ||||||
21 | Comptroller shall cause orders to be drawn for such | ||||||
22 | amounts, and the Treasurer
shall administer those amounts | ||||||
23 | on or before the last day of each month;
| ||||||
24 | (e) after allocations for the purposes set forth in | ||||||
25 | subsections
(a), (a-1), (b), (c) , and (d), the remaining | ||||||
26 | amount shall be apportioned as follows:
|
| |||||||
| |||||||
1 | (1) Until January 1, 2000, 58.4%, and beginning | ||||||
2 | January 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
3 | (A) 37% into the State Construction Account Fund, | ||||||
4 | and
| ||||||
5 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
6 | shall be reserved each
month for the Department of | ||||||
7 | Transportation to be used in accordance with
the | ||||||
8 | provisions of Sections 6-901 through 6-906 of the | ||||||
9 | Illinois Highway Code;
| ||||||
10 | (2) Until January 1, 2000, 41.6%, and beginning | ||||||
11 | January 1, 2000, 54.4%
shall be transferred to the | ||||||
12 | Department of Transportation to be
distributed as follows:
| ||||||
13 | (A) 49.10% to the municipalities of the State,
| ||||||
14 | (B) 16.74% to the counties of the State having | ||||||
15 | 1,000,000 or more inhabitants,
| ||||||
16 | (C) 18.27% to the counties of the State having | ||||||
17 | less than 1,000,000 inhabitants,
| ||||||
18 | (D) 15.89% to the road districts of the State.
| ||||||
19 | If a township is dissolved under Article 24 of the | ||||||
20 | Township Code, McHenry County shall receive any moneys | ||||||
21 | that would have been distributed to the township under | ||||||
22 | this subparagraph, except that a municipality that assumes | ||||||
23 | the powers and responsibilities of a road district under | ||||||
24 | paragraph (6) of Section 24-35 of the Township Code shall | ||||||
25 | receive any moneys that would have been distributed to the | ||||||
26 | township in a percent equal to the area of the dissolved |
| |||||||
| |||||||
1 | road district or portion of the dissolved road district | ||||||
2 | over which the municipality assumed the powers and | ||||||
3 | responsibilities compared to the total area of the | ||||||
4 | dissolved township. The moneys received under this | ||||||
5 | subparagraph shall be used in the geographic area of the | ||||||
6 | dissolved township. If a township is reconstituted as | ||||||
7 | provided under Section 24-45 of the Township Code, McHenry | ||||||
8 | County or a municipality shall no longer be distributed | ||||||
9 | moneys under this subparagraph. | ||||||
10 | As soon as may be after the first day of each month , the | ||||||
11 | Department of
Transportation shall allot to each municipality | ||||||
12 | its share of the amount
apportioned to the several | ||||||
13 | municipalities which shall be in proportion
to the population | ||||||
14 | of such municipalities as determined by the last
preceding | ||||||
15 | municipal census if conducted by the Federal Government or
| ||||||
16 | Federal census. If territory is annexed to any municipality | ||||||
17 | subsequent
to the time of the last preceding census the | ||||||
18 | corporate authorities of
such municipality may cause a census | ||||||
19 | to be taken of such annexed
territory and the population so | ||||||
20 | ascertained for such territory shall be
added to the | ||||||
21 | population of the municipality as determined by the last
| ||||||
22 | preceding census for the purpose of determining the allotment | ||||||
23 | for that
municipality. If the population of any municipality | ||||||
24 | was not determined
by the last Federal census preceding any | ||||||
25 | apportionment, the
apportionment to such municipality shall be | ||||||
26 | in accordance with any
census taken by such municipality. Any |
| |||||||
| |||||||
1 | municipal census used in
accordance with this Section shall be | ||||||
2 | certified to the Department of
Transportation by the clerk of | ||||||
3 | such municipality, and the accuracy
thereof shall be subject | ||||||
4 | to approval of the Department which may make
such corrections | ||||||
5 | as it ascertains to be necessary.
| ||||||
6 | As soon as may be after the first day of each month , the | ||||||
7 | Department of
Transportation shall allot to each county its | ||||||
8 | share of the amount
apportioned to the several counties of the | ||||||
9 | State as herein provided.
Each allotment to the several | ||||||
10 | counties having less than 1,000,000
inhabitants shall be in | ||||||
11 | proportion to the amount of motor vehicle
license fees | ||||||
12 | received from the residents of such counties, respectively,
| ||||||
13 | during the preceding calendar year. The Secretary of State | ||||||
14 | shall, on or
before April 15 of each year, transmit to the | ||||||
15 | Department of
Transportation a full and complete report | ||||||
16 | showing the amount of motor
vehicle license fees received from | ||||||
17 | the residents of each county,
respectively, during the | ||||||
18 | preceding calendar year. The Department of
Transportation | ||||||
19 | shall, each month, use for allotment purposes the last
such | ||||||
20 | report received from the Secretary of State.
| ||||||
21 | As soon as may be after the first day of each month, the | ||||||
22 | Department
of Transportation shall allot to the several | ||||||
23 | counties their share of the
amount apportioned for the use of | ||||||
24 | road districts. The allotment shall
be apportioned among the | ||||||
25 | several counties in the State in the proportion
which the | ||||||
26 | total mileage of township or district roads in the respective
|
| |||||||
| |||||||
1 | counties bears to the total mileage of all township and | ||||||
2 | district roads
in the State. Funds allotted to the respective | ||||||
3 | counties for the use of
road districts therein shall be | ||||||
4 | allocated to the several road districts
in the county in the | ||||||
5 | proportion which the total mileage of such township
or | ||||||
6 | district roads in the respective road districts bears to the | ||||||
7 | total
mileage of all such township or district roads in the | ||||||
8 | county. After
July 1 of any year prior to 2011, no allocation | ||||||
9 | shall be made for any road district
unless it levied a tax for | ||||||
10 | road and bridge purposes in an amount which
will require the | ||||||
11 | extension of such tax against the taxable property in
any such | ||||||
12 | road district at a rate of not less than either .08% of the | ||||||
13 | value
thereof, based upon the assessment for the year | ||||||
14 | immediately prior to the year
in which such tax was levied and | ||||||
15 | as equalized by the Department of Revenue
or, in DuPage | ||||||
16 | County, an amount equal to or greater than $12,000 per mile of
| ||||||
17 | road under the jurisdiction of the road district, whichever is | ||||||
18 | less. Beginning July 1, 2011 and each July 1 thereafter, an | ||||||
19 | allocation shall be made for any road district
if it levied a | ||||||
20 | tax for road and bridge purposes. In counties other than | ||||||
21 | DuPage County, if the amount of the tax levy requires the | ||||||
22 | extension of the tax against the taxable property in
the road | ||||||
23 | district at a rate that is less than 0.08% of the value
| ||||||
24 | thereof, based upon the assessment for the year immediately | ||||||
25 | prior to the year
in which the tax was levied and as equalized | ||||||
26 | by the Department of Revenue, then the amount of the |
| |||||||
| |||||||
1 | allocation for that road district shall be a percentage of the | ||||||
2 | maximum allocation equal to the percentage obtained by | ||||||
3 | dividing the rate extended by the district by 0.08%. In DuPage | ||||||
4 | County, if the amount of the tax levy requires the extension of | ||||||
5 | the tax against the taxable property in
the road district at a | ||||||
6 | rate that is less than the lesser of (i) 0.08% of the value
of | ||||||
7 | the taxable property in the road district, based upon the | ||||||
8 | assessment for the year immediately prior to the year
in which | ||||||
9 | such tax was levied and as equalized by the Department of | ||||||
10 | Revenue,
or (ii) a rate that will yield an amount equal to | ||||||
11 | $12,000 per mile of
road under the jurisdiction of the road | ||||||
12 | district, then the amount of the allocation for the road | ||||||
13 | district shall be a percentage of the maximum allocation equal | ||||||
14 | to the percentage obtained by dividing the rate extended by | ||||||
15 | the district by the lesser of (i) 0.08% or (ii) the rate that | ||||||
16 | will yield an amount equal to $12,000 per mile of
road under | ||||||
17 | the jurisdiction of the road district. | ||||||
18 | Prior to 2011, if any
road district has levied a special | ||||||
19 | tax for road purposes
pursuant to Sections 6-601, 6-602 , and | ||||||
20 | 6-603 of the Illinois Highway Code, and
such tax was levied in | ||||||
21 | an amount which would require extension at a
rate of not less | ||||||
22 | than .08% of the value of the taxable property thereof,
as | ||||||
23 | equalized or assessed by the Department of Revenue,
or, in | ||||||
24 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
25 | mile of
road under the jurisdiction of the road district, | ||||||
26 | whichever is less,
such levy shall, however, be deemed a |
| |||||||
| |||||||
1 | proper compliance with this
Section and shall qualify such | ||||||
2 | road district for an allotment under this
Section. Beginning | ||||||
3 | in 2011 and thereafter, if any
road district has levied a | ||||||
4 | special tax for road purposes
under Sections 6-601, 6-602, and | ||||||
5 | 6-603 of the Illinois Highway Code, and
the tax was levied in | ||||||
6 | an amount that would require extension at a
rate of not less | ||||||
7 | than 0.08% of the value of the taxable property of that road | ||||||
8 | district,
as equalized or assessed by the Department of | ||||||
9 | Revenue or, in DuPage County, an amount equal to or greater | ||||||
10 | than $12,000 per mile of road under the jurisdiction of the | ||||||
11 | road district, whichever is less, that levy shall be deemed a | ||||||
12 | proper compliance with this
Section and shall qualify such | ||||||
13 | road district for a full, rather than proportionate, allotment | ||||||
14 | under this
Section. If the levy for the special tax is less | ||||||
15 | than 0.08% of the value of the taxable property, or, in DuPage | ||||||
16 | County if the levy for the special tax is less than the lesser | ||||||
17 | of (i) 0.08% or (ii) $12,000 per mile of road under the | ||||||
18 | jurisdiction of the road district, and if the levy for the | ||||||
19 | special tax is more than any other levy for road and bridge | ||||||
20 | purposes, then the levy for the special tax qualifies the road | ||||||
21 | district for a proportionate, rather than full, allotment | ||||||
22 | under this Section. If the levy for the special tax is equal to | ||||||
23 | or less than any other levy for road and bridge purposes, then | ||||||
24 | any allotment under this Section shall be determined by the | ||||||
25 | other levy for road and bridge purposes. | ||||||
26 | Prior to 2011, if a township has transferred to the road |
| |||||||
| |||||||
1 | and bridge fund
money which, when added to the amount of any | ||||||
2 | tax levy of the road
district would be the equivalent of a tax | ||||||
3 | levy requiring extension at a
rate of at least .08%, or, in | ||||||
4 | DuPage County, an amount equal to or greater
than $12,000 per | ||||||
5 | mile of road under the jurisdiction of the road district,
| ||||||
6 | whichever is less, such transfer, together with any such tax | ||||||
7 | levy,
shall be deemed a proper compliance with this Section | ||||||
8 | and shall qualify
the road district for an allotment under | ||||||
9 | this Section.
| ||||||
10 | In counties in which a property tax extension limitation | ||||||
11 | is imposed
under the Property Tax Extension Limitation Law, | ||||||
12 | road districts may retain
their entitlement to a motor fuel | ||||||
13 | tax allotment or, beginning in 2011, their entitlement to a | ||||||
14 | full allotment if, at the time the property
tax
extension | ||||||
15 | limitation was imposed, the road district was levying a road | ||||||
16 | and
bridge tax at a rate sufficient to entitle it to a motor | ||||||
17 | fuel tax allotment
and continues to levy the maximum allowable | ||||||
18 | amount after the imposition of the
property tax extension | ||||||
19 | limitation. Any road district may in all circumstances
retain | ||||||
20 | its entitlement to a motor fuel tax allotment or, beginning in | ||||||
21 | 2011, its entitlement to a full allotment if it levied a road | ||||||
22 | and
bridge tax in an amount that will require the extension of | ||||||
23 | the tax against the
taxable property in the road district at a | ||||||
24 | rate of not less than 0.08% of the
assessed value of the | ||||||
25 | property, based upon the assessment for the year
immediately | ||||||
26 | preceding the year in which the tax was levied and as equalized |
| |||||||
| |||||||
1 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
2 | equal to or greater
than $12,000 per mile of road under the | ||||||
3 | jurisdiction of the road district,
whichever is less.
| ||||||
4 | As used in this Section , the term "road district" means | ||||||
5 | any road
district, including a county unit road district, | ||||||
6 | provided for by the
Illinois Highway Code; and the term | ||||||
7 | "township or district road"
means any road in the township and | ||||||
8 | district road system as defined in the
Illinois Highway Code. | ||||||
9 | For the purposes of this Section, "township or
district road" | ||||||
10 | also includes such roads as are maintained by park
districts, | ||||||
11 | forest preserve districts and conservation districts. The
| ||||||
12 | Department of Transportation shall determine the mileage of | ||||||
13 | all township
and district roads for the purposes of making | ||||||
14 | allotments and allocations of
motor fuel tax funds for use in | ||||||
15 | road districts.
| ||||||
16 | Payment of motor fuel tax moneys to municipalities and | ||||||
17 | counties shall
be made as soon as possible after the allotment | ||||||
18 | is made. The treasurer
of the municipality or county may | ||||||
19 | invest these funds until their use is
required and the | ||||||
20 | interest earned by these investments shall be limited
to the | ||||||
21 | same uses as the principal funds.
| ||||||
22 | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; | ||||||
23 | 101-493, eff. 8-23-19; revised 9-24-19.)
| ||||||
24 | Section 255. The Illinois Pension Code is amended by | ||||||
25 | changing Sections 1-109, 4-117, 4-118, 4-141, 14-125, 15-155, |
| |||||||
| |||||||
1 | 16-158, 16-190.5, 16-203, and 22C-115 as follows:
| ||||||
2 | (40 ILCS 5/1-109) (from Ch. 108 1/2, par. 1-109)
| ||||||
3 | Sec. 1-109. Duties of fiduciaries. A fiduciary with
| ||||||
4 | respect to a retirement system or pension fund established
| ||||||
5 | under this Code shall discharge his or her duties with respect | ||||||
6 | to the
retirement system or pension fund solely in the | ||||||
7 | interest of the participants
and beneficiaries and:
| ||||||
8 | (a) for the exclusive purpose of:
| ||||||
9 | (1) providing benefits to participants and their | ||||||
10 | beneficiaries; and
| ||||||
11 | (2) defraying reasonable expenses of administering | ||||||
12 | the retirement system
or pension fund;
| ||||||
13 | (b) with the care, skill, prudence and diligence under | ||||||
14 | the circumstances
then prevailing that a prudent man | ||||||
15 | acting in a like capacity and familiar
with such matters | ||||||
16 | would use in the conduct of an enterprise of a like | ||||||
17 | character
with like aims;
| ||||||
18 | (c) by diversifying the investments of the retirement | ||||||
19 | system
or pension fund so as to minimize the risk of large | ||||||
20 | losses, unless under
the circumstances
it is clearly | ||||||
21 | prudent not to do so; and
| ||||||
22 | (d) in accordance with the provisions of the Article | ||||||
23 | of this the Pension Code
governing the retirement system | ||||||
24 | or pension fund.
| ||||||
25 | (Source: P.A. 82-960; revised 11-26-19.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
| ||||||
2 | Sec. 4-117. Reentry into active service. | ||||||
3 | (a) If a firefighter receiving
pension payments
reenters | ||||||
4 | active service, pension payments shall be suspended while he
| ||||||
5 | or she is in service. If the firefighter again retires or is | ||||||
6 | discharged,
his or her monthly pension shall be resumed in the | ||||||
7 | same amount as was paid
upon first retirement or discharge
| ||||||
8 | unless he or she remained in active service 3 or more years | ||||||
9 | after re-entry
in which case the monthly pension shall be | ||||||
10 | based on the salary attached
to the firefighter's rank at the | ||||||
11 | date of last retirement.
| ||||||
12 | (b) If a deferred pensioner re-enters active service, and | ||||||
13 | again retires
or is discharged from the fire service, his or | ||||||
14 | her pension shall be based
on the salary attached to the rank | ||||||
15 | held in the fire service at the date
of earlier retirement, | ||||||
16 | unless the firefighter remains in active service
for 3 or more | ||||||
17 | years after re-entry, in which case the monthly pension shall
| ||||||
18 | be based on the salary attached to the firefighter's rank at | ||||||
19 | the date of
last retirement.
| ||||||
20 | (c) If a pensioner or deferred pensioner re-enters or is | ||||||
21 | recalled
to active service and
is thereafter injured, and the | ||||||
22 | injury
is not related to an injury for which he or she was | ||||||
23 | previously receiving
a disability pension,
the 3-year 3 year | ||||||
24 | service requirement shall not apply in order
for the | ||||||
25 | firefighter to qualify for the increased pension based on
the |
| |||||||
| |||||||
1 | rate of pay at the time of the
new injury.
| ||||||
2 | (Source: P.A. 83-1440; revised 7-17-19.)
| ||||||
3 | (40 ILCS 5/4-118) (from Ch. 108 1/2, par. 4-118)
| ||||||
4 | Sec. 4-118. Financing.
| ||||||
5 | (a) The city council or the board of trustees
of the | ||||||
6 | municipality shall annually levy a tax upon all the taxable | ||||||
7 | property
of the municipality at the rate on the dollar which | ||||||
8 | will produce an amount
which, when added to the deductions | ||||||
9 | from the salaries or wages of
firefighters and revenues | ||||||
10 | available from other sources, will equal a sum
sufficient to | ||||||
11 | meet the annual actuarial requirements of the pension fund,
as | ||||||
12 | determined by an enrolled actuary employed by the Illinois | ||||||
13 | Department of
Insurance or by an enrolled actuary retained by | ||||||
14 | the pension fund or
municipality. For the purposes of this | ||||||
15 | Section, the annual actuarial
requirements of the pension fund | ||||||
16 | are equal to (1) the normal cost of the
pension fund, or 17.5% | ||||||
17 | of the salaries and wages to be paid to firefighters
for the | ||||||
18 | year involved, whichever is greater, plus (2) an annual amount
| ||||||
19 | sufficient to bring the total assets of the pension fund up to | ||||||
20 | 90% of the total actuarial liabilities of the pension fund by | ||||||
21 | the end of municipal fiscal year 2040, as annually updated and | ||||||
22 | determined by an enrolled actuary employed by the Illinois | ||||||
23 | Department of Insurance or by an enrolled actuary retained by | ||||||
24 | the pension fund or the municipality. In making these | ||||||
25 | determinations, the required minimum employer contribution |
| |||||||
| |||||||
1 | shall be calculated each year as a level percentage of payroll | ||||||
2 | over the years remaining up to and including fiscal year 2040 | ||||||
3 | and shall be determined under the projected unit credit | ||||||
4 | actuarial cost method. The amount
to be applied towards the | ||||||
5 | amortization of the unfunded accrued liability in any
year | ||||||
6 | shall not be less than the annual amount required to amortize | ||||||
7 | the unfunded
accrued liability, including interest, as a level | ||||||
8 | percentage of payroll over
the number of years remaining in | ||||||
9 | the 40-year 40 year amortization period.
| ||||||
10 | (a-2) A municipality that has established a pension fund | ||||||
11 | under this Article and that who employs a full-time | ||||||
12 | firefighter, as defined in Section 4-106, shall be deemed a | ||||||
13 | primary employer with respect to that full-time firefighter. | ||||||
14 | Any municipality of 5,000 or more inhabitants that employs or | ||||||
15 | enrolls a firefighter while that firefighter continues to earn | ||||||
16 | service credit as a participant in a primary employer's | ||||||
17 | pension fund under this Article shall be deemed a secondary | ||||||
18 | employer and such employees shall be deemed to be secondary | ||||||
19 | employee firefighters. To ensure that the primary employer's | ||||||
20 | pension fund under this Article is aware of additional | ||||||
21 | liabilities and risks to which firefighters are exposed when | ||||||
22 | performing work as firefighters for secondary employers, a | ||||||
23 | secondary employer shall annually prepare a report accounting | ||||||
24 | for all hours worked by and wages and salaries paid to the | ||||||
25 | secondary employee firefighters it receives services from or | ||||||
26 | employs for each fiscal year in which such firefighters are |
| |||||||
| |||||||
1 | employed and transmit a certified copy of that report to the | ||||||
2 | primary employer's pension fund and the secondary employee | ||||||
3 | firefighter no later than 30 days after the end of any fiscal | ||||||
4 | year in which wages were paid to the secondary employee | ||||||
5 | firefighters. | ||||||
6 | Nothing in this Section shall be construed to allow a | ||||||
7 | secondary employee to qualify for benefits or creditable | ||||||
8 | service for employment as a firefighter for a secondary | ||||||
9 | employer. | ||||||
10 | (a-5) For purposes of determining the required employer | ||||||
11 | contribution to a pension fund, the value of the pension | ||||||
12 | fund's assets shall be equal to the actuarial value of the | ||||||
13 | pension fund's assets, which shall be calculated as follows: | ||||||
14 | (1) On March 30, 2011, the actuarial value of a | ||||||
15 | pension fund's assets shall be equal to the market value | ||||||
16 | of the assets as of that date. | ||||||
17 | (2) In determining the actuarial value of the pension | ||||||
18 | fund's assets for fiscal years after March 30, 2011, any | ||||||
19 | actuarial gains or losses from investment return incurred | ||||||
20 | in a fiscal year shall be recognized in equal annual | ||||||
21 | amounts over the 5-year period following that fiscal year. | ||||||
22 | (b) The tax shall be levied and collected in the same | ||||||
23 | manner
as the general taxes of the municipality, and shall be | ||||||
24 | in addition
to all other taxes now or hereafter authorized to | ||||||
25 | be levied upon all
property within the municipality, and in | ||||||
26 | addition to the amount authorized
to be levied for general |
| |||||||
| |||||||
1 | purposes, under Section 8-3-1 of the Illinois
Municipal Code | ||||||
2 | or under Section 14 of the Fire Protection District Act. The
| ||||||
3 | tax shall be forwarded directly to the treasurer of the board | ||||||
4 | within 30
business days of receipt by the county
(or, in the | ||||||
5 | case of amounts
added to the tax levy under subsection (f), | ||||||
6 | used by the municipality to pay the
employer contributions | ||||||
7 | required under subsection (b-1) of Section 15-155 of
this | ||||||
8 | Code).
| ||||||
9 | (b-5) If a participating municipality fails to transmit to | ||||||
10 | the fund contributions required of it under this Article for | ||||||
11 | more than 90 days after the payment of those contributions is | ||||||
12 | due, the fund may, after giving notice to the municipality, | ||||||
13 | certify to the State Comptroller the amounts of the delinquent | ||||||
14 | payments in accordance with any applicable rules of the | ||||||
15 | Comptroller, and the Comptroller must, beginning in fiscal | ||||||
16 | year 2016, deduct and remit to the fund the certified amounts | ||||||
17 | or a portion of those amounts from the following proportions | ||||||
18 | of payments of State funds to the municipality: | ||||||
19 | (1) in fiscal year 2016, one-third of the total amount | ||||||
20 | of any payments of State funds to the municipality; | ||||||
21 | (2) in fiscal year 2017, two-thirds of the total | ||||||
22 | amount of any payments of State funds to the municipality; | ||||||
23 | and | ||||||
24 | (3) in fiscal year 2018 and each fiscal year | ||||||
25 | thereafter, the total amount of any payments of State | ||||||
26 | funds to the municipality. |
| |||||||
| |||||||
1 | The State Comptroller may not deduct from any payments of | ||||||
2 | State funds to the municipality more than the amount of | ||||||
3 | delinquent payments certified to the State Comptroller by the | ||||||
4 | fund. | ||||||
5 | (c) The board shall make available to the membership and | ||||||
6 | the general public
for inspection and copying at reasonable | ||||||
7 | times the most recent Actuarial
Valuation Balance Sheet and | ||||||
8 | Tax Levy Requirement issued to the fund by the
Department of | ||||||
9 | Insurance.
| ||||||
10 | (d) The firefighters' pension fund shall consist of the | ||||||
11 | following moneys
which shall be set apart by the treasurer of | ||||||
12 | the municipality: (1) all
moneys derived from the taxes levied | ||||||
13 | hereunder; (2) contributions
by firefighters as provided under | ||||||
14 | Section 4-118.1; (2.5) all moneys received from the | ||||||
15 | Firefighters' Pension Investment Fund as provided in Article | ||||||
16 | 22C of this Code; (3) all
rewards in money, fees, gifts, and | ||||||
17 | emoluments that may be paid or given
for or on account of | ||||||
18 | extraordinary service by the fire department or any
member | ||||||
19 | thereof, except when allowed to be retained by competitive | ||||||
20 | awards;
and (4) any money, real estate or personal property | ||||||
21 | received by the board.
| ||||||
22 | (e) For the purposes of this Section, "enrolled actuary" | ||||||
23 | means an actuary:
(1) who is a member of the Society of | ||||||
24 | Actuaries or the American
Academy of Actuaries; and (2) who is | ||||||
25 | enrolled under Subtitle
C of Title III of the Employee | ||||||
26 | Retirement Income Security Act of 1974, or
who has been |
| |||||||
| |||||||
1 | engaged in providing actuarial services to one or more public
| ||||||
2 | retirement systems for a period of at least 3 years as of July | ||||||
3 | 1, 1983.
| ||||||
4 | (f) The corporate authorities of a municipality that | ||||||
5 | employs a person
who is described in subdivision (d) of | ||||||
6 | Section 4-106 may add to the tax levy
otherwise provided for in | ||||||
7 | this Section an amount equal to the projected cost of
the | ||||||
8 | employer contributions required to be paid by the municipality | ||||||
9 | to the State
Universities Retirement System under subsection | ||||||
10 | (b-1) of Section 15-155 of this
Code. | ||||||
11 | (g) The Commission on Government Forecasting and
| ||||||
12 | Accountability shall conduct a study of all funds established
| ||||||
13 | under this Article and shall report its findings to the | ||||||
14 | General
Assembly on or before January 1, 2013. To the fullest | ||||||
15 | extent possible, the study shall include, but not be limited | ||||||
16 | to, the following: | ||||||
17 | (1) fund balances; | ||||||
18 | (2) historical employer contribution rates for each
| ||||||
19 | fund; | ||||||
20 | (3) the actuarial formulas used as a basis for | ||||||
21 | employer
contributions, including the actual assumed rate | ||||||
22 | of return
for each year, for each fund; | ||||||
23 | (4) available contribution funding sources; | ||||||
24 | (5) the impact of any revenue limitations caused by
| ||||||
25 | PTELL and employer home rule or non-home rule status; and | ||||||
26 | (6) existing statutory funding compliance procedures
|
| |||||||
| |||||||
1 | and funding enforcement mechanisms for all municipal
| ||||||
2 | pension funds.
| ||||||
3 | (Source: P.A. 101-522, eff. 8-23-19; 101-610, eff. 1-1-20; | ||||||
4 | revised 8-20-20.)
| ||||||
5 | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
| ||||||
6 | Sec. 4-141. Referendum in municipalities less than 5,000. | ||||||
7 | This Article shall become effective in any municipality of | ||||||
8 | less than
5,000 , population if the proposition to adopt
the | ||||||
9 | Article is submitted to and approved by the voters of the
| ||||||
10 | municipality in the manner herein provided.
| ||||||
11 | Whenever the electors of the municipality equal in number | ||||||
12 | to 5% of
the number of legal votes cast at the last preceding | ||||||
13 | general municipal
election for mayor or president, as the case | ||||||
14 | may be, petition the
corporate authorities of the municipality | ||||||
15 | to submit the proposition whether that
municipality shall | ||||||
16 | adopt this Article, the municipal clerk shall certify
the | ||||||
17 | proposition to the proper election official who shall submit | ||||||
18 | it to the
electors in accordance with the general election law | ||||||
19 | at the next
succeeding regular election in the municipality. | ||||||
20 | If the proposition is not
adopted at that
election, it may be | ||||||
21 | submitted in like manner at any regular
election thereafter.
| ||||||
22 | The proposition
shall be substantially in the following | ||||||
23 | form:
| ||||||
24 | -------------------------------------------------------------
| ||||||
25 | Shall the city (or village or
|
| |||||||
| |||||||
1 | incorporated town as the case may be) YES
| ||||||
2 | of.... adopt Article 4 of the
| ||||||
3 | " Illinois Pension Code " , ------------------
| ||||||
4 | providing for a Firefighters' NO
| ||||||
5 | Pension Fund and the levying
| ||||||
6 | of an annual tax therefor?
| ||||||
7 | -------------------------------------------------------------
| ||||||
8 | If a majority of the votes cast on the proposition is for | ||||||
9 | the proposition,
this Article is adopted in that
municipality.
| ||||||
10 | (Source: P.A. 83-1440; revised 7-17-19.)
| ||||||
11 | (40 ILCS 5/14-125) (from Ch. 108 1/2, par. 14-125)
| ||||||
12 | Sec. 14-125. Nonoccupational disability benefit; amount | ||||||
13 | benefit - Amount of. The
nonoccupational disability benefit | ||||||
14 | shall be 50% of the member's final
average compensation at the | ||||||
15 | time disability occurred. In the case of a
member whose | ||||||
16 | benefit was resumed due to the same disability, the amount of
| ||||||
17 | the benefit shall be the same
as that last paid before | ||||||
18 | resumption of State employment. In the event
that a temporary | ||||||
19 | disability benefit has been received, the nonoccupational
| ||||||
20 | disability benefit shall be subject to adjustment by the Board | ||||||
21 | under Section 14-123.1.
| ||||||
22 | If a covered employee is eligible for a disability benefit | ||||||
23 | before attaining the Social Security full retirement
age or a | ||||||
24 | retirement benefit on or after attaining the Social Security | ||||||
25 | full retirement age under the federal
Federal Social Security |
| |||||||
| |||||||
1 | Act, the amount of the member's nonoccupational disability
| ||||||
2 | benefit shall be reduced by the amount of primary benefit the | ||||||
3 | member would
be eligible to receive
under such Act, whether or | ||||||
4 | not entitlement thereto came
about as the result of service as | ||||||
5 | a covered employee under this Article.
The Board may make such | ||||||
6 | reduction if it appears that the employee may be
so eligible | ||||||
7 | pending determination of eligibility and make an appropriate
| ||||||
8 | adjustment if necessary after such determination. The amount | ||||||
9 | of any
nonoccupational
disability benefit payable under
this | ||||||
10 | Article shall not be reduced by reason of any increase under | ||||||
11 | the federal
Federal Social Security Act which occurs after the | ||||||
12 | offset required by this
Section is first applied to that | ||||||
13 | benefit.
| ||||||
14 | As used in this Section subsection , "Social Security full | ||||||
15 | retirement age" means the age at which an individual is | ||||||
16 | eligible to receive full Social Security retirement benefits. | ||||||
17 | (Source: P.A. 101-54, eff. 7-12-19; revised 8-13-19.)
| ||||||
18 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| ||||||
19 | Sec. 15-155. Employer contributions.
| ||||||
20 | (a) The State of Illinois shall make contributions by | ||||||
21 | appropriations of
amounts which, together with the other | ||||||
22 | employer contributions from trust,
federal, and other funds, | ||||||
23 | employee contributions, income from investments,
and other | ||||||
24 | income of this System, will be sufficient to meet the cost of
| ||||||
25 | maintaining and administering the System on a 90% funded basis |
| |||||||
| |||||||
1 | in accordance
with actuarial recommendations.
| ||||||
2 | The Board shall determine the amount of State | ||||||
3 | contributions required for
each fiscal year on the basis of | ||||||
4 | the actuarial tables and other assumptions
adopted by the | ||||||
5 | Board and the recommendations of the actuary, using the | ||||||
6 | formula
in subsection (a-1).
| ||||||
7 | (a-1) For State fiscal years 2012 through 2045, the | ||||||
8 | minimum contribution
to the System to be made by the State for | ||||||
9 | each fiscal year shall be an amount
determined by the System to | ||||||
10 | be sufficient to bring the total assets of the
System up to 90% | ||||||
11 | of the total actuarial liabilities of the System by the end of
| ||||||
12 | State fiscal year 2045. In making these determinations, the | ||||||
13 | required State
contribution shall be calculated each year as a | ||||||
14 | level percentage of payroll
over the years remaining to and | ||||||
15 | including fiscal year 2045 and shall be
determined under the | ||||||
16 | projected unit credit actuarial cost method.
| ||||||
17 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
18 | State shall make an additional contribution to the System | ||||||
19 | equal to 2% of the total payroll of each employee who is deemed | ||||||
20 | to have elected the benefits under Section 1-161 or who has | ||||||
21 | made the election under subsection (c) of Section 1-161. | ||||||
22 | A change in an actuarial or investment assumption that | ||||||
23 | increases or
decreases the required State contribution and | ||||||
24 | first
applies in State fiscal year 2018 or thereafter shall be
| ||||||
25 | implemented in equal annual amounts over a 5-year period
| ||||||
26 | beginning in the State fiscal year in which the actuarial
|
| |||||||
| |||||||
1 | change first applies to the required State contribution. | ||||||
2 | A change in an actuarial or investment assumption that | ||||||
3 | increases or
decreases the required State contribution and | ||||||
4 | first
applied to the State contribution in fiscal year 2014, | ||||||
5 | 2015, 2016, or 2017 shall be
implemented: | ||||||
6 | (i) as already applied in State fiscal years before | ||||||
7 | 2018; and | ||||||
8 | (ii) in the portion of the 5-year period beginning in | ||||||
9 | the State fiscal year in which the actuarial
change first | ||||||
10 | applied that occurs in State fiscal year 2018 or | ||||||
11 | thereafter, by calculating the change in equal annual | ||||||
12 | amounts over that 5-year period and then implementing it | ||||||
13 | at the resulting annual rate in each of the remaining | ||||||
14 | fiscal years in that 5-year period. | ||||||
15 | For State fiscal years 1996 through 2005, the State | ||||||
16 | contribution to
the System, as a percentage of the applicable | ||||||
17 | employee payroll, shall be
increased in equal annual | ||||||
18 | increments so that by State fiscal year 2011, the
State is | ||||||
19 | contributing at the rate required under this Section.
| ||||||
20 | Notwithstanding any other provision of this Article, the | ||||||
21 | total required State
contribution for State fiscal year 2006 | ||||||
22 | is $166,641,900.
| ||||||
23 | Notwithstanding any other provision of this Article, the | ||||||
24 | total required State
contribution for State fiscal year 2007 | ||||||
25 | is $252,064,100.
| ||||||
26 | For each of State fiscal years 2008 through 2009, the |
| |||||||
| |||||||
1 | State contribution to
the System, as a percentage of the | ||||||
2 | applicable employee payroll, shall be
increased in equal | ||||||
3 | annual increments from the required State contribution for | ||||||
4 | State fiscal year 2007, so that by State fiscal year 2011, the
| ||||||
5 | State is contributing at the rate otherwise required under | ||||||
6 | this Section.
| ||||||
7 | Notwithstanding any other provision of this Article, the | ||||||
8 | total required State contribution for State fiscal year 2010 | ||||||
9 | is $702,514,000 and shall be made from the State Pensions Fund | ||||||
10 | and proceeds of bonds sold in fiscal year 2010 pursuant to | ||||||
11 | Section 7.2 of the General Obligation Bond Act, less (i) the | ||||||
12 | pro rata share of bond sale expenses determined by the | ||||||
13 | System's share of total bond proceeds, (ii) any amounts | ||||||
14 | received from the General Revenue Fund in fiscal year 2010, | ||||||
15 | (iii) any reduction in bond proceeds due to the issuance of | ||||||
16 | discounted bonds, if applicable. | ||||||
17 | Notwithstanding any other provision of this Article, the
| ||||||
18 | total required State contribution for State fiscal year 2011 | ||||||
19 | is
the amount recertified by the System on or before April 1, | ||||||
20 | 2011 pursuant to Section 15-165 and shall be made from the | ||||||
21 | State Pensions Fund and
proceeds of bonds sold in fiscal year | ||||||
22 | 2011 pursuant to Section
7.2 of the General Obligation Bond | ||||||
23 | Act, less (i) the pro rata
share of bond sale expenses | ||||||
24 | determined by the System's share of
total bond proceeds, (ii) | ||||||
25 | any amounts received from the General
Revenue Fund in fiscal | ||||||
26 | year 2011, and (iii) any reduction in bond
proceeds due to the |
| |||||||
| |||||||
1 | issuance of discounted bonds, if
applicable. | ||||||
2 | Beginning in State fiscal year 2046, the minimum State | ||||||
3 | contribution for
each fiscal year shall be the amount needed | ||||||
4 | to maintain the total assets of
the System at 90% of the total | ||||||
5 | actuarial liabilities of the System.
| ||||||
6 | Amounts received by the System pursuant to Section 25 of | ||||||
7 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
8 | Finance Act in any fiscal year do not reduce and do not | ||||||
9 | constitute payment of any portion of the minimum State | ||||||
10 | contribution required under this Article in that fiscal year. | ||||||
11 | Such amounts shall not reduce, and shall not be included in the | ||||||
12 | calculation of, the required State contributions under this | ||||||
13 | Article in any future year until the System has reached a | ||||||
14 | funding ratio of at least 90%. A reference in this Article to | ||||||
15 | the "required State contribution" or any substantially similar | ||||||
16 | term does not include or apply to any amounts payable to the | ||||||
17 | System under Section 25 of the Budget Stabilization Act. | ||||||
18 | Notwithstanding any other provision of this Section, the | ||||||
19 | required State
contribution for State fiscal year 2005 and for | ||||||
20 | fiscal year 2008 and each fiscal year thereafter, as
| ||||||
21 | calculated under this Section and
certified under Section | ||||||
22 | 15-165, shall not exceed an amount equal to (i) the
amount of | ||||||
23 | the required State contribution that would have been | ||||||
24 | calculated under
this Section for that fiscal year if the | ||||||
25 | System had not received any payments
under subsection (d) of | ||||||
26 | Section 7.2 of the General Obligation Bond Act, minus
(ii) the |
| |||||||
| |||||||
1 | portion of the State's total debt service payments for that | ||||||
2 | fiscal
year on the bonds issued in fiscal year 2003 for the | ||||||
3 | purposes of that Section 7.2, as determined
and certified by | ||||||
4 | the Comptroller, that is the same as the System's portion of
| ||||||
5 | the total moneys distributed under subsection (d) of Section | ||||||
6 | 7.2 of the General
Obligation Bond Act. In determining this | ||||||
7 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
8 | amount referred to in item (i) shall be increased, as a | ||||||
9 | percentage of the applicable employee payroll, in equal | ||||||
10 | increments calculated from the sum of the required State | ||||||
11 | contribution for State fiscal year 2007 plus the applicable | ||||||
12 | portion of the State's total debt service payments for fiscal | ||||||
13 | year 2007 on the bonds issued in fiscal year 2003 for the | ||||||
14 | purposes of Section 7.2 of the General
Obligation Bond Act, so | ||||||
15 | that, by State fiscal year 2011, the
State is contributing at | ||||||
16 | the rate otherwise required under this Section.
| ||||||
17 | (a-2) Beginning in fiscal year 2018, each employer under | ||||||
18 | this Article shall pay to the System a required contribution | ||||||
19 | determined as a percentage of projected payroll and sufficient | ||||||
20 | to produce an annual amount equal to: | ||||||
21 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
22 | defined benefit normal cost of the defined benefit plan, | ||||||
23 | less the employee contribution, for each employee of that | ||||||
24 | employer who has elected or who is deemed to have elected | ||||||
25 | the benefits under Section 1-161 or who has made the | ||||||
26 | election under subsection (c) of Section 1-161; for fiscal |
| |||||||
| |||||||
1 | year 2021 and each fiscal year thereafter, the defined | ||||||
2 | benefit normal cost of the defined benefit plan, less the | ||||||
3 | employee contribution, plus 2%, for each employee of that | ||||||
4 | employer who has elected or who is deemed to have elected | ||||||
5 | the benefits under Section 1-161 or who has made the | ||||||
6 | election under subsection (c) of Section 1-161; plus | ||||||
7 | (ii) the amount required for that fiscal year to | ||||||
8 | amortize any unfunded actuarial accrued liability | ||||||
9 | associated with the present value of liabilities | ||||||
10 | attributable to the employer's account under Section | ||||||
11 | 15-155.2, determined
as a level percentage of payroll over | ||||||
12 | a 30-year rolling amortization period. | ||||||
13 | In determining contributions required under item (i) of | ||||||
14 | this subsection, the System shall determine an aggregate rate | ||||||
15 | for all employers, expressed as a percentage of projected | ||||||
16 | payroll. | ||||||
17 | In determining the contributions required under item (ii) | ||||||
18 | of this subsection, the amount shall be computed by the System | ||||||
19 | on the basis of the actuarial assumptions and tables used in | ||||||
20 | the most recent actuarial valuation of the System that is | ||||||
21 | available at the time of the computation. | ||||||
22 | The contributions required under this subsection (a-2) | ||||||
23 | shall be paid by an employer concurrently with that employer's | ||||||
24 | payroll payment period. The State, as the actual employer of | ||||||
25 | an employee, shall make the required contributions under this | ||||||
26 | subsection. |
| |||||||
| |||||||
1 | As used in this subsection, "academic year" means the | ||||||
2 | 12-month period beginning September 1. | ||||||
3 | (b) If an employee is paid from trust or federal funds, the | ||||||
4 | employer
shall pay to the Board contributions from those funds | ||||||
5 | which are
sufficient to cover the accruing normal costs on | ||||||
6 | behalf of the employee.
However, universities having employees | ||||||
7 | who are compensated out of local
auxiliary funds, income | ||||||
8 | funds, or service enterprise funds are not required
to pay | ||||||
9 | such contributions on behalf of those employees. The local | ||||||
10 | auxiliary
funds, income funds, and service enterprise funds of | ||||||
11 | universities shall not be
considered trust funds for the | ||||||
12 | purpose of this Article, but funds of alumni
associations, | ||||||
13 | foundations, and athletic associations which are affiliated | ||||||
14 | with
the universities included as employers under this Article | ||||||
15 | and other employers
which do not receive State appropriations | ||||||
16 | are considered to be trust funds for
the purpose of this | ||||||
17 | Article.
| ||||||
18 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
19 | each make
employer contributions to this System for their | ||||||
20 | respective firefighter
employees who participate in this | ||||||
21 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
22 | of contributions to be made by those municipalities shall
be | ||||||
23 | determined annually by the Board on the basis of the actuarial | ||||||
24 | assumptions
adopted by the Board and the recommendations of | ||||||
25 | the actuary, and shall be
expressed as a percentage of salary | ||||||
26 | for each such employee. The Board shall
certify the rate to the |
| |||||||
| |||||||
1 | affected municipalities as soon as may be practical.
The | ||||||
2 | employer contributions required under this subsection shall be | ||||||
3 | remitted by
the municipality to the System at the same time and | ||||||
4 | in the same manner as
employee contributions.
| ||||||
5 | (c) Through State fiscal year 1995: The total employer | ||||||
6 | contribution shall
be apportioned among the various funds of | ||||||
7 | the State and other employers,
whether trust, federal, or | ||||||
8 | other funds, in accordance with actuarial procedures
approved | ||||||
9 | by the Board. State of Illinois contributions for employers | ||||||
10 | receiving
State appropriations for personal services shall be | ||||||
11 | payable from appropriations
made to the employers or to the | ||||||
12 | System. The contributions for Class I
community colleges | ||||||
13 | covering earnings other than those paid from trust and
federal | ||||||
14 | funds, shall be payable solely from appropriations to the | ||||||
15 | Illinois
Community College Board or the System for employer | ||||||
16 | contributions.
| ||||||
17 | (d) Beginning in State fiscal year 1996, the required | ||||||
18 | State contributions
to the System shall be appropriated | ||||||
19 | directly to the System and shall be payable
through vouchers | ||||||
20 | issued in accordance with subsection (c) of Section 15-165, | ||||||
21 | except as provided in subsection (g).
| ||||||
22 | (e) The State Comptroller shall draw warrants payable to | ||||||
23 | the System upon
proper certification by the System or by the | ||||||
24 | employer in accordance with the
appropriation laws and this | ||||||
25 | Code.
| ||||||
26 | (f) Normal costs under this Section means liability for
|
| |||||||
| |||||||
1 | pensions and other benefits which accrues to the System | ||||||
2 | because of the
credits earned for service rendered by the | ||||||
3 | participants during the
fiscal year and expenses of | ||||||
4 | administering the System, but shall not
include the principal | ||||||
5 | of or any redemption premium or interest on any bonds
issued by | ||||||
6 | the Board or any expenses incurred or deposits required in
| ||||||
7 | connection therewith.
| ||||||
8 | (g) If June 4, 2018 (Public Act 100-587) the amount of a | ||||||
9 | participant's earnings for any academic year used to determine | ||||||
10 | the final rate of earnings, determined on a full-time | ||||||
11 | equivalent basis, exceeds the amount of his or her earnings | ||||||
12 | with the same employer for the previous academic year, | ||||||
13 | determined on a full-time equivalent basis, by more than 6%, | ||||||
14 | the participant's employer shall pay to the System, in | ||||||
15 | addition to all other payments required under this Section and | ||||||
16 | in accordance with guidelines established by the System, the | ||||||
17 | present value of the increase in benefits resulting from the | ||||||
18 | portion of the increase in earnings that is in excess of 6%. | ||||||
19 | This present value shall be computed by the System on the basis | ||||||
20 | of the actuarial assumptions and tables used in the most | ||||||
21 | recent actuarial valuation of the System that is available at | ||||||
22 | the time of the computation. The System may require the | ||||||
23 | employer to provide any pertinent information or | ||||||
24 | documentation. | ||||||
25 | Whenever it determines that a payment is or may be | ||||||
26 | required under this subsection (g), the System shall calculate |
| |||||||
| |||||||
1 | the amount of the payment and bill the employer for that | ||||||
2 | amount. The bill shall specify the calculations used to | ||||||
3 | determine the amount due. If the employer disputes the amount | ||||||
4 | of the bill, it may, within 30 days after receipt of the bill, | ||||||
5 | apply to the System in writing for a recalculation. The | ||||||
6 | application must specify in detail the grounds of the dispute | ||||||
7 | and, if the employer asserts that the calculation is subject | ||||||
8 | to subsection (h) or (i) of this Section, must include an | ||||||
9 | affidavit setting forth and attesting to all facts within the | ||||||
10 | employer's knowledge that are pertinent to the applicability | ||||||
11 | of that subsection. Upon receiving a timely application for | ||||||
12 | recalculation, the System shall review the application and, if | ||||||
13 | appropriate, recalculate the amount due.
| ||||||
14 | The employer contributions required under this subsection | ||||||
15 | (g) may be paid in the form of a lump sum within 90 days after | ||||||
16 | receipt of the bill. If the employer contributions are not | ||||||
17 | paid within 90 days after receipt of the bill, then interest | ||||||
18 | will be charged at a rate equal to the System's annual | ||||||
19 | actuarially assumed rate of return on investment compounded | ||||||
20 | annually from the 91st day after receipt of the bill. Payments | ||||||
21 | must be concluded within 3 years after the employer's receipt | ||||||
22 | of the bill. | ||||||
23 | When assessing payment for any amount due under this | ||||||
24 | subsection (g), the System shall include earnings, to the | ||||||
25 | extent not established by a participant under Section | ||||||
26 | 15-113.11 or 15-113.12, that would have been paid to the |
| |||||||
| |||||||
1 | participant had the participant not taken (i) periods of | ||||||
2 | voluntary or involuntary furlough occurring on or after July | ||||||
3 | 1, 2015 and on or before June 30, 2017 or (ii) periods of | ||||||
4 | voluntary pay reduction in lieu of furlough occurring on or | ||||||
5 | after July 1, 2015 and on or before June 30, 2017. Determining | ||||||
6 | earnings that would have been paid to a participant had the | ||||||
7 | participant not taken periods of voluntary or involuntary | ||||||
8 | furlough or periods of voluntary pay reduction shall be the | ||||||
9 | responsibility of the employer, and shall be reported in a | ||||||
10 | manner prescribed by the System. | ||||||
11 | This subsection (g) does not apply to (1) Tier 2 hybrid | ||||||
12 | plan members and (2) Tier 2 defined benefit members who first | ||||||
13 | participate under this Article on or after the implementation | ||||||
14 | date of the Optional Hybrid Plan. | ||||||
15 | (g-1) (Blank). June 4, 2018 (Public Act 100-587) | ||||||
16 | (h) This subsection (h) applies only to payments made or | ||||||
17 | salary increases given on or after June 1, 2005 but before July | ||||||
18 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
19 | require the System to refund any payments received before July | ||||||
20 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
21 | When assessing payment for any amount due under subsection | ||||||
22 | (g), the System shall exclude earnings increases paid to | ||||||
23 | participants under contracts or collective bargaining | ||||||
24 | agreements entered into, amended, or renewed before June 1, | ||||||
25 | 2005.
| ||||||
26 | When assessing payment for any amount due under subsection |
| |||||||
| |||||||
1 | (g), the System shall exclude earnings increases paid to a | ||||||
2 | participant at a time when the participant is 10 or more years | ||||||
3 | from retirement eligibility under Section 15-135.
| ||||||
4 | When assessing payment for any amount due under subsection | ||||||
5 | (g), the System shall exclude earnings increases resulting | ||||||
6 | from overload work, including a contract for summer teaching, | ||||||
7 | or overtime when the employer has certified to the System, and | ||||||
8 | the System has approved the certification, that: (i) in the | ||||||
9 | case of overloads (A) the overload work is for the sole purpose | ||||||
10 | of academic instruction in excess of the standard number of | ||||||
11 | instruction hours for a full-time employee occurring during | ||||||
12 | the academic year that the overload is paid and (B) the | ||||||
13 | earnings increases are equal to or less than the rate of pay | ||||||
14 | for academic instruction computed using the participant's | ||||||
15 | current salary rate and work schedule; and (ii) in the case of | ||||||
16 | overtime, the overtime was necessary for the educational | ||||||
17 | mission. | ||||||
18 | When assessing payment for any amount due under subsection | ||||||
19 | (g), the System shall exclude any earnings increase resulting | ||||||
20 | from (i) a promotion for which the employee moves from one | ||||||
21 | classification to a higher classification under the State | ||||||
22 | Universities Civil Service System, (ii) a promotion in | ||||||
23 | academic rank for a tenured or tenure-track faculty position, | ||||||
24 | or (iii) a promotion that the Illinois Community College Board | ||||||
25 | has recommended in accordance with subsection (k) of this | ||||||
26 | Section. These earnings increases shall be excluded only if |
| |||||||
| |||||||
1 | the promotion is to a position that has existed and been filled | ||||||
2 | by a member for no less than one complete academic year and the | ||||||
3 | earnings increase as a result of the promotion is an increase | ||||||
4 | that results in an amount no greater than the average salary | ||||||
5 | paid for other similar positions. | ||||||
6 | (i) When assessing payment for any amount due under | ||||||
7 | subsection (g), the System shall exclude any salary increase | ||||||
8 | described in subsection (h) of this Section given on or after | ||||||
9 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
10 | collective bargaining agreement entered into, amended, or | ||||||
11 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
12 | Notwithstanding any other provision of this Section, any | ||||||
13 | payments made or salary increases given after June 30, 2014 | ||||||
14 | shall be used in assessing payment for any amount due under | ||||||
15 | subsection (g) of this Section.
| ||||||
16 | (j) The System shall prepare a report and file copies of | ||||||
17 | the report with the Governor and the General Assembly by | ||||||
18 | January 1, 2007 that contains all of the following | ||||||
19 | information: | ||||||
20 | (1) The number of recalculations required by the | ||||||
21 | changes made to this Section by Public Act 94-1057 for | ||||||
22 | each employer. | ||||||
23 | (2) The dollar amount by which each employer's | ||||||
24 | contribution to the System was changed due to | ||||||
25 | recalculations required by Public Act 94-1057. | ||||||
26 | (3) The total amount the System received from each |
| |||||||
| |||||||
1 | employer as a result of the changes made to this Section by | ||||||
2 | Public Act 94-4. | ||||||
3 | (4) The increase in the required State contribution | ||||||
4 | resulting from the changes made to this Section by Public | ||||||
5 | Act 94-1057. | ||||||
6 | (j-5) For State fiscal years beginning on or after July 1, | ||||||
7 | 2017, if the amount of a participant's earnings for any State | ||||||
8 | fiscal year exceeds the amount of the salary set by law for the | ||||||
9 | Governor that is in effect on July 1 of that fiscal year, the | ||||||
10 | participant's employer shall pay to the System, in addition to | ||||||
11 | all other payments required under this Section and in | ||||||
12 | accordance with guidelines established by the System, an | ||||||
13 | amount determined by the System to be equal to the employer | ||||||
14 | normal cost, as established by the System and expressed as a | ||||||
15 | total percentage of payroll, multiplied by the amount of | ||||||
16 | earnings in excess of the amount of the salary set by law for | ||||||
17 | the Governor. This amount shall be computed by the System on | ||||||
18 | the basis of the actuarial assumptions and tables used in the | ||||||
19 | most recent actuarial valuation of the System that is | ||||||
20 | available at the time of the computation. The System may | ||||||
21 | require the employer to provide any pertinent information or | ||||||
22 | documentation. | ||||||
23 | Whenever it determines that a payment is or may be | ||||||
24 | required under this subsection, the System shall calculate the | ||||||
25 | amount of the payment and bill the employer for that amount. | ||||||
26 | The bill shall specify the calculation used to determine the |
| |||||||
| |||||||
1 | amount due. If the employer disputes the amount of the bill, it | ||||||
2 | may, within 30 days after receipt of the bill, apply to the | ||||||
3 | System in writing for a recalculation. The application must | ||||||
4 | specify in detail the grounds of the dispute. Upon receiving a | ||||||
5 | timely application for recalculation, the System shall review | ||||||
6 | the application and, if appropriate, recalculate the amount | ||||||
7 | due. | ||||||
8 | The employer contributions required under this subsection | ||||||
9 | may be paid in the form of a lump sum within 90 days after | ||||||
10 | issuance of the bill. If the employer contributions are not | ||||||
11 | paid within 90 days after issuance of the bill, then interest | ||||||
12 | will be charged at a rate equal to the System's annual | ||||||
13 | actuarially assumed rate of return on investment compounded | ||||||
14 | annually from the 91st day after issuance of the bill. All | ||||||
15 | payments must be received within 3 years after issuance of the | ||||||
16 | bill. If the employer fails to make complete payment, | ||||||
17 | including applicable interest, within 3 years, then the System | ||||||
18 | may, after giving notice to the employer, certify the | ||||||
19 | delinquent amount to the State Comptroller, and the | ||||||
20 | Comptroller shall thereupon deduct the certified delinquent | ||||||
21 | amount from State funds payable to the employer and pay them | ||||||
22 | instead to the System. | ||||||
23 | This subsection (j-5) does not apply to a participant's | ||||||
24 | earnings to the extent an employer pays the employer normal | ||||||
25 | cost of such earnings. | ||||||
26 | The changes made to this subsection (j-5) by Public Act |
| |||||||
| |||||||
1 | 100-624 are intended to apply retroactively to July 6, 2017 | ||||||
2 | (the effective date of Public Act 100-23). | ||||||
3 | (k) The Illinois Community College Board shall adopt rules | ||||||
4 | for recommending lists of promotional positions submitted to | ||||||
5 | the Board by community colleges and for reviewing the | ||||||
6 | promotional lists on an annual basis. When recommending | ||||||
7 | promotional lists, the Board shall consider the similarity of | ||||||
8 | the positions submitted to those positions recognized for | ||||||
9 | State universities by the State Universities Civil Service | ||||||
10 | System. The Illinois Community College Board shall file a copy | ||||||
11 | of its findings with the System. The System shall consider the | ||||||
12 | findings of the Illinois Community College Board when making | ||||||
13 | determinations under this Section. The System shall not | ||||||
14 | exclude any earnings increases resulting from a promotion when | ||||||
15 | the promotion was not submitted by a community college. | ||||||
16 | Nothing in this subsection (k) shall require any community | ||||||
17 | college to submit any information to the Community College | ||||||
18 | Board.
| ||||||
19 | (l) For purposes of determining the required State | ||||||
20 | contribution to the System, the value of the System's assets | ||||||
21 | shall be equal to the actuarial value of the System's assets, | ||||||
22 | which shall be calculated as follows: | ||||||
23 | As of June 30, 2008, the actuarial value of the System's | ||||||
24 | assets shall be equal to the market value of the assets as of | ||||||
25 | that date. In determining the actuarial value of the System's | ||||||
26 | assets for fiscal years after June 30, 2008, any actuarial |
| |||||||
| |||||||
1 | gains or losses from investment return incurred in a fiscal | ||||||
2 | year shall be recognized in equal annual amounts over the | ||||||
3 | 5-year period following that fiscal year. | ||||||
4 | (m) For purposes of determining the required State | ||||||
5 | contribution to the system for a particular year, the | ||||||
6 | actuarial value of assets shall be assumed to earn a rate of | ||||||
7 | return equal to the system's actuarially assumed rate of | ||||||
8 | return. | ||||||
9 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
10 | 100-624, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff. | ||||||
11 | 7-12-19; revised 8-6-19.)
| ||||||
12 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
13 | Sec. 16-158. Contributions by State and other employing | ||||||
14 | units.
| ||||||
15 | (a) The State shall make contributions to the System by | ||||||
16 | means of
appropriations from the Common School Fund and other | ||||||
17 | State funds of amounts
which, together with other employer | ||||||
18 | contributions, employee contributions,
investment income, and | ||||||
19 | other income, will be sufficient to meet the cost of
| ||||||
20 | maintaining and administering the System on a 90% funded basis | ||||||
21 | in accordance
with actuarial recommendations.
| ||||||
22 | The Board shall determine the amount of State | ||||||
23 | contributions required for
each fiscal year on the basis of | ||||||
24 | the actuarial tables and other assumptions
adopted by the | ||||||
25 | Board and the recommendations of the actuary, using the |
| |||||||
| |||||||
1 | formula
in subsection (b-3).
| ||||||
2 | (a-1) Annually, on or before November 15 until November | ||||||
3 | 15, 2011, the Board shall certify to the
Governor the amount of | ||||||
4 | the required State contribution for the coming fiscal
year. | ||||||
5 | The certification under this subsection (a-1) shall include a | ||||||
6 | copy of the actuarial recommendations
upon which it is based | ||||||
7 | and shall specifically identify the System's projected State | ||||||
8 | normal cost for that fiscal year.
| ||||||
9 | On or before May 1, 2004, the Board shall recalculate and | ||||||
10 | recertify to
the Governor the amount of the required State | ||||||
11 | contribution to the System for
State fiscal year 2005, taking | ||||||
12 | into account the amounts appropriated to and
received by the | ||||||
13 | System under subsection (d) of Section 7.2 of the General
| ||||||
14 | Obligation Bond Act.
| ||||||
15 | On or before July 1, 2005, the Board shall recalculate and | ||||||
16 | recertify
to the Governor the amount of the required State
| ||||||
17 | contribution to the System for State fiscal year 2006, taking | ||||||
18 | into account the changes in required State contributions made | ||||||
19 | by Public Act 94-4.
| ||||||
20 | On or before April 1, 2011, the Board shall recalculate | ||||||
21 | and recertify to the Governor the amount of the required State | ||||||
22 | contribution to the System for State fiscal year 2011, | ||||||
23 | applying the changes made by Public Act 96-889 to the System's | ||||||
24 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
25 | 96-889 was approved on that date. | ||||||
26 | (a-5) On or before November 1 of each year, beginning |
| |||||||
| |||||||
1 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
2 | the Governor, and the General Assembly a proposed | ||||||
3 | certification of the amount of the required State contribution | ||||||
4 | to the System for the next fiscal year, along with all of the | ||||||
5 | actuarial assumptions, calculations, and data upon which that | ||||||
6 | proposed certification is based. On or before January 1 of | ||||||
7 | each year, beginning January 1, 2013, the State Actuary shall | ||||||
8 | issue a preliminary report concerning the proposed | ||||||
9 | certification and identifying, if necessary, recommended | ||||||
10 | changes in actuarial assumptions that the Board must consider | ||||||
11 | before finalizing its certification of the required State | ||||||
12 | contributions. On or before January 15, 2013 and each January | ||||||
13 | 15 thereafter, the Board shall certify to the Governor and the | ||||||
14 | General Assembly the amount of the required State contribution | ||||||
15 | for the next fiscal year. The Board's certification must note | ||||||
16 | any deviations from the State Actuary's recommended changes, | ||||||
17 | the reason or reasons for not following the State Actuary's | ||||||
18 | recommended changes, and the fiscal impact of not following | ||||||
19 | the State Actuary's recommended changes on the required State | ||||||
20 | contribution. | ||||||
21 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
22 | and recertify to the State Actuary, the Governor, and the | ||||||
23 | General Assembly the amount of the State contribution to the | ||||||
24 | System for State fiscal year 2018, taking into account the | ||||||
25 | changes in required State contributions made by Public Act | ||||||
26 | 100-23. The State Actuary shall review the assumptions and |
| |||||||
| |||||||
1 | valuations underlying the Board's revised certification and | ||||||
2 | issue a preliminary report concerning the proposed | ||||||
3 | recertification and identifying, if necessary, recommended | ||||||
4 | changes in actuarial assumptions that the Board must consider | ||||||
5 | before finalizing its certification of the required State | ||||||
6 | contributions. The Board's final certification must note any | ||||||
7 | deviations from the State Actuary's recommended changes, the | ||||||
8 | reason or reasons for not following the State Actuary's | ||||||
9 | recommended changes, and the fiscal impact of not following | ||||||
10 | the State Actuary's recommended changes on the required State | ||||||
11 | contribution. | ||||||
12 | (a-15) On or after June 15, 2019, but no later than June | ||||||
13 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
14 | Governor and the General Assembly the amount of the State | ||||||
15 | contribution to the System for State fiscal year 2019, taking | ||||||
16 | into account the changes in required State contributions made | ||||||
17 | by Public Act 100-587. The recalculation shall be made using | ||||||
18 | assumptions adopted by the Board for the original fiscal year | ||||||
19 | 2019 certification. The monthly voucher for the 12th month of | ||||||
20 | fiscal year 2019 shall be paid by the Comptroller after the | ||||||
21 | recertification required pursuant to this subsection is | ||||||
22 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
23 | The recertification submitted to the General Assembly shall be | ||||||
24 | filed with the Clerk of the House of Representatives and the | ||||||
25 | Secretary of the Senate in electronic form only, in the manner | ||||||
26 | that the Clerk and the Secretary shall direct. |
| |||||||
| |||||||
1 | (b) Through State fiscal year 1995, the State | ||||||
2 | contributions shall be
paid to the System in accordance with | ||||||
3 | Section 18-7 of the School Code.
| ||||||
4 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
5 | of each month,
or as soon thereafter as may be practicable, the | ||||||
6 | Board shall submit vouchers
for payment of State contributions | ||||||
7 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
8 | required annual State contribution certified under
subsection | ||||||
9 | (a-1).
From March 5, 2004 (the
effective date of Public Act | ||||||
10 | 93-665)
through June 30, 2004, the Board shall not submit | ||||||
11 | vouchers for the
remainder of fiscal year 2004 in excess of the | ||||||
12 | fiscal year 2004
certified contribution amount determined | ||||||
13 | under this Section
after taking into consideration the | ||||||
14 | transfer to the System
under subsection (a) of Section 6z-61 | ||||||
15 | of the State Finance Act.
These vouchers shall be paid by the | ||||||
16 | State Comptroller and
Treasurer by warrants drawn on the funds | ||||||
17 | appropriated to the System for that
fiscal year.
| ||||||
18 | If in any month the amount remaining unexpended from all | ||||||
19 | other appropriations
to the System for the applicable fiscal | ||||||
20 | year (including the appropriations to
the System under Section | ||||||
21 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
22 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
23 | amount
lawfully vouchered under this subsection, the | ||||||
24 | difference shall be paid from the
Common School Fund under the | ||||||
25 | continuing appropriation authority provided in
Section 1.1 of | ||||||
26 | the State Pension Funds Continuing Appropriation Act.
|
| |||||||
| |||||||
1 | (b-2) Allocations from the Common School Fund apportioned | ||||||
2 | to school
districts not coming under this System shall not be | ||||||
3 | diminished or affected by
the provisions of this Article.
| ||||||
4 | (b-3) For State fiscal years 2012 through 2045, the | ||||||
5 | minimum contribution
to the System to be made by the State for | ||||||
6 | each fiscal year shall be an amount
determined by the System to | ||||||
7 | be sufficient to bring the total assets of the
System up to 90% | ||||||
8 | of the total actuarial liabilities of the System by the end of
| ||||||
9 | State fiscal year 2045. In making these determinations, the | ||||||
10 | required State
contribution shall be calculated each year as a | ||||||
11 | level percentage of payroll
over the years remaining to and | ||||||
12 | including fiscal year 2045 and shall be
determined under the | ||||||
13 | projected unit credit actuarial cost method.
| ||||||
14 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
15 | State shall make an additional contribution to the System | ||||||
16 | equal to 2% of the total payroll of each employee who is deemed | ||||||
17 | to have elected the benefits under Section 1-161 or who has | ||||||
18 | made the election under subsection (c) of Section 1-161. | ||||||
19 | A change in an actuarial or investment assumption that | ||||||
20 | increases or
decreases the required State contribution and | ||||||
21 | first
applies in State fiscal year 2018 or thereafter shall be
| ||||||
22 | implemented in equal annual amounts over a 5-year period
| ||||||
23 | beginning in the State fiscal year in which the actuarial
| ||||||
24 | change first applies to the required State contribution. | ||||||
25 | A change in an actuarial or investment assumption that | ||||||
26 | increases or
decreases the required State contribution and |
| |||||||
| |||||||
1 | first
applied to the State contribution in fiscal year 2014, | ||||||
2 | 2015, 2016, or 2017 shall be
implemented: | ||||||
3 | (i) as already applied in State fiscal years before | ||||||
4 | 2018; and | ||||||
5 | (ii) in the portion of the 5-year period beginning in | ||||||
6 | the State fiscal year in which the actuarial
change first | ||||||
7 | applied that occurs in State fiscal year 2018 or | ||||||
8 | thereafter, by calculating the change in equal annual | ||||||
9 | amounts over that 5-year period and then implementing it | ||||||
10 | at the resulting annual rate in each of the remaining | ||||||
11 | fiscal years in that 5-year period. | ||||||
12 | For State fiscal years 1996 through 2005, the State | ||||||
13 | contribution to the
System, as a percentage of the applicable | ||||||
14 | employee payroll, shall be increased
in equal annual | ||||||
15 | increments so that by State fiscal year 2011, the State is
| ||||||
16 | contributing at the rate required under this Section; except | ||||||
17 | that in the
following specified State fiscal years, the State | ||||||
18 | contribution to the System
shall not be less than the | ||||||
19 | following indicated percentages of the applicable
employee | ||||||
20 | payroll, even if the indicated percentage will produce a State
| ||||||
21 | contribution in excess of the amount otherwise required under | ||||||
22 | this subsection
and subsection (a), and notwithstanding any | ||||||
23 | contrary certification made under
subsection (a-1) before May | ||||||
24 | 27, 1998 (the effective date of Public Act 90-582):
10.02% in | ||||||
25 | FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY | ||||||
26 | 2002;
12.86% in FY 2003; and
13.56% in FY 2004.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the | ||||||
2 | total required State
contribution for State fiscal year 2006 | ||||||
3 | is $534,627,700.
| ||||||
4 | Notwithstanding any other provision of this Article, the | ||||||
5 | total required State
contribution for State fiscal year 2007 | ||||||
6 | is $738,014,500.
| ||||||
7 | For each of State fiscal years 2008 through 2009, the | ||||||
8 | State contribution to
the System, as a percentage of the | ||||||
9 | applicable employee payroll, shall be
increased in equal | ||||||
10 | annual increments from the required State contribution for | ||||||
11 | State fiscal year 2007, so that by State fiscal year 2011, the
| ||||||
12 | State is contributing at the rate otherwise required under | ||||||
13 | this Section.
| ||||||
14 | Notwithstanding any other provision of this Article, the | ||||||
15 | total required State contribution for State fiscal year 2010 | ||||||
16 | is $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
17 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
18 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
19 | expenses determined by the System's share of total bond | ||||||
20 | proceeds, (ii) any amounts received from the Common School | ||||||
21 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
22 | proceeds due to the issuance of discounted bonds, if | ||||||
23 | applicable. | ||||||
24 | Notwithstanding any other provision of this Article, the
| ||||||
25 | total required State contribution for State fiscal year 2011 | ||||||
26 | is
the amount recertified by the System on or before April 1, |
| |||||||
| |||||||
1 | 2011 pursuant to subsection (a-1) of this Section and shall be | ||||||
2 | made from the proceeds of bonds
sold in fiscal year 2011 | ||||||
3 | pursuant to Section 7.2 of the General
Obligation Bond Act, | ||||||
4 | less (i) the pro rata share of bond sale
expenses determined by | ||||||
5 | the System's share of total bond
proceeds, (ii) any amounts | ||||||
6 | received from the Common School Fund
in fiscal year 2011, and | ||||||
7 | (iii) any reduction in bond proceeds
due to the issuance of | ||||||
8 | discounted bonds, if applicable. This amount shall include, in | ||||||
9 | addition to the amount certified by the System, an amount | ||||||
10 | necessary to meet employer contributions required by the State | ||||||
11 | as an employer under paragraph (e) of this Section, which may | ||||||
12 | also be used by the System for contributions required by | ||||||
13 | paragraph (a) of Section 16-127. | ||||||
14 | Beginning in State fiscal year 2046, the minimum State | ||||||
15 | contribution for
each fiscal year shall be the amount needed | ||||||
16 | to maintain the total assets of
the System at 90% of the total | ||||||
17 | actuarial liabilities of the System.
| ||||||
18 | Amounts received by the System pursuant to Section 25 of | ||||||
19 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
20 | Finance Act in any fiscal year do not reduce and do not | ||||||
21 | constitute payment of any portion of the minimum State | ||||||
22 | contribution required under this Article in that fiscal year. | ||||||
23 | Such amounts shall not reduce, and shall not be included in the | ||||||
24 | calculation of, the required State contributions under this | ||||||
25 | Article in any future year until the System has reached a | ||||||
26 | funding ratio of at least 90%. A reference in this Article to |
| |||||||
| |||||||
1 | the "required State contribution" or any substantially similar | ||||||
2 | term does not include or apply to any amounts payable to the | ||||||
3 | System under Section 25 of the Budget Stabilization Act. | ||||||
4 | Notwithstanding any other provision of this Section, the | ||||||
5 | required State
contribution for State fiscal year 2005 and for | ||||||
6 | fiscal year 2008 and each fiscal year thereafter, as
| ||||||
7 | calculated under this Section and
certified under subsection | ||||||
8 | (a-1), shall not exceed an amount equal to (i) the
amount of | ||||||
9 | the required State contribution that would have been | ||||||
10 | calculated under
this Section for that fiscal year if the | ||||||
11 | System had not received any payments
under subsection (d) of | ||||||
12 | Section 7.2 of the General Obligation Bond Act, minus
(ii) the | ||||||
13 | portion of the State's total debt service payments for that | ||||||
14 | fiscal
year on the bonds issued in fiscal year 2003 for the | ||||||
15 | purposes of that Section 7.2, as determined
and certified by | ||||||
16 | the Comptroller, that is the same as the System's portion of
| ||||||
17 | the total moneys distributed under subsection (d) of Section | ||||||
18 | 7.2 of the General
Obligation Bond Act. In determining this | ||||||
19 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
20 | amount referred to in item (i) shall be increased, as a | ||||||
21 | percentage of the applicable employee payroll, in equal | ||||||
22 | increments calculated from the sum of the required State | ||||||
23 | contribution for State fiscal year 2007 plus the applicable | ||||||
24 | portion of the State's total debt service payments for fiscal | ||||||
25 | year 2007 on the bonds issued in fiscal year 2003 for the | ||||||
26 | purposes of Section 7.2 of the General
Obligation Bond Act, so |
| |||||||
| |||||||
1 | that, by State fiscal year 2011, the
State is contributing at | ||||||
2 | the rate otherwise required under this Section.
| ||||||
3 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
4 | this Article shall pay to the System a required contribution | ||||||
5 | determined as a percentage of projected payroll and sufficient | ||||||
6 | to produce an annual amount equal to: | ||||||
7 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
8 | defined benefit normal cost of the defined benefit plan, | ||||||
9 | less the employee contribution, for each employee of that | ||||||
10 | employer who has elected or who is deemed to have elected | ||||||
11 | the benefits under Section 1-161 or who has made the | ||||||
12 | election under subsection (b) of Section 1-161; for fiscal | ||||||
13 | year 2021 and each fiscal year thereafter, the defined | ||||||
14 | benefit normal cost of the defined benefit plan, less the | ||||||
15 | employee contribution, plus 2%, for each employee of that | ||||||
16 | employer who has elected or who is deemed to have elected | ||||||
17 | the benefits under Section 1-161 or who has made the | ||||||
18 | election under subsection (b) of Section 1-161; plus | ||||||
19 | (ii) the amount required for that fiscal year to | ||||||
20 | amortize any unfunded actuarial accrued liability | ||||||
21 | associated with the present value of liabilities | ||||||
22 | attributable to the employer's account under Section | ||||||
23 | 16-158.3, determined
as a level percentage of payroll over | ||||||
24 | a 30-year rolling amortization period. | ||||||
25 | In determining contributions required under item (i) of | ||||||
26 | this subsection, the System shall determine an aggregate rate |
| |||||||
| |||||||
1 | for all employers, expressed as a percentage of projected | ||||||
2 | payroll. | ||||||
3 | In determining the contributions required under item (ii) | ||||||
4 | of this subsection, the amount shall be computed by the System | ||||||
5 | on the basis of the actuarial assumptions and tables used in | ||||||
6 | the most recent actuarial valuation of the System that is | ||||||
7 | available at the time of the computation. | ||||||
8 | The contributions required under this subsection (b-4) | ||||||
9 | shall be paid by an employer concurrently with that employer's | ||||||
10 | payroll payment period. The State, as the actual employer of | ||||||
11 | an employee, shall make the required contributions under this | ||||||
12 | subsection. | ||||||
13 | (c) Payment of the required State contributions and of all | ||||||
14 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
15 | other benefits granted
under or assumed by this System, and | ||||||
16 | all expenses in connection with the
administration and | ||||||
17 | operation thereof, are obligations of the State.
| ||||||
18 | If members are paid from special trust or federal funds | ||||||
19 | which are
administered by the employing unit, whether school | ||||||
20 | district or other
unit, the employing unit shall pay to the | ||||||
21 | System from such
funds the full accruing retirement costs | ||||||
22 | based upon that
service, which, beginning July 1, 2017, shall | ||||||
23 | be at a rate, expressed as a percentage of salary, equal to the | ||||||
24 | total employer's normal cost, expressed as a percentage of | ||||||
25 | payroll, as determined by the System. Employer contributions, | ||||||
26 | based on
salary paid to members from federal funds, may be |
| |||||||
| |||||||
1 | forwarded by the distributing
agency of the State of Illinois | ||||||
2 | to the System prior to allocation, in an
amount determined in | ||||||
3 | accordance with guidelines established by such
agency and the | ||||||
4 | System. Any contribution for fiscal year 2015 collected as a | ||||||
5 | result of the change made by Public Act 98-674 shall be | ||||||
6 | considered a State contribution under subsection (b-3) of this | ||||||
7 | Section.
| ||||||
8 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
9 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
10 | employer's normal cost
of benefits based upon the teacher's | ||||||
11 | service, in addition to
employee contributions, as determined | ||||||
12 | by the System. Such employer
contributions shall be forwarded | ||||||
13 | monthly in accordance with guidelines
established by the | ||||||
14 | System.
| ||||||
15 | However, with respect to benefits granted under Section | ||||||
16 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
17 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
18 | (rather than 20%) of the member's
highest annual salary rate | ||||||
19 | for each year of creditable service granted, and
the employer | ||||||
20 | shall also pay the required employee contribution on behalf of
| ||||||
21 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
22 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
23 | 16-106 who is serving in that capacity
while on leave of | ||||||
24 | absence from another employer under this Article shall not
be | ||||||
25 | considered an employee of the employer from which the teacher | ||||||
26 | is on leave.
|
| |||||||
| |||||||
1 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
2 | shall pay to the System an employer contribution computed as | ||||||
3 | follows:
| ||||||
4 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
5 | employer
contribution shall be equal to 0.3% of each | ||||||
6 | teacher's salary.
| ||||||
7 | (2) Beginning July 1, 1999 and thereafter, the | ||||||
8 | employer
contribution shall be equal to 0.58% of each | ||||||
9 | teacher's salary.
| ||||||
10 | The school district or other employing unit may pay these | ||||||
11 | employer
contributions out of any source of funding available | ||||||
12 | for that purpose and
shall forward the contributions to the | ||||||
13 | System on the schedule established
for the payment of member | ||||||
14 | contributions.
| ||||||
15 | These employer contributions are intended to offset a | ||||||
16 | portion of the cost
to the System of the increases in | ||||||
17 | retirement benefits resulting from Public Act 90-582.
| ||||||
18 | Each employer of teachers is entitled to a credit against | ||||||
19 | the contributions
required under this subsection (e) with | ||||||
20 | respect to salaries paid to teachers
for the period January 1, | ||||||
21 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
22 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
23 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
24 | paid to teachers for that
period.
| ||||||
25 | The additional 1% employee contribution required under | ||||||
26 | Section 16-152 by Public Act 90-582
is the responsibility of |
| |||||||
| |||||||
1 | the teacher and not the
teacher's employer, unless the | ||||||
2 | employer agrees, through collective bargaining
or otherwise, | ||||||
3 | to make the contribution on behalf of the teacher.
| ||||||
4 | If an employer is required by a contract in effect on May | ||||||
5 | 1, 1998 between the
employer and an employee organization to | ||||||
6 | pay, on behalf of all its full-time
employees
covered by this | ||||||
7 | Article, all mandatory employee contributions required under
| ||||||
8 | this Article, then the employer shall be excused from paying | ||||||
9 | the employer
contribution required under this subsection (e) | ||||||
10 | for the balance of the term
of that contract. The employer and | ||||||
11 | the employee organization shall jointly
certify to the System | ||||||
12 | the existence of the contractual requirement, in such
form as | ||||||
13 | the System may prescribe. This exclusion shall cease upon the
| ||||||
14 | termination, extension, or renewal of the contract at any time | ||||||
15 | after May 1,
1998.
| ||||||
16 | (f) If June 4, 2018 (Public Act 100-587) the amount of a | ||||||
17 | teacher's salary for any school year used to determine final | ||||||
18 | average salary exceeds the member's annual full-time salary | ||||||
19 | rate with the same employer for the previous school year by | ||||||
20 | more than 6%, the teacher's employer shall pay to the System, | ||||||
21 | in addition to all other payments required under this Section | ||||||
22 | and in accordance with guidelines established by the System, | ||||||
23 | the present value of the increase in benefits resulting from | ||||||
24 | the portion of the increase in salary that is in excess of 6%. | ||||||
25 | This present value shall be computed by the System on the basis | ||||||
26 | of the actuarial assumptions and tables used in the most |
| |||||||
| |||||||
1 | recent actuarial valuation of the System that is available at | ||||||
2 | the time of the computation. If a teacher's salary for the | ||||||
3 | 2005-2006 school year is used to determine final average | ||||||
4 | salary under this subsection (f), then the changes made to | ||||||
5 | this subsection (f) by Public Act 94-1057 shall apply in | ||||||
6 | calculating whether the increase in his or her salary is in | ||||||
7 | excess of 6%. For the purposes of this Section, change in | ||||||
8 | employment under Section 10-21.12 of the School Code on or | ||||||
9 | after June 1, 2005 shall constitute a change in employer. The | ||||||
10 | System may require the employer to provide any pertinent | ||||||
11 | information or documentation.
The changes made to this | ||||||
12 | subsection (f) by Public Act 94-1111 apply without regard to | ||||||
13 | whether the teacher was in service on or after its effective | ||||||
14 | date.
| ||||||
15 | Whenever it determines that a payment is or may be | ||||||
16 | required under this subsection, the System shall calculate the | ||||||
17 | amount of the payment and bill the employer for that amount. | ||||||
18 | The bill shall specify the calculations used to determine the | ||||||
19 | amount due. If the employer disputes the amount of the bill, it | ||||||
20 | may, within 30 days after receipt of the bill, apply to the | ||||||
21 | System in writing for a recalculation. The application must | ||||||
22 | specify in detail the grounds of the dispute and, if the | ||||||
23 | employer asserts that the calculation is subject to subsection | ||||||
24 | (g) or (h) of this Section, must include an affidavit setting | ||||||
25 | forth and attesting to all facts within the employer's | ||||||
26 | knowledge that are pertinent to the applicability of that |
| |||||||
| |||||||
1 | subsection. Upon receiving a timely application for | ||||||
2 | recalculation, the System shall review the application and, if | ||||||
3 | appropriate, recalculate the amount due.
| ||||||
4 | The employer contributions required under this subsection | ||||||
5 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
6 | receipt of the bill. If the employer contributions are not | ||||||
7 | paid within 90 days after receipt of the bill, then interest | ||||||
8 | will be charged at a rate equal to the System's annual | ||||||
9 | actuarially assumed rate of return on investment compounded | ||||||
10 | annually from the 91st day after receipt of the bill. Payments | ||||||
11 | must be concluded within 3 years after the employer's receipt | ||||||
12 | of the bill.
| ||||||
13 | (f-1) (Blank). June 4, 2018 (Public Act 100-587) | ||||||
14 | (g) This subsection (g) applies only to payments made or | ||||||
15 | salary increases given on or after June 1, 2005 but before July | ||||||
16 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
17 | require the System to refund any payments received before
July | ||||||
18 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
19 | When assessing payment for any amount due under subsection | ||||||
20 | (f), the System shall exclude salary increases paid to | ||||||
21 | teachers under contracts or collective bargaining agreements | ||||||
22 | entered into, amended, or renewed before June 1, 2005.
| ||||||
23 | When assessing payment for any amount due under subsection | ||||||
24 | (f), the System shall exclude salary increases paid to a | ||||||
25 | teacher at a time when the teacher is 10 or more years from | ||||||
26 | retirement eligibility under Section 16-132 or 16-133.2.
|
| |||||||
| |||||||
1 | When assessing payment for any amount due under subsection | ||||||
2 | (f), the System shall exclude salary increases resulting from | ||||||
3 | overload work, including summer school, when the school | ||||||
4 | district has certified to the System, and the System has | ||||||
5 | approved the certification, that (i) the overload work is for | ||||||
6 | the sole purpose of classroom instruction in excess of the | ||||||
7 | standard number of classes for a full-time teacher in a school | ||||||
8 | district during a school year and (ii) the salary increases | ||||||
9 | are equal to or less than the rate of pay for classroom | ||||||
10 | instruction computed on the teacher's current salary and work | ||||||
11 | schedule.
| ||||||
12 | When assessing payment for any amount due under subsection | ||||||
13 | (f), the System shall exclude a salary increase resulting from | ||||||
14 | a promotion (i) for which the employee is required to hold a | ||||||
15 | certificate or supervisory endorsement issued by the State | ||||||
16 | Teacher Certification Board that is a different certification | ||||||
17 | or supervisory endorsement than is required for the teacher's | ||||||
18 | previous position and (ii) to a position that has existed and | ||||||
19 | been filled by a member for no less than one complete academic | ||||||
20 | year and the salary increase from the promotion is an increase | ||||||
21 | that results in an amount no greater than the lesser of the | ||||||
22 | average salary paid for other similar positions in the | ||||||
23 | district requiring the same certification or the amount | ||||||
24 | stipulated in the collective bargaining agreement for a | ||||||
25 | similar position requiring the same certification.
| ||||||
26 | When assessing payment for any amount due under subsection |
| |||||||
| |||||||
1 | (f), the System shall exclude any payment to the teacher from | ||||||
2 | the State of Illinois or the State Board of Education over | ||||||
3 | which the employer does not have discretion, notwithstanding | ||||||
4 | that the payment is included in the computation of final | ||||||
5 | average salary.
| ||||||
6 | (h) When assessing payment for any amount due under | ||||||
7 | subsection (f), the System shall exclude any salary increase | ||||||
8 | described in subsection (g) of this Section given on or after | ||||||
9 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
10 | collective bargaining agreement entered into, amended, or | ||||||
11 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
12 | Notwithstanding any other provision of this Section, any | ||||||
13 | payments made or salary increases given after June 30, 2014 | ||||||
14 | shall be used in assessing payment for any amount due under | ||||||
15 | subsection (f) of this Section.
| ||||||
16 | (i) The System shall prepare a report and file copies of | ||||||
17 | the report with the Governor and the General Assembly by | ||||||
18 | January 1, 2007 that contains all of the following | ||||||
19 | information: | ||||||
20 | (1) The number of recalculations required by the | ||||||
21 | changes made to this Section by Public Act 94-1057 for | ||||||
22 | each employer. | ||||||
23 | (2) The dollar amount by which each employer's | ||||||
24 | contribution to the System was changed due to | ||||||
25 | recalculations required by Public Act 94-1057. | ||||||
26 | (3) The total amount the System received from each |
| |||||||
| |||||||
1 | employer as a result of the changes made to this Section by | ||||||
2 | Public Act 94-4. | ||||||
3 | (4) The increase in the required State contribution | ||||||
4 | resulting from the changes made to this Section by Public | ||||||
5 | Act 94-1057.
| ||||||
6 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
7 | if the amount of a participant's salary for any school year | ||||||
8 | exceeds the amount of the salary set for the Governor, the | ||||||
9 | participant's employer shall pay to the System, in addition to | ||||||
10 | all other payments required under this Section and in | ||||||
11 | accordance with guidelines established by the System, an | ||||||
12 | amount determined by the System to be equal to the employer | ||||||
13 | normal cost, as established by the System and expressed as a | ||||||
14 | total percentage of payroll, multiplied by the amount of | ||||||
15 | salary in excess of the amount of the salary set for the | ||||||
16 | Governor. This amount shall be computed by the System on the | ||||||
17 | basis of the actuarial assumptions and tables used in the most | ||||||
18 | recent actuarial valuation of the System that is available at | ||||||
19 | the time of the computation. The System may require the | ||||||
20 | employer to provide any pertinent information or | ||||||
21 | documentation. | ||||||
22 | Whenever it determines that a payment is or may be | ||||||
23 | required under this subsection, the System shall calculate the | ||||||
24 | amount of the payment and bill the employer for that amount. | ||||||
25 | The bill shall specify the calculations used to determine the | ||||||
26 | amount due. If the employer disputes the amount of the bill, it |
| |||||||
| |||||||
1 | may, within 30 days after receipt of the bill, apply to the | ||||||
2 | System in writing for a recalculation. The application must | ||||||
3 | specify in detail the grounds of the dispute. Upon receiving a | ||||||
4 | timely application for recalculation, the System shall review | ||||||
5 | the application and, if appropriate, recalculate the amount | ||||||
6 | due. | ||||||
7 | The employer contributions required under this subsection | ||||||
8 | may be paid in the form of a lump sum within 90 days after | ||||||
9 | receipt of the bill. If the employer contributions are not | ||||||
10 | paid within 90 days after receipt of the bill, then interest | ||||||
11 | will be charged at a rate equal to the System's annual | ||||||
12 | actuarially assumed rate of return on investment compounded | ||||||
13 | annually from the 91st day after receipt of the bill. Payments | ||||||
14 | must be concluded within 3 years after the employer's receipt | ||||||
15 | of the bill. | ||||||
16 | (j) For purposes of determining the required State | ||||||
17 | contribution to the System, the value of the System's assets | ||||||
18 | shall be equal to the actuarial value of the System's assets, | ||||||
19 | which shall be calculated as follows: | ||||||
20 | As of June 30, 2008, the actuarial value of the System's | ||||||
21 | assets shall be equal to the market value of the assets as of | ||||||
22 | that date. In determining the actuarial value of the System's | ||||||
23 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
24 | gains or losses from investment return incurred in a fiscal | ||||||
25 | year shall be recognized in equal annual amounts over the | ||||||
26 | 5-year period following that fiscal year. |
| |||||||
| |||||||
1 | (k) For purposes of determining the required State | ||||||
2 | contribution to the system for a particular year, the | ||||||
3 | actuarial value of assets shall be assumed to earn a rate of | ||||||
4 | return equal to the system's actuarially assumed rate of | ||||||
5 | return. | ||||||
6 | (Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17; | ||||||
7 | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff. | ||||||
8 | 8-14-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; revised | ||||||
9 | 8-13-19.)
| ||||||
10 | (40 ILCS 5/16-190.5) | ||||||
11 | Sec. 16-190.5. Accelerated pension benefit payment in lieu | ||||||
12 | of any pension benefit. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Eligible person" means a person who: | ||||||
15 | (1) has terminated service; | ||||||
16 | (2) has accrued sufficient service credit to be | ||||||
17 | eligible to receive a retirement annuity under this | ||||||
18 | Article; | ||||||
19 | (3) has not received any retirement annuity under this | ||||||
20 | Article; and | ||||||
21 | (4) has not made the election under Section 16-190.6. | ||||||
22 | "Pension benefit" means the benefits under this Article, | ||||||
23 | or Article 1 as it relates to those benefits, including any | ||||||
24 | anticipated annual increases, that an eligible person is | ||||||
25 | entitled to upon attainment of the applicable retirement age. |
| |||||||
| |||||||
1 | "Pension benefit" also includes applicable survivor's or | ||||||
2 | disability benefits. | ||||||
3 | (b) As soon as practical after June 4, 2018 ( the effective | ||||||
4 | date of Public Act 100-587), the System shall calculate, using | ||||||
5 | actuarial tables and other assumptions adopted by the Board, | ||||||
6 | the present value of pension benefits for each eligible person | ||||||
7 | who requests that information and shall offer each eligible | ||||||
8 | person the opportunity to irrevocably elect to receive an | ||||||
9 | amount determined by the System to be equal to 60% of the | ||||||
10 | present value of his or her pension benefits in lieu of | ||||||
11 | receiving any pension benefit. The offer shall specify the | ||||||
12 | dollar amount that the eligible person will receive if he or | ||||||
13 | she so elects and shall expire when a subsequent offer is made | ||||||
14 | to an eligible person. The System shall make a good faith | ||||||
15 | effort to contact every eligible person to notify him or her of | ||||||
16 | the election. | ||||||
17 | Until June 30, 2024, an eligible person may irrevocably | ||||||
18 | elect to receive an accelerated pension benefit payment in the | ||||||
19 | amount that the System offers under this subsection in lieu of | ||||||
20 | receiving any pension benefit. A person who elects to receive | ||||||
21 | an accelerated pension benefit payment under this Section may | ||||||
22 | not elect to proceed under the Retirement Systems Reciprocal | ||||||
23 | Act with respect to service under this Article. | ||||||
24 | (c) A person's creditable service under this Article shall | ||||||
25 | be terminated upon the person's receipt of an accelerated | ||||||
26 | pension benefit payment under this Section, and no other |
| |||||||
| |||||||
1 | benefit shall be paid under this Article based on the | ||||||
2 | terminated creditable service, including any retirement, | ||||||
3 | survivor, or other benefit; except that to the extent that | ||||||
4 | participation, benefits, or premiums under the State Employees | ||||||
5 | Group Insurance Act of 1971 are based on the amount of service | ||||||
6 | credit, the terminated service credit shall be used for that | ||||||
7 | purpose. | ||||||
8 | (d) If a person who has received an accelerated pension | ||||||
9 | benefit payment under this Section returns to active service | ||||||
10 | under this Article, then: | ||||||
11 | (1) Any benefits under the System earned as a result | ||||||
12 | of that return to active service shall be based solely on | ||||||
13 | the person's creditable service arising from the return to | ||||||
14 | active service. | ||||||
15 | (2) The accelerated pension benefit payment may not be | ||||||
16 | repaid to the System, and the terminated creditable | ||||||
17 | service may not under any circumstances be reinstated. | ||||||
18 | (e) As a condition of receiving an accelerated pension | ||||||
19 | benefit payment, the accelerated pension benefit payment must | ||||||
20 | be transferred into a tax qualified retirement plan or | ||||||
21 | account. The accelerated pension benefit payment under this | ||||||
22 | Section may be subject to withholding or payment of applicable | ||||||
23 | taxes, but to the extent permitted by federal law, a person who | ||||||
24 | receives an accelerated pension benefit payment under this | ||||||
25 | Section must direct the System to pay all of that payment as a | ||||||
26 | rollover into another retirement plan or account qualified |
| |||||||
| |||||||
1 | under the Internal Revenue Code of 1986, as amended. | ||||||
2 | (f) Upon receipt of a member's irrevocable election to | ||||||
3 | receive an accelerated pension benefit payment under this | ||||||
4 | Section, the System shall submit a voucher to the Comptroller | ||||||
5 | for payment of the member's accelerated pension benefit | ||||||
6 | payment. The Comptroller shall transfer the amount of the | ||||||
7 | voucher from the State Pension Obligation
Acceleration Bond | ||||||
8 | Fund to the System, and the System shall transfer the amount | ||||||
9 | into the member's eligible retirement plan or qualified | ||||||
10 | account. | ||||||
11 | (g) The Board shall adopt any rules, including emergency | ||||||
12 | rules, necessary to implement this Section. | ||||||
13 | (h) No provision of Public Act 100-587 this amendatory Act | ||||||
14 | of the 100th General Assembly shall be interpreted in a way | ||||||
15 | that would cause the applicable System to cease to be a | ||||||
16 | qualified plan under the Internal Revenue Code of 1986.
| ||||||
17 | (Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19; | ||||||
18 | revised 9-20-19.)
| ||||||
19 | (40 ILCS 5/16-203)
| ||||||
20 | Sec. 16-203. Application and expiration of new benefit | ||||||
21 | increases. | ||||||
22 | (a) As used in this Section, "new benefit increase" means | ||||||
23 | an increase in the amount of any benefit provided under this | ||||||
24 | Article, or an expansion of the conditions of eligibility for | ||||||
25 | any benefit under this Article, that results from an amendment |
| |||||||
| |||||||
1 | to this Code that takes effect after June 1, 2005 (the | ||||||
2 | effective date of Public Act 94-4). "New benefit increase", | ||||||
3 | however, does not include any benefit increase resulting from | ||||||
4 | the changes made to Article 1 or this Article by Public Act | ||||||
5 | 95-910, Public Act 100-23, Public Act 100-587, Public Act | ||||||
6 | 100-743, or Public Act 100-769, Public Act 101-10, or Public | ||||||
7 | Act 101-49 or this amendatory Act of the 101st General | ||||||
8 | Assembly . | ||||||
9 | (b) Notwithstanding any other provision of this Code or | ||||||
10 | any subsequent amendment to this Code, every new benefit | ||||||
11 | increase is subject to this Section and shall be deemed to be | ||||||
12 | granted only in conformance with and contingent upon | ||||||
13 | compliance with the provisions of this Section.
| ||||||
14 | (c) The Public Act enacting a new benefit increase must | ||||||
15 | identify and provide for payment to the System of additional | ||||||
16 | funding at least sufficient to fund the resulting annual | ||||||
17 | increase in cost to the System as it accrues. | ||||||
18 | Every new benefit increase is contingent upon the General | ||||||
19 | Assembly providing the additional funding required under this | ||||||
20 | subsection. The Commission on Government Forecasting and | ||||||
21 | Accountability shall analyze whether adequate additional | ||||||
22 | funding has been provided for the new benefit increase and | ||||||
23 | shall report its analysis to the Public Pension Division of | ||||||
24 | the Department of Insurance. A new benefit increase created by | ||||||
25 | a Public Act that does not include the additional funding | ||||||
26 | required under this subsection is null and void. If the Public |
| |||||||
| |||||||
1 | Pension Division determines that the additional funding | ||||||
2 | provided for a new benefit increase under this subsection is | ||||||
3 | or has become inadequate, it may so certify to the Governor and | ||||||
4 | the State Comptroller and, in the absence of corrective action | ||||||
5 | by the General Assembly, the new benefit increase shall expire | ||||||
6 | at the end of the fiscal year in which the certification is | ||||||
7 | made.
| ||||||
8 | (d) Every new benefit increase shall expire 5 years after | ||||||
9 | its effective date or on such earlier date as may be specified | ||||||
10 | in the language enacting the new benefit increase or provided | ||||||
11 | under subsection (c). This does not prevent the General | ||||||
12 | Assembly from extending or re-creating a new benefit increase | ||||||
13 | by law. | ||||||
14 | (e) Except as otherwise provided in the language creating | ||||||
15 | the new benefit increase, a new benefit increase that expires | ||||||
16 | under this Section continues to apply to persons who applied | ||||||
17 | and qualified for the affected benefit while the new benefit | ||||||
18 | increase was in effect and to the affected beneficiaries and | ||||||
19 | alternate payees of such persons, but does not apply to any | ||||||
20 | other person, including , without limitation , a person who | ||||||
21 | continues in service after the expiration date and did not | ||||||
22 | apply and qualify for the affected benefit while the new | ||||||
23 | benefit increase was in effect.
| ||||||
24 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
25 | 100-743, eff. 8-10-18; 100-769, eff. 8-10-18; 101-10, eff. | ||||||
26 | 6-5-19; 101-49, eff. 7-12-19; 101-81, eff. 7-12-19; revised |
| |||||||
| |||||||
1 | 8-13-19.)
| ||||||
2 | (40 ILCS 5/22C-115) | ||||||
3 | Sec. 22C-115. Board of Trustees of the Fund. | ||||||
4 | (a) No later than February 1, 2020 ( one month after the | ||||||
5 | effective date of Public Act 101-610) this amendatory Act of | ||||||
6 | the 101st General Assembly or as soon thereafter as may be | ||||||
7 | practicable, the Governor shall appoint, by and with the | ||||||
8 | advice and consent of the Senate, a transition board of | ||||||
9 | trustees consisting of 9 members as follows: | ||||||
10 | (1) three members representing municipalities and fire | ||||||
11 | protection districts who are mayors, presidents, chief | ||||||
12 | executive officers, chief financial officers, or other | ||||||
13 | officers, executives, or department heads of | ||||||
14 | municipalities or fire protection districts and appointed | ||||||
15 | from among candidates recommended by the Illinois | ||||||
16 | Municipal League; | ||||||
17 | (2) three members representing participants who are | ||||||
18 | participants and appointed from among candidates | ||||||
19 | recommended by the statewide labor organization | ||||||
20 | representing firefighters employed by at least 85 | ||||||
21 | municipalities that is affiliated with the Illinois State | ||||||
22 | Federation of Labor; | ||||||
23 | (3) one member representing beneficiaries who is a | ||||||
24 | beneficiary and appointed from among the candidate or | ||||||
25 | candidates recommended by the statewide labor organization |
| |||||||
| |||||||
1 | representing firefighters employed by at least 85 | ||||||
2 | municipalities that is affiliated with the Illinois State | ||||||
3 | Federation of Labor; and | ||||||
4 | (4) one member recommended by the Illinois Municipal | ||||||
5 | League; and | ||||||
6 | (5) one member who is a participant recommended by the | ||||||
7 | statewide labor organization representing firefighters | ||||||
8 | employed by at least 85 municipalities and that is | ||||||
9 | affiliated with the Illinois State Federation of Labor. | ||||||
10 | The transition board members shall serve until the initial | ||||||
11 | permanent board members are elected and qualified. | ||||||
12 | The transition board of trustees shall select the | ||||||
13 | chairperson of the transition board of trustees from among the | ||||||
14 | trustees for the duration of the
transition board's tenure. | ||||||
15 | (b) The permanent board of trustees shall consist of 9 | ||||||
16 | members comprised as follows: | ||||||
17 | (1) Three members who are mayors, presidents, chief | ||||||
18 | executive officers, chief financial officers, or other | ||||||
19 | officers, executives, or department heads of | ||||||
20 | municipalities or fire protection districts that have | ||||||
21 | participating pension funds and are elected by the mayors | ||||||
22 | and presidents of municipalities or fire protection | ||||||
23 | districts that have participating pension funds. | ||||||
24 | (2) Three members who are participants of | ||||||
25 | participating pension funds and elected by the | ||||||
26 | participants of participating pension funds. |
| |||||||
| |||||||
1 | (3) One member who is a beneficiary of a participating | ||||||
2 | pension fund and is elected by the beneficiaries of | ||||||
3 | participating pension funds. | ||||||
4 | (4) One member recommended by the Illinois Municipal | ||||||
5 | League who shall be appointed by the Governor with the | ||||||
6 | advice and consent of the Senate. | ||||||
7 | (5) One member recommended by the statewide labor | ||||||
8 | organization representing firefighters employed by at | ||||||
9 | least 85 municipalities and that is affiliated with the | ||||||
10 | Illinois State Federation of Labor who shall be appointed | ||||||
11 | by the Governor with the advice and consent of the Senate. | ||||||
12 | The permanent board of trustees shall select the | ||||||
13 | chairperson of the permanent board of trustees from among the | ||||||
14 | trustees for a term of 2 years. The holder of the office of | ||||||
15 | chairperson shall alternate between a person elected or | ||||||
16 | appointed under item (1) or (4) of this subsection (b) and a | ||||||
17 | person elected or appointed under item (2), (3), or (5) of this | ||||||
18 | subsection (b). | ||||||
19 | (c) Each trustee shall qualify by taking an oath of office | ||||||
20 | before the Secretary of State stating that he or she will | ||||||
21 | diligently and honestly administer the affairs of the board | ||||||
22 | and will not violate or knowingly permit the violation of any | ||||||
23 | provision of this Article. | ||||||
24 | (d) Trustees shall receive no salary for service on the | ||||||
25 | board but shall be reimbursed for travel expenses incurred | ||||||
26 | while on business for the board according to the standards in |
| |||||||
| |||||||
1 | effect for members of the Commission on Government Forecasting | ||||||
2 | and Accountability. | ||||||
3 | A municipality or fire protection district employing a | ||||||
4 | firefighter who is an elected or appointed trustee of the | ||||||
5 | board must allow reasonable time off with compensation for the | ||||||
6 | firefighter to conduct official business related to his or her | ||||||
7 | position on the board, including time for travel. The board | ||||||
8 | shall notify the municipality or fire protection district in | ||||||
9 | advance of the dates, times, and locations of this official | ||||||
10 | business. The Fund shall timely reimburse the municipality or | ||||||
11 | fire protection district for the reasonable costs incurred | ||||||
12 | that are due to the firefighter's absence. | ||||||
13 | (e) No trustee shall have any interest in any brokerage | ||||||
14 | fee, commission, or other profit or gain arising out of any | ||||||
15 | investment directed by the board. This subsection does not | ||||||
16 | preclude ownership by any member of any minority interest in | ||||||
17 | any common stock or any corporate obligation in which an | ||||||
18 | investment is directed by the board. | ||||||
19 | (f) Notwithstanding any provision or interpretation of law | ||||||
20 | to the contrary, any member of the transition board may also be | ||||||
21 | elected or appointed as a member of the permanent board. | ||||||
22 | Notwithstanding any provision or interpretation of law to | ||||||
23 | the contrary, any trustee of a fund established under Article | ||||||
24 | 4 of this Code may also be appointed as a member of the | ||||||
25 | transition board or elected or appointed as a member of the | ||||||
26 | permanent board. |
| |||||||
| |||||||
1 | The restriction in Section 3.1 of the Lobbyist | ||||||
2 | Registration Act shall not apply to a member of the transition | ||||||
3 | board appointed pursuant to items (4) or (5) of subsection (a) | ||||||
4 | or to a member of the permanent board appointed pursuant to | ||||||
5 | items (4) or (5) of subsection (b).
| ||||||
6 | (Source: P.A. 101-610, eff. 1-1-20; revised 8-20-20.)
| ||||||
7 | Section 260. The Local Government Antitrust Exemption Act | ||||||
8 | is amended by changing Section 1 as follows:
| ||||||
9 | (50 ILCS 35/1) (from Ch. 85, par. 2901)
| ||||||
10 | Sec. 1.
(a) The General Assembly declares that it is in the | ||||||
11 | interest of
the people of Illinois that decisions regarding | ||||||
12 | provision of local services
and regulation of local activities | ||||||
13 | should be made at the local level where
possible, to the extent | ||||||
14 | authorized by the General Assembly or the Illinois
| ||||||
15 | Constitution. It is and has long been the policy of the State | ||||||
16 | that such
decisions be made by local government units as | ||||||
17 | authorized by State statute
and the Illinois Constitution. The | ||||||
18 | General Assembly intends that actions
permitted, either | ||||||
19 | expressly or by necessary implication, by State statute
or the | ||||||
20 | Illinois Constitution be considered affirmatively authorized | ||||||
21 | for
subsidiary units of government.
| ||||||
22 | Inasmuch as the grant of home rule home-rule authority in | ||||||
23 | the Illinois Constitution,
Article VII, Section 6 was | ||||||
24 | intentionally made broad so as to avoid unduly
restricting its |
| |||||||
| |||||||
1 | exercise, the scope of the home rule home-rule powers cannot | ||||||
2 | be precisely
described. The General Assembly intends that all | ||||||
3 | actions which are either
(1) granted to home rule home-rule | ||||||
4 | units, whether expressly or by necessary implication
or (2) | ||||||
5 | within traditional areas of local government activity, except | ||||||
6 | as
limited by the Illinois Constitution or a proper limiting | ||||||
7 | statute, be
considered
affirmatively authorized for home rule | ||||||
8 | home-rule units of government.
| ||||||
9 | The General Assembly intends that the "State action | ||||||
10 | exemption" to application
of the federal antitrust laws be | ||||||
11 | fully available to local governments to
the extent their | ||||||
12 | activities are either (1) expressly or by necessary
| ||||||
13 | implication
authorized by Illinois law or (2) within | ||||||
14 | traditional areas of local
governmental
activity.
| ||||||
15 | The "State action exemption" for which provision is made | ||||||
16 | by this
Section shall be liberally construed in favor of local | ||||||
17 | governments, the
agents, employees and officers thereof and | ||||||
18 | such exemption shall be
available notwithstanding that the | ||||||
19 | action of the
municipality or its agents, officers or | ||||||
20 | employees constitutes an irregular
exercise of constitutional | ||||||
21 | or statutory powers. However, this exemption
shall not apply | ||||||
22 | where the action alleged to be in violation of antitrust
law | ||||||
23 | exceeds either (1) powers granted, either expressly or by | ||||||
24 | necessary
implication, by Illinois statute or the Illinois | ||||||
25 | Constitution or (2) powers
granted to a home rule municipality | ||||||
26 | to perform any function pertaining to
its government and |
| |||||||
| |||||||
1 | affairs or to act within traditional areas of municipal
| ||||||
2 | activity, except as limited by the Illinois Constitution or a | ||||||
3 | proper limiting statute.
| ||||||
4 | (b) It is the policy of this State that all powers granted, | ||||||
5 | either
expressly or by necessary implication by any Illinois | ||||||
6 | statute or by the
Illinois Constitution to any Library | ||||||
7 | District, its officers, employees and
agents may be exercised | ||||||
8 | by any such Library District, its officers, agents
and | ||||||
9 | employees notwithstanding effects on competition. It is the | ||||||
10 | intention
of the General Assembly that the "State action | ||||||
11 | exemption" to the
application of federal antitrust statutes be | ||||||
12 | fully available to any such
Library District, its officers, | ||||||
13 | agents and employees to the extent they are
exercising | ||||||
14 | authority pursuant to law.
| ||||||
15 | (c) It is the policy of this State that all powers granted, | ||||||
16 | either
expressly or by necessary implication by any Illinois | ||||||
17 | statute or by the
Illinois Constitution to any Sanitary | ||||||
18 | District, its officers, employees and
agents may be exercised | ||||||
19 | by any Sanitary District, its officers, agents and
employees | ||||||
20 | notwithstanding effects on competition. It is the intention of
| ||||||
21 | the General Assembly that the "State action exemption" to the | ||||||
22 | application
of federal antitrust statutes be fully available | ||||||
23 | to any such Sanitary
District, its officers, agents and | ||||||
24 | employees to the extent they are
exercising authority pursuant | ||||||
25 | to law.
| ||||||
26 | (d) It is the policy of this State that all powers granted, |
| |||||||
| |||||||
1 | either
expressly or by necessary implication by any Illinois | ||||||
2 | statute or by the
Illinois Constitution to any Park District | ||||||
3 | and its officers, employees and
agents may be exercised by any | ||||||
4 | such Park District, its officers, agents and
employees | ||||||
5 | notwithstanding effects on competition. It is the intention of
| ||||||
6 | the General Assembly that the "State action exemption" to the | ||||||
7 | application
of federal antitrust statutes be fully available | ||||||
8 | to any such Park District,
its officers, agents and employees | ||||||
9 | to the extent they are exercising
authority pursuant to law.
| ||||||
10 | (e) Notwithstanding the foregoing, where it is alleged | ||||||
11 | that a
violation of the antitrust laws has occurred, the | ||||||
12 | relief available to the
plaintiffs shall be limited to an | ||||||
13 | injunction which enjoins the alleged activity.
| ||||||
14 | (f) Nothing in this Section is intended to prohibit or | ||||||
15 | limit any cause
of action other than under an antitrust | ||||||
16 | theory.
| ||||||
17 | (Source: P.A. 84-1050; revised 9-20-19.)
| ||||||
18 | Section 265. The Property Assessed Clean Energy Act is | ||||||
19 | amended by changing Sections 15 and 20 as follows:
| ||||||
20 | (50 ILCS 50/15) | ||||||
21 | Sec. 15. Program established. | ||||||
22 | (a) To establish a property assessed clean energy program, | ||||||
23 | the governing body shall adopt a resolution or ordinance that | ||||||
24 | includes all of the following: |
| |||||||
| |||||||
1 | (1) a finding that the financing or refinancing of | ||||||
2 | energy projects is a valid
public purpose; | ||||||
3 | (2) a statement of intent to facilitate access to | ||||||
4 | capital (which may be from one or more program | ||||||
5 | administrators or as otherwise permitted by this Act) to | ||||||
6 | provide funds for energy projects,
which will be repaid by | ||||||
7 | assessments on the property benefited with the agreement | ||||||
8 | of the record owners; | ||||||
9 | (3) a description of the proposed arrangements for | ||||||
10 | financing
the program through the issuance of PACE bonds | ||||||
11 | under or in accordance with Section 35, which PACE bonds | ||||||
12 | may be purchased by one or more capital providers; | ||||||
13 | (4) the types of energy projects that may be financed | ||||||
14 | or refinanced; | ||||||
15 | (5) a description of the territory within the PACE | ||||||
16 | area; | ||||||
17 | (6) a transcript of public comments if any | ||||||
18 | discretionary public hearing on the proposed program was | ||||||
19 | previously held by the governmental unit prior to the | ||||||
20 | consideration of the resolution or ordinance establishing | ||||||
21 | the program; and ; | ||||||
22 | (7) (blank); | ||||||
23 | (7) (8) the report on the proposed program as | ||||||
24 | described in Section 20; for this purpose, the resolution | ||||||
25 | or ordinance may incorporate the report or an
amended | ||||||
26 | version thereof by reference and shall be available for |
| |||||||
| |||||||
1 | public inspection. | ||||||
2 | (9) (blank). | ||||||
3 | (b) A property assessed clean energy program may be | ||||||
4 | amended in accordance with the resolution or ordinance | ||||||
5 | establishing the program.
| ||||||
6 | (Source: P.A. 100-77, eff. 8-11-17; 100-863, eff. 8-14-18; | ||||||
7 | 100-980, eff. 1-1-19; 101-169, eff. 7-29-19; revised 9-20-19.)
| ||||||
8 | (50 ILCS 50/20) | ||||||
9 | Sec. 20. Program report. The report on the proposed | ||||||
10 | program required under Section 15 shall include all of the | ||||||
11 | following: | ||||||
12 | (1) a form of assessment contract between the | ||||||
13 | governmental unit and
record owner governing the terms and | ||||||
14 | conditions of financing and assessment under the
program; | ||||||
15 | (2) identification of one or more officials authorized | ||||||
16 | to enter into an assessment contract
on behalf of the | ||||||
17 | governmental unit; | ||||||
18 | (3) (blank); | ||||||
19 | (4) an application process and eligibility | ||||||
20 | requirements for financing or refinancing energy
projects | ||||||
21 | under the program; | ||||||
22 | (5) a method for determining interest rates on amounts | ||||||
23 | financed or refinanced under assessment contracts,
| ||||||
24 | repayment periods, and the maximum amount of an | ||||||
25 | assessment, if any; |
| |||||||
| |||||||
1 | (6) an explanation of the process for billing and | ||||||
2 | collecting assessments; | ||||||
3 | (7) a plan to finance the program
pursuant to the | ||||||
4 | issuance of PACE bonds under or in accordance with Section | ||||||
5 | 35; | ||||||
6 | (8) information regarding all of the following, to the | ||||||
7 | extent known, or
procedures to determine the following in | ||||||
8 | the future: | ||||||
9 | (A) any revenue source or reserve fund or funds to | ||||||
10 | be used as security for PACE bonds described
in | ||||||
11 | paragraph (7); and | ||||||
12 | (B) any application, administration, or other | ||||||
13 | program fees to be charged
to record owners | ||||||
14 | participating in the program that will be used to
| ||||||
15 | finance and reimburse all or a portion of costs | ||||||
16 | incurred by the governmental unit as a result of its
| ||||||
17 | program; | ||||||
18 | (9) a requirement that the term of an assessment not | ||||||
19 | exceed the useful life of
the energy project financed or | ||||||
20 | refinanced under an assessment contract; provided that an | ||||||
21 | assessment contract financing or refinancing multiple | ||||||
22 | energy projects with varying lengths of useful life may | ||||||
23 | have a term that is calculated in accordance with the | ||||||
24 | principles established by the program report; | ||||||
25 | (10) a requirement for an appropriate ratio of the | ||||||
26 | amount of the assessment
to the greater of any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (A) the value of the property as determined by the | ||||||
3 | office of the county assessor; or | ||||||
4 | (B) the value of the property as determined by an | ||||||
5 | appraisal conducted by a licensed appraiser; | ||||||
6 | (11) a requirement that the record owner of property | ||||||
7 | subject to a mortgage
obtain written consent from the | ||||||
8 | mortgage holder before participating in the program; | ||||||
9 | (12) provisions for marketing and participant | ||||||
10 | education; and | ||||||
11 | (13) (blank); and | ||||||
12 | (14) quality assurance and antifraud measures.
| ||||||
13 | (Source: P.A. 100-77, eff. 8-11-17; 100-980, eff. 1-1-19; | ||||||
14 | 101-169, eff. 7-29-19; revised 9-20-19.)
| ||||||
15 | Section 270. The Governmental Account Audit Act is amended | ||||||
16 | by changing Section 4 as follows:
| ||||||
17 | (50 ILCS 310/4) (from Ch. 85, par. 704)
| ||||||
18 | Sec. 4. Overdue report.
| ||||||
19 | (a) If the required report for a governmental unit is not | ||||||
20 | filed with the
Comptroller in accordance with Section 2 or | ||||||
21 | Section 3, whichever is
applicable, within 180 days after the | ||||||
22 | close of the fiscal year of the
governmental unit, the | ||||||
23 | Comptroller shall notify the governing body of that
unit in | ||||||
24 | writing that the report is due and may also grant a 60-day 60 |
| |||||||
| |||||||
1 | day
extension for the filing of the audit report. If the | ||||||
2 | required report is not
filed within the time specified in such | ||||||
3 | written notice, the Comptroller
shall cause an audit to be | ||||||
4 | made by an a auditor, and the
governmental unit shall pay to | ||||||
5 | the Comptroller actual compensation and
expenses to reimburse | ||||||
6 | him or her for the cost of preparing or completing such
report.
| ||||||
7 | (b) The Comptroller may decline to order an audit and the | ||||||
8 | preparation of
an audit report (i) if an initial examination | ||||||
9 | of the books and records of
the
governmental unit indicates | ||||||
10 | that the books and records of the governmental unit
are | ||||||
11 | inadequate or unavailable due to the passage of time or the | ||||||
12 | occurrence of a
natural disaster or (ii) if the Comptroller | ||||||
13 | determines that the cost of an
audit would impose an | ||||||
14 | unreasonable financial burden on the governmental unit.
| ||||||
15 | (c) The State Comptroller may grant extensions for | ||||||
16 | delinquent audits or reports. The Comptroller may charge a | ||||||
17 | governmental unit a fee for a delinquent audit or report of $5 | ||||||
18 | per day for the first 15 days past due, $10 per day for 16 | ||||||
19 | through 30 days past due, $15 per day for 31 through 45 days | ||||||
20 | past due, and $20 per day for the 46th day and every day | ||||||
21 | thereafter. These amounts may be reduced at the Comptroller's | ||||||
22 | discretion. All fees collected under this subsection (c) shall | ||||||
23 | be deposited into the Comptroller's Administrative Fund. | ||||||
24 | (Source: P.A. 101-419, eff. 1-1-20; revised 11-26-19.)
| ||||||
25 | Section 275. The Local Governmental Acceptance of Credit |
| |||||||
| |||||||
1 | Cards Act is amended by changing Section 15 as follows:
| ||||||
2 | (50 ILCS 345/15)
| ||||||
3 | Sec. 15. Local government credit card acceptance program.
| ||||||
4 | (a) Any unit of local government and any community college | ||||||
5 | district
that
has the authority to accept the payment of funds | ||||||
6 | for any purpose is authorized,
but not required, to accept | ||||||
7 | payment by credit card.
| ||||||
8 | (b) This Act shall be broadly construed to authorize, but | ||||||
9 | not require,
acceptance of credit card payments by all units
| ||||||
10 | of local government and community college districts.
| ||||||
11 | (c) This Act authorizes the acceptance of credit card | ||||||
12 | payments for all types
of authorized obligations.
| ||||||
13 | (d) This Act does not limit the authority of clerks of | ||||||
14 | court to accept
payment by credit card pursuant to the Clerks | ||||||
15 | of Courts Court Act or the Unified Code
of Corrections.
| ||||||
16 | (e) A local governmental entity may not receive and | ||||||
17 | retain, directly or
indirectly, any convenience fee, | ||||||
18 | surcharge, or other fee in excess of the
amount paid in | ||||||
19 | connection with
the credit card transaction. In addition, a | ||||||
20 | financial institution or service
provider may
not pay, refund, | ||||||
21 | rebate, or return, directly or indirectly, to a local
| ||||||
22 | governmental entity for final retention any portion of a | ||||||
23 | surcharge, convenience
fee, or other fee
paid in connection | ||||||
24 | with a credit card transaction.
| ||||||
25 | (Source: P.A. 90-518, eff. 8-22-97; revised 8-20-20.)
|
| |||||||
| |||||||
1 | Section 280. The Local Government Revenue Recapture Act is | ||||||
2 | amended by changing Section 10-15 as follows:
| ||||||
3 | (50 ILCS 355/10-15)
| ||||||
4 | Sec. 10-15. Definitions. As used in this Article: | ||||||
5 | "Audit" means an agreed-upon procedures engagement in | ||||||
6 | accordance with Statements on Standards for the Attestation | ||||||
7 | Engagements (AICPA Professional Standards, AT-C Section 315 | ||||||
8 | (Compliance Attestation Attest )). | ||||||
9 | "Certification program" means an instructional curriculum, | ||||||
10 | examination, and process for certification, recertification, | ||||||
11 | and revocation of certification of certified public | ||||||
12 | accountants that is administered by the Department with the | ||||||
13 | assistance of the Illinois CPA Society and that is officially | ||||||
14 | approved by the Department to ensure that a certified public | ||||||
15 | accountant possesses the necessary skills and abilities to | ||||||
16 | successfully perform an attestation engagement for a | ||||||
17 | limited-scope tax compliance review in a certified audit | ||||||
18 | project under this Act. | ||||||
19 | "Department" means the Department of Revenue. | ||||||
20 | "Family member" means the following, whether by whole | ||||||
21 | blood, half-blood, or adoption: | ||||||
22 | (1) a parent or step-parent; | ||||||
23 | (2) a child or step-child; | ||||||
24 | (3) a grandparent or step-grandparent; |
| |||||||
| |||||||
1 | (4) an aunt, uncle, great-aunt, or great-uncle; | ||||||
2 | (5) a sibling; | ||||||
3 | (6) a spouse or domestic partner; and | ||||||
4 | (7) the spouse or domestic partner of any person | ||||||
5 | referenced in items (1) through (5). | ||||||
6 | "Misallocation" means tax paid by the taxpayer and | ||||||
7 | allocated to one unit of local government that should have | ||||||
8 | been allocated to a different unit of local government. | ||||||
9 | "Misallocation" does not include amounts overpaid by the | ||||||
10 | taxpayer and therefore not owed to any unit of local | ||||||
11 | government, nor amounts underpaid by the taxpayer and | ||||||
12 | therefore not previously allocated to any unit of local | ||||||
13 | government. | ||||||
14 | "Participating taxpayer" means any person subject to the | ||||||
15 | revenue laws administered by the Department who is the subject | ||||||
16 | of a tax compliance referral by a municipality, county, or | ||||||
17 | third party, who enters into an engagement with a qualified | ||||||
18 | practitioner for a limited-scope tax compliance review under | ||||||
19 | this Act, and who is approved by the Department under the local | ||||||
20 | government revenue recapture certified audit pilot project. | ||||||
21 | "Qualified practitioner" means a certified public | ||||||
22 | accountant who is licensed or registered to perform | ||||||
23 | accountancy activities in Illinois under Section 8.05 of the | ||||||
24 | Illinois Public Accounting Act and who has met all | ||||||
25 | requirements for the local government revenue recapture | ||||||
26 | certified audit training course, achieved the required score |
| |||||||
| |||||||
1 | on the certification test as approved by the Department, and | ||||||
2 | been certified by the Department. "Qualified practitioner" | ||||||
3 | does not include a third party, as defined by Section 5-5 of | ||||||
4 | this Act, or any employee, contractual employee, officer, | ||||||
5 | manager, or director thereof, any person or persons owning in | ||||||
6 | the aggregate more than 5% of such third party, or a person who | ||||||
7 | is a family member of any person who is employed by or is an | ||||||
8 | appointed or elected member of any corporate authorities, as | ||||||
9 | defined in the Illinois Municipal Code.
| ||||||
10 | (Source: P.A. 101-628, eff. 6-1-20; revised 8-20-20.)
| ||||||
11 | Section 285. The Illinois Police Training Act is amended | ||||||
12 | by changing Sections 7, 10.2, 10.7, and 10.11 and by setting | ||||||
13 | forth, renumbering, and changing multiple versions of Section | ||||||
14 | 10.23 as follows:
| ||||||
15 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
16 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
17 | adopt rules and
minimum standards for such schools which shall | ||||||
18 | include, but not be limited to,
the following:
| ||||||
19 | a. The curriculum for probationary police officers | ||||||
20 | which shall be
offered by all certified schools shall | ||||||
21 | include, but not be limited to,
courses of procedural | ||||||
22 | justice, arrest and use and control tactics, search and | ||||||
23 | seizure, including temporary questioning, civil rights, | ||||||
24 | human rights, human relations,
cultural competency, |
| |||||||
| |||||||
1 | including implicit bias and racial and ethnic sensitivity,
| ||||||
2 | criminal law, law of criminal procedure, constitutional | ||||||
3 | and proper use of law enforcement authority, vehicle and | ||||||
4 | traffic law including
uniform and non-discriminatory | ||||||
5 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
6 | and accident investigation, techniques of obtaining
| ||||||
7 | physical evidence, court testimonies, statements, reports, | ||||||
8 | firearms
training, training in the use of electronic | ||||||
9 | control devices, including the psychological and | ||||||
10 | physiological effects of the use of those devices on | ||||||
11 | humans, first-aid (including cardiopulmonary | ||||||
12 | resuscitation), training in the administration of opioid | ||||||
13 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
14 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
15 | handling of
juvenile offenders, recognition of
mental | ||||||
16 | conditions and crises, including, but not limited to, the | ||||||
17 | disease of addiction, which require immediate assistance | ||||||
18 | and response and methods to
safeguard and provide | ||||||
19 | assistance to a person in need of mental
treatment, | ||||||
20 | recognition of abuse, neglect, financial exploitation, and | ||||||
21 | self-neglect of adults with disabilities and older adults, | ||||||
22 | as defined in Section 2 of the Adult Protective Services | ||||||
23 | Act, crimes against the elderly, law of evidence, the | ||||||
24 | hazards of high-speed police vehicle
chases with an | ||||||
25 | emphasis on alternatives to the high-speed chase, and
| ||||||
26 | physical training. The curriculum shall include specific |
| |||||||
| |||||||
1 | training in
techniques for immediate response to and | ||||||
2 | investigation of cases of domestic
violence and of sexual | ||||||
3 | assault of adults and children, including cultural | ||||||
4 | perceptions and common myths of sexual assault and sexual | ||||||
5 | abuse as well as interview techniques that are age | ||||||
6 | sensitive and are trauma informed, victim centered, and | ||||||
7 | victim sensitive. The curriculum shall include
training in | ||||||
8 | techniques designed to promote effective
communication at | ||||||
9 | the initial contact with crime victims and ways to | ||||||
10 | comprehensively
explain to victims and witnesses their | ||||||
11 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
12 | and the Crime
Victims Compensation Act. The curriculum | ||||||
13 | shall also include training in effective recognition of | ||||||
14 | and responses to stress, trauma, and post-traumatic stress | ||||||
15 | experienced by police officers that is consistent with | ||||||
16 | Section 25 of the Illinois Mental Health First Aid | ||||||
17 | Training Act in a peer setting, including recognizing | ||||||
18 | signs and symptoms of work-related cumulative stress, | ||||||
19 | issues that may lead to suicide, and solutions for | ||||||
20 | intervention with peer support resources. The curriculum | ||||||
21 | shall include a block of instruction addressing the | ||||||
22 | mandatory reporting requirements under the Abused and | ||||||
23 | Neglected Child Reporting Act. The curriculum shall also | ||||||
24 | include a block of instruction aimed at identifying and | ||||||
25 | interacting with persons with autism and other | ||||||
26 | developmental or physical disabilities, reducing barriers |
| |||||||
| |||||||
1 | to reporting crimes against persons with autism, and | ||||||
2 | addressing the unique challenges presented by cases | ||||||
3 | involving victims or witnesses with autism and other | ||||||
4 | developmental disabilities. The curriculum shall include | ||||||
5 | training in the detection and investigation of all forms | ||||||
6 | of human trafficking. The curriculum shall also include | ||||||
7 | instruction in trauma-informed responses designed to | ||||||
8 | ensure the physical safety and well-being of a child of an | ||||||
9 | arrested parent or immediate family member; this | ||||||
10 | instruction must include, but is not limited to: (1) | ||||||
11 | understanding the trauma experienced by the child while | ||||||
12 | maintaining the integrity of the arrest and safety of | ||||||
13 | officers, suspects, and other involved individuals; (2) | ||||||
14 | de-escalation tactics that would include the use of force | ||||||
15 | when reasonably necessary; and (3) inquiring whether a | ||||||
16 | child will require supervision and care. The curriculum | ||||||
17 | for
permanent police officers shall include, but not be | ||||||
18 | limited to: (1) refresher
and in-service training in any | ||||||
19 | of the courses listed above in this
subparagraph, (2) | ||||||
20 | advanced courses in any of the subjects listed above in
| ||||||
21 | this subparagraph, (3) training for supervisory personnel, | ||||||
22 | and (4)
specialized training in subjects and fields to be | ||||||
23 | selected by the board. The training in the use of | ||||||
24 | electronic control devices shall be conducted for | ||||||
25 | probationary police officers, including University police | ||||||
26 | officers.
|
| |||||||
| |||||||
1 | b. Minimum courses of study, attendance requirements | ||||||
2 | and equipment
requirements.
| ||||||
3 | c. Minimum requirements for instructors.
| ||||||
4 | d. Minimum basic training requirements, which a | ||||||
5 | probationary police
officer must satisfactorily complete | ||||||
6 | before being eligible for permanent
employment as a local | ||||||
7 | law enforcement officer for a participating local
| ||||||
8 | governmental agency. Those requirements shall include | ||||||
9 | training in first aid
(including cardiopulmonary | ||||||
10 | resuscitation).
| ||||||
11 | e. Minimum basic training requirements, which a | ||||||
12 | probationary county
corrections officer must | ||||||
13 | satisfactorily complete before being eligible for
| ||||||
14 | permanent employment as a county corrections officer for a | ||||||
15 | participating
local governmental agency.
| ||||||
16 | f. Minimum basic training requirements which a | ||||||
17 | probationary court
security officer must satisfactorily | ||||||
18 | complete before being eligible for
permanent employment as | ||||||
19 | a court security officer for a participating local
| ||||||
20 | governmental agency. The Board shall
establish those | ||||||
21 | training requirements which it considers appropriate for | ||||||
22 | court
security officers and shall certify schools to | ||||||
23 | conduct that training.
| ||||||
24 | A person hired to serve as a court security officer | ||||||
25 | must obtain from the
Board a certificate (i) attesting to | ||||||
26 | his or her successful completion of the
training course; |
| |||||||
| |||||||
1 | (ii) attesting to his or her satisfactory
completion of a | ||||||
2 | training program of similar content and number of hours | ||||||
3 | that
has been found acceptable by the Board under the | ||||||
4 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
5 | determination that the training
course is unnecessary | ||||||
6 | because of the person's extensive prior law enforcement
| ||||||
7 | experience.
| ||||||
8 | Individuals who currently serve as court security | ||||||
9 | officers shall be deemed
qualified to continue to serve in | ||||||
10 | that capacity so long as they are certified
as provided by | ||||||
11 | this Act within 24 months of June 1, 1997 (the effective | ||||||
12 | date of Public Act 89-685). Failure to be so certified, | ||||||
13 | absent a waiver from the
Board, shall cause the officer to | ||||||
14 | forfeit his or her position.
| ||||||
15 | All individuals hired as court security officers on or | ||||||
16 | after June 1, 1997 (the effective
date of Public Act | ||||||
17 | 89-685) shall be certified within 12 months of the
date of | ||||||
18 | their hire, unless a waiver has been obtained by the | ||||||
19 | Board, or they
shall forfeit their positions.
| ||||||
20 | The Sheriff's Merit Commission, if one exists, or the | ||||||
21 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
22 | Commission, shall maintain a list of all
individuals who | ||||||
23 | have filed applications to become court security officers | ||||||
24 | and
who meet the eligibility requirements established | ||||||
25 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
26 | the Sheriff's Office if no Sheriff's Merit
Commission |
| |||||||
| |||||||
1 | exists, shall establish a schedule of reasonable intervals | ||||||
2 | for
verification of the applicants' qualifications under
| ||||||
3 | this Act and as established by the Board.
| ||||||
4 | g. Minimum in-service training requirements, which a | ||||||
5 | police officer must satisfactorily complete every 3 years. | ||||||
6 | Those requirements shall include constitutional and proper | ||||||
7 | use of law enforcement authority, procedural justice, | ||||||
8 | civil rights, human rights, mental health awareness and | ||||||
9 | response, officer wellness, reporting child abuse and | ||||||
10 | neglect, and cultural competency. | ||||||
11 | h. Minimum in-service training requirements, which a | ||||||
12 | police officer must satisfactorily complete at least | ||||||
13 | annually. Those requirements shall include law updates and | ||||||
14 | use of force training which shall include scenario based | ||||||
15 | training, or similar training approved by the Board. | ||||||
16 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
17 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
18 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
19 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
20 | 101-564, eff. 1-1-20; revised 9-10-19.)
| ||||||
21 | (50 ILCS 705/10.2)
| ||||||
22 | Sec. 10.2. Criminal background investigations.
| ||||||
23 | (a) On and after March 14, 2002 ( the effective date of | ||||||
24 | Public Act 92-533) this amendatory Act of the 92nd
General | ||||||
25 | Assembly ,
an applicant for employment as a peace officer, or |
| |||||||
| |||||||
1 | for annual certification as a retired law enforcement officer | ||||||
2 | qualified under federal law to carry a concealed weapon, shall | ||||||
3 | authorize an
investigation to determine if
the applicant has | ||||||
4 | been convicted of, or entered a plea of guilty to, any criminal | ||||||
5 | offense that disqualifies the
person as a peace
officer.
| ||||||
6 | (b) No law enforcement agency may knowingly employ a | ||||||
7 | person, or certify a retired law enforcement officer qualified | ||||||
8 | under federal law to carry a concealed weapon, unless (i) a
| ||||||
9 | criminal
background investigation of that person
has been | ||||||
10 | completed and (ii) that investigation reveals no convictions | ||||||
11 | of or pleas of guilty to of
offenses specified in subsection | ||||||
12 | (a) of Section 6.1 of this Act.
| ||||||
13 | (Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
| ||||||
14 | (50 ILCS 705/10.7) | ||||||
15 | Sec. 10.7. Mandatory training; police chief and deputy | ||||||
16 | police chief. Each police chief and deputy police chief shall | ||||||
17 | obtain at least 20 hours of training each year. The training | ||||||
18 | must be approved by the Illinois Law Enforcement Training and | ||||||
19 | Standards Board and must be related to law enforcement, | ||||||
20 | management or executive development, or ethics. This | ||||||
21 | requirement may be satisfied by attending any training portion | ||||||
22 | of a conference held by an association that represents chiefs | ||||||
23 | of police that has been approved by the Illinois Law | ||||||
24 | Enforcement Training and Standards Board. Any police chief and | ||||||
25 | any deputy police chief, upon presentation of a certificate of |
| |||||||
| |||||||
1 | completion from the person or entity conducting the training, | ||||||
2 | shall be reimbursed by the municipality in accordance with the | ||||||
3 | municipal policy regulating the terms of reimbursement, for | ||||||
4 | his or her reasonable expenses in obtaining the training | ||||||
5 | required under this Section. No police chief or deputy police | ||||||
6 | chief may attend any recognized training offering without the | ||||||
7 | prior approval of his or her municipal mayor, manager, or | ||||||
8 | immediate supervisor. | ||||||
9 | This Section does not apply to the City of Chicago or the | ||||||
10 | Sheriff's Police Department in Cook County.
| ||||||
11 | (Source: P.A. 94-354, eff. 1-1-06; revised 11-16-20.)
| ||||||
12 | (50 ILCS 705/10.11) | ||||||
13 | Sec. 10.11. Training; death and homicide investigation. | ||||||
14 | The Illinois Law Enforcement Training and Standards Board | ||||||
15 | shall conduct or approve a training program in death and | ||||||
16 | homicide investigation for the training of law enforcement | ||||||
17 | officers of local government agencies. Only law enforcement | ||||||
18 | officers who successfully complete the training program may be | ||||||
19 | assigned as lead investigators in death and homicide | ||||||
20 | investigations. Satisfactory completion of the training | ||||||
21 | program shall be evidenced by a certificate issued to the law | ||||||
22 | enforcement officer by the Illinois Law Enforcement Training | ||||||
23 | and Standards Board.
| ||||||
24 | The Illinois Law Enforcement Training and Standards Board | ||||||
25 | shall develop a process for waiver applications sent by a |
| |||||||
| |||||||
1 | local law enforcement agency administrator for those officers | ||||||
2 | whose prior training and experience as homicide investigators | ||||||
3 | may qualify them for a waiver. The Board may issue a waiver at | ||||||
4 | its discretion, based solely on the prior training and | ||||||
5 | experience of an officer as a homicide investigator. This | ||||||
6 | Section does not affect or impede the powers of the office of | ||||||
7 | the coroner to investigate all deaths as provided in Division | ||||||
8 | 3-3 of the Counties Code and the Coroner Training Board Act. | ||||||
9 | (Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.)
| ||||||
10 | (50 ILCS 705/10.23) | ||||||
11 | Sec. 10.23. Training; human trafficking. The Board shall | ||||||
12 | conduct or approve an in-service training program in the | ||||||
13 | detection and investigation of all forms of human trafficking, | ||||||
14 | including, but not limited to, " involuntary servitude " under | ||||||
15 | subsection (b) of Section 10-9 of the Criminal Code of 2012, | ||||||
16 | " involuntary sexual servitude of a minor " under subsection (c) | ||||||
17 | of Section 10-9 of the Criminal Code of 2012, and " trafficking | ||||||
18 | in persons " under subsection (d) of Section 10-9 of the | ||||||
19 | Criminal Code of 2012. This program shall be made available to | ||||||
20 | all certified law enforcement, correctional, and court | ||||||
21 | security officers.
| ||||||
22 | (Source: P.A. 101-18, eff. 1-1-20; revised 9-25-19.)
| ||||||
23 | (50 ILCS 705/10.24) | ||||||
24 | Sec. 10.24 10.23 . Officer wellness and suicide prevention. |
| |||||||
| |||||||
1 | The Board shall create, develop, or approve an in-service | ||||||
2 | course addressing issues of officer wellness and suicide | ||||||
3 | prevention. The course shall include instruction on | ||||||
4 | job-related stress management techniques, skills for | ||||||
5 | recognizing signs and symptoms of work-related cumulative | ||||||
6 | stress, recognition of other issues that may lead to officer | ||||||
7 | suicide, solutions for intervention, and a presentation on | ||||||
8 | available peer support resources.
| ||||||
9 | (Source: P.A. 101-215, eff. 1-1-20; revised 9-25-19.)
| ||||||
10 | Section 290. The Law Enforcement Officer-Worn Body Camera | ||||||
11 | Act is amended by changing Section 10-1 as follows:
| ||||||
12 | (50 ILCS 706/10-1)
| ||||||
13 | Sec. 10-1. Short title. This Article Act may be cited as | ||||||
14 | the Law Enforcement Officer-Worn Body Camera Act. References | ||||||
15 | in this Article to "this Act" mean this Article.
| ||||||
16 | (Source: P.A. 99-352, eff. 1-1-16; revised 8-7-19.)
| ||||||
17 | Section 295. The Illinois Fire Protection Training Act is | ||||||
18 | amended by changing Sections 2 and 8 as follows:
| ||||||
19 | (50 ILCS 740/2) (from Ch. 85, par. 532)
| ||||||
20 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
21 | context
requires otherwise:
| ||||||
22 | a. " Office " means the Office of the State Fire Marshal.
|
| |||||||
| |||||||
1 | b. "Local governmental agency" means any local | ||||||
2 | governmental unit or
municipal corporation in this State. It | ||||||
3 | does not include the State of
Illinois or any office, officer, | ||||||
4 | department, division, bureau, board,
commission, or agency of | ||||||
5 | the State except: (i) a State controlled university,
college, | ||||||
6 | or public community college, or (ii) the Office of the State | ||||||
7 | Fire Marshal.
| ||||||
8 | c. "School" means any school located within the State of | ||||||
9 | Illinois
whether privately or publicly owned which offers a | ||||||
10 | course in fire
protection training or related subjects and | ||||||
11 | which has been approved by
the Office.
| ||||||
12 | d. "Trainee" means a recruit fire fighter required to | ||||||
13 | complete
initial minimum basic training requirements at an | ||||||
14 | approved school to be
eligible for permanent employment as a | ||||||
15 | fire fighter.
| ||||||
16 | e. "Fire protection personnel" and "fire fighter" means | ||||||
17 | any person
engaged in fire administration, fire prevention, | ||||||
18 | fire suppression, fire
education and arson investigation, | ||||||
19 | including any permanently employed,
trainee , or volunteer fire | ||||||
20 | fighter, whether or not such person, trainee ,
or volunteer is | ||||||
21 | compensated for all or any fraction of his time.
| ||||||
22 | f. "Basic training" and "basic level" shall mean the entry | ||||||
23 | level fire fighter
program established by the Office.
| ||||||
24 | g. "Advanced training" means the advanced level fire | ||||||
25 | fighter programs established by the Office. | ||||||
26 | (Source: P.A. 100-600, eff. 1-1-19; revised 8-7-19.)
|
| |||||||
| |||||||
1 | (50 ILCS 740/8) (from Ch. 85, par. 538)
| ||||||
2 | Sec. 8. Rules and minimum standards for schools. The | ||||||
3 | Office
shall adopt rules and minimum standards for such
| ||||||
4 | schools which shall include , but not be limited to , the | ||||||
5 | following:
| ||||||
6 | a. Minimum courses of study, resources, facilities, | ||||||
7 | apparatus,
equipment, reference material, established | ||||||
8 | records and procedures as
determined by the Office.
| ||||||
9 | b. Minimum requirements for instructors.
| ||||||
10 | c. Minimum basic training requirements, which a | ||||||
11 | trainee must
satisfactorily complete before being eligible | ||||||
12 | for permanent employment
as a firefighter in the fire | ||||||
13 | department of a participating local
governmental agency.
| ||||||
14 | Those requirements shall include training in first aid | ||||||
15 | (including
cardiopulmonary resuscitation), training in the | ||||||
16 | administration of opioid antagonists as defined in | ||||||
17 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
18 | Substance Use Disorder Act, and training in the history of | ||||||
19 | the fire service labor movement using curriculum and | ||||||
20 | instructors provided by a statewide organization | ||||||
21 | representing professional union firefighters in Illinois.
| ||||||
22 | d. Training in effective recognition of and responses | ||||||
23 | to stress, trauma, and post-traumatic stress experienced | ||||||
24 | by firefighters that is consistent with Section 25 of the | ||||||
25 | Illinois Mental Health First Aid Training Act in a peer |
| |||||||
| |||||||
1 | setting. | ||||||
2 | (Source: P.A. 100-759, eff. 1-1-19; 101-375, eff. 8-16-19; | ||||||
3 | 101-620, eff. 12-20-19; revised 12-21-20.)
| ||||||
4 | Section 300. The Illinois Public Safety Agency Network Act | ||||||
5 | is amended by changing Section 20 as follows:
| ||||||
6 | (50 ILCS 752/20)
| ||||||
7 | Sec. 20. Board of directors. IPSAN shall be governed by a | ||||||
8 | board of directors. The IPSAN Board shall consist of 6 voting | ||||||
9 | members. Three members shall be appointed by the Illinois | ||||||
10 | Sheriffs' Association, and 3 members shall be appointed by the | ||||||
11 | Illinois Association of Chiefs of Police. To the extent | ||||||
12 | practical, voting members should be active or retired chiefs | ||||||
13 | of police or sheriffs, should represent Statewide interests of | ||||||
14 | the Associations that appointed them, and should attend board | ||||||
15 | meetings. The Director of Corrections, the Director of the | ||||||
16 | Illinois Emergency Management Agency, the Director of the | ||||||
17 | Illinois State Police, the Sheriff of Cook County, and the | ||||||
18 | Superintendent of the Chicago Police Department, or the | ||||||
19 | designee of each, may be invited by the board of directors to | ||||||
20 | serve as non-voting ex officio members. The Executive Director | ||||||
21 | appointed under Section 30 of this Act shall serve as a | ||||||
22 | non-voting ex officio ex-officio member of the board.
| ||||||
23 | Members shall serve terms of one year at the pleasure of | ||||||
24 | the Association making the appointment, but shall be eligible |
| |||||||
| |||||||
1 | for re-appointment. A vacancy among members appointed shall be | ||||||
2 | filled in the same manner as the original appointment for the | ||||||
3 | remainder of the vacated term.
| ||||||
4 | Members of the Board shall receive no compensation but | ||||||
5 | shall be reimbursed for reasonable expenses incurred in the | ||||||
6 | performance of their duties. However, a board member who is a | ||||||
7 | retired chief of police or retired sheriff may be entitled to | ||||||
8 | reimbursement for services provided to or on behalf of IPSAN | ||||||
9 | as may be appropriate.
| ||||||
10 | The Board shall designate a temporary president of the | ||||||
11 | Board from among the members, who shall serve until a | ||||||
12 | permanent president is elected by the Board of Directors. The | ||||||
13 | Board shall meet at the call of the president, or as otherwise | ||||||
14 | provided in the bylaws, rules, and policies of the board.
| ||||||
15 | IPSAN shall comply with reporting requirements under the | ||||||
16 | General Not for Profit Corporation Act of 1986 and related | ||||||
17 | regulations promulgated by the Secretary of State. The | ||||||
18 | Executive Director appointed under Section 30 of this Act | ||||||
19 | shall have the authority to sign and file all required | ||||||
20 | reports.
| ||||||
21 | (Source: P.A. 98-745, eff. 7-16-14; revised 11-16-20.)
| ||||||
22 | Section 305. The Counties Code is amended by changing | ||||||
23 | Sections 5-1009 and 5-10004 and by setting forth and | ||||||
24 | renumbering multiple versions of Section 5-1184 as follows:
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009)
| ||||||
2 | Sec. 5-1009. Limitation on home rule powers. Except as | ||||||
3 | provided in
Sections 5-1006, 5-1006.5, 5-1006.8, 5-1007 , and | ||||||
4 | 5-1008, on and after September 1,
1990, no home
rule county has | ||||||
5 | the authority to impose, pursuant to its home rule
authority, | ||||||
6 | a retailers' retailer's occupation tax, service occupation | ||||||
7 | tax, use tax,
sales tax or other tax on the use, sale or | ||||||
8 | purchase of tangible personal
property based on the gross | ||||||
9 | receipts from such sales or the selling or
purchase price of | ||||||
10 | said tangible personal property. Notwithstanding the
| ||||||
11 | foregoing, this Section does not preempt any home rule imposed | ||||||
12 | tax such as
the following: (1) a tax on alcoholic beverages, | ||||||
13 | whether based on gross
receipts, volume sold or any other | ||||||
14 | measurement; (2) a tax based on the
number of units of | ||||||
15 | cigarettes or tobacco products; (3) a tax, however
measured, | ||||||
16 | based on the use of a hotel or motel room or similar facility;
| ||||||
17 | (4) a tax, however measured, on the sale or transfer of real | ||||||
18 | property; (5)
a tax, however measured, on lease receipts; (6) | ||||||
19 | a tax on food prepared for
immediate consumption and on | ||||||
20 | alcoholic beverages sold by a business which
provides for on | ||||||
21 | premise consumption of said food or alcoholic beverages; or
| ||||||
22 | (7) other taxes not based on the selling or purchase price or | ||||||
23 | gross
receipts from the use, sale or purchase of tangible | ||||||
24 | personal property. This Section does not preempt a home rule | ||||||
25 | county from imposing a tax, however measured, on the use, for | ||||||
26 | consideration, of a parking lot, garage, or other parking |
| |||||||
| |||||||
1 | facility. | ||||||
2 | On and after December 1, 2019, no home rule county has the | ||||||
3 | authority to impose, pursuant to its home rule authority, a | ||||||
4 | tax, however measured, on sales of aviation fuel, as defined | ||||||
5 | in Section 3 of the Retailers' Occupation Tax Act, unless the | ||||||
6 | tax revenue is expended for airport-related purposes. For | ||||||
7 | purposes of this Section, "airport-related purposes" has the | ||||||
8 | meaning ascribed in Section 6z-20.2 of the State Finance Act. | ||||||
9 | Aviation fuel shall be excluded from tax only for so long as | ||||||
10 | the revenue use requirements of 49 U.S.C. 47017(b) and 49 | ||||||
11 | U.S.C. 47133 are binding on the county. | ||||||
12 | This
Section is a limitation, pursuant to subsection (g) | ||||||
13 | of Section 6 of Article
VII of the Illinois Constitution, on | ||||||
14 | the power of home rule units to tax. The changes made to this | ||||||
15 | Section by Public Act 101-10 this amendatory Act of the 101st | ||||||
16 | General Assembly are a denial and limitation of home rule | ||||||
17 | powers and functions under subsection (g) of Section 6 of | ||||||
18 | Article VII of the Illinois Constitution.
| ||||||
19 | (Source: P.A. 101-10, eff. 6-5-19; 101-27, eff. 6-25-19; | ||||||
20 | revised 8-19-19.)
| ||||||
21 | (55 ILCS 5/5-1184) | ||||||
22 | Sec. 5-1184. (Repealed). | ||||||
23 | (Source: P.A. 101-10, eff. 6-5-19. Repealed by P.A. 101-604, | ||||||
24 | eff. 12-13-19.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-1185) | ||||||
2 | Sec. 5-1185 5-1184 . Dissolution of townships in McHenry | ||||||
3 | County. If a township in McHenry County dissolves as provided | ||||||
4 | in Article 24 of the Township Code, McHenry County shall | ||||||
5 | assume the powers, duties, and obligations of each dissolved | ||||||
6 | township as provided in Article 24 of the Township Code.
| ||||||
7 | (Source: P.A. 101-230, eff. 8-9-19; revised 10-7-19.)
| ||||||
8 | (55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
| ||||||
9 | Sec. 5-10004. Qualifications for license. A license to | ||||||
10 | operate
or maintain a dance hall may be issued by the county | ||||||
11 | board to any citizen,
firm , or corporation of the State : , who
| ||||||
12 | (1) who submits a written application for a license, | ||||||
13 | which application shall
state, and the applicant shall | ||||||
14 | state under oath:
| ||||||
15 | (a) the name, address, and residence of the | ||||||
16 | applicant, and the length of
time he has lived at that | ||||||
17 | residence;
| ||||||
18 | (b) the place of birth of the applicant , and , if | ||||||
19 | the applicant is a
naturalized citizen, the time and | ||||||
20 | place of such naturalization;
| ||||||
21 | (c) whether the applicant has a prior felony | ||||||
22 | conviction; and
| ||||||
23 | (d) the location of the place or building where | ||||||
24 | the applicant intends to
operate or maintain the dance | ||||||
25 | hall ; and .
|
| |||||||
| |||||||
1 | (2) and who establishes:
| ||||||
2 | (a) that he is a person of good moral character; | ||||||
3 | and
| ||||||
4 | (b) that the place or building where the dance | ||||||
5 | hall or road house is to
be operated or maintained , | ||||||
6 | reasonably conforms to all laws , and health and
fire | ||||||
7 | regulations applicable thereto, and is properly | ||||||
8 | ventilated and
supplied with separate and sufficient | ||||||
9 | toilet arrangements for each sex, and
is a safe and | ||||||
10 | proper place or building for a public dance hall or | ||||||
11 | road
house.
| ||||||
12 | (Source: P.A. 100-286, eff. 1-1-18; revised 8-7-19.)
| ||||||
13 | Section 310. The Illinois Municipal Code is amended by | ||||||
14 | changing Sections 1-1-10, 10-1-7.1, 10-1-48, 10-2.1-6.3, | ||||||
15 | 11-74.4-8, 11-74.6-35, and 11-101-3 as follows:
| ||||||
16 | (65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
| ||||||
17 | Sec. 1-1-10.
It is the policy of this State that all powers | ||||||
18 | granted, either
expressly or by necessary implication, by this | ||||||
19 | Code, by Illinois statute,
or by the Illinois Constitution to | ||||||
20 | municipalities may be exercised
by those municipalities , and | ||||||
21 | the officers, employees , and agents of each ,
notwithstanding | ||||||
22 | effects on competition.
| ||||||
23 | It is further the policy of this State that home rule | ||||||
24 | home-rule municipalities and , the officers, employees , and |
| |||||||
| |||||||
1 | agents of each may
(1) exercise any power and perform any | ||||||
2 | function pertaining to their government
and affairs or (2) | ||||||
3 | exercise those powers within traditional areas of municipal
| ||||||
4 | activity, except as limited by the Illinois Constitution or a | ||||||
5 | proper limiting
statute, notwithstanding effects on | ||||||
6 | competition.
| ||||||
7 | It is the intention of the General Assembly that the | ||||||
8 | "State action exemption"
to the application of federal | ||||||
9 | antitrust statutes be fully available to
all municipalities , | ||||||
10 | and the agents, officers , and employees of each
to the extent | ||||||
11 | they are exercising authority as aforesaid, including, but
not | ||||||
12 | limited to, the provisions of Sections 6, 7 , and 10 of Article | ||||||
13 | VII of
the Illinois Constitution or the provisions of the | ||||||
14 | following Illinois
statutes, as each is now in existence or | ||||||
15 | may hereinafter be amended:
| ||||||
16 | (a) The Illinois Local Library Act; Article 27 of the | ||||||
17 | Property Tax Code "An Act to provide the manner of
levying or | ||||||
18 | imposing taxes for the provision of special services to areas
| ||||||
19 | within the boundaries of home rule units and non-home rule | ||||||
20 | municipalities
and counties", approved September 21, 1973, as | ||||||
21 | amended ; the Housing Development and Construction Act "An Act | ||||||
22 | to
facilitate the development and construction of housing, to | ||||||
23 | provide
governmental assistance therefor, and to repeal an Act | ||||||
24 | herein named", approved July
2, 1947, as amended ; or the | ||||||
25 | Housing Authorities Act, the Housing
Cooperation Law, the | ||||||
26 | Blighted Areas Redevelopment Act of 1947, the Blighted
Vacant |
| |||||||
| |||||||
1 | Areas Development Act of 1949, the Urban Community | ||||||
2 | Conservation Act,
the Illinois Enterprise Zone Act , or any | ||||||
3 | other power exercised pursuant to
the Intergovernmental | ||||||
4 | Cooperation Act; or
| ||||||
5 | (b) Divisions 1, 2, 3, 4, 5 , and 6 of Article 7 of the | ||||||
6 | Illinois Municipal
Code; Divisions 9, 10 , and 11 of Article 8 | ||||||
7 | of the Illinois Municipal Code;
Divisions 1, 2, 3, 4 , and 5 of | ||||||
8 | Article 9 of the Illinois Municipal Code; and
all of Divisions | ||||||
9 | of Articles 10 and 11 of the Illinois Municipal Code; or
| ||||||
10 | (c) Any other Illinois statute or constitutional provision | ||||||
11 | now existing
or which may be enacted in the future, by which | ||||||
12 | any municipality may exercise authority.
| ||||||
13 | The "State action exemption" for which provision is made | ||||||
14 | by this Section
shall be liberally construed in favor of such | ||||||
15 | municipalities and the
agents, employees , and officers | ||||||
16 | thereof, and such exemption shall be
available notwithstanding | ||||||
17 | that the action of the municipality or its
agents, officers , | ||||||
18 | or employees
constitutes an irregular exercise of | ||||||
19 | constitutional or statutory powers.
However, this exemption | ||||||
20 | shall not apply where the action alleged to be in
violation of | ||||||
21 | antitrust law exceeds either (1) powers granted, either
| ||||||
22 | expressly or by necessary implication, by Illinois statute or | ||||||
23 | the Illinois
Constitution or (2) powers granted to a home rule | ||||||
24 | municipality to perform
any function pertaining to its | ||||||
25 | government and affairs or to act within
traditional areas of | ||||||
26 | municipal activity, except as limited by the Illinois
|
| |||||||
| |||||||
1 | Constitution or a proper limiting statute.
| ||||||
2 | Notwithstanding the foregoing, where it is alleged that a | ||||||
3 | violation of
the antitrust laws has occurred, the relief | ||||||
4 | available to the plaintiffs
shall be limited to an injunction | ||||||
5 | which enjoins the alleged activity.
| ||||||
6 | Nothing in this Section is intended to prohibit or limit | ||||||
7 | any cause of
action other than under an antitrust theory.
| ||||||
8 | (Source: P.A. 84-1050; revised 8-7-19.)
| ||||||
9 | (65 ILCS 5/10-1-7.1) | ||||||
10 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
11 | department. | ||||||
12 | (a) Applicability. Unless a commission elects to follow | ||||||
13 | the provisions of Section 10-1-7.2, this Section shall apply | ||||||
14 | to all original appointments to an affected full-time fire | ||||||
15 | department. Existing registers of eligibles shall continue to | ||||||
16 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
17 | years after August 4, 2011 ( the effective date of Public Act | ||||||
18 | 97-251) this amendatory Act of the 97th General Assembly . | ||||||
19 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
20 | to the contrary, all original appointments to an affected | ||||||
21 | department to which this Section applies shall be administered | ||||||
22 | in the manner provided for in this Section. Provisions of the | ||||||
23 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
24 | adopted pursuant to such authority and other laws relating to | ||||||
25 | initial hiring of firefighters in affected departments shall |
| |||||||
| |||||||
1 | continue to apply to the extent they are compatible with this | ||||||
2 | Section, but in the event of a conflict between this Section | ||||||
3 | and any other law, this Section shall control. | ||||||
4 | A home rule or non-home rule municipality may not | ||||||
5 | administer its fire department process for original | ||||||
6 | appointments in a manner that is less stringent than this | ||||||
7 | Section. This Section is a limitation under subsection (i) of | ||||||
8 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
9 | concurrent exercise by home rule units of the powers and | ||||||
10 | functions exercised by the State. | ||||||
11 | A municipality that is operating under a court order or | ||||||
12 | consent decree regarding original appointments to a full-time | ||||||
13 | fire department before August 4, 2011 ( the effective date of | ||||||
14 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
15 | Assembly is exempt from the requirements of this Section for | ||||||
16 | the duration of the court order or consent decree. | ||||||
17 | Notwithstanding any other provision of this subsection | ||||||
18 | (a), this Section does not apply to a municipality with more | ||||||
19 | than 1,000,000 inhabitants. | ||||||
20 | (b) Original appointments. All original appointments made | ||||||
21 | to an affected fire department shall be made from a register of | ||||||
22 | eligibles established in accordance with the processes | ||||||
23 | established by this Section. Only persons who meet or exceed | ||||||
24 | the performance standards required by this Section shall be | ||||||
25 | placed on a register of eligibles for original appointment to | ||||||
26 | an affected fire department. |
| |||||||
| |||||||
1 | Whenever an appointing authority authorizes action to hire | ||||||
2 | a person to perform the duties of a firefighter or to hire a | ||||||
3 | firefighter-paramedic to fill a position that is a new | ||||||
4 | position or vacancy due to resignation, discharge, promotion, | ||||||
5 | death, the granting of a disability or retirement pension, or | ||||||
6 | any other cause, the appointing authority shall appoint to | ||||||
7 | that position the person with the highest ranking on the final | ||||||
8 | eligibility list. If the appointing authority has reason to | ||||||
9 | conclude that the highest ranked person fails to meet the | ||||||
10 | minimum standards for the position or if the appointing | ||||||
11 | authority believes an alternate candidate would better serve | ||||||
12 | the needs of the department, then the appointing authority has | ||||||
13 | the right to pass over the highest ranked person and appoint | ||||||
14 | either: (i) any person who has a ranking in the top 5% of the | ||||||
15 | register of eligibles or (ii) any person who is among the top 5 | ||||||
16 | highest ranked persons on the list of eligibles if the number | ||||||
17 | of people who have a ranking in the top 5% of the register of | ||||||
18 | eligibles is less than 5 people. | ||||||
19 | Any candidate may pass on an appointment once without | ||||||
20 | losing his or her position on the register of eligibles. Any | ||||||
21 | candidate who passes a second time may be removed from the list | ||||||
22 | by the appointing authority provided that such action shall | ||||||
23 | not prejudice a person's opportunities to participate in | ||||||
24 | future examinations, including an examination held during the | ||||||
25 | time a candidate is already on the municipality's register of | ||||||
26 | eligibles. |
| |||||||
| |||||||
1 | The sole authority to issue certificates of appointment | ||||||
2 | shall be vested in the Civil Service Commission. All | ||||||
3 | certificates of appointment issued to any officer or member of | ||||||
4 | an affected department shall be signed by the chairperson and | ||||||
5 | secretary, respectively, of the commission upon appointment of | ||||||
6 | such officer or member to the affected department by the | ||||||
7 | commission. After being selected from the register of | ||||||
8 | eligibles to fill a vacancy in the affected department, each | ||||||
9 | appointee shall be presented with his or her certificate of | ||||||
10 | appointment on the day on which he or she is sworn in as a | ||||||
11 | classified member of the affected department. Firefighters who | ||||||
12 | were not issued a certificate of appointment when originally | ||||||
13 | appointed shall be provided with a certificate within 10 days | ||||||
14 | after making a written request to the chairperson of the Civil | ||||||
15 | Service Commission. Each person who accepts a certificate of | ||||||
16 | appointment and successfully completes his or her probationary | ||||||
17 | period shall be enrolled as a firefighter and as a regular | ||||||
18 | member of the fire department. | ||||||
19 | For the purposes of this Section, "firefighter" means any | ||||||
20 | person who has been prior to, on, or after August 4, 2011 ( the | ||||||
21 | effective date of Public Act 97-251) this amendatory Act of | ||||||
22 | the 97th General Assembly appointed to a fire department or | ||||||
23 | fire protection district or employed by a State university and | ||||||
24 | sworn or commissioned to perform firefighter duties or | ||||||
25 | paramedic duties, or both, except that the following persons | ||||||
26 | are not included: part-time firefighters; auxiliary, reserve, |
| |||||||
| |||||||
1 | or voluntary firefighters, including paid-on-call | ||||||
2 | firefighters; clerks and dispatchers or other civilian | ||||||
3 | employees of a fire department or fire protection district who | ||||||
4 | are not routinely expected to perform firefighter duties; and | ||||||
5 | elected officials. | ||||||
6 | (c) Qualification for placement on register of eligibles. | ||||||
7 | The purpose of establishing a register of eligibles is to | ||||||
8 | identify applicants who possess and demonstrate the mental | ||||||
9 | aptitude and physical ability to perform the duties required | ||||||
10 | of members of the fire department in order to provide the | ||||||
11 | highest quality of service to the public. To this end, all | ||||||
12 | applicants for original appointment to an affected fire | ||||||
13 | department shall be subject to examination and testing which | ||||||
14 | shall be public, competitive, and open to all applicants | ||||||
15 | unless the municipality shall by ordinance limit applicants to | ||||||
16 | residents of the municipality, county or counties in which the | ||||||
17 | municipality is located, State, or nation. Any examination and | ||||||
18 | testing procedure utilized under subsection (e) of this | ||||||
19 | Section shall be supported by appropriate validation evidence | ||||||
20 | and shall comply with all applicable State and federal laws. | ||||||
21 | Municipalities may establish educational, emergency medical | ||||||
22 | service licensure, and other prerequisites prerequites for | ||||||
23 | participation in an examination or for hire as a firefighter. | ||||||
24 | Any municipality may charge a fee to cover the costs of the | ||||||
25 | application process. | ||||||
26 | Residency requirements in effect at the time an individual |
| |||||||
| |||||||
1 | enters the fire service of a municipality cannot be made more | ||||||
2 | restrictive for that individual during his or her period of | ||||||
3 | service for that municipality, or be made a condition of | ||||||
4 | promotion, except for the rank or position of fire chief and | ||||||
5 | for no more than 2 positions that rank immediately below that | ||||||
6 | of the chief rank which are appointed positions pursuant to | ||||||
7 | the Fire Department Promotion Act. | ||||||
8 | No person who is 35 years of age or older shall be eligible | ||||||
9 | to take an examination for a position as a firefighter unless | ||||||
10 | the person has had previous employment status as a firefighter | ||||||
11 | in the regularly constituted fire department of the | ||||||
12 | municipality, except as provided in this Section. The age | ||||||
13 | limitation does not apply to: | ||||||
14 | (1) any person previously employed as a full-time | ||||||
15 | firefighter in a regularly constituted fire department of | ||||||
16 | (i) any municipality or fire protection district located | ||||||
17 | in Illinois, (ii) a fire protection district whose | ||||||
18 | obligations were assumed by a municipality under Section | ||||||
19 | 21 of the Fire Protection District Act, or (iii) a | ||||||
20 | municipality whose obligations were taken over by a fire | ||||||
21 | protection district, | ||||||
22 | (2) any person who has served a municipality as a | ||||||
23 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
24 | firefighter for the 5 years immediately preceding the time | ||||||
25 | that the municipality begins to use full-time firefighters | ||||||
26 | to provide all or part of its fire protection service, or |
| |||||||
| |||||||
1 | (3) any person who turned 35 while serving as a member | ||||||
2 | of the active or reserve components of any of the branches | ||||||
3 | of the Armed Forces of the United States or the National | ||||||
4 | Guard of any state, whose service was characterized as | ||||||
5 | honorable or under honorable, if separated from the | ||||||
6 | military, and is currently under the age of 40. | ||||||
7 | No person who is under 21 years of age shall be eligible | ||||||
8 | for employment as a firefighter. | ||||||
9 | No applicant shall be examined concerning his or her | ||||||
10 | political or religious opinions or affiliations. The | ||||||
11 | examinations shall be conducted by the commissioners of the | ||||||
12 | municipality or their designees and agents. | ||||||
13 | No municipality shall require that any firefighter | ||||||
14 | appointed to the lowest rank serve a probationary employment | ||||||
15 | period of longer than one year of actual active employment, | ||||||
16 | which may exclude periods of training, or injury or illness | ||||||
17 | leaves, including duty related leave, in excess of 30 calendar | ||||||
18 | days. Notwithstanding anything to the contrary in this | ||||||
19 | Section, the probationary employment period limitation may be | ||||||
20 | extended for a firefighter who is required, as a condition of | ||||||
21 | employment, to be a licensed paramedic, during which time the | ||||||
22 | sole reason that a firefighter may be discharged without a | ||||||
23 | hearing is for failing to meet the requirements for paramedic | ||||||
24 | licensure. | ||||||
25 | In the event that any applicant who has been found | ||||||
26 | eligible for appointment and whose name has been placed upon |
| |||||||
| |||||||
1 | the final eligibility register provided for in this Division 1 | ||||||
2 | has not been appointed to a firefighter position within one | ||||||
3 | year after the date of his or her physical ability | ||||||
4 | examination, the commission may cause a second examination to | ||||||
5 | be made of that applicant's physical ability prior to his or | ||||||
6 | her appointment. If, after the second examination, the | ||||||
7 | physical ability of the applicant shall be found to be less | ||||||
8 | than the minimum standard fixed by the rules of the | ||||||
9 | commission, the applicant shall not be appointed. The | ||||||
10 | applicant's name may be retained upon the register of | ||||||
11 | candidates eligible for appointment and when next reached for | ||||||
12 | certification and appointment that applicant may be again | ||||||
13 | examined as provided in this Section, and if the physical | ||||||
14 | ability of that applicant is found to be less than the minimum | ||||||
15 | standard fixed by the rules of the commission, the applicant | ||||||
16 | shall not be appointed, and the name of the applicant shall be | ||||||
17 | removed from the register. | ||||||
18 | (d) Notice, examination, and testing components. Notice of | ||||||
19 | the time, place, general scope, merit criteria for any | ||||||
20 | subjective component, and fee of every examination shall be | ||||||
21 | given by the commission, by a publication at least 2 weeks | ||||||
22 | preceding the examination: (i) in one or more newspapers | ||||||
23 | published in the municipality, or if no newspaper is published | ||||||
24 | therein, then in one or more newspapers with a general | ||||||
25 | circulation within the municipality, or (ii) on the | ||||||
26 | municipality's Internet website. Additional notice of the |
| |||||||
| |||||||
1 | examination may be given as the commission shall prescribe. | ||||||
2 | The examination and qualifying standards for employment of | ||||||
3 | firefighters shall be based on: mental aptitude, physical | ||||||
4 | ability, preferences, moral character, and health. The mental | ||||||
5 | aptitude, physical ability, and preference components shall | ||||||
6 | determine an applicant's qualification for and placement on | ||||||
7 | the final register of eligibles. The examination may also | ||||||
8 | include a subjective component based on merit criteria as | ||||||
9 | determined by the commission. Scores from the examination must | ||||||
10 | be made available to the public. | ||||||
11 | (e) Mental aptitude. No person who does not possess at | ||||||
12 | least a high school diploma or an equivalent high school | ||||||
13 | education shall be placed on a register of eligibles. | ||||||
14 | Examination of an applicant's mental aptitude shall be based | ||||||
15 | upon a written examination. The examination shall be practical | ||||||
16 | in character and relate to those matters that fairly test the | ||||||
17 | capacity of the persons examined to discharge the duties | ||||||
18 | performed by members of a fire department. Written | ||||||
19 | examinations shall be administered in a manner that ensures | ||||||
20 | the security and accuracy of the scores achieved. | ||||||
21 | (f) Physical ability. All candidates shall be required to | ||||||
22 | undergo an examination of their physical ability to perform | ||||||
23 | the essential functions included in the duties they may be | ||||||
24 | called upon to perform as a member of a fire department. For | ||||||
25 | the purposes of this Section, essential functions of the job | ||||||
26 | are functions associated with duties that a firefighter may be |
| |||||||
| |||||||
1 | called upon to perform in response to emergency calls. The | ||||||
2 | frequency of the occurrence of those duties as part of the fire | ||||||
3 | department's regular routine shall not be a controlling factor | ||||||
4 | in the design of examination criteria or evolutions selected | ||||||
5 | for testing. These physical examinations shall be open, | ||||||
6 | competitive, and based on industry standards designed to test | ||||||
7 | each applicant's physical abilities in the following | ||||||
8 | dimensions: | ||||||
9 | (1) Muscular strength to perform tasks and evolutions | ||||||
10 | that may be required in the performance of duties | ||||||
11 | including grip strength, leg strength, and arm strength. | ||||||
12 | Tests shall be conducted under anaerobic as well as | ||||||
13 | aerobic conditions to test both the candidate's speed and | ||||||
14 | endurance in performing tasks and evolutions. Tasks tested | ||||||
15 | may be based on standards developed, or approved, by the | ||||||
16 | local appointing authority. | ||||||
17 | (2) The ability to climb ladders, operate from | ||||||
18 | heights, walk or crawl in the dark along narrow and uneven | ||||||
19 | surfaces, and operate in proximity to hazardous | ||||||
20 | environments. | ||||||
21 | (3) The ability to carry out critical, time-sensitive, | ||||||
22 | and complex problem solving during physical exertion in | ||||||
23 | stressful and hazardous environments. The testing | ||||||
24 | environment may be hot and dark with tightly enclosed | ||||||
25 | spaces, flashing lights, sirens, and other distractions. | ||||||
26 | The tests utilized to measure each applicant's
|
| |||||||
| |||||||
1 | capabilities in each of these dimensions may be tests based on
| ||||||
2 | industry standards currently in use or equivalent tests | ||||||
3 | approved by the Joint Labor-Management Committee of the Office | ||||||
4 | of the State Fire Marshal. | ||||||
5 | Physical ability examinations administered under this | ||||||
6 | Section shall be conducted with a reasonable number of | ||||||
7 | proctors and monitors, open to the public, and subject to | ||||||
8 | reasonable regulations of the commission. | ||||||
9 | (g) Scoring of examination components. Appointing | ||||||
10 | authorities may create a preliminary eligibility register. A | ||||||
11 | person shall be placed on the list based upon his or her | ||||||
12 | passage of the written examination or the passage of the | ||||||
13 | written examination and the physical ability component. | ||||||
14 | Passage of the written examination means attaining the minimum | ||||||
15 | score set by the commission. Minimum scores should be set by | ||||||
16 | the commission so as to demonstrate a candidate's ability to | ||||||
17 | perform the essential functions of the job. The minimum score | ||||||
18 | set by the commission shall be supported by appropriate | ||||||
19 | validation evidence and shall comply with all applicable State | ||||||
20 | and federal laws. The appointing authority may conduct the | ||||||
21 | physical ability component and any subjective components | ||||||
22 | subsequent to the posting of the preliminary eligibility | ||||||
23 | register. | ||||||
24 | The examination components for an initial eligibility | ||||||
25 | register shall be graded on a 100-point scale. A person's | ||||||
26 | position on the list shall be determined by the following: (i)
|
| |||||||
| |||||||
1 | the person's score on the written examination, (ii) the person
| ||||||
2 | successfully passing the physical ability component, and (iii) | ||||||
3 | the
person's results on any subjective component as described | ||||||
4 | in
subsection (d). | ||||||
5 | In order to qualify for placement on the final eligibility | ||||||
6 | register, an applicant's score on the written examination, | ||||||
7 | before any applicable preference points or subjective points | ||||||
8 | are applied, shall be at or above the minimum score set by the | ||||||
9 | commission. The local appointing authority may prescribe the | ||||||
10 | score to qualify for placement on the final eligibility | ||||||
11 | register, but the score shall not be less than the minimum | ||||||
12 | score set by the commission. | ||||||
13 | The commission shall prepare and keep a register of | ||||||
14 | persons whose total score is not less than the minimum score | ||||||
15 | for passage and who have passed the physical ability | ||||||
16 | examination. These persons shall take rank upon the register | ||||||
17 | as candidates in the order of their relative excellence based | ||||||
18 | on the highest to the lowest total points scored on the mental | ||||||
19 | aptitude, subjective component, and preference components of | ||||||
20 | the test administered in accordance with this Section. No more | ||||||
21 | than 60 days after each examination, an initial eligibility | ||||||
22 | list shall be posted by the commission. The list shall include | ||||||
23 | the final grades of the candidates without reference to | ||||||
24 | priority of the time of examination and subject to claim for | ||||||
25 | preference credit. | ||||||
26 | Commissions may conduct additional examinations, including |
| |||||||
| |||||||
1 | without limitation a polygraph test, after a final eligibility | ||||||
2 | register is established and before it expires with the | ||||||
3 | candidates ranked by total score without regard to date of | ||||||
4 | examination. No more than 60 days after each examination, an | ||||||
5 | initial eligibility list shall be posted by the commission | ||||||
6 | showing the final grades of the candidates without reference | ||||||
7 | to priority of time of examination and subject to claim for | ||||||
8 | preference credit. | ||||||
9 | (h) Preferences. The following are preferences: | ||||||
10 | (1) Veteran preference. Persons who were engaged in | ||||||
11 | the military service of the United States for a period of | ||||||
12 | at least one year of active duty and who were honorably | ||||||
13 | discharged therefrom, or who are now or have been members | ||||||
14 | on inactive or reserve duty in such military or naval | ||||||
15 | service, shall be preferred for appointment to and | ||||||
16 | employment with the fire department of an affected | ||||||
17 | department. | ||||||
18 | (2) Fire cadet preference. Persons who have | ||||||
19 | successfully completed 2 years of study in fire techniques | ||||||
20 | or cadet training within a cadet program established under | ||||||
21 | the rules of the Joint Labor and Management Committee | ||||||
22 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
23 | Promotion Act, may be preferred for appointment to and | ||||||
24 | employment with the fire department. | ||||||
25 | (3) Educational preference. Persons who have | ||||||
26 | successfully obtained an associate's degree in the field |
| |||||||
| |||||||
1 | of fire service or emergency medical services, or a | ||||||
2 | bachelor's degree from an accredited college or university | ||||||
3 | may be preferred for appointment to and employment with | ||||||
4 | the fire department. | ||||||
5 | (4) Paramedic preference. Persons who have obtained a | ||||||
6 | license as a paramedic may be preferred for appointment to | ||||||
7 | and employment with the fire department of an affected | ||||||
8 | department providing emergency medical services. | ||||||
9 | (5) Experience preference. All persons employed by a | ||||||
10 | municipality who have been paid-on-call or part-time | ||||||
11 | certified Firefighter II, certified Firefighter III, State | ||||||
12 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
13 | paramedic, or any combination of those capacities may be | ||||||
14 | awarded up to a maximum of 5 points. However, the | ||||||
15 | applicant may not be awarded more than 0.5 points for each | ||||||
16 | complete year of paid-on-call or part-time service. | ||||||
17 | Applicants from outside the municipality who were employed | ||||||
18 | as full-time firefighters or firefighter-paramedics by a | ||||||
19 | fire protection district or another municipality may be | ||||||
20 | awarded up to 5 experience preference points. However, the | ||||||
21 | applicant may not be awarded more than one point for each | ||||||
22 | complete year of full-time service. | ||||||
23 | Upon request by the commission, the governing body of | ||||||
24 | the municipality or in the case of applicants from outside | ||||||
25 | the municipality the governing body of any fire protection | ||||||
26 | district or any other municipality shall certify to the |
| |||||||
| |||||||
1 | commission, within 10 days after the request, the number | ||||||
2 | of years of successful paid-on-call, part-time, or | ||||||
3 | full-time service of any person. A candidate may not | ||||||
4 | receive the full amount of preference points under this | ||||||
5 | subsection if the amount of points awarded would place the | ||||||
6 | candidate before a veteran on the eligibility list. If | ||||||
7 | more than one candidate receiving experience preference | ||||||
8 | points is prevented from receiving all of their points due | ||||||
9 | to not being allowed to pass a veteran, the candidates | ||||||
10 | shall be placed on the list below the veteran in rank order | ||||||
11 | based on the totals received if all points under this | ||||||
12 | subsection were to be awarded. Any remaining ties on the | ||||||
13 | list shall be determined by lot. | ||||||
14 | (6) Residency preference. Applicants whose principal | ||||||
15 | residence is located within the fire department's | ||||||
16 | jurisdiction may be preferred for appointment to and | ||||||
17 | employment with the fire department. | ||||||
18 | (7) Additional preferences. Up to 5 additional | ||||||
19 | preference points may be awarded for unique categories | ||||||
20 | based on an applicant's experience or background as | ||||||
21 | identified by the commission. | ||||||
22 | (7.5) Apprentice preferences. A person who has | ||||||
23 | performed fire suppression service for a department as a | ||||||
24 | firefighter apprentice and otherwise meet the | ||||||
25 | qualifications for original appointment as a firefighter | ||||||
26 | specified in this Section may be awarded up to 20 |
| |||||||
| |||||||
1 | preference points. To qualify for preference points, an | ||||||
2 | applicant shall have completed a minimum of 600 hours of | ||||||
3 | fire suppression work on a regular shift for the affected | ||||||
4 | fire department over a 12-month period. The fire | ||||||
5 | suppression work must be in accordance with Section | ||||||
6 | 10-1-14 of this Division and the terms established by a | ||||||
7 | Joint Apprenticeship Committee included in a collective | ||||||
8 | bargaining agreement agreed between the employer and its | ||||||
9 | certified bargaining agent. An eligible applicant must | ||||||
10 | apply to the Joint Apprenticeship Committee for preference | ||||||
11 | points under this item. The Joint Apprenticeship Committee | ||||||
12 | shall evaluate the merit of the applicant's performance, | ||||||
13 | determine the preference points to be awarded, and certify | ||||||
14 | the amount of points awarded to the commissioners. The | ||||||
15 | commissioners may add the certified preference points to | ||||||
16 | the final grades achieved by the applicant on the other | ||||||
17 | components of the examination. | ||||||
18 | (8) Scoring of preferences. The commission shall give | ||||||
19 | preference for original appointment to persons designated | ||||||
20 | in item (1)
by adding to the final grade that they receive | ||||||
21 | 5 points
for the recognized preference achieved. The | ||||||
22 | commission may give preference for original appointment to | ||||||
23 | persons designated in item (7.5) by adding to the final | ||||||
24 | grade the amount of points designated by the Joint | ||||||
25 | Apprenticeship Committee as defined in item (7.5). The | ||||||
26 | commission shall determine the number of preference points |
| |||||||
| |||||||
1 | for each category, except (1) and (7.5). The number of | ||||||
2 | preference points for each category shall range from 0 to | ||||||
3 | 5, except item (7.5). In determining the number of | ||||||
4 | preference points, the commission shall prescribe that if | ||||||
5 | a candidate earns the maximum number of preference points | ||||||
6 | in all categories except item (7.5), that number may not | ||||||
7 | be less than 10 nor more than 30. The commission shall give | ||||||
8 | preference for original appointment to persons designated | ||||||
9 | in items (2) through (7) by adding the requisite number of | ||||||
10 | points to the final grade for each recognized preference | ||||||
11 | achieved. The numerical result thus attained shall be | ||||||
12 | applied by the commission in determining the final | ||||||
13 | eligibility list and appointment from the eligibility | ||||||
14 | list. The local appointing authority may prescribe the | ||||||
15 | total number of preference points awarded under this | ||||||
16 | Section, but the total number of preference points, except | ||||||
17 | item (7.5), shall not be less than 10 points or more than | ||||||
18 | 30 points. Apprentice preference points may be added in | ||||||
19 | addition to other preference points awarded by the | ||||||
20 | commission. | ||||||
21 | No person entitled to any preference shall be required to | ||||||
22 | claim the credit before any examination held under the | ||||||
23 | provisions of this Section, but the preference shall be given | ||||||
24 | after the posting or publication of the initial eligibility | ||||||
25 | list or register at the request of a person entitled to a | ||||||
26 | credit before any certification or appointments are made from |
| |||||||
| |||||||
1 | the eligibility register, upon the furnishing of verifiable | ||||||
2 | evidence and proof of qualifying preference credit. Candidates | ||||||
3 | who are eligible for preference credit shall make a claim in | ||||||
4 | writing within 10 days after the posting of the initial | ||||||
5 | eligibility list, or the claim shall be deemed waived. Final | ||||||
6 | eligibility registers shall be established after the awarding | ||||||
7 | of verified preference points. However, apprentice preference | ||||||
8 | credit earned subsequent to the establishment of the final | ||||||
9 | eligibility register may be applied to the applicant's score | ||||||
10 | upon certification by the Joint Apprenticeship Committee to | ||||||
11 | the commission and the rank order of candidates on the final | ||||||
12 | eligibility register shall be adjusted accordingly. All | ||||||
13 | employment shall be subject to the commission's initial hire | ||||||
14 | background review including, but not limited to, criminal | ||||||
15 | history, employment history, moral character, oral | ||||||
16 | examination, and medical and psychological examinations, all | ||||||
17 | on a pass-fail basis. The medical and psychological | ||||||
18 | examinations must be conducted last, and may only be performed | ||||||
19 | after a conditional offer of employment has been extended. | ||||||
20 | Any person placed on an eligibility list who exceeds the | ||||||
21 | age requirement before being appointed to a fire department | ||||||
22 | shall remain eligible for appointment until the list is | ||||||
23 | abolished, or his or her name has been on the list for a period | ||||||
24 | of 2 years. No person who has attained the age of 35 years | ||||||
25 | shall be inducted into a fire department, except as otherwise | ||||||
26 | provided in this Section. |
| |||||||
| |||||||
1 | The commission shall strike off the names of candidates | ||||||
2 | for original appointment after the names have been on the list | ||||||
3 | for more than 2 years. | ||||||
4 | (i) Moral character. No person shall be appointed to a | ||||||
5 | fire department unless he or she is a person of good character; | ||||||
6 | not a habitual drunkard, a gambler, or a person who has been | ||||||
7 | convicted of a felony or a crime involving moral turpitude. | ||||||
8 | However, no person shall be disqualified from appointment to | ||||||
9 | the fire department because of the person's record of | ||||||
10 | misdemeanor convictions except those under Sections 11-6, | ||||||
11 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
12 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
13 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||||||
14 | subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012, or arrest for any cause | ||||||
16 | without conviction thereon. Any such person who is in the | ||||||
17 | department may be removed on charges brought for violating | ||||||
18 | this subsection and after a trial as hereinafter provided. | ||||||
19 | A classifiable set of the fingerprints of every person who | ||||||
20 | is offered employment as a certificated member of an affected | ||||||
21 | fire department whether with or without compensation, shall be | ||||||
22 | furnished to the Illinois Department of State Police and to | ||||||
23 | the Federal Bureau of Investigation by the commission. | ||||||
24 | Whenever a commission is authorized or required by law to | ||||||
25 | consider some aspect of criminal history record information | ||||||
26 | for the purpose of carrying out its statutory powers and |
| |||||||
| |||||||
1 | responsibilities, then, upon request and payment of fees in | ||||||
2 | conformance with the requirements of Section 2605-400 of the | ||||||
3 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
4 | the Department of State Police is authorized to furnish, | ||||||
5 | pursuant to positive identification, the information contained | ||||||
6 | in State files as is necessary to fulfill the request. | ||||||
7 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
8 | of public business, to meet extraordinary exigencies, or to | ||||||
9 | prevent material impairment of the fire department, the | ||||||
10 | commission may make temporary appointments, to remain in force | ||||||
11 | only until regular appointments are made under the provisions | ||||||
12 | of this Division, but never to exceed 60 days. No temporary | ||||||
13 | appointment of any one person shall be made more than twice in | ||||||
14 | any calendar year. | ||||||
15 | (k) A person who knowingly divulges or receives test | ||||||
16 | questions or answers before a written examination, or | ||||||
17 | otherwise knowingly violates or subverts any requirement of | ||||||
18 | this Section, commits a violation of this Section and may be | ||||||
19 | subject to charges for official misconduct. | ||||||
20 | A person who is the knowing recipient of test information | ||||||
21 | in advance of the examination shall be disqualified from the | ||||||
22 | examination or discharged from the position to which he or she | ||||||
23 | was appointed, as applicable, and otherwise subjected to | ||||||
24 | disciplinary actions.
| ||||||
25 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
26 | revised 11-26-19.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/10-1-48) (from Ch. 24, par. 10-1-48)
| ||||||
2 | Sec. 10-1-48.
This division is subject to the provisions | ||||||
3 | of the "The Illinois
Police Training Act ", approved August 18, | ||||||
4 | 1965, as amended and the
provisions of the " Illinois Fire | ||||||
5 | Protection Training Act ", certified
November 9, 1971 .
| ||||||
6 | Public Act 78-951 This amendatory Act of 1973 is not a | ||||||
7 | limit on any municipality which is
a home rule unit.
| ||||||
8 | (Source: P.A. 78-951; revised 8-8-19.)
| ||||||
9 | (65 ILCS 5/10-2.1-6.3) | ||||||
10 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
11 | department. | ||||||
12 | (a) Applicability. Unless a commission elects to follow | ||||||
13 | the provisions of Section 10-2.1-6.4, this Section shall apply | ||||||
14 | to all original appointments to an affected full-time fire | ||||||
15 | department. Existing registers of eligibles shall continue to | ||||||
16 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
17 | years after August 4, 2011 ( the effective date of Public Act | ||||||
18 | 97-251) this amendatory Act of the 97th General Assembly . | ||||||
19 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
20 | to the contrary, all original appointments to an affected | ||||||
21 | department to which this Section applies shall be administered | ||||||
22 | in the manner provided for in this Section. Provisions of the | ||||||
23 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
24 | adopted pursuant to such authority and other laws relating to |
| |||||||
| |||||||
1 | initial hiring of firefighters in affected departments shall | ||||||
2 | continue to apply to the extent they are compatible with this | ||||||
3 | Section, but in the event of a conflict between this Section | ||||||
4 | and any other law, this Section shall control. | ||||||
5 | A home rule or non-home rule municipality may not | ||||||
6 | administer its fire department process for original | ||||||
7 | appointments in a manner that is less stringent than this | ||||||
8 | Section. This Section is a limitation under subsection (i) of | ||||||
9 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
10 | concurrent exercise by home rule units of the powers and | ||||||
11 | functions exercised by the State. | ||||||
12 | A municipality that is operating under a court order or | ||||||
13 | consent decree regarding original appointments to a full-time | ||||||
14 | fire department before August 4, 2011 ( the effective date of | ||||||
15 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
16 | Assembly is exempt from the requirements of this Section for | ||||||
17 | the duration of the court order or consent decree. | ||||||
18 | Notwithstanding any other provision of this subsection | ||||||
19 | (a), this Section does not apply to a municipality with more | ||||||
20 | than 1,000,000 inhabitants. | ||||||
21 | (b) Original appointments. All original appointments made | ||||||
22 | to an affected fire department shall be made from a register of | ||||||
23 | eligibles established in accordance with the processes | ||||||
24 | established by this Section. Only persons who meet or exceed | ||||||
25 | the performance standards required by this Section shall be | ||||||
26 | placed on a register of eligibles for original appointment to |
| |||||||
| |||||||
1 | an affected fire department. | ||||||
2 | Whenever an appointing authority authorizes action to hire | ||||||
3 | a person to perform the duties of a firefighter or to hire a | ||||||
4 | firefighter-paramedic to fill a position that is a new | ||||||
5 | position or vacancy due to resignation, discharge, promotion, | ||||||
6 | death, the granting of a disability or retirement pension, or | ||||||
7 | any other cause, the appointing authority shall appoint to | ||||||
8 | that position the person with the highest ranking on the final | ||||||
9 | eligibility list. If the appointing authority has reason to | ||||||
10 | conclude that the highest ranked person fails to meet the | ||||||
11 | minimum standards for the position or if the appointing | ||||||
12 | authority believes an alternate candidate would better serve | ||||||
13 | the needs of the department, then the appointing authority has | ||||||
14 | the right to pass over the highest ranked person and appoint | ||||||
15 | either: (i) any person who has a ranking in the top 5% of the | ||||||
16 | register of eligibles or (ii) any person who is among the top 5 | ||||||
17 | highest ranked persons on the list of eligibles if the number | ||||||
18 | of people who have a ranking in the top 5% of the register of | ||||||
19 | eligibles is less than 5 people. | ||||||
20 | Any candidate may pass on an appointment once without | ||||||
21 | losing his or her position on the register of eligibles. Any | ||||||
22 | candidate who passes a second time may be removed from the list | ||||||
23 | by the appointing authority provided that such action shall | ||||||
24 | not prejudice a person's opportunities to participate in | ||||||
25 | future examinations, including an examination held during the | ||||||
26 | time a candidate is already on the municipality's register of |
| |||||||
| |||||||
1 | eligibles. | ||||||
2 | The sole authority to issue certificates of appointment | ||||||
3 | shall be vested in the board of fire and police commissioners. | ||||||
4 | All certificates of appointment issued to any officer or | ||||||
5 | member of an affected department shall be signed by the | ||||||
6 | chairperson and secretary, respectively, of the board upon | ||||||
7 | appointment of such officer or member to the affected | ||||||
8 | department by action of the board. After being selected from | ||||||
9 | the register of eligibles to fill a vacancy in the affected | ||||||
10 | department, each appointee shall be presented with his or her | ||||||
11 | certificate of appointment on the day on which he or she is | ||||||
12 | sworn in as a classified member of the affected department. | ||||||
13 | Firefighters who were not issued a certificate of appointment | ||||||
14 | when originally appointed shall be provided with a certificate | ||||||
15 | within 10 days after making a written request to the | ||||||
16 | chairperson of the board of fire and police commissioners. | ||||||
17 | Each person who accepts a certificate of appointment and | ||||||
18 | successfully completes his or her probationary period shall be | ||||||
19 | enrolled as a firefighter and as a regular member of the fire | ||||||
20 | department. | ||||||
21 | For the purposes of this Section, "firefighter" means any | ||||||
22 | person who has been prior to, on, or after August 4, 2011 ( the | ||||||
23 | effective date of Public Act 97-251) this amendatory Act of | ||||||
24 | the 97th General Assembly appointed to a fire department or | ||||||
25 | fire protection district or employed by a State university and | ||||||
26 | sworn or commissioned to perform firefighter duties or |
| |||||||
| |||||||
1 | paramedic duties, or both, except that the following persons | ||||||
2 | are not included: part-time firefighters; auxiliary, reserve, | ||||||
3 | or voluntary firefighters, including paid-on-call | ||||||
4 | firefighters; clerks and dispatchers or other civilian | ||||||
5 | employees of a fire department or fire protection district who | ||||||
6 | are not routinely expected to perform firefighter duties; and | ||||||
7 | elected officials. | ||||||
8 | (c) Qualification for placement on register of eligibles. | ||||||
9 | The purpose of establishing a register of eligibles is to | ||||||
10 | identify applicants who possess and demonstrate the mental | ||||||
11 | aptitude and physical ability to perform the duties required | ||||||
12 | of members of the fire department in order to provide the | ||||||
13 | highest quality of service to the public. To this end, all | ||||||
14 | applicants for original appointment to an affected fire | ||||||
15 | department shall be subject to examination and testing which | ||||||
16 | shall be public, competitive, and open to all applicants | ||||||
17 | unless the municipality shall by ordinance limit applicants to | ||||||
18 | residents of the municipality, county or counties in which the | ||||||
19 | municipality is located, State, or nation. Any examination and | ||||||
20 | testing procedure utilized under subsection (e) of this | ||||||
21 | Section shall be supported by appropriate validation evidence | ||||||
22 | and shall comply with all applicable State and federal laws. | ||||||
23 | Municipalities may establish educational, emergency medical | ||||||
24 | service licensure, and other prerequisites prerequites for | ||||||
25 | participation in an examination or for hire as a firefighter. | ||||||
26 | Any municipality may charge a fee to cover the costs of the |
| |||||||
| |||||||
1 | application process. | ||||||
2 | Residency requirements in effect at the time an individual | ||||||
3 | enters the fire service of a municipality cannot be made more | ||||||
4 | restrictive for that individual during his or her period of | ||||||
5 | service for that municipality, or be made a condition of | ||||||
6 | promotion, except for the rank or position of fire chief and | ||||||
7 | for no more than 2 positions that rank immediately below that | ||||||
8 | of the chief rank which are appointed positions pursuant to | ||||||
9 | the Fire Department Promotion Act. | ||||||
10 | No person who is 35 years of age or older shall be eligible | ||||||
11 | to take an examination for a position as a firefighter unless | ||||||
12 | the person has had previous employment status as a firefighter | ||||||
13 | in the regularly constituted fire department of the | ||||||
14 | municipality, except as provided in this Section. The age | ||||||
15 | limitation does not apply to: | ||||||
16 | (1) any person previously employed as a full-time | ||||||
17 | firefighter in a regularly constituted fire department of | ||||||
18 | (i) any municipality or fire protection district located | ||||||
19 | in Illinois, (ii) a fire protection district whose | ||||||
20 | obligations were assumed by a municipality under Section | ||||||
21 | 21 of the Fire Protection District Act, or (iii) a | ||||||
22 | municipality whose obligations were taken over by a fire | ||||||
23 | protection district, | ||||||
24 | (2) any person who has served a municipality as a | ||||||
25 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
26 | firefighter for the 5 years immediately preceding the time |
| |||||||
| |||||||
1 | that the municipality begins to use full-time firefighters | ||||||
2 | to provide all or part of its fire protection service, or | ||||||
3 | (3) any person who turned 35 while serving as a member | ||||||
4 | of the active or reserve components of any of the branches | ||||||
5 | of the Armed Forces of the United States or the National | ||||||
6 | Guard of any state, whose service was characterized as | ||||||
7 | honorable or under honorable, if separated from the | ||||||
8 | military, and is currently under the age of 40. | ||||||
9 | No person who is under 21 years of age shall be eligible | ||||||
10 | for employment as a firefighter. | ||||||
11 | No applicant shall be examined concerning his or her | ||||||
12 | political or religious opinions or affiliations. The | ||||||
13 | examinations shall be conducted by the commissioners of the | ||||||
14 | municipality or their designees and agents. | ||||||
15 | No municipality shall require that any firefighter | ||||||
16 | appointed to the lowest rank serve a probationary employment | ||||||
17 | period of longer than one year of actual active employment, | ||||||
18 | which may exclude periods of training, or injury or illness | ||||||
19 | leaves, including duty related leave, in excess of 30 calendar | ||||||
20 | days. Notwithstanding anything to the contrary in this | ||||||
21 | Section, the probationary employment period limitation may be | ||||||
22 | extended for a firefighter who is required, as a condition of | ||||||
23 | employment, to be a licensed paramedic, during which time the | ||||||
24 | sole reason that a firefighter may be discharged without a | ||||||
25 | hearing is for failing to meet the requirements for paramedic | ||||||
26 | licensure. |
| |||||||
| |||||||
1 | In the event that any applicant who has been found | ||||||
2 | eligible for appointment and whose name has been placed upon | ||||||
3 | the final eligibility register provided for in this Section | ||||||
4 | has not been appointed to a firefighter position within one | ||||||
5 | year after the date of his or her physical ability | ||||||
6 | examination, the commission may cause a second examination to | ||||||
7 | be made of that applicant's physical ability prior to his or | ||||||
8 | her appointment. If, after the second examination, the | ||||||
9 | physical ability of the applicant shall be found to be less | ||||||
10 | than the minimum standard fixed by the rules of the | ||||||
11 | commission, the applicant shall not be appointed. The | ||||||
12 | applicant's name may be retained upon the register of | ||||||
13 | candidates eligible for appointment and when next reached for | ||||||
14 | certification and appointment that applicant may be again | ||||||
15 | examined as provided in this Section, and if the physical | ||||||
16 | ability of that applicant is found to be less than the minimum | ||||||
17 | standard fixed by the rules of the commission, the applicant | ||||||
18 | shall not be appointed, and the name of the applicant shall be | ||||||
19 | removed from the register. | ||||||
20 | (d) Notice, examination, and testing components. Notice of | ||||||
21 | the time, place, general scope, merit criteria for any | ||||||
22 | subjective component, and fee of every examination shall be | ||||||
23 | given by the commission, by a publication at least 2 weeks | ||||||
24 | preceding the examination: (i) in one or more newspapers | ||||||
25 | published in the municipality, or if no newspaper is published | ||||||
26 | therein, then in one or more newspapers with a general |
| |||||||
| |||||||
1 | circulation within the municipality, or (ii) on the | ||||||
2 | municipality's Internet website. Additional notice of the | ||||||
3 | examination may be given as the commission shall prescribe. | ||||||
4 | The examination and qualifying standards for employment of | ||||||
5 | firefighters shall be based on: mental aptitude, physical | ||||||
6 | ability, preferences, moral character, and health. The mental | ||||||
7 | aptitude, physical ability, and preference components shall | ||||||
8 | determine an applicant's qualification for and placement on | ||||||
9 | the final register of eligibles. The examination may also | ||||||
10 | include a subjective component based on merit criteria as | ||||||
11 | determined by the commission. Scores from the examination must | ||||||
12 | be made available to the public. | ||||||
13 | (e) Mental aptitude. No person who does not possess at | ||||||
14 | least a high school diploma or an equivalent high school | ||||||
15 | education shall be placed on a register of eligibles. | ||||||
16 | Examination of an applicant's mental aptitude shall be based | ||||||
17 | upon a written examination. The examination shall be practical | ||||||
18 | in character and relate to those matters that fairly test the | ||||||
19 | capacity of the persons examined to discharge the duties | ||||||
20 | performed by members of a fire department. Written | ||||||
21 | examinations shall be administered in a manner that ensures | ||||||
22 | the security and accuracy of the scores achieved. | ||||||
23 | (f) Physical ability. All candidates shall be required to | ||||||
24 | undergo an examination of their physical ability to perform | ||||||
25 | the essential functions included in the duties they may be | ||||||
26 | called upon to perform as a member of a fire department. For |
| |||||||
| |||||||
1 | the purposes of this Section, essential functions of the job | ||||||
2 | are functions associated with duties that a firefighter may be | ||||||
3 | called upon to perform in response to emergency calls. The | ||||||
4 | frequency of the occurrence of those duties as part of the fire | ||||||
5 | department's regular routine shall not be a controlling factor | ||||||
6 | in the design of examination criteria or evolutions selected | ||||||
7 | for testing. These physical examinations shall be open, | ||||||
8 | competitive, and based on industry standards designed to test | ||||||
9 | each applicant's physical abilities in the following | ||||||
10 | dimensions: | ||||||
11 | (1) Muscular strength to perform tasks and evolutions | ||||||
12 | that may be required in the performance of duties | ||||||
13 | including grip strength, leg strength, and arm strength. | ||||||
14 | Tests shall be conducted under anaerobic as well as | ||||||
15 | aerobic conditions to test both the candidate's speed and | ||||||
16 | endurance in performing tasks and evolutions. Tasks tested | ||||||
17 | may be based on standards developed, or approved, by the | ||||||
18 | local appointing authority. | ||||||
19 | (2) The ability to climb ladders, operate from | ||||||
20 | heights, walk or crawl in the dark along narrow and uneven | ||||||
21 | surfaces, and operate in proximity to hazardous | ||||||
22 | environments. | ||||||
23 | (3) The ability to carry out critical, time-sensitive, | ||||||
24 | and complex problem solving during physical exertion in | ||||||
25 | stressful and hazardous environments. The testing | ||||||
26 | environment may be hot and dark with tightly enclosed |
| |||||||
| |||||||
1 | spaces, flashing lights, sirens, and other distractions. | ||||||
2 | The tests utilized to measure each applicant's
| ||||||
3 | capabilities in each of these dimensions may be tests based on
| ||||||
4 | industry standards currently in use or equivalent tests | ||||||
5 | approved by the Joint Labor-Management Committee of the Office | ||||||
6 | of the State Fire Marshal. | ||||||
7 | Physical ability examinations administered under this | ||||||
8 | Section shall be conducted with a reasonable number of | ||||||
9 | proctors and monitors, open to the public, and subject to | ||||||
10 | reasonable regulations of the commission. | ||||||
11 | (g) Scoring of examination components. Appointing | ||||||
12 | authorities may create a preliminary eligibility register. A | ||||||
13 | person shall be placed on the list based upon his or her | ||||||
14 | passage of the written examination or the passage of the | ||||||
15 | written examination and the physical ability component. | ||||||
16 | Passage of the written examination means attaining the minimum | ||||||
17 | score set by the commission. Minimum scores should be set by | ||||||
18 | the commission so as to demonstrate a candidate's ability to | ||||||
19 | perform the essential functions of the job. The minimum score | ||||||
20 | set by the commission shall be supported by appropriate | ||||||
21 | validation evidence and shall comply with all applicable State | ||||||
22 | and federal laws. The appointing authority may conduct the | ||||||
23 | physical ability component and any subjective components | ||||||
24 | subsequent to the posting of the preliminary eligibility | ||||||
25 | register. | ||||||
26 | The examination components for an initial eligibility |
| |||||||
| |||||||
1 | register shall be graded on a 100-point scale. A person's | ||||||
2 | position on the list shall be determined by the following: (i)
| ||||||
3 | the person's score on the written examination, (ii) the person
| ||||||
4 | successfully passing the physical ability component, and (iii) | ||||||
5 | the
person's results on any subjective component as described | ||||||
6 | in
subsection (d). | ||||||
7 | In order to qualify for placement on the final eligibility | ||||||
8 | register, an applicant's score on the written examination, | ||||||
9 | before any applicable preference points or subjective points | ||||||
10 | are applied, shall be at or above the minimum score as set by | ||||||
11 | the commission. The local appointing authority may prescribe | ||||||
12 | the score to qualify for placement on the final eligibility | ||||||
13 | register, but the score shall not be less than the minimum | ||||||
14 | score set by the commission. | ||||||
15 | The commission shall prepare and keep a register of | ||||||
16 | persons whose total score is not less than the minimum score | ||||||
17 | for passage and who have passed the physical ability | ||||||
18 | examination. These persons shall take rank upon the register | ||||||
19 | as candidates in the order of their relative excellence based | ||||||
20 | on the highest to the lowest total points scored on the mental | ||||||
21 | aptitude, subjective component, and preference components of | ||||||
22 | the test administered in accordance with this Section. No more | ||||||
23 | than 60 days after each examination, an initial eligibility | ||||||
24 | list shall be posted by the commission. The list shall include | ||||||
25 | the final grades of the candidates without reference to | ||||||
26 | priority of the time of examination and subject to claim for |
| |||||||
| |||||||
1 | preference credit. | ||||||
2 | Commissions may conduct additional examinations, including | ||||||
3 | without limitation a polygraph test, after a final eligibility | ||||||
4 | register is established and before it expires with the | ||||||
5 | candidates ranked by total score without regard to date of | ||||||
6 | examination. No more than 60 days after each examination, an | ||||||
7 | initial eligibility list shall be posted by the commission | ||||||
8 | showing the final grades of the candidates without reference | ||||||
9 | to priority of time of examination and subject to claim for | ||||||
10 | preference credit. | ||||||
11 | (h) Preferences. The following are preferences: | ||||||
12 | (1) Veteran preference. Persons who were engaged in | ||||||
13 | the military service of the United States for a period of | ||||||
14 | at least one year of active duty and who were honorably | ||||||
15 | discharged therefrom, or who are now or have been members | ||||||
16 | on inactive or reserve duty in such military or naval | ||||||
17 | service, shall be preferred for appointment to and | ||||||
18 | employment with the fire department of an affected | ||||||
19 | department. | ||||||
20 | (2) Fire cadet preference. Persons who have | ||||||
21 | successfully completed 2 years of study in fire techniques | ||||||
22 | or cadet training within a cadet program established under | ||||||
23 | the rules of the Joint Labor and Management Committee | ||||||
24 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
25 | Promotion Act, may be preferred for appointment to and | ||||||
26 | employment with the fire department. |
| |||||||
| |||||||
1 | (3) Educational preference. Persons who have | ||||||
2 | successfully obtained an associate's degree in the field | ||||||
3 | of fire service or emergency medical services, or a | ||||||
4 | bachelor's degree from an accredited college or university | ||||||
5 | may be preferred for appointment to and employment with | ||||||
6 | the fire department. | ||||||
7 | (4) Paramedic preference. Persons who have obtained a | ||||||
8 | license as a paramedic shall be preferred for appointment | ||||||
9 | to and employment with the fire department of an affected | ||||||
10 | department providing emergency medical services. | ||||||
11 | (5) Experience preference. All persons employed by a | ||||||
12 | municipality who have been paid-on-call or part-time | ||||||
13 | certified Firefighter II, State of Illinois or nationally | ||||||
14 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
15 | capacities shall be awarded 0.5 point for each year of | ||||||
16 | successful service in one or more of those capacities, up | ||||||
17 | to a maximum of 5 points. Certified Firefighter III and | ||||||
18 | State of Illinois or nationally licensed paramedics shall | ||||||
19 | be awarded one point per year up to a maximum of 5 points. | ||||||
20 | Applicants from outside the municipality who were employed | ||||||
21 | as full-time firefighters or firefighter-paramedics by a | ||||||
22 | fire protection district or another municipality for at | ||||||
23 | least 2 years shall be awarded 5 experience preference | ||||||
24 | points. These additional points presuppose a rating scale | ||||||
25 | totaling 100 points available for the eligibility list. If | ||||||
26 | more or fewer points are used in the rating scale for the |
| |||||||
| |||||||
1 | eligibility list, the points awarded under this subsection | ||||||
2 | shall be increased or decreased by a factor equal to the | ||||||
3 | total possible points available for the examination | ||||||
4 | divided by 100. | ||||||
5 | Upon request by the commission, the governing body of | ||||||
6 | the municipality or in the case of applicants from outside | ||||||
7 | the municipality the governing body of any fire protection | ||||||
8 | district or any other municipality shall certify to the | ||||||
9 | commission, within 10 days after the request, the number | ||||||
10 | of years of successful paid-on-call, part-time, or | ||||||
11 | full-time service of any person. A candidate may not | ||||||
12 | receive the full amount of preference points under this | ||||||
13 | subsection if the amount of points awarded would place the | ||||||
14 | candidate before a veteran on the eligibility list. If | ||||||
15 | more than one candidate receiving experience preference | ||||||
16 | points is prevented from receiving all of their points due | ||||||
17 | to not being allowed to pass a veteran, the candidates | ||||||
18 | shall be placed on the list below the veteran in rank order | ||||||
19 | based on the totals received if all points under this | ||||||
20 | subsection were to be awarded. Any remaining ties on the | ||||||
21 | list shall be determined by lot. | ||||||
22 | (6) Residency preference. Applicants whose principal | ||||||
23 | residence is located within the fire department's | ||||||
24 | jurisdiction shall be preferred for appointment to and | ||||||
25 | employment with the fire department. | ||||||
26 | (7) Additional preferences. Up to 5 additional |
| |||||||
| |||||||
1 | preference points may be awarded for unique categories | ||||||
2 | based on an applicant's experience or background as | ||||||
3 | identified by the commission. | ||||||
4 | (7.5) Apprentice preferences. A person who has | ||||||
5 | performed fire suppression service for a department as a | ||||||
6 | firefighter apprentice and otherwise meet the | ||||||
7 | qualifications for original appointment as a firefighter | ||||||
8 | specified in this Section are eligible to be awarded up to | ||||||
9 | 20 preference points. To qualify for preference points, an | ||||||
10 | applicant shall have completed a minimum of 600 hours of | ||||||
11 | fire suppression work on a regular shift for the affected | ||||||
12 | fire department over a 12-month period. The fire | ||||||
13 | suppression work must be in accordance with Section | ||||||
14 | 10-2.1-4 of this Division and the terms established by a | ||||||
15 | Joint Apprenticeship Committee included in a collective | ||||||
16 | bargaining agreement agreed between the employer and its | ||||||
17 | certified bargaining agent. An eligible applicant must | ||||||
18 | apply to the Joint Apprenticeship Committee for preference | ||||||
19 | points under this item. The Joint Apprenticeship Committee | ||||||
20 | shall evaluate the merit of the applicant's performance, | ||||||
21 | determine the preference points to be awarded, and certify | ||||||
22 | the amount of points awarded to the commissioners. The | ||||||
23 | commissioners may add the certified preference points to | ||||||
24 | the final grades achieved by the applicant on the other | ||||||
25 | components of the examination. | ||||||
26 | (8) Scoring of preferences. The commission may give |
| |||||||
| |||||||
1 | preference for original appointment
to persons designated | ||||||
2 | in item (1)
by adding to the final grade that they receive | ||||||
3 | 5 points
for the recognized preference achieved. The | ||||||
4 | commission may give preference for original appointment to | ||||||
5 | persons designated in item (7.5) by adding to the final | ||||||
6 | grade the amount of points designated by the Joint | ||||||
7 | Apprenticeship Committee as defined in item (7.5). The | ||||||
8 | commission shall determine the number of preference points | ||||||
9 | for each category, except (1) and (7.5). The number of | ||||||
10 | preference points for each category shall range from 0 to | ||||||
11 | 5, except item (7.5). In determining the number of | ||||||
12 | preference points, the commission shall prescribe that if | ||||||
13 | a candidate earns the maximum number of preference points | ||||||
14 | in all categories except item (7.5), that number may not | ||||||
15 | be less than 10 nor more than 30. The commission shall give | ||||||
16 | preference for original appointment to persons designated | ||||||
17 | in items (2) through (7) by adding the requisite number of | ||||||
18 | points to the final grade for each recognized preference | ||||||
19 | achieved. The numerical result thus attained shall be | ||||||
20 | applied by the commission in determining the final | ||||||
21 | eligibility list and appointment from the eligibility | ||||||
22 | list. The local appointing authority may prescribe the | ||||||
23 | total number of preference points awarded under this | ||||||
24 | Section, but the total number of preference points, except | ||||||
25 | item (7.5), shall not be less than 10 points or more than | ||||||
26 | 30 points. Apprentice preference points may be added in |
| |||||||
| |||||||
1 | addition to other preference points awarded by the | ||||||
2 | commission. | ||||||
3 | No person entitled to any preference shall be required to | ||||||
4 | claim the credit before any examination held under the | ||||||
5 | provisions of this Section, but the preference may be given | ||||||
6 | after the posting or publication of the initial eligibility | ||||||
7 | list or register at the request of a person entitled to a | ||||||
8 | credit before any certification or appointments are made from | ||||||
9 | the eligibility register, upon the furnishing of verifiable | ||||||
10 | evidence and proof of qualifying preference credit. Candidates | ||||||
11 | who are eligible for preference credit may make a claim in | ||||||
12 | writing within 10 days after the posting of the initial | ||||||
13 | eligibility list, or the claim may be deemed waived. Final | ||||||
14 | eligibility registers may be established after the awarding of | ||||||
15 | verified preference points. However, apprentice preference | ||||||
16 | credit earned subsequent to the establishment of the final | ||||||
17 | eligibility register may be applied to the applicant's score | ||||||
18 | upon certification by the Joint Apprenticeship Committee to | ||||||
19 | the commission and the rank order of candidates on the final | ||||||
20 | eligibility register shall be adjusted accordingly. All | ||||||
21 | employment shall be subject to the commission's initial hire | ||||||
22 | background review , including, but not limited to, criminal | ||||||
23 | history, employment history, moral character, oral | ||||||
24 | examination, and medical and psychological examinations, all | ||||||
25 | on a pass-fail basis. The medical and psychological | ||||||
26 | examinations must be conducted last, and may only be performed |
| |||||||
| |||||||
1 | after a conditional offer of employment has been extended. | ||||||
2 | Any person placed on an eligibility list who exceeds the | ||||||
3 | age requirement before being appointed to a fire department | ||||||
4 | shall remain eligible for appointment until the list is | ||||||
5 | abolished, or his or her name has been on the list for a period | ||||||
6 | of 2 years. No person who has attained the age of 35 years | ||||||
7 | shall be inducted into a fire department, except as otherwise | ||||||
8 | provided in this Section. | ||||||
9 | The commission shall strike off the names of candidates | ||||||
10 | for original appointment after the names have been on the list | ||||||
11 | for more than 2 years. | ||||||
12 | (i) Moral character. No person shall be appointed to a | ||||||
13 | fire department unless he or she is a person of good character; | ||||||
14 | not a habitual drunkard, a gambler, or a person who has been | ||||||
15 | convicted of a felony or a crime involving moral turpitude. | ||||||
16 | However, no person shall be disqualified from appointment to | ||||||
17 | the fire department because of the person's record of | ||||||
18 | misdemeanor convictions except those under Sections 11-6, | ||||||
19 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
20 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
21 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||||||
22 | subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012, or arrest for any cause | ||||||
24 | without conviction thereon. Any such person who is in the | ||||||
25 | department may be removed on charges brought for violating | ||||||
26 | this subsection and after a trial as hereinafter provided. |
| |||||||
| |||||||
1 | A classifiable set of the fingerprints of every person who | ||||||
2 | is offered employment as a certificated member of an affected | ||||||
3 | fire department whether with or without compensation, shall be | ||||||
4 | furnished to the Illinois Department of State Police and to | ||||||
5 | the Federal Bureau of Investigation by the commission. | ||||||
6 | Whenever a commission is authorized or required by law to | ||||||
7 | consider some aspect of criminal history record information | ||||||
8 | for the purpose of carrying out its statutory powers and | ||||||
9 | responsibilities, then, upon request and payment of fees in | ||||||
10 | conformance with the requirements of Section 2605-400 of the | ||||||
11 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
12 | the Department of State Police is authorized to furnish, | ||||||
13 | pursuant to positive identification, the information contained | ||||||
14 | in State files as is necessary to fulfill the request. | ||||||
15 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
16 | of public business, to meet extraordinary exigencies, or to | ||||||
17 | prevent material impairment of the fire department, the | ||||||
18 | commission may make temporary appointments, to remain in force | ||||||
19 | only until regular appointments are made under the provisions | ||||||
20 | of this Division, but never to exceed 60 days. No temporary | ||||||
21 | appointment of any one person shall be made more than twice in | ||||||
22 | any calendar year. | ||||||
23 | (k) A person who knowingly divulges or receives test | ||||||
24 | questions or answers before a written examination, or | ||||||
25 | otherwise knowingly violates or subverts any requirement of | ||||||
26 | this Section, commits a violation of this Section and may be |
| |||||||
| |||||||
1 | subject to charges for official misconduct. | ||||||
2 | A person who is the knowing recipient of test information | ||||||
3 | in advance of the examination shall be disqualified from the | ||||||
4 | examination or discharged from the position to which he or she | ||||||
5 | was appointed, as applicable, and otherwise subjected to | ||||||
6 | disciplinary actions.
| ||||||
7 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
8 | revised 11-26-19.)
| ||||||
9 | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| ||||||
10 | Sec. 11-74.4-8. Tax increment allocation financing. A | ||||||
11 | municipality may
not adopt tax increment financing in a
| ||||||
12 | redevelopment
project area after July 30, 1997 ( the effective | ||||||
13 | date of Public Act 90-258) this amendatory Act of 1997 that | ||||||
14 | will
encompass an area that is currently included in an | ||||||
15 | enterprise zone created
under the Illinois Enterprise Zone Act | ||||||
16 | unless that municipality, pursuant to
Section 5.4 of the | ||||||
17 | Illinois Enterprise Zone Act, amends the enterprise zone
| ||||||
18 | designating ordinance to limit the eligibility for tax | ||||||
19 | abatements as provided
in Section 5.4.1 of the Illinois | ||||||
20 | Enterprise Zone Act.
A municipality, at the time a | ||||||
21 | redevelopment project area
is designated, may adopt tax | ||||||
22 | increment allocation financing by passing an
ordinance | ||||||
23 | providing that the ad valorem taxes, if any, arising from the
| ||||||
24 | levies upon taxable real property in such redevelopment | ||||||
25 | project
area by taxing districts and tax rates determined in |
| |||||||
| |||||||
1 | the manner provided
in paragraph (c) of Section 11-74.4-9 each | ||||||
2 | year after the effective
date of the ordinance until | ||||||
3 | redevelopment project costs and all municipal
obligations | ||||||
4 | financing redevelopment project costs incurred under this | ||||||
5 | Division
have been paid shall be divided as follows, provided, | ||||||
6 | however, that with respect to any redevelopment project area | ||||||
7 | located within a transit facility improvement area established | ||||||
8 | pursuant to Section 11-74.4-3.3 in a municipality with a | ||||||
9 | population of 1,000,000 or more, ad valorem taxes, if any, | ||||||
10 | arising from the levies upon taxable real property in such | ||||||
11 | redevelopment project area shall be allocated as specifically | ||||||
12 | provided in this Section:
| ||||||
13 | (a) That portion of taxes levied upon each taxable | ||||||
14 | lot, block, tract , or
parcel of real property which is | ||||||
15 | attributable to the lower of the current
equalized | ||||||
16 | assessed value or the initial equalized assessed
value of | ||||||
17 | each such taxable lot, block, tract , or parcel of real | ||||||
18 | property
in the redevelopment project area shall be | ||||||
19 | allocated to and when collected
shall be paid by the | ||||||
20 | county collector to the respective affected taxing
| ||||||
21 | districts in the manner required by law in the absence of | ||||||
22 | the adoption of
tax increment allocation financing.
| ||||||
23 | (b) Except from a tax levied by a township to retire | ||||||
24 | bonds issued to satisfy
court-ordered damages, that | ||||||
25 | portion, if any, of such taxes which is
attributable to | ||||||
26 | the
increase in the current equalized assessed valuation |
| |||||||
| |||||||
1 | of each taxable lot,
block, tract , or parcel of real | ||||||
2 | property in the redevelopment project area
over and above | ||||||
3 | the initial equalized assessed value of each property in | ||||||
4 | the
project area shall be allocated to and when collected | ||||||
5 | shall be paid to the
municipal treasurer who shall deposit | ||||||
6 | said taxes into a special fund called
the special tax | ||||||
7 | allocation fund of the municipality for the purpose of
| ||||||
8 | paying redevelopment project costs and obligations | ||||||
9 | incurred in the payment
thereof. In any county with a | ||||||
10 | population of 3,000,000 or more that has adopted
a | ||||||
11 | procedure for collecting taxes that provides for one or | ||||||
12 | more of the
installments of the taxes to be billed and | ||||||
13 | collected on an estimated basis,
the municipal treasurer | ||||||
14 | shall be paid for deposit in the special tax
allocation | ||||||
15 | fund of the municipality, from the taxes collected from
| ||||||
16 | estimated bills issued for property in the redevelopment | ||||||
17 | project area, the
difference between the amount actually | ||||||
18 | collected from each taxable lot,
block, tract, or parcel | ||||||
19 | of real property within the redevelopment project
area and | ||||||
20 | an amount determined by multiplying the rate at which | ||||||
21 | taxes were
last extended against the taxable lot, block, | ||||||
22 | tract track , or parcel of real
property in the manner | ||||||
23 | provided in subsection (c) of Section 11-74.4-9 by
the | ||||||
24 | initial equalized assessed value of the property divided | ||||||
25 | by the number
of installments in which real estate taxes | ||||||
26 | are billed and collected within
the county; provided that |
| |||||||
| |||||||
1 | the payments on or before December 31,
1999 to a municipal | ||||||
2 | treasurer shall be made only if each of the following
| ||||||
3 | conditions are met:
| ||||||
4 | (1) The total equalized assessed value of the | ||||||
5 | redevelopment project
area as last determined was not | ||||||
6 | less than 175% of the total initial
equalized assessed | ||||||
7 | value.
| ||||||
8 | (2) Not more than 50% of the total equalized | ||||||
9 | assessed value of the
redevelopment project area as | ||||||
10 | last determined is attributable to a piece of
property | ||||||
11 | assigned a single real estate index number.
| ||||||
12 | (3) The municipal clerk has certified to the | ||||||
13 | county clerk that the
municipality has issued its | ||||||
14 | obligations to which there has been pledged
the | ||||||
15 | incremental property taxes of the redevelopment | ||||||
16 | project area or taxes
levied and collected on any or | ||||||
17 | all property in the municipality or
the full faith and | ||||||
18 | credit of the municipality to pay or secure payment | ||||||
19 | for
all or a portion of the redevelopment project | ||||||
20 | costs. The certification
shall be filed annually no | ||||||
21 | later than September 1 for the estimated taxes
to be | ||||||
22 | distributed in the following year; however, for the | ||||||
23 | year 1992 the
certification shall be made at any time | ||||||
24 | on or before March 31, 1992.
| ||||||
25 | (4) The municipality has not requested that the | ||||||
26 | total initial
equalized assessed value of real |
| |||||||
| |||||||
1 | property be adjusted as provided in
subsection (b) of | ||||||
2 | Section 11-74.4-9.
| ||||||
3 | The conditions of paragraphs (1) through (4) do not | ||||||
4 | apply after December
31, 1999 to payments to a municipal | ||||||
5 | treasurer
made by a county with 3,000,000 or more | ||||||
6 | inhabitants that has adopted an
estimated billing | ||||||
7 | procedure for collecting taxes.
If a county that has | ||||||
8 | adopted the estimated billing
procedure makes an erroneous | ||||||
9 | overpayment of tax revenue to the municipal
treasurer, | ||||||
10 | then the county may seek a refund of that overpayment.
The | ||||||
11 | county shall send the municipal treasurer a notice of | ||||||
12 | liability for the
overpayment on or before the mailing | ||||||
13 | date of the next real estate tax bill
within the county. | ||||||
14 | The refund shall be limited to the amount of the
| ||||||
15 | overpayment.
| ||||||
16 | It is the intent of this Division that after July 29, | ||||||
17 | 1988 ( the effective date of Public Act 85-1142) this
| ||||||
18 | amendatory Act of 1988 a municipality's own ad valorem
tax | ||||||
19 | arising from levies on taxable real property be included | ||||||
20 | in the
determination of incremental revenue in the manner | ||||||
21 | provided in paragraph
(c) of Section 11-74.4-9. If the | ||||||
22 | municipality does not extend such a tax,
it shall annually | ||||||
23 | deposit in the municipality's Special Tax Increment Fund
| ||||||
24 | an amount equal to 10% of the total contributions to the | ||||||
25 | fund from all
other taxing districts in that year. The | ||||||
26 | annual 10% deposit required by
this paragraph shall be |
| |||||||
| |||||||
1 | limited to the actual amount of municipally
produced | ||||||
2 | incremental tax revenues available to the municipality | ||||||
3 | from
taxpayers located in the redevelopment project area | ||||||
4 | in that year if:
(a) the plan for the area restricts the | ||||||
5 | use of the property primarily to
industrial purposes, (b) | ||||||
6 | the municipality establishing the redevelopment
project | ||||||
7 | area is a home rule home-rule community with a 1990 | ||||||
8 | population of between
25,000 and 50,000, (c) the | ||||||
9 | municipality is wholly located within a county
with a 1990 | ||||||
10 | population of over 750,000 and (d) the redevelopment | ||||||
11 | project
area was established by the municipality prior to | ||||||
12 | June 1, 1990. This
payment shall be in lieu of a | ||||||
13 | contribution of ad valorem taxes on real
property. If no | ||||||
14 | such payment is made, any redevelopment project area of | ||||||
15 | the
municipality shall be dissolved.
| ||||||
16 | If a municipality has adopted tax increment allocation | ||||||
17 | financing by ordinance
and the County Clerk thereafter | ||||||
18 | certifies the "total initial equalized assessed
value as | ||||||
19 | adjusted" of the taxable real property within such | ||||||
20 | redevelopment
project area in the manner provided in | ||||||
21 | paragraph (b) of Section 11-74.4-9,
each year after the | ||||||
22 | date of the certification of the total initial equalized
| ||||||
23 | assessed value as adjusted until redevelopment project | ||||||
24 | costs and all
municipal obligations financing | ||||||
25 | redevelopment project costs have been paid
the ad valorem | ||||||
26 | taxes, if any, arising from the levies upon the taxable |
| |||||||
| |||||||
1 | real
property in such redevelopment project area by taxing | ||||||
2 | districts and tax
rates determined in the manner provided | ||||||
3 | in paragraph (c) of Section
11-74.4-9 shall be divided as | ||||||
4 | follows, provided, however, that with respect to any | ||||||
5 | redevelopment project area located within a transit | ||||||
6 | facility improvement area established pursuant to Section | ||||||
7 | 11-74.4-3.3 in a municipality with a population of | ||||||
8 | 1,000,000 or more, ad valorem taxes, if any, arising from | ||||||
9 | the levies upon the taxable real property in such | ||||||
10 | redevelopment project area shall be allocated as | ||||||
11 | specifically provided in this Section:
| ||||||
12 | (1) That portion of the taxes levied upon each | ||||||
13 | taxable lot, block, tract ,
or parcel of real property | ||||||
14 | which is attributable to the lower of the
current | ||||||
15 | equalized assessed value or "current equalized | ||||||
16 | assessed value as
adjusted" or the initial equalized | ||||||
17 | assessed value of each such taxable lot,
block, tract, | ||||||
18 | or parcel of real property existing at the time tax | ||||||
19 | increment
financing was adopted, minus the total | ||||||
20 | current homestead exemptions under Article 15 of the | ||||||
21 | Property
Tax Code in the
redevelopment project area | ||||||
22 | shall be allocated to and when collected shall be
paid | ||||||
23 | by the county collector to the respective affected | ||||||
24 | taxing districts in the
manner required by law in the | ||||||
25 | absence of the adoption of tax increment
allocation | ||||||
26 | financing.
|
| |||||||
| |||||||
1 | (2) That portion, if any, of such taxes which is | ||||||
2 | attributable to the
increase in the current equalized | ||||||
3 | assessed valuation of each taxable lot,
block, tract, | ||||||
4 | or parcel of real property in the redevelopment | ||||||
5 | project area,
over and above the initial equalized | ||||||
6 | assessed value of each property
existing at the time | ||||||
7 | tax increment financing was adopted, minus the total
| ||||||
8 | current homestead exemptions pertaining to each piece | ||||||
9 | of property provided
by Article 15 of the Property Tax | ||||||
10 | Code
in the redevelopment
project area, shall be | ||||||
11 | allocated to and when collected shall be paid to the
| ||||||
12 | municipal Treasurer, who shall deposit said taxes into | ||||||
13 | a special fund called
the special tax allocation fund | ||||||
14 | of the municipality for the purpose of paying
| ||||||
15 | redevelopment project costs and obligations incurred | ||||||
16 | in the payment thereof.
| ||||||
17 | The municipality may pledge in the ordinance the funds | ||||||
18 | in and to be
deposited in the special tax allocation fund | ||||||
19 | for the payment of such costs
and obligations. No part of | ||||||
20 | the current equalized assessed valuation of
each property | ||||||
21 | in the redevelopment project area attributable to any
| ||||||
22 | increase above the total initial equalized assessed value, | ||||||
23 | or the total
initial equalized assessed value as adjusted, | ||||||
24 | of such properties shall be
used in calculating the | ||||||
25 | general State aid formula, provided for in
Section 18-8 of | ||||||
26 | the School Code, or the evidence-based funding formula, |
| |||||||
| |||||||
1 | provided for in Section 18-8.15 of the School Code, until | ||||||
2 | such time as all redevelopment
project costs have been | ||||||
3 | paid as provided for in this Section.
| ||||||
4 | Whenever a municipality issues bonds for the purpose | ||||||
5 | of financing
redevelopment project costs, such | ||||||
6 | municipality may provide by ordinance for the
appointment | ||||||
7 | of a trustee, which may be any trust company within the | ||||||
8 | State,
and for the establishment of such funds or accounts | ||||||
9 | to be maintained by
such trustee as the municipality shall | ||||||
10 | deem necessary to provide for the
security and payment of | ||||||
11 | the bonds. If such municipality provides for
the | ||||||
12 | appointment of a trustee, such trustee shall be considered | ||||||
13 | the assignee
of any payments assigned by the municipality | ||||||
14 | pursuant to such ordinance
and this Section. Any amounts | ||||||
15 | paid to such trustee as assignee shall be
deposited in the | ||||||
16 | funds or accounts established pursuant to such trust
| ||||||
17 | agreement, and shall be held by such trustee in trust for | ||||||
18 | the benefit of the
holders of the bonds, and such holders | ||||||
19 | shall have a lien on and a security
interest in such funds | ||||||
20 | or accounts so long as the bonds remain outstanding and
| ||||||
21 | unpaid. Upon retirement of the bonds, the trustee shall | ||||||
22 | pay over any excess
amounts held to the municipality for | ||||||
23 | deposit in the special tax allocation
fund.
| ||||||
24 | When such redevelopment projects costs, including , | ||||||
25 | without limitation , all
municipal obligations financing | ||||||
26 | redevelopment project costs incurred under
this Division, |
| |||||||
| |||||||
1 | have been paid, all surplus funds then remaining in the
| ||||||
2 | special tax allocation fund shall be distributed
by being | ||||||
3 | paid by the
municipal treasurer to the Department of | ||||||
4 | Revenue, the municipality and the
county collector; first | ||||||
5 | to the Department of Revenue and the municipality
in | ||||||
6 | direct proportion to the tax incremental revenue received | ||||||
7 | from the State
and the municipality, but not to exceed the | ||||||
8 | total incremental revenue received
from the State or the | ||||||
9 | municipality less any annual surplus distribution
of | ||||||
10 | incremental revenue previously made; with any remaining | ||||||
11 | funds to be paid
to the County Collector who shall | ||||||
12 | immediately thereafter pay said funds to
the taxing | ||||||
13 | districts in the redevelopment project area in the same | ||||||
14 | manner
and proportion as the most recent distribution by | ||||||
15 | the county collector to
the affected districts of real | ||||||
16 | property taxes from real property in the
redevelopment | ||||||
17 | project area.
| ||||||
18 | Upon the payment of all redevelopment project costs, | ||||||
19 | the retirement of
obligations, the distribution of any | ||||||
20 | excess monies pursuant to this
Section, and final closing | ||||||
21 | of the books and records of the redevelopment
project
| ||||||
22 | area, the municipality shall adopt an ordinance dissolving | ||||||
23 | the special
tax allocation fund for the redevelopment | ||||||
24 | project area and terminating the
designation of the | ||||||
25 | redevelopment project area as a redevelopment project
| ||||||
26 | area.
Title to real or personal property and public |
| |||||||
| |||||||
1 | improvements
acquired
by or for
the
municipality as a | ||||||
2 | result of the redevelopment project and plan shall vest in
| ||||||
3 | the
municipality when acquired and shall continue to be | ||||||
4 | held by the municipality
after the redevelopment project | ||||||
5 | area has been terminated.
Municipalities shall notify | ||||||
6 | affected taxing districts prior to
November 1 if the | ||||||
7 | redevelopment project area is to be terminated by December | ||||||
8 | 31
of
that same year. If a municipality extends estimated | ||||||
9 | dates of completion of a
redevelopment project and | ||||||
10 | retirement of obligations to finance a
redevelopment | ||||||
11 | project, as allowed by Public Act 87-1272 this amendatory | ||||||
12 | Act of 1993 , that
extension shall not extend the property | ||||||
13 | tax increment allocation financing
authorized by this | ||||||
14 | Section. Thereafter the rates of the taxing districts
| ||||||
15 | shall be extended and taxes levied, collected and | ||||||
16 | distributed in the manner
applicable in the absence of the | ||||||
17 | adoption of tax increment allocation
financing.
| ||||||
18 | If a municipality with a population of 1,000,000 or | ||||||
19 | more has adopted by ordinance tax increment allocation | ||||||
20 | financing for a redevelopment project area located in a | ||||||
21 | transit facility improvement area established pursuant to | ||||||
22 | Section 11-74.4-3.3, for each year after the effective | ||||||
23 | date of the ordinance until redevelopment project costs | ||||||
24 | and all municipal obligations financing redevelopment | ||||||
25 | project costs have been paid, the ad valorem taxes, if | ||||||
26 | any, arising from the levies upon the taxable real |
| |||||||
| |||||||
1 | property in that redevelopment project area by taxing | ||||||
2 | districts and tax rates determined in the manner provided | ||||||
3 | in paragraph (c) of Section 11-74.4-9 shall be divided as | ||||||
4 | follows: | ||||||
5 | (1) That portion of the taxes levied upon each | ||||||
6 | taxable lot, block, tract , or parcel of real property | ||||||
7 | which is attributable to the lower of (i) the current | ||||||
8 | equalized assessed value or "current equalized | ||||||
9 | assessed value as adjusted" or (ii) the initial | ||||||
10 | equalized assessed value of each such taxable lot, | ||||||
11 | block, tract, or parcel of real property existing at | ||||||
12 | the time tax increment financing was adopted, minus | ||||||
13 | the total current homestead exemptions under Article | ||||||
14 | 15 of the Property Tax Code in the redevelopment | ||||||
15 | project area shall be allocated to and when collected | ||||||
16 | shall be paid by the county collector to the | ||||||
17 | respective affected taxing districts in the manner | ||||||
18 | required by law in the absence of the adoption of tax | ||||||
19 | increment allocation financing. | ||||||
20 | (2) That portion, if any, of such taxes which is | ||||||
21 | attributable to the increase in the current equalized | ||||||
22 | assessed valuation of each taxable lot, block, tract, | ||||||
23 | or parcel of real property in the redevelopment | ||||||
24 | project area, over and above the initial equalized | ||||||
25 | assessed value of each property existing at the time | ||||||
26 | tax increment financing was adopted, minus the total |
| |||||||
| |||||||
1 | current homestead exemptions pertaining to each piece | ||||||
2 | of property provided by Article 15 of the Property Tax | ||||||
3 | Code in the redevelopment project area, shall be | ||||||
4 | allocated to and when collected shall be paid by the | ||||||
5 | county collector as follows: | ||||||
6 | (A) First, that portion which would be payable | ||||||
7 | to a school district whose boundaries are | ||||||
8 | coterminous with such municipality in the absence | ||||||
9 | of the adoption of tax increment allocation | ||||||
10 | financing, shall be paid to such school district | ||||||
11 | in the manner required by law in the absence of the | ||||||
12 | adoption of tax increment allocation financing; | ||||||
13 | then | ||||||
14 | (B) 80% of the remaining portion shall be paid | ||||||
15 | to the municipal Treasurer, who shall deposit said | ||||||
16 | taxes into a special fund called the special tax | ||||||
17 | allocation fund of the municipality for the | ||||||
18 | purpose of paying redevelopment project costs and | ||||||
19 | obligations incurred in the payment thereof; and | ||||||
20 | then | ||||||
21 | (C) 20% of the remaining portion shall be paid | ||||||
22 | to the respective affected taxing districts, other | ||||||
23 | than the school district described in clause (a) | ||||||
24 | above, in the manner required by law in the | ||||||
25 | absence of the adoption of tax increment | ||||||
26 | allocation financing. |
| |||||||
| |||||||
1 | Nothing in this Section shall be construed as relieving | ||||||
2 | property in such
redevelopment project areas from being | ||||||
3 | assessed as provided in the Property
Tax Code or as relieving | ||||||
4 | owners of such property from paying a uniform rate of
taxes, as | ||||||
5 | required by Section 4 of Article IX of the Illinois | ||||||
6 | Constitution.
| ||||||
7 | (Source: P.A. 99-792, eff. 8-12-16; 100-465, eff. 8-31-17; | ||||||
8 | revised 8-8-19.)
| ||||||
9 | (65 ILCS 5/11-74.6-35)
| ||||||
10 | Sec. 11-74.6-35. Ordinance for tax increment allocation | ||||||
11 | financing.
| ||||||
12 | (a) A municipality, at the time a redevelopment project | ||||||
13 | area
is designated, may adopt tax increment allocation | ||||||
14 | financing by passing an
ordinance providing that the ad | ||||||
15 | valorem taxes, if any, arising from the
levies upon taxable | ||||||
16 | real property within the redevelopment project
area by taxing | ||||||
17 | districts and tax rates determined in the manner provided
in | ||||||
18 | subsection (b) of Section 11-74.6-40 each year after the | ||||||
19 | effective
date of the ordinance until redevelopment project | ||||||
20 | costs and all municipal
obligations financing redevelopment | ||||||
21 | project costs incurred under this Act
have been paid shall be | ||||||
22 | divided as follows:
| ||||||
23 | (1) That portion of the taxes levied upon each taxable | ||||||
24 | lot, block,
tract , or parcel of real property that is | ||||||
25 | attributable to the lower of the
current equalized |
| |||||||
| |||||||
1 | assessed value or the initial equalized assessed value or | ||||||
2 | the
updated initial equalized assessed value of
each | ||||||
3 | taxable lot, block, tract , or parcel of real property in | ||||||
4 | the
redevelopment project area shall be allocated to and | ||||||
5 | when collected shall
be paid by the county collector to | ||||||
6 | the respective affected taxing districts
in the manner | ||||||
7 | required by law without regard to the adoption of tax
| ||||||
8 | increment allocation financing.
| ||||||
9 | (2) That portion, if any, of those taxes that is | ||||||
10 | attributable to the
increase in the current equalized | ||||||
11 | assessed value of each taxable lot,
block, tract , or | ||||||
12 | parcel of real property in the redevelopment project area,
| ||||||
13 | over and above the initial equalized assessed value or the | ||||||
14 | updated initial
equalized assessed value of each property | ||||||
15 | in the
project area, shall be allocated to and when | ||||||
16 | collected shall be paid by the
county collector to the | ||||||
17 | municipal treasurer who shall deposit that portion
of | ||||||
18 | those taxes into a special fund called the special tax | ||||||
19 | allocation fund
of the municipality for the purpose of | ||||||
20 | paying redevelopment project costs
and obligations | ||||||
21 | incurred in the payment of those costs and obligations.
In | ||||||
22 | any county with a population of 3,000,000 or more that has | ||||||
23 | adopted
a procedure for collecting taxes that provides for | ||||||
24 | one or more of the
installments of the taxes to be billed | ||||||
25 | and collected on an estimated basis,
the municipal | ||||||
26 | treasurer shall be paid for deposit in the special tax
|
| |||||||
| |||||||
1 | allocation fund of the municipality, from the taxes | ||||||
2 | collected from
estimated bills issued for property in the | ||||||
3 | redevelopment project area, the
difference between the | ||||||
4 | amount actually collected from each taxable lot,
block, | ||||||
5 | tract, or parcel of real property within the redevelopment | ||||||
6 | project
area and an amount determined by multiplying the | ||||||
7 | rate at which taxes were
last extended against the taxable | ||||||
8 | lot, block, tract track , or parcel of real
property in the | ||||||
9 | manner provided in subsection (b) of Section 11-74.6-40 by
| ||||||
10 | the initial equalized assessed value or the updated | ||||||
11 | initial equalized assessed
value of the property divided | ||||||
12 | by the number
of installments in which real estate taxes | ||||||
13 | are billed and collected within
the county, provided that | ||||||
14 | the payments on or before December 31, 1999 to a
municipal | ||||||
15 | treasurer shall be made only if each of the following | ||||||
16 | conditions
are met:
| ||||||
17 | (A) The total equalized assessed value of the | ||||||
18 | redevelopment project
area as last determined was not | ||||||
19 | less than 175% of the total initial
equalized assessed | ||||||
20 | value.
| ||||||
21 | (B) Not more than 50% of the total equalized | ||||||
22 | assessed value of the
redevelopment project area as | ||||||
23 | last determined is attributable to a piece of
property | ||||||
24 | assigned a single real estate index number.
| ||||||
25 | (C) The municipal clerk has certified to the | ||||||
26 | county clerk that the
municipality has issued its |
| |||||||
| |||||||
1 | obligations to which there has been pledged
the | ||||||
2 | incremental property taxes of the redevelopment | ||||||
3 | project area or taxes
levied and collected on any or | ||||||
4 | all property in the municipality or
the full faith and | ||||||
5 | credit of the municipality to pay or secure payment | ||||||
6 | for
all or a portion of the redevelopment project | ||||||
7 | costs. The certification
shall be filed annually no | ||||||
8 | later than September 1 for the estimated taxes
to be | ||||||
9 | distributed in the following year.
| ||||||
10 | The conditions of paragraphs (A) through (C) do not apply | ||||||
11 | after December
31, 1999 to payments to a municipal treasurer
| ||||||
12 | made by a county with 3,000,000 or more inhabitants that has | ||||||
13 | adopted an
estimated billing procedure for collecting taxes.
| ||||||
14 | If a county that has adopted the estimated billing
procedure | ||||||
15 | makes an erroneous overpayment of tax revenue to the municipal
| ||||||
16 | treasurer, then the county may seek a refund of that | ||||||
17 | overpayment.
The county shall send the municipal treasurer a | ||||||
18 | notice of liability for the
overpayment on or before the | ||||||
19 | mailing date of the next real estate tax bill
within the | ||||||
20 | county. The refund shall be limited to the amount of the
| ||||||
21 | overpayment.
| ||||||
22 | (b) It is the intent of this Act that a municipality's own | ||||||
23 | ad valorem
tax arising from levies on taxable real property be | ||||||
24 | included in the
determination of incremental revenue in the | ||||||
25 | manner provided in paragraph
(b) of Section 11-74.6-40.
| ||||||
26 | (c) If a municipality has adopted tax increment allocation |
| |||||||
| |||||||
1 | financing for a
redevelopment project area by
ordinance and | ||||||
2 | the county clerk thereafter certifies the total initial
| ||||||
3 | equalized assessed value or the total updated initial | ||||||
4 | equalized
assessed value of the taxable real property within | ||||||
5 | such redevelopment
project area in the manner provided in | ||||||
6 | paragraph (a) or (b) of Section
11-74.6-40, each year after | ||||||
7 | the date of the certification of the total
initial equalized | ||||||
8 | assessed value or the total updated initial
equalized assessed | ||||||
9 | value until redevelopment project costs and all
municipal | ||||||
10 | obligations financing redevelopment project costs have been | ||||||
11 | paid,
the ad valorem taxes, if any, arising from the levies | ||||||
12 | upon the taxable real
property in the redevelopment project | ||||||
13 | area by taxing districts and tax
rates determined in the | ||||||
14 | manner provided in paragraph (b) of Section
11-74.6-40 shall | ||||||
15 | be divided as follows:
| ||||||
16 | (1) That portion of the taxes levied upon each taxable | ||||||
17 | lot, block, tract
or parcel of real property that is | ||||||
18 | attributable to the lower of the
current equalized | ||||||
19 | assessed value or the initial equalized assessed value, or
| ||||||
20 | the updated initial equalized assessed value of each | ||||||
21 | parcel if the updated
initial equalized assessed value of | ||||||
22 | that parcel has been certified in
accordance with Section | ||||||
23 | 11-74.6-40, whichever has been most
recently certified, of | ||||||
24 | each taxable lot, block, tract, or parcel of real
property | ||||||
25 | existing at the time tax increment allocation financing | ||||||
26 | was
adopted in the redevelopment project area, shall be |
| |||||||
| |||||||
1 | allocated to and when
collected shall be paid by the | ||||||
2 | county collector to the respective affected
taxing | ||||||
3 | districts in the manner required by law without regard to | ||||||
4 | the adoption
of tax increment allocation financing.
| ||||||
5 | (2) That portion, if any, of those taxes that is | ||||||
6 | attributable to the
increase in the current equalized | ||||||
7 | assessed value of each taxable lot,
block, tract, or | ||||||
8 | parcel of real property in the redevelopment project area,
| ||||||
9 | over and above the initial equalized assessed value of | ||||||
10 | each property
existing at the time tax increment | ||||||
11 | allocation financing was adopted
in the redevelopment | ||||||
12 | project area, or
the updated initial equalized assessed | ||||||
13 | value of each parcel if the updated
initial equalized | ||||||
14 | assessed value of that parcel has been certified in
| ||||||
15 | accordance with Section 11-74.6-40, shall be allocated to | ||||||
16 | and when collected
shall be paid to the municipal | ||||||
17 | treasurer, who shall deposit those taxes
into a special | ||||||
18 | fund called the special tax allocation fund of the
| ||||||
19 | municipality for the purpose of paying redevelopment | ||||||
20 | project costs and
obligations incurred in the payment | ||||||
21 | thereof.
| ||||||
22 | (d) The municipality may pledge in the ordinance the funds | ||||||
23 | in and to be
deposited in the special tax allocation fund for | ||||||
24 | the payment of
redevelopment project costs and obligations. No | ||||||
25 | part of the current
equalized assessed value of each property | ||||||
26 | in the redevelopment project
area attributable to any increase |
| |||||||
| |||||||
1 | above the total initial equalized
assessed value
or the total | ||||||
2 | initial updated equalized assessed value of the property,
| ||||||
3 | shall be used in calculating the general State aid formula, | ||||||
4 | provided
for in Section 18-8 of the School Code, or the | ||||||
5 | evidence-based funding formula, provided for in Section | ||||||
6 | 18-8.15 of the School Code, until all redevelopment project
| ||||||
7 | costs have been paid as provided for in this Section.
| ||||||
8 | Whenever a municipality issues bonds for the purpose of | ||||||
9 | financing
redevelopment project costs, that municipality may | ||||||
10 | provide by ordinance for the
appointment of a trustee, which | ||||||
11 | may be any trust company within the State,
and for the | ||||||
12 | establishment of any funds or accounts to be maintained by
| ||||||
13 | that trustee, as the municipality deems necessary to provide | ||||||
14 | for the
security and payment of the bonds. If the municipality | ||||||
15 | provides for
the appointment of a trustee, the trustee shall | ||||||
16 | be considered the assignee
of any payments assigned by the | ||||||
17 | municipality under that ordinance
and this Section. Any | ||||||
18 | amounts paid to the trustee as
assignee shall be deposited | ||||||
19 | into the funds or accounts established
under the trust | ||||||
20 | agreement, and shall be held by the trustee in trust for the
| ||||||
21 | benefit of the holders of the bonds. The holders of those bonds | ||||||
22 | shall have a
lien on and a security interest in those funds or | ||||||
23 | accounts while the
bonds remain outstanding and unpaid. Upon | ||||||
24 | retirement of the bonds,
the trustee shall pay over any excess | ||||||
25 | amounts held to the municipality for
deposit in the special | ||||||
26 | tax allocation fund.
|
| |||||||
| |||||||
1 | When the redevelopment projects costs, including without | ||||||
2 | limitation all
municipal obligations financing redevelopment | ||||||
3 | project costs incurred under
this Law, have been paid, all | ||||||
4 | surplus funds then remaining in the
special tax allocation | ||||||
5 | fund shall be distributed by being paid by the
municipal | ||||||
6 | treasurer to the municipality and the county collector; first | ||||||
7 | to
the municipality in direct proportion to the tax | ||||||
8 | incremental revenue
received from the municipality, but not to | ||||||
9 | exceed the total incremental
revenue received from the | ||||||
10 | municipality, minus any annual surplus
distribution of | ||||||
11 | incremental revenue previously made. Any remaining funds
shall | ||||||
12 | be paid to the county collector who shall immediately | ||||||
13 | distribute that
payment to the taxing districts in the | ||||||
14 | redevelopment project area in the
same manner and proportion | ||||||
15 | as the most recent distribution by the county
collector to the | ||||||
16 | affected districts of real property taxes from real
property | ||||||
17 | situated in the redevelopment project area.
| ||||||
18 | Upon the payment of all redevelopment project costs, | ||||||
19 | retirement of
obligations and the distribution of any excess | ||||||
20 | moneys under this
Section, the municipality shall adopt an | ||||||
21 | ordinance dissolving the special
tax allocation fund for the | ||||||
22 | redevelopment project area and terminating the
designation of | ||||||
23 | the redevelopment project area as a redevelopment project
| ||||||
24 | area. Thereafter the tax levies of taxing districts shall be | ||||||
25 | extended,
collected and distributed in the same manner | ||||||
26 | applicable
before the adoption of tax increment allocation |
| |||||||
| |||||||
1 | financing.
Municipality shall notify affected taxing districts | ||||||
2 | prior to November if the
redevelopment project area is to be | ||||||
3 | terminated by December 31 of that same
year.
| ||||||
4 | Nothing in this Section shall be construed as relieving | ||||||
5 | property in a
redevelopment project area from being assessed | ||||||
6 | as provided in the Property
Tax Code or as relieving owners of | ||||||
7 | that property
from paying a uniform rate of taxes, as required | ||||||
8 | by Section 4 of Article IX
of the Illinois Constitution.
| ||||||
9 | (Source: P.A. 100-465, eff. 8-31-17; revised 8-8-19.)
| ||||||
10 | (65 ILCS 5/11-101-3) | ||||||
11 | Sec. 11-101-3. Noise mitigation; air quality. | ||||||
12 | (a) A municipality that has implemented a Residential | ||||||
13 | Sound Insulation Program to mitigate aircraft noise shall | ||||||
14 | perform indoor air quality monitoring and laboratory analysis | ||||||
15 | of windows and doors installed pursuant to the Residential | ||||||
16 | Sound Insulation Program to determine whether there are any | ||||||
17 | adverse health impacts associated with off-gassing from such | ||||||
18 | windows and doors. Such monitoring and analysis shall be | ||||||
19 | consistent with applicable professional and industry | ||||||
20 | standards. The municipality shall make any final reports | ||||||
21 | resulting from such monitoring and analysis available to the | ||||||
22 | public on the municipality's website. The municipality shall | ||||||
23 | develop a science-based mitigation plan to address significant | ||||||
24 | health-related impacts, if any, associated with such windows | ||||||
25 | and doors as determined by the results of the monitoring and |
| |||||||
| |||||||
1 | analysis. In a municipality that has implemented a Residential | ||||||
2 | Sound Insulation Program to mitigate aircraft noise, if | ||||||
3 | requested by the homeowner pursuant to a process established | ||||||
4 | by the municipality, which process shall include, at a | ||||||
5 | minimum, notification in a newspaper of general circulation | ||||||
6 | and a mailer sent to every address identified as a recipient of | ||||||
7 | windows and doors installed under the Residential Sound | ||||||
8 | Insulation Program, the municipality shall replace all windows | ||||||
9 | and doors installed under the Residential Sound Insulation | ||||||
10 | Program in such homes where one or more windows or doors have | ||||||
11 | been found to have caused offensive odors. Only those | ||||||
12 | homeowners who request that the municipality perform an odor | ||||||
13 | inspection as prescribed by the process established by the | ||||||
14 | municipality within 6 months of notification being published | ||||||
15 | and mailers being sent shall be eligible for odorous window | ||||||
16 | and odorous door replacement. Homes that have been identified | ||||||
17 | by the municipality as having odorous windows or doors are not | ||||||
18 | required to make said request to the municipality. The right | ||||||
19 | to make a claim for replacement and have it considered | ||||||
20 | pursuant to this Section shall not be affected by the fact of | ||||||
21 | odor-related claims made or odor-related products received | ||||||
22 | pursuant to the Residential Sound Insulation Program prior to | ||||||
23 | June 5, 2019 (the effective date of this Section). The | ||||||
24 | municipality shall also perform in-home air quality testing in | ||||||
25 | residences in which windows and doors are replaced under this | ||||||
26 | Section. In order to receive in-home air quality testing, a |
| |||||||
| |||||||
1 | homeowner must request such testing from the municipality, and | ||||||
2 | the total number of homes tested in any given year shall not | ||||||
3 | exceed 25% of the total number of homes in which windows and | ||||||
4 | doors were replaced under this Section in the prior calendar | ||||||
5 | year. | ||||||
6 | (b) An advisory committee shall be formed, composed of the | ||||||
7 | following: (i) 2 members of the municipality who reside in | ||||||
8 | homes that have received windows or doors pursuant to the | ||||||
9 | Residential Sound Insulation Program and have been identified | ||||||
10 | by the municipality as having odorous windows or doors, | ||||||
11 | appointed by the Secretary of Transportation; (ii) one | ||||||
12 | employee of the Aeronautics Division of the Department of | ||||||
13 | Transportation; and (iii) 2 employees of the municipality that | ||||||
14 | implemented the Residential Sound Insulation Program in | ||||||
15 | question. The advisory committee shall determine by majority | ||||||
16 | vote which homes contain windows or doors that cause offensive | ||||||
17 | odors and thus are eligible for replacement, shall promulgate | ||||||
18 | a list of such homes, and shall develop recommendations as to | ||||||
19 | the order in which homes are to receive window replacement. | ||||||
20 | The recommendations shall include reasonable and objective | ||||||
21 | criteria for determining which windows or doors are odorous, | ||||||
22 | consideration of the date of odor confirmation for | ||||||
23 | prioritization, severity of odor, geography and individual | ||||||
24 | hardship, and shall provide such recommendations to the | ||||||
25 | municipality. The advisory committee shall comply with the | ||||||
26 | requirements of the Open Meetings Act. The Chicago Department |
| |||||||
| |||||||
1 | of Aviation shall provide administrative support to the | ||||||
2 | committee commission . The municipality shall consider the | ||||||
3 | recommendations of the committee but shall retain final | ||||||
4 | decision-making authority over replacement of windows and | ||||||
5 | doors installed under the Residential Sound Insulation | ||||||
6 | Program, and shall comply with all federal, State, and local | ||||||
7 | laws involving procurement. A municipality administering | ||||||
8 | claims pursuant to this Section shall provide to every address | ||||||
9 | identified as having submitted a valid claim under this | ||||||
10 | Section a quarterly report setting forth the municipality's | ||||||
11 | activities undertaken pursuant to this Section for that | ||||||
12 | quarter. However, the municipality shall replace windows and | ||||||
13 | doors pursuant to this Section only if, and to the extent, | ||||||
14 | grants are distributed to, and received by, the municipality | ||||||
15 | from the Sound-Reducing Windows and Doors Replacement Fund for | ||||||
16 | the costs associated with the replacement of sound-reducing | ||||||
17 | windows and doors installed under the Residential Sound | ||||||
18 | Insulation Program pursuant to Section 6z-20.1 of the State | ||||||
19 | Finance Act. In addition, the municipality shall revise its | ||||||
20 | specifications for procurement of windows for the Residential | ||||||
21 | Sound Insulation Program to address potential off-gassing from | ||||||
22 | such windows in future phases of the program. A municipality | ||||||
23 | subject to the Section shall not legislate or otherwise | ||||||
24 | regulate with regard to indoor air quality monitoring, | ||||||
25 | laboratory analysis or replacement requirements, except as | ||||||
26 | provided in this Section, but the foregoing restriction shall |
| |||||||
| |||||||
1 | not limit said municipality's taxing power. | ||||||
2 | (c) A home rule unit may not regulate indoor air quality | ||||||
3 | monitoring and laboratory analysis, and related mitigation and | ||||||
4 | mitigation plans, in a manner inconsistent with this Section. | ||||||
5 | This Section is a limitation of home rule powers and functions | ||||||
6 | under subsection (i) of Section 6 of Article VII of the | ||||||
7 | Illinois Constitution on the concurrent exercise by home rule | ||||||
8 | units of powers and functions exercised by the State. | ||||||
9 | (d) This Section shall not be construed to create a | ||||||
10 | private right of action.
| ||||||
11 | (Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; | ||||||
12 | 101-636, eff. 6-10-20; revised 8-20-20.)
| ||||||
13 | Section 315. The River Edge Redevelopment Zone Act is | ||||||
14 | amended by changing Section 10-10.4 as follows:
| ||||||
15 | (65 ILCS 115/10-10.4) | ||||||
16 | Sec. 10-10.4. Certified payroll. (a) Any contractor and | ||||||
17 | each subcontractor who is engaged in and is executing a River | ||||||
18 | Edge construction jobs project for a taxpayer that is entitled | ||||||
19 | to a credit pursuant to Section 10-10.3 of this Act shall: | ||||||
20 | (1) make and keep, for a period of 5 years from the | ||||||
21 | date of the last payment made on or after June 5, 2019 ( the | ||||||
22 | effective date of Public Act 101-9) this amendatory Act of | ||||||
23 | the 101st General Assembly on a contract or subcontract | ||||||
24 | for a River Edge Construction Jobs Project in a River Edge |
| |||||||
| |||||||
1 | Redevelopment Zone records of all laborers and other | ||||||
2 | workers employed by them on the project; the records shall | ||||||
3 | include: | ||||||
4 | (A) the worker's name; | ||||||
5 | (B) the worker's address; | ||||||
6 | (C) the worker's telephone number, if available; | ||||||
7 | (D) the worker's social security number; | ||||||
8 | (E) the worker's classification or | ||||||
9 | classifications; | ||||||
10 | (F) the worker's gross and net wages paid in each | ||||||
11 | pay period; | ||||||
12 | (G) the worker's number of hours worked each day; | ||||||
13 | (H) the worker's starting and ending times of work | ||||||
14 | each day; | ||||||
15 | (I) the worker's hourly wage rate; and | ||||||
16 | (J) the worker's hourly overtime wage rate; and | ||||||
17 | (2) no later than the 15th day of each calendar month, | ||||||
18 | provide a certified payroll for the immediately preceding | ||||||
19 | month to the taxpayer in charge of the project; within 5 | ||||||
20 | business days after receiving the certified payroll, the | ||||||
21 | taxpayer shall file the certified payroll with the | ||||||
22 | Department of Labor and the Department of Commerce and | ||||||
23 | Economic Opportunity; a certified payroll must be filed | ||||||
24 | for only those calendar months during which construction | ||||||
25 | on a River Edge Construction Jobs Project has occurred; | ||||||
26 | the certified payroll shall consist of a complete copy of |
| |||||||
| |||||||
1 | the records identified in paragraph (1), but may exclude | ||||||
2 | the starting and ending times of work each day; the | ||||||
3 | certified payroll shall be accompanied by a statement | ||||||
4 | signed by the contractor or subcontractor or an officer, | ||||||
5 | employee, or agent of the contractor or subcontractor | ||||||
6 | which avers that: | ||||||
7 | (A) he or she has examined the certified payroll | ||||||
8 | records required to be submitted and such records are | ||||||
9 | true and accurate; and | ||||||
10 | (B) the contractor or subcontractor is aware that | ||||||
11 | filing a certified payroll that he or she knows to be | ||||||
12 | false is a Class A misdemeanor. | ||||||
13 | A general contractor is not prohibited from relying on a | ||||||
14 | certified payroll of a lower-tier subcontractor, provided the | ||||||
15 | general contractor does not knowingly rely upon a | ||||||
16 | subcontractor's false certification. | ||||||
17 | Any contractor or subcontractor subject to this Section, | ||||||
18 | and any officer, employee, or agent of such contractor or | ||||||
19 | subcontractor whose duty as an officer, employee, or agent it | ||||||
20 | is to file a certified payroll under this Section, who | ||||||
21 | willfully fails to file such a certified payroll on or before | ||||||
22 | the date such certified payroll is required to be filed and any | ||||||
23 | person who willfully files a false certified payroll that is | ||||||
24 | false as to any material fact is in violation of this Act and | ||||||
25 | guilty of a Class A misdemeanor. | ||||||
26 | The taxpayer in charge of the project shall keep the |
| |||||||
| |||||||
1 | records submitted in accordance with this Section on or after | ||||||
2 | June 5, 2019 ( the effective date of Public Act 101-9) this | ||||||
3 | amendatory Act of the 101st General Assembly for a period of 5 | ||||||
4 | years from the date of the last payment for work on a contract | ||||||
5 | or subcontract for the project. | ||||||
6 | The records submitted in accordance with this Section | ||||||
7 | subsection shall be considered public records, except an | ||||||
8 | employee's address, telephone number, and social security | ||||||
9 | number, and made available in accordance with the Freedom of | ||||||
10 | Information Act. The Department of Labor shall accept any | ||||||
11 | reasonable submissions by the contractor that meet the | ||||||
12 | requirements of this Section subsection and shall share the | ||||||
13 | information with the Department in order to comply with the | ||||||
14 | awarding of River Edge construction jobs credits. A | ||||||
15 | contractor, subcontractor, or public body may retain records | ||||||
16 | required under this Section in paper or electronic format. | ||||||
17 | Upon 7 business days' notice, the contractor and each | ||||||
18 | subcontractor shall make available for inspection and copying | ||||||
19 | at a location within this State during reasonable hours, the | ||||||
20 | records identified in paragraph (1) of this Section subsection | ||||||
21 | to the taxpayer in charge of the project, its officers and | ||||||
22 | agents, the Director of Labor and his or her deputies and | ||||||
23 | agents, and to federal, State, or local law enforcement | ||||||
24 | agencies and prosecutors.
| ||||||
25 | (Source: P.A. 101-9, eff. 6-5-19; revised 8-9-19.)
|
| |||||||
| |||||||
1 | Section 320. The Metropolitan Pier and Exposition | ||||||
2 | Authority Act is amended by changing Section 13.2 as follows:
| ||||||
3 | (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
| ||||||
4 | Sec. 13.2. The McCormick Place Expansion Project Fund is | ||||||
5 | created in
the State Treasury. All moneys in the McCormick | ||||||
6 | Place Expansion Project
Fund are allocated to and shall be | ||||||
7 | appropriated and used only for the
purposes authorized by and | ||||||
8 | subject to the limitations and conditions of
this Section. | ||||||
9 | Those amounts may be appropriated by law to
the Authority
for | ||||||
10 | the purposes of paying the debt service requirements on all | ||||||
11 | bonds and
notes, including bonds and notes issued to refund or | ||||||
12 | advance
refund bonds and notes issued under this Section, | ||||||
13 | Section 13.1, or issued to refund or
advance refund bonds and | ||||||
14 | notes otherwise issued under this Act, (collectively
referred | ||||||
15 | to as
"bonds") to be issued by the Authority under this Section | ||||||
16 | in an aggregate
original principal amount (excluding the | ||||||
17 | amount of any bonds and
notes issued to refund or advance | ||||||
18 | refund bonds or notes issued under this
Section and Section | ||||||
19 | 13.1) not to exceed $2,850,000,000 for the purposes
of
| ||||||
20 | carrying out and
performing its duties and exercising its | ||||||
21 | powers under this Act.
The increased debt authorization of | ||||||
22 | $450,000,000 provided by Public Act 96-898 shall be used | ||||||
23 | solely for the purpose of: (i) hotel construction and related | ||||||
24 | necessary capital improvements; (ii) other needed capital | ||||||
25 | improvements to existing facilities; and (iii) land |
| |||||||
| |||||||
1 | acquisition for and construction of one multi-use facility on | ||||||
2 | property bounded by East Cermak Road on the south, East 21st | ||||||
3 | Street on the north, South Indiana Avenue on the west, and | ||||||
4 | South Prairie Avenue on the east in the City of Chicago, Cook | ||||||
5 | County, Illinois; these limitations do not apply to the | ||||||
6 | increased debt authorization provided by Public Act 100-23. No | ||||||
7 | bonds issued to refund or advance refund bonds issued under | ||||||
8 | this Section may mature later than
40 years from the date of | ||||||
9 | issuance of the refunding or advance refunding bonds. After | ||||||
10 | the aggregate original principal
amount of
bonds authorized in | ||||||
11 | this Section has been issued, the
payment of any
principal | ||||||
12 | amount of such bonds does not authorize the issuance of
| ||||||
13 | additional bonds (except refunding bonds). Any bonds and notes | ||||||
14 | issued under this Section in any year in which there is an | ||||||
15 | outstanding "post-2010 deficiency amount" as that term is | ||||||
16 | defined in Section 13 (g)(3) of this Act shall provide for the | ||||||
17 | payment to the State Treasurer of the amount of that | ||||||
18 | deficiency. Proceeds from the sale of bonds issued pursuant to | ||||||
19 | the increased debt authorization provided by Public Act 100-23 | ||||||
20 | may be used for any corporate purpose of the Authority in | ||||||
21 | fiscal years 2021 and 2022 and for the payment to the State | ||||||
22 | Treasurer of any unpaid amounts described in paragraph (3) of | ||||||
23 | subsection (g) of Section 13 of this Act as part of the "2010 | ||||||
24 | deficiency amount" or the "Post-2010 deficiency amount".
| ||||||
25 | On the first day of each month commencing after July 1, | ||||||
26 | 1993, amounts, if
any, on deposit in the McCormick Place |
| |||||||
| |||||||
1 | Expansion Project Fund shall,
subject to appropriation, be | ||||||
2 | paid in full to the Authority or, upon its
direction, to the | ||||||
3 | trustee or trustees for bondholders of bonds that by
their | ||||||
4 | terms are payable from the moneys received from the McCormick | ||||||
5 | Place
Expansion Project Fund, until an amount equal to 100% of | ||||||
6 | the
aggregate amount of the principal and interest in the | ||||||
7 | fiscal year,
including that pursuant to sinking fund | ||||||
8 | requirements, has been so paid and
deficiencies in reserves | ||||||
9 | shall have been remedied.
| ||||||
10 | The State of Illinois pledges to and agrees with the | ||||||
11 | holders of the bonds
of the Metropolitan Pier and Exposition | ||||||
12 | Authority issued under this
Section that the State will not | ||||||
13 | limit or alter the rights and powers vested
in the Authority by | ||||||
14 | this Act so as to impair the terms of any contract made
by the | ||||||
15 | Authority with those holders or in any way impair the rights | ||||||
16 | and
remedies of those holders until the bonds, together with | ||||||
17 | interest thereon,
interest on any unpaid installments of | ||||||
18 | interest, and all costs and
expenses in connection with any | ||||||
19 | action or proceedings by or on behalf of
those holders are | ||||||
20 | fully met and discharged; provided that any increase in
the | ||||||
21 | Tax Act Amounts specified in Section 3 of the Retailers' | ||||||
22 | Occupation Tax
Act, Section 9 of the Use Tax Act, Section 9 of | ||||||
23 | the Service Use Tax Act,
and Section 9 of the Service | ||||||
24 | Occupation Tax Act required to be deposited
into the Build | ||||||
25 | Illinois Bond Account in the Build Illinois Fund pursuant to
| ||||||
26 | any law hereafter enacted shall not be deemed to impair the |
| |||||||
| |||||||
1 | rights of such
holders so long as the increase does not result | ||||||
2 | in the aggregate debt
service payable in the current or any | ||||||
3 | future fiscal year of the State on
all bonds issued pursuant to | ||||||
4 | the Build Illinois Bond Act and the
Metropolitan Pier and | ||||||
5 | Exposition Authority Act and payable from tax
revenues | ||||||
6 | specified in Section 3 of the Retailers' Occupation Tax Act,
| ||||||
7 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
8 | Act, and
Section 9 of the Service Occupation Tax Act exceeding | ||||||
9 | 33 1/3% of such tax
revenues for the most recently completed | ||||||
10 | fiscal year of the State at the
time of such increase. In | ||||||
11 | addition, the State pledges to and agrees with
the holders of | ||||||
12 | the bonds of the Authority issued under this Section that
the | ||||||
13 | State will not limit or alter the basis on which State funds | ||||||
14 | are to be
paid to the Authority as provided in this Act or the | ||||||
15 | use of those funds so
as to impair the terms of any such | ||||||
16 | contract; provided that any increase in
the Tax Act Amounts | ||||||
17 | specified in Section 3 of the Retailers' Occupation Tax
Act, | ||||||
18 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
19 | Act,
and Section 9 of the Service Occupation Tax Act required | ||||||
20 | to be deposited
into the Build Illinois Bond Account in the | ||||||
21 | Build Illinois Fund pursuant to
any law hereafter enacted | ||||||
22 | shall not be deemed to impair the terms of any
such contract so | ||||||
23 | long as the increase does not result in the aggregate debt
| ||||||
24 | service payable in the current or any future fiscal year of the | ||||||
25 | State on
all bonds issued pursuant to the Build Illinois Bond | ||||||
26 | Act and the
Metropolitan Pier and Exposition Authority Act and |
| |||||||
| |||||||
1 | payable from tax
revenues specified in Section 3 of the | ||||||
2 | Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, | ||||||
3 | Section 9 of the Service Use Tax Act, and
Section 9 of the | ||||||
4 | Service Occupation Tax Act exceeding 33 1/3% of such tax
| ||||||
5 | revenues for the most recently completed fiscal year of the | ||||||
6 | State at the
time of such increase. The Authority is | ||||||
7 | authorized to include these pledges
and agreements with the | ||||||
8 | State in any contract with the holders of bonds
issued under | ||||||
9 | this Section.
| ||||||
10 | The State shall not be liable on bonds of the Authority | ||||||
11 | issued under this
Section , those bonds shall not be a debt of | ||||||
12 | the State, and this Act shall
not be construed as a guarantee | ||||||
13 | by the State of the debts of the Authority.
The bonds shall | ||||||
14 | contain a statement to this effect on the face of the bonds.
| ||||||
15 | (Source: P.A. 100-23, eff. 7-6-17; 101-636, eff. 6-10-20; | ||||||
16 | revised 8-20-20.)
| ||||||
17 | Section 325. The Fire Protection District Act is amended | ||||||
18 | by changing Sections 11k and 16.06b as follows:
| ||||||
19 | (70 ILCS 705/11k) | ||||||
20 | Sec. 11k. Competitive bidding; notice requirements. | ||||||
21 | (a) The board of trustees shall have the power to acquire | ||||||
22 | by gift, legacy, or purchase any personal property necessary | ||||||
23 | for its corporate purposes provided that all contracts for | ||||||
24 | supplies, materials, or work involving an expenditure in |
| |||||||
| |||||||
1 | excess of $20,000 shall be let to the lowest responsible | ||||||
2 | bidder after advertising as required under subsection (b) of | ||||||
3 | this Section. The board is not required to accept a bid that | ||||||
4 | does not meet the district's established specifications, terms | ||||||
5 | of delivery, quality, and serviceability requirements. | ||||||
6 | Contracts which, by their nature, are not adapted to award by | ||||||
7 | competitive bidding, are not subject to competitive bidding, | ||||||
8 | including, but not limited to: | ||||||
9 | (1) contracts for the services of individuals | ||||||
10 | possessing a high degree of professional skill where the | ||||||
11 | ability or fitness of the individual plays an important | ||||||
12 | part; | ||||||
13 | (2) contracts for the printing of finance committee | ||||||
14 | reports and departmental reports; | ||||||
15 | (3) contracts for the printing or engraving of bonds, | ||||||
16 | tax warrants , and other evidences of indebtedness; | ||||||
17 | (4) contracts for the maintenance or servicing of, or | ||||||
18 | provision of repair parts for, equipment which are made | ||||||
19 | with the manufacturer or authorized service agent of that | ||||||
20 | equipment where the provision of parts, maintenance, or | ||||||
21 | servicing can best be performed by the manufacturer or | ||||||
22 | authorized service agent, or which involve proprietary | ||||||
23 | parts or technology not otherwise available; | ||||||
24 | (5) purchases and contracts for the use, purchase, | ||||||
25 | delivery, movement, or installation of data processing | ||||||
26 | equipment, software, or services and telecommunications |
| |||||||
| |||||||
1 | and interconnect equipment, software, and services; | ||||||
2 | (6) contracts for duplicating machines and supplies; | ||||||
3 | (7) contracts for utility services such as water, | ||||||
4 | light, heat, telephone or telegraph; | ||||||
5 | (8) contracts for goods or services procured from | ||||||
6 | another governmental agency; | ||||||
7 | (9) purchases of equipment previously owned by some | ||||||
8 | entity other than the district itself; and | ||||||
9 | (10) contracts for goods or services which are | ||||||
10 | economically procurable from only one source, such as for | ||||||
11 | the purchase of magazines, books, periodicals, pamphlets, | ||||||
12 | reports, and online subscriptions. | ||||||
13 | Contracts for emergency expenditures are also exempt from | ||||||
14 | competitive bidding when the emergency expenditure is approved | ||||||
15 | by a vote of 3/4 of the members of the board. | ||||||
16 | (b) Except as otherwise provided in subsection (a) of this | ||||||
17 | Section, all proposals to award contracts involving amounts in | ||||||
18 | excess of $20,000 shall be published at least 10 days, | ||||||
19 | excluding Sundays and legal holidays, in advance of the date | ||||||
20 | announced for the receiving of bids, in a secular English | ||||||
21 | language newspaper of general circulation throughout the | ||||||
22 | district. In addition, a fire protection district that has a | ||||||
23 | website that the full-time staff of the district maintains | ||||||
24 | shall post notice on its website of all proposals to award | ||||||
25 | contracts in excess of $20,000. Advertisements for bids shall | ||||||
26 | describe the character of the proposed contract or agreement |
| |||||||
| |||||||
1 | in sufficient detail to enable the bidders thereon to know | ||||||
2 | what their obligations will be, either in the advertisement | ||||||
3 | itself, or by reference to detailed plans and specifications | ||||||
4 | on file at the time of the publication of the first | ||||||
5 | announcement. Such advertisement shall also state the date, | ||||||
6 | time and place assigned for the opening of bids, and no bids | ||||||
7 | shall be received at any time subsequent to the time indicated | ||||||
8 | in the announcement. All competitive bids for contracts | ||||||
9 | involving an expenditure in excess of $20,000 must be sealed | ||||||
10 | by the bidder and must be opened by a member of the board or an | ||||||
11 | employee of the district at a public bid opening at which the | ||||||
12 | contents of the bids must be announced. Each bidder must | ||||||
13 | receive at least 3 days' days notice of the time and place of | ||||||
14 | the bid opening.
| ||||||
15 | (c) In addition to contracts entered into under the | ||||||
16 | Governmental Joint Purchasing Act, a board of trustees may | ||||||
17 | enter into contracts for supplies, materials, or work | ||||||
18 | involving an expenditure in excess of $20,000 through | ||||||
19 | participation in a joint governmental or nongovernmental | ||||||
20 | purchasing program that requires as part of its selection | ||||||
21 | procedure a competitive solicitation and procurement process. | ||||||
22 | (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; | ||||||
23 | revised 8-19-19.)
| ||||||
24 | (70 ILCS 705/16.06b) | ||||||
25 | Sec. 16.06b. Original appointments; full-time fire |
| |||||||
| |||||||
1 | department. | ||||||
2 | (a) Applicability. Unless a commission elects to follow | ||||||
3 | the provisions of Section 16.06c, this Section shall apply to | ||||||
4 | all original appointments to an affected full-time fire | ||||||
5 | department. Existing registers of eligibles shall continue to | ||||||
6 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
7 | years after August 4, 2011 ( the effective date of Public Act | ||||||
8 | 97-251) this amendatory Act of the 97th General Assembly . | ||||||
9 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
10 | to the contrary, all original appointments to an affected | ||||||
11 | department to which this Section applies shall be administered | ||||||
12 | in a no less stringent manner than the manner provided for in | ||||||
13 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
14 | Protection District Act, fire district ordinances, and rules | ||||||
15 | adopted pursuant to such authority and other laws relating to | ||||||
16 | initial hiring of firefighters in affected departments shall | ||||||
17 | continue to apply to the extent they are compatible with this | ||||||
18 | Section, but in the event of a conflict between this Section | ||||||
19 | and any other law, this Section shall control. | ||||||
20 | A fire protection district that is operating under a court | ||||||
21 | order or consent decree regarding original appointments to a | ||||||
22 | full-time fire department before August 4, 2011 ( the effective | ||||||
23 | date of Public Act 97-251) this amendatory Act of the 97th | ||||||
24 | General Assembly is exempt from the requirements of this | ||||||
25 | Section for the duration of the court order or consent decree. | ||||||
26 | (b) Original appointments. All original appointments made |
| |||||||
| |||||||
1 | to an affected fire department shall be made from a register of | ||||||
2 | eligibles established in accordance with the processes | ||||||
3 | required by this Section. Only persons who meet or exceed the | ||||||
4 | performance standards required by the Section shall be placed | ||||||
5 | on a register of eligibles for original appointment to an | ||||||
6 | affected fire department. | ||||||
7 | Whenever an appointing authority authorizes action to hire | ||||||
8 | a person to perform the duties of a firefighter or to hire a | ||||||
9 | firefighter-paramedic to fill a position that is a new | ||||||
10 | position or vacancy due to resignation, discharge, promotion, | ||||||
11 | death, the granting of a disability or retirement pension, or | ||||||
12 | any other cause, the appointing authority shall appoint to | ||||||
13 | that position the person with the highest ranking on the final | ||||||
14 | eligibility list. If the appointing authority has reason to | ||||||
15 | conclude that the highest ranked person fails to meet the | ||||||
16 | minimum standards for the position or if the appointing | ||||||
17 | authority believes an alternate candidate would better serve | ||||||
18 | the needs of the department, then the appointing authority has | ||||||
19 | the right to pass over the highest ranked person and appoint | ||||||
20 | either: (i) any person who has a ranking in the top 5% of the | ||||||
21 | register of eligibles or (ii) any person who is among the top 5 | ||||||
22 | highest ranked persons on the list of eligibles if the number | ||||||
23 | of people who have a ranking in the top 5% of the register of | ||||||
24 | eligibles is less than 5 people. | ||||||
25 | Any candidate may pass on an appointment once without | ||||||
26 | losing his or her position on the register of eligibles. Any |
| |||||||
| |||||||
1 | candidate who passes a second time may be removed from the list | ||||||
2 | by the appointing authority provided that such action shall | ||||||
3 | not prejudice a person's opportunities to participate in | ||||||
4 | future examinations, including an examination held during the | ||||||
5 | time a candidate is already on the fire district's register of | ||||||
6 | eligibles. | ||||||
7 | The sole authority to issue certificates of appointment | ||||||
8 | shall be vested in the board of fire commissioners, or board of | ||||||
9 | trustees serving in the capacity of a board of fire | ||||||
10 | commissioners. All certificates of appointment issued to any | ||||||
11 | officer or member of an affected department shall be signed by | ||||||
12 | the chairperson and secretary, respectively, of the commission | ||||||
13 | upon appointment of such officer or member to the affected | ||||||
14 | department by action of the commission. After being selected | ||||||
15 | from the register of eligibles to fill a vacancy in the | ||||||
16 | affected department, each appointee shall be presented with | ||||||
17 | his or her certificate of appointment on the day on which he or | ||||||
18 | she is sworn in as a classified member of the affected | ||||||
19 | department. Firefighters who were not issued a certificate of | ||||||
20 | appointment when originally appointed shall be provided with a | ||||||
21 | certificate within 10 days after making a written request to | ||||||
22 | the chairperson of the board of fire commissioners, or board | ||||||
23 | of trustees serving in the capacity of a board of fire | ||||||
24 | commissioners. Each person who accepts a certificate of | ||||||
25 | appointment and successfully completes his or her probationary | ||||||
26 | period shall be enrolled as a firefighter and as a regular |
| |||||||
| |||||||
1 | member of the fire department. | ||||||
2 | For the purposes of this Section, "firefighter" means any | ||||||
3 | person who has been prior to, on, or after August 4, 2011 ( the | ||||||
4 | effective date of Public Act 97-251) this amendatory Act of | ||||||
5 | the 97th General Assembly appointed to a fire department or | ||||||
6 | fire protection district or employed by a State university and | ||||||
7 | sworn or commissioned to perform firefighter duties or | ||||||
8 | paramedic duties, or both, except that the following persons | ||||||
9 | are not included: part-time firefighters; auxiliary, reserve, | ||||||
10 | or voluntary firefighters, including paid-on-call | ||||||
11 | firefighters; clerks and dispatchers or other civilian | ||||||
12 | employees of a fire department or fire protection district who | ||||||
13 | are not routinely expected to perform firefighter duties; and | ||||||
14 | elected officials. | ||||||
15 | (c) Qualification for placement on register of eligibles. | ||||||
16 | The purpose of establishing a register of eligibles is to | ||||||
17 | identify applicants who possess and demonstrate the mental | ||||||
18 | aptitude and physical ability to perform the duties required | ||||||
19 | of members of the fire department in order to provide the | ||||||
20 | highest quality of service to the public. To this end, all | ||||||
21 | applicants for original appointment to an affected fire | ||||||
22 | department shall be subject to examination and testing which | ||||||
23 | shall be public, competitive, and open to all applicants | ||||||
24 | unless the district shall by ordinance limit applicants to | ||||||
25 | residents of the district, county or counties in which the | ||||||
26 | district is located, State, or nation. Any examination and |
| |||||||
| |||||||
1 | testing procedure utilized under subsection (e) of this | ||||||
2 | Section shall be supported by appropriate validation evidence | ||||||
3 | and shall comply with all applicable State and federal laws. | ||||||
4 | Districts may establish educational, emergency medical service | ||||||
5 | licensure, and other prerequisites prerequites for | ||||||
6 | participation in an examination or for hire as a firefighter. | ||||||
7 | Any fire protection district may charge a fee to cover the | ||||||
8 | costs of the application process. | ||||||
9 | Residency requirements in effect at the time an individual | ||||||
10 | enters the fire service of a district cannot be made more | ||||||
11 | restrictive for that individual during his or her period of | ||||||
12 | service for that district, or be made a condition of | ||||||
13 | promotion, except for the rank or position of fire chief and | ||||||
14 | for no more than 2 positions that rank immediately below that | ||||||
15 | of the chief rank which are appointed positions pursuant to | ||||||
16 | the Fire Department Promotion Act. | ||||||
17 | No person who is 35 years of age or older shall be eligible | ||||||
18 | to take an examination for a position as a firefighter unless | ||||||
19 | the person has had previous employment status as a firefighter | ||||||
20 | in the regularly constituted fire department of the district, | ||||||
21 | except as provided in this Section. The age limitation does | ||||||
22 | not apply to: | ||||||
23 | (1) any person previously employed as a full-time | ||||||
24 | firefighter in a regularly constituted fire department of | ||||||
25 | (i) any municipality or fire protection district located | ||||||
26 | in Illinois, (ii) a fire protection district whose |
| |||||||
| |||||||
1 | obligations were assumed by a municipality under Section | ||||||
2 | 21 of the Fire Protection District Act, or (iii) a | ||||||
3 | municipality whose obligations were taken over by a fire | ||||||
4 | protection district; | ||||||
5 | (2) any person who has served a fire district as a | ||||||
6 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
7 | firefighter for the 5 years immediately preceding the time | ||||||
8 | that the district begins to use full-time firefighters to | ||||||
9 | provide all or part of its fire protection service; or | ||||||
10 | (3) any person who turned 35 while serving as a member | ||||||
11 | of the active or reserve components of any of the branches | ||||||
12 | of the Armed Forces of the United States or the National | ||||||
13 | Guard of any state, whose service was characterized as | ||||||
14 | honorable or under honorable, if separated from the | ||||||
15 | military, and is currently under the age of 40. | ||||||
16 | No person who is under 21 years of age shall be eligible | ||||||
17 | for employment as a firefighter. | ||||||
18 | No applicant shall be examined concerning his or her | ||||||
19 | political or religious opinions or affiliations. The | ||||||
20 | examinations shall be conducted by the commissioners of the | ||||||
21 | district or their designees and agents. | ||||||
22 | No district shall require that any firefighter appointed | ||||||
23 | to the lowest rank serve a probationary employment period of | ||||||
24 | longer than one year of actual active employment, which may | ||||||
25 | exclude periods of training, or injury or illness leaves, | ||||||
26 | including duty related leave, in excess of 30 calendar days. |
| |||||||
| |||||||
1 | Notwithstanding anything to the contrary in this Section, the | ||||||
2 | probationary employment period limitation may be extended for | ||||||
3 | a firefighter who is required, as a condition of employment, | ||||||
4 | to be a licensed paramedic, during which time the sole reason | ||||||
5 | that a firefighter may be discharged without a hearing is for | ||||||
6 | failing to meet the requirements for paramedic licensure. | ||||||
7 | In the event that any applicant who has been found | ||||||
8 | eligible for appointment and whose name has been placed upon | ||||||
9 | the final eligibility register provided for in this Section | ||||||
10 | has not been appointed to a firefighter position within one | ||||||
11 | year after the date of his or her physical ability | ||||||
12 | examination, the commission may cause a second examination to | ||||||
13 | be made of that applicant's physical ability prior to his or | ||||||
14 | her appointment. If, after the second examination, the | ||||||
15 | physical ability of the applicant shall be found to be less | ||||||
16 | than the minimum standard fixed by the rules of the | ||||||
17 | commission, the applicant shall not be appointed. The | ||||||
18 | applicant's name may be retained upon the register of | ||||||
19 | candidates eligible for appointment and when next reached for | ||||||
20 | certification and appointment that applicant may be again | ||||||
21 | examined as provided in this Section, and if the physical | ||||||
22 | ability of that applicant is found to be less than the minimum | ||||||
23 | standard fixed by the rules of the commission, the applicant | ||||||
24 | shall not be appointed, and the name of the applicant shall be | ||||||
25 | removed from the register. | ||||||
26 | (d) Notice, examination, and testing components. Notice of |
| |||||||
| |||||||
1 | the time, place, general scope, merit criteria for any | ||||||
2 | subjective component, and fee of every examination shall be | ||||||
3 | given by the commission, by a publication at least 2 weeks | ||||||
4 | preceding the examination: (i) in one or more newspapers | ||||||
5 | published in the district, or if no newspaper is published | ||||||
6 | therein, then in one or more newspapers with a general | ||||||
7 | circulation within the district, or (ii) on the fire | ||||||
8 | protection district's Internet website. Additional notice of | ||||||
9 | the examination may be given as the commission shall | ||||||
10 | prescribe. | ||||||
11 | The examination and qualifying standards for employment of | ||||||
12 | firefighters shall be based on: mental aptitude, physical | ||||||
13 | ability, preferences, moral character, and health. The mental | ||||||
14 | aptitude, physical ability, and preference components shall | ||||||
15 | determine an applicant's qualification for and placement on | ||||||
16 | the final register of eligibles. The examination may also | ||||||
17 | include a subjective component based on merit criteria as | ||||||
18 | determined by the commission. Scores from the examination must | ||||||
19 | be made available to the public. | ||||||
20 | (e) Mental aptitude. No person who does not possess at | ||||||
21 | least a high school diploma or an equivalent high school | ||||||
22 | education shall be placed on a register of eligibles. | ||||||
23 | Examination of an applicant's mental aptitude shall be based | ||||||
24 | upon a written examination. The examination shall be practical | ||||||
25 | in character and relate to those matters that fairly test the | ||||||
26 | capacity of the persons examined to discharge the duties |
| |||||||
| |||||||
1 | performed by members of a fire department. Written | ||||||
2 | examinations shall be administered in a manner that ensures | ||||||
3 | the security and accuracy of the scores achieved. | ||||||
4 | (f) Physical ability. All candidates shall be required to | ||||||
5 | undergo an examination of their physical ability to perform | ||||||
6 | the essential functions included in the duties they may be | ||||||
7 | called upon to perform as a member of a fire department. For | ||||||
8 | the purposes of this Section, essential functions of the job | ||||||
9 | are functions associated with duties that a firefighter may be | ||||||
10 | called upon to perform in response to emergency calls. The | ||||||
11 | frequency of the occurrence of those duties as part of the fire | ||||||
12 | department's regular routine shall not be a controlling factor | ||||||
13 | in the design of examination criteria or evolutions selected | ||||||
14 | for testing. These physical examinations shall be open, | ||||||
15 | competitive, and based on industry standards designed to test | ||||||
16 | each applicant's physical abilities in the following | ||||||
17 | dimensions: | ||||||
18 | (1) Muscular strength to perform tasks and evolutions | ||||||
19 | that may be required in the performance of duties | ||||||
20 | including grip strength, leg strength, and arm strength. | ||||||
21 | Tests shall be conducted under anaerobic as well as | ||||||
22 | aerobic conditions to test both the candidate's speed and | ||||||
23 | endurance in performing tasks and evolutions. Tasks tested | ||||||
24 | may be based on standards developed, or approved, by the | ||||||
25 | local appointing authority. | ||||||
26 | (2) The ability to climb ladders, operate from |
| |||||||
| |||||||
1 | heights, walk or crawl in the dark along narrow and uneven | ||||||
2 | surfaces, and operate in proximity to hazardous | ||||||
3 | environments. | ||||||
4 | (3) The ability to carry out critical, time-sensitive, | ||||||
5 | and complex problem solving during physical exertion in | ||||||
6 | stressful and hazardous environments. The testing | ||||||
7 | environment may be hot and dark with tightly enclosed | ||||||
8 | spaces, flashing lights, sirens, and other distractions. | ||||||
9 | The tests utilized to measure each applicant's
| ||||||
10 | capabilities in each of these dimensions may be tests based on
| ||||||
11 | industry standards currently in use or equivalent tests | ||||||
12 | approved by the Joint Labor-Management Committee of the Office | ||||||
13 | of the State Fire Marshal. | ||||||
14 | Physical ability examinations administered under this | ||||||
15 | Section shall be conducted with a reasonable number of | ||||||
16 | proctors and monitors, open to the public, and subject to | ||||||
17 | reasonable regulations of the commission. | ||||||
18 | (g) Scoring of examination components. Appointing | ||||||
19 | authorities may create a preliminary eligibility register. A | ||||||
20 | person shall be placed on the list based upon his or her | ||||||
21 | passage of the written examination or the passage of the | ||||||
22 | written examination and the physical ability component. | ||||||
23 | Passage of the written examination means attaining the minimum | ||||||
24 | score set by the commission. Minimum scores should be set by | ||||||
25 | the appointing authorities so as to demonstrate a candidate's | ||||||
26 | ability to perform the essential functions of the job. The |
| |||||||
| |||||||
1 | minimum score set by the commission shall be supported by | ||||||
2 | appropriate validation evidence and shall comply with all | ||||||
3 | applicable State and federal laws. The appointing authority | ||||||
4 | may conduct the physical ability component and any subjective | ||||||
5 | components subsequent to the posting of the preliminary | ||||||
6 | eligibility register. | ||||||
7 | The examination components for an initial eligibility | ||||||
8 | register shall be graded on a 100-point scale. A person's | ||||||
9 | position on the list shall be determined by the following: (i)
| ||||||
10 | the person's score on the written examination, (ii) the person
| ||||||
11 | successfully passing the physical ability component, and (iii) | ||||||
12 | the
person's results on any subjective component as described | ||||||
13 | in
subsection (d). | ||||||
14 | In order to qualify for placement on the final eligibility | ||||||
15 | register, an applicant's score on the written examination, | ||||||
16 | before any applicable preference points or subjective points | ||||||
17 | are applied, shall be at or above the minimum score set by the | ||||||
18 | commission. The local appointing authority may prescribe the | ||||||
19 | score to qualify for placement on the final eligibility | ||||||
20 | register, but the score shall not be less than the minimum | ||||||
21 | score set by the commission. | ||||||
22 | The commission shall prepare and keep a register of | ||||||
23 | persons whose total score is not less than the minimum score | ||||||
24 | for passage and who have passed the physical ability | ||||||
25 | examination. These persons shall take rank upon the register | ||||||
26 | as candidates in the order of their relative excellence based |
| |||||||
| |||||||
1 | on the highest to the lowest total points scored on the mental | ||||||
2 | aptitude, subjective component, and preference components of | ||||||
3 | the test administered in accordance with this Section. No more | ||||||
4 | than 60 days after each examination, an initial eligibility | ||||||
5 | list shall be posted by the commission. The list shall include | ||||||
6 | the final grades of the candidates without reference to | ||||||
7 | priority of the time of examination and subject to claim for | ||||||
8 | preference credit. | ||||||
9 | Commissions may conduct additional examinations, including | ||||||
10 | without limitation a polygraph test, after a final eligibility | ||||||
11 | register is established and before it expires with the | ||||||
12 | candidates ranked by total score without regard to date of | ||||||
13 | examination. No more than 60 days after each examination, an | ||||||
14 | initial eligibility list shall be posted by the commission | ||||||
15 | showing the final grades of the candidates without reference | ||||||
16 | to priority of time of examination and subject to claim for | ||||||
17 | preference credit. | ||||||
18 | (h) Preferences. The following are preferences: | ||||||
19 | (1) Veteran preference. Persons who were engaged in | ||||||
20 | the military service of the United States for a period of | ||||||
21 | at least one year of active duty and who were honorably | ||||||
22 | discharged therefrom, or who are now or have been members | ||||||
23 | on inactive or reserve duty in such military or naval | ||||||
24 | service, shall be preferred for appointment to and | ||||||
25 | employment with the fire department of an affected | ||||||
26 | department. |
| |||||||
| |||||||
1 | (2) Fire cadet preference. Persons who have | ||||||
2 | successfully completed 2 years of study in fire techniques | ||||||
3 | or cadet training within a cadet program established under | ||||||
4 | the rules of the Joint Labor and Management Committee | ||||||
5 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
6 | Promotion Act, may be preferred for appointment to and | ||||||
7 | employment with the fire department. | ||||||
8 | (3) Educational preference. Persons who have | ||||||
9 | successfully obtained an associate's degree in the field | ||||||
10 | of fire service or emergency medical services, or a | ||||||
11 | bachelor's degree from an accredited college or university | ||||||
12 | may be preferred for appointment to and employment with | ||||||
13 | the fire department. | ||||||
14 | (4) Paramedic preference. Persons who have obtained a | ||||||
15 | license as a paramedic may be preferred for appointment to | ||||||
16 | and employment with the fire department of an affected | ||||||
17 | department providing emergency medical services. | ||||||
18 | (5) Experience preference. All persons employed by a | ||||||
19 | district who have been paid-on-call or part-time certified | ||||||
20 | Firefighter II, certified Firefighter III, State of | ||||||
21 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
22 | paramedic, or any combination of those capacities may be | ||||||
23 | awarded up to a maximum of 5 points. However, the | ||||||
24 | applicant may not be awarded more than 0.5 points for each | ||||||
25 | complete year of paid-on-call or part-time service. | ||||||
26 | Applicants from outside the district who were employed as |
| |||||||
| |||||||
1 | full-time firefighters or firefighter-paramedics by a fire | ||||||
2 | protection district or municipality for at least 2 years | ||||||
3 | may be awarded up to 5 experience preference points. | ||||||
4 | However, the applicant may not be awarded more than one | ||||||
5 | point for each complete year of full-time service. | ||||||
6 | Upon request by the commission, the governing body of | ||||||
7 | the district or in the case of applicants from outside the | ||||||
8 | district the governing body of any other fire protection | ||||||
9 | district or any municipality shall certify to the | ||||||
10 | commission, within 10 days after the request, the number | ||||||
11 | of years of successful paid-on-call, part-time, or | ||||||
12 | full-time service of any person. A candidate may not | ||||||
13 | receive the full amount of preference points under this | ||||||
14 | subsection if the amount of points awarded would place the | ||||||
15 | candidate before a veteran on the eligibility list. If | ||||||
16 | more than one candidate receiving experience preference | ||||||
17 | points is prevented from receiving all of their points due | ||||||
18 | to not being allowed to pass a veteran, the candidates | ||||||
19 | shall be placed on the list below the veteran in rank order | ||||||
20 | based on the totals received if all points under this | ||||||
21 | subsection were to be awarded. Any remaining ties on the | ||||||
22 | list shall be determined by lot. | ||||||
23 | (6) Residency preference. Applicants whose principal | ||||||
24 | residence is located within the fire department's | ||||||
25 | jurisdiction may be preferred for appointment to and | ||||||
26 | employment with the fire department. |
| |||||||
| |||||||
1 | (7) Additional preferences. Up to 5 additional | ||||||
2 | preference points may be awarded for unique categories | ||||||
3 | based on an applicant's experience or background as | ||||||
4 | identified by the commission. | ||||||
5 | (7.5) Apprentice preferences. A person who has | ||||||
6 | performed fire suppression service for a department as a | ||||||
7 | firefighter apprentice and otherwise meet the | ||||||
8 | qualifications for original appointment as a firefighter | ||||||
9 | specified in this Section are eligible to be awarded up to | ||||||
10 | 20 preference points. To qualify for preference points, an | ||||||
11 | applicant shall have completed a minimum of 600 hours of | ||||||
12 | fire suppression work on a regular shift for the affected | ||||||
13 | fire department over a 12-month period. The fire | ||||||
14 | suppression work must be in accordance with Section 16.06 | ||||||
15 | of this Act and the terms established by a Joint | ||||||
16 | Apprenticeship Committee included in a collective | ||||||
17 | bargaining agreement agreed between the employer and its | ||||||
18 | certified bargaining agent. An eligible applicant must | ||||||
19 | apply to the Joint Apprenticeship Committee for preference | ||||||
20 | points under this item. The Joint Apprenticeship Committee | ||||||
21 | shall evaluate the merit of the applicant's performance, | ||||||
22 | determine the preference points to be awarded, and certify | ||||||
23 | the amount of points awarded to the commissioners. The | ||||||
24 | commissioners may add the certified preference points to | ||||||
25 | the final grades achieved by the applicant on the other | ||||||
26 | components of the examination. |
| |||||||
| |||||||
1 | (8) Scoring of preferences. The
commission shall give | ||||||
2 | preference for original appointment
to persons designated | ||||||
3 | in item (1)
by adding to the final grade that they receive | ||||||
4 | 5 points
for the recognized preference achieved. The | ||||||
5 | commission may give preference for original appointment to | ||||||
6 | persons designated in item (7.5) by adding to the final | ||||||
7 | grade the amount of points designated by the Joint | ||||||
8 | Apprenticeship Committee as defined in item (7.5). The | ||||||
9 | commission shall determine the number of preference points | ||||||
10 | for each category, except (1) and (7.5). The number of | ||||||
11 | preference points for each category shall range from 0 to | ||||||
12 | 5, except item (7.5). In determining the number of | ||||||
13 | preference points, the commission shall prescribe that if | ||||||
14 | a candidate earns the maximum number of preference points | ||||||
15 | in all categories except item (7.5), that number may not | ||||||
16 | be less than 10 nor more than 30. The commission shall give | ||||||
17 | preference for original appointment to persons designated | ||||||
18 | in items (2) through (7) by adding the requisite number of | ||||||
19 | points to the final grade for each recognized preference | ||||||
20 | achieved. The numerical result thus attained shall be | ||||||
21 | applied by the commission in determining the final | ||||||
22 | eligibility list and appointment from the eligibility | ||||||
23 | list. The local appointing authority may prescribe the | ||||||
24 | total number of preference points awarded under this | ||||||
25 | Section, but the total number of preference points, except | ||||||
26 | item (7.5), shall not be less than 10 points or more than |
| |||||||
| |||||||
1 | 30 points. Apprentice preference points may be added in | ||||||
2 | addition to other preference points awarded by the | ||||||
3 | commission. | ||||||
4 | No person entitled to any preference shall be required to | ||||||
5 | claim the credit before any examination held under the | ||||||
6 | provisions of this Section, but the preference shall be given | ||||||
7 | after the posting or publication of the initial eligibility | ||||||
8 | list or register at the request of a person entitled to a | ||||||
9 | credit before any certification or appointments are made from | ||||||
10 | the eligibility register, upon the furnishing of verifiable | ||||||
11 | evidence and proof of qualifying preference credit. Candidates | ||||||
12 | who are eligible for preference credit shall make a claim in | ||||||
13 | writing within 10 days after the posting of the initial | ||||||
14 | eligibility list, or the claim shall be deemed waived. Final | ||||||
15 | eligibility registers shall be established after the awarding | ||||||
16 | of verified preference points. However, apprentice preference | ||||||
17 | credit earned subsequent to the establishment of the final | ||||||
18 | eligibility register may be applied to the applicant's score | ||||||
19 | upon certification by the Joint Apprenticeship Committee to | ||||||
20 | the commission and the rank order of candidates on the final | ||||||
21 | eligibility register shall be adjusted accordingly. All | ||||||
22 | employment shall be subject to the commission's initial hire | ||||||
23 | background review including, but not limited to, criminal | ||||||
24 | history, employment history, moral character, oral | ||||||
25 | examination, and medical and psychological examinations, all | ||||||
26 | on a pass-fail basis. The medical and psychological |
| |||||||
| |||||||
1 | examinations must be conducted last, and may only be performed | ||||||
2 | after a conditional offer of employment has been extended. | ||||||
3 | Any person placed on an eligibility list who exceeds the | ||||||
4 | age requirement before being appointed to a fire department | ||||||
5 | shall remain eligible for appointment until the list is | ||||||
6 | abolished, or his or her name has been on the list for a period | ||||||
7 | of 2 years. No person who has attained the age of 35 years | ||||||
8 | shall be inducted into a fire department, except as otherwise | ||||||
9 | provided in this Section. | ||||||
10 | The commission shall strike off the names of candidates | ||||||
11 | for original appointment after the names have been on the list | ||||||
12 | for more than 2 years. | ||||||
13 | (i) Moral character. No person shall be appointed to a | ||||||
14 | fire department unless he or she is a person of good character; | ||||||
15 | not a habitual drunkard, a gambler, or a person who has been | ||||||
16 | convicted of a felony or a crime involving moral turpitude. | ||||||
17 | However, no person shall be disqualified from appointment to | ||||||
18 | the fire department because of the person's record of | ||||||
19 | misdemeanor convictions except those under Sections 11-6, | ||||||
20 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
21 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
22 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and | ||||||
23 | subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012, or arrest for any cause | ||||||
25 | without conviction thereon. Any such person who is in the | ||||||
26 | department may be removed on charges brought for violating |
| |||||||
| |||||||
1 | this subsection and after a trial as hereinafter provided. | ||||||
2 | A classifiable set of the fingerprints of every person who | ||||||
3 | is offered employment as a certificated member of an affected | ||||||
4 | fire department whether with or without compensation, shall be | ||||||
5 | furnished to the Illinois Department of State Police and to | ||||||
6 | the Federal Bureau of Investigation by the commission. | ||||||
7 | Whenever a commission is authorized or required by law to | ||||||
8 | consider some aspect of criminal history record information | ||||||
9 | for the purpose of carrying out its statutory powers and | ||||||
10 | responsibilities, then, upon request and payment of fees in | ||||||
11 | conformance with the requirements of Section 2605-400 of the | ||||||
12 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
13 | the Department of State Police is authorized to furnish, | ||||||
14 | pursuant to positive identification, the information contained | ||||||
15 | in State files as is necessary to fulfill the request. | ||||||
16 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
17 | of public business, to meet extraordinary exigencies, or to | ||||||
18 | prevent material impairment of the fire department, the | ||||||
19 | commission may make temporary appointments, to remain in force | ||||||
20 | only until regular appointments are made under the provisions | ||||||
21 | of this Section, but never to exceed 60 days. No temporary | ||||||
22 | appointment of any one person shall be made more than twice in | ||||||
23 | any calendar year. | ||||||
24 | (k) A person who knowingly divulges or receives test | ||||||
25 | questions or answers before a written examination, or | ||||||
26 | otherwise knowingly violates or subverts any requirement of |
| |||||||
| |||||||
1 | this Section, commits a violation of this Section and may be | ||||||
2 | subject to charges for official misconduct. | ||||||
3 | A person who is the knowing recipient of test information | ||||||
4 | in advance of the examination shall be disqualified from the | ||||||
5 | examination or discharged from the position to which he or she | ||||||
6 | was appointed, as applicable, and otherwise subjected to | ||||||
7 | disciplinary actions.
| ||||||
8 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
9 | revised 11-26-19.)
| ||||||
10 | Section 330. The Park District Code is amended by changing | ||||||
11 | Sections 2-25 and 10-7 as follows:
| ||||||
12 | (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)
| ||||||
13 | Sec. 2-25. Vacancies. Whenever any member of the governing | ||||||
14 | board of any park
district (i) dies, (ii) resigns, (iii) | ||||||
15 | becomes under legal disability, (iv)
ceases to be a legal | ||||||
16 | voter in the district, (v) is convicted in any court located in | ||||||
17 | the United States of any
infamous crime, bribery, perjury, or | ||||||
18 | other felony , (vi) refuses or neglects to take his or her oath | ||||||
19 | of office,
(vii) neglects to perform the duties of his or her | ||||||
20 | office or attend
meetings of the board for the length of time | ||||||
21 | as the board fixes by
ordinance, or (viii) for any other reason | ||||||
22 | specified by law, that office may
be declared vacant. | ||||||
23 | Vacancies shall be filled by appointment by a majority
of the | ||||||
24 | remaining members of the board. Any person so appointed shall |
| |||||||
| |||||||
1 | hold
his or her office until the next regular election for this | ||||||
2 | office, at which
a member shall be elected to fill the vacancy | ||||||
3 | for the unexpired term,
subject to the following conditions:
| ||||||
4 | (1) If the vacancy occurs with less than 28 months | ||||||
5 | remaining in the
term, the person appointed to fill the | ||||||
6 | vacancy shall hold his or her office
until the expiration | ||||||
7 | of the term for which he or she has been appointed,
and no | ||||||
8 | election to fill the vacancy shall be held.
| ||||||
9 | (2) If the vacancy occurs with more than 28 months | ||||||
10 | left in the term,
but less than 123 days before the next | ||||||
11 | regularly scheduled election for this
office, the person | ||||||
12 | appointed to fill the vacancy shall hold his or her
office | ||||||
13 | until the second regularly scheduled election for the | ||||||
14 | office
following the appointment, at which a member shall | ||||||
15 | be elected to fill the
vacancy for the unexpired term.
| ||||||
16 | (Source: P.A. 101-257, eff. 8-9-19; revised 9-24-19.)
| ||||||
17 | (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
| ||||||
18 | Sec. 10-7. Sale, lease, or exchange of realty.
| ||||||
19 | (a) Any park district owning and holding any real estate | ||||||
20 | is authorized
(1) to
sell or lease that property to the State | ||||||
21 | of
Illinois, with the State's consent, or
another unit of | ||||||
22 | Illinois State or local
government for public use, (2) to
give | ||||||
23 | the property to the State of Illinois if the property is | ||||||
24 | contiguous to a
State park, or (3)
to lease that property upon | ||||||
25 | the
terms and at the
price that the board
determines for a |
| |||||||
| |||||||
1 | period not to exceed 99 years to any
corporation organized | ||||||
2 | under the laws of this State, for
public
use. The grantee or | ||||||
3 | lessee must covenant to hold and maintain
the property for | ||||||
4 | public park or recreational purposes unless
the park district
| ||||||
5 | obtains other real property of substantially the same size or | ||||||
6 | larger and of
substantially the same or greater suitability | ||||||
7 | for park purposes without
additional cost to the district.
In | ||||||
8 | the case of property given
or sold under this subsection after | ||||||
9 | January 1, 2002 ( the effective date of Public Act 92-401) this | ||||||
10 | amendatory Act
of the 92nd General Assembly for which this | ||||||
11 | covenant is required, the
conveyance must provide that
| ||||||
12 | ownership of the property automatically reverts to the grantor | ||||||
13 | if the grantee
knowingly violates the required covenant by | ||||||
14 | allowing all or any part of the
property to be used for | ||||||
15 | purposes other than park or recreational purposes.
Real estate | ||||||
16 | given, sold, or leased to the State of Illinois under this
| ||||||
17 | subsection (1) must be 50 acres
or more in size, (2) may not be | ||||||
18 | located within the territorial limits of a
municipality, and | ||||||
19 | (3) may
not be the site of a known environmental liability or | ||||||
20 | hazard.
| ||||||
21 | (b) Any park district owning or holding any real estate
is | ||||||
22 | authorized to convey such property to a nongovernmental entity | ||||||
23 | in exchange
for other real property of substantially equal or | ||||||
24 | greater value as determined
by 2 appraisals of the property | ||||||
25 | and of substantially the same or greater
suitability for park | ||||||
26 | purposes without additional cost to such district.
|
| |||||||
| |||||||
1 | Prior to such exchange with a nongovernmental entity , the | ||||||
2 | park board shall
hold a public meeting in order to consider the | ||||||
3 | proposed conveyance. Notice
of such meeting shall be published | ||||||
4 | not less than 3 three times (the first
and last publication | ||||||
5 | being not less than 10 days apart) in a newspaper
of general | ||||||
6 | circulation within the park district. If there is no such
| ||||||
7 | newspaper, then such notice shall be posted in not less than 3 | ||||||
8 | public places
in said park district and such notice shall not | ||||||
9 | become effective until 10 days
after said publication or | ||||||
10 | posting.
| ||||||
11 | (c) Notwithstanding any other provision of this Act, this | ||||||
12 | subsection (c)
shall apply only to park districts that serve
| ||||||
13 | territory within a municipality having more than 40,000 | ||||||
14 | inhabitants and
within a county having more than 260,000 | ||||||
15 | inhabitants and bordering the Mississippi River. Any park | ||||||
16 | district owning or holding
real estate is
authorized to sell | ||||||
17 | that property to any not-for-profit corporation organized
| ||||||
18 | under the laws of this State upon the condition that the | ||||||
19 | corporation uses the
property for public park or recreational | ||||||
20 | programs for youth. The park district
shall have the right of | ||||||
21 | re-entry for breach of condition subsequent. If the
| ||||||
22 | corporation stops using the property for these purposes, the | ||||||
23 | property shall
revert back to ownership of the park district. | ||||||
24 | Any temporary suspension of use
caused by the construction of | ||||||
25 | improvements on the property for public park or
recreational | ||||||
26 | programs for youth is not a breach of condition subsequent.
|
| |||||||
| |||||||
1 | Prior to the sale of the property to a not-for-profit | ||||||
2 | corporation, the park
board shall hold a public meeting to | ||||||
3 | consider the proposed sale. Notice of the
meeting shall be | ||||||
4 | published not less than 3 times (the first and last
| ||||||
5 | publication being not less than 10 days apart) in a newspaper | ||||||
6 | of general
circulation within the park district. If there is | ||||||
7 | no such newspaper, then the
notice shall be posted in not less | ||||||
8 | than 3 public places in the park district.
The notice shall be | ||||||
9 | published or posted at least 10 days before the meeting. A
| ||||||
10 | resolution to approve the sale of the property to a | ||||||
11 | not-for-profit corporation
requires adoption by a majority of | ||||||
12 | the park board.
| ||||||
13 | (d) Real estate, not subject to such covenant or which has | ||||||
14 | not been conveyed
and replaced as provided in this Section, | ||||||
15 | may be conveyed in the manner
provided by Sections 10-7a to | ||||||
16 | 10-7d hereof, inclusive.
| ||||||
17 | (d-5) Notwithstanding any provision of law to the contrary | ||||||
18 | and in addition to the means provided by Sections 10-7a, | ||||||
19 | 10-7b, 10-7c, and 10-7d, real estate, not subject to a | ||||||
20 | covenant required under subsection (a) or not conveyed and | ||||||
21 | replaced as provided under subsection (a), may be conveyed to | ||||||
22 | another unit of local government or school district if the | ||||||
23 | park district board approves the sale to the unit of local | ||||||
24 | government or school district by a four-fifths vote and: (i) | ||||||
25 | the park district is situated wholly within the corporate | ||||||
26 | limits of that unit of local government or school district; or |
| |||||||
| |||||||
1 | (ii) the real estate is conveyed for a price not less than the | ||||||
2 | appraised value of the real estate as determined by the | ||||||
3 | average of 3 written MAI certified appraisals or by the | ||||||
4 | average of 3 written certified appraisals of State certified | ||||||
5 | or licensed real estate appraisers. | ||||||
6 | (e) In addition to any other power provided in this | ||||||
7 | Section, any park
district owning or holding real estate that | ||||||
8 | the board deems is not required for
park or recreational | ||||||
9 | purposes may lease such real estate to any individual or
| ||||||
10 | entity and may collect rents therefrom. Such lease shall not | ||||||
11 | exceed 4 and
one-half times the term of years provided for in | ||||||
12 | Section 8-15 governing
installment purchase contracts.
| ||||||
13 | (f) Notwithstanding any other provision of law, if (i) the | ||||||
14 | real estate
that a park district with a population of 3,000 or | ||||||
15 | less transfers by lease,
license, development agreement, or | ||||||
16 | other means to any private entity is greater
than 70%
of the | ||||||
17 | district's total property and (ii) the current use of the real | ||||||
18 | estate
will
be substantially altered by that private entity, | ||||||
19 | the real estate may be
conveyed only in the manner provided for | ||||||
20 | in Sections 10-7a, 10-7b, and 10-7c.
| ||||||
21 | (Source: P.A. 101-243, eff. 8-9-19; 101-322, eff. 8-9-19; | ||||||
22 | revised 9-10-19.)
| ||||||
23 | Section 335. The North Shore Water Reclamation District | ||||||
24 | Act is amended by changing Section 28 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 2305/28) (from Ch. 42, par. 296.8)
| ||||||
2 | Sec. 28. Annexation of territory. The board of trustees of | ||||||
3 | any sanitary district may annex any
territory which is not | ||||||
4 | within the corporate limits of the sanitary
district, | ||||||
5 | provided:
| ||||||
6 | (a) The territory is contiguous to the annexing | ||||||
7 | sanitary district or the territory is non-contiguous and | ||||||
8 | the owner or owners of record have entered into an | ||||||
9 | agreement requesting the annexation of the non-contiguous | ||||||
10 | territory; and
| ||||||
11 | (b) The territory is served by the sanitary district | ||||||
12 | or by a
municipality with sanitary sewers that are | ||||||
13 | connected and served by the
sanitary district.
| ||||||
14 | The annexation shall be accomplished only by ordinance and | ||||||
15 | the ordinance
shall include a description of the annexed | ||||||
16 | territory. The ordinance annexing non-contiguous territory | ||||||
17 | shall designate the ward to which the land shall be assigned. A | ||||||
18 | copy of the
ordinance and a map of the annexed territory | ||||||
19 | certified as true and accurate
by the clerk of the annexing | ||||||
20 | sanitary district shall be filed with the
county clerk of the | ||||||
21 | county in which the annexed territory is located.
The new | ||||||
22 | boundary shall extend to the far side of any adjacent highway | ||||||
23 | and
shall include all of every highway within the area | ||||||
24 | annexed. These highways
shall be considered to be annexed even | ||||||
25 | though not included in the legal
description set forth in the | ||||||
26 | annexation ordinance. |
| |||||||
| |||||||
1 | The territory to be annexed to the sanitary district shall | ||||||
2 | be considered to be contiguous to the sanitary district | ||||||
3 | notwithstanding that the territory to be annexed is divided | ||||||
4 | by, or that the territory to be annexed is separated from the | ||||||
5 | sanitary district by, one or more railroad rights-of-way | ||||||
6 | rights-of-ways , public easements, or properties owned by a | ||||||
7 | public utility, a forest preserve district, a public agency, | ||||||
8 | or a not-for-profit corporation.
| ||||||
9 | (Source: P.A. 100-31, eff. 8-4-17; revised 8-9-19.)
| ||||||
10 | Section 340. The Street Light District Act is amended by | ||||||
11 | changing Section 0.01 as follows:
| ||||||
12 | (70 ILCS 3305/0.01) (from Ch. 121, par. 354.9)
| ||||||
13 | Sec. 0.01. Short title. This Act may be cited as the
Street | ||||||
14 | Lighting Light District Act.
| ||||||
15 | (Source: P.A. 86-1324; revised 8-9-19.)
| ||||||
16 | Section 345. The Regional Transportation Authority Act is | ||||||
17 | amended by changing Section 4.04 as follows:
| ||||||
18 | (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) | ||||||
19 | Sec. 4.04. Issuance and Pledge of Bonds and Notes. | ||||||
20 | (a) The Authority shall have the continuing power to | ||||||
21 | borrow money and to
issue its negotiable bonds or notes as | ||||||
22 | provided in this Section. Unless
otherwise indicated in this |
| |||||||
| |||||||
1 | Section, the term "notes" also includes bond
anticipation | ||||||
2 | notes, which are notes which by their terms provide for
their | ||||||
3 | payment from the proceeds of bonds thereafter to be issued. | ||||||
4 | Bonds
or notes of the Authority may be issued for any or all of | ||||||
5 | the following
purposes: to pay costs to the Authority or a | ||||||
6 | Service Board of constructing
or acquiring any public | ||||||
7 | transportation facilities (including funds and
rights relating | ||||||
8 | thereto, as provided in Section 2.05 of this Act); to repay
| ||||||
9 | advances to the Authority or a Service Board made for such | ||||||
10 | purposes; to pay
other expenses of the Authority or a Service | ||||||
11 | Board incident to or incurred
in connection with such | ||||||
12 | construction or acquisition; to provide funds for
any | ||||||
13 | transportation agency to pay principal
of or interest or | ||||||
14 | redemption premium on any bonds or notes, whether
as such | ||||||
15 | amounts become due or by earlier redemption, issued prior to | ||||||
16 | the
date of this amendatory Act by such transportation agency | ||||||
17 | to construct or
acquire public transportation facilities or to | ||||||
18 | provide funds to purchase
such bonds or notes; and to provide | ||||||
19 | funds for any transportation agency to
construct or acquire | ||||||
20 | any public transportation facilities, to repay
advances made | ||||||
21 | for such purposes, and to pay other expenses incident to
or | ||||||
22 | incurred in connection with such construction or acquisition; | ||||||
23 | and to
provide funds for payment of obligations, including the | ||||||
24 | funding of reserves,
under any self-insurance plan or joint | ||||||
25 | self-insurance pool or entity. | ||||||
26 | In addition to any other borrowing as may be authorized by |
| |||||||
| |||||||
1 | this Section,
the Authority may issue its notes, from time to | ||||||
2 | time, in anticipation of
tax receipts of the Authority or of | ||||||
3 | other
revenues or receipts of the Authority, in order to | ||||||
4 | provide money for the
Authority or the Service Boards to cover | ||||||
5 | any cash flow deficit which
the Authority or a Service Board | ||||||
6 | anticipates incurring. Any such notes
are referred to in this | ||||||
7 | Section as "Working Cash Notes". No Working
Cash Notes shall | ||||||
8 | be issued for a term of longer than 24
months.
Proceeds of | ||||||
9 | Working Cash Notes may be used to pay day to day operating
| ||||||
10 | expenses of the Authority or the Service Boards, consisting of | ||||||
11 | wages,
salaries , and fringe benefits, professional and | ||||||
12 | technical services
(including legal, audit, engineering , and | ||||||
13 | other consulting services), office
rental, furniture, fixtures | ||||||
14 | and equipment, insurance premiums, claims for
self-insured | ||||||
15 | amounts under insurance policies, public utility
obligations | ||||||
16 | for telephone, light, heat and similar items, travel expenses,
| ||||||
17 | office supplies, postage, dues, subscriptions, public hearings | ||||||
18 | and information
expenses, fuel purchases, and payments of | ||||||
19 | grants and payments under purchase
of service agreements for | ||||||
20 | operations of transportation agencies, prior to
the receipt by | ||||||
21 | the Authority or a Service Board from time to time of
funds for | ||||||
22 | paying such expenses. In addition to any Working Cash Notes
| ||||||
23 | that the Board of the Authority may determine to issue, the | ||||||
24 | Suburban Bus
Board, the Commuter Rail Board or the Board of the | ||||||
25 | Chicago Transit Authority
may demand and direct that the | ||||||
26 | Authority issue its Working Cash Notes in
such amounts and |
| |||||||
| |||||||
1 | having such maturities as the Service Board may determine. | ||||||
2 | Notwithstanding any other provision of this Act, any | ||||||
3 | amounts necessary to
pay principal of and interest on any
| ||||||
4 | Working Cash Notes issued at the demand
and direction of a | ||||||
5 | Service Board or any Working Cash Notes the proceeds of
which | ||||||
6 | were used for the direct benefit of a Service Board or any | ||||||
7 | other
Bonds or Notes of the Authority the proceeds of which | ||||||
8 | were used for the
direct benefit of a Service Board shall | ||||||
9 | constitute a reduction of the amount
of any other funds | ||||||
10 | provided by the Authority to that Service
Board. The Authority | ||||||
11 | shall, after deducting any costs of issuance, tender
the net | ||||||
12 | proceeds of any Working Cash Notes issued at the demand and
| ||||||
13 | direction of a Service Board to such Service Board as soon as | ||||||
14 | may be
practicable after the proceeds are received. The | ||||||
15 | Authority may also issue
notes or bonds to pay, refund or | ||||||
16 | redeem any of its notes and bonds,
including to pay redemption | ||||||
17 | premiums or accrued interest on such bonds or
notes being | ||||||
18 | renewed, paid or refunded, and other costs in connection
| ||||||
19 | therewith. The Authority may also utilize the proceeds of any | ||||||
20 | such bonds or
notes to pay the legal, financial, | ||||||
21 | administrative and other expenses of
such authorization, | ||||||
22 | issuance, sale or delivery of bonds or notes or to
provide or | ||||||
23 | increase a debt service reserve fund with respect to any or all
| ||||||
24 | of its bonds or notes. The Authority may also issue and deliver
| ||||||
25 | its bonds or notes in exchange for any public transportation | ||||||
26 | facilities,
(including funds and rights relating thereto, as |
| |||||||
| |||||||
1 | provided in Section
2.05 of this Act) or in exchange for | ||||||
2 | outstanding bonds or notes of the
Authority, including any | ||||||
3 | accrued interest or redemption premium thereon,
without | ||||||
4 | advertising or submitting such notes or bonds for public | ||||||
5 | bidding. | ||||||
6 | (b) The ordinance providing for the issuance of any such | ||||||
7 | bonds or
notes shall fix the date or dates of maturity, the | ||||||
8 | dates on which
interest is payable, any sinking fund account | ||||||
9 | or reserve fund account
provisions and all other details of | ||||||
10 | such bonds or notes and may provide
for such covenants or | ||||||
11 | agreements necessary or desirable with regard to
the issue, | ||||||
12 | sale and security of such bonds or notes. The rate or rates of
| ||||||
13 | interest on its bonds or notes may be fixed or variable and the | ||||||
14 | Authority
shall determine or provide for the determination of | ||||||
15 | the rate or
rates of interest of its bonds or notes
issued | ||||||
16 | under this Act in an ordinance adopted by the Authority prior | ||||||
17 | to
the issuance thereof, none of which rates of interest shall | ||||||
18 | exceed
that permitted in the Bond Authorization Act. Interest | ||||||
19 | may be payable at such times as are provided for
by the Board. | ||||||
20 | Bonds and notes issued under this Section may
be issued as | ||||||
21 | serial or term obligations, shall be of such denomination
or | ||||||
22 | denominations and form, including interest coupons to be | ||||||
23 | attached
thereto, be executed in such manner, shall be payable | ||||||
24 | at such place or
places and bear such date as the Authority | ||||||
25 | shall fix by the ordinance
authorizing such bond or note and | ||||||
26 | shall mature at such time or times,
within a period not to |
| |||||||
| |||||||
1 | exceed forty years from the date of issue, and
may be | ||||||
2 | redeemable prior to maturity with or without premium, at the
| ||||||
3 | option of the Authority, upon such terms and conditions as the | ||||||
4 | Authority
shall fix by the ordinance authorizing the issuance | ||||||
5 | of such bonds or
notes. No bond anticipation note or any | ||||||
6 | renewal thereof shall mature at
any time or times exceeding 5 | ||||||
7 | years from the date of the first issuance
of such note. The | ||||||
8 | Authority may provide for the registration of bonds or
notes | ||||||
9 | in the name of the owner as to the principal alone or as to | ||||||
10 | both
principal and interest, upon such terms and conditions as | ||||||
11 | the Authority
may determine. The ordinance authorizing bonds | ||||||
12 | or notes may provide for
the exchange of such bonds or notes | ||||||
13 | which are fully registered, as to
both principal and interest, | ||||||
14 | with bonds or notes which are registerable
as to principal | ||||||
15 | only. All bonds or notes issued under this Section by
the | ||||||
16 | Authority other than those issued in exchange for property or | ||||||
17 | for
bonds or notes of the Authority shall be sold at a price | ||||||
18 | which may be at
a premium or discount but such that the | ||||||
19 | interest cost (excluding any
redemption premium) to the | ||||||
20 | Authority of the proceeds of an issue of such
bonds or notes, | ||||||
21 | computed to stated maturity according to standard tables
of | ||||||
22 | bond values, shall not exceed that permitted in the Bond | ||||||
23 | Authorization
Act. The Authority shall notify
the
Governor's | ||||||
24 | Office of Management and Budget and the State Comptroller at | ||||||
25 | least 30 days
before any bond sale and shall file with the
| ||||||
26 | Governor's Office of Management and Budget and the
State |
| |||||||
| |||||||
1 | Comptroller a certified copy of any ordinance authorizing the | ||||||
2 | issuance
of bonds at or before the issuance of the bonds.
After | ||||||
3 | December 31, 1994, any such bonds or notes shall be sold
to the | ||||||
4 | highest and best bidder on sealed bids as the Authority shall | ||||||
5 | deem.
As such bonds or notes are to be sold the Authority shall | ||||||
6 | advertise for
proposals to purchase the bonds or notes which | ||||||
7 | advertisement shall be published
at least once in a daily | ||||||
8 | newspaper of general circulation published in the
metropolitan | ||||||
9 | region at least 10 days before the time set for the submission
| ||||||
10 | of bids. The Authority shall have the right to reject any or | ||||||
11 | all bids.
Notwithstanding any other provisions of this | ||||||
12 | Section, Working Cash Notes or
bonds or notes to provide funds | ||||||
13 | for self-insurance or a joint self-insurance
pool or entity | ||||||
14 | may be sold either upon competitive bidding or by negotiated
| ||||||
15 | sale
(without any requirement of publication of intention to | ||||||
16 | negotiate the sale
of such Notes), as the Board shall | ||||||
17 | determine by ordinance adopted with the
affirmative votes of | ||||||
18 | at least 9
Directors. In case any officer whose signature
| ||||||
19 | appears on any bonds, notes or coupons authorized pursuant to | ||||||
20 | this
Section shall cease to be such officer before delivery of | ||||||
21 | such bonds or
notes, such signature shall nevertheless be | ||||||
22 | valid and sufficient for all
purposes, the same as if such | ||||||
23 | officer had remained in office until such
delivery. Neither | ||||||
24 | the Directors of the Authority nor any person
executing any | ||||||
25 | bonds or notes thereof shall be liable personally on any
such | ||||||
26 | bonds or notes or coupons by reason of the issuance thereof. |
| |||||||
| |||||||
1 | (c) All bonds or notes of the Authority issued pursuant to | ||||||
2 | this Section
shall be general obligations
of the Authority to | ||||||
3 | which shall be pledged the full faith and credit of the
| ||||||
4 | Authority, as provided in this Section. Such bonds or notes
| ||||||
5 | shall be secured
as provided in the authorizing ordinance, | ||||||
6 | which may, notwithstanding any other
provision of this Act, | ||||||
7 | include in addition to any other security, a specific
pledge | ||||||
8 | or assignment of and lien on or security interest in any or all | ||||||
9 | tax
receipts of the Authority and on any or all other revenues | ||||||
10 | or moneys of the
Authority from whatever source, which may by | ||||||
11 | law be utilized for debt
service purposes and a specific | ||||||
12 | pledge or assignment of and lien on or security
interest in any | ||||||
13 | funds or accounts established or provided for by the ordinance
| ||||||
14 | of the Authority authorizing the issuance of such bonds or | ||||||
15 | notes. Any such
pledge, assignment, lien , or security interest | ||||||
16 | for the benefit of holders of
bonds or notes of the Authority | ||||||
17 | shall be valid and binding from the time the
bonds or notes are | ||||||
18 | issued without any physical delivery or further act
and shall | ||||||
19 | be valid and binding as against and prior to the claims of all
| ||||||
20 | other parties having claims of any kind against the Authority | ||||||
21 | or any other
person irrespective of whether such other parties | ||||||
22 | have notice of such pledge,
assignment, lien , or security | ||||||
23 | interest. The obligations of the Authority
incurred pursuant | ||||||
24 | to this Section shall be superior to and have priority over
any | ||||||
25 | other obligations of the Authority. | ||||||
26 | The Authority may provide in the
ordinance authorizing the |
| |||||||
| |||||||
1 | issuance of any bonds or notes issued pursuant to
this Section | ||||||
2 | for the creation of, deposits in, and regulation and | ||||||
3 | disposition
of sinking fund or reserve accounts relating to | ||||||
4 | such bonds or notes. The
ordinance authorizing the issuance of | ||||||
5 | any bonds or notes pursuant to this
Section may contain | ||||||
6 | provisions as part of the contract with the holders
of the | ||||||
7 | bonds or notes, for the creation of a separate fund to provide
| ||||||
8 | for the payment of principal and interest on such bonds or | ||||||
9 | notes
and for the deposit in such fund from any or all the tax | ||||||
10 | receipts of the
Authority and from any or all such other moneys | ||||||
11 | or revenues of the
Authority from whatever source which may by | ||||||
12 | law be utilized for debt
service purposes, all as provided in | ||||||
13 | such ordinance, of amounts to meet
the debt service | ||||||
14 | requirements on such bonds or notes, including
principal and | ||||||
15 | interest, and any sinking fund or reserve fund account
| ||||||
16 | requirements as may be provided by such ordinance, and all | ||||||
17 | expenses
incident to or in connection with such fund and | ||||||
18 | accounts or the payment
of such bonds or notes.
Such ordinance | ||||||
19 | may also provide limitations on the issuance of additional
| ||||||
20 | bonds or notes of the Authority. No such bonds or notes of the | ||||||
21 | Authority
shall constitute a debt of the State of Illinois. | ||||||
22 | Nothing in this Act shall
be construed to enable the Authority | ||||||
23 | to impose any ad valorem tax on property. | ||||||
24 | (d) The ordinance of the Authority authorizing the | ||||||
25 | issuance of any bonds
or notes may provide additional security | ||||||
26 | for such bonds or notes by providing
for appointment of a |
| |||||||
| |||||||
1 | corporate trustee (which may be any trust company or
bank | ||||||
2 | having the powers of a trust company within the state) with | ||||||
3 | respect
to such bonds or notes. The ordinance shall prescribe | ||||||
4 | the rights, duties ,
and powers of the trustee to be exercised | ||||||
5 | for the benefit of the Authority
and the protection of the | ||||||
6 | holders of such bonds or notes. The ordinance
may provide for | ||||||
7 | the trustee to hold in trust, invest , and use amounts in
funds | ||||||
8 | and accounts created as provided by the ordinance with respect | ||||||
9 | to
the bonds or notes. The ordinance may provide for the | ||||||
10 | assignment and direct
payment to the trustee of any or all | ||||||
11 | amounts produced from the sources
provided in Section 4.03 and | ||||||
12 | Section 4.09 of this Act and provided in Section 6z-17 of the | ||||||
13 | State Finance Act "An Act
in relation to State finance", | ||||||
14 | approved June 10, 1919, as amended .
Upon receipt of notice of | ||||||
15 | any such assignment, the Department of Revenue and
the | ||||||
16 | Comptroller of the State of Illinois shall thereafter, | ||||||
17 | notwithstanding the
provisions of Section 4.03 and Section | ||||||
18 | 4.09 of this Act and Section 6z-17 of the State Finance Act "An | ||||||
19 | Act in relation
to State finance", approved June 10, 1919, as | ||||||
20 | amended , provide for such
assigned amounts to be paid directly | ||||||
21 | to the trustee instead of the Authority,
all in accordance | ||||||
22 | with the terms of the ordinance making the assignment. The
| ||||||
23 | ordinance shall provide that
amounts so paid to the trustee | ||||||
24 | which are not required to be deposited, held
or invested in | ||||||
25 | funds and accounts created by the ordinance with respect
to | ||||||
26 | bonds or notes or used for paying bonds or notes to be paid by |
| |||||||
| |||||||
1 | the trustee
to the Authority. | ||||||
2 | (e) Any bonds or notes of the Authority issued pursuant to | ||||||
3 | this
Section shall constitute a contract between the Authority | ||||||
4 | and the
holders from time to time of such bonds or notes. In | ||||||
5 | issuing any bond or
note, the Authority may include in the | ||||||
6 | ordinance authorizing such issue
a covenant as part of the | ||||||
7 | contract with the holders of the bonds or
notes, that as long | ||||||
8 | as such obligations are outstanding, it shall make
such | ||||||
9 | deposits, as provided in paragraph (c) of this Section. It may | ||||||
10 | also
so covenant that it shall impose and continue to impose | ||||||
11 | taxes, as
provided in Section 4.03 of this Act and in addition | ||||||
12 | thereto as
subsequently authorized by law, sufficient to make | ||||||
13 | such deposits and pay
the principal and interest and to meet | ||||||
14 | other debt service requirements
of such bonds or notes as they | ||||||
15 | become due. A certified copy of the
ordinance authorizing the | ||||||
16 | issuance of any such obligations shall be
filed at or prior to | ||||||
17 | the issuance of such obligations with the Comptroller
of the | ||||||
18 | State of Illinois and the Illinois Department of Revenue. | ||||||
19 | (f) The State of Illinois pledges to and agrees with the | ||||||
20 | holders of
the bonds and notes of the Authority issued | ||||||
21 | pursuant to this Section
that the State will not limit or alter | ||||||
22 | the rights and powers vested in
the Authority by this Act so as | ||||||
23 | to impair the terms of any contract made
by the Authority with | ||||||
24 | such holders or in any way impair the rights and
remedies of | ||||||
25 | such holders until such bonds and notes, together with
| ||||||
26 | interest thereon, with interest on any unpaid installments of |
| |||||||
| |||||||
1 | interest,
and all costs and expenses in connection with any | ||||||
2 | action or proceedings
by or on behalf of such holders, are | ||||||
3 | fully met and discharged. In
addition, the State pledges to | ||||||
4 | and agrees with the holders of the bonds
and notes of the | ||||||
5 | Authority issued pursuant to this Section that the
State will | ||||||
6 | not limit or alter the basis on which State funds are to be
| ||||||
7 | paid to the Authority as provided in this Act, or the use of | ||||||
8 | such funds,
so as to impair the terms of any such contract. The | ||||||
9 | Authority is
authorized to include these pledges and | ||||||
10 | agreements of the State in any
contract with the holders of | ||||||
11 | bonds or notes issued pursuant to this
Section. | ||||||
12 | (g)(1) Except as provided in subdivisions (g)(2) and | ||||||
13 | (g)(3) of Section
4.04 of this Act, the Authority shall not at | ||||||
14 | any time issue, sell or deliver
any bonds or notes (other than | ||||||
15 | Working Cash Notes and lines of credit) pursuant to this | ||||||
16 | Section
4.04 which will cause
it to have issued and | ||||||
17 | outstanding at any time in excess of $800,000,000 of such
| ||||||
18 | bonds and notes (other than Working Cash Notes and lines of | ||||||
19 | credit).
The Authority shall not issue, sell, or deliver any | ||||||
20 | Working Cash Notes or establish a line of credit pursuant to | ||||||
21 | this Section that will cause it to have issued and outstanding | ||||||
22 | at any time in excess of $100,000,000. However, the Authority | ||||||
23 | may issue, sell, and deliver additional Working Cash Notes or | ||||||
24 | establish a line of credit before July 1, 2022 that are over | ||||||
25 | and above and in addition to the $100,000,000 authorization | ||||||
26 | such that the outstanding amount of these additional Working |
| |||||||
| |||||||
1 | Cash Notes and lines of credit does do not exceed at any time | ||||||
2 | $300,000,000.
Bonds or notes which are being paid or retired | ||||||
3 | by
such issuance, sale or delivery of bonds or notes, and bonds | ||||||
4 | or notes for
which sufficient funds have been deposited with | ||||||
5 | the paying agency of
such bonds or notes to provide for payment | ||||||
6 | of principal and interest
thereon or to provide for the | ||||||
7 | redemption thereof, all pursuant to the
ordinance authorizing | ||||||
8 | the issuance of such bonds or notes, shall not be
considered to | ||||||
9 | be outstanding for the purposes of this subsection. | ||||||
10 | (2) In addition to the authority provided by paragraphs
| ||||||
11 | (1) and (3), the Authority is authorized to issue, sell , and | ||||||
12 | deliver bonds
or notes for Strategic Capital Improvement | ||||||
13 | Projects approved pursuant to
Section 4.13 as follows: | ||||||
14 | $100,000,000 is authorized to be issued on or after | ||||||
15 | January 1, 1990; | ||||||
16 | an additional $100,000,000 is authorized to be issued | ||||||
17 | on or after
January 1, 1991; | ||||||
18 | an additional $100,000,000 is authorized to be issued | ||||||
19 | on or after
January 1, 1992; | ||||||
20 | an additional $100,000,000 is authorized to be issued | ||||||
21 | on or after
January 1, 1993; | ||||||
22 | an additional $100,000,000 is authorized to be issued | ||||||
23 | on or after
January 1, 1994; and | ||||||
24 | the aggregate total authorization of bonds and notes | ||||||
25 | for Strategic
Capital Improvement Projects as of January | ||||||
26 | 1, 1994, shall be $500,000,000. |
| |||||||
| |||||||
1 | The Authority is also authorized to issue, sell, and | ||||||
2 | deliver bonds or
notes in such amounts as are necessary to | ||||||
3 | provide for the refunding or advance
refunding of bonds or | ||||||
4 | notes issued for Strategic Capital Improvement Projects
under | ||||||
5 | this subdivision (g)(2), provided that no such refunding bond | ||||||
6 | or note
shall mature later than the final maturity date of the | ||||||
7 | series of bonds or notes
being refunded, and provided further | ||||||
8 | that the debt service requirements for
such refunding bonds or | ||||||
9 | notes in the current or any future fiscal year shall
not exceed | ||||||
10 | the debt service requirements for that year on the refunded | ||||||
11 | bonds
or notes. | ||||||
12 | (3) In addition to the authority provided by paragraphs | ||||||
13 | (1) and (2),
the Authority is authorized to issue, sell, and | ||||||
14 | deliver bonds or notes for
Strategic Capital Improvement | ||||||
15 | Projects approved pursuant to Section 4.13 as
follows: | ||||||
16 | $260,000,000 is authorized to be issued on or after | ||||||
17 | January 1, 2000; | ||||||
18 | an additional $260,000,000 is authorized to be issued | ||||||
19 | on or after
January 1, 2001; | ||||||
20 | an additional $260,000,000 is authorized to be issued | ||||||
21 | on or after
January 1, 2002; | ||||||
22 | an additional $260,000,000 is authorized to be issued | ||||||
23 | on or after
January 1, 2003; | ||||||
24 | an additional $260,000,000 is authorized to be issued | ||||||
25 | on or after
January 1, 2004; and | ||||||
26 | the aggregate total authorization of bonds and notes |
| |||||||
| |||||||
1 | for Strategic
Capital Improvement Projects pursuant to | ||||||
2 | this paragraph (3) as of
January 1, 2004 shall be | ||||||
3 | $1,300,000,000. | ||||||
4 | The Authority is also authorized to issue, sell, and | ||||||
5 | deliver bonds or notes
in such amounts as are necessary to | ||||||
6 | provide for the refunding or advance
refunding of bonds or | ||||||
7 | notes issued for Strategic Capital Improvement projects
under | ||||||
8 | this subdivision (g)(3), provided that no such refunding bond | ||||||
9 | or note
shall mature later than the final maturity date of the | ||||||
10 | series of bonds or notes
being refunded, and provided further | ||||||
11 | that the debt service requirements for
such refunding bonds or | ||||||
12 | notes in the current or any future fiscal year shall
not exceed | ||||||
13 | the debt service requirements for that year on the refunded | ||||||
14 | bonds or
notes. | ||||||
15 | (h) The Authority, subject to the terms of any agreements | ||||||
16 | with noteholders
or bond holders as may then exist, shall have | ||||||
17 | power, out of any funds
available therefor, to purchase notes | ||||||
18 | or bonds of the Authority, which
shall thereupon be cancelled. | ||||||
19 | (i) In addition to any other authority granted by law, the | ||||||
20 | State Treasurer
may, with the approval of the Governor, invest | ||||||
21 | or reinvest, at a price not
to exceed par, any State money in | ||||||
22 | the State Treasury which is not needed
for current | ||||||
23 | expenditures due or about to become due in Working Cash Notes. | ||||||
24 | In the event of a default on a Working Cash Note issued by the | ||||||
25 | Regional Transportation Authority in which State money in the | ||||||
26 | State treasury was invested, the Treasurer may, after giving |
| |||||||
| |||||||
1 | notice to the Authority, certify to the Comptroller the | ||||||
2 | amounts of the defaulted Working Cash Note, in accordance with | ||||||
3 | any applicable rules of the Comptroller, and the Comptroller | ||||||
4 | must deduct and remit to the State treasury the certified | ||||||
5 | amounts or a portion of those amounts from the following | ||||||
6 | proportions of payments of State funds to the Authority: | ||||||
7 | (1) in the first year after default, one-third of the | ||||||
8 | total amount of any payments of State funds to the | ||||||
9 | Authority; | ||||||
10 | (2) in the second year after default, two-thirds of | ||||||
11 | the total amount of any payments of State funds to the | ||||||
12 | Authority; and | ||||||
13 | (3) in the third year after default and for each year | ||||||
14 | thereafter until the total invested amount is repaid, the | ||||||
15 | total amount of any payments of State funds to the | ||||||
16 | Authority. | ||||||
17 | (j) The Authority may establish a line of credit with a | ||||||
18 | bank or other financial institution as may be evidenced by the | ||||||
19 | issuance of notes or other obligations, secured by and payable | ||||||
20 | from all tax receipts of the Authority and any or all other | ||||||
21 | revenues or moneys of the Authority, in an amount not to exceed | ||||||
22 | the limitations set forth in paragraph (1) of subsection (g). | ||||||
23 | Money borrowed under this subsection (j) shall be used to | ||||||
24 | provide money for the Authority or the Service Boards to cover | ||||||
25 | any cash flow deficit that the Authority or a Service Board | ||||||
26 | anticipates incurring and shall be repaid within 24 months. |
| |||||||
| |||||||
1 | Before establishing a line of credit under this subsection | ||||||
2 | (j), the Authority shall authorize the line of credit by | ||||||
3 | ordinance. The ordinance shall set forth facts demonstrating | ||||||
4 | the need for the line of credit, state the amount to be | ||||||
5 | borrowed, establish a maximum interest rate limit not to | ||||||
6 | exceed the maximum rate authorized by the Bond Authorization | ||||||
7 | Act, and provide a date by which the borrowed funds shall be | ||||||
8 | repaid. The ordinance shall authorize and direct the relevant | ||||||
9 | officials to make arrangements to set apart and hold, as | ||||||
10 | applicable, the moneys that will be used to repay the | ||||||
11 | borrowing. In addition, the ordinance may authorize the | ||||||
12 | relevant officials to make partial repayments on the line of | ||||||
13 | credit as the moneys become available and may contain any | ||||||
14 | other terms, restrictions, or limitations desirable or | ||||||
15 | necessary to give effect to this subsection (j). | ||||||
16 | The Authority shall notify the Governor's Office of | ||||||
17 | Management and Budget and the State Comptroller at least 30 | ||||||
18 | days before establishing a line of credit and shall file with | ||||||
19 | the Governor's Office of Management and Budget and the State | ||||||
20 | Comptroller a certified copy of any ordinance authorizing the | ||||||
21 | establishment of a line of credit upon or before establishing | ||||||
22 | the line of credit. | ||||||
23 | Moneys borrowed under a line of credit pursuant to this | ||||||
24 | subsection (j) are general obligations of the Authority that | ||||||
25 | are secured by the full faith and credit of the Authority. | ||||||
26 | (Source: P.A. 101-485, eff. 8-23-19; revised 8-24-20.)
|
| |||||||
| |||||||
1 | Section 350. The School Code is amended by changing | ||||||
2 | Sections 2-3.80, 2-3.155, 2-3.159, 10-17a, 10-20.5b, 14-8.02, | ||||||
3 | 18-8.15, 22-33, 24A-7, 27-24.1, 27-24.2, 27A-5, 34-18, and | ||||||
4 | 34-18.11, by setting forth and renumbering multiple versions | ||||||
5 | of Sections 2-3.176, 10-20.69, 22-85, and 27-23.13, and by | ||||||
6 | setting forth, renumbering, and changing multiple versions of | ||||||
7 | Section 34-18.61 as follows:
| ||||||
8 | (105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
| ||||||
9 | Sec. 2-3.80. (a) The General Assembly recognizes that | ||||||
10 | agriculture is
the most basic and singularly important | ||||||
11 | industry in the State, that
agriculture is of central | ||||||
12 | importance to the welfare and economic stability
of the State, | ||||||
13 | and that the maintenance of this vital industry requires a
| ||||||
14 | continued source of trained and qualified individuals for | ||||||
15 | employment in
agriculture and agribusiness. The General | ||||||
16 | Assembly hereby declares that it
is in the best interests of | ||||||
17 | the people of the State of Illinois that a
comprehensive | ||||||
18 | education program in agriculture be created and maintained by
| ||||||
19 | the State's public school system in order to ensure an | ||||||
20 | adequate supply of
trained and skilled individuals and to | ||||||
21 | ensure appropriate representation of
racial and ethnic groups | ||||||
22 | in all phases of the industry. It is the intent
of the General | ||||||
23 | Assembly that a State program for agricultural education
shall | ||||||
24 | be a part of the curriculum of the public school system K |
| |||||||
| |||||||
1 | through
adult, and made readily available to all school | ||||||
2 | districts which may, at
their option, include programs in | ||||||
3 | education in agriculture as a part of the
curriculum of that | ||||||
4 | district.
| ||||||
5 | (b) The State Board of Education shall adopt such rules | ||||||
6 | and regulations
as are necessary to implement the provisions | ||||||
7 | of this Section. The rules
and regulations shall not create | ||||||
8 | any new State mandates on school districts
as a condition of | ||||||
9 | receiving federal, State, and local funds by those
entities. | ||||||
10 | It is in the intent of the General Assembly that, although this
| ||||||
11 | Section does not create any new mandates, school districts are | ||||||
12 | strongly
advised to follow the guidelines set forth in this | ||||||
13 | Section.
| ||||||
14 | (c) The State Superintendent of Education shall assume | ||||||
15 | responsibility
for the administration of the State program | ||||||
16 | adopted under this Section
throughout the public school system | ||||||
17 | as well as the articulation of the
State program to the | ||||||
18 | requirements and mandates of federally assisted
education. | ||||||
19 | There is currently within the State Board of Education an
| ||||||
20 | agricultural education unit to assist school districts in the | ||||||
21 | establishment
and maintenance of educational programs pursuant | ||||||
22 | to the provisions of this
Section. The staffing of the unit | ||||||
23 | shall at all times be comprised of an
appropriate number of | ||||||
24 | full-time employees who shall serve as program
consultants in | ||||||
25 | agricultural education and shall be available to provide
| ||||||
26 | assistance to school districts. At least one consultant shall |
| |||||||
| |||||||
1 | be
responsible for the coordination of the State program, as | ||||||
2 | Head Consultant.
At least one consultant shall be responsible | ||||||
3 | for the coordination of the
activities of student and | ||||||
4 | agricultural organizations and associations.
| ||||||
5 | (d) A committee of 13 agriculturalists representative of | ||||||
6 | the various and
diverse areas of the agricultural industry in | ||||||
7 | Illinois shall be established
to at least develop a curriculum | ||||||
8 | and overview the implementation of the
Build Illinois through | ||||||
9 | Quality Agricultural Education plans of the Illinois
| ||||||
10 | Leadership Council for Agricultural Education and to advise
| ||||||
11 | the State Board of Education on vocational agricultural | ||||||
12 | education. The
Committee shall be composed of the following: 6 | ||||||
13 | (6) agriculturalists
representing the Illinois Leadership | ||||||
14 | Council for Agricultural Education; 2
(2) Secondary | ||||||
15 | Agriculture Teachers; one (1) "Ag In The Classroom" Teacher; | ||||||
16 | one (1)
Community College Agriculture Teacher; one (1) Adult | ||||||
17 | Agriculture Education
Teacher; one (1) University Agriculture | ||||||
18 | Teacher Educator; and one (1) FFA
Representative. All members | ||||||
19 | of the Committee shall be appointed by the
Governor by and with | ||||||
20 | the advice and consent of the Senate. The terms of
all members | ||||||
21 | so appointed shall be for 3 years, except that of the members
| ||||||
22 | initially appointed, 5 shall be appointed to serve for terms | ||||||
23 | of one 1 year, 4
shall be appointed to serve for terms of 2 | ||||||
24 | years , and 4 shall be appointed
to serve for terms of 3 years. | ||||||
25 | All members of the Committee shall serve
until their | ||||||
26 | successors are appointed and qualified. Vacancies in terms
|
| |||||||
| |||||||
1 | shall be filled by appointment of the Governor with the advice | ||||||
2 | and consent
of the Senate for the extent of the unexpired term. | ||||||
3 | The State Board of
Education shall implement a Build Illinois | ||||||
4 | through Quality Agricultural
Education plan following receipt | ||||||
5 | of these recommendations which
shall be made available on or | ||||||
6 | before March 31, 1987.
Recommendations shall include, but not | ||||||
7 | be limited to, the development of a
curriculum and a strategy | ||||||
8 | for the purpose of establishing a source of
trained and | ||||||
9 | qualified individuals in agriculture, a strategy for
| ||||||
10 | articulating the State program in agricultural education | ||||||
11 | throughout the
public school system, and a consumer education | ||||||
12 | outreach strategy regarding
the importance of agriculture in | ||||||
13 | Illinois. The committee of agriculturalists
shall serve | ||||||
14 | without compensation.
| ||||||
15 | (e) A school district that offers a secondary agricultural | ||||||
16 | education program that is approved for State and federal | ||||||
17 | funding must ensure that, at a minimum, all of the following | ||||||
18 | are available to its secondary agricultural education | ||||||
19 | students: | ||||||
20 | (1) An instructional sequence of courses approved by | ||||||
21 | the State Board of Education. | ||||||
22 | (2) A State and nationally affiliated FFA (Future | ||||||
23 | Farmers of America) chapter that is integral to | ||||||
24 | instruction and is not treated solely as an | ||||||
25 | extracurricular activity. | ||||||
26 | (3) A mechanism for ensuring the involvement of all |
| |||||||
| |||||||
1 | secondary agricultural education students in formal, | ||||||
2 | supervised, agricultural-experience activities and | ||||||
3 | programs.
| ||||||
4 | (f) Nothing in this Section may prevent those secondary | ||||||
5 | agricultural education programs that are in operation before | ||||||
6 | January 1, 2007 ( the effective date of Public Act 94-855) this | ||||||
7 | amendatory Act of the 94th General Assembly and that do not | ||||||
8 | have an active State and nationally affiliated FFA chapter | ||||||
9 | from continuing to operate or from continuing to receive | ||||||
10 | funding from the State Board of Education.
| ||||||
11 | (Source: P.A. 94-855, eff. 1-1-07; revised 8-24-20.)
| ||||||
12 | (105 ILCS 5/2-3.155) | ||||||
13 | Sec. 2-3.155. Textbook block grant program. | ||||||
14 | (a) The provisions of this Section are in the public | ||||||
15 | interest, for the public benefit, and serve secular public | ||||||
16 | purposes. | ||||||
17 | (b) As used in this Section, "textbook" means any book or | ||||||
18 | book substitute that a pupil uses as a text or text substitute, | ||||||
19 | including electronic textbooks. "Textbook" includes books, | ||||||
20 | reusable workbooks, manuals, whether bound or in loose-leaf | ||||||
21 | form, instructional computer software, and electronic | ||||||
22 | textbooks and the technological equipment necessary to gain | ||||||
23 | access to and use electronic textbooks intended as a principal | ||||||
24 | source of study material for a given class or group of | ||||||
25 | students. "Textbook" also includes science curriculum |
| |||||||
| |||||||
1 | materials in a kit format that includes pre-packaged | ||||||
2 | consumable materials if (i) it is shown that the materials | ||||||
3 | serve as a textbook substitute, (ii) the materials are for use | ||||||
4 | by the pupils as a principal learning source, (iii) each | ||||||
5 | component of the materials is integrally necessary to teach | ||||||
6 | the requirements of the intended course, (iv) the kit includes | ||||||
7 | teacher guidance materials, and (v) the purchase of individual | ||||||
8 | consumable materials is not allowed. | ||||||
9 | (c) Subject to annual appropriation by the General | ||||||
10 | Assembly, the State Board of Education is authorized to | ||||||
11 | provide annual funding to public school districts and | ||||||
12 | State-recognized, non-public schools serving students in | ||||||
13 | grades kindergarten through 12 for the purchase of selected | ||||||
14 | textbooks. The textbooks authorized to be purchased under this | ||||||
15 | Section are limited without exception to textbooks for use in | ||||||
16 | any public school and that are secular, non-religious, | ||||||
17 | non-sectarian, and non-discriminatory as to any of the | ||||||
18 | characteristics under the Illinois Human Rights Act. Textbooks | ||||||
19 | authorized to be purchased under this Section must include the | ||||||
20 | roles and contributions of all people protected under the | ||||||
21 | Illinois Human Rights Act. Each public school district and | ||||||
22 | State-recognized, non-public school shall, subject to | ||||||
23 | appropriations for that purpose, receive a per pupil grant for | ||||||
24 | the purchase of secular and non-discriminatory textbooks. The | ||||||
25 | per pupil grant amount must be calculated by the State Board of | ||||||
26 | Education utilizing the total appropriation
made for these |
| |||||||
| |||||||
1 | purposes divided by the most current student
enrollment data | ||||||
2 | available. | ||||||
3 | (d) The State Board of Education may adopt rules as | ||||||
4 | necessary for the implementation of this Section and to ensure | ||||||
5 | the religious neutrality of the textbook block grant program, | ||||||
6 | as well as provide for the monitoring of all textbooks | ||||||
7 | authorized in this Section to be purchased directly by | ||||||
8 | State-recognized, nonpublic schools serving students in grades | ||||||
9 | kindergarten through 12.
| ||||||
10 | (Source: P.A. 101-17, eff. 6-14-19; 101-227, eff. 7-1-20; | ||||||
11 | revised 8-4-20.)
| ||||||
12 | (105 ILCS 5/2-3.159) | ||||||
13 | Sec. 2-3.159. State Seal of Biliteracy. | ||||||
14 | (a) In this Section, "foreign language" means any language | ||||||
15 | other than English, including all modern languages, Latin, | ||||||
16 | American Sign Language, Native American languages, and native | ||||||
17 | languages. | ||||||
18 | (b) The State Seal of Biliteracy program is established to | ||||||
19 | recognize public and non-public high school graduates who have | ||||||
20 | attained a high level of proficiency in one or more languages | ||||||
21 | in addition to English. School district and non-public school | ||||||
22 | participation in this program is voluntary. | ||||||
23 | (c) The purposes of the State Seal of Biliteracy are as | ||||||
24 | follows: | ||||||
25 | (1) To encourage pupils to study languages. |
| |||||||
| |||||||
1 | (2) To certify attainment of biliteracy. | ||||||
2 | (3) To provide employers with a method of identifying | ||||||
3 | people with language and biliteracy skills. | ||||||
4 | (4) To provide universities with an additional method | ||||||
5 | to recognize applicants seeking admission. | ||||||
6 | (5) To prepare pupils with 21st century skills. | ||||||
7 | (6) To recognize the value of foreign language and | ||||||
8 | native language instruction in public and non-public | ||||||
9 | schools. | ||||||
10 | (7) To strengthen intergroup relationships, affirm the | ||||||
11 | value of diversity, and honor the multiple cultures and | ||||||
12 | languages of a community. | ||||||
13 | (d) The State Seal of Biliteracy certifies attainment of a | ||||||
14 | high
level of proficiency, sufficient for meaningful use in | ||||||
15 | college and a career, by a graduating public or non-public | ||||||
16 | high school pupil in one or more
languages in addition to | ||||||
17 | English. | ||||||
18 | (e) The State Board of Education shall adopt such rules as | ||||||
19 | may be necessary to establish the criteria that pupils must | ||||||
20 | achieve to earn a State Seal of Biliteracy, which may include | ||||||
21 | without limitation attainment of units of credit in English | ||||||
22 | language arts and languages other than English and passage of | ||||||
23 | such assessments of foreign language proficiency as may be | ||||||
24 | approved by the State Board of Education for this purpose. | ||||||
25 | These rules shall ensure that the criteria that pupils must | ||||||
26 | achieve to earn a State Seal of Biliteracy meet the course |
| |||||||
| |||||||
1 | credit criteria established under subsection (i) of this | ||||||
2 | Section. | ||||||
3 | (e-5) To demonstrate sufficient English language | ||||||
4 | proficiency for eligibility to receive a State Seal of | ||||||
5 | Biliteracy under this Section, the State Board of Education | ||||||
6 | shall allow a pupil to provide his or her school district with | ||||||
7 | evidence of completion of any of the following, in accordance | ||||||
8 | with guidelines for proficiency adopted by the State Board: | ||||||
9 | (1) An AP (Advanced Placement) English Language and | ||||||
10 | Composition Exam. | ||||||
11 | (2) An English language arts dual credit course. | ||||||
12 | (3) Transitional coursework in English language arts | ||||||
13 | articulated in partnership with a public community college | ||||||
14 | as an ESSA (Every Student Succeeds Act) College and Career | ||||||
15 | Readiness Indicator. | ||||||
16 | (f) The State Board of Education shall do both of the | ||||||
17 | following: | ||||||
18 | (1) Prepare and deliver to participating school | ||||||
19 | districts and non-public schools an appropriate mechanism | ||||||
20 | for designating the State Seal of Biliteracy on the | ||||||
21 | diploma and transcript of the pupil indicating that the | ||||||
22 | pupil has been awarded a State Seal of Biliteracy by the | ||||||
23 | State Board of Education. | ||||||
24 | (2) Provide other information the State Board of | ||||||
25 | Education deems necessary for school districts and | ||||||
26 | non-public schools to successfully participate in the |
| |||||||
| |||||||
1 | program. | ||||||
2 | (g) A school district or non-public school that | ||||||
3 | participates in the program under this
Section shall do both | ||||||
4 | of the following: | ||||||
5 | (1) Maintain appropriate records in order to identify | ||||||
6 | pupils who have earned a State Seal of Biliteracy. | ||||||
7 | (2) Make the appropriate designation on the diploma | ||||||
8 | and transcript of each pupil who earns a State Seal of | ||||||
9 | Biliteracy. | ||||||
10 | (h) No fee shall be charged to a pupil to receive the | ||||||
11 | designation pursuant to this Section. Notwithstanding this | ||||||
12 | prohibition, costs may be incurred by the pupil in | ||||||
13 | demonstrating proficiency, including without limitation any | ||||||
14 | assessments required under subsection (e) of this Section.
| ||||||
15 | (i) For admissions purposes, each public university in | ||||||
16 | this State shall accept the State Seal of Biliteracy as | ||||||
17 | equivalent to 2 years of foreign language coursework taken | ||||||
18 | during high school if a student's high school transcript | ||||||
19 | indicates that he or she will be receiving or has received the | ||||||
20 | State Seal of Biliteracy. | ||||||
21 | (j) Each public community college and public university in | ||||||
22 | this State shall establish criteria to translate a State Seal | ||||||
23 | of Biliteracy into course credit based on foreign language | ||||||
24 | course equivalencies identified by the community college's or | ||||||
25 | university's faculty and staff and, upon request from an | ||||||
26 | enrolled student, the community college or university shall |
| |||||||
| |||||||
1 | award foreign language course credit to a student who has | ||||||
2 | received a State Seal of Biliteracy. Students enrolled in a | ||||||
3 | public community college or public university who have | ||||||
4 | received a State Seal of Biliteracy must request course credit | ||||||
5 | for their seal within 3 academic years after graduating from | ||||||
6 | high school. | ||||||
7 | (Source: P.A. 101-222, eff. 1-1-20; 101-503, eff. 8-23-19; | ||||||
8 | revised 9-9-19.)
| ||||||
9 | (105 ILCS 5/2-3.176) | ||||||
10 | Sec. 2-3.176. Transfers to Governor's Grant Fund. In | ||||||
11 | addition to any other transfers that may be provided for by | ||||||
12 | law, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer from the SBE Federal Agency Services | ||||||
14 | Fund and the SBE Federal Department of Education Fund into the | ||||||
15 | Governor's Grant Fund such amounts as may be directed in | ||||||
16 | writing by the State Board of Education.
| ||||||
17 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
18 | (105 ILCS 5/2-3.179)
| ||||||
19 | Sec. 2-3.179 2-3.176 . Work-based learning database. | ||||||
20 | (a) In this Section, "work-based learning" means an | ||||||
21 | educational strategy that provides students with real-life | ||||||
22 | work experiences in which they can apply academic and | ||||||
23 | technical skills and develop their employability. | ||||||
24 | (b) The State Board must develop a work-based learning |
| |||||||
| |||||||
1 | database to help facilitate relationships between school | ||||||
2 | districts and businesses and expand work-based learning in | ||||||
3 | this State.
| ||||||
4 | (Source: P.A. 101-389, eff. 8-16-19; revised 10-21-19.)
| ||||||
5 | (105 ILCS 5/2-3.180)
| ||||||
6 | Sec. 2-3.180 2-3.176 . School safety and security grants. | ||||||
7 | Subject to appropriation or private donations, the State Board | ||||||
8 | of Education shall award grants to school districts to support | ||||||
9 | school safety and security. Grant funds may be used for school | ||||||
10 | security improvements, including professional development, | ||||||
11 | safety-related upgrades to school buildings, equipment, | ||||||
12 | including metal detectors and x-ray machines, and facilities, | ||||||
13 | including school-based health centers. The State Board must | ||||||
14 | prioritize the distribution of grants under this Section to | ||||||
15 | school districts designated as Tier 1 or Tier 2 under Section | ||||||
16 | 18-8.15.
| ||||||
17 | (Source: P.A. 101-413, eff. 1-1-20; revised 10-21-19.)
| ||||||
18 | (105 ILCS 5/2-3.181)
| ||||||
19 | Sec. 2-3.181 2-3.176 . Safe Schools and Healthy Learning | ||||||
20 | Environments Grant Program. | ||||||
21 | (a) The State Board of Education, subject to | ||||||
22 | appropriation, is authorized to award competitive grants on an | ||||||
23 | annual basis under a Safe Schools and Healthy Learning | ||||||
24 | Environments Grant Program. The goal of this grant program is |
| |||||||
| |||||||
1 | to promote school safety and healthy learning environments by | ||||||
2 | providing schools with additional resources to implement | ||||||
3 | restorative interventions and resolution strategies as | ||||||
4 | alternatives to exclusionary discipline, and to address the | ||||||
5 | full range of students' intellectual, social, emotional, | ||||||
6 | physical, psychological, and moral developmental needs. | ||||||
7 | (b) To receive a grant under this program, a school | ||||||
8 | district must submit with its grant application a plan for | ||||||
9 | implementing evidence-based and promising practices that are | ||||||
10 | aligned with the goal of this program. The application may | ||||||
11 | include proposals to (i) hire additional school support | ||||||
12 | personnel, including, but not limited to, restorative justice | ||||||
13 | practitioners, school psychologists, school social workers, | ||||||
14 | and other mental and behavioral health specialists; (ii) use | ||||||
15 | existing school-based resources, community-based resources, or | ||||||
16 | other experts and practitioners to expand alternatives to | ||||||
17 | exclusionary discipline, mental and behavioral health | ||||||
18 | supports, wraparound services, or drug and alcohol treatment; | ||||||
19 | and (iii) provide training for school staff on trauma-informed | ||||||
20 | approaches to meeting students' developmental needs, | ||||||
21 | addressing the effects of toxic stress, restorative justice | ||||||
22 | approaches, conflict resolution techniques, and the effective | ||||||
23 | utilization of school support personnel and community-based | ||||||
24 | services. For purposes of this subsection, "promising | ||||||
25 | practices" means practices that present, based on preliminary | ||||||
26 | information, potential for becoming evidence-based practices. |
| |||||||
| |||||||
1 | Grant funds may not be used to increase the use of | ||||||
2 | school-based law enforcement or security personnel. Nothing in | ||||||
3 | this Section shall prohibit school districts from involving | ||||||
4 | law enforcement personnel when necessary and allowed by law. | ||||||
5 | (c) The State Board of Education, subject to appropriation | ||||||
6 | for the grant program, shall annually disseminate a request | ||||||
7 | for applications to this program, and funds shall be | ||||||
8 | distributed annually. The criteria to be considered by the | ||||||
9 | State Board of Education in awarding the funds shall be (i) the | ||||||
10 | average ratio of school support personnel to students in the | ||||||
11 | target schools over the preceding 3 school years, with | ||||||
12 | priority given to applications with a demonstrated shortage of | ||||||
13 | school support personnel to meet student needs; and (ii) the | ||||||
14 | degree to which the proposal articulates a comprehensive | ||||||
15 | approach for reducing exclusionary discipline while building | ||||||
16 | safe and healthy learning environments. Priority shall be | ||||||
17 | given to school districts that meet the metrics under | ||||||
18 | subsection (b) of Section 2-3.162. | ||||||
19 | (d) The State Board of Education, subject to appropriation | ||||||
20 | for the grant program, shall produce an
annual report on the | ||||||
21 | program in
cooperation with the school districts participating | ||||||
22 | in the program. The report shall include available
| ||||||
23 | quantitative information on the progress being made in | ||||||
24 | reducing exclusionary discipline and the effects of the | ||||||
25 | program on school safety and school climate. This report shall | ||||||
26 | be posted on the State Board of Education's website by
October |
| |||||||
| |||||||
1 | 31 of each year, beginning in 2020. | ||||||
2 | (e) The State Board of Education may adopt any rules | ||||||
3 | necessary for the implementation of this program.
| ||||||
4 | (Source: P.A. 101-438, eff. 8-20-19; revised 10-21-19.)
| ||||||
5 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
6 | Sec. 10-17a. State, school district, and school report | ||||||
7 | cards.
| ||||||
8 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
9 | school year, the State Board of Education, through the State | ||||||
10 | Superintendent of Education, shall prepare a State report | ||||||
11 | card, school district report cards, and school report cards, | ||||||
12 | and shall by the most economic means provide to each school
| ||||||
13 | district in this State, including special charter districts | ||||||
14 | and districts
subject to the provisions of Article 34, the | ||||||
15 | report cards for the school district and each of its schools. | ||||||
16 | (2) In addition to any information required by federal | ||||||
17 | law, the State Superintendent shall determine the indicators | ||||||
18 | and presentation of the school report card, which must | ||||||
19 | include, at a minimum, the most current data collected and | ||||||
20 | maintained by the State Board of Education related to the | ||||||
21 | following: | ||||||
22 | (A) school characteristics and student demographics, | ||||||
23 | including average class size, average teaching experience, | ||||||
24 | student racial/ethnic breakdown, and the percentage of | ||||||
25 | students classified as low-income; the percentage of |
| |||||||
| |||||||
1 | students classified as English learners; the percentage of | ||||||
2 | students who have individualized education plans or 504 | ||||||
3 | plans that provide for special education services; the | ||||||
4 | number and percentage of all students who have been | ||||||
5 | assessed for placement in a gifted education or advanced | ||||||
6 | academic program and, of those students: (i) the racial | ||||||
7 | and ethnic breakdown, (ii) the percentage who are | ||||||
8 | classified as low-income, and (iii) the number and | ||||||
9 | percentage of students who received direct instruction | ||||||
10 | from a teacher who holds a gifted education endorsement | ||||||
11 | and, of those students, the percentage who are classified | ||||||
12 | as low-income; the percentage of students scoring at the | ||||||
13 | "exceeds expectations" level on the assessments required | ||||||
14 | under Section 2-3.64a-5 of this Code; the percentage of | ||||||
15 | students who annually transferred in or out of the school | ||||||
16 | district; average daily attendance; the per-pupil | ||||||
17 | operating expenditure of the school district; and the | ||||||
18 | per-pupil State average operating expenditure for the | ||||||
19 | district type (elementary, high school, or unit); | ||||||
20 | (B) curriculum information, including, where | ||||||
21 | applicable, Advanced Placement, International | ||||||
22 | Baccalaureate or equivalent courses, dual enrollment | ||||||
23 | courses, foreign language classes, school personnel | ||||||
24 | resources (including Career Technical Education teachers), | ||||||
25 | before and after school programs, extracurricular | ||||||
26 | activities, subjects in which elective classes are |
| |||||||
| |||||||
1 | offered, health and wellness initiatives (including the | ||||||
2 | average number of days of Physical Education per week per | ||||||
3 | student), approved programs of study, awards received, | ||||||
4 | community partnerships, and special programs such as | ||||||
5 | programming for the gifted and talented, students with | ||||||
6 | disabilities, and work-study students; | ||||||
7 | (C) student outcomes, including, where applicable, the | ||||||
8 | percentage of students deemed proficient on assessments of | ||||||
9 | State standards, the percentage of students in the eighth | ||||||
10 | grade who pass Algebra, the percentage of students who | ||||||
11 | participated in workplace learning experiences, the | ||||||
12 | percentage of students enrolled in post-secondary | ||||||
13 | institutions (including colleges, universities, community | ||||||
14 | colleges, trade/vocational schools, and training programs | ||||||
15 | leading to career certification within 2 semesters of high | ||||||
16 | school graduation), the percentage of students graduating | ||||||
17 | from high school who are college and career ready, and the | ||||||
18 | percentage of graduates enrolled in community colleges, | ||||||
19 | colleges, and universities who are in one or more courses | ||||||
20 | that the community college, college, or university | ||||||
21 | identifies as a developmental course; | ||||||
22 | (D) student progress, including, where applicable, the | ||||||
23 | percentage of students in the ninth grade who have earned | ||||||
24 | 5 credits or more without failing more than one core | ||||||
25 | class, a measure of students entering kindergarten ready | ||||||
26 | to learn, a measure of growth, and the percentage of |
| |||||||
| |||||||
1 | students who enter high school on track for college and | ||||||
2 | career readiness; | ||||||
3 | (E) the school environment, including, where | ||||||
4 | applicable, the percentage of students with less than 10 | ||||||
5 | absences in a school year, the percentage of teachers with | ||||||
6 | less than 10 absences in a school year for reasons other | ||||||
7 | than professional development, leaves taken pursuant to | ||||||
8 | the federal Family Medical Leave Act of 1993, long-term | ||||||
9 | disability, or parental leaves, the 3-year average of the | ||||||
10 | percentage of teachers returning to the school from the | ||||||
11 | previous year, the number of different principals at the | ||||||
12 | school in the last 6 years, the number of teachers who hold | ||||||
13 | a gifted education endorsement, the process and criteria | ||||||
14 | used by the district to determine whether a student is | ||||||
15 | eligible for participation in a gifted education program | ||||||
16 | or advanced academic program and the manner in which | ||||||
17 | parents and guardians are made aware of the process and | ||||||
18 | criteria, 2 or more indicators from any school climate | ||||||
19 | survey selected or approved by the State and administered | ||||||
20 | pursuant to Section 2-3.153 of this Code, with the same or | ||||||
21 | similar indicators included on school report cards for all | ||||||
22 | surveys selected or approved by the State pursuant to | ||||||
23 | Section 2-3.153 of this Code, and the combined percentage | ||||||
24 | of teachers rated as proficient or excellent in their most | ||||||
25 | recent evaluation; | ||||||
26 | (F) a school district's and its individual schools' |
| |||||||
| |||||||
1 | balanced accountability measure, in accordance with | ||||||
2 | Section 2-3.25a of this Code; | ||||||
3 | (G) the total and per pupil normal cost amount the | ||||||
4 | State contributed to the Teachers' Retirement System of | ||||||
5 | the State of Illinois in the prior fiscal year for the | ||||||
6 | school's employees, which shall be reported to the State | ||||||
7 | Board of Education by the Teachers' Retirement System of | ||||||
8 | the State of Illinois; | ||||||
9 | (H) for a school district organized under Article 34 | ||||||
10 | of this Code only, State contributions to the Public | ||||||
11 | School Teachers' Pension and Retirement Fund of Chicago | ||||||
12 | and State contributions for health care for employees of | ||||||
13 | that school district; | ||||||
14 | (I) a school district's Final Percent of Adequacy, as | ||||||
15 | defined in paragraph (4) of subsection (f) of Section | ||||||
16 | 18-8.15 of this Code; | ||||||
17 | (J) a school district's Local Capacity Target, as | ||||||
18 | defined in paragraph (2) of subsection (c) of Section | ||||||
19 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
20 | (K) a school district's Real Receipts, as defined in | ||||||
21 | paragraph (1) of subsection (d) of Section 18-8.15 of this | ||||||
22 | Code, divided by a school district's Adequacy Target, as | ||||||
23 | defined in paragraph (1) of subsection (b) of Section | ||||||
24 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
25 | (L) a school district's administrative costs; and | ||||||
26 | (M) whether or not the school has participated in the |
| |||||||
| |||||||
1 | Illinois Youth Survey. In this paragraph (M), "Illinois | ||||||
2 | Youth Survey" means a self-report survey, administered in | ||||||
3 | school settings every 2 years, designed to gather | ||||||
4 | information about health and social indicators, including | ||||||
5 | substance abuse patterns and the attitudes of students in | ||||||
6 | grades 8, 10, and 12; and | ||||||
7 | (N) whether the school offered its students career and | ||||||
8 | technical education opportunities. | ||||||
9 | The school report card shall also provide
information that | ||||||
10 | allows for comparing the current outcome, progress, and | ||||||
11 | environment data to the State average, to the school data from | ||||||
12 | the past 5 years, and to the outcomes, progress, and | ||||||
13 | environment of similar schools based on the type of school and | ||||||
14 | enrollment of low-income students, special education students, | ||||||
15 | and English learners.
| ||||||
16 | As used in this subsection (2): | ||||||
17 | "Administrative costs" means costs associated with | ||||||
18 | executive, administrative, or managerial functions within the | ||||||
19 | school district that involve planning, organizing, managing, | ||||||
20 | or directing the school district. | ||||||
21 | "Advanced academic program" means a course of study to | ||||||
22 | which students are assigned based on advanced cognitive | ||||||
23 | ability or advanced academic achievement compared to local age | ||||||
24 | peers and in which the curriculum is substantially | ||||||
25 | differentiated from the general curriculum to provide | ||||||
26 | appropriate challenge and pace. |
| |||||||
| |||||||
1 | "Gifted education" means educational services, including | ||||||
2 | differentiated curricula and instructional methods, designed | ||||||
3 | to meet the needs of gifted children as defined in Article 14A | ||||||
4 | of this Code. | ||||||
5 | For the purposes of paragraph (A) of this subsection (2), | ||||||
6 | "average daily attendance" means the average of the actual | ||||||
7 | number of attendance days during the previous school year for | ||||||
8 | any enrolled student who is subject to compulsory attendance | ||||||
9 | by Section 26-1 of this Code at each school and charter school. | ||||||
10 | (3) At the discretion of the State Superintendent, the | ||||||
11 | school district report card shall include a subset of the | ||||||
12 | information identified in paragraphs (A) through (E) of | ||||||
13 | subsection (2) of this Section, as well as information | ||||||
14 | relating to the operating expense per pupil and other finances | ||||||
15 | of the school district, and the State report card shall | ||||||
16 | include a subset of the information identified in paragraphs | ||||||
17 | (A) through (E) and paragraph (N) of subsection (2) of this | ||||||
18 | Section. The school district report card shall include the | ||||||
19 | average daily attendance, as that term is defined in | ||||||
20 | subsection (2) of this Section, of students who have | ||||||
21 | individualized education programs and students who have 504 | ||||||
22 | plans that provide for special education services within the | ||||||
23 | school district. | ||||||
24 | (4) Notwithstanding anything to the contrary in this | ||||||
25 | Section, in consultation with key education stakeholders, the | ||||||
26 | State Superintendent shall at any time have the discretion to |
| |||||||
| |||||||
1 | amend or update any and all metrics on the school, district, or | ||||||
2 | State report card. | ||||||
3 | (5) Annually, no more than 30 calendar days after receipt | ||||||
4 | of the school district and school report cards from the State | ||||||
5 | Superintendent of Education, each school district, including | ||||||
6 | special charter districts and districts subject to the | ||||||
7 | provisions of Article 34, shall present such report
cards at a | ||||||
8 | regular school board meeting subject to
applicable notice | ||||||
9 | requirements, post the report cards
on the
school district's | ||||||
10 | Internet web site, if the district maintains an Internet web
| ||||||
11 | site, make the report cards
available
to a newspaper of | ||||||
12 | general circulation serving the district, and, upon
request, | ||||||
13 | send the report cards
home to a parent (unless the district | ||||||
14 | does not maintain an Internet web site,
in which case
the | ||||||
15 | report card shall be sent home to parents without request). If | ||||||
16 | the
district posts the report card on its Internet web
site, | ||||||
17 | the district
shall send a
written notice home to parents | ||||||
18 | stating (i) that the report card is available on
the web site,
| ||||||
19 | (ii) the address of the web site, (iii) that a printed copy of | ||||||
20 | the report card
will be sent to
parents upon request, and (iv) | ||||||
21 | the telephone number that parents may
call to
request a | ||||||
22 | printed copy of the report card.
| ||||||
23 | (6) Nothing contained in Public Act 98-648 repeals, | ||||||
24 | supersedes, invalidates, or nullifies final decisions in | ||||||
25 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
26 | Act 98-648) in Illinois courts involving the interpretation of |
| |||||||
| |||||||
1 | Public Act 97-8. | ||||||
2 | (Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18; | ||||||
3 | 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff. | ||||||
4 | 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68, | ||||||
5 | eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
| ||||||
6 | (105 ILCS 5/10-20.5b) (from Ch. 122, par. 10-20.5b)
| ||||||
7 | Sec. 10-20.5b. Tobacco prohibition. Each school board | ||||||
8 | shall prohibit
the use of tobacco on school property by any | ||||||
9 | school personnel, student, or
other person when such property | ||||||
10 | is being used for
any school purposes. The school board may
not | ||||||
11 | authorize or permit any
exception to or exemption from the | ||||||
12 | prohibition at any place or at any time,
including , without | ||||||
13 | limitation , outside of school buildings or before or after the
| ||||||
14 | regular school day or on days when school is not in session. | ||||||
15 | "School purposes" includes, but is include but
are not limited | ||||||
16 | to ,
all events or activities or other use of school property | ||||||
17 | that the school
board or school officials authorize or permit | ||||||
18 | on school property, including ,
without limitation ,
all | ||||||
19 | interscholastic or extracurricular athletic, academic, or | ||||||
20 | other events
sponsored by the school board or in which pupils | ||||||
21 | of the district
participate. For purposes of this Section | ||||||
22 | "tobacco" shall mean a cigarette, a
cigar, or tobacco in any | ||||||
23 | other form, including smokeless tobacco which is
any loose, | ||||||
24 | cut, shredded, ground, powdered, compressed , or leaf tobacco | ||||||
25 | that
is intended to be placed in the mouth without being |
| |||||||
| |||||||
1 | smoked.
| ||||||
2 | (Source: P.A. 89-181, eff. 7-19-95; revised 12-21-20.)
| ||||||
3 | (105 ILCS 5/10-20.69) | ||||||
4 | Sec. 10-20.69. Policy on sexual harassment. Each school | ||||||
5 | district must create, maintain, and implement an | ||||||
6 | age-appropriate policy on sexual harassment that must be | ||||||
7 | posted on the school district's website and, if applicable, | ||||||
8 | any other area where policies, rules, and standards of conduct | ||||||
9 | are currently posted in each school and must also be included | ||||||
10 | in the school district's student code of conduct handbook.
| ||||||
11 | (Source: P.A. 101-418, eff. 1-1-20.)
| ||||||
12 | (105 ILCS 5/10-20.70)
| ||||||
13 | Sec. 10-20.70 10-20.69 . Class size reporting. No later | ||||||
14 | than November 16, 2020, and annually thereafter, each school | ||||||
15 | district must report to the State Board of Education | ||||||
16 | information on the school district described under subsection | ||||||
17 | (b) of Section 2-3.136a and must make that information | ||||||
18 | available on its website.
| ||||||
19 | (Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
| ||||||
20 | (105 ILCS 5/10-20.71)
| ||||||
21 | Sec. 10-20.71 10-20.69 . Sexual abuse investigations at | ||||||
22 | schools. Every 2 years, each school district must review all | ||||||
23 | existing policies and procedures concerning sexual abuse |
| |||||||
| |||||||
1 | investigations at schools to ensure consistency with Section | ||||||
2 | 22-85.
| ||||||
3 | (Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
| ||||||
4 | (105 ILCS 5/10-20.72)
| ||||||
5 | Sec. 10-20.72 10-20.69 . Door security locking means. | ||||||
6 | (a) In this Section, "door security locking means" means a | ||||||
7 | door locking means intended for use by a trained school | ||||||
8 | district employee in a school building for the purpose of | ||||||
9 | preventing ingress through a door of the building. | ||||||
10 | (b) A school district may install a door security locking | ||||||
11 | means on a door of a school building to prevent unwanted entry | ||||||
12 | through the door if all of the following requirements are met: | ||||||
13 | (1) The door security locking means can be engaged | ||||||
14 | without opening the door. | ||||||
15 | (2) The unlocking and unlatching of the door security | ||||||
16 | locking means from the occupied side of the door can be | ||||||
17 | accomplished without the use of a key or tool. | ||||||
18 | (3) The door security locking means complies with all | ||||||
19 | applicable State and federal accessibility requirements. | ||||||
20 | (4) Locks, if remotely engaged, can be unlocked from | ||||||
21 | the occupied side. | ||||||
22 | (5) The door security locking means is capable of | ||||||
23 | being disengaged from the outside by school district | ||||||
24 | employees, and school district employees may use a key or | ||||||
25 | other credentials to unlock the door from the outside. |
| |||||||
| |||||||
1 | (6) The door security locking means does not modify | ||||||
2 | the door-closing hardware, panic hardware, or fire exit | ||||||
3 | hardware. | ||||||
4 | (7) Any bolts, stops, brackets, or pins employed by | ||||||
5 | the door security locking means do not affect the fire | ||||||
6 | rating of a fire door assembly. | ||||||
7 | (8) School district employees are trained in the | ||||||
8 | engagement and release of the door security locking means, | ||||||
9 | from within and outside the room, as part of the emergency | ||||||
10 | response plan. | ||||||
11 | (9) For doors installed before July 1, 2019 only, the | ||||||
12 | unlocking and unlatching of a door security locking means | ||||||
13 | requires no more than 2 releasing operations. For doors | ||||||
14 | installed on or after July 1, 2019, the unlocking and | ||||||
15 | unlatching of a door security locking means requires no | ||||||
16 | more than one releasing operation. If doors installed | ||||||
17 | before July 1, 2019 are replaced on or after July 1, 2019, | ||||||
18 | the unlocking and unlatching of a door security locking | ||||||
19 | means on the replacement door requires no more than one | ||||||
20 | releasing operation. | ||||||
21 | (10) The door security locking means is no more than | ||||||
22 | 48 inches above the finished floor. | ||||||
23 | (11) The door security locking means otherwise | ||||||
24 | complies with the school building code prepared by the | ||||||
25 | State Board of Education under Section 2-3.12. | ||||||
26 | A school district may install a door security locking |
| |||||||
| |||||||
1 | means that does not comply with paragraph (3) or (10) of this | ||||||
2 | subsection if (i) the school district meets all other | ||||||
3 | requirements under this subsection and (ii) prior to its | ||||||
4 | installation, local law enforcement officials, the local fire | ||||||
5 | department, and the school board agree, in writing, to the | ||||||
6 | installation and use of the door security locking means. The | ||||||
7 | school district must keep the agreement on file and must, upon | ||||||
8 | request, provide the agreement to its regional office of | ||||||
9 | education. The agreement must be included in the school | ||||||
10 | district's filed school safety plan under the School Safety | ||||||
11 | Drill Act. | ||||||
12 | (c) A school district must include the location of any | ||||||
13 | door security locking means and must address the use of the | ||||||
14 | locking and unlocking means from within and outside the room | ||||||
15 | in its filed school safety plan under the School Safety Drill | ||||||
16 | Act. Local law enforcement officials and the local fire | ||||||
17 | department must be notified of the location of any door | ||||||
18 | security locking means and how to disengage it. Any specific | ||||||
19 | tool needed to disengage the door security locking means from | ||||||
20 | the outside of the room must, upon request, be made available | ||||||
21 | to local law enforcement officials and the local fire | ||||||
22 | department. | ||||||
23 | (d) A door security locking means may be used only (i) by a | ||||||
24 | school district employee trained under subsection (e), (ii) | ||||||
25 | during an emergency that threatens the health and safety of | ||||||
26 | students and employees or during an active shooter drill, and |
| |||||||
| |||||||
1 | (iii) when local law enforcement officials and the local fire | ||||||
2 | department have been notified of its installation prior to its | ||||||
3 | use. The door security locking means must be engaged for a | ||||||
4 | finite period of time in accordance with the school district's | ||||||
5 | school safety plan adopted under the School Safety Drill Act. | ||||||
6 | (e) A school district that has installed a door security | ||||||
7 | locking means shall conduct an in-service training program for | ||||||
8 | school district employees on the proper use of the door | ||||||
9 | security locking means. The school district shall keep a file | ||||||
10 | verifying the employees who have completed the program and | ||||||
11 | must, upon request, provide the file to its regional office of | ||||||
12 | education and the local fire department and local law | ||||||
13 | enforcement agency. | ||||||
14 | (f) A door security locking means that requires 2 | ||||||
15 | releasing operations must be discontinued from use when the | ||||||
16 | door is replaced or is a part of new construction. Replacement | ||||||
17 | and new construction door hardware must include mortise locks, | ||||||
18 | compliant with the applicable building code, and must be | ||||||
19 | lockable from the occupied side without opening the door. | ||||||
20 | However, mortise locks are not required if panic hardware or | ||||||
21 | fire exit hardware is required.
| ||||||
22 | (Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
| ||||||
23 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| ||||||
24 | Sec. 14-8.02. Identification, evaluation, and placement of | ||||||
25 | children.
|
| |||||||
| |||||||
1 | (a) The State Board of Education shall make rules under | ||||||
2 | which local school
boards shall determine the eligibility of | ||||||
3 | children to receive special
education. Such rules shall ensure | ||||||
4 | that a free appropriate public
education be available to all | ||||||
5 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
6 | State Board of Education shall require local school
districts | ||||||
7 | to administer non-discriminatory procedures or tests to
| ||||||
8 | English learners coming from homes in which a language
other | ||||||
9 | than English is used to determine their eligibility to receive | ||||||
10 | special
education. The placement of low English proficiency | ||||||
11 | students in special
education programs and facilities shall be | ||||||
12 | made in accordance with the test
results reflecting the | ||||||
13 | student's linguistic, cultural and special education
needs. | ||||||
14 | For purposes of determining the eligibility of children the | ||||||
15 | State
Board of Education shall include in the rules | ||||||
16 | definitions of "case study",
"staff conference", | ||||||
17 | "individualized educational program", and "qualified
| ||||||
18 | specialist" appropriate to each category of children with
| ||||||
19 | disabilities as defined in
this Article. For purposes of | ||||||
20 | determining the eligibility of children from
homes in which a | ||||||
21 | language other than English is used, the State Board of
| ||||||
22 | Education shall include in the rules
definitions for | ||||||
23 | "qualified bilingual specialists" and "linguistically and
| ||||||
24 | culturally appropriate individualized educational programs". | ||||||
25 | For purposes of this
Section, as well as Sections 14-8.02a, | ||||||
26 | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent |
| |||||||
| |||||||
1 | as defined in the federal Individuals with Disabilities | ||||||
2 | Education Act (20 U.S.C. 1401(23)).
| ||||||
3 | (b) No child shall be eligible for special education | ||||||
4 | facilities except
with a carefully completed case study fully | ||||||
5 | reviewed by professional
personnel in a multidisciplinary | ||||||
6 | staff conference and only upon the
recommendation of qualified | ||||||
7 | specialists or a qualified bilingual specialist, if
available. | ||||||
8 | At the conclusion of the multidisciplinary staff conference, | ||||||
9 | the
parent of the child shall be given a copy of the | ||||||
10 | multidisciplinary
conference summary report and | ||||||
11 | recommendations, which includes options
considered, and be | ||||||
12 | informed of his or her their right to obtain an independent | ||||||
13 | educational
evaluation if he or she disagrees they disagree | ||||||
14 | with the evaluation findings conducted or obtained
by the | ||||||
15 | school district. If the school district's evaluation is shown | ||||||
16 | to be
inappropriate, the school district shall reimburse the | ||||||
17 | parent for the cost of
the independent evaluation. The State | ||||||
18 | Board of Education shall, with advice
from the State Advisory | ||||||
19 | Council on Education of Children with
Disabilities on the
| ||||||
20 | inclusion of specific independent educational evaluators, | ||||||
21 | prepare a list of
suggested independent educational | ||||||
22 | evaluators. The State Board of Education
shall include on the | ||||||
23 | list clinical psychologists licensed pursuant to the
Clinical | ||||||
24 | Psychologist Licensing Act. Such psychologists shall not be | ||||||
25 | paid fees
in excess of the amount that would be received by a | ||||||
26 | school psychologist for
performing the same services. The |
| |||||||
| |||||||
1 | State Board of Education shall supply school
districts with | ||||||
2 | such list and make the list available to parents at their
| ||||||
3 | request. School districts shall make the list available to | ||||||
4 | parents at the time
they are informed of their right to obtain | ||||||
5 | an independent educational
evaluation. However, the school | ||||||
6 | district may initiate an impartial
due process hearing under | ||||||
7 | this Section within 5 days of any written parent
request for an | ||||||
8 | independent educational evaluation to show that
its evaluation | ||||||
9 | is appropriate. If the final decision is that the evaluation
| ||||||
10 | is appropriate, the parent still has a right to an independent | ||||||
11 | educational
evaluation, but not at public expense. An | ||||||
12 | independent educational
evaluation at public expense must be | ||||||
13 | completed within 30 days of a parent
written request unless | ||||||
14 | the school district initiates an
impartial due process hearing | ||||||
15 | or the parent or school district
offers reasonable grounds to | ||||||
16 | show that such 30-day 30 day time period should be
extended. If | ||||||
17 | the due process hearing decision indicates that the parent is | ||||||
18 | entitled to an independent educational evaluation, it must be
| ||||||
19 | completed within 30 days of the decision unless the parent or
| ||||||
20 | the school district offers reasonable grounds to show that | ||||||
21 | such 30-day 30 day
period should be extended. If a parent | ||||||
22 | disagrees with the summary report or
recommendations of the | ||||||
23 | multidisciplinary conference or the findings of any
| ||||||
24 | educational evaluation which results therefrom, the school
| ||||||
25 | district shall not proceed with a placement based upon such | ||||||
26 | evaluation and
the child shall remain in his or her regular |
| |||||||
| |||||||
1 | classroom setting.
No child shall be eligible for admission to | ||||||
2 | a
special class for children with a mental disability who are | ||||||
3 | educable or for children with a mental disability who are | ||||||
4 | trainable except with a psychological evaluation
and
| ||||||
5 | recommendation by a school psychologist. Consent shall be | ||||||
6 | obtained from
the parent of a child before any evaluation is | ||||||
7 | conducted.
If consent is not given by the parent or if the | ||||||
8 | parent disagrees with the findings of the evaluation, then the | ||||||
9 | school
district may initiate an impartial due process hearing | ||||||
10 | under this Section.
The school district may evaluate the child | ||||||
11 | if that is the decision
resulting from the impartial due | ||||||
12 | process hearing and the decision is not
appealed or if the | ||||||
13 | decision is affirmed on appeal.
The determination of | ||||||
14 | eligibility shall be made and the IEP meeting shall be | ||||||
15 | completed within 60 school days
from the date of written | ||||||
16 | parental consent. In those instances when written parental | ||||||
17 | consent is obtained with fewer than 60 pupil attendance days | ||||||
18 | left in the school year,
the eligibility determination shall | ||||||
19 | be made and the IEP meeting shall be completed prior to the | ||||||
20 | first day of the
following school year. Special education and | ||||||
21 | related services must be provided in accordance with the | ||||||
22 | student's IEP no later than 10 school attendance days after | ||||||
23 | notice is provided to the parents pursuant to Section 300.503 | ||||||
24 | of Title 34 of the Code of Federal Regulations and | ||||||
25 | implementing rules adopted by the State Board of Education. | ||||||
26 | The appropriate
program pursuant to the individualized |
| |||||||
| |||||||
1 | educational program of students
whose native tongue is a | ||||||
2 | language other than English shall reflect the
special | ||||||
3 | education, cultural and linguistic needs. No later than | ||||||
4 | September
1, 1993, the State Board of Education shall | ||||||
5 | establish standards for the
development, implementation and | ||||||
6 | monitoring of appropriate bilingual special
individualized | ||||||
7 | educational programs. The State Board of Education shall
| ||||||
8 | further incorporate appropriate monitoring procedures to | ||||||
9 | verify implementation
of these standards. The district shall | ||||||
10 | indicate to the parent and
the State Board of Education the | ||||||
11 | nature of the services the child will receive
for the regular | ||||||
12 | school term while waiting placement in the appropriate special
| ||||||
13 | education class. At the child's initial IEP meeting and at | ||||||
14 | each annual review meeting, the child's IEP team shall provide | ||||||
15 | the child's parent or guardian with a written notification | ||||||
16 | that informs the parent or guardian that the IEP team is | ||||||
17 | required to consider whether the child requires assistive | ||||||
18 | technology in order to receive free, appropriate public | ||||||
19 | education. The notification must also include a toll-free | ||||||
20 | telephone number and internet address for the State's | ||||||
21 | assistive technology program.
| ||||||
22 | If the child is deaf, hard of hearing, blind, or visually | ||||||
23 | impaired and
he or she might be eligible to receive services | ||||||
24 | from the Illinois School for
the Deaf or the Illinois School | ||||||
25 | for the Visually Impaired, the school
district shall notify | ||||||
26 | the parents, in writing, of the existence of
these schools
and |
| |||||||
| |||||||
1 | the services
they provide and shall make a reasonable effort | ||||||
2 | to inform the parents of the existence of other, local schools | ||||||
3 | that provide similar services and the services that these | ||||||
4 | other schools provide. This notification
shall
include without | ||||||
5 | limitation information on school services, school
admissions | ||||||
6 | criteria, and school contact information.
| ||||||
7 | In the development of the individualized education program | ||||||
8 | for a student who has a disability on the autism spectrum | ||||||
9 | (which includes autistic disorder, Asperger's disorder, | ||||||
10 | pervasive developmental disorder not otherwise specified, | ||||||
11 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
12 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
13 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
14 | consider all of the following factors: | ||||||
15 | (1) The verbal and nonverbal communication needs of | ||||||
16 | the child. | ||||||
17 | (2) The need to develop social interaction skills and | ||||||
18 | proficiencies. | ||||||
19 | (3) The needs resulting from the child's unusual | ||||||
20 | responses to sensory experiences. | ||||||
21 | (4) The needs resulting from resistance to | ||||||
22 | environmental change or change in daily routines. | ||||||
23 | (5) The needs resulting from engagement in repetitive | ||||||
24 | activities and stereotyped movements. | ||||||
25 | (6) The need for any positive behavioral | ||||||
26 | interventions, strategies, and supports to address any |
| |||||||
| |||||||
1 | behavioral difficulties resulting from autism spectrum | ||||||
2 | disorder. | ||||||
3 | (7) Other needs resulting from the child's disability | ||||||
4 | that impact progress in the general curriculum, including | ||||||
5 | social and emotional development. | ||||||
6 | Public Act 95-257
does not create any new entitlement to a | ||||||
7 | service, program, or benefit, but must not affect any | ||||||
8 | entitlement to a service, program, or benefit created by any | ||||||
9 | other law.
| ||||||
10 | If the student may be eligible to participate in the | ||||||
11 | Home-Based Support
Services Program for Adults with Mental | ||||||
12 | Disabilities authorized under the
Developmental Disability and | ||||||
13 | Mental Disability Services Act upon becoming an
adult, the | ||||||
14 | student's individualized education program shall include plans | ||||||
15 | for
(i) determining the student's eligibility for those | ||||||
16 | home-based services, (ii)
enrolling the student in the program | ||||||
17 | of home-based services, and (iii)
developing a plan for the | ||||||
18 | student's most effective use of the home-based
services after | ||||||
19 | the student becomes an adult and no longer receives special
| ||||||
20 | educational services under this Article. The plans developed | ||||||
21 | under this
paragraph shall include specific actions to be | ||||||
22 | taken by specified individuals,
agencies, or officials.
| ||||||
23 | (c) In the development of the individualized education | ||||||
24 | program for a
student who is functionally blind, it shall be | ||||||
25 | presumed that proficiency in
Braille reading and writing is | ||||||
26 | essential for the student's satisfactory
educational progress. |
| |||||||
| |||||||
1 | For purposes of this subsection, the State Board of
Education | ||||||
2 | shall determine the criteria for a student to be classified as
| ||||||
3 | functionally blind. Students who are not currently identified | ||||||
4 | as
functionally blind who are also entitled to Braille | ||||||
5 | instruction include:
(i) those whose vision loss is so severe | ||||||
6 | that they are unable to read and
write at a level comparable to | ||||||
7 | their peers solely through the use of
vision, and (ii) those | ||||||
8 | who show evidence of progressive vision loss that
may result | ||||||
9 | in functional blindness. Each student who is functionally | ||||||
10 | blind
shall be entitled to Braille reading and writing | ||||||
11 | instruction that is
sufficient to enable the student to | ||||||
12 | communicate with the same level of
proficiency as other | ||||||
13 | students of comparable ability. Instruction should be
provided | ||||||
14 | to the extent that the student is physically and cognitively | ||||||
15 | able
to use Braille. Braille instruction may be used in | ||||||
16 | combination with other
special education services appropriate | ||||||
17 | to the student's educational needs.
The assessment of each | ||||||
18 | student who is functionally blind for the purpose of
| ||||||
19 | developing the student's individualized education program | ||||||
20 | shall include
documentation of the student's strengths and | ||||||
21 | weaknesses in Braille skills.
Each person assisting in the | ||||||
22 | development of the individualized education
program for a | ||||||
23 | student who is functionally blind shall receive information
| ||||||
24 | describing the benefits of Braille instruction. The | ||||||
25 | individualized
education program for each student who is | ||||||
26 | functionally blind shall
specify the appropriate learning |
| |||||||
| |||||||
1 | medium or media based on the assessment
report.
| ||||||
2 | (d) To the maximum extent appropriate, the placement shall | ||||||
3 | provide the
child with the opportunity to be educated with | ||||||
4 | children who do not have a disability; provided that children | ||||||
5 | with
disabilities who are recommended to be
placed into | ||||||
6 | regular education classrooms are provided with supplementary
| ||||||
7 | services to assist the children with disabilities to benefit
| ||||||
8 | from the regular
classroom instruction and are included on the | ||||||
9 | teacher's regular education class
register. Subject to the | ||||||
10 | limitation of the preceding sentence, placement in
special | ||||||
11 | classes, separate schools or other removal of the child with a | ||||||
12 | disability
from the regular educational environment shall | ||||||
13 | occur only when the nature of
the severity of the disability is | ||||||
14 | such that education in the
regular classes with
the use of | ||||||
15 | supplementary aids and services cannot be achieved | ||||||
16 | satisfactorily.
The placement of English learners with | ||||||
17 | disabilities shall
be in non-restrictive environments which | ||||||
18 | provide for integration with
peers who do not have | ||||||
19 | disabilities in bilingual classrooms. Annually, each January, | ||||||
20 | school districts shall report data on students from | ||||||
21 | non-English
speaking backgrounds receiving special education | ||||||
22 | and related services in
public and private facilities as | ||||||
23 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
24 | between parties involved regarding the special education
| ||||||
25 | placement of any child, either in-state or out-of-state, the | ||||||
26 | placement is
subject to impartial due process procedures |
| |||||||
| |||||||
1 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
2 | the Administration and Operation of Special
Education.
| ||||||
3 | (e) No child who comes from a home in which a language | ||||||
4 | other than English
is the principal language used may be | ||||||
5 | assigned to any class or program
under this Article until he | ||||||
6 | has been given, in the principal language
used by the child and | ||||||
7 | used in his home, tests reasonably related to his
cultural | ||||||
8 | environment. All testing and evaluation materials and | ||||||
9 | procedures
utilized for evaluation and placement shall not be | ||||||
10 | linguistically, racially or
culturally discriminatory.
| ||||||
11 | (f) Nothing in this Article shall be construed to require | ||||||
12 | any child to
undergo any physical examination or medical | ||||||
13 | treatment whose parents object thereto on the grounds that | ||||||
14 | such examination or
treatment conflicts with his religious | ||||||
15 | beliefs.
| ||||||
16 | (g) School boards or their designee shall provide to the | ||||||
17 | parents of a child prior written notice of any decision (a) | ||||||
18 | proposing
to initiate or change, or (b) refusing to initiate | ||||||
19 | or change, the
identification, evaluation, or educational | ||||||
20 | placement of the child or the
provision of a free appropriate | ||||||
21 | public education to their child, and the
reasons therefor. | ||||||
22 | Such written notification shall also inform the
parent of the | ||||||
23 | opportunity to present complaints with respect
to any matter | ||||||
24 | relating to the educational placement of the student, or
the | ||||||
25 | provision of a free appropriate public education and to have | ||||||
26 | an
impartial due process hearing on the complaint. The notice |
| |||||||
| |||||||
1 | shall inform
the parents in the parents' native language,
| ||||||
2 | unless it is clearly not feasible to do so, of their rights and | ||||||
3 | all
procedures available pursuant to this Act and the federal | ||||||
4 | Individuals with Disabilities Education Improvement Act of | ||||||
5 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
6 | the State Superintendent to develop
uniform notices setting | ||||||
7 | forth the procedures available under this Act
and the federal | ||||||
8 | Individuals with Disabilities Education Improvement Act of | ||||||
9 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
10 | notice
shall also inform the parents of the availability upon
| ||||||
11 | request of a list of free or low-cost legal and other relevant | ||||||
12 | services
available locally to assist parents in initiating an
| ||||||
13 | impartial due process hearing. The State Superintendent shall | ||||||
14 | revise the uniform notices required by this subsection (g) to | ||||||
15 | reflect current law and procedures at least once every 2 | ||||||
16 | years. Any parent who is deaf, or
does not normally | ||||||
17 | communicate using spoken English, who participates in
a | ||||||
18 | meeting with a representative of a local educational agency | ||||||
19 | for the
purposes of developing an individualized educational | ||||||
20 | program shall be
entitled to the services of an interpreter. | ||||||
21 | The State Board of Education must adopt rules to establish the | ||||||
22 | criteria, standards, and competencies for a bilingual language | ||||||
23 | interpreter who attends an individualized education program | ||||||
24 | meeting under this subsection to assist a parent who has | ||||||
25 | limited English proficiency.
| ||||||
26 | (g-5) For purposes of this subsection (g-5), "qualified |
| |||||||
| |||||||
1 | professional" means an individual who holds credentials to | ||||||
2 | evaluate the child in the domain or domains for which an | ||||||
3 | evaluation is sought or an intern working under the direct | ||||||
4 | supervision of a qualified professional, including a master's | ||||||
5 | or doctoral degree candidate. | ||||||
6 | To ensure that a parent can participate fully and | ||||||
7 | effectively with school personnel in the development of | ||||||
8 | appropriate educational and related services for his or her | ||||||
9 | child, the parent, an independent educational evaluator, or a | ||||||
10 | qualified professional retained by or on behalf of a parent or | ||||||
11 | child must be afforded reasonable access to educational | ||||||
12 | facilities, personnel, classrooms, and buildings and to the | ||||||
13 | child as provided in this subsection (g-5). The requirements | ||||||
14 | of this subsection (g-5) apply to any public school facility, | ||||||
15 | building, or program and to any facility, building, or program | ||||||
16 | supported in whole or in part by public funds. Prior to | ||||||
17 | visiting a school, school building, or school facility, the | ||||||
18 | parent, independent educational evaluator, or qualified | ||||||
19 | professional may be required by the school district to inform | ||||||
20 | the building principal or supervisor in writing of the | ||||||
21 | proposed visit, the purpose of the visit, and the approximate | ||||||
22 | duration of the visit. The visitor and the school district | ||||||
23 | shall arrange the visit or visits at times that are mutually | ||||||
24 | agreeable. Visitors shall comply with school safety, security, | ||||||
25 | and visitation policies at all times. School district | ||||||
26 | visitation policies must not conflict with this subsection |
| |||||||
| |||||||
1 | (g-5). Visitors shall be required to comply with the | ||||||
2 | requirements of applicable privacy laws, including those laws | ||||||
3 | protecting the confidentiality of education records such as | ||||||
4 | the federal Family Educational Rights and Privacy Act and the | ||||||
5 | Illinois School Student Records Act. The visitor shall not | ||||||
6 | disrupt the educational process. | ||||||
7 | (1) A parent must be afforded reasonable access of | ||||||
8 | sufficient duration and scope for the purpose of observing | ||||||
9 | his or her child in the child's current educational | ||||||
10 | placement, services, or program or for the purpose of | ||||||
11 | visiting an educational placement or program proposed for | ||||||
12 | the child. | ||||||
13 | (2) An independent educational evaluator or a | ||||||
14 | qualified professional retained by or on behalf of a | ||||||
15 | parent or child must be afforded reasonable access of | ||||||
16 | sufficient duration and scope for the purpose of | ||||||
17 | conducting an evaluation of the child, the child's | ||||||
18 | performance, the child's current educational program, | ||||||
19 | placement, services, or environment, or any educational | ||||||
20 | program, placement, services, or environment proposed for | ||||||
21 | the child, including interviews of educational personnel, | ||||||
22 | child observations, assessments, tests or assessments of | ||||||
23 | the child's educational program, services, or placement or | ||||||
24 | of any proposed educational program, services, or | ||||||
25 | placement. If one or more interviews of school personnel | ||||||
26 | are part of the evaluation, the interviews must be |
| |||||||
| |||||||
1 | conducted at a mutually agreed upon time, date, and place | ||||||
2 | that do not interfere with the school employee's school | ||||||
3 | duties. The school district may limit interviews to | ||||||
4 | personnel having information relevant to the child's | ||||||
5 | current educational services, program, or placement or to | ||||||
6 | a proposed educational service, program, or placement. | ||||||
7 | (h) (Blank).
| ||||||
8 | (i) (Blank).
| ||||||
9 | (j) (Blank).
| ||||||
10 | (k) (Blank).
| ||||||
11 | (l) (Blank).
| ||||||
12 | (m) (Blank).
| ||||||
13 | (n) (Blank).
| ||||||
14 | (o) (Blank).
| ||||||
15 | (Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18; | ||||||
16 | 100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
| ||||||
17 | (105 ILCS 5/18-8.15) | ||||||
18 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
19 | for the 2017-2018 and subsequent school years. | ||||||
20 | (a) General provisions. | ||||||
21 | (1) The purpose of this Section is to ensure that, by | ||||||
22 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
23 | through grade 12 public education system with the capacity | ||||||
24 | to ensure the educational development of all persons to | ||||||
25 | the limits of their capacities in accordance with Section |
| |||||||
| |||||||
1 | 1 of Article X of the Constitution of the State of | ||||||
2 | Illinois. To accomplish that objective, this Section | ||||||
3 | creates a method of funding public education that is | ||||||
4 | evidence-based; is sufficient to ensure every student | ||||||
5 | receives a meaningful opportunity to learn irrespective of | ||||||
6 | race, ethnicity, sexual orientation, gender, or | ||||||
7 | community-income level; and is sustainable and | ||||||
8 | predictable. When fully funded under this Section, every | ||||||
9 | school shall have the resources, based on what the | ||||||
10 | evidence indicates is needed, to: | ||||||
11 | (A) provide all students with a high quality | ||||||
12 | education that offers the academic, enrichment, social | ||||||
13 | and emotional support, technical, and career-focused | ||||||
14 | programs that will allow them to become competitive | ||||||
15 | workers, responsible parents, productive citizens of | ||||||
16 | this State, and active members of our national | ||||||
17 | democracy; | ||||||
18 | (B) ensure all students receive the education they | ||||||
19 | need to graduate from high school with the skills | ||||||
20 | required to pursue post-secondary education and | ||||||
21 | training for a rewarding career; | ||||||
22 | (C) reduce, with a goal of eliminating, the | ||||||
23 | achievement gap between at-risk and non-at-risk | ||||||
24 | students by raising the performance of at-risk | ||||||
25 | students and not by reducing standards; and | ||||||
26 | (D) ensure this State satisfies its obligation to |
| |||||||
| |||||||
1 | assume the primary responsibility to fund public | ||||||
2 | education and simultaneously relieve the | ||||||
3 | disproportionate burden placed on local property taxes | ||||||
4 | to fund schools. | ||||||
5 | (2) The Evidence-Based Funding formula under this | ||||||
6 | Section shall be applied to all Organizational Units in | ||||||
7 | this State. The Evidence-Based Funding formula outlined in | ||||||
8 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
9 | of the 100th General Assembly, as passed by both | ||||||
10 | legislative chambers. As further defined and described in | ||||||
11 | this Section, there are 4 major components of the | ||||||
12 | Evidence-Based Funding model: | ||||||
13 | (A) First, the model calculates a unique Adequacy | ||||||
14 | Target for each Organizational Unit in this State that | ||||||
15 | considers the costs to implement research-based | ||||||
16 | activities, the unit's student demographics, and | ||||||
17 | regional wage differences. | ||||||
18 | (B) Second, the model calculates each | ||||||
19 | Organizational Unit's Local Capacity, or the amount | ||||||
20 | each Organizational Unit is assumed to contribute | ||||||
21 | toward its Adequacy Target from local resources. | ||||||
22 | (C) Third, the model calculates how much funding | ||||||
23 | the State currently contributes to the Organizational | ||||||
24 | Unit and adds that to the unit's Local Capacity to | ||||||
25 | determine the unit's overall current adequacy of | ||||||
26 | funding. |
| |||||||
| |||||||
1 | (D) Finally, the model's distribution method | ||||||
2 | allocates new State funding to those Organizational | ||||||
3 | Units that are least well-funded, considering both | ||||||
4 | Local Capacity and State funding, in relation to their | ||||||
5 | Adequacy Target. | ||||||
6 | (3) An Organizational Unit receiving any funding under | ||||||
7 | this Section may apply those funds to any fund so received | ||||||
8 | for which that Organizational Unit is authorized to make | ||||||
9 | expenditures by law. | ||||||
10 | (4) As used in this Section, the following terms shall | ||||||
11 | have the meanings ascribed in this paragraph (4): | ||||||
12 | "Adequacy Target" is defined in paragraph (1) of | ||||||
13 | subsection (b) of this Section. | ||||||
14 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
15 | subsection (d) of this Section. | ||||||
16 | "Adjusted Local Capacity Target" is defined in | ||||||
17 | paragraph (3) of subsection (c) of this Section. | ||||||
18 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
19 | Organizational Units, for which the State Superintendent | ||||||
20 | shall calculate and subtract for the Operating Tax Rate a | ||||||
21 | transportation rate based on total expenses for | ||||||
22 | transportation services under this Code, as reported on | ||||||
23 | the most recent Annual Financial Report in Pupil | ||||||
24 | Transportation Services, function 2550 in both the | ||||||
25 | Education and Transportation funds and functions 4110 and | ||||||
26 | 4120 in the Transportation fund, less any corresponding |
| |||||||
| |||||||
1 | fiscal year State of Illinois scheduled payments excluding | ||||||
2 | net adjustments for prior years for regular, vocational, | ||||||
3 | or special education transportation reimbursement pursuant | ||||||
4 | to Section 29-5 or subsection (b) of Section 14-13.01 of | ||||||
5 | this Code divided by the Adjusted EAV. If an | ||||||
6 | Organizational Unit's corresponding fiscal year State of | ||||||
7 | Illinois scheduled payments excluding net adjustments for | ||||||
8 | prior years for regular, vocational, or special education | ||||||
9 | transportation reimbursement pursuant to Section 29-5 or | ||||||
10 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
11 | total transportation expenses, as defined in this | ||||||
12 | paragraph, no transportation rate shall be subtracted from | ||||||
13 | the Operating Tax Rate. | ||||||
14 | "Allocation Rate" is defined in paragraph (3) of | ||||||
15 | subsection (g) of this Section. | ||||||
16 | "Alternative School" means a public school that is | ||||||
17 | created and operated by a regional superintendent of | ||||||
18 | schools and approved by the State Board. | ||||||
19 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
20 | subsection (d) of this Section. | ||||||
21 | "Assessment" means any of those benchmark, progress | ||||||
22 | monitoring, formative, diagnostic, and other assessments, | ||||||
23 | in addition to the State accountability assessment, that | ||||||
24 | assist teachers' needs in understanding the skills and | ||||||
25 | meeting the needs of the students they serve. | ||||||
26 | "Assistant principal" means a school administrator |
| |||||||
| |||||||
1 | duly endorsed to be employed as an assistant principal in | ||||||
2 | this State. | ||||||
3 | "At-risk student" means a student who is at risk of | ||||||
4 | not meeting the Illinois Learning Standards or not | ||||||
5 | graduating from elementary or high school and who | ||||||
6 | demonstrates a need for vocational support or social | ||||||
7 | services beyond that provided by the regular school | ||||||
8 | program. All students included in an Organizational Unit's | ||||||
9 | Low-Income Count, as well as all English learner and | ||||||
10 | disabled students attending the Organizational Unit, shall | ||||||
11 | be considered at-risk students under this Section. | ||||||
12 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
13 | 2018 means, for an Organizational Unit, the greater of the | ||||||
14 | average number of students (grades K through 12) reported | ||||||
15 | to the State Board as enrolled in the Organizational Unit | ||||||
16 | on October 1 in the immediately preceding school year, | ||||||
17 | plus the pre-kindergarten students who receive special | ||||||
18 | education services of 2 or more hours a day as reported to | ||||||
19 | the State Board on December 1 in the immediately preceding | ||||||
20 | school year, or the average number of students (grades K | ||||||
21 | through 12) reported to the State Board as enrolled in the | ||||||
22 | Organizational Unit on October 1, plus the | ||||||
23 | pre-kindergarten students who receive special education | ||||||
24 | services of 2 or more hours a day as reported to the State | ||||||
25 | Board on December 1, for each of the immediately preceding | ||||||
26 | 3 school years. For fiscal year 2019 and each subsequent |
| |||||||
| |||||||
1 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
2 | for an Organizational Unit, the greater of the average | ||||||
3 | number of students (grades K through 12) reported to the | ||||||
4 | State Board as enrolled in the Organizational Unit on | ||||||
5 | October 1 and March 1 in the immediately preceding school | ||||||
6 | year, plus the pre-kindergarten students who receive | ||||||
7 | special education services as reported to the State Board | ||||||
8 | on October 1 and March 1 in the immediately preceding | ||||||
9 | school year, or the average number of students (grades K | ||||||
10 | through 12) reported to the State Board as enrolled in the | ||||||
11 | Organizational Unit on October 1 and March 1, plus the | ||||||
12 | pre-kindergarten students who receive special education | ||||||
13 | services as reported to the State Board on October 1 and | ||||||
14 | March 1, for each of the immediately preceding 3 school | ||||||
15 | years. For the purposes of this definition, "enrolled in | ||||||
16 | the Organizational Unit" means the number of students | ||||||
17 | reported to the State Board who are enrolled in schools | ||||||
18 | within the Organizational Unit that the student attends or | ||||||
19 | would attend if not placed or transferred to another | ||||||
20 | school or program to receive needed services. For the | ||||||
21 | purposes of calculating "ASE", all students, grades K | ||||||
22 | through 12, excluding those attending kindergarten for a | ||||||
23 | half day and students attending an alternative education | ||||||
24 | program operated by a regional office of education or | ||||||
25 | intermediate service center, shall be counted as 1.0. All | ||||||
26 | students attending kindergarten for a half day shall be |
| |||||||
| |||||||
1 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
2 | subsequent years, the school district reports to the State | ||||||
3 | Board of Education the intent to implement full-day | ||||||
4 | kindergarten district-wide for all students, then all | ||||||
5 | students attending kindergarten shall be counted as 1.0. | ||||||
6 | Special education pre-kindergarten students shall be | ||||||
7 | counted as 0.5 each. If the State Board does not collect or | ||||||
8 | has not collected both an October 1 and March 1 enrollment | ||||||
9 | count by grade or a December 1 collection of special | ||||||
10 | education pre-kindergarten students as of August 31, 2017 | ||||||
11 | (the effective date of Public Act 100-465), it shall | ||||||
12 | establish such collection for all future years. For any | ||||||
13 | year in which a count by grade level was collected only | ||||||
14 | once, that count shall be used as the single count | ||||||
15 | available for computing a 3-year average ASE. Funding for | ||||||
16 | programs operated by a regional office of education or an | ||||||
17 | intermediate service center must be calculated using the | ||||||
18 | Evidence-Based Funding formula under this Section for the | ||||||
19 | 2019-2020 school year and each subsequent school year | ||||||
20 | until separate adequacy formulas are developed and adopted | ||||||
21 | for each type of program. ASE for a program operated by a | ||||||
22 | regional office of education or an intermediate service | ||||||
23 | center must be determined by the March 1 enrollment for | ||||||
24 | the program. For the 2019-2020 school year, the ASE used | ||||||
25 | in the calculation must be the first-year ASE and, in that | ||||||
26 | year only, the assignment of students served by a regional |
| |||||||
| |||||||
1 | office of education or intermediate service center shall | ||||||
2 | not result in a reduction of the March enrollment for any | ||||||
3 | school district. For the 2020-2021 school year, the ASE | ||||||
4 | must be the greater of the current-year ASE or the 2-year | ||||||
5 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
6 | ASE must be the greater of the current-year ASE or the | ||||||
7 | 3-year average ASE. School districts shall submit the data | ||||||
8 | for the ASE calculation to the State Board within 45 days | ||||||
9 | of the dates required in this Section for submission of | ||||||
10 | enrollment data in order for it to be included in the ASE | ||||||
11 | calculation. For fiscal year 2018 only, the ASE | ||||||
12 | calculation shall include only enrollment taken on October | ||||||
13 | 1. | ||||||
14 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
15 | of subsection (g) of this Section. | ||||||
16 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
17 | this Section. | ||||||
18 | "Base Tax Year" means the property tax levy year used | ||||||
19 | to calculate the Budget Year allocation of primary State | ||||||
20 | aid. | ||||||
21 | "Base Tax Year's Extension" means the product of the | ||||||
22 | equalized assessed valuation utilized by the county clerk | ||||||
23 | in the Base Tax Year multiplied by the limiting rate as | ||||||
24 | calculated by the county clerk and defined in PTELL. | ||||||
25 | "Bilingual Education Allocation" means the amount of | ||||||
26 | an Organizational Unit's final Adequacy Target |
| |||||||
| |||||||
1 | attributable to bilingual education divided by the | ||||||
2 | Organizational Unit's final Adequacy Target, the product | ||||||
3 | of which shall be multiplied by the amount of new funding | ||||||
4 | received pursuant to this Section. An Organizational | ||||||
5 | Unit's final Adequacy Target attributable to bilingual | ||||||
6 | education shall include all additional investments in | ||||||
7 | English learner students' adequacy elements. | ||||||
8 | "Budget Year" means the school year for which primary | ||||||
9 | State aid is calculated and awarded under this Section. | ||||||
10 | "Central office" means individual administrators and | ||||||
11 | support service personnel charged with managing the | ||||||
12 | instructional programs, business and operations, and | ||||||
13 | security of the Organizational Unit. | ||||||
14 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
15 | differentiation metric that measures systemic, regional | ||||||
16 | variations in the salaries of college graduates who are | ||||||
17 | not educators. The CWI utilized for this Section shall, | ||||||
18 | for the first 3 years of Evidence-Based Funding | ||||||
19 | implementation, be the CWI initially developed by the | ||||||
20 | National Center for Education Statistics, as most recently | ||||||
21 | updated by Texas A & M University. In the fourth and | ||||||
22 | subsequent years of Evidence-Based Funding implementation, | ||||||
23 | the State Superintendent shall re-determine the CWI using | ||||||
24 | a similar methodology to that identified in the Texas A & M | ||||||
25 | University study, with adjustments made no less frequently | ||||||
26 | than once every 5 years. |
| |||||||
| |||||||
1 | "Computer technology and equipment" means computers | ||||||
2 | servers, notebooks, network equipment, copiers, printers, | ||||||
3 | instructional software, security software, curriculum | ||||||
4 | management courseware, and other similar materials and | ||||||
5 | equipment. | ||||||
6 | "Computer technology and equipment investment | ||||||
7 | allocation" means the final Adequacy Target amount of an | ||||||
8 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
9 | prior school year attributable to the additional $285.50 | ||||||
10 | per student computer technology and equipment investment | ||||||
11 | grant divided by the Organizational Unit's final Adequacy | ||||||
12 | Target, the result of which shall be multiplied by the | ||||||
13 | amount of new funding received pursuant to this Section. | ||||||
14 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
15 | Adequacy Target attributable to the received computer | ||||||
16 | technology and equipment investment grant shall include | ||||||
17 | all additional investments in computer technology and | ||||||
18 | equipment adequacy elements. | ||||||
19 | "Core subject" means mathematics; science; reading, | ||||||
20 | English, writing, and language arts; history and social | ||||||
21 | studies; world languages; and subjects taught as Advanced | ||||||
22 | Placement in high schools. | ||||||
23 | "Core teacher" means a regular classroom teacher in | ||||||
24 | elementary schools and teachers of a core subject in | ||||||
25 | middle and high schools. | ||||||
26 | "Core Intervention teacher (tutor)" means a licensed |
| |||||||
| |||||||
1 | teacher providing one-on-one or small group tutoring to | ||||||
2 | students struggling to meet proficiency in core subjects. | ||||||
3 | "CPPRT" means corporate personal property replacement | ||||||
4 | tax funds paid to an Organizational Unit during the | ||||||
5 | calendar year one year before the calendar year in which a | ||||||
6 | school year begins, pursuant to "An Act in relation to the | ||||||
7 | abolition of ad valorem personal property tax and the | ||||||
8 | replacement of revenues lost thereby, and amending and | ||||||
9 | repealing certain Acts and parts of Acts in connection | ||||||
10 | therewith", certified August 14, 1979, as amended (Public | ||||||
11 | Act 81-1st S.S.-1). | ||||||
12 | "EAV" means equalized assessed valuation as defined in | ||||||
13 | paragraph (2) of subsection (d) of this Section and | ||||||
14 | calculated in accordance with paragraph (3) of subsection | ||||||
15 | (d) of this Section. | ||||||
16 | "ECI" means the Bureau of Labor Statistics' national | ||||||
17 | employment cost index for civilian workers in educational | ||||||
18 | services in elementary and secondary schools on a | ||||||
19 | cumulative basis for the 12-month calendar year preceding | ||||||
20 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
21 | "EIS Data" means the employment information system | ||||||
22 | data maintained by the State Board on educators within | ||||||
23 | Organizational Units. | ||||||
24 | "Employee benefits" means health, dental, and vision | ||||||
25 | insurance offered to employees of an Organizational Unit, | ||||||
26 | the costs associated with the statutorily required payment |
| |||||||
| |||||||
1 | of the normal cost of the Organizational Unit's teacher | ||||||
2 | pensions, Social Security employer contributions, and | ||||||
3 | Illinois Municipal Retirement Fund employer contributions. | ||||||
4 | "English learner" or "EL" means a child included in | ||||||
5 | the definition of "English learners" under Section 14C-2 | ||||||
6 | of this Code participating in a program of transitional | ||||||
7 | bilingual education or a transitional program of | ||||||
8 | instruction meeting the requirements and program | ||||||
9 | application procedures of Article 14C of this Code. For | ||||||
10 | the purposes of collecting the number of EL students | ||||||
11 | enrolled, the same collection and calculation methodology | ||||||
12 | as defined above for "ASE" shall apply to English | ||||||
13 | learners, with the exception that EL student enrollment | ||||||
14 | shall include students in grades pre-kindergarten through | ||||||
15 | 12. | ||||||
16 | "Essential Elements" means those elements, resources, | ||||||
17 | and educational programs that have been identified through | ||||||
18 | academic research as necessary to improve student success, | ||||||
19 | improve academic performance, close achievement gaps, and | ||||||
20 | provide for other per student costs related to the | ||||||
21 | delivery and leadership of the Organizational Unit, as | ||||||
22 | well as the maintenance and operations of the unit, and | ||||||
23 | which are specified in paragraph (2) of subsection (b) of | ||||||
24 | this Section. | ||||||
25 | "Evidence-Based Funding" means State funding provided | ||||||
26 | to an Organizational Unit pursuant to this Section. |
| |||||||
| |||||||
1 | "Extended day" means academic and enrichment programs | ||||||
2 | provided to students outside the regular school day before | ||||||
3 | and after school or during non-instructional times during | ||||||
4 | the school day. | ||||||
5 | "Extension Limitation Ratio" means a numerical ratio | ||||||
6 | in which the numerator is the Base Tax Year's Extension | ||||||
7 | and the denominator is the Preceding Tax Year's Extension. | ||||||
8 | "Final Percent of Adequacy" is defined in paragraph | ||||||
9 | (4) of subsection (f) of this Section. | ||||||
10 | "Final Resources" is defined in paragraph (3) of | ||||||
11 | subsection (f) of this Section. | ||||||
12 | "Full-time equivalent" or "FTE" means the full-time | ||||||
13 | equivalency compensation for staffing the relevant | ||||||
14 | position at an Organizational Unit. | ||||||
15 | "Funding Gap" is defined in paragraph (1) of | ||||||
16 | subsection (g). | ||||||
17 | "Guidance counselor" means a licensed guidance | ||||||
18 | counselor who provides guidance and counseling support for | ||||||
19 | students within an Organizational Unit. | ||||||
20 | "Hybrid District" means a partial elementary unit | ||||||
21 | district created pursuant to Article 11E of this Code. | ||||||
22 | "Instructional assistant" means a core or special | ||||||
23 | education, non-licensed employee who assists a teacher in | ||||||
24 | the classroom and provides academic support to students. | ||||||
25 | "Instructional facilitator" means a qualified teacher | ||||||
26 | or licensed teacher leader who facilitates and coaches |
| |||||||
| |||||||
1 | continuous improvement in classroom instruction; provides | ||||||
2 | instructional support to teachers in the elements of | ||||||
3 | research-based instruction or demonstrates the alignment | ||||||
4 | of instruction with curriculum standards and assessment | ||||||
5 | tools; develops or coordinates instructional programs or | ||||||
6 | strategies; develops and implements training; chooses | ||||||
7 | standards-based instructional materials; provides | ||||||
8 | teachers with an understanding of current research; serves | ||||||
9 | as a mentor, site coach, curriculum specialist, or lead | ||||||
10 | teacher; or otherwise works with fellow teachers, in | ||||||
11 | collaboration, to use data to improve instructional | ||||||
12 | practice or develop model lessons. | ||||||
13 | "Instructional materials" means relevant | ||||||
14 | instructional materials for student instruction, | ||||||
15 | including, but not limited to, textbooks, consumable | ||||||
16 | workbooks, laboratory equipment, library books, and other | ||||||
17 | similar materials. | ||||||
18 | "Laboratory School" means a public school that is | ||||||
19 | created and operated by a public university and approved | ||||||
20 | by the State Board. | ||||||
21 | "Librarian" means a teacher with an endorsement as a | ||||||
22 | library information specialist or another individual whose | ||||||
23 | primary responsibility is overseeing library resources | ||||||
24 | within an Organizational Unit. | ||||||
25 | "Limiting rate for Hybrid Districts" means the | ||||||
26 | combined elementary school and high school limiting rates. |
| |||||||
| |||||||
1 | "Local Capacity" is defined in paragraph (1) of | ||||||
2 | subsection (c) of this Section. | ||||||
3 | "Local Capacity Percentage" is defined in subparagraph | ||||||
4 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
5 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
6 | of paragraph (2) of subsection (c) of this Section. | ||||||
7 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
8 | subsection (c) of this Section. | ||||||
9 | "Low-Income Count" means, for an Organizational Unit | ||||||
10 | in a fiscal year, the higher of the average number of | ||||||
11 | students for the prior school year or the immediately | ||||||
12 | preceding 3 school years who, as of July 1 of the | ||||||
13 | immediately preceding fiscal year (as determined by the | ||||||
14 | Department of Human Services), are eligible for at least | ||||||
15 | one of the following low-income programs: Medicaid, the | ||||||
16 | Children's Health Insurance Program, Temporary Assistance | ||||||
17 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
18 | Assistance Program, excluding pupils who are eligible for | ||||||
19 | services provided by the Department of Children and Family | ||||||
20 | Services. Until such time that grade level low-income | ||||||
21 | populations become available, grade level low-income | ||||||
22 | populations shall be determined by applying the low-income | ||||||
23 | percentage to total student enrollments by grade level. | ||||||
24 | The low-income percentage is determined by dividing the | ||||||
25 | Low-Income Count by the Average Student Enrollment. The | ||||||
26 | low-income percentage for programs operated by a regional |
| |||||||
| |||||||
1 | office of education or an intermediate service center must | ||||||
2 | be set to the weighted average of the low-income | ||||||
3 | percentages of all of the school districts in the service | ||||||
4 | region. The weighted low-income percentage is the result | ||||||
5 | of multiplying the low-income percentage of each school | ||||||
6 | district served by the regional office of education or | ||||||
7 | intermediate service center by each school district's | ||||||
8 | Average Student Enrollment, summarizing those products and | ||||||
9 | dividing the total by the total Average Student Enrollment | ||||||
10 | for the service region. | ||||||
11 | "Maintenance and operations" means custodial services, | ||||||
12 | facility and ground maintenance, facility operations, | ||||||
13 | facility security, routine facility repairs, and other | ||||||
14 | similar services and functions. | ||||||
15 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
16 | subsection (g) of this Section. | ||||||
17 | "New Property Tax Relief Pool Funds" means, for any | ||||||
18 | given fiscal year, all State funds appropriated under | ||||||
19 | Section 2-3.170 of this the School Code. | ||||||
20 | "New State Funds" means, for a given school year, all | ||||||
21 | State funds appropriated for Evidence-Based Funding in | ||||||
22 | excess of the amount needed to fund the Base Funding | ||||||
23 | Minimum for all Organizational Units in that school year. | ||||||
24 | "Net State Contribution Target" means, for a given | ||||||
25 | school year, the amount of State funds that would be | ||||||
26 | necessary to fully meet the Adequacy Target of an |
| |||||||
| |||||||
1 | Operational Unit minus the Preliminary Resources available | ||||||
2 | to each unit. | ||||||
3 | "Nurse" means an individual licensed as a certified | ||||||
4 | school nurse, in accordance with the rules established for | ||||||
5 | nursing services by the State Board, who is an employee of | ||||||
6 | and is available to provide health care-related services | ||||||
7 | for students of an Organizational Unit. | ||||||
8 | "Operating Tax Rate" means the rate utilized in the | ||||||
9 | previous year to extend property taxes for all purposes, | ||||||
10 | except Bond and Interest, Summer School, Rent, Capital | ||||||
11 | Improvement, and Vocational Education Building purposes. | ||||||
12 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
13 | combined elementary and high school rates utilized in the | ||||||
14 | previous year to extend property taxes for all purposes, | ||||||
15 | except Bond and Interest, Summer School, Rent, Capital | ||||||
16 | Improvement, and Vocational Education Building purposes. | ||||||
17 | "Organizational Unit" means a Laboratory School or any | ||||||
18 | public school district that is recognized as such by the | ||||||
19 | State Board and that contains elementary schools typically | ||||||
20 | serving kindergarten through 5th grades, middle schools | ||||||
21 | typically serving 6th through 8th grades, high schools | ||||||
22 | typically serving 9th through 12th grades, a program | ||||||
23 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
24 | operated by a regional office of education or an | ||||||
25 | intermediate service center under Article 13A or 13B. The | ||||||
26 | General Assembly acknowledges that the actual grade levels |
| |||||||
| |||||||
1 | served by a particular Organizational Unit may vary | ||||||
2 | slightly from what is typical. | ||||||
3 | "Organizational Unit CWI" is determined by calculating | ||||||
4 | the CWI in the region and original county in which an | ||||||
5 | Organizational Unit's primary administrative office is | ||||||
6 | located as set forth in this paragraph, provided that if | ||||||
7 | the Organizational Unit CWI as calculated in accordance | ||||||
8 | with this paragraph is less than 0.9, the Organizational | ||||||
9 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
10 | CWI value shall be adjusted based on the CWI value of that | ||||||
11 | county's neighboring Illinois counties, to create a | ||||||
12 | "weighted adjusted index value". This shall be calculated | ||||||
13 | by summing the CWI values of all of a county's adjacent | ||||||
14 | Illinois counties and dividing by the number of adjacent | ||||||
15 | Illinois counties, then taking the weighted value of the | ||||||
16 | original county's CWI value and the adjacent Illinois | ||||||
17 | county average. To calculate this weighted value, if the | ||||||
18 | number of adjacent Illinois counties is greater than 2, | ||||||
19 | the original county's CWI value will be weighted at 0.25 | ||||||
20 | and the adjacent Illinois county average will be weighted | ||||||
21 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
22 | the original county's CWI value will be weighted at 0.33 | ||||||
23 | and the adjacent Illinois county average will be weighted | ||||||
24 | at 0.66. The greater of the county's current CWI value and | ||||||
25 | its weighted adjusted index value shall be used as the | ||||||
26 | Organizational Unit CWI. |
| |||||||
| |||||||
1 | "Preceding Tax Year" means the property tax levy year | ||||||
2 | immediately preceding the Base Tax Year. | ||||||
3 | "Preceding Tax Year's Extension" means the product of | ||||||
4 | the equalized assessed valuation utilized by the county | ||||||
5 | clerk in the Preceding Tax Year multiplied by the | ||||||
6 | Operating Tax Rate. | ||||||
7 | "Preliminary Percent of Adequacy" is defined in | ||||||
8 | paragraph (2) of subsection (f) of this Section. | ||||||
9 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
10 | subsection (f) of this Section. | ||||||
11 | "Principal" means a school administrator duly endorsed | ||||||
12 | to be employed as a principal in this State. | ||||||
13 | "Professional development" means training programs for | ||||||
14 | licensed staff in schools, including, but not limited to, | ||||||
15 | programs that assist in implementing new curriculum | ||||||
16 | programs, provide data focused or academic assessment data | ||||||
17 | training to help staff identify a student's weaknesses and | ||||||
18 | strengths, target interventions, improve instruction, | ||||||
19 | encompass instructional strategies for English learner, | ||||||
20 | gifted, or at-risk students, address inclusivity, cultural | ||||||
21 | sensitivity, or implicit bias, or otherwise provide | ||||||
22 | professional support for licensed staff. | ||||||
23 | "Prototypical" means 450 special education | ||||||
24 | pre-kindergarten and kindergarten through grade 5 students | ||||||
25 | for an elementary school, 450 grade 6 through 8 students | ||||||
26 | for a middle school, and 600 grade 9 through 12 students |
| |||||||
| |||||||
1 | for a high school. | ||||||
2 | "PTELL" means the Property Tax Extension Limitation | ||||||
3 | Law. | ||||||
4 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
5 | (d) of this Section. | ||||||
6 | "Pupil support staff" means a nurse, psychologist, | ||||||
7 | social worker, family liaison personnel, or other staff | ||||||
8 | member who provides support to at-risk or struggling | ||||||
9 | students. | ||||||
10 | "Real Receipts" is defined in paragraph (1) of | ||||||
11 | subsection (d) of this Section. | ||||||
12 | "Regionalization Factor" means, for a particular | ||||||
13 | Organizational Unit, the figure derived by dividing the | ||||||
14 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
15 | "School site staff" means the primary school secretary | ||||||
16 | and any additional clerical personnel assigned to a | ||||||
17 | school. | ||||||
18 | "Special education" means special educational | ||||||
19 | facilities and services, as defined in Section 14-1.08 of | ||||||
20 | this Code. | ||||||
21 | "Special Education Allocation" means the amount of an | ||||||
22 | Organizational Unit's final Adequacy Target attributable | ||||||
23 | to special education divided by the Organizational Unit's | ||||||
24 | final Adequacy Target, the product of which shall be | ||||||
25 | multiplied by the amount of new funding received pursuant | ||||||
26 | to this Section. An Organizational Unit's final Adequacy |
| |||||||
| |||||||
1 | Target attributable to special education shall include all | ||||||
2 | special education investment adequacy elements. | ||||||
3 | "Specialist teacher" means a teacher who provides | ||||||
4 | instruction in subject areas not included in core | ||||||
5 | subjects, including, but not limited to, art, music, | ||||||
6 | physical education, health, driver education, | ||||||
7 | career-technical education, and such other subject areas | ||||||
8 | as may be mandated by State law or provided by an | ||||||
9 | Organizational Unit. | ||||||
10 | "Specially Funded Unit" means an Alternative School, | ||||||
11 | safe school, Department of Juvenile Justice school, | ||||||
12 | special education cooperative or entity recognized by the | ||||||
13 | State Board as a special education cooperative, | ||||||
14 | State-approved charter school, or alternative learning | ||||||
15 | opportunities program that received direct funding from | ||||||
16 | the State Board during the 2016-2017 school year through | ||||||
17 | any of the funding sources included within the calculation | ||||||
18 | of the Base Funding Minimum or Glenwood Academy. | ||||||
19 | "Supplemental Grant Funding" means supplemental | ||||||
20 | general State aid funding received by an Organizational | ||||||
21 | Unit during the 2016-2017 school year pursuant to | ||||||
22 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
23 | repealed). | ||||||
24 | "State Adequacy Level" is the sum of the Adequacy | ||||||
25 | Targets of all Organizational Units. | ||||||
26 | "State Board" means the State Board of Education. |
| |||||||
| |||||||
1 | "State Superintendent" means the State Superintendent | ||||||
2 | of Education. | ||||||
3 | "Statewide Weighted CWI" means a figure determined by | ||||||
4 | multiplying each Organizational Unit CWI times the ASE for | ||||||
5 | that Organizational Unit creating a weighted value, | ||||||
6 | summing all Organizational Units' weighted values, and | ||||||
7 | dividing by the total ASE of all Organizational Units, | ||||||
8 | thereby creating an average weighted index. | ||||||
9 | "Student activities" means non-credit producing | ||||||
10 | after-school programs, including, but not limited to, | ||||||
11 | clubs, bands, sports, and other activities authorized by | ||||||
12 | the school board of the Organizational Unit. | ||||||
13 | "Substitute teacher" means an individual teacher or | ||||||
14 | teaching assistant who is employed by an Organizational | ||||||
15 | Unit and is temporarily serving the Organizational Unit on | ||||||
16 | a per diem or per period-assignment basis to replace | ||||||
17 | another staff member. | ||||||
18 | "Summer school" means academic and enrichment programs | ||||||
19 | provided to students during the summer months outside of | ||||||
20 | the regular school year. | ||||||
21 | "Supervisory aide" means a non-licensed staff member | ||||||
22 | who helps in supervising students of an Organizational | ||||||
23 | Unit, but does so outside of the classroom, in situations | ||||||
24 | such as, but not limited to, monitoring hallways and | ||||||
25 | playgrounds, supervising lunchrooms, or supervising | ||||||
26 | students when being transported in buses serving the |
| |||||||
| |||||||
1 | Organizational Unit. | ||||||
2 | "Target Ratio" is defined in paragraph (4) of | ||||||
3 | subsection (g). | ||||||
4 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
5 | in paragraph (3) of subsection (g). | ||||||
6 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
7 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
8 | Aggregate Funding" are defined in paragraph (1) of | ||||||
9 | subsection (g). | ||||||
10 | (b) Adequacy Target calculation. | ||||||
11 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
12 | sum of the Organizational Unit's cost of providing | ||||||
13 | Essential Elements, as calculated in accordance with this | ||||||
14 | subsection (b), with the salary amounts in the Essential | ||||||
15 | Elements multiplied by a Regionalization Factor calculated | ||||||
16 | pursuant to paragraph (3) of this subsection (b). | ||||||
17 | (2) The Essential Elements are attributable on a pro | ||||||
18 | rata basis related to defined subgroups of the ASE of each | ||||||
19 | Organizational Unit as specified in this paragraph (2), | ||||||
20 | with investments and FTE positions pro rata funded based | ||||||
21 | on ASE counts in excess of or less than the thresholds set | ||||||
22 | forth in this paragraph (2). The method for calculating | ||||||
23 | attributable pro rata costs and the defined subgroups | ||||||
24 | thereto are as follows: | ||||||
25 | (A) Core class size investments. Each | ||||||
26 | Organizational Unit shall receive the funding required |
| |||||||
| |||||||
1 | to support that number of FTE core teacher positions | ||||||
2 | as is needed to keep the respective class sizes of the | ||||||
3 | Organizational Unit to the following maximum numbers: | ||||||
4 | (i) For grades kindergarten through 3, the | ||||||
5 | Organizational Unit shall receive funding required | ||||||
6 | to support one FTE core teacher position for every | ||||||
7 | 15 Low-Income Count students in those grades and | ||||||
8 | one FTE core teacher position for every 20 | ||||||
9 | non-Low-Income Count students in those grades. | ||||||
10 | (ii) For grades 4 through 12, the | ||||||
11 | Organizational Unit shall receive funding required | ||||||
12 | to support one FTE core teacher position for every | ||||||
13 | 20 Low-Income Count students in those grades and | ||||||
14 | one FTE core teacher position for every 25 | ||||||
15 | non-Low-Income Count students in those grades. | ||||||
16 | The number of non-Low-Income Count students in a | ||||||
17 | grade shall be determined by subtracting the | ||||||
18 | Low-Income students in that grade from the ASE of the | ||||||
19 | Organizational Unit for that grade. | ||||||
20 | (B) Specialist teacher investments. Each | ||||||
21 | Organizational Unit shall receive the funding needed | ||||||
22 | to cover that number of FTE specialist teacher | ||||||
23 | positions that correspond to the following | ||||||
24 | percentages: | ||||||
25 | (i) if the Organizational Unit operates an | ||||||
26 | elementary or middle school, then 20.00% of the |
| |||||||
| |||||||
1 | number of the Organizational Unit's core teachers, | ||||||
2 | as determined under subparagraph (A) of this | ||||||
3 | paragraph (2); and | ||||||
4 | (ii) if such Organizational Unit operates a | ||||||
5 | high school, then 33.33% of the number of the | ||||||
6 | Organizational Unit's core teachers. | ||||||
7 | (C) Instructional facilitator investments. Each | ||||||
8 | Organizational Unit shall receive the funding needed | ||||||
9 | to cover one FTE instructional facilitator position | ||||||
10 | for every 200 combined ASE of pre-kindergarten | ||||||
11 | children with disabilities and all kindergarten | ||||||
12 | through grade 12 students of the Organizational Unit. | ||||||
13 | (D) Core intervention teacher (tutor) investments. | ||||||
14 | Each Organizational Unit shall receive the funding | ||||||
15 | needed to cover one FTE teacher position for each | ||||||
16 | prototypical elementary, middle, and high school. | ||||||
17 | (E) Substitute teacher investments. Each | ||||||
18 | Organizational Unit shall receive the funding needed | ||||||
19 | to cover substitute teacher costs that is equal to | ||||||
20 | 5.70% of the minimum pupil attendance days required | ||||||
21 | under Section 10-19 of this Code for all full-time | ||||||
22 | equivalent core, specialist, and intervention | ||||||
23 | teachers, school nurses, special education teachers | ||||||
24 | and instructional assistants, instructional | ||||||
25 | facilitators, and summer school and extended day | ||||||
26 | teacher positions, as determined under this paragraph |
| |||||||
| |||||||
1 | (2), at a salary rate of 33.33% of the average salary | ||||||
2 | for grade K through 12 teachers and 33.33% of the | ||||||
3 | average salary of each instructional assistant | ||||||
4 | position. | ||||||
5 | (F) Core guidance counselor investments. Each | ||||||
6 | Organizational Unit shall receive the funding needed | ||||||
7 | to cover one FTE guidance counselor for each 450 | ||||||
8 | combined ASE of pre-kindergarten children with | ||||||
9 | disabilities and all kindergarten through grade 5 | ||||||
10 | students, plus one FTE guidance counselor for each 250 | ||||||
11 | grades 6 through 8 ASE middle school students, plus | ||||||
12 | one FTE guidance counselor for each 250 grades 9 | ||||||
13 | through 12 ASE high school students. | ||||||
14 | (G) Nurse investments. Each Organizational Unit | ||||||
15 | shall receive the funding needed to cover one FTE | ||||||
16 | nurse for each 750 combined ASE of pre-kindergarten | ||||||
17 | children with disabilities and all kindergarten | ||||||
18 | through grade 12 students across all grade levels it | ||||||
19 | serves. | ||||||
20 | (H) Supervisory aide investments. Each | ||||||
21 | Organizational Unit shall receive the funding needed | ||||||
22 | to cover one FTE for each 225 combined ASE of | ||||||
23 | pre-kindergarten children with disabilities and all | ||||||
24 | kindergarten through grade 5 students, plus one FTE | ||||||
25 | for each 225 ASE middle school students, plus one FTE | ||||||
26 | for each 200 ASE high school students. |
| |||||||
| |||||||
1 | (I) Librarian investments. Each Organizational | ||||||
2 | Unit shall receive the funding needed to cover one FTE | ||||||
3 | librarian for each prototypical elementary school, | ||||||
4 | middle school, and high school and one FTE aide or | ||||||
5 | media technician for every 300 combined ASE of | ||||||
6 | pre-kindergarten children with disabilities and all | ||||||
7 | kindergarten through grade 12 students. | ||||||
8 | (J) Principal investments. Each Organizational | ||||||
9 | Unit shall receive the funding needed to cover one FTE | ||||||
10 | principal position for each prototypical elementary | ||||||
11 | school, plus one FTE principal position for each | ||||||
12 | prototypical middle school, plus one FTE principal | ||||||
13 | position for each prototypical high school. | ||||||
14 | (K) Assistant principal investments. Each | ||||||
15 | Organizational Unit shall receive the funding needed | ||||||
16 | to cover one FTE assistant principal position for each | ||||||
17 | prototypical elementary school, plus one FTE assistant | ||||||
18 | principal position for each prototypical middle | ||||||
19 | school, plus one FTE assistant principal position for | ||||||
20 | each prototypical high school. | ||||||
21 | (L) School site staff investments. Each | ||||||
22 | Organizational Unit shall receive the funding needed | ||||||
23 | for one FTE position for each 225 ASE of | ||||||
24 | pre-kindergarten children with disabilities and all | ||||||
25 | kindergarten through grade 5 students, plus one FTE | ||||||
26 | position for each 225 ASE middle school students, plus |
| |||||||
| |||||||
1 | one FTE position for each 200 ASE high school | ||||||
2 | students. | ||||||
3 | (M) Gifted investments. Each Organizational Unit | ||||||
4 | shall receive $40 per kindergarten through grade 12 | ||||||
5 | ASE. | ||||||
6 | (N) Professional development investments. Each | ||||||
7 | Organizational Unit shall receive $125 per student of | ||||||
8 | the combined ASE of pre-kindergarten children with | ||||||
9 | disabilities and all kindergarten through grade 12 | ||||||
10 | students for trainers and other professional | ||||||
11 | development-related expenses for supplies and | ||||||
12 | materials. | ||||||
13 | (O) Instructional material investments. Each | ||||||
14 | Organizational Unit shall receive $190 per student of | ||||||
15 | the combined ASE of pre-kindergarten children with | ||||||
16 | disabilities and all kindergarten through grade 12 | ||||||
17 | students to cover instructional material costs. | ||||||
18 | (P) Assessment investments. Each Organizational | ||||||
19 | Unit shall receive $25 per student of the combined ASE | ||||||
20 | of pre-kindergarten children with disabilities and all | ||||||
21 | kindergarten through grade 12 students to cover | ||||||
22 | assessment costs. | ||||||
23 | (Q) Computer technology and equipment investments. | ||||||
24 | Each Organizational Unit shall receive $285.50 per | ||||||
25 | student of the combined ASE of pre-kindergarten | ||||||
26 | children with disabilities and all kindergarten |
| |||||||
| |||||||
1 | through grade 12 students to cover computer technology | ||||||
2 | and equipment costs. For the 2018-2019 school year and | ||||||
3 | subsequent school years, Organizational Units assigned | ||||||
4 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
5 | receive an additional $285.50 per student of the | ||||||
6 | combined ASE of pre-kindergarten children with | ||||||
7 | disabilities and all kindergarten through grade 12 | ||||||
8 | students to cover computer technology and equipment | ||||||
9 | costs in the Organizational Unit's Adequacy Target. | ||||||
10 | The State Board may establish additional requirements | ||||||
11 | for Organizational Unit expenditures of funds received | ||||||
12 | pursuant to this subparagraph (Q), including a | ||||||
13 | requirement that funds received pursuant to this | ||||||
14 | subparagraph (Q) may be used only for serving the | ||||||
15 | technology needs of the district. It is the intent of | ||||||
16 | Public Act 100-465 that all Tier 1 and Tier 2 districts | ||||||
17 | receive the addition to their Adequacy Target in the | ||||||
18 | following year, subject to compliance with the | ||||||
19 | requirements of the State Board. | ||||||
20 | (R) Student activities investments. Each | ||||||
21 | Organizational Unit shall receive the following | ||||||
22 | funding amounts to cover student activities: $100 per | ||||||
23 | kindergarten through grade 5 ASE student in elementary | ||||||
24 | school, plus $200 per ASE student in middle school, | ||||||
25 | plus $675 per ASE student in high school. | ||||||
26 | (S) Maintenance and operations investments. Each |
| |||||||
| |||||||
1 | Organizational Unit shall receive $1,038 per student | ||||||
2 | of the combined ASE of pre-kindergarten children with | ||||||
3 | disabilities and all kindergarten through grade 12 | ||||||
4 | students for day-to-day maintenance and operations | ||||||
5 | expenditures, including salary, supplies, and | ||||||
6 | materials, as well as purchased services, but | ||||||
7 | excluding employee benefits. The proportion of salary | ||||||
8 | for the application of a Regionalization Factor and | ||||||
9 | the calculation of benefits is equal to $352.92. | ||||||
10 | (T) Central office investments. Each | ||||||
11 | Organizational Unit shall receive $742 per student of | ||||||
12 | the combined ASE of pre-kindergarten children with | ||||||
13 | disabilities and all kindergarten through grade 12 | ||||||
14 | students to cover central office operations, including | ||||||
15 | administrators and classified personnel charged with | ||||||
16 | managing the instructional programs, business and | ||||||
17 | operations of the school district, and security | ||||||
18 | personnel. The proportion of salary for the | ||||||
19 | application of a Regionalization Factor and the | ||||||
20 | calculation of benefits is equal to $368.48. | ||||||
21 | (U) Employee benefit investments. Each | ||||||
22 | Organizational Unit shall receive 30% of the total of | ||||||
23 | all salary-calculated elements of the Adequacy Target, | ||||||
24 | excluding substitute teachers and student activities | ||||||
25 | investments, to cover benefit costs. For central | ||||||
26 | office and maintenance and operations investments, the |
| |||||||
| |||||||
1 | benefit calculation shall be based upon the salary | ||||||
2 | proportion of each investment. If at any time the | ||||||
3 | responsibility for funding the employer normal cost of | ||||||
4 | teacher pensions is assigned to school districts, then | ||||||
5 | that amount certified by the Teachers' Retirement | ||||||
6 | System of the State of Illinois to be paid by the | ||||||
7 | Organizational Unit for the preceding school year | ||||||
8 | shall be added to the benefit investment. For any | ||||||
9 | fiscal year in which a school district organized under | ||||||
10 | Article 34 of this Code is responsible for paying the | ||||||
11 | employer normal cost of teacher pensions, then that | ||||||
12 | amount of its employer normal cost plus the amount for | ||||||
13 | retiree health insurance as certified by the Public | ||||||
14 | School Teachers' Pension and Retirement Fund of | ||||||
15 | Chicago to be paid by the school district for the | ||||||
16 | preceding school year that is statutorily required to | ||||||
17 | cover employer normal costs and the amount for retiree | ||||||
18 | health insurance shall be added to the 30% specified | ||||||
19 | in this subparagraph (U). The Teachers' Retirement | ||||||
20 | System of the State of Illinois and the Public School | ||||||
21 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
22 | submit such information as the State Superintendent | ||||||
23 | may require for the calculations set forth in this | ||||||
24 | subparagraph (U). | ||||||
25 | (V) Additional investments in low-income students. | ||||||
26 | In addition to and not in lieu of all other funding |
| |||||||
| |||||||
1 | under this paragraph (2), each Organizational Unit | ||||||
2 | shall receive funding based on the average teacher | ||||||
3 | salary for grades K through 12 to cover the costs of: | ||||||
4 | (i) one FTE intervention teacher (tutor) | ||||||
5 | position for every 125 Low-Income Count students; | ||||||
6 | (ii) one FTE pupil support staff position for | ||||||
7 | every 125 Low-Income Count students; | ||||||
8 | (iii) one FTE extended day teacher position | ||||||
9 | for every 120 Low-Income Count students; and | ||||||
10 | (iv) one FTE summer school teacher position | ||||||
11 | for every 120 Low-Income Count students. | ||||||
12 | (W) Additional investments in English learner | ||||||
13 | students. In addition to and not in lieu of all other | ||||||
14 | funding under this paragraph (2), each Organizational | ||||||
15 | Unit shall receive funding based on the average | ||||||
16 | teacher salary for grades K through 12 to cover the | ||||||
17 | costs of: | ||||||
18 | (i) one FTE intervention teacher (tutor) | ||||||
19 | position for every 125 English learner students; | ||||||
20 | (ii) one FTE pupil support staff position for | ||||||
21 | every 125 English learner students; | ||||||
22 | (iii) one FTE extended day teacher position | ||||||
23 | for every 120 English learner students; | ||||||
24 | (iv) one FTE summer school teacher position | ||||||
25 | for every 120 English learner students; and | ||||||
26 | (v) one FTE core teacher position for every |
| |||||||
| |||||||
1 | 100 English learner students. | ||||||
2 | (X) Special education investments. Each | ||||||
3 | Organizational Unit shall receive funding based on the | ||||||
4 | average teacher salary for grades K through 12 to | ||||||
5 | cover special education as follows: | ||||||
6 | (i) one FTE teacher position for every 141 | ||||||
7 | combined ASE of pre-kindergarten children with | ||||||
8 | disabilities and all kindergarten through grade 12 | ||||||
9 | students; | ||||||
10 | (ii) one FTE instructional assistant for every | ||||||
11 | 141 combined ASE of pre-kindergarten children with | ||||||
12 | disabilities and all kindergarten through grade 12 | ||||||
13 | students; and | ||||||
14 | (iii) one FTE psychologist position for every | ||||||
15 | 1,000 combined ASE of pre-kindergarten children | ||||||
16 | with disabilities and all kindergarten through | ||||||
17 | grade 12 students. | ||||||
18 | (3) For calculating the salaries included within the | ||||||
19 | Essential Elements, the State Superintendent shall | ||||||
20 | annually calculate average salaries to the nearest dollar | ||||||
21 | using the employment information system data maintained by | ||||||
22 | the State Board, limited to public schools only and | ||||||
23 | excluding special education and vocational cooperatives, | ||||||
24 | schools operated by the Department of Juvenile Justice, | ||||||
25 | and charter schools, for the following positions: | ||||||
26 | (A) Teacher for grades K through 8. |
| |||||||
| |||||||
1 | (B) Teacher for grades 9 through 12. | ||||||
2 | (C) Teacher for grades K through 12. | ||||||
3 | (D) Guidance counselor for grades K through 8. | ||||||
4 | (E) Guidance counselor for grades 9 through 12. | ||||||
5 | (F) Guidance counselor for grades K through 12. | ||||||
6 | (G) Social worker. | ||||||
7 | (H) Psychologist. | ||||||
8 | (I) Librarian. | ||||||
9 | (J) Nurse. | ||||||
10 | (K) Principal. | ||||||
11 | (L) Assistant principal. | ||||||
12 | For the purposes of this paragraph (3), "teacher" | ||||||
13 | includes core teachers, specialist and elective teachers, | ||||||
14 | instructional facilitators, tutors, special education | ||||||
15 | teachers, pupil support staff teachers, English learner | ||||||
16 | teachers, extended day teachers, and summer school | ||||||
17 | teachers. Where specific grade data is not required for | ||||||
18 | the Essential Elements, the average salary for | ||||||
19 | corresponding positions shall apply. For substitute | ||||||
20 | teachers, the average teacher salary for grades K through | ||||||
21 | 12 shall apply. | ||||||
22 | For calculating the salaries included within the | ||||||
23 | Essential Elements for positions not included within EIS | ||||||
24 | Data, the following salaries shall be used in the first | ||||||
25 | year of implementation of Evidence-Based Funding: | ||||||
26 | (i) school site staff, $30,000; and |
| |||||||
| |||||||
1 | (ii) non-instructional assistant, instructional | ||||||
2 | assistant, library aide, library media tech, or | ||||||
3 | supervisory aide: $25,000. | ||||||
4 | In the second and subsequent years of implementation | ||||||
5 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
6 | (ii) of this paragraph (3) shall annually increase by the | ||||||
7 | ECI. | ||||||
8 | The salary amounts for the Essential Elements | ||||||
9 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
10 | and (T), and (V) through (X) of paragraph (2) of | ||||||
11 | subsection (b) of this Section shall be multiplied by a | ||||||
12 | Regionalization Factor. | ||||||
13 | (c) Local Capacity calculation. | ||||||
14 | (1) Each Organizational Unit's Local Capacity | ||||||
15 | represents an amount of funding it is assumed to | ||||||
16 | contribute toward its Adequacy Target for purposes of the | ||||||
17 | Evidence-Based Funding formula calculation. "Local | ||||||
18 | Capacity" means either (i) the Organizational Unit's Local | ||||||
19 | Capacity Target as calculated in accordance with paragraph | ||||||
20 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
21 | to or less than its Local Capacity Target or (ii) the | ||||||
22 | Organizational Unit's Adjusted Local Capacity, as | ||||||
23 | calculated in accordance with paragraph (3) of this | ||||||
24 | subsection (c) if Real Receipts are more than its Local | ||||||
25 | Capacity Target. | ||||||
26 | (2) "Local Capacity Target" means, for an |
| |||||||
| |||||||
1 | Organizational Unit, that dollar amount that is obtained | ||||||
2 | by multiplying its Adequacy Target by its Local Capacity | ||||||
3 | Ratio. | ||||||
4 | (A) An Organizational Unit's Local Capacity | ||||||
5 | Percentage is the conversion of the Organizational | ||||||
6 | Unit's Local Capacity Ratio, as such ratio is | ||||||
7 | determined in accordance with subparagraph (B) of this | ||||||
8 | paragraph (2), into a cumulative distribution | ||||||
9 | resulting in a percentile ranking to determine each | ||||||
10 | Organizational Unit's relative position to all other | ||||||
11 | Organizational Units in this State. The calculation of | ||||||
12 | Local Capacity Percentage is described in subparagraph | ||||||
13 | (C) of this paragraph (2). | ||||||
14 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
15 | in a given year is the percentage obtained by dividing | ||||||
16 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
17 | its Adequacy Target, with the resulting ratio further | ||||||
18 | adjusted as follows: | ||||||
19 | (i) for Organizational Units serving grades | ||||||
20 | kindergarten through 12 and Hybrid Districts, no | ||||||
21 | further adjustments shall be made; | ||||||
22 | (ii) for Organizational Units serving grades | ||||||
23 | kindergarten through 8, the ratio shall be | ||||||
24 | multiplied by 9/13; | ||||||
25 | (iii) for Organizational Units serving grades | ||||||
26 | 9 through 12, the Local Capacity Ratio shall be |
| |||||||
| |||||||
1 | multiplied by 4/13; and | ||||||
2 | (iv) for an Organizational Unit with a | ||||||
3 | different grade configuration than those specified | ||||||
4 | in items (i) through (iii) of this subparagraph | ||||||
5 | (B), the State Superintendent shall determine a | ||||||
6 | comparable adjustment based on the grades served. | ||||||
7 | (C) The Local Capacity Percentage is equal to the | ||||||
8 | percentile ranking of the district. Local Capacity | ||||||
9 | Percentage converts each Organizational Unit's Local | ||||||
10 | Capacity Ratio to a cumulative distribution resulting | ||||||
11 | in a percentile ranking to determine each | ||||||
12 | Organizational Unit's relative position to all other | ||||||
13 | Organizational Units in this State. The Local Capacity | ||||||
14 | Percentage cumulative distribution resulting in a | ||||||
15 | percentile ranking for each Organizational Unit shall | ||||||
16 | be calculated using the standard normal distribution | ||||||
17 | of the score in relation to the weighted mean and | ||||||
18 | weighted standard deviation and Local Capacity Ratios | ||||||
19 | of all Organizational Units. If the value assigned to | ||||||
20 | any Organizational Unit is in excess of 90%, the value | ||||||
21 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
22 | Local Capacity Percentage shall be set at 10% in
| ||||||
23 | recognition of the absence of EAV and resources from | ||||||
24 | the public university that are allocated to
the | ||||||
25 | Laboratory School. For programs operated by a regional | ||||||
26 | office of education or an intermediate service center, |
| |||||||
| |||||||
1 | the Local Capacity Percentage must be set at 10% in | ||||||
2 | recognition of the absence of EAV and resources from | ||||||
3 | school districts that are allocated to the regional | ||||||
4 | office of education or intermediate service center. | ||||||
5 | The weighted mean for the Local Capacity Percentage | ||||||
6 | shall be determined by multiplying each Organizational | ||||||
7 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
8 | creating a weighted value, summing the weighted values | ||||||
9 | of all Organizational Units, and dividing by the total | ||||||
10 | ASE of all Organizational Units. The weighted standard | ||||||
11 | deviation shall be determined by taking the square | ||||||
12 | root of the weighted variance of all Organizational | ||||||
13 | Units' Local Capacity Ratio, where the variance is | ||||||
14 | calculated by squaring the difference between each | ||||||
15 | unit's Local Capacity Ratio and the weighted mean, | ||||||
16 | then multiplying the variance for each unit times the | ||||||
17 | ASE for the unit to create a weighted variance for each | ||||||
18 | unit, then summing all units' weighted variance and | ||||||
19 | dividing by the total ASE of all units. | ||||||
20 | (D) For any Organizational Unit, the | ||||||
21 | Organizational Unit's Adjusted Local Capacity Target | ||||||
22 | shall be reduced by either (i) the school board's | ||||||
23 | remaining contribution pursuant to paragraph (ii) of | ||||||
24 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
25 | Pension Code in a given year or (ii) the board of | ||||||
26 | education's remaining contribution pursuant to |
| |||||||
| |||||||
1 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
2 | the Illinois Pension Code absent the employer normal | ||||||
3 | cost portion of the required contribution and amount | ||||||
4 | allowed pursuant to subdivision (3) of Section | ||||||
5 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
6 | In the preceding sentence, item (i) shall be certified | ||||||
7 | to the State Board of Education by the Teachers' | ||||||
8 | Retirement System of the State of Illinois and item | ||||||
9 | (ii) shall be certified to the State Board of | ||||||
10 | Education by the Public School Teachers' Pension and | ||||||
11 | Retirement Fund of the City of Chicago. | ||||||
12 | (3) If an Organizational Unit's Real Receipts are more | ||||||
13 | than its Local Capacity Target, then its Local Capacity | ||||||
14 | shall equal an Adjusted Local Capacity Target as | ||||||
15 | calculated in accordance with this paragraph (3). The | ||||||
16 | Adjusted Local Capacity Target is calculated as the sum of | ||||||
17 | the Organizational Unit's Local Capacity Target and its | ||||||
18 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
19 | equals the Organizational Unit's Real Receipts less its | ||||||
20 | Local Capacity Target, with the resulting figure | ||||||
21 | multiplied by the Local Capacity Percentage. | ||||||
22 | As used in this paragraph (3), "Real Percent of | ||||||
23 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
24 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
25 | resulting figure divided by the Organizational Unit's | ||||||
26 | Adequacy Target. |
| |||||||
| |||||||
1 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||||||
2 | for purposes of the Local Capacity calculation. | ||||||
3 | (1) An Organizational Unit's Real Receipts are the | ||||||
4 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
5 | An Organizational Unit's Applicable Tax Rate is its | ||||||
6 | Adjusted Operating Tax Rate for property within the | ||||||
7 | Organizational Unit. | ||||||
8 | (2) The State Superintendent shall calculate the | ||||||
9 | equalized assessed valuation, or EAV, of all taxable | ||||||
10 | property of each Organizational Unit as of September 30 of | ||||||
11 | the previous year in accordance with paragraph (3) of this | ||||||
12 | subsection (d). The State Superintendent shall then | ||||||
13 | determine the Adjusted EAV of each Organizational Unit in | ||||||
14 | accordance with paragraph (4) of this subsection (d), | ||||||
15 | which Adjusted EAV figure shall be used for the purposes | ||||||
16 | of calculating Local Capacity. | ||||||
17 | (3) To calculate Real Receipts and EAV, the Department | ||||||
18 | of Revenue shall supply to the State Superintendent the | ||||||
19 | value as equalized or assessed by the Department of | ||||||
20 | Revenue of all taxable property of every Organizational | ||||||
21 | Unit, together with (i) the applicable tax rate used in | ||||||
22 | extending taxes for the funds of the Organizational Unit | ||||||
23 | as of September 30 of the previous year and (ii) the | ||||||
24 | limiting rate for all Organizational Units subject to | ||||||
25 | property tax extension limitations as imposed under PTELL. | ||||||
26 | (A) The Department of Revenue shall add to the |
| |||||||
| |||||||
1 | equalized assessed value of all taxable property of | ||||||
2 | each Organizational Unit situated entirely or | ||||||
3 | partially within a county that is or was subject to the | ||||||
4 | provisions of Section 15-176 or 15-177 of the Property | ||||||
5 | Tax Code (i) an amount equal to the total amount by | ||||||
6 | which the homestead exemption allowed under Section | ||||||
7 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
8 | property situated in that Organizational Unit exceeds | ||||||
9 | the total amount that would have been allowed in that | ||||||
10 | Organizational Unit if the maximum reduction under | ||||||
11 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
12 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
13 | in all counties in tax year 2004 and thereafter and | ||||||
14 | (ii) an amount equal to the aggregate amount for the | ||||||
15 | taxable year of all additional exemptions under | ||||||
16 | Section 15-175 of the Property Tax Code for owners | ||||||
17 | with a household income of $30,000 or less. The county | ||||||
18 | clerk of any county that is or was subject to the | ||||||
19 | provisions of Section 15-176 or 15-177 of the Property | ||||||
20 | Tax Code shall annually calculate and certify to the | ||||||
21 | Department of Revenue for each Organizational Unit all | ||||||
22 | homestead exemption amounts under Section 15-176 or | ||||||
23 | 15-177 of the Property Tax Code and all amounts of | ||||||
24 | additional exemptions under Section 15-175 of the | ||||||
25 | Property Tax Code for owners with a household income | ||||||
26 | of $30,000 or less. It is the intent of this |
| |||||||
| |||||||
1 | subparagraph (A) that if the general homestead | ||||||
2 | exemption for a parcel of property is determined under | ||||||
3 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
4 | rather than Section 15-175, then the calculation of | ||||||
5 | EAV shall not be affected by the difference, if any, | ||||||
6 | between the amount of the general homestead exemption | ||||||
7 | allowed for that parcel of property under Section | ||||||
8 | 15-176 or 15-177 of the Property Tax Code and the | ||||||
9 | amount that would have been allowed had the general | ||||||
10 | homestead exemption for that parcel of property been | ||||||
11 | determined under Section 15-175 of the Property Tax | ||||||
12 | Code. It is further the intent of this subparagraph | ||||||
13 | (A) that if additional exemptions are allowed under | ||||||
14 | Section 15-175 of the Property Tax Code for owners | ||||||
15 | with a household income of less than $30,000, then the | ||||||
16 | calculation of EAV shall not be affected by the | ||||||
17 | difference, if any, because of those additional | ||||||
18 | exemptions. | ||||||
19 | (B) With respect to any part of an Organizational | ||||||
20 | Unit within a redevelopment project area in respect to | ||||||
21 | which a municipality has adopted tax increment | ||||||
22 | allocation financing pursuant to the Tax Increment | ||||||
23 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
24 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
25 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
26 | Illinois Municipal Code, no part of the current EAV of |
| |||||||
| |||||||
1 | real property located in any such project area that is | ||||||
2 | attributable to an increase above the total initial | ||||||
3 | EAV of such property shall be used as part of the EAV | ||||||
4 | of the Organizational Unit, until such time as all | ||||||
5 | redevelopment project costs have been paid, as | ||||||
6 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
7 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
8 | of the Industrial Jobs Recovery Law. For the purpose | ||||||
9 | of the EAV of the Organizational Unit, the total | ||||||
10 | initial EAV or the current EAV, whichever is lower, | ||||||
11 | shall be used until such time as all redevelopment | ||||||
12 | project costs have been paid. | ||||||
13 | (B-5) The real property equalized assessed | ||||||
14 | valuation for a school district shall be adjusted by | ||||||
15 | subtracting from the real property value, as equalized | ||||||
16 | or assessed by the Department of Revenue, for the | ||||||
17 | district an amount computed by dividing the amount of | ||||||
18 | any abatement of taxes under Section 18-170 of the | ||||||
19 | Property Tax Code by 3.00% for a district maintaining | ||||||
20 | grades kindergarten through 12, by 2.30% for a | ||||||
21 | district maintaining grades kindergarten through 8, or | ||||||
22 | by 1.05% for a district maintaining grades 9 through | ||||||
23 | 12 and adjusted by an amount computed by dividing the | ||||||
24 | amount of any abatement of taxes under subsection (a) | ||||||
25 | of Section 18-165 of the Property Tax Code by the same | ||||||
26 | percentage rates for district type as specified in |
| |||||||
| |||||||
1 | this subparagraph (B-5). | ||||||
2 | (C) For Organizational Units that are Hybrid | ||||||
3 | Districts, the State Superintendent shall use the | ||||||
4 | lesser of the adjusted equalized assessed valuation | ||||||
5 | for property within the partial elementary unit | ||||||
6 | district for elementary purposes, as defined in | ||||||
7 | Article 11E of this Code, or the adjusted equalized | ||||||
8 | assessed valuation for property within the partial | ||||||
9 | elementary unit district for high school purposes, as | ||||||
10 | defined in Article 11E of this Code. | ||||||
11 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
12 | average of its EAV over the immediately preceding 3 years | ||||||
13 | or its EAV in the immediately preceding year if the EAV in | ||||||
14 | the immediately preceding year has declined by 10% or more | ||||||
15 | compared to the 3-year average. In the event of | ||||||
16 | Organizational Unit reorganization, consolidation, or | ||||||
17 | annexation, the Organizational Unit's Adjusted EAV for the | ||||||
18 | first 3 years after such change shall be as follows: the | ||||||
19 | most current EAV shall be used in the first year, the | ||||||
20 | average of a 2-year EAV or its EAV in the immediately | ||||||
21 | preceding year if the EAV declines by 10% or more compared | ||||||
22 | to the 2-year average for the second year, and a 3-year | ||||||
23 | average EAV or its EAV in the immediately preceding year | ||||||
24 | if the Adjusted EAV declines by 10% or more compared to the | ||||||
25 | 3-year average for the third year. For any school district | ||||||
26 | whose EAV in the immediately preceding year is used in |
| |||||||
| |||||||
1 | calculations, in the following year, the Adjusted EAV | ||||||
2 | shall be the average of its EAV over the immediately | ||||||
3 | preceding 2 years or the immediately preceding year if | ||||||
4 | that year represents a decline of 10% or more compared to | ||||||
5 | the 2-year average. | ||||||
6 | "PTELL EAV" means a figure calculated by the State | ||||||
7 | Board for Organizational Units subject to PTELL as | ||||||
8 | described in this paragraph (4) for the purposes of | ||||||
9 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
10 | Except as otherwise provided in this paragraph (4), the | ||||||
11 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
12 | product of the equalized assessed valuation last used in | ||||||
13 | the calculation of general State aid under Section 18-8.05 | ||||||
14 | of this Code (now repealed) or Evidence-Based Funding | ||||||
15 | under this Section and the Organizational Unit's Extension | ||||||
16 | Limitation Ratio. If an Organizational Unit has approved | ||||||
17 | or does approve an increase in its limiting rate, pursuant | ||||||
18 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
19 | Base Tax Year, the PTELL EAV shall be equal to the product | ||||||
20 | of the equalized assessed valuation last used in the | ||||||
21 | calculation of general State aid under Section 18-8.05 of | ||||||
22 | this Code (now repealed) or Evidence-Based Funding under | ||||||
23 | this Section multiplied by an amount equal to one plus the | ||||||
24 | percentage increase, if any, in the Consumer Price Index | ||||||
25 | for All Urban Consumers for all items published by the | ||||||
26 | United States Department of Labor for the 12-month |
| |||||||
| |||||||
1 | calendar year preceding the Base Tax Year, plus the | ||||||
2 | equalized assessed valuation of new property, annexed | ||||||
3 | property, and recovered tax increment value and minus the | ||||||
4 | equalized assessed valuation of disconnected property. | ||||||
5 | As used in this paragraph (4), "new property" and | ||||||
6 | "recovered tax increment value" shall have the meanings | ||||||
7 | set forth in the Property Tax Extension Limitation Law. | ||||||
8 | (e) Base Funding Minimum calculation. | ||||||
9 | (1) For the 2017-2018 school year, the Base Funding | ||||||
10 | Minimum of an Organizational Unit or a Specially Funded | ||||||
11 | Unit shall be the amount of State funds distributed to the | ||||||
12 | Organizational Unit or Specially Funded Unit during the | ||||||
13 | 2016-2017 school year prior to any adjustments and | ||||||
14 | specified appropriation amounts described in this | ||||||
15 | paragraph (1) from the following Sections, as calculated | ||||||
16 | by the State Superintendent: Section 18-8.05 of this Code | ||||||
17 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
18 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
19 | (funding for children requiring special education | ||||||
20 | services); Section 14-13.01 of this Code (special | ||||||
21 | education facilities and staffing), except for | ||||||
22 | reimbursement of the cost of transportation pursuant to | ||||||
23 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
24 | learners); and Section 18-4.3 of this Code (summer | ||||||
25 | school), based on an appropriation level of $13,121,600. | ||||||
26 | For a school district organized under Article 34 of this |
| |||||||
| |||||||
1 | Code, the Base Funding Minimum also includes (i) the funds | ||||||
2 | allocated to the school district pursuant to Section 1D-1 | ||||||
3 | of this Code attributable to funding programs authorized | ||||||
4 | by the Sections of this Code listed in the preceding | ||||||
5 | sentence and (ii) the difference between (I) the funds | ||||||
6 | allocated to the school district pursuant to Section 1D-1 | ||||||
7 | of this Code attributable to the funding programs | ||||||
8 | authorized by Section 14-7.02 (non-public special | ||||||
9 | education reimbursement), subsection (b) of Section | ||||||
10 | 14-13.01 (special education transportation), Section 29-5 | ||||||
11 | (transportation), Section 2-3.80 (agricultural | ||||||
12 | education), Section 2-3.66 (truants' alternative | ||||||
13 | education), Section 2-3.62 (educational service centers), | ||||||
14 | and Section 14-7.03 (special education - orphanage) of | ||||||
15 | this Code and Section 15 of the Childhood Hunger Relief | ||||||
16 | Act (free breakfast program) and (II) the school | ||||||
17 | district's actual expenditures for its non-public special | ||||||
18 | education, special education transportation, | ||||||
19 | transportation programs, agricultural education, truants' | ||||||
20 | alternative education, services that would otherwise be | ||||||
21 | performed by a regional office of education, special | ||||||
22 | education orphanage expenditures, and free breakfast, as | ||||||
23 | most recently calculated and reported pursuant to | ||||||
24 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
25 | Funding Minimum for Glenwood Academy shall be $625,500. | ||||||
26 | For programs operated by a regional office of education or |
| |||||||
| |||||||
1 | an intermediate service center, the Base Funding Minimum | ||||||
2 | must be the total amount of State funds allocated to those | ||||||
3 | programs in the 2018-2019 school year and amounts provided | ||||||
4 | pursuant to Article 34 of Public Act 100-586 and Section | ||||||
5 | 3-16 of this Code. All programs established after June 5, | ||||||
6 | 2019 (the effective date of Public Act 101-10) and | ||||||
7 | administered by a regional office of education or an | ||||||
8 | intermediate service center must have an initial Base | ||||||
9 | Funding Minimum set to an amount equal to the first-year | ||||||
10 | ASE multiplied by the amount of per pupil funding received | ||||||
11 | in the previous school year by the lowest funded similar | ||||||
12 | existing program type. If the enrollment for a program | ||||||
13 | operated by a regional office of education or an | ||||||
14 | intermediate service center is zero, then it may not | ||||||
15 | receive Base Funding Minimum funds for that program in the | ||||||
16 | next fiscal year, and those funds must be distributed to | ||||||
17 | Organizational Units under subsection (g). | ||||||
18 | (2) For the 2018-2019 and subsequent school years, the | ||||||
19 | Base Funding Minimum of Organizational Units and Specially | ||||||
20 | Funded Units shall be the sum of (i) the amount of | ||||||
21 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
22 | Base Funding Minimum for the prior school year, and (iii) | ||||||
23 | any amount received by a school district pursuant to | ||||||
24 | Section 7 of Article 97 of Public Act 100-21. | ||||||
25 | (3) Subject to approval by the General Assembly as | ||||||
26 | provided in this paragraph (3), an Organizational Unit |
| |||||||
| |||||||
1 | that meets all of the following criteria, as determined by | ||||||
2 | the State Board, shall have District Intervention Money | ||||||
3 | added to its Base Funding Minimum at the time the Base | ||||||
4 | Funding Minimum is calculated by the State Board: | ||||||
5 | (A) The Organizational Unit is operating under an | ||||||
6 | Independent Authority under Section 2-3.25f-5 of this | ||||||
7 | Code for a minimum of 4 school years or is subject to | ||||||
8 | the control of the State Board pursuant to a court | ||||||
9 | order for a minimum of 4 school years. | ||||||
10 | (B) The Organizational Unit was designated as a | ||||||
11 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
12 | school year under paragraph (3) of subsection (g) of | ||||||
13 | this Section. | ||||||
14 | (C) The Organizational Unit demonstrates | ||||||
15 | sustainability through a 5-year financial and | ||||||
16 | strategic plan. | ||||||
17 | (D) The Organizational Unit has made sufficient | ||||||
18 | progress and achieved sufficient stability in the | ||||||
19 | areas of governance, academic growth, and finances. | ||||||
20 | As part of its determination under this paragraph (3), | ||||||
21 | the State Board may consider the Organizational Unit's | ||||||
22 | summative designation, any accreditations of the | ||||||
23 | Organizational Unit, or the Organizational Unit's | ||||||
24 | financial profile, as calculated by the State Board. | ||||||
25 | If the State Board determines that an Organizational | ||||||
26 | Unit has met the criteria set forth in this paragraph (3), |
| |||||||
| |||||||
1 | it must submit a report to the General Assembly, no later | ||||||
2 | than January 2 of the fiscal year in which the State Board | ||||||
3 | makes it determination, on the amount of District | ||||||
4 | Intervention Money to add to the Organizational Unit's | ||||||
5 | Base Funding Minimum. The General Assembly must review the | ||||||
6 | State Board's report and may approve or disapprove, by | ||||||
7 | joint resolution, the addition of District Intervention | ||||||
8 | Money. If the General Assembly fails to act on the report | ||||||
9 | within 40 calendar days from the receipt of the report, | ||||||
10 | the addition of District Intervention Money is deemed | ||||||
11 | approved. If the General Assembly approves the amount of | ||||||
12 | District Intervention Money to be added to the | ||||||
13 | Organizational Unit's Base Funding Minimum, the District | ||||||
14 | Intervention Money must be added to the Base Funding | ||||||
15 | Minimum annually thereafter. | ||||||
16 | For the first 4 years following the initial year that | ||||||
17 | the State Board determines that an Organizational Unit has | ||||||
18 | met the criteria set forth in this paragraph (3) and has | ||||||
19 | received funding under this Section, the Organizational | ||||||
20 | Unit must annually submit to the State Board, on or before | ||||||
21 | November 30, a progress report regarding its financial and | ||||||
22 | strategic plan under subparagraph (C) of this paragraph | ||||||
23 | (3). The plan shall include the financial data from the | ||||||
24 | past 4 annual financial reports or financial audits that | ||||||
25 | must be presented to the State Board by November 15 of each | ||||||
26 | year and the approved budget financial data for the |
| |||||||
| |||||||
1 | current year. The plan shall be developed according to the | ||||||
2 | guidelines presented to the Organizational Unit by the | ||||||
3 | State Board. The plan shall further include financial | ||||||
4 | projections for the next 3 fiscal years and include a | ||||||
5 | discussion and financial summary of the Organizational | ||||||
6 | Unit's facility needs. If the Organizational Unit does not | ||||||
7 | demonstrate sufficient progress toward its 5-year plan or | ||||||
8 | if it has failed to file an annual financial report, an | ||||||
9 | annual budget, a financial plan, a deficit reduction plan, | ||||||
10 | or other financial information as required by law, the | ||||||
11 | State Board may establish a Financial Oversight Panel | ||||||
12 | under Article 1H of this Code. However, if the | ||||||
13 | Organizational Unit already has a Financial Oversight | ||||||
14 | Panel, the State Board may extend the duration of the | ||||||
15 | Panel. | ||||||
16 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
17 | (1) The Evidence-Based Funding formula establishes a | ||||||
18 | Percent of Adequacy for each Organizational Unit in order | ||||||
19 | to place such units into tiers for the purposes of the | ||||||
20 | funding distribution system described in subsection (g) of | ||||||
21 | this Section. Initially, an Organizational Unit's | ||||||
22 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
23 | are calculated pursuant to paragraph (2) of this | ||||||
24 | subsection (f). Then, an Organizational Unit's Final | ||||||
25 | Resources and Final Percent of Adequacy are calculated to | ||||||
26 | account for the Organizational Unit's poverty |
| |||||||
| |||||||
1 | concentration levels pursuant to paragraphs (3) and (4) of | ||||||
2 | this subsection (f). | ||||||
3 | (2) An Organizational Unit's Preliminary Resources are | ||||||
4 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
5 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
6 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
7 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
8 | (3) Except for Specially Funded Units, an | ||||||
9 | Organizational Unit's Final Resources are equal to the sum | ||||||
10 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
11 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
12 | Unit shall serve as its Final Resources, except that the | ||||||
13 | Base Funding Minimum for State-approved charter schools | ||||||
14 | shall not include any portion of general State aid | ||||||
15 | allocated in the prior year based on the per capita | ||||||
16 | tuition charge times the charter school enrollment. | ||||||
17 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
18 | is its Final Resources divided by its Adequacy Target. An | ||||||
19 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
20 | equal to its Base Funding Minimum less its Supplemental | ||||||
21 | Grant Funding, with the resulting figure added to the | ||||||
22 | product of its Supplemental Grant Funding and Preliminary | ||||||
23 | Percent of Adequacy. | ||||||
24 | (g) Evidence-Based Funding formula distribution system. | ||||||
25 | (1) In each school year under the Evidence-Based | ||||||
26 | Funding formula, each Organizational Unit receives funding |
| |||||||
| |||||||
1 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
2 | allocation of New State Funds determined pursuant to this | ||||||
3 | subsection (g). To allocate New State Funds, the | ||||||
4 | Evidence-Based Funding formula distribution system first | ||||||
5 | places all Organizational Units into one of 4 tiers in | ||||||
6 | accordance with paragraph (3) of this subsection (g), | ||||||
7 | based on the Organizational Unit's Final Percent of | ||||||
8 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
9 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
10 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
11 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
12 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
13 | equals 0.1% of all New State Funds. Each Organizational | ||||||
14 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
15 | State Funds equal to its tier Funding Gap, as defined in | ||||||
16 | the following sentence, multiplied by the tier's | ||||||
17 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
18 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
19 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
20 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
21 | Organizational Unit's Adequacy Target, with the resulting | ||||||
22 | amount reduced by the Organizational Unit's Final | ||||||
23 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
24 | Gap equals the tier's Target Ratio, as described in | ||||||
25 | paragraph (5) of this subsection (g), multiplied by the | ||||||
26 | Organizational Unit's Adequacy Target, with the resulting |
| |||||||
| |||||||
1 | amount reduced by the Organizational Unit's Final | ||||||
2 | Resources and its Tier 1 funding allocation. To determine | ||||||
3 | the Organizational Unit's Funding Gap, the resulting | ||||||
4 | amount is then multiplied by a factor equal to one minus | ||||||
5 | the Organizational Unit's Local Capacity Target | ||||||
6 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
7 | 4 receives an allocation of New State Funds equal to the | ||||||
8 | product of its Adequacy Target and the tier's Allocation | ||||||
9 | Rate, as specified in paragraph (4) of this subsection | ||||||
10 | (g). | ||||||
11 | (2) To ensure equitable distribution of dollars for | ||||||
12 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
13 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
14 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
15 | Unit shall have its funding allocation divided by its ASE. | ||||||
16 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
17 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
18 | get a funding allocation equal to the greatest Tier 3 | ||||||
19 | funding allocation per ASE multiplied by the | ||||||
20 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
21 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
22 | the percentage calculated by dividing the original Tier 2 | ||||||
23 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
24 | Units' Tier 2 funding allocation after adjusting | ||||||
25 | districts' funding below Tier 3 levels. | ||||||
26 | (3) Organizational Units are placed into one of 4 |
| |||||||
| |||||||
1 | tiers as follows: | ||||||
2 | (A) Tier 1 consists of all Organizational Units, | ||||||
3 | except for Specially Funded Units, with a Percent of | ||||||
4 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
5 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
6 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
7 | Allocation Rate determined pursuant to paragraph (4) | ||||||
8 | of this subsection (g). | ||||||
9 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
10 | other Organizational Units, except for Specially | ||||||
11 | Funded Units, with a Percent of Adequacy of less than | ||||||
12 | 0.90. | ||||||
13 | (C) Tier 3 consists of all Organizational Units, | ||||||
14 | except for Specially Funded Units, with a Percent of | ||||||
15 | Adequacy of at least 0.90 and less than 1.0. | ||||||
16 | (D) Tier 4 consists of all Organizational Units | ||||||
17 | with a Percent of Adequacy of at least 1.0. | ||||||
18 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
19 | determined as follows: | ||||||
20 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
21 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
22 | following equation: Tier 2 Aggregate Funding, divided | ||||||
23 | by the sum of the Funding Gaps for all Tier 2 | ||||||
24 | Organizational Units, unless the result of such | ||||||
25 | equation is higher than 1.0. If the result of such | ||||||
26 | equation is higher than 1.0, then the Tier 2 |
| |||||||
| |||||||
1 | Allocation Rate is 1.0. | ||||||
2 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
3 | following equation: Tier 3
Aggregate Funding, divided | ||||||
4 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
5 | Organizational
Units. | ||||||
6 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
7 | following equation: Tier 4
Aggregate Funding, divided | ||||||
8 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
9 | Organizational
Units. | ||||||
10 | (5) A tier's Target Ratio is determined as follows: | ||||||
11 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
12 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
13 | with the Tier 1 Allocation Rate. | ||||||
14 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
15 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
16 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
17 | greater than 90%, then than all Tier 1 funding shall be | ||||||
18 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
19 | funding may be identified. | ||||||
20 | (7) In the event that all Tier 2 Organizational Units | ||||||
21 | receive funding at the Tier 2 Target Ratio level, any | ||||||
22 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
23 | Tier 4 Organizational Units. | ||||||
24 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
25 | Academy, recognized by the State Board do not qualify for | ||||||
26 | direct funding following the implementation of Public Act |
| |||||||
| |||||||
1 | 100-465 from any of the funding sources included within | ||||||
2 | the definition of Base Funding Minimum, the unqualified | ||||||
3 | portion of the Base Funding Minimum shall be transferred | ||||||
4 | to one or more appropriate Organizational Units as | ||||||
5 | determined by the State Superintendent based on the prior | ||||||
6 | year ASE of the Organizational Units. | ||||||
7 | (8.5) If a school district withdraws from a special | ||||||
8 | education cooperative, the portion of the Base Funding | ||||||
9 | Minimum that is attributable to the school district may be | ||||||
10 | redistributed to the school district upon withdrawal. The | ||||||
11 | school district and the cooperative must include the | ||||||
12 | amount of the Base Funding Minimum that is to be | ||||||
13 | reapportioned in their withdrawal agreement and notify the | ||||||
14 | State Board of the change with a copy of the agreement upon | ||||||
15 | withdrawal. | ||||||
16 | (9) The Minimum Funding Level is intended to establish | ||||||
17 | a target for State funding that will keep pace with | ||||||
18 | inflation and continue to advance equity through the | ||||||
19 | Evidence-Based Funding formula. The target for State | ||||||
20 | funding of New Property Tax Relief Pool Funds is | ||||||
21 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
22 | State fiscal years. The Minimum Funding Level is equal to | ||||||
23 | $350,000,000. In addition to any New State Funds, no more | ||||||
24 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
25 | counted toward the Minimum Funding Level. If the sum of | ||||||
26 | New State Funds and applicable New Property Tax Relief |
| |||||||
| |||||||
1 | Pool Funds are less than the Minimum Funding Level, than | ||||||
2 | funding for tiers shall be reduced in the following | ||||||
3 | manner: | ||||||
4 | (A) First, Tier 4 funding shall be reduced by an | ||||||
5 | amount equal to the difference between the Minimum | ||||||
6 | Funding Level and New State Funds until such time as | ||||||
7 | Tier 4 funding is exhausted. | ||||||
8 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
9 | amount equal to the difference between the Minimum | ||||||
10 | Funding Level and New State Funds and the reduction in | ||||||
11 | Tier 4 funding until such time as Tier 3 funding is | ||||||
12 | exhausted. | ||||||
13 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
14 | amount equal to the difference between the Minimum | ||||||
15 | Funding Level and New State Funds and the reduction in | ||||||
16 | Tier 4 and Tier 3. | ||||||
17 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
18 | amount equal to the difference between the Minimum | ||||||
19 | Funding level and New State Funds and the reduction in | ||||||
20 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
21 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
22 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
23 | this subsection (g), multiplied by the result of New | ||||||
24 | State Funds divided by the Minimum Funding Level. | ||||||
25 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
26 | fiscal years, if New State Funds exceed $300,000,000, then |
| |||||||
| |||||||
1 | any amount in excess of $300,000,000 shall be dedicated | ||||||
2 | for purposes of Section 2-3.170 of this Code up to a | ||||||
3 | maximum of $50,000,000. | ||||||
4 | (10) In the event of a decrease in the amount of the | ||||||
5 | appropriation for this Section in any fiscal year after | ||||||
6 | implementation of this Section, the Organizational Units | ||||||
7 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
8 | paragraph (3) of this subsection (g), shall be held | ||||||
9 | harmless by establishing a Base Funding Guarantee equal to | ||||||
10 | the per pupil kindergarten through grade 12 funding | ||||||
11 | received in accordance with this Section in the prior | ||||||
12 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
13 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
14 | per pupil basis equivalent to the total number of the ASE | ||||||
15 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
16 | divided by the total reduction in State funding. The Base
| ||||||
17 | Funding Minimum as reduced shall continue to be applied to | ||||||
18 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
19 | relative formula when increases in
appropriations for this | ||||||
20 | Section resume. In no event may State funding reductions | ||||||
21 | to
Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
22 | amount that would be less than the
Base Funding Minimum | ||||||
23 | established in the first year of implementation of this
| ||||||
24 | Section. If additional reductions are required, all school | ||||||
25 | districts shall receive a
reduction by a per pupil amount | ||||||
26 | equal to the aggregate additional appropriation
reduction |
| |||||||
| |||||||
1 | divided by the total ASE of all Organizational Units. | ||||||
2 | (11) The State Superintendent shall make minor | ||||||
3 | adjustments to the distribution formula set forth in this | ||||||
4 | subsection (g) to account for the rounding of percentages | ||||||
5 | to the nearest tenth of a percentage and dollar amounts to | ||||||
6 | the nearest whole dollar. | ||||||
7 | (h) State Superintendent administration of funding and | ||||||
8 | district submission requirements. | ||||||
9 | (1) The State Superintendent shall, in accordance with | ||||||
10 | appropriations made by the General Assembly, meet the | ||||||
11 | funding obligations created under this Section. | ||||||
12 | (2) The State Superintendent shall calculate the | ||||||
13 | Adequacy Target for each Organizational Unit and Net State | ||||||
14 | Contribution Target for each Organizational Unit under | ||||||
15 | this Section. No Evidence-Based Funding shall be | ||||||
16 | distributed within an Organizational Unit without the | ||||||
17 | approval of the unit's school board. | ||||||
18 | (3) Annually, the State Superintendent shall calculate | ||||||
19 | and report to each Organizational Unit the unit's | ||||||
20 | aggregate financial adequacy amount, which shall be the | ||||||
21 | sum of the Adequacy Target for each Organizational Unit. | ||||||
22 | The State Superintendent shall calculate and report | ||||||
23 | separately for each Organizational Unit the unit's total | ||||||
24 | State funds allocated for its students with disabilities. | ||||||
25 | The State Superintendent shall calculate and report | ||||||
26 | separately for each Organizational Unit the amount of |
| |||||||
| |||||||
1 | funding and applicable FTE calculated for each Essential | ||||||
2 | Element of the unit's Adequacy Target. | ||||||
3 | (4) Annually, the State Superintendent shall calculate | ||||||
4 | and report to each Organizational Unit the amount the unit | ||||||
5 | must expend on special education and bilingual education | ||||||
6 | and computer technology and equipment for Organizational | ||||||
7 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
8 | additional $285.50 per student computer technology and | ||||||
9 | equipment investment grant to their Adequacy Target | ||||||
10 | pursuant to the unit's Base Funding Minimum, Special | ||||||
11 | Education Allocation, Bilingual Education Allocation, and | ||||||
12 | computer technology and equipment investment allocation. | ||||||
13 | (5) Moneys distributed under this Section shall be | ||||||
14 | calculated on a school year basis, but paid on a fiscal | ||||||
15 | year basis, with payments beginning in August and | ||||||
16 | extending through June. Unless otherwise provided, the | ||||||
17 | moneys appropriated for each fiscal year shall be | ||||||
18 | distributed in 22 equal payments at least 2 times monthly | ||||||
19 | to each Organizational Unit. If moneys appropriated for | ||||||
20 | any fiscal year are distributed other than monthly, the | ||||||
21 | distribution shall be on the same basis for each | ||||||
22 | Organizational Unit. | ||||||
23 | (6) Any school district that fails, for any given | ||||||
24 | school year, to maintain school as required by law or to | ||||||
25 | maintain a recognized school is not eligible to receive | ||||||
26 | Evidence-Based Funding. In case of non-recognition of one |
| |||||||
| |||||||
1 | or more attendance centers in a school district otherwise | ||||||
2 | operating recognized schools, the claim of the district | ||||||
3 | shall be reduced in the proportion that the enrollment in | ||||||
4 | the attendance center or centers bears to the enrollment | ||||||
5 | of the school district. "Recognized school" means any | ||||||
6 | public school that meets the standards for recognition by | ||||||
7 | the State Board. A school district or attendance center | ||||||
8 | not having recognition status at the end of a school term | ||||||
9 | is entitled to receive State aid payments due upon a legal | ||||||
10 | claim that was filed while it was recognized. | ||||||
11 | (7) School district claims filed under this Section | ||||||
12 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
13 | except as otherwise provided in this Section. | ||||||
14 | (8) Each fiscal year, the State Superintendent shall | ||||||
15 | calculate for each Organizational Unit an amount of its | ||||||
16 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
17 | be deemed attributable to the provision of special | ||||||
18 | educational facilities and services, as defined in Section | ||||||
19 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
20 | with maintenance of State financial support requirements | ||||||
21 | under the federal Individuals with Disabilities Education | ||||||
22 | Act. An Organizational Unit must use such funds only for | ||||||
23 | the provision of special educational facilities and | ||||||
24 | services, as defined in Section 14-1.08 of this Code, and | ||||||
25 | must comply with any expenditure verification procedures | ||||||
26 | adopted by the State Board. |
| |||||||
| |||||||
1 | (9) All Organizational Units in this State must submit | ||||||
2 | annual spending plans by the end of September of each year | ||||||
3 | to the State Board as part of the annual budget process, | ||||||
4 | which shall describe how each Organizational Unit will | ||||||
5 | utilize the Base Funding Minimum and Evidence-Based | ||||||
6 | Funding it receives from this State under this Section | ||||||
7 | with specific identification of the intended utilization | ||||||
8 | of Low-Income, English learner, and special education | ||||||
9 | resources. Additionally, the annual spending plans of each | ||||||
10 | Organizational Unit shall describe how the Organizational | ||||||
11 | Unit expects to achieve student growth and how the | ||||||
12 | Organizational Unit will achieve State education goals, as | ||||||
13 | defined by the State Board. The State Superintendent may, | ||||||
14 | from time to time, identify additional requisites for | ||||||
15 | Organizational Units to satisfy when compiling the annual | ||||||
16 | spending plans required under this subsection (h). The | ||||||
17 | format and scope of annual spending plans shall be | ||||||
18 | developed by the State Superintendent and the State Board | ||||||
19 | of Education. School districts that serve students under | ||||||
20 | Article 14C of this Code shall continue to submit | ||||||
21 | information as required under Section 14C-12 of this Code. | ||||||
22 | (10) No later than January 1, 2018, the State | ||||||
23 | Superintendent shall develop a 5-year strategic plan for | ||||||
24 | all Organizational Units to help in planning for adequacy | ||||||
25 | funding under this Section. The State Superintendent shall | ||||||
26 | submit the plan to the Governor and the General Assembly, |
| |||||||
| |||||||
1 | as provided in Section 3.1 of the General Assembly | ||||||
2 | Organization Act. The plan shall include recommendations | ||||||
3 | for: | ||||||
4 | (A) a framework for collaborative, professional, | ||||||
5 | innovative, and 21st century learning environments | ||||||
6 | using the Evidence-Based Funding model; | ||||||
7 | (B) ways to prepare and support this State's | ||||||
8 | educators for successful instructional careers; | ||||||
9 | (C) application and enhancement of the current | ||||||
10 | financial accountability measures, the approved State | ||||||
11 | plan to comply with the federal Every Student Succeeds | ||||||
12 | Act, and the Illinois Balanced Accountability Measures | ||||||
13 | in relation to student growth and elements of the | ||||||
14 | Evidence-Based Funding model; and | ||||||
15 | (D) implementation of an effective school adequacy | ||||||
16 | funding system based on projected and recommended | ||||||
17 | funding levels from the General Assembly. | ||||||
18 | (11) On an annual basis, the State Superintendent
must | ||||||
19 | recalibrate all of the following per pupil elements of the | ||||||
20 | Adequacy Target and applied to the formulas, based on the | ||||||
21 | study of average expenses and as reported in the most | ||||||
22 | recent annual financial report: | ||||||
23 | (A) Gifted under subparagraph (M) of paragraph
(2) | ||||||
24 | of subsection (b). | ||||||
25 | (B) Instructional materials under subparagraph
(O) | ||||||
26 | of paragraph (2) of subsection (b). |
| |||||||
| |||||||
1 | (C) Assessment under subparagraph (P) of
paragraph | ||||||
2 | (2) of subsection (b). | ||||||
3 | (D) Student activities under subparagraph (R) of
| ||||||
4 | paragraph (2) of subsection (b). | ||||||
5 | (E) Maintenance and operations under subparagraph
| ||||||
6 | (S) of paragraph (2) of subsection (b). | ||||||
7 | (F) Central office under subparagraph (T) of
| ||||||
8 | paragraph (2) of subsection (b). | ||||||
9 | (i) Professional Review Panel. | ||||||
10 | (1) A Professional Review Panel is created to study | ||||||
11 | and review topics related to the implementation and effect | ||||||
12 | of Evidence-Based Funding, as assigned by a joint | ||||||
13 | resolution or Public Act of the General Assembly or a | ||||||
14 | motion passed by the State Board of Education. The Panel | ||||||
15 | must provide recommendations to and serve the Governor, | ||||||
16 | the General Assembly, and the State Board. The State | ||||||
17 | Superintendent or his or her designee must serve as a | ||||||
18 | voting member and chairperson of the Panel. The State | ||||||
19 | Superintendent must appoint a vice chairperson from the | ||||||
20 | membership of the Panel. The Panel must advance | ||||||
21 | recommendations based on a three-fifths majority vote of | ||||||
22 | Panel members present and voting. A minority opinion may | ||||||
23 | also accompany any recommendation of the Panel. The Panel | ||||||
24 | shall be appointed by the State Superintendent, except as | ||||||
25 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
26 | and include the following members: |
| |||||||
| |||||||
1 | (A) Two appointees that represent district | ||||||
2 | superintendents, recommended by a statewide | ||||||
3 | organization that represents district superintendents. | ||||||
4 | (B) Two appointees that represent school boards, | ||||||
5 | recommended by a statewide organization that | ||||||
6 | represents school boards. | ||||||
7 | (C) Two appointees from districts that represent | ||||||
8 | school business officials, recommended by a statewide | ||||||
9 | organization that represents school business | ||||||
10 | officials. | ||||||
11 | (D) Two appointees that represent school | ||||||
12 | principals, recommended by a statewide organization | ||||||
13 | that represents school principals. | ||||||
14 | (E) Two appointees that represent teachers, | ||||||
15 | recommended by a statewide organization that | ||||||
16 | represents teachers. | ||||||
17 | (F) Two appointees that represent teachers, | ||||||
18 | recommended by another statewide organization that | ||||||
19 | represents teachers. | ||||||
20 | (G) Two appointees that represent regional | ||||||
21 | superintendents of schools, recommended by | ||||||
22 | organizations that represent regional superintendents. | ||||||
23 | (H) Two independent experts selected solely by the | ||||||
24 | State Superintendent. | ||||||
25 | (I) Two independent experts recommended by public | ||||||
26 | universities in this State. |
| |||||||
| |||||||
1 | (J) One member recommended by a statewide | ||||||
2 | organization that represents parents. | ||||||
3 | (K) Two representatives recommended by collective | ||||||
4 | impact organizations that represent major metropolitan | ||||||
5 | areas or geographic areas in Illinois. | ||||||
6 | (L) One member from a statewide organization | ||||||
7 | focused on research-based education policy to support | ||||||
8 | a school system that prepares all students for | ||||||
9 | college, a career, and democratic citizenship. | ||||||
10 | (M) One representative from a school district | ||||||
11 | organized under Article 34 of this Code. | ||||||
12 | The State Superintendent shall ensure that the | ||||||
13 | membership of the Panel includes representatives from | ||||||
14 | school districts and communities reflecting the | ||||||
15 | geographic, socio-economic, racial, and ethnic diversity | ||||||
16 | of this State. The State Superintendent shall additionally | ||||||
17 | ensure that the membership of the Panel includes | ||||||
18 | representatives with expertise in bilingual education and | ||||||
19 | special education. Staff from the State Board shall staff | ||||||
20 | the Panel. | ||||||
21 | (2) In addition to those Panel members appointed by | ||||||
22 | the State Superintendent, 4 members of the General | ||||||
23 | Assembly shall be appointed as follows: one member of the | ||||||
24 | House of Representatives appointed by the Speaker of the | ||||||
25 | House of Representatives, one member of the Senate | ||||||
26 | appointed by the President of the Senate, one member of |
| |||||||
| |||||||
1 | the House of Representatives appointed by the Minority | ||||||
2 | Leader of the House of Representatives, and one member of | ||||||
3 | the Senate appointed by the Minority Leader of the Senate. | ||||||
4 | There shall be one additional member appointed by the | ||||||
5 | Governor. All members appointed by legislative leaders or | ||||||
6 | the Governor shall be non-voting, ex officio members. | ||||||
7 | (3) The Panel must study topics at the direction of | ||||||
8 | the General Assembly or State Board of Education, as | ||||||
9 | provided under paragraph (1). The Panel may also study the | ||||||
10 | following topics at the direction of the chairperson: | ||||||
11 | (A) The format and scope of annual spending plans | ||||||
12 | referenced in paragraph (9) of subsection (h) of this | ||||||
13 | Section. | ||||||
14 | (B) The Comparable Wage Index under this Section. | ||||||
15 | (C) Maintenance and operations, including capital | ||||||
16 | maintenance and construction costs. | ||||||
17 | (D) "At-risk student" definition. | ||||||
18 | (E) Benefits. | ||||||
19 | (F) Technology. | ||||||
20 | (G) Local Capacity Target. | ||||||
21 | (H) Funding for Alternative Schools, Laboratory | ||||||
22 | Schools, safe schools, and alternative learning | ||||||
23 | opportunities programs. | ||||||
24 | (I) Funding for college and career acceleration | ||||||
25 | strategies. | ||||||
26 | (J) Special education investments. |
| |||||||
| |||||||
1 | (K) Early childhood investments, in collaboration | ||||||
2 | with the Illinois Early Learning Council. | ||||||
3 | (4) (Blank). | ||||||
4 | (5) Within 5 years after the implementation of this | ||||||
5 | Section, and every 5 years thereafter, the Panel shall | ||||||
6 | complete an evaluative study of the entire Evidence-Based | ||||||
7 | Funding model, including an assessment of whether or not | ||||||
8 | the formula is achieving State goals. The Panel shall | ||||||
9 | report to the State Board, the General Assembly, and the | ||||||
10 | Governor on the findings of the study. | ||||||
11 | (6) (Blank). | ||||||
12 | (j) References. Beginning July 1, 2017, references in | ||||||
13 | other laws to general State aid funds or calculations under | ||||||
14 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
15 | be references to evidence-based model formula funds or | ||||||
16 | calculations under this Section.
| ||||||
17 | (Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | ||||||
18 | 100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff. | ||||||
19 | 6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
| ||||||
20 | (105 ILCS 5/22-33) | ||||||
21 | Sec. 22-33. Medical cannabis. | ||||||
22 | (a) This Section may be referred to as Ashley's Law. | ||||||
23 | (a-5) In this Section: | ||||||
24 | "Designated caregiver", "medical cannabis infused | ||||||
25 | product", "qualifying patient", and "registered" have the |
| |||||||
| |||||||
1 | meanings given to those terms under Section 10 of the | ||||||
2 | Compassionate Use of Medical Cannabis Program Act. | ||||||
3 | "Self-administration" means a student's discretionary use | ||||||
4 | of his or her medical cannabis infused product. | ||||||
5 | (b) Subject to the restrictions under subsections (c) | ||||||
6 | through (g) of this Section, a school district, public school, | ||||||
7 | charter school, or nonpublic school shall authorize a parent | ||||||
8 | or guardian or any other individual registered with the | ||||||
9 | Department of Public Health as a designated caregiver of a | ||||||
10 | student who is a registered qualifying patient to administer a | ||||||
11 | medical cannabis infused product to the student on the | ||||||
12 | premises of the child's school or on the child's school bus if | ||||||
13 | both the student (as a registered qualifying patient) and the | ||||||
14 | parent or guardian or other individual (as a registered | ||||||
15 | designated caregiver) have been issued registry identification | ||||||
16 | cards under the Compassionate Use of Medical Cannabis Program | ||||||
17 | Act. After administering the product, the parent or guardian | ||||||
18 | or other individual shall remove the product from the school | ||||||
19 | premises or the school bus. | ||||||
20 | (b-5) Notwithstanding subsection (b) and subject to the | ||||||
21 | restrictions under subsections (c) through (g), a school | ||||||
22 | district, public school, charter school, or nonpublic school | ||||||
23 | must allow a school nurse or school administrator to | ||||||
24 | administer a medical cannabis infused product to a student who | ||||||
25 | is a registered qualifying patient (i) while on school | ||||||
26 | premises, (ii) while at a school-sponsored activity, or (iii) |
| |||||||
| |||||||
1 | before or after normal school activities, including while the | ||||||
2 | student is in before-school or after-school care on | ||||||
3 | school-operated property or while the student is being | ||||||
4 | transported on a school bus. A school district, public school, | ||||||
5 | charter school, or nonpublic school may authorize the | ||||||
6 | self-administration of a medical cannabis infused product by a | ||||||
7 | student who is a registered qualifying patient if the | ||||||
8 | self-administration takes place under the direct supervision | ||||||
9 | of a school nurse or school administrator. | ||||||
10 | Before allowing the administration of a medical cannabis | ||||||
11 | infused product by a school nurse or school administrator or a | ||||||
12 | student's self-administration of a medical cannabis infused | ||||||
13 | product under the supervision of a school nurse or school | ||||||
14 | administrator under this subsection, the parent or guardian of | ||||||
15 | a student who is the registered qualifying patient must | ||||||
16 | provide written authorization for its use, along with a copy | ||||||
17 | of the registry identification card of the student (as a | ||||||
18 | registered qualifying patient) and the parent or guardian (as | ||||||
19 | a registered designated caregiver). The written authorization | ||||||
20 | must specify the times at which where or the special | ||||||
21 | circumstances under which the medical cannabis infused product | ||||||
22 | must be administered. The written authorization and a copy of | ||||||
23 | the registry identification cards must be kept on file in the | ||||||
24 | office of the school nurse. The authorization for a student to | ||||||
25 | self-administer medical cannabis infused products is effective | ||||||
26 | for the school year in which it is granted and must be renewed |
| |||||||
| |||||||
1 | each subsequent school year upon fulfillment of the | ||||||
2 | requirements of this Section. | ||||||
3 | (b-10) Medical cannabis infused products that are to be | ||||||
4 | administered under subsection (b-5) must be stored with the | ||||||
5 | school nurse at all times in a manner consistent with storage | ||||||
6 | of other student medication at the school and may be | ||||||
7 | accessible only by the school nurse or a school administrator. | ||||||
8 | (c) A parent or guardian or other individual may not | ||||||
9 | administer a medical cannabis infused product under this | ||||||
10 | Section in a manner that, in the opinion of the school district | ||||||
11 | or school, would create a disruption to the school's | ||||||
12 | educational environment or would cause exposure of the product | ||||||
13 | to other students. | ||||||
14 | (d) A school district or school may not discipline a | ||||||
15 | student who is administered a medical cannabis infused product | ||||||
16 | by a parent or guardian or other individual under this Section | ||||||
17 | or who self-administers a medical cannabis infused product | ||||||
18 | under the supervision of a school nurse or school | ||||||
19 | administrator under this Section and may not deny the | ||||||
20 | student's eligibility to attend school solely because the | ||||||
21 | student requires the administration of the product. | ||||||
22 | (e) Nothing in this Section requires a member of a | ||||||
23 | school's staff to administer a medical cannabis infused | ||||||
24 | product to a student. | ||||||
25 | (f) A school district, public school, charter school, or | ||||||
26 | nonpublic school may not authorize the use of a medical |
| |||||||
| |||||||
1 | cannabis infused product under this Section if the school | ||||||
2 | district or school would lose federal funding as a result of | ||||||
3 | the authorization. | ||||||
4 | (f-5) The State Board of Education, in consultation with | ||||||
5 | the Department of Public Health, must develop a training | ||||||
6 | curriculum for school nurses and school administrators on the | ||||||
7 | administration of medical cannabis infused products. Prior to | ||||||
8 | the administration of a medical cannabis infused product under | ||||||
9 | subsection (b-5), a school nurse or school administrator must | ||||||
10 | annually complete the training curriculum developed under this | ||||||
11 | subsection and must submit to the school's administration | ||||||
12 | proof of its completion. A school district, public school, | ||||||
13 | charter school, or nonpublic school must maintain records | ||||||
14 | related to the training curriculum and of the school nurses or | ||||||
15 | school administrators who have completed the training. | ||||||
16 | (g) A school district, public school, charter school, or | ||||||
17 | nonpublic school shall adopt a policy to implement
this | ||||||
18 | Section.
| ||||||
19 | (Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19; | ||||||
20 | 101-370, eff. 1-1-20; revised 10-7-19.)
| ||||||
21 | (105 ILCS 5/22-85) | ||||||
22 | Sec. 22-85. Sexual abuse at schools. | ||||||
23 | (a) The General Assembly finds that: | ||||||
24 | (1) investigation of a child regarding an incident of | ||||||
25 | sexual abuse can induce significant trauma for the child; |
| |||||||
| |||||||
1 | (2) it is desirable to prevent multiple interviews of | ||||||
2 | a child at a school; and | ||||||
3 | (3) it is important to recognize the role of | ||||||
4 | Children's Advocacy Centers in conducting developmentally | ||||||
5 | appropriate investigations. | ||||||
6 | (b) In this Section: | ||||||
7 | "Alleged incident of sexual abuse" is limited to an | ||||||
8 | incident of sexual abuse of a child that is alleged to have | ||||||
9 | been perpetrated by school personnel, including a school | ||||||
10 | vendor or volunteer, that occurred (i) on school grounds or | ||||||
11 | during a school activity or (ii) outside of school grounds or | ||||||
12 | not during a school activity. | ||||||
13 | "Appropriate law enforcement agency" means a law | ||||||
14 | enforcement agency whose employees have been involved, in some | ||||||
15 | capacity, with an investigation of a particular alleged | ||||||
16 | incident of sexual abuse. | ||||||
17 | (c) If a mandated reporter within a school has knowledge | ||||||
18 | of an alleged incident of sexual abuse, the reporter must call | ||||||
19 | the Department of Children and Family Services' hotline | ||||||
20 | established under Section 7.6 of the Abused and Neglected | ||||||
21 | Child Reporting Act immediately after obtaining the minimal | ||||||
22 | information necessary to make a report, including the names of | ||||||
23 | the affected parties and the allegations. The State Board of | ||||||
24 | Education must make available materials detailing the | ||||||
25 | information that is necessary to enable notification to the | ||||||
26 | Department of Children and Family Services of an alleged |
| |||||||
| |||||||
1 | incident of sexual abuse. Each school must ensure that | ||||||
2 | mandated reporters review the State Board of Education's | ||||||
3 | materials and materials developed by the Department of | ||||||
4 | Children and Family Services and distributed in the school | ||||||
5 | building under Section 7 of the Abused and Neglected Child | ||||||
6 | Reporting Act at least once annually. | ||||||
7 | (d) For schools in a county with an accredited Children's | ||||||
8 | Advocacy Center, every alleged incident of sexual abuse that | ||||||
9 | is reported to the Department of Children and Family Services' | ||||||
10 | hotline or a law enforcement agency and is subsequently | ||||||
11 | accepted for investigation must be referred by the entity that | ||||||
12 | received the report to the local Children's Advocacy Center | ||||||
13 | pursuant to that county's multidisciplinary team's protocol | ||||||
14 | under the Children's Advocacy Center Act for investigating | ||||||
15 | child sexual abuse allegations. | ||||||
16 | (e) A county's local Children's Advocacy Center must, at a | ||||||
17 | minimum, do both of the following regarding a referred case of | ||||||
18 | an alleged incident of sexual abuse: | ||||||
19 | (1) Coordinate the investigation of the alleged | ||||||
20 | incident, as governed by the local Children's Advocacy | ||||||
21 | Center's existing multidisciplinary team protocol and | ||||||
22 | according to National Children's Alliance accreditation | ||||||
23 | standards. | ||||||
24 | (2) Facilitate communication between the | ||||||
25 | multidisciplinary team investigating the alleged incident | ||||||
26 | of sexual abuse and, if applicable, the referring school's |
| |||||||
| |||||||
1 | (i) Title IX officer, or his or her designee, (ii) school | ||||||
2 | resource officer, or (iii) personnel leading the school's | ||||||
3 | investigation into the alleged incident of sexual abuse. | ||||||
4 | If a school uses a designated entity to investigate a | ||||||
5 | sexual abuse allegation, the multidisciplinary team may | ||||||
6 | correspond only with that entity and any reference in this | ||||||
7 | Section to "school" refers to that designated entity. This | ||||||
8 | facilitation of communication must, at a minimum, ensure | ||||||
9 | that all applicable parties have each other's contact | ||||||
10 | information and must share the county's local Children's | ||||||
11 | Advocacy Center's protocol regarding the process of | ||||||
12 | approving the viewing of a forensic interview, as defined | ||||||
13 | under Section 2.5 of the Children's Advocacy Center Act, | ||||||
14 | by school personnel and a contact person for questions | ||||||
15 | relating to the protocol. | ||||||
16 | (f) After an alleged incident of sexual abuse is accepted | ||||||
17 | for investigation by the Department of Children and Family | ||||||
18 | Services or a law enforcement agency and while the criminal | ||||||
19 | and child abuse investigations related to that alleged | ||||||
20 | incident are being conducted by the local multidisciplinary | ||||||
21 | team, the school relevant to the alleged incident of sexual | ||||||
22 | abuse must comply with both of the following: | ||||||
23 | (1) It may not interview the alleged victim regarding | ||||||
24 | details of the alleged incident of sexual abuse until | ||||||
25 | after the completion of the forensic interview of that | ||||||
26 | victim is conducted at a Children's Advocacy Center. This |
| |||||||
| |||||||
1 | paragraph does not prohibit a school from requesting | ||||||
2 | information from the alleged victim or his or her parent | ||||||
3 | or guardian to ensure the safety and well-being of the | ||||||
4 | alleged victim at school during an investigation. | ||||||
5 | (2) If asked by a law enforcement agency or an | ||||||
6 | investigator of the Department of Children and Family | ||||||
7 | Services who is conducting the investigation, it must | ||||||
8 | inform those individuals of any evidence the school has | ||||||
9 | gathered pertaining to an alleged incident of sexual | ||||||
10 | abuse, as permissible by federal or State law. | ||||||
11 | (g) After completion of a forensic interview, the | ||||||
12 | multidisciplinary team must notify the school relevant to the | ||||||
13 | alleged incident of sexual abuse of its completion. If, for | ||||||
14 | any reason, a multidisciplinary team determines it will not | ||||||
15 | conduct a forensic interview in a specific investigation, the | ||||||
16 | multidisciplinary team must notify the school as soon as the | ||||||
17 | determination is made. If a forensic interview has not been | ||||||
18 | conducted within 15 calendar days after opening an | ||||||
19 | investigation, the school may notify the multidisciplinary | ||||||
20 | team that it intends to interview the alleged victim. No later | ||||||
21 | than 10 calendar days after this notification, the | ||||||
22 | multidisciplinary team may conduct the forensic interview and, | ||||||
23 | if the multidisciplinary team does not conduct the interview, | ||||||
24 | the school may proceed with its interview. | ||||||
25 | (h) To the greatest extent possible considering student | ||||||
26 | safety and Title IX compliance, school personnel may view the |
| |||||||
| |||||||
1 | electronic recordings of a forensic interview of an alleged | ||||||
2 | victim of an incident of sexual abuse. As a means to avoid | ||||||
3 | additional interviews of an alleged victim, school personnel | ||||||
4 | must be granted viewing access to the electronic recording of | ||||||
5 | a forensic interview conducted at an accredited Children's | ||||||
6 | Advocacy Center for an alleged incident of sexual abuse only | ||||||
7 | if the school receives (i) approval from the multidisciplinary | ||||||
8 | team investigating the case and (ii) informed consent by a | ||||||
9 | child over the age of 13 or the child's parent or guardian. | ||||||
10 | Each county's local Children's Advocacy Center and | ||||||
11 | multidisciplinary team must establish an internal protocol | ||||||
12 | regarding the process of approving the viewing of the forensic | ||||||
13 | interview, and this process and the contact person must be | ||||||
14 | shared with the school contact at the time of the initial | ||||||
15 | facilitation. Whenever possible, the school's viewing of the | ||||||
16 | electronic recording of a forensic interview should be | ||||||
17 | conducted in lieu of the need for additional interviews. | ||||||
18 | (i) For an alleged incident of sexual abuse that has been | ||||||
19 | accepted for investigation by a multidisciplinary team, if, | ||||||
20 | during the course of its internal investigation and at any | ||||||
21 | point during or after the multidisciplinary team's | ||||||
22 | investigation, the school determines that it needs to | ||||||
23 | interview the alleged victim to successfully complete its | ||||||
24 | investigation and the victim is under 18 years of age, a child | ||||||
25 | advocate must be made available to the student and may be | ||||||
26 | present during the school's interview. A child advocate may be |
| |||||||
| |||||||
1 | a school social worker, a school or equally qualified | ||||||
2 | psychologist, or a person in a position the State Board of | ||||||
3 | Education has identified as an appropriate advocate for the | ||||||
4 | student during a school's investigation into an alleged | ||||||
5 | incident of sexual abuse. | ||||||
6 | (j) The Department of Children and Family Services must | ||||||
7 | notify the relevant school when an agency investigation of an | ||||||
8 | alleged incident of sexual abuse is complete. The notification | ||||||
9 | must include information on the outcome of that investigation. | ||||||
10 | (k) The appropriate law enforcement agency must notify the | ||||||
11 | relevant school when an agency investigation of an alleged | ||||||
12 | incident of sexual abuse is complete or has been suspended. | ||||||
13 | The notification must include information on the outcome of | ||||||
14 | that investigation. | ||||||
15 | (l) This Section applies to all schools operating under | ||||||
16 | this Code, including, but not limited to, public schools | ||||||
17 | located in cities having a population of more than 500,000, a | ||||||
18 | school operated pursuant to an agreement with a public school | ||||||
19 | district, alternative schools operated by third parties, an | ||||||
20 | alternative learning opportunities program, a public school | ||||||
21 | administered by a local public agency or the Department of | ||||||
22 | Human Services, charter schools operating under the authority | ||||||
23 | of Article 27A, and non-public schools recognized by the State | ||||||
24 | Board of Education.
| ||||||
25 | (Source: P.A. 101-531, eff. 8-23-19.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/22-87) | ||||||
2 | Sec. 22-87 22-85 . Graduation requirements; Free | ||||||
3 | Application for Federal Student Aid. | ||||||
4 | (a) Beginning with the 2020-2021 school year, in addition | ||||||
5 | to any other requirements under this Code, as a prerequisite | ||||||
6 | to receiving a high school diploma from a public high school, | ||||||
7 | the parent or guardian of each student or, if a student is at | ||||||
8 | least 18 years of age or legally emancipated, the student must | ||||||
9 | comply with either of the following: | ||||||
10 | (1) File a Free Application for Federal Student Aid | ||||||
11 | with the United States Department of Education or, if | ||||||
12 | applicable, an application for State financial aid. | ||||||
13 | (2) On a form created by the State Board of Education, | ||||||
14 | file a waiver with the student's school district | ||||||
15 | indicating that the parent or guardian or, if applicable, | ||||||
16 | the student understands what the Free Application for | ||||||
17 | Federal Student Aid and application for State financial | ||||||
18 | aid are and has chosen not to file an application under | ||||||
19 | paragraph (1). | ||||||
20 | (b) Each school district with a high school must require | ||||||
21 | each high school student to comply with this Section and must | ||||||
22 | provide to each high school student and, if applicable, his or | ||||||
23 | her parent or guardian any support or assistance necessary to | ||||||
24 | comply with this Section. A school district must award a high | ||||||
25 | school diploma to a student who is unable to meet the | ||||||
26 | requirements of subsection (a) due to extenuating |
| |||||||
| |||||||
1 | circumstances, as determined by the school district, if (i) | ||||||
2 | the student has met all other graduation requirements under | ||||||
3 | this Code and (ii) the principal attests that the school | ||||||
4 | district has made a good faith effort to assist the student or, | ||||||
5 | if applicable, his or her parent or guardian in filing an | ||||||
6 | application or a waiver under subsection (a). | ||||||
7 | (c) The State Board of Education may adopt rules to | ||||||
8 | implement this Section.
| ||||||
9 | (Source: P.A. 101-180, eff. 6-1-20; revised 8-4-20.)
| ||||||
10 | (105 ILCS 5/22-88) | ||||||
11 | Sec. 22-88 22-85 . Parental notification of law enforcement | ||||||
12 | detainment and questioning on school grounds. | ||||||
13 | (a) In this Section, "school grounds" means the real | ||||||
14 | property comprising an active and operational elementary or | ||||||
15 | secondary school during the regular hours in which school is | ||||||
16 | in session and when students are present. | ||||||
17 | (b) Before detaining and questioning a student on school | ||||||
18 | grounds who is under 18 years of age and who is suspected of | ||||||
19 | committing a criminal act, a law enforcement officer, a school | ||||||
20 | resource officer, or other school security personnel must do | ||||||
21 | all of the following: | ||||||
22 | (1) Ensure that notification or attempted notification | ||||||
23 | of the student's parent or guardian is made. | ||||||
24 | (2) Document the time and manner in which the | ||||||
25 | notification or attempted notification under paragraph (1) |
| |||||||
| |||||||
1 | occurred. | ||||||
2 | (3) Make reasonable efforts to ensure that the | ||||||
3 | student's parent or guardian is present during the | ||||||
4 | questioning or, if the parent or guardian is not present, | ||||||
5 | ensure that school personnel, including, but not limited | ||||||
6 | to, a school social worker, a school psychologist, a | ||||||
7 | school nurse, a school guidance counselor, or any other | ||||||
8 | mental health professional, are present during the | ||||||
9 | questioning. | ||||||
10 | (4) If practicable, make reasonable efforts to ensure | ||||||
11 | that a law enforcement officer trained in promoting safe | ||||||
12 | interactions and communications with youth is present | ||||||
13 | during the questioning. An officer who received training | ||||||
14 | in youth investigations approved or certified by his or | ||||||
15 | her law enforcement agency or under Section 10.22 of the | ||||||
16 | Police Training Act or a juvenile police officer, as | ||||||
17 | defined under Section 1-3 of the Juvenile Court Act of | ||||||
18 | 1987, satisfies the requirement under this paragraph. | ||||||
19 | (c) This Section does not limit the authority of a law | ||||||
20 | enforcement officer to make an arrest on school grounds. This | ||||||
21 | Section does not apply to circumstances that would cause a | ||||||
22 | reasonable person to believe that urgent and immediate action | ||||||
23 | is necessary to do any of the following: | ||||||
24 | (1) Prevent bodily harm or injury to the student or | ||||||
25 | any other person. | ||||||
26 | (2) Apprehend an armed or fleeing suspect. |
| |||||||
| |||||||
1 | (3) Prevent the destruction of evidence. | ||||||
2 | (4) Address an emergency or other dangerous situation.
| ||||||
3 | (Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
| ||||||
4 | (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) | ||||||
5 | Sec. 24A-7. Rules. The State Board of Education is | ||||||
6 | authorized to adopt such rules as
are deemed necessary to | ||||||
7 | implement and accomplish the purposes and
provisions of this | ||||||
8 | Article, including, but not limited to, rules : | ||||||
9 | (1) (i) relating to the methods for measuring student | ||||||
10 | growth (including, but not limited to, limitations on the | ||||||
11 | age of usable useable data; the amount of data needed to | ||||||
12 | reliably and validly measure growth for the purpose of | ||||||
13 | teacher and principal evaluations; and whether and at what | ||||||
14 | time annual State assessments may be used as one of | ||||||
15 | multiple measures of student growth) ; | ||||||
16 | (2) , (ii) defining the term "significant factor" for | ||||||
17 | purposes of including consideration of student growth in | ||||||
18 | performance ratings ; | ||||||
19 | (3) , (iii) controlling for such factors as student | ||||||
20 | characteristics (including, but not limited to, students | ||||||
21 | receiving special education and English Language Learner | ||||||
22 | services), student attendance, and student mobility so as | ||||||
23 | to best measure the impact that a teacher, principal, | ||||||
24 | school and school district has on students' academic | ||||||
25 | achievement ; |
| |||||||
| |||||||
1 | (4) , (iv) establishing minimum requirements for | ||||||
2 | district teacher and principal evaluation instruments and | ||||||
3 | procedures ; , and | ||||||
4 | (5) (v) establishing a model evaluation plan for use | ||||||
5 | by school districts in which student growth shall comprise | ||||||
6 | 50% of the performance rating. | ||||||
7 | Notwithstanding any other provision in this Section, such | ||||||
8 | rules shall not preclude a school district having 500,000 or | ||||||
9 | more inhabitants from using an annual State assessment as the | ||||||
10 | sole measure of student growth for purposes of teacher or | ||||||
11 | principal evaluations. | ||||||
12 | The State Superintendent of Education shall convene a | ||||||
13 | Performance Evaluation Advisory Council, which shall be | ||||||
14 | staffed by the State Board of Education. Members of the | ||||||
15 | Council shall be selected by the State Superintendent and | ||||||
16 | include, without limitation, representatives of teacher unions | ||||||
17 | and school district management, persons with expertise in | ||||||
18 | performance evaluation processes and systems, as well as other | ||||||
19 | stakeholders. The Council shall meet at least quarterly , and | ||||||
20 | may also meet at the call of the chairperson of the Council, | ||||||
21 | following August 18, 2017 ( the effective date of Public Act | ||||||
22 | 100-211) this amendatory Act of the 100th General Assembly | ||||||
23 | until June 30, 2021. The Council shall advise the State Board | ||||||
24 | of Education on the ongoing implementation of performance | ||||||
25 | evaluations in this State, which may include gathering public | ||||||
26 | feedback, sharing best practices, consulting with the State |
| |||||||
| |||||||
1 | Board on any proposed rule changes regarding evaluations, and | ||||||
2 | other subjects as determined by the chairperson of the | ||||||
3 | Council. | ||||||
4 | Prior to the applicable implementation date, these rules | ||||||
5 | shall not apply to teachers assigned to schools identified in | ||||||
6 | an agreement entered into between the board of a school | ||||||
7 | district operating under Article 34 of this Code and the | ||||||
8 | exclusive representative of the district's teachers in | ||||||
9 | accordance with Section 34-85c of this Code. | ||||||
10 | (Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)
| ||||||
11 | (105 ILCS 5/27-23.13) | ||||||
12 | Sec. 27-23.13. Hunting safety. A school district may offer | ||||||
13 | its students a course on hunting safety as part of its | ||||||
14 | curriculum during the school day or as part of an after-school | ||||||
15 | program. The State Board of Education may prepare and make | ||||||
16 | available to school boards resources on hunting safety that | ||||||
17 | may be used as guidelines for the development of a course under | ||||||
18 | this Section.
| ||||||
19 | (Source: P.A. 101-152, eff. 7-26-19.)
| ||||||
20 | (105 ILCS 5/27-23.14) | ||||||
21 | Sec. 27-23.14 27-23.13 . Workplace preparation course. A | ||||||
22 | school district that maintains any of grades 9 through 12 may | ||||||
23 | include in its high school curriculum a unit of instruction on | ||||||
24 | workplace preparation that covers legal protections in the |
| |||||||
| |||||||
1 | workplace, including protection against sexual harassment and | ||||||
2 | racial and other forms of discrimination and other protections | ||||||
3 | for employees. A school board may determine the minimum amount | ||||||
4 | of instruction time that qualifies as a unit of instruction | ||||||
5 | under this Section.
| ||||||
6 | (Source: P.A. 101-347, eff. 1-1-20; revised 9-25-19.)
| ||||||
7 | (105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
| ||||||
8 | Sec. 27-24.1. Definitions. As used in the Driver Education | ||||||
9 | Act unless the context otherwise
requires:
| ||||||
10 | "State Board" means the State Board of Education . ;
| ||||||
11 | "Driver education course" and "course" means a course of | ||||||
12 | instruction
in the use and operation of cars, including | ||||||
13 | instruction in the safe
operation of cars and rules of the road | ||||||
14 | and the laws of this State
relating to motor vehicles, which | ||||||
15 | meets the minimum requirements of this
Act and the rules and | ||||||
16 | regulations issued thereunder by the
State Board and has been | ||||||
17 | approved by the State
Board as meeting
such requirements . ;
| ||||||
18 | "Car" means a motor vehicle of the first division as | ||||||
19 | defined in the
Illinois Vehicle Code . ;
| ||||||
20 | "Motorcycle" or "motor driven cycle" means such a vehicle | ||||||
21 | as defined
in the Illinois Vehicle Code . ;
| ||||||
22 | "Driver's license" means any license or permit issued by | ||||||
23 | the
Secretary of State under Chapter 6 of the Illinois Vehicle | ||||||
24 | Code.
| ||||||
25 | "Distance learning program" means a program of study in |
| |||||||
| |||||||
1 | which all participating teachers and students do not | ||||||
2 | physically meet in the classroom and instead use the Internet, | ||||||
3 | email, or any other method other than the classroom to provide | ||||||
4 | instruction. | ||||||
5 | With reference to persons, the singular number includes | ||||||
6 | the plural
and vice versa, and the masculine gender includes | ||||||
7 | the feminine.
| ||||||
8 | (Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
| ||||||
9 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | ||||||
10 | Sec. 27-24.2. Safety education; driver education course. | ||||||
11 | Instruction shall be given in safety education in each of | ||||||
12 | grades one through 8, equivalent to one class period each | ||||||
13 | week, and any school district which maintains
grades 9 through | ||||||
14 | 12 shall offer a driver education course in any such school
| ||||||
15 | which it operates. Its curriculum shall include content | ||||||
16 | dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois | ||||||
17 | Vehicle Code, the rules adopted pursuant to those Chapters | ||||||
18 | insofar as they pertain to the operation of motor vehicles, | ||||||
19 | and the portions of the Litter Control Act relating to the | ||||||
20 | operation of motor vehicles. The course of instruction given | ||||||
21 | in grades 10 through 12 shall include an emphasis on the | ||||||
22 | development of knowledge, attitudes, habits, and skills | ||||||
23 | necessary for the safe operation of motor vehicles, including | ||||||
24 | motorcycles insofar as they can be taught in the classroom, | ||||||
25 | and instruction on distracted driving as a major traffic |
| |||||||
| |||||||
1 | safety issue. In addition, the course shall include | ||||||
2 | instruction on special hazards existing at and required safety | ||||||
3 | and driving precautions that must be observed at emergency | ||||||
4 | situations, highway construction and maintenance zones, and | ||||||
5 | railroad crossings and the approaches thereto. Beginning with | ||||||
6 | the 2017-2018 school year, the course shall also include | ||||||
7 | instruction concerning law enforcement procedures for traffic | ||||||
8 | stops, including a demonstration of the proper actions to be | ||||||
9 | taken during a traffic stop and appropriate interactions with | ||||||
10 | law enforcement. The course of instruction required of each | ||||||
11 | eligible student at the high school level shall consist of a | ||||||
12 | minimum of 30 clock hours of classroom instruction and a | ||||||
13 | minimum of 6 clock hours of individual behind-the-wheel | ||||||
14 | instruction in a dual control car on public roadways taught by | ||||||
15 | a driver education instructor endorsed by the State Board of | ||||||
16 | Education. A school district's decision to allow a student to | ||||||
17 | take a portion of the driver education course through a | ||||||
18 | distance learning program must be determined on a case-by-case | ||||||
19 | basis and must be approved by the school's administration, | ||||||
20 | including the student's driver education teacher, and the | ||||||
21 | student's parent or guardian. Under no circumstances may the | ||||||
22 | student take the entire driver education course through a | ||||||
23 | distance learning program. Both the classroom instruction part | ||||||
24 | and the practice driving
part of a driver education course | ||||||
25 | shall be open to a resident or
non-resident student attending | ||||||
26 | a non-public school in the district wherein the
course is |
| |||||||
| |||||||
1 | offered. Each student attending any public or non-public high | ||||||
2 | school
in the district must receive a passing grade in at least | ||||||
3 | 8 courses during the
previous 2 semesters prior to enrolling | ||||||
4 | in a driver education course, or the
student shall not be | ||||||
5 | permitted to enroll in the course; provided that the local
| ||||||
6 | superintendent of schools (with respect to a student attending | ||||||
7 | a public high
school in the district) or chief school | ||||||
8 | administrator (with respect to a
student attending a | ||||||
9 | non-public high school in the district) may waive the
| ||||||
10 | requirement if the superintendent or chief school | ||||||
11 | administrator, as the case
may be, deems it to be in the best | ||||||
12 | interest of the student. A student may be allowed to commence | ||||||
13 | the
classroom instruction part of such driver education course | ||||||
14 | prior to reaching
age 15 if such student then will be eligible | ||||||
15 | to complete the entire course
within 12 months after being | ||||||
16 | allowed to commence such classroom instruction. | ||||||
17 | A school district may offer a driver education course in a | ||||||
18 | school by contracting with a commercial driver training school | ||||||
19 | to provide both the classroom instruction part and the | ||||||
20 | practice driving part or either one without having to request | ||||||
21 | a modification or waiver of administrative rules of the State | ||||||
22 | Board of Education if the school district approves the action | ||||||
23 | during a public hearing on whether to enter into a contract | ||||||
24 | with a commercial driver training school. The public hearing | ||||||
25 | shall be held at a regular or special school board meeting | ||||||
26 | prior to entering into such a contract. If a school district |
| |||||||
| |||||||
1 | chooses to approve a contract with a commercial driver | ||||||
2 | training school, then the district must provide evidence to | ||||||
3 | the State Board of Education that the commercial driver | ||||||
4 | training school with which it will contract holds a license | ||||||
5 | issued by the Secretary of State under Article IV of Chapter 6 | ||||||
6 | of the Illinois Vehicle Code and that each instructor employed | ||||||
7 | by the commercial driver training school to provide | ||||||
8 | instruction to students served by the school district holds a | ||||||
9 | valid teaching license issued under the requirements of this | ||||||
10 | Code and rules of the State Board of Education. Such evidence | ||||||
11 | must include, but need not be limited to, a list of each | ||||||
12 | instructor assigned to teach students served by the school | ||||||
13 | district, which list shall include the instructor's name, | ||||||
14 | personal identification number as required by the State Board | ||||||
15 | of Education, birth date, and driver's license number. Once | ||||||
16 | the contract is entered into, the school district shall notify | ||||||
17 | the State Board of Education of any changes in the personnel | ||||||
18 | providing instruction either (i) within 15 calendar days after | ||||||
19 | an instructor leaves the program or (ii) before a new | ||||||
20 | instructor is hired. Such notification shall include the | ||||||
21 | instructor's name, personal identification number as required | ||||||
22 | by the State Board of Education, birth date, and driver's | ||||||
23 | license number. If the school district maintains an Internet | ||||||
24 | website, then the district shall post a copy of the final | ||||||
25 | contract between the district and the commercial driver | ||||||
26 | training school on the district's Internet website. If no |
| |||||||
| |||||||
1 | Internet website exists, then the school district shall make | ||||||
2 | available the contract upon request. A record of all materials | ||||||
3 | in relation to the contract must be maintained by the school | ||||||
4 | district and made available to parents and guardians upon | ||||||
5 | request. The instructor's date of birth and driver's license | ||||||
6 | number and any other personally identifying information as | ||||||
7 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
8 | must be redacted from any public materials. | ||||||
9 | Such a course may be commenced immediately after the | ||||||
10 | completion of a prior
course. Teachers of such courses shall | ||||||
11 | meet the licensure requirements of
this Code and regulations | ||||||
12 | of the State Board as to qualifications. Except for a contract | ||||||
13 | with a Certified Driver Rehabilitation Specialist, a school | ||||||
14 | district that contracts with a third party to teach a driver | ||||||
15 | education course under this Section must ensure the teacher | ||||||
16 | meets the educator licensure and endorsement requirements | ||||||
17 | under Article 21B and must follow the same evaluation and | ||||||
18 | observation requirements that apply to non-tenured teachers | ||||||
19 | under Article 24A. The teacher evaluation must be conducted by | ||||||
20 | a school administrator employed by the school district and | ||||||
21 | must be submitted annually to the district superintendent and | ||||||
22 | all school board members for oversight purposes. | ||||||
23 | Subject to rules of the State Board of Education, the | ||||||
24 | school district may charge a reasonable fee, not to exceed | ||||||
25 | $50, to students who participate in the course, unless a | ||||||
26 | student is unable to pay for such a course, in which event the |
| |||||||
| |||||||
1 | fee for such a student must be waived. However, the district | ||||||
2 | may increase this fee to an amount not to exceed $250 by school | ||||||
3 | board resolution following a public hearing on the increase, | ||||||
4 | which increased fee must be waived for students who | ||||||
5 | participate in the course and are unable to pay for the course. | ||||||
6 | The total amount from driver education fees and reimbursement | ||||||
7 | from the State for driver education must not exceed the total | ||||||
8 | cost of the driver education program in any year and must be | ||||||
9 | deposited into the school district's driver education fund as | ||||||
10 | a separate line item budget entry. All moneys deposited into | ||||||
11 | the school district's driver education fund must be used | ||||||
12 | solely for the funding of a high school driver education | ||||||
13 | program approved by the State Board of Education that uses | ||||||
14 | driver education instructors endorsed by the State Board of | ||||||
15 | Education. | ||||||
16 | (Source: P.A. 100-465, eff. 8-31-17; 101-183, eff. 8-2-19; | ||||||
17 | 101-450, eff. 8-23-19; revised 9-19-19.)
| ||||||
18 | (105 ILCS 5/27A-5)
| ||||||
19 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
20 | (a) A charter school shall be a public, nonsectarian, | ||||||
21 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
22 | school shall be organized and operated
as a nonprofit | ||||||
23 | corporation or other discrete, legal, nonprofit entity
| ||||||
24 | authorized under the laws of the State of Illinois.
| ||||||
25 | (b) A charter school may be established under this Article |
| |||||||
| |||||||
1 | by creating a new
school or by converting an existing public | ||||||
2 | school or attendance center to
charter
school status.
| ||||||
3 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
4 | 93-3), in all new
applications to establish
a charter
school | ||||||
5 | in a city having a population exceeding 500,000, operation of | ||||||
6 | the
charter
school shall be limited to one campus. The changes | ||||||
7 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
8 | schools existing or approved on or before April 16, 2003 (the
| ||||||
9 | effective date of Public Act 93-3). | ||||||
10 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
11 | a cyber school where students engage in online curriculum and | ||||||
12 | instruction via the Internet and electronic communication with | ||||||
13 | their teachers at remote locations and with students | ||||||
14 | participating at different times. | ||||||
15 | From April 1, 2013 through December 31, 2016, there is a | ||||||
16 | moratorium on the establishment of charter schools with | ||||||
17 | virtual-schooling components in school districts other than a | ||||||
18 | school district organized under Article 34 of this Code. This | ||||||
19 | moratorium does not apply to a charter school with | ||||||
20 | virtual-schooling components existing or approved prior to | ||||||
21 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
22 | school with virtual-schooling components already approved | ||||||
23 | prior to April 1, 2013.
| ||||||
24 | (c) A charter school shall be administered and governed by | ||||||
25 | its board of
directors or other governing body
in the manner | ||||||
26 | provided in its charter. The governing body of a charter |
| |||||||
| |||||||
1 | school
shall be subject to the Freedom of Information Act and | ||||||
2 | the Open Meetings Act. No later than January 1, 2021 ( one year | ||||||
3 | after the effective date of Public Act 101-291) this | ||||||
4 | amendatory Act of the 101st General Assembly , a charter | ||||||
5 | school's board of directors or other governing body must | ||||||
6 | include at least one parent or guardian of a pupil currently | ||||||
7 | enrolled in the charter school who may be selected through the | ||||||
8 | charter school or a charter network election, appointment by | ||||||
9 | the charter school's board of directors or other governing | ||||||
10 | body, or by the charter school's Parent Teacher Organization | ||||||
11 | or its equivalent. | ||||||
12 | (c-5) No later than January 1, 2021 ( one year after the | ||||||
13 | effective date of Public Act 101-291) this amendatory Act of | ||||||
14 | the 101st General Assembly or within the first year of his or | ||||||
15 | her first term, every voting member of a charter school's | ||||||
16 | board of directors or other governing body shall complete a | ||||||
17 | minimum of 4 hours of professional development leadership | ||||||
18 | training to ensure that each member has sufficient familiarity | ||||||
19 | with the board's or governing body's role and | ||||||
20 | responsibilities, including financial oversight and | ||||||
21 | accountability of the school, evaluating the principal's and | ||||||
22 | school's performance, adherence to the Freedom of Information | ||||||
23 | Act and the Open Meetings Act Acts , and compliance with | ||||||
24 | education and labor law. In each subsequent year of his or her | ||||||
25 | term, a voting member of a charter school's board of directors | ||||||
26 | or other governing body shall complete a minimum of 2 hours of |
| |||||||
| |||||||
1 | professional development training in these same areas. The | ||||||
2 | training under this subsection may be provided or certified by | ||||||
3 | a statewide charter school membership association or may be | ||||||
4 | provided or certified by other qualified providers approved by | ||||||
5 | the State Board of Education.
| ||||||
6 | (d) For purposes of this subsection (d), "non-curricular | ||||||
7 | health and safety requirement" means any health and safety | ||||||
8 | requirement created by statute or rule to provide, maintain, | ||||||
9 | preserve, or safeguard safe or healthful conditions for | ||||||
10 | students and school personnel or to eliminate, reduce, or | ||||||
11 | prevent threats to the health and safety of students and | ||||||
12 | school personnel. "Non-curricular health and safety | ||||||
13 | requirement" does not include any course of study or | ||||||
14 | specialized instructional requirement for which the State | ||||||
15 | Board has established goals and learning standards or which is | ||||||
16 | designed primarily to impart knowledge and skills for students | ||||||
17 | to master and apply as an outcome of their education. | ||||||
18 | A charter school shall comply with all non-curricular | ||||||
19 | health and safety
requirements applicable to public schools | ||||||
20 | under the laws of the State of
Illinois. On or before September | ||||||
21 | 1, 2015, the State Board shall promulgate and post on its | ||||||
22 | Internet website a list of non-curricular health and safety | ||||||
23 | requirements that a charter school must meet. The list shall | ||||||
24 | be updated annually no later than September 1. Any charter | ||||||
25 | contract between a charter school and its authorizer must | ||||||
26 | contain a provision that requires the charter school to follow |
| |||||||
| |||||||
1 | the list of all non-curricular health and safety requirements | ||||||
2 | promulgated by the State Board and any non-curricular health | ||||||
3 | and safety requirements added by the State Board to such list | ||||||
4 | during the term of the charter. Nothing in this subsection (d) | ||||||
5 | precludes an authorizer from including non-curricular health | ||||||
6 | and safety requirements in a charter school contract that are | ||||||
7 | not contained in the list promulgated by the State Board, | ||||||
8 | including non-curricular health and safety requirements of the | ||||||
9 | authorizing local school board.
| ||||||
10 | (e) Except as otherwise provided in the School Code, a | ||||||
11 | charter school shall
not charge tuition; provided that a | ||||||
12 | charter school may charge reasonable fees
for textbooks, | ||||||
13 | instructional materials, and student activities.
| ||||||
14 | (f) A charter school shall be responsible for the | ||||||
15 | management and operation
of its fiscal affairs including,
but | ||||||
16 | not limited to, the preparation of its budget. An audit of each | ||||||
17 | charter
school's finances shall be conducted annually by an | ||||||
18 | outside, independent
contractor retained by the charter | ||||||
19 | school. To ensure financial accountability for the use of | ||||||
20 | public funds, on or before December 1 of every year of | ||||||
21 | operation, each charter school shall submit to its authorizer | ||||||
22 | and the State Board a copy of its audit and a copy of the Form | ||||||
23 | 990 the charter school filed that year with the federal | ||||||
24 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
25 | proper financial oversight of the charter school, an | ||||||
26 | authorizer may require quarterly financial statements from |
| |||||||
| |||||||
1 | each charter school.
| ||||||
2 | (g) A charter school shall comply with all provisions of | ||||||
3 | this Article, the Illinois Educational Labor Relations Act, | ||||||
4 | all federal and State laws and rules applicable to public | ||||||
5 | schools that pertain to special education and the instruction | ||||||
6 | of English learners, and
its charter. A charter
school is | ||||||
7 | exempt from all other State laws and regulations in this Code
| ||||||
8 | governing public
schools and local school board policies; | ||||||
9 | however, a charter school is not exempt from the following:
| ||||||
10 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
11 | regarding criminal
history records checks and checks of | ||||||
12 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
13 | and Violent Offender Against Youth Database of applicants | ||||||
14 | for employment;
| ||||||
15 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
16 | 34-84a of this Code regarding discipline of
students;
| ||||||
17 | (3) the Local Governmental and Governmental Employees | ||||||
18 | Tort Immunity Act;
| ||||||
19 | (4) Section 108.75 of the General Not For Profit | ||||||
20 | Corporation Act of 1986
regarding indemnification of | ||||||
21 | officers, directors, employees, and agents;
| ||||||
22 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
23 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
24 | subsection (b) of Section 34-18.6 of this Code; | ||||||
25 | (6) the Illinois School Student Records Act;
| ||||||
26 | (7) Section 10-17a of this Code regarding school |
| |||||||
| |||||||
1 | report cards;
| ||||||
2 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
3 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
4 | prevention; | ||||||
5 | (10) Section 2-3.162 of this Code regarding student | ||||||
6 | discipline reporting; | ||||||
7 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
8 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
9 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
10 | (14) Section 26-18 of this Code; | ||||||
11 | (15) Section 22-30 of this Code; and | ||||||
12 | (16) Sections 24-12 and 34-85 of this Code ; and . | ||||||
13 | (17) the (16) The Seizure Smart School Act. | ||||||
14 | The change made by Public Act 96-104 to this subsection | ||||||
15 | (g) is declaratory of existing law. | ||||||
16 | (h) A charter school may negotiate and contract with a | ||||||
17 | school district, the
governing body of a State college or | ||||||
18 | university or public community college, or
any other public or | ||||||
19 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
20 | school building and grounds or any other real property or | ||||||
21 | facilities that
the charter school desires to use or convert | ||||||
22 | for use as a charter school site,
(ii) the operation and | ||||||
23 | maintenance thereof, and
(iii) the provision of any service, | ||||||
24 | activity, or undertaking that the charter
school is required | ||||||
25 | to perform in order to carry out the terms of its charter.
| ||||||
26 | However, a charter school
that is established on
or
after |
| |||||||
| |||||||
1 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
2 | operates
in a city having a population exceeding
500,000 may | ||||||
3 | not contract with a for-profit entity to
manage or operate the | ||||||
4 | school during the period that commences on April 16, 2003 (the
| ||||||
5 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
6 | the 2004-2005 school year.
Except as provided in subsection | ||||||
7 | (i) of this Section, a school district may
charge a charter | ||||||
8 | school reasonable rent for the use of the district's
| ||||||
9 | buildings, grounds, and facilities. Any services for which a | ||||||
10 | charter school
contracts
with a school district shall be | ||||||
11 | provided by the district at cost. Any services
for which a | ||||||
12 | charter school contracts with a local school board or with the
| ||||||
13 | governing body of a State college or university or public | ||||||
14 | community college
shall be provided by the public entity at | ||||||
15 | cost.
| ||||||
16 | (i) In no event shall a charter school that is established | ||||||
17 | by converting an
existing school or attendance center to | ||||||
18 | charter school status be required to
pay rent for space
that is | ||||||
19 | deemed available, as negotiated and provided in the charter | ||||||
20 | agreement,
in school district
facilities. However, all other | ||||||
21 | costs for the operation and maintenance of
school district | ||||||
22 | facilities that are used by the charter school shall be | ||||||
23 | subject
to negotiation between
the charter school and the | ||||||
24 | local school board and shall be set forth in the
charter.
| ||||||
25 | (j) A charter school may limit student enrollment by age | ||||||
26 | or grade level.
|
| |||||||
| |||||||
1 | (k) If the charter school is approved by the State Board or | ||||||
2 | Commission, then the charter school is its own local education | ||||||
3 | agency. | ||||||
4 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
5 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
6 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
7 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
8 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
| ||||||
9 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
10 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
11 | general
supervision and jurisdiction over the public education | ||||||
12 | and the public
school system of the city, and, except as | ||||||
13 | otherwise provided by this
Article, shall have power:
| ||||||
14 | 1. To make suitable provision for the establishment | ||||||
15 | and maintenance
throughout the year or for such portion | ||||||
16 | thereof as it may direct, not
less than 9 months and in | ||||||
17 | compliance with Section 10-19.05, of schools of all grades | ||||||
18 | and kinds, including normal
schools, high schools, night | ||||||
19 | schools, schools for defectives and
delinquents, parental | ||||||
20 | and truant schools, schools for the blind, the
deaf , and | ||||||
21 | persons with physical disabilities, schools or classes in | ||||||
22 | manual training,
constructural and vocational teaching, | ||||||
23 | domestic arts , and physical
culture, vocation and | ||||||
24 | extension schools and lecture courses, and all
other | ||||||
25 | educational courses and facilities, including |
| |||||||
| |||||||
1 | establishing,
equipping, maintaining and operating | ||||||
2 | playgrounds and recreational
programs, when such programs | ||||||
3 | are conducted in, adjacent to, or connected
with any | ||||||
4 | public school under the general supervision and | ||||||
5 | jurisdiction
of the board; provided that the calendar for | ||||||
6 | the school term and any changes must be submitted to and | ||||||
7 | approved by the State Board of Education before the | ||||||
8 | calendar or changes may take effect, and provided that in | ||||||
9 | allocating funds
from year to year for the operation of | ||||||
10 | all attendance centers within the
district, the board | ||||||
11 | shall ensure that supplemental general State aid or | ||||||
12 | supplemental grant funds
are allocated and applied in | ||||||
13 | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| ||||||
14 | admit to such
schools without charge foreign exchange | ||||||
15 | students who are participants in
an organized exchange | ||||||
16 | student program which is authorized by the board.
The | ||||||
17 | board shall permit all students to enroll in | ||||||
18 | apprenticeship programs
in trade schools operated by the | ||||||
19 | board, whether those programs are
union-sponsored or not. | ||||||
20 | No student shall be refused admission into or
be excluded | ||||||
21 | from any course of instruction offered in the common | ||||||
22 | schools
by reason of that student's sex. No student shall | ||||||
23 | be denied equal
access to physical education and | ||||||
24 | interscholastic athletic programs
supported from school | ||||||
25 | district funds or denied participation in
comparable | ||||||
26 | physical education and athletic programs solely by reason |
| |||||||
| |||||||
1 | of
the student's sex. Equal access to programs supported | ||||||
2 | from school
district funds and comparable programs will be | ||||||
3 | defined in rules
promulgated by the State Board of | ||||||
4 | Education in
consultation with the Illinois High School | ||||||
5 | Association.
Notwithstanding any other provision of this | ||||||
6 | Article, neither the board
of education nor any local | ||||||
7 | school council or other school official shall
recommend | ||||||
8 | that children with disabilities be placed into regular | ||||||
9 | education
classrooms unless those children with | ||||||
10 | disabilities are provided with
supplementary services to | ||||||
11 | assist them so that they benefit from the regular
| ||||||
12 | classroom instruction and are included on the teacher's | ||||||
13 | regular education
class register;
| ||||||
14 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
15 | charge
therefor, and to use school funds for the payment | ||||||
16 | of such expenses as
the board may determine are necessary | ||||||
17 | in conducting the school lunch
program;
| ||||||
18 | 3. To co-operate with the circuit court;
| ||||||
19 | 4. To make arrangements with the public or | ||||||
20 | quasi-public libraries
and museums for the use of their | ||||||
21 | facilities by teachers and pupils of
the public schools;
| ||||||
22 | 5. To employ dentists and prescribe their duties for | ||||||
23 | the purpose of
treating the pupils in the schools, but | ||||||
24 | accepting such treatment shall
be optional with parents or | ||||||
25 | guardians;
| ||||||
26 | 6. To grant the use of assembly halls and classrooms |
| |||||||
| |||||||
1 | when not
otherwise needed, including light, heat, and | ||||||
2 | attendants, for free public
lectures, concerts, and other | ||||||
3 | educational and social interests, free of
charge, under | ||||||
4 | such provisions and control as the principal of the
| ||||||
5 | affected attendance center may prescribe;
| ||||||
6 | 7. To apportion the pupils to the several schools; | ||||||
7 | provided that no pupil
shall be excluded from or | ||||||
8 | segregated in any such school on account of his
color, | ||||||
9 | race, sex, or nationality. The board shall take into | ||||||
10 | consideration
the prevention of segregation and the | ||||||
11 | elimination of separation of children
in public schools | ||||||
12 | because of color, race, sex, or nationality. Except that
| ||||||
13 | children may be committed to or attend parental and social | ||||||
14 | adjustment schools
established and maintained either for | ||||||
15 | boys or girls only. All records
pertaining to the | ||||||
16 | creation, alteration or revision of attendance areas shall
| ||||||
17 | be open to the public. Nothing herein shall limit the | ||||||
18 | board's authority to
establish multi-area attendance | ||||||
19 | centers or other student assignment systems
for | ||||||
20 | desegregation purposes or otherwise, and to apportion the | ||||||
21 | pupils to the
several schools. Furthermore, beginning in | ||||||
22 | school year 1994-95, pursuant
to a board plan adopted by | ||||||
23 | October 1, 1993, the board shall offer, commencing
on a | ||||||
24 | phased-in basis, the opportunity for families within the | ||||||
25 | school
district to apply for enrollment of their children | ||||||
26 | in any attendance center
within the school district which |
| |||||||
| |||||||
1 | does not have selective admission
requirements approved by | ||||||
2 | the board. The appropriate geographical area in
which such | ||||||
3 | open enrollment may be exercised shall be determined by | ||||||
4 | the
board of education. Such children may be admitted to | ||||||
5 | any such attendance
center on a space available basis | ||||||
6 | after all children residing within such
attendance | ||||||
7 | center's area have been accommodated. If the number of
| ||||||
8 | applicants from outside the attendance area exceed the | ||||||
9 | space available,
then successful applicants shall be | ||||||
10 | selected by lottery. The board of
education's open | ||||||
11 | enrollment plan must include provisions that allow | ||||||
12 | low-income low
income students to have access to | ||||||
13 | transportation needed to exercise school
choice. Open | ||||||
14 | enrollment shall be in compliance with the provisions of | ||||||
15 | the
Consent Decree and Desegregation Plan cited in Section | ||||||
16 | 34-1.01;
| ||||||
17 | 8. To approve programs and policies for providing | ||||||
18 | transportation
services to students. Nothing herein shall | ||||||
19 | be construed to permit or empower
the State Board of | ||||||
20 | Education to order, mandate, or require busing or other
| ||||||
21 | transportation of pupils for the purpose of achieving | ||||||
22 | racial balance in any
school;
| ||||||
23 | 9. Subject to the limitations in this Article, to | ||||||
24 | establish and
approve system-wide curriculum objectives | ||||||
25 | and standards, including graduation
standards, which | ||||||
26 | reflect the
multi-cultural diversity in the city and are |
| |||||||
| |||||||
1 | consistent with State law,
provided that for all purposes | ||||||
2 | of this Article courses or
proficiency in American Sign | ||||||
3 | Language shall be deemed to constitute courses
or | ||||||
4 | proficiency in a foreign language; and to employ | ||||||
5 | principals and teachers,
appointed as provided in this
| ||||||
6 | Article, and fix their compensation. The board shall | ||||||
7 | prepare such reports
related to minimal competency testing | ||||||
8 | as may be requested by the State
Board of Education , and , | ||||||
9 | in addition , shall monitor and approve special
education | ||||||
10 | and bilingual education programs and policies within the | ||||||
11 | district to ensure
assure that appropriate services are | ||||||
12 | provided in accordance with applicable
State and federal | ||||||
13 | laws to children requiring services and education in those
| ||||||
14 | areas;
| ||||||
15 | 10. To employ non-teaching personnel or utilize | ||||||
16 | volunteer personnel
for: (i) non-teaching duties not | ||||||
17 | requiring instructional judgment or
evaluation of pupils, | ||||||
18 | including library duties; and (ii) supervising study
| ||||||
19 | halls, long distance teaching reception areas used | ||||||
20 | incident to instructional
programs transmitted by | ||||||
21 | electronic media such as computers, video, and audio,
| ||||||
22 | detention and discipline areas, and school-sponsored | ||||||
23 | extracurricular
activities. The board may further utilize | ||||||
24 | volunteer non-certificated
personnel or employ | ||||||
25 | non-certificated personnel to
assist in the instruction of | ||||||
26 | pupils under the immediate supervision of a
teacher |
| |||||||
| |||||||
1 | holding a valid certificate, directly engaged in teaching
| ||||||
2 | subject matter or conducting activities; provided that the | ||||||
3 | teacher
shall be continuously aware of the | ||||||
4 | non-certificated persons' activities and
shall be able to | ||||||
5 | control or modify them. The general superintendent shall
| ||||||
6 | determine qualifications of such personnel and shall | ||||||
7 | prescribe rules for
determining the duties and activities | ||||||
8 | to be assigned to such personnel;
| ||||||
9 | 10.5. To utilize volunteer personnel from a regional | ||||||
10 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
11 | of the Safe to Learn Program
established pursuant to | ||||||
12 | Section 25 of the Illinois Violence Prevention Act
of | ||||||
13 | 1995, to provide assistance to schools in times of | ||||||
14 | violence or other
traumatic incidents within a school | ||||||
15 | community by providing crisis
intervention services to | ||||||
16 | lessen the effects of emotional trauma on
individuals and | ||||||
17 | the community; the School Crisis Assistance Team
Steering | ||||||
18 | Committee shall determine the qualifications for | ||||||
19 | volunteers;
| ||||||
20 | 11. To provide television studio facilities in not to | ||||||
21 | exceed one
school building and to provide programs for | ||||||
22 | educational purposes,
provided, however, that the board | ||||||
23 | shall not construct, acquire, operate,
or maintain a | ||||||
24 | television transmitter; to grant the use of its studio
| ||||||
25 | facilities to a licensed television station located in the | ||||||
26 | school
district; and to maintain and operate not to exceed |
| |||||||
| |||||||
1 | one school radio
transmitting station and provide programs | ||||||
2 | for educational purposes;
| ||||||
3 | 12. To offer, if deemed appropriate, outdoor education | ||||||
4 | courses,
including field trips within the State of | ||||||
5 | Illinois, or adjacent states,
and to use school | ||||||
6 | educational funds for the expense of the said outdoor
| ||||||
7 | educational programs, whether within the school district | ||||||
8 | or not;
| ||||||
9 | 13. During that period of the calendar year not | ||||||
10 | embraced within the
regular school term, to provide and | ||||||
11 | conduct courses in subject matters
normally embraced in | ||||||
12 | the program of the schools during the regular
school term | ||||||
13 | and to give regular school credit for satisfactory
| ||||||
14 | completion by the student of such courses as may be | ||||||
15 | approved for credit
by the State Board of Education;
| ||||||
16 | 14. To insure against any loss or liability of the | ||||||
17 | board,
the former School Board Nominating Commission, | ||||||
18 | Local School Councils, the
Chicago Schools Academic | ||||||
19 | Accountability Council, or the former Subdistrict
Councils | ||||||
20 | or of any member, officer, agent , or employee thereof, | ||||||
21 | resulting
from alleged violations of civil rights arising | ||||||
22 | from incidents occurring on
or after September 5, 1967 or | ||||||
23 | from the wrongful or negligent act or
omission of any such | ||||||
24 | person whether occurring within or without the school
| ||||||
25 | premises, provided the officer, agent , or employee was, at | ||||||
26 | the time of the
alleged violation of civil rights or |
| |||||||
| |||||||
1 | wrongful act or omission, acting
within the scope of his | ||||||
2 | or her employment or under direction of the board, the
| ||||||
3 | former School
Board Nominating Commission, the Chicago | ||||||
4 | Schools Academic Accountability
Council, Local School | ||||||
5 | Councils, or the former Subdistrict Councils;
and to | ||||||
6 | provide for or participate in insurance plans for its | ||||||
7 | officers and
employees, including , but not limited to , | ||||||
8 | retirement annuities, medical,
surgical and | ||||||
9 | hospitalization benefits in such types and amounts as may | ||||||
10 | be
determined by the board; provided, however, that the | ||||||
11 | board shall contract
for such insurance only with an | ||||||
12 | insurance company authorized to do business
in this State. | ||||||
13 | Such insurance may include provision for employees who | ||||||
14 | rely
on treatment by prayer or spiritual means alone for | ||||||
15 | healing, in accordance
with the tenets and practice of a | ||||||
16 | recognized religious denomination;
| ||||||
17 | 15. To contract with the corporate authorities of any | ||||||
18 | municipality
or the county board of any county, as the | ||||||
19 | case may be, to provide for
the regulation of traffic in | ||||||
20 | parking areas of property used for school
purposes, in | ||||||
21 | such manner as is provided by Section 11-209 of the The
| ||||||
22 | Illinois Vehicle Code , approved September 29, 1969, as | ||||||
23 | amended ;
| ||||||
24 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
25 | school campus and student directory information to the
| ||||||
26 | official recruiting representatives of the armed forces of |
| |||||||
| |||||||
1 | Illinois and
the United States for the purposes of | ||||||
2 | informing students of the educational
and career | ||||||
3 | opportunities available in the military if the board has | ||||||
4 | provided
such access to persons or groups whose purpose is | ||||||
5 | to acquaint students with
educational or occupational | ||||||
6 | opportunities available to them. The board
is not required | ||||||
7 | to give greater notice regarding the right of access to
| ||||||
8 | recruiting representatives than is given to other persons | ||||||
9 | and groups. In
this paragraph 16, "directory information" | ||||||
10 | means a high school
student's name, address, and telephone | ||||||
11 | number.
| ||||||
12 | (b) If a student or his or her parent or guardian | ||||||
13 | submits a signed,
written request to the high school | ||||||
14 | before the end of the student's sophomore
year (or if the | ||||||
15 | student is a transfer student, by another time set by
the | ||||||
16 | high school) that indicates that the student or his or her | ||||||
17 | parent or
guardian does
not want the student's directory | ||||||
18 | information to be provided to official
recruiting | ||||||
19 | representatives under subsection (a) of this Section, the | ||||||
20 | high
school may not provide access to the student's | ||||||
21 | directory information to
these recruiting representatives. | ||||||
22 | The high school shall notify its
students and their | ||||||
23 | parents or guardians of the provisions of this
subsection | ||||||
24 | (b).
| ||||||
25 | (c) A high school may require official recruiting | ||||||
26 | representatives of
the armed forces of Illinois and the |
| |||||||
| |||||||
1 | United States to pay a fee for copying
and mailing a | ||||||
2 | student's directory information in an amount that is not
| ||||||
3 | more than the actual costs incurred by the high school.
| ||||||
4 | (d) Information received by an official recruiting | ||||||
5 | representative
under this Section may be used only to | ||||||
6 | provide information to students
concerning educational and | ||||||
7 | career opportunities available in the military
and may not | ||||||
8 | be released to a person who is not involved in recruiting
| ||||||
9 | students for the armed forces of Illinois or the United | ||||||
10 | States;
| ||||||
11 | 17. (a) To sell or market any computer program | ||||||
12 | developed by an employee
of the school district, provided | ||||||
13 | that such employee developed the computer
program as a | ||||||
14 | direct result of his or her duties with the school | ||||||
15 | district
or through the utilization of the school district | ||||||
16 | resources or facilities.
The employee who developed the | ||||||
17 | computer program shall be entitled to share
in the | ||||||
18 | proceeds of such sale or marketing of the computer | ||||||
19 | program. The
distribution of such proceeds between the | ||||||
20 | employee and the school district
shall be as agreed upon | ||||||
21 | by the employee and the school district, except
that | ||||||
22 | neither the employee nor the school district may receive | ||||||
23 | more than 90%
of such proceeds. The negotiation for an | ||||||
24 | employee who is represented by an
exclusive bargaining | ||||||
25 | representative may be conducted by such bargaining
| ||||||
26 | representative at the employee's request.
|
| |||||||
| |||||||
1 | (b) For the purpose of this paragraph 17:
| ||||||
2 | (1) "Computer" means an internally programmed, | ||||||
3 | general purpose digital
device capable of | ||||||
4 | automatically accepting data, processing data and | ||||||
5 | supplying
the results of the operation.
| ||||||
6 | (2) "Computer program" means a series of coded | ||||||
7 | instructions or
statements in a form acceptable to a | ||||||
8 | computer, which causes the computer to
process data in | ||||||
9 | order to achieve a certain result.
| ||||||
10 | (3) "Proceeds" means profits derived from the | ||||||
11 | marketing or sale of a product
after deducting the | ||||||
12 | expenses of developing and marketing such product;
| ||||||
13 | 18. To delegate to the general superintendent of
| ||||||
14 | schools, by resolution, the authority to approve contracts | ||||||
15 | and expenditures
in amounts of $10,000 or less;
| ||||||
16 | 19. Upon the written request of an employee, to | ||||||
17 | withhold from
the compensation of that employee any dues, | ||||||
18 | payments , or contributions
payable by such employee to any | ||||||
19 | labor organization as defined in the
Illinois Educational | ||||||
20 | Labor Relations Act. Under such arrangement, an
amount | ||||||
21 | shall be withheld from each regular payroll period which | ||||||
22 | is equal to
the pro rata share of the annual dues plus any | ||||||
23 | payments or contributions,
and the board shall transmit | ||||||
24 | such withholdings to the specified labor
organization | ||||||
25 | within 10 working days from the time of the withholding;
| ||||||
26 | 19a. Upon receipt of notice from the comptroller of a |
| |||||||
| |||||||
1 | municipality with
a population of 500,000 or more, a | ||||||
2 | county with a population of 3,000,000 or
more, the Cook | ||||||
3 | County Forest Preserve District, the Chicago Park | ||||||
4 | District, the
Metropolitan Water Reclamation District, the | ||||||
5 | Chicago Transit Authority, or
a housing authority of a | ||||||
6 | municipality with a population of 500,000 or more
that a | ||||||
7 | debt is due and owing the municipality, the county, the | ||||||
8 | Cook County
Forest Preserve District, the Chicago Park | ||||||
9 | District, the Metropolitan Water
Reclamation District, the | ||||||
10 | Chicago Transit Authority, or the housing authority
by an | ||||||
11 | employee of the Chicago Board of Education, to withhold, | ||||||
12 | from the
compensation of that employee, the amount of the | ||||||
13 | debt that is due and owing
and pay the amount withheld to | ||||||
14 | the municipality, the county, the Cook County
Forest | ||||||
15 | Preserve District, the Chicago Park District, the | ||||||
16 | Metropolitan Water
Reclamation District, the Chicago | ||||||
17 | Transit Authority, or the housing authority;
provided, | ||||||
18 | however, that the amount
deducted from any one salary or | ||||||
19 | wage payment shall not exceed 25% of the net
amount of the | ||||||
20 | payment. Before the Board deducts any amount from any | ||||||
21 | salary or
wage of an employee under this paragraph, the | ||||||
22 | municipality, the county, the
Cook County Forest Preserve | ||||||
23 | District, the Chicago Park District, the
Metropolitan | ||||||
24 | Water Reclamation District, the Chicago Transit Authority, | ||||||
25 | or the
housing authority shall certify that (i) the | ||||||
26 | employee has been afforded an
opportunity for a hearing to |
| |||||||
| |||||||
1 | dispute the debt that is due and owing the
municipality, | ||||||
2 | the county, the Cook County Forest Preserve District, the | ||||||
3 | Chicago
Park District, the Metropolitan Water Reclamation | ||||||
4 | District, the Chicago Transit
Authority, or the housing | ||||||
5 | authority and (ii) the employee has received notice
of a | ||||||
6 | wage deduction order and has been afforded an opportunity | ||||||
7 | for a hearing to
object to the order. For purposes of this | ||||||
8 | paragraph, "net amount" means that
part of the salary or | ||||||
9 | wage payment remaining after the deduction of any amounts
| ||||||
10 | required by law to be deducted and "debt due and owing" | ||||||
11 | means (i) a specified
sum of money owed to the | ||||||
12 | municipality, the county, the Cook County Forest
Preserve | ||||||
13 | District, the Chicago Park District, the Metropolitan | ||||||
14 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
15 | or the housing authority
for services, work, or goods, | ||||||
16 | after the period granted for payment has expired,
or (ii) | ||||||
17 | a specified sum of money owed to the municipality, the | ||||||
18 | county, the Cook
County Forest Preserve District, the | ||||||
19 | Chicago Park District, the Metropolitan
Water Reclamation | ||||||
20 | District, the Chicago Transit Authority, or the housing
| ||||||
21 | authority pursuant to a court order or order of an | ||||||
22 | administrative hearing
officer after the exhaustion of, or | ||||||
23 | the failure to exhaust, judicial review;
| ||||||
24 | 20. The board is encouraged to employ a sufficient | ||||||
25 | number of
certified school counselors to maintain a | ||||||
26 | student/counselor ratio of 250 to
1 by July 1, 1990. Each |
| |||||||
| |||||||
1 | counselor shall spend at least 75% of his work
time in | ||||||
2 | direct contact with students and shall maintain a record | ||||||
3 | of such time;
| ||||||
4 | 21. To make available to students vocational and | ||||||
5 | career
counseling and to establish 5 special career | ||||||
6 | counseling days for students
and parents. On these days | ||||||
7 | representatives of local businesses and
industries shall | ||||||
8 | be invited to the school campus and shall inform students
| ||||||
9 | of career opportunities available to them in the various | ||||||
10 | businesses and
industries. Special consideration shall be | ||||||
11 | given to counseling minority
students as to career | ||||||
12 | opportunities available to them in various fields.
For the | ||||||
13 | purposes of this paragraph, minority student means a | ||||||
14 | person who is any of the following:
| ||||||
15 | (a) American Indian or Alaska Native (a person having | ||||||
16 | origins in any of the original peoples of North and South | ||||||
17 | America, including Central America, and who maintains | ||||||
18 | tribal affiliation or community attachment). | ||||||
19 | (b) Asian (a person having origins in any of the | ||||||
20 | original peoples of the Far East, Southeast Asia, or the | ||||||
21 | Indian subcontinent, including, but not limited to, | ||||||
22 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
23 | the Philippine Islands, Thailand, and Vietnam). | ||||||
24 | (c) Black or African American (a person having origins | ||||||
25 | in any of the black racial groups of Africa). Terms such as | ||||||
26 | "Haitian" or "Negro" can be used in addition to "Black or |
| |||||||
| |||||||
1 | African American". | ||||||
2 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
3 | Puerto Rican, South or Central American, or other Spanish | ||||||
4 | culture or origin, regardless of race). | ||||||
5 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
6 | person having origins in any of the original peoples of | ||||||
7 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
8 | Counseling days shall not be in lieu of regular school | ||||||
9 | days;
| ||||||
10 | 22. To report to the State Board of Education the | ||||||
11 | annual
student dropout rate and number of students who | ||||||
12 | graduate from, transfer
from , or otherwise leave bilingual | ||||||
13 | programs;
| ||||||
14 | 23. Except as otherwise provided in the Abused and | ||||||
15 | Neglected Child
Reporting Act or other applicable State or | ||||||
16 | federal law, to permit school
officials to withhold, from | ||||||
17 | any person, information on the whereabouts of
any child | ||||||
18 | removed from school premises when the child has been taken | ||||||
19 | into
protective custody as a victim of suspected child | ||||||
20 | abuse. School officials
shall direct such person to the | ||||||
21 | Department of Children and Family Services ,
or to the | ||||||
22 | local law enforcement agency , if appropriate;
| ||||||
23 | 24. To develop a policy, based on the current state of | ||||||
24 | existing school
facilities, projected enrollment , and | ||||||
25 | efficient utilization of available
resources, for capital | ||||||
26 | improvement of schools and school buildings within
the |
| |||||||
| |||||||
1 | district, addressing in that policy both the relative | ||||||
2 | priority for
major repairs, renovations , and additions to | ||||||
3 | school facilities , and the
advisability or necessity of | ||||||
4 | building new school facilities or closing
existing schools | ||||||
5 | to meet current or projected demographic patterns within
| ||||||
6 | the district;
| ||||||
7 | 25. To make available to the students in every high | ||||||
8 | school attendance
center the ability to take all courses | ||||||
9 | necessary to comply with the Board
of Higher Education's | ||||||
10 | college entrance criteria effective in 1993;
| ||||||
11 | 26. To encourage mid-career changes into the teaching | ||||||
12 | profession,
whereby qualified professionals become | ||||||
13 | certified teachers, by allowing
credit for professional | ||||||
14 | employment in related fields when determining point
of | ||||||
15 | entry on the teacher pay scale;
| ||||||
16 | 27. To provide or contract out training programs for | ||||||
17 | administrative
personnel and principals with revised or | ||||||
18 | expanded duties pursuant to this Code
Act in order to | ||||||
19 | ensure assure they have the knowledge and skills to | ||||||
20 | perform
their duties;
| ||||||
21 | 28. To establish a fund for the prioritized special | ||||||
22 | needs programs, and
to allocate such funds and other lump | ||||||
23 | sum amounts to each attendance center
in a manner | ||||||
24 | consistent with the provisions of part 4 of Section | ||||||
25 | 34-2.3.
Nothing in this paragraph shall be construed to | ||||||
26 | require any additional
appropriations of State funds for |
| |||||||
| |||||||
1 | this purpose;
| ||||||
2 | 29. (Blank);
| ||||||
3 | 30. Notwithstanding any other provision of this Act or | ||||||
4 | any other law to
the contrary, to contract with third | ||||||
5 | parties for services otherwise performed
by employees, | ||||||
6 | including those in a bargaining unit, and to layoff those
| ||||||
7 | employees upon 14 days written notice to the affected | ||||||
8 | employees. Those
contracts may be for a period not to | ||||||
9 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
10 | The board may not operate more than 30 contract schools, | ||||||
11 | provided that the board may operate an additional 5 | ||||||
12 | contract turnaround schools pursuant to item (5.5) of | ||||||
13 | subsection (d) of Section 34-8.3 of this Code, and the | ||||||
14 | governing bodies of contract schools are subject to the | ||||||
15 | Freedom of Information Act and Open Meetings Act;
| ||||||
16 | 31. To promulgate rules establishing procedures | ||||||
17 | governing the layoff or
reduction in force of employees | ||||||
18 | and the recall of such employees, including,
but not | ||||||
19 | limited to, criteria for such layoffs, reductions in force | ||||||
20 | or recall
rights of such employees and the weight to be | ||||||
21 | given to any particular
criterion. Such criteria shall | ||||||
22 | take into account factors , including, but not be
limited | ||||||
23 | to, qualifications, certifications, experience, | ||||||
24 | performance ratings or
evaluations, and any other factors | ||||||
25 | relating to an employee's job performance;
| ||||||
26 | 32. To develop a policy to prevent nepotism in the |
| |||||||
| |||||||
1 | hiring of personnel
or the selection of contractors;
| ||||||
2 | 33. (Blank); and
| ||||||
3 | 34. To establish a Labor Management Council to the | ||||||
4 | board
comprised of representatives of the board, the chief | ||||||
5 | executive
officer, and those labor organizations that are | ||||||
6 | the exclusive
representatives of employees of the board | ||||||
7 | and to promulgate
policies and procedures for the | ||||||
8 | operation of the Council.
| ||||||
9 | The specifications of the powers herein granted are not to | ||||||
10 | be
construed as exclusive , but the board shall also exercise | ||||||
11 | all other
powers that they may be requisite or proper for the | ||||||
12 | maintenance and the
development of a public school system, not | ||||||
13 | inconsistent with the other
provisions of this Article or | ||||||
14 | provisions of this Code which apply to all
school districts.
| ||||||
15 | In addition to the powers herein granted and authorized to | ||||||
16 | be exercised
by the board, it shall be the duty of the board to | ||||||
17 | review or to direct
independent reviews of special education | ||||||
18 | expenditures and services.
The board shall file a report of | ||||||
19 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
20 | (Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18; | ||||||
21 | 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
| ||||||
22 | (105 ILCS 5/34-18.11) (from Ch. 122, par. 34-18.11)
| ||||||
23 | Sec. 34-18.11. Tobacco prohibition. The Board of Education | ||||||
24 | shall prohibit
the use of tobacco on school property when such | ||||||
25 | property is being used for
any school purposes. Neither the |
| |||||||
| |||||||
1 | board nor the local school
council may
authorize or permit any
| ||||||
2 | exception to or exemption from the prohibition at any place or | ||||||
3 | at any time,
including without limitation outside of school | ||||||
4 | buildings or before or after the
regular school day or on days | ||||||
5 | when school is not in session. "School purposes" include but | ||||||
6 | are not limited to
all events or activities or other use of | ||||||
7 | school property that the school
board or school officials | ||||||
8 | authorize or permit on school property, including
without | ||||||
9 | limitation all
interscholastic or extracurricular athletic, | ||||||
10 | academic or other events
sponsored by the school board or in | ||||||
11 | which pupils of the district
participate. For purposes of this | ||||||
12 | Section "tobacco" shall mean a cigarette, a
cigar, or tobacco | ||||||
13 | in any other form, including smokeless tobacco which is
any | ||||||
14 | loose, cut, shredded, ground, powdered, compressed or leaf | ||||||
15 | tobacco that
is intended to be placed in the mouth without | ||||||
16 | being smoked.
| ||||||
17 | (Source: P.A. 89-181, eff. 7-19-95; revised 8-21-20.)
| ||||||
18 | (105 ILCS 5/34-18.61) | ||||||
19 | Sec. 34-18.61. Self-administration of Self-administrating | ||||||
20 | medication. | ||||||
21 | (a) In this Section, "asthma action plan" has the meaning | ||||||
22 | given to that term under Section 22-30. | ||||||
23 | (b) Notwithstanding any other provision of law, the school | ||||||
24 | district must allow any student with an asthma action plan, an | ||||||
25 | Individual Health Care Action Plan, an Illinois Food Allergy |
| |||||||
| |||||||
1 | Emergency Action Plan and Treatment Authorization Form, a plan | ||||||
2 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
3 | 1973, or a plan pursuant to the federal Individuals with | ||||||
4 | Disabilities Education Act to self-administer any medication | ||||||
5 | required under those plans if the student's parent or guardian | ||||||
6 | provides the school district with (i) written permission for | ||||||
7 | the student's self-administration of medication and (ii) | ||||||
8 | written authorization from the student's physician, physician | ||||||
9 | assistant, or advanced practice registered nurse for the | ||||||
10 | student to self-administer the medication. A parent or | ||||||
11 | guardian must also provide to the school district the | ||||||
12 | prescription label for the medication, which must contain the | ||||||
13 | name of the medication, the prescribed dosage, and the time or | ||||||
14 | times at which or the circumstances under which the medication | ||||||
15 | is to be administered. Information received by the school | ||||||
16 | district under this subsection shall be kept on file in the | ||||||
17 | office of the school nurse or, in the absence of a school | ||||||
18 | nurse, the school's administrator. | ||||||
19 | (c) The school district must adopt an emergency action | ||||||
20 | plan for a student who self-administers medication under | ||||||
21 | subsection (b). The plan must include both of the following: | ||||||
22 | (1) A plan of action in the event a student is unable | ||||||
23 | to self-administer medication. | ||||||
24 | (2) The situations in which a school must call 9-1-1. | ||||||
25 | (d) The school district and its employees and agents shall | ||||||
26 | incur no liability, except for willful and wanton conduct, as |
| |||||||
| |||||||
1 | a result of any injury arising from the self-administration of | ||||||
2 | medication by a student under subsection (b). The student's | ||||||
3 | parent or guardian must sign a statement to this effect, which | ||||||
4 | must acknowledge that the parent or guardian must indemnify | ||||||
5 | and hold harmless the school district and its employees and | ||||||
6 | agents against any claims, except a claim based on willful and | ||||||
7 | wanton conduct, arising out of the self-administration of | ||||||
8 | medication by a student.
| ||||||
9 | (Source: P.A. 101-205, eff. 1-1-20; revised 10-21-19.)
| ||||||
10 | (105 ILCS 5/34-18.62)
| ||||||
11 | Sec. 34-18.62 34-18.61 . Policy on sexual harassment. The | ||||||
12 | school district must create, maintain, and implement an | ||||||
13 | age-appropriate policy on sexual harassment that must be | ||||||
14 | posted on the school district's website and, if applicable, | ||||||
15 | any other area where policies, rules, and standards of conduct | ||||||
16 | are currently posted in each school and must also be included | ||||||
17 | in the school district's student code of conduct handbook.
| ||||||
18 | (Source: P.A. 101-418, eff. 1-1-20; revised 10-21-19.)
| ||||||
19 | (105 ILCS 5/34-18.63)
| ||||||
20 | Sec. 34-18.63 34-18.61 . Class size reporting. No later | ||||||
21 | than November 16, 2020, and annually thereafter, the school | ||||||
22 | district must report to the State Board of Education | ||||||
23 | information on the school district described under subsection | ||||||
24 | (b) of Section 2-3.136a and must make that information |
| |||||||
| |||||||
1 | available on its website.
| ||||||
2 | (Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
| ||||||
3 | (105 ILCS 5/34-18.64)
| ||||||
4 | Sec. 34-18.64 34-18.61 . Sexual abuse investigations at | ||||||
5 | schools. Every 2 years, the school district must review all | ||||||
6 | existing policies and procedures concerning sexual abuse | ||||||
7 | investigations at schools to ensure consistency with Section | ||||||
8 | 22-85.
| ||||||
9 | (Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
| ||||||
10 | (105 ILCS 5/34-18.65)
| ||||||
11 | Sec. 34-18.65 34-18.61 . Door security locking means. | ||||||
12 | (a) In this Section, "door security locking means" means a | ||||||
13 | door locking means intended for use by a trained school | ||||||
14 | district employee in a school building for the purpose of | ||||||
15 | preventing ingress through a door of the building. | ||||||
16 | (b) The school district may install a door security | ||||||
17 | locking means on a door of a school building to prevent | ||||||
18 | unwanted entry through the door if all of the following | ||||||
19 | requirements are met: | ||||||
20 | (1) The door security locking means can be engaged | ||||||
21 | without opening the door. | ||||||
22 | (2) The unlocking and unlatching of the door security | ||||||
23 | locking means from the occupied side of the door can be | ||||||
24 | accomplished without the use of a key or tool. |
| |||||||
| |||||||
1 | (3) The door security locking means complies with all | ||||||
2 | applicable State and federal accessibility requirements. | ||||||
3 | (4) Locks, if remotely engaged, can be unlocked from | ||||||
4 | the occupied side. | ||||||
5 | (5) The door security locking means is capable of | ||||||
6 | being disengaged from the outside by school district | ||||||
7 | employees, and school district employees may use a key or | ||||||
8 | other credentials to unlock the door from the outside. | ||||||
9 | (6) The door security locking means does not modify | ||||||
10 | the door-closing hardware, panic hardware, or fire exit | ||||||
11 | hardware. | ||||||
12 | (7) Any bolts, stops, brackets, or pins employed by | ||||||
13 | the door security locking means do not affect the fire | ||||||
14 | rating of a fire door assembly. | ||||||
15 | (8) School district employees are trained in the | ||||||
16 | engagement and release of the door security locking means, | ||||||
17 | from within and outside the room, as part of the emergency | ||||||
18 | response plan. | ||||||
19 | (9) For doors installed before July 1, 2019 only, the | ||||||
20 | unlocking and unlatching of a door security locking means | ||||||
21 | requires no more than 2 releasing operations. For doors | ||||||
22 | installed on or after July 1, 2019, the unlocking and | ||||||
23 | unlatching of a door security locking means requires no | ||||||
24 | more than one releasing operation. If doors installed | ||||||
25 | before July 1, 2019 are replaced on or after July 1, 2019, | ||||||
26 | the unlocking and unlatching of a door security locking |
| |||||||
| |||||||
1 | means on the replacement door requires no more than one | ||||||
2 | releasing operation. | ||||||
3 | (10) The door security locking means is no more than | ||||||
4 | 48 inches above the finished floor. | ||||||
5 | (11) The door security locking means otherwise | ||||||
6 | complies with the school building code prepared by the | ||||||
7 | State Board of Education under Section 2-3.12. | ||||||
8 | The school district may install a door security locking | ||||||
9 | means that does not comply with paragraph (3) or (10) of this | ||||||
10 | subsection if (i) the school district meets all other | ||||||
11 | requirements under this subsection and (ii) prior to its | ||||||
12 | installation, local law enforcement officials, the local fire | ||||||
13 | department, and the board agree, in writing, to the | ||||||
14 | installation and use of the door security locking means. The | ||||||
15 | school district must keep the agreement on file and must, upon | ||||||
16 | request, provide the agreement to the State Board of | ||||||
17 | Education. The agreement must be included in the school | ||||||
18 | district's filed school safety plan under the School Safety | ||||||
19 | Drill Act. | ||||||
20 | (c) The school district must include the location of any | ||||||
21 | door security locking means and must address the use of the | ||||||
22 | locking and unlocking means from within and outside the room | ||||||
23 | in its filed school safety plan under the School Safety Drill | ||||||
24 | Act. Local law enforcement officials and the local fire | ||||||
25 | department must be notified of the location of any door | ||||||
26 | security locking means and how to disengage it. Any specific |
| |||||||
| |||||||
1 | tool needed to disengage the door security locking means from | ||||||
2 | the outside of the room must, upon request, be made available | ||||||
3 | to local law enforcement officials and the local fire | ||||||
4 | department. | ||||||
5 | (d) A door security locking means may be used only (i) by a | ||||||
6 | school district employee trained under subsection (e), (ii) | ||||||
7 | during an emergency that threatens the health and safety of | ||||||
8 | students and employees or during an active shooter drill, and | ||||||
9 | (iii) when local law enforcement officials and the local fire | ||||||
10 | department have been notified of its installation prior to its | ||||||
11 | use. The door security locking means must be engaged for a | ||||||
12 | finite period of time in accordance with the school district's | ||||||
13 | school safety plan adopted under the School Safety Drill Act. | ||||||
14 | (e) If the school district installs a door security | ||||||
15 | locking means, it must conduct an in-service training program | ||||||
16 | for school district employees on the proper use of the door | ||||||
17 | security locking means. The school district shall keep a file | ||||||
18 | verifying the employees who have completed the program and | ||||||
19 | must, upon request, provide the file to the local fire | ||||||
20 | department and local law enforcement agency. | ||||||
21 | (f) A door security locking means that requires 2 | ||||||
22 | releasing operations must be discontinued from use when the | ||||||
23 | door is replaced or is a part of new construction. Replacement | ||||||
24 | and new construction door hardware must include mortise locks, | ||||||
25 | compliant with the applicable building code, and must be | ||||||
26 | lockable from the occupied side without opening the door. |
| |||||||
| |||||||
1 | However, mortise locks are not required if panic hardware or | ||||||
2 | fire exit hardware is required.
| ||||||
3 | (Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
| ||||||
4 | Section 355. The Illinois School Student Records Act is | ||||||
5 | amended by changing Section 2 as follows:
| ||||||
6 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| ||||||
7 | Sec. 2.
As used in this Act : ,
| ||||||
8 | (a) "Student" means any person enrolled or previously | ||||||
9 | enrolled in a school.
| ||||||
10 | (b) "School" means any public preschool, day care center,
| ||||||
11 | kindergarten, nursery, elementary or secondary educational | ||||||
12 | institution,
vocational school, special educational facility | ||||||
13 | or any other elementary or
secondary educational agency or | ||||||
14 | institution and any person, agency or
institution which | ||||||
15 | maintains school student records from more than one school,
| ||||||
16 | but does not include a private or non-public school.
| ||||||
17 | (c) "State Board" means the State Board of Education.
| ||||||
18 | (d) "School Student Record" means any writing or
other | ||||||
19 | recorded information concerning a student
and by which a | ||||||
20 | student may be individually identified,
maintained by a school | ||||||
21 | or at its direction or by an employee of a
school, regardless | ||||||
22 | of how or where the information is stored.
The following shall | ||||||
23 | not be deemed school student records under
this Act: writings | ||||||
24 | or other recorded information maintained by an
employee of a |
| |||||||
| |||||||
1 | school or other person at the direction of a school for his or
| ||||||
2 | her exclusive use; provided that all such writings and other | ||||||
3 | recorded
information are destroyed not later than the | ||||||
4 | student's graduation or permanent
withdrawal from the school; | ||||||
5 | and provided further that no such records or
recorded | ||||||
6 | information may be released or disclosed to any person except | ||||||
7 | a person
designated by the school as
a substitute unless they | ||||||
8 | are first incorporated
in a school student record and made | ||||||
9 | subject to all of the
provisions of this Act.
School student | ||||||
10 | records shall not include information maintained by
law | ||||||
11 | enforcement professionals working in the school.
| ||||||
12 | (e) "Student Permanent Record" means the minimum personal
| ||||||
13 | information necessary to a school in the education of the | ||||||
14 | student
and contained in a school student record. Such | ||||||
15 | information
may include the student's name, birth date, | ||||||
16 | address, grades
and grade level, parents' names and addresses, | ||||||
17 | attendance
records, and such other entries as the State Board | ||||||
18 | may
require or authorize.
| ||||||
19 | (f) "Student Temporary Record" means all information | ||||||
20 | contained in
a school student record but not contained in
the | ||||||
21 | student permanent record. Such information may include
family | ||||||
22 | background information, intelligence test scores, aptitude
| ||||||
23 | test scores, psychological and personality test results, | ||||||
24 | teacher
evaluations, and other information of clear relevance | ||||||
25 | to the
education of the student, all subject to regulations of | ||||||
26 | the State Board.
The information shall include information |
| |||||||
| |||||||
1 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
2 | Reporting Act and information contained in service logs | ||||||
3 | maintained by a local education agency under subsection (d) of | ||||||
4 | Section 14-8.02f of the School Code.
In addition, the student | ||||||
5 | temporary record shall include information regarding
serious | ||||||
6 | disciplinary infractions that resulted in expulsion, | ||||||
7 | suspension, or the
imposition of punishment or sanction. For | ||||||
8 | purposes of this provision, serious
disciplinary infractions | ||||||
9 | means: infractions involving drugs, weapons, or bodily
harm to | ||||||
10 | another.
| ||||||
11 | (g) "Parent" means a person who is the natural parent of | ||||||
12 | the
student or other person who has the primary responsibility | ||||||
13 | for the
care and upbringing of the student. All rights and | ||||||
14 | privileges accorded
to a parent under this Act shall become | ||||||
15 | exclusively those of the student
upon his 18th birthday, | ||||||
16 | graduation from secondary school, marriage
or entry into | ||||||
17 | military service, whichever occurs first. Such
rights and | ||||||
18 | privileges may also be exercised by the student
at any time | ||||||
19 | with respect to the student's permanent school record.
| ||||||
20 | (Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
| ||||||
21 | Section 360. The Education for Homeless Children Act is | ||||||
22 | amended by changing Section 1-10 as follows:
| ||||||
23 | (105 ILCS 45/1-10)
| ||||||
24 | Sec. 1-10. Choice of schools. (a) When a child loses |
| |||||||
| |||||||
1 | permanent housing and becomes a homeless person
within the | ||||||
2 | meaning of Section 1-5, or when a homeless child changes his or | ||||||
3 | her
temporary living arrangements, the parents or guardians of | ||||||
4 | the homeless child
shall have the option of either:
| ||||||
5 | (1) continuing the child's education in the school of | ||||||
6 | origin for as long
as the child remains homeless or, if the | ||||||
7 | child becomes permanently housed,
until the end of the | ||||||
8 | academic year during which the housing is acquired; or
| ||||||
9 | (2) enrolling the child in any school that nonhomeless | ||||||
10 | students who live
in the attendance area in which the | ||||||
11 | child or youth is actually living are
eligible to attend.
| ||||||
12 | (Source: P.A. 100-201, eff. 8-18-17; revised 7-16-19.)
| ||||||
13 | Section 365. The Student Online Personal Protection Act is | ||||||
14 | amended by changing Section 27 as follows:
| ||||||
15 | (105 ILCS 85/27) | ||||||
16 | (This Section may contain text from a Public Act with a | ||||||
17 | delayed effective date ) | ||||||
18 | Sec. 27. School duties. | ||||||
19 | (a) Each school shall post and maintain on its website or, | ||||||
20 | if the school does not maintain a website, make available for | ||||||
21 | inspection by the general public at its administrative office | ||||||
22 | all of the following information: | ||||||
23 | (1) An explanation, that is clear and understandable | ||||||
24 | by a layperson, of the data elements of covered |
| |||||||
| |||||||
1 | information that the school collects, maintains, or | ||||||
2 | discloses to any person, entity, third party, or | ||||||
3 | governmental agency. The information must explain how the | ||||||
4 | school uses, to whom or what entities it discloses, and | ||||||
5 | for what purpose it discloses the covered information. | ||||||
6 | (2) A list of operators that the school has written | ||||||
7 | agreements with, a copy of each written agreement, and a | ||||||
8 | business address for each operator. A copy of a written | ||||||
9 | agreement posted or made available by a school under this | ||||||
10 | paragraph may contain redactions, as provided under | ||||||
11 | subparagraph (F) of paragraph (4) of Section 15. | ||||||
12 | (3) For each operator, a list of any subcontractors to | ||||||
13 | whom covered information may be disclosed or a link to a | ||||||
14 | page on the operator's website that clearly lists that | ||||||
15 | information, as provided by the operator to the school | ||||||
16 | under paragraph (6) of Section 15. | ||||||
17 | (4) A written description of the procedures that a | ||||||
18 | parent may use to carry out the rights enumerated under | ||||||
19 | Section 33. | ||||||
20 | (5) A list of any breaches of covered information | ||||||
21 | maintained by the school or breaches under Section 15 that | ||||||
22 | includes, but is not limited to, all of the following | ||||||
23 | information: | ||||||
24 | (A) The number of students whose covered | ||||||
25 | information is involved in the breach, unless | ||||||
26 | disclosing that number would violate the provisions of |
| |||||||
| |||||||
1 | the Personal Information Protection Act. | ||||||
2 | (B) The date, estimated date, or estimated date | ||||||
3 | range of the breach. | ||||||
4 | (C) For a breach under Section 15, the name of the | ||||||
5 | operator. | ||||||
6 | The school may omit from the list required under this | ||||||
7 | paragraph (5) : (i) any breach in which, to the best of the | ||||||
8 | school's knowledge at the time of updating the list, the | ||||||
9 | number of students whose covered information is involved | ||||||
10 | in the breach is less than 10% of the school's enrollment, | ||||||
11 | (ii) any breach in which, at the time of posting the list, | ||||||
12 | the school is not required to notify the parent of a | ||||||
13 | student under subsection (d), (iii) any breach in which | ||||||
14 | the date, estimated date, or estimated date range in which | ||||||
15 | it occurred is earlier than July 1, 2021, or (iv) any | ||||||
16 | breach previously posted on a list under this paragraph | ||||||
17 | (5) no more than 5 years prior to the school updating the | ||||||
18 | current list. | ||||||
19 | The school must, at a minimum, update the items under | ||||||
20 | paragraphs (1), (3), (4), and (5) no later than 30 calendar | ||||||
21 | days following the start of a fiscal year and no later than 30 | ||||||
22 | days following the beginning of a calendar year. | ||||||
23 | (b) Each school must adopt a policy for designating which | ||||||
24 | school employees are authorized to enter into written | ||||||
25 | agreements with operators. This subsection may not be | ||||||
26 | construed to limit individual school employees outside of the |
| |||||||
| |||||||
1 | scope of their employment from entering into agreements with | ||||||
2 | operators on their own behalf and for non-K through 12 school | ||||||
3 | purposes, provided that no covered information is provided to | ||||||
4 | the operators. Any agreement or contract entered into in | ||||||
5 | violation of this Act is void and unenforceable as against | ||||||
6 | public policy. | ||||||
7 | (c) A school must post on its website or, if the school | ||||||
8 | does not maintain a website, make available at its | ||||||
9 | administrative office for inspection by the general public | ||||||
10 | each written agreement entered into under this Act, along with | ||||||
11 | any information required under subsection (a), no later than | ||||||
12 | 10 business days after entering into the agreement. | ||||||
13 | (d) After receipt of notice of a breach under Section 15 or | ||||||
14 | determination of a breach of covered information maintained by | ||||||
15 | the school, a school shall notify, no later than 30 calendar | ||||||
16 | days after receipt of the notice or determination that a | ||||||
17 | breach has occurred, the parent of any student whose covered | ||||||
18 | information is involved in the breach. The notification must | ||||||
19 | include, but is not limited to, all of the following: | ||||||
20 | (1) The date, estimated date, or estimated date range | ||||||
21 | of the breach. | ||||||
22 | (2) A description of the covered information that was | ||||||
23 | compromised or reasonably believed to have been | ||||||
24 | compromised in the breach. | ||||||
25 | (3) Information that the parent may use to contact the | ||||||
26 | operator and school to inquire about the breach. |
| |||||||
| |||||||
1 | (4) The toll-free numbers, addresses, and websites for | ||||||
2 | consumer reporting agencies. | ||||||
3 | (5) The toll-free number, address, and website for the | ||||||
4 | Federal Trade Commission. | ||||||
5 | (6) A statement that the parent may obtain information | ||||||
6 | from the Federal Trade Commission and consumer reporting | ||||||
7 | agencies about fraud alerts and security freezes. | ||||||
8 | A notice of breach required under this subsection may be | ||||||
9 | delayed if an appropriate law enforcement agency determines | ||||||
10 | that the notification will interfere with a criminal | ||||||
11 | investigation and provides the school with a written request | ||||||
12 | for a delay of notice. A school must comply with the | ||||||
13 | notification requirements as soon as the notification will no | ||||||
14 | longer interfere with the investigation. | ||||||
15 | (e) Each school must implement and maintain reasonable | ||||||
16 | security procedures and practices that otherwise meet or | ||||||
17 | exceed industry standards designed to protect covered | ||||||
18 | information from unauthorized access, destruction, use, | ||||||
19 | modification, or disclosure. Any written agreement under which | ||||||
20 | the disclosure of covered information between the school and a | ||||||
21 | third party takes place must include a provision requiring the | ||||||
22 | entity to whom the covered information is disclosed to | ||||||
23 | implement and maintain reasonable security procedures and | ||||||
24 | practices that otherwise meet or exceed industry standards | ||||||
25 | designed to protect covered information from unauthorized | ||||||
26 | access, destruction, use, modification, or disclosure. The |
| |||||||
| |||||||
1 | State Board must make available on its website a guidance | ||||||
2 | document for schools pertaining to reasonable security | ||||||
3 | procedures and practices under this subsection. | ||||||
4 | (f) Each school may designate an appropriate staff person | ||||||
5 | as a privacy officer, who may also be an official records | ||||||
6 | custodian as designated under the Illinois School Student | ||||||
7 | Records Act, to carry out the duties and responsibilities | ||||||
8 | assigned to schools and to ensure compliance with the | ||||||
9 | requirements of this Section and Section 26. | ||||||
10 | (g) A school shall make a request, pursuant to paragraph | ||||||
11 | (2) of Section 15, to an operator to delete covered | ||||||
12 | information on behalf of a student's parent if the parent | ||||||
13 | requests from the school that the student's covered | ||||||
14 | information held by the operator be deleted, so long as the | ||||||
15 | deletion of the covered information is not in violation of | ||||||
16 | State or federal records laws. | ||||||
17 | (h) This Section does not apply to nonpublic schools.
| ||||||
18 | (Source: P.A. 101-516, eff. 7-1-21; revised 12-3-19.)
| ||||||
19 | Section 370. The Critical Health Problems and | ||||||
20 | Comprehensive Health
Education Act is amended by changing | ||||||
21 | Section 3 as follows:
| ||||||
22 | (105 ILCS 110/3)
| ||||||
23 | Sec. 3. Comprehensive Health Education Program. The | ||||||
24 | program established
under this Act shall include, but not be |
| |||||||
| |||||||
1 | limited to, the following major
educational areas as a basis | ||||||
2 | for curricula in all elementary and secondary
schools in this | ||||||
3 | State: human ecology and health, human growth and
development, | ||||||
4 | the emotional, psychological, physiological, hygienic , and
| ||||||
5 | social responsibilities of family life, including sexual | ||||||
6 | abstinence until
marriage, the prevention and control of | ||||||
7 | disease, including instruction in
grades 6 through 12 on the | ||||||
8 | prevention, transmission , and spread of AIDS, age-appropriate | ||||||
9 | sexual abuse and assault awareness and prevention education in | ||||||
10 | grades pre-kindergarten through 12, public and environmental | ||||||
11 | health, consumer health, safety education and
disaster | ||||||
12 | survival, mental health and illness, personal health habits,
| ||||||
13 | alcohol and , drug use , and abuse , including the medical and | ||||||
14 | legal ramifications
of alcohol, drug, and tobacco use, abuse | ||||||
15 | during pregnancy, evidence-based and medically accurate | ||||||
16 | information regarding sexual
abstinence, tobacco, nutrition, | ||||||
17 | and dental health. The instruction on mental health and | ||||||
18 | illness must evaluate the multiple dimensions of health by | ||||||
19 | reviewing the relationship between physical and mental health | ||||||
20 | so as to enhance student understanding, attitudes, and | ||||||
21 | behaviors that promote health, well-being, and human dignity. | ||||||
22 | The program shall also provide course material and instruction | ||||||
23 | to advise pupils of the Abandoned Newborn Infant Protection | ||||||
24 | Act.
The program shall include information about cancer, | ||||||
25 | including , without limitation , types of cancer, signs and | ||||||
26 | symptoms, risk factors, the importance of early prevention and |
| |||||||
| |||||||
1 | detection, and information on where to go for help. | ||||||
2 | Notwithstanding the above educational areas, the following | ||||||
3 | areas may also
be included as a basis for curricula in all | ||||||
4 | elementary and secondary
schools in this State: basic first | ||||||
5 | aid (including, but not limited to,
cardiopulmonary | ||||||
6 | resuscitation and the Heimlich maneuver), heart disease, | ||||||
7 | diabetes, stroke, the
prevention of child abuse, neglect, and | ||||||
8 | suicide, and teen dating violence in grades 7 through 12. | ||||||
9 | Beginning with the 2014-2015 school year, training on how to | ||||||
10 | properly administer cardiopulmonary resuscitation (which | ||||||
11 | training must be in accordance with standards of the American | ||||||
12 | Red Cross, the American Heart Association, or another | ||||||
13 | nationally recognized certifying organization) and how to use | ||||||
14 | an automated external defibrillator shall be included as a | ||||||
15 | basis for curricula in all secondary schools in this State. | ||||||
16 | The school board of each
public elementary and secondary | ||||||
17 | school in the State
shall encourage all teachers and other | ||||||
18 | school personnel to acquire,
develop, and maintain the | ||||||
19 | knowledge and skills necessary to properly
administer | ||||||
20 | life-saving techniques, including , without limitation , the
| ||||||
21 | Heimlich maneuver and rescue breathing.
The training shall be | ||||||
22 | in
accordance with standards of the
American Red Cross, the | ||||||
23 | American Heart Association, or another nationally
recognized | ||||||
24 | certifying organization.
A school board may use the
services | ||||||
25 | of non-governmental entities whose personnel have expertise in
| ||||||
26 | life-saving techniques to instruct teachers and other school |
| |||||||
| |||||||
1 | personnel in
these techniques. Each school board
is encouraged | ||||||
2 | to have in
its employ, or on its volunteer staff, at least one | ||||||
3 | person who is certified, by
the American Red Cross or by | ||||||
4 | another qualified certifying agency,
as qualified to | ||||||
5 | administer first aid and
cardiopulmonary resuscitation. In | ||||||
6 | addition, each school board is authorized to
allocate | ||||||
7 | appropriate portions of its institute or inservice days to | ||||||
8 | conduct
training programs for teachers and other school | ||||||
9 | personnel who have expressed an
interest in becoming qualified | ||||||
10 | to administer emergency first aid or
cardiopulmonary | ||||||
11 | resuscitation. School boards are urged to
encourage their | ||||||
12 | teachers and other school personnel who coach school athletic
| ||||||
13 | programs and other extracurricular school activities to | ||||||
14 | acquire, develop, and
maintain the knowledge and skills | ||||||
15 | necessary to properly administer first aid
and cardiopulmonary | ||||||
16 | resuscitation in accordance with standards and requirements
| ||||||
17 | established by the American Red Cross or another qualified | ||||||
18 | certifying agency. Subject to appropriation, the State Board | ||||||
19 | of Education shall establish and administer a matching grant | ||||||
20 | program to pay for half of the cost that a school district | ||||||
21 | incurs in training those teachers and other school personnel | ||||||
22 | who express an interest in becoming qualified to administer | ||||||
23 | cardiopulmonary resuscitation (which training must be in
| ||||||
24 | accordance with standards of the
American Red Cross, the | ||||||
25 | American Heart Association, or another nationally
recognized | ||||||
26 | certifying organization) or in learning how to use an |
| |||||||
| |||||||
1 | automated external defibrillator. A school district that | ||||||
2 | applies for a grant must demonstrate that it has funds to pay | ||||||
3 | half of the cost of the training for which matching grant money | ||||||
4 | is sought. The State Board of Education shall award the grants | ||||||
5 | on a first-come, first-serve basis.
| ||||||
6 | No pupil shall be
required to take or participate in any | ||||||
7 | class or course on AIDS or family
life instruction or to | ||||||
8 | receive training on how to properly administer cardiopulmonary | ||||||
9 | resuscitation or how to use an automated external | ||||||
10 | defibrillator if his or her parent or guardian submits written | ||||||
11 | objection
thereto, and refusal to take or participate in the | ||||||
12 | course or program or the training shall
not be reason for | ||||||
13 | suspension or expulsion of the pupil.
| ||||||
14 | Curricula developed under programs established in | ||||||
15 | accordance with this
Act in the major educational area of | ||||||
16 | alcohol and drug use and abuse shall
include classroom | ||||||
17 | instruction in grades 5 through 12. The instruction,
which | ||||||
18 | shall include matters relating to both the physical and legal | ||||||
19 | effects
and ramifications of drug and substance abuse, shall | ||||||
20 | be integrated into
existing curricula; and the State Board of | ||||||
21 | Education shall develop and make
available to all elementary | ||||||
22 | and secondary schools in this State
instructional materials | ||||||
23 | and guidelines which will assist the schools in
incorporating | ||||||
24 | the instruction into their existing curricula. In
addition, | ||||||
25 | school districts may offer, as part of existing curricula | ||||||
26 | during
the school day or as part of an after school program, |
| |||||||
| |||||||
1 | support services and
instruction for pupils or pupils whose | ||||||
2 | parent, parents, or guardians are
chemically dependent.
| ||||||
3 | (Source: P.A. 101-305, eff. 1-1-20; revised 8-21-20.)
| ||||||
4 | Section 375. The Dual Credit Quality Act is amended by | ||||||
5 | changing Section 20 as follows:
| ||||||
6 | (110 ILCS 27/20) | ||||||
7 | Sec. 20. Standards. All institutions offering dual credit | ||||||
8 | courses shall meet the following standards: | ||||||
9 | (1) High school instructors teaching credit-bearing | ||||||
10 | college-level courses for dual credit must meet any of the | ||||||
11 | academic credential requirements set forth in this | ||||||
12 | paragraph or paragraph (1), (2) , or (3) of this Section | ||||||
13 | and need not meet higher certification requirements or | ||||||
14 | those set out in Article 21B of the School Code: | ||||||
15 | (A) Approved instructors of dual credit courses | ||||||
16 | shall meet any of the faculty credential standards | ||||||
17 | allowed by the Higher Learning Commission to determine | ||||||
18 | minimally qualified faculty. At the request of an | ||||||
19 | instructor, an instructor who meets these credential | ||||||
20 | standards shall be provided by the State Board of | ||||||
21 | Education with a Dual Credit Endorsement, to be placed | ||||||
22 | on the professional educator license, as established | ||||||
23 | by the State Board of Education and as authorized | ||||||
24 | under Article 21B of the School Code and promulgated |
| |||||||
| |||||||
1 | through administrative rule in cooperation with the | ||||||
2 | Illinois Community College Board and the Board of | ||||||
3 | Higher Education. | ||||||
4 | (B) An instructor who does not meet the faculty | ||||||
5 | credential standards allowed by the Higher Learning | ||||||
6 | Commission to determine minimally qualified faculty | ||||||
7 | may teach dual credit courses if the instructor has a | ||||||
8 | professional development plan, approved by the | ||||||
9 | institution and shared with the State Board of | ||||||
10 | Education, within 4 years of January 1, 2019 ( the | ||||||
11 | effective date of Public Act 100-1049) this amendatory | ||||||
12 | Act of the 100th General Assembly , to raise his or her | ||||||
13 | credentials to be in line with the credentials under | ||||||
14 | subparagraph (A) of this paragraph (1). The | ||||||
15 | institution shall have 30 days to review the plan and | ||||||
16 | approve an instructor professional development plan | ||||||
17 | that is in line with the credentials set forth in | ||||||
18 | paragraph (2) of this Section. The institution shall | ||||||
19 | not unreasonably withhold approval of a professional | ||||||
20 | development plan. These approvals shall be good for as | ||||||
21 | long as satisfactory progress toward the completion of | ||||||
22 | the credential is demonstrated, but in no event shall | ||||||
23 | a professional development plan be in effect for more | ||||||
24 | than 3 years from the date of its approval. A high | ||||||
25 | school instructor whose professional development plan | ||||||
26 | is not approved by the institution may appeal to the |
| |||||||
| |||||||
1 | Illinois Community College Board or the Board of | ||||||
2 | Higher Education, as appropriate. | ||||||
3 | (C) The Illinois Community College Board shall | ||||||
4 | report yearly on its Internet website the number of | ||||||
5 | teachers who have approved professional development | ||||||
6 | plans under this Section. | ||||||
7 | (2) A high school instructor shall qualify for a | ||||||
8 | professional development plan if the instructor: | ||||||
9 | (A) has a master's degree in any discipline and | ||||||
10 | has earned 9 graduate hours in a discipline in which he | ||||||
11 | or she is currently teaching or expects to teach; or | ||||||
12 | (B) has a bachelor's degree with a minimum of 18 | ||||||
13 | graduate hours in a discipline that he or she is | ||||||
14 | currently teaching or expects to teach and is enrolled | ||||||
15 | in a discipline-specific master's degree program; and | ||||||
16 | (C) agrees to demonstrate his or her progress | ||||||
17 | toward completion to the supervising institution, as | ||||||
18 | outlined in the professional development plan. | ||||||
19 | (3) An instructor in career and technical education | ||||||
20 | courses must possess the credentials and demonstrated | ||||||
21 | teaching competencies appropriate to the field of | ||||||
22 | instruction. | ||||||
23 | (4) Course content must be equivalent to | ||||||
24 | credit-bearing college-level courses offered at the | ||||||
25 | community college. | ||||||
26 | (5) Learning outcomes must be the same as |
| |||||||
| |||||||
1 | credit-bearing college-level courses and be appropriately | ||||||
2 | measured. | ||||||
3 | (6) A high school instructor is expected to | ||||||
4 | participate in any orientation developed by the | ||||||
5 | institution for dual credit instructors in course | ||||||
6 | curriculum, assessment methods, and administrative | ||||||
7 | requirements. | ||||||
8 | (7) Dual credit instructors must be given the | ||||||
9 | opportunity to participate in all activities available to | ||||||
10 | other adjunct faculty, including professional development, | ||||||
11 | seminars, site visits, and internal communication, | ||||||
12 | provided that such opportunities do not interfere with an | ||||||
13 | instructor's regular teaching duties. | ||||||
14 | (8) Every dual credit course must be reviewed annually | ||||||
15 | by faculty through the appropriate department to ensure | ||||||
16 | consistency with campus courses.
| ||||||
17 | (9) Dual credit students must be assessed using | ||||||
18 | methods consistent with students in traditional | ||||||
19 | credit-bearing college courses.
| ||||||
20 | (Source: P.A. 100-1049, eff. 1-1-19; revised 7-16-19.)
| ||||||
21 | Section 380. The Higher Education Veterans Service Act is | ||||||
22 | amended by changing Section 15 as follows:
| ||||||
23 | (110 ILCS 49/15)
| ||||||
24 | Sec. 15. Survey; coordinator; best practices report; best |
| |||||||
| |||||||
1 | efforts.
| ||||||
2 | (a) All public colleges and universities shall, within 60 | ||||||
3 | days after the effective date of this Act, conduct a survey of | ||||||
4 | the services and programs that are provided for veterans, | ||||||
5 | active duty military personnel, and their families, at each of | ||||||
6 | their respective campuses. This survey shall enumerate and | ||||||
7 | fully describe the service or program that is available, the | ||||||
8 | number of veterans or active duty personnel using the service | ||||||
9 | or program, an estimated range for potential use within a | ||||||
10 | 5-year and 10-year period, information on the location of the | ||||||
11 | service or program, and how its administrators may be | ||||||
12 | contacted. The survey shall indicate the manner or manners in | ||||||
13 | which a student veteran may avail himself or herself of the | ||||||
14 | program's services. This survey must be made available to all | ||||||
15 | veterans matriculating at the college or university in the | ||||||
16 | form of an orientation-related guidebook. | ||||||
17 | Each public college and university shall make the survey | ||||||
18 | available on the homepage of all campus Internet links as soon | ||||||
19 | as practical after the completion of the survey. As soon as | ||||||
20 | possible after the completion of the survey, each public | ||||||
21 | college and university shall provide a copy of its survey to | ||||||
22 | the following: | ||||||
23 | (1) the Board of Higher Education; | ||||||
24 | (2) the Department of Veterans' Affairs; | ||||||
25 | (3) the President and Minority Leader of the Senate | ||||||
26 | and the Speaker and Minority Leader of the House of |
| |||||||
| |||||||
1 | Representatives; and | ||||||
2 | (4) the Governor. | ||||||
3 | (b) Each public college and university shall, at its | ||||||
4 | discretion, (i) appoint, within 6 months after the effective | ||||||
5 | date of this Act, an existing employee or (ii) hire a new | ||||||
6 | employee to serve as a Coordinator of Veterans and Military | ||||||
7 | Personnel Student Services on each campus of the college or | ||||||
8 | university that has an onsite, daily, full-time student | ||||||
9 | headcount above 1,000 students. | ||||||
10 | The Coordinator of Veterans and Military Personnel Student | ||||||
11 | Services shall be an ombudsperson serving the specific needs | ||||||
12 | of student veterans and military personnel and their families | ||||||
13 | and shall serve as an advocate before the administration of | ||||||
14 | the college or university for the needs of student veterans. | ||||||
15 | The college or university shall enable the Coordinator of | ||||||
16 | Veterans and Military Personnel Student Services to | ||||||
17 | communicate directly with the senior executive administration | ||||||
18 | of the college or university periodically. The college or | ||||||
19 | university shall retain unfettered discretion to determine the | ||||||
20 | organizational management structure of its institution. | ||||||
21 | In addition to any responsibilities the college or | ||||||
22 | university may assign, the Coordinator of Veterans and | ||||||
23 | Military Personnel Student Services shall make its best | ||||||
24 | efforts to create a centralized source for student veterans | ||||||
25 | and military personnel to learn how to receive all benefit | ||||||
26 | programs and services for which they are eligible. |
| |||||||
| |||||||
1 | Each college and university campus that is required to | ||||||
2 | have a Coordinator of Veterans and Military Personnel Student | ||||||
3 | Services shall regularly and conspicuously advertise the | ||||||
4 | office location and , phone number of , and Internet access to | ||||||
5 | the Coordinator of Veterans and Military Personnel Student | ||||||
6 | Services, along with a brief summary of the manner in which he | ||||||
7 | or she can assist student veterans. The advertisement shall | ||||||
8 | include, but is not necessarily limited to, the following: | ||||||
9 | (1) advertisements on each campus' Internet home page; | ||||||
10 | and | ||||||
11 | (2) any promotional mailings for student application. | ||||||
12 | The Coordinator of Veterans and Military Personnel Student | ||||||
13 | Services shall facilitate other campus offices with the | ||||||
14 | promotion of programs and services that are available. | ||||||
15 | (c) Upon receipt of all of the surveys under subsection | ||||||
16 | (a) of this Section, the Board of Higher Education and the | ||||||
17 | Department of Veterans' Affairs shall conduct a joint review | ||||||
18 | of the surveys and post, on any Internet home page they may | ||||||
19 | operate, a link to each survey as posted on the Internet | ||||||
20 | website for the college or university. Upon receipt of all of | ||||||
21 | the surveys, the Office of the Governor, through its military | ||||||
22 | affairs advisors, shall similarly conduct a review of the | ||||||
23 | surveys and post the surveys on its Internet website. | ||||||
24 | Following its review of the surveys, the Office of the | ||||||
25 | Governor shall submit an evaluation report to each college and | ||||||
26 | university offering suggestions and insight on the conduct of |
| |||||||
| |||||||
1 | student veteran-related policies and programs. | ||||||
2 | (d) The Board of Higher Education and the Department of | ||||||
3 | Veterans' Affairs may issue a best practices report to | ||||||
4 | highlight those programs and services that are most beneficial | ||||||
5 | to veterans and active duty military personnel. The report | ||||||
6 | shall contain a fiscal needs assessment in conjunction with | ||||||
7 | any program recommendations. | ||||||
8 | (e) Each college and university campus that is required to | ||||||
9 | have a Coordinator of Veterans and Military Personnel Student | ||||||
10 | Services under subsection (b) of this Section shall make its | ||||||
11 | best efforts to create academic and social programs and | ||||||
12 | services for veterans and active duty military personnel that | ||||||
13 | will provide reasonable opportunities for academic performance | ||||||
14 | and success. | ||||||
15 | Each public college and university shall make its best | ||||||
16 | efforts to determine how its online educational curricula can | ||||||
17 | be expanded or altered to serve the needs of student veterans | ||||||
18 | and currently-deployed military, including a determination of | ||||||
19 | whether and to what extent the public colleges and | ||||||
20 | universities can share existing technologies to improve the | ||||||
21 | online curricula of peer institutions, provided such efforts | ||||||
22 | are both practically and economically feasible.
| ||||||
23 | (Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
| ||||||
24 | Section 385. The Public University Energy Conservation Act | ||||||
25 | is amended by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 62/5)
| ||||||
2 | Sec. 5. Definitions. In this Act , words and phrases have | ||||||
3 | the
meanings set forth in the following Sections preceding | ||||||
4 | Section 10.
| ||||||
5 | (Source: P.A. 90-486, eff. 8-17-97; revised 7-16-19.)
| ||||||
6 | Section 390. The University of Illinois Act is amended by | ||||||
7 | setting forth, renumbering, and changing multiple versions of | ||||||
8 | Section 105 as follows:
| ||||||
9 | (110 ILCS 305/105) | ||||||
10 | Sec. 105. Mental health resources. For the 2020-2021 | ||||||
11 | academic year and for each academic year thereafter, the | ||||||
12 | University must make available to its students information on | ||||||
13 | all mental health and suicide prevention resources available | ||||||
14 | at the University.
| ||||||
15 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
16 | (110 ILCS 305/110)
| ||||||
17 | Sec. 110 105 . Competency-based learning program; notice. | ||||||
18 | If the University offers a competency-based learning program, | ||||||
19 | it must notify a student if he or she becomes eligible for the | ||||||
20 | program.
| ||||||
21 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-21-19.)
|
| |||||||
| |||||||
1 | (110 ILCS 305/115)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022) | ||||||
3 | Sec. 115 105 . Water rates report. | ||||||
4 | (a) Subject to appropriation, no later than December 1, | ||||||
5 | 2020, the Government Finance Research Center at the University | ||||||
6 | of Illinois at Chicago, in coordination with an | ||||||
7 | intergovernmental advisory committee, must issue a report | ||||||
8 | evaluating the setting of water rates throughout the Lake | ||||||
9 | Michigan service area of northeastern Illinois and, no later | ||||||
10 | than December 1, 2021, for the remainder of Illinois. The | ||||||
11 | report must provide recommendations for policy and regulatory | ||||||
12 | needs at the State and local level based on its findings. The | ||||||
13 | report shall, at a minimum, address all of the following | ||||||
14 | areas: | ||||||
15 | (1) The components of a water bill. | ||||||
16 | (2) Reasons for increases in water rates. | ||||||
17 | (3) The definition of affordability throughout the | ||||||
18 | State and any variances to that definition. | ||||||
19 | (4) Evidence of rate-setting that utilizes | ||||||
20 | inappropriate practices. | ||||||
21 | (5) The extent to which State or local policies drive | ||||||
22 | cost increases or variations in rate-settings. | ||||||
23 | (6) Challenges within economically disadvantaged | ||||||
24 | communities in setting water rates. | ||||||
25 | (7) Opportunities for increased intergovernmental | ||||||
26 | coordination for setting equitable water rates. |
| |||||||
| |||||||
1 | (b) In developing the report under this Section, the | ||||||
2 | Government Finance Research Center shall form an advisory | ||||||
3 | committee, which shall be composed of all of the following | ||||||
4 | members: | ||||||
5 | (1) The Director of the Environmental Protection | ||||||
6 | Agency, or his or her designee. | ||||||
7 | (2) The Director of Natural Resources, or his or her | ||||||
8 | designee. | ||||||
9 | (3) The Director of Commerce and Economic Opportunity, | ||||||
10 | or his or her designee. | ||||||
11 | (4) The Attorney General, or his or her designee. | ||||||
12 | (5) At least 2 members who are representatives of | ||||||
13 | private water utilities operating in Illinois, appointed | ||||||
14 | by the Director of the Government Finance Research Center. | ||||||
15 | (6) At least 4 members who are representatives of | ||||||
16 | municipal water utilities, appointed by the Director of | ||||||
17 | the Government Finance Research Center. | ||||||
18 | (7) One member who is a representative of an | ||||||
19 | environmental justice advocacy organization, appointed by | ||||||
20 | the Director of the Government Finance Research Center. | ||||||
21 | (8) One member who is a representative of a consumer | ||||||
22 | advocacy organization, appointed by the Director of the | ||||||
23 | Government Finance Research Center. | ||||||
24 | (9) One member who is a representative of an | ||||||
25 | environmental planning organization that serves | ||||||
26 | northeastern Illinois, appointed by the Director of the |
| |||||||
| |||||||
1 | Government Finance Research Center. | ||||||
2 | (10) The Director of the Illinois State Water Survey, | ||||||
3 | or his or her designee. | ||||||
4 | (11) The Chairperson of the Illinois Commerce | ||||||
5 | Commission, or his or her designee. | ||||||
6 | (c) After all members are appointed, the committee shall | ||||||
7 | hold its first meeting at the call of the Director of the | ||||||
8 | Government Finance Research Center, at which meeting the | ||||||
9 | members shall select a chairperson from among themselves. | ||||||
10 | After its first meeting, the committee shall meet at the call | ||||||
11 | of the chairperson. Members of the committee shall serve | ||||||
12 | without compensation but may be reimbursed for their | ||||||
13 | reasonable and necessary expenses incurred in performing their | ||||||
14 | duties. The Government Finance Research Center shall provide | ||||||
15 | administrative and other support to the committee. | ||||||
16 | (d) No later than 60 days after August 23, 2019 ( the | ||||||
17 | effective date of Public Act 101-562) this amendatory Act of | ||||||
18 | the 101st General Assembly , the Government Finance Research | ||||||
19 | Center must provide an opportunity for public comment on the | ||||||
20 | questions to be addressed in the report, the metrics to be | ||||||
21 | used, and the recommendations that need to be issued. | ||||||
22 | (e) This Section is repealed on January 1, 2022.
| ||||||
23 | (Source: P.A. 101-562, eff. 8-23-19; revised 10-21-19.)
| ||||||
24 | Section 395. The University of Illinois Hospital Act is | ||||||
25 | amended by setting forth, renumbering, and changing multiple |
| |||||||
| |||||||
1 | versions of Section 8b as follows:
| ||||||
2 | (110 ILCS 330/8b) | ||||||
3 | Sec. 8b. Instruments for taking a pregnant woman's blood | ||||||
4 | pressure. The University of Illinois Hospital shall ensure | ||||||
5 | that it has the proper instruments available for taking a | ||||||
6 | pregnant woman's blood pressure. The Department of Public | ||||||
7 | Health shall adopt rules for the implementation of this | ||||||
8 | Section.
| ||||||
9 | (Source: P.A. 101-91, eff. 1-1-20.)
| ||||||
10 | (110 ILCS 330/8c) | ||||||
11 | Sec. 8c 8b . Closed captioning required. The University of | ||||||
12 | Illinois Hospital must make reasonable efforts to have | ||||||
13 | activated at all times the closed captioning feature on a | ||||||
14 | television in a common area provided for use by the general | ||||||
15 | public or in a patient's room or to enable the closed | ||||||
16 | captioning feature when requested to do so by a member of the | ||||||
17 | general public or a patient if the television includes a | ||||||
18 | closed captioning feature. | ||||||
19 | It is not a violation of this Section if the closed | ||||||
20 | captioning feature is deactivated by a member of the | ||||||
21 | University of Illinois Hospital's staff after such feature is | ||||||
22 | enabled in a common area or in a patient's room unless the | ||||||
23 | deactivation of the closed captioning feature is knowing or | ||||||
24 | intentional. It is not a violation of this Section if the |
| |||||||
| |||||||
1 | closed captioning feature is deactivated by a member of the | ||||||
2 | general public, a patient, or a member of the University of | ||||||
3 | Illinois Hospital's staff at the request of a patient of the | ||||||
4 | University of Illinois Hospital. | ||||||
5 | If the University of Illinois Hospital does not have a | ||||||
6 | television that includes a closed captioning feature, then the | ||||||
7 | University of Illinois Hospital must ensure that all | ||||||
8 | televisions obtained for common areas and patient rooms after | ||||||
9 | January 1, 2020 ( the effective date of Public Act 101-116) | ||||||
10 | this amendatory Act of the 101st General Assembly include a | ||||||
11 | closed captioning feature. This Section does not affect any | ||||||
12 | other provision of law relating to disability discrimination | ||||||
13 | or providing reasonable accommodations or diminish the rights | ||||||
14 | of a person with a disability under any other law. | ||||||
15 | As used in this Section, "closed captioning" means a text | ||||||
16 | display of spoken words presented on a television that allows | ||||||
17 | a deaf or hard of hearing viewer to follow the dialogue and the | ||||||
18 | action of a program simultaneously.
| ||||||
19 | (Source: P.A. 101-116, eff. 1-1-20; revised 9-17-19.)
| ||||||
20 | Section 400. The Southern Illinois University Management | ||||||
21 | Act is amended by setting forth and renumbering multiple | ||||||
22 | versions of Section 90 as follows:
| ||||||
23 | (110 ILCS 520/90) | ||||||
24 | Sec. 90. Mental health resources. For the 2020-2021 |
| |||||||
| |||||||
1 | academic year and for each academic year thereafter, the | ||||||
2 | University must make available to its students information on | ||||||
3 | all mental health and suicide prevention resources available | ||||||
4 | at the University.
| ||||||
5 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
6 | (110 ILCS 520/95) | ||||||
7 | Sec. 95 90 . Competency-based learning program; notice. If | ||||||
8 | the University offers a competency-based learning program, it | ||||||
9 | must notify a student if he or she becomes eligible for the | ||||||
10 | program.
| ||||||
11 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
12 | Section 405. The Chicago State University Law is amended | ||||||
13 | by setting forth and renumbering multiple versions of Section | ||||||
14 | 5-200 as follows:
| ||||||
15 | (110 ILCS 660/5-200) | ||||||
16 | Sec. 5-200. Mental health resources. For the 2020-2021 | ||||||
17 | academic year for and each academic year thereafter, the | ||||||
18 | University must make available to its students information on | ||||||
19 | all mental health and suicide prevention resources available | ||||||
20 | at the University.
| ||||||
21 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
22 | (110 ILCS 660/5-205) |
| |||||||
| |||||||
1 | Sec. 5-205 5-200 . Competency-based learning program; | ||||||
2 | notice. If the University offers a competency-based learning | ||||||
3 | program, it must notify a student if he or she becomes eligible | ||||||
4 | for the program.
| ||||||
5 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
6 | Section 410. The Eastern Illinois University Law is | ||||||
7 | amended by setting forth and renumbering multiple versions of | ||||||
8 | Section 10-200 as follows:
| ||||||
9 | (110 ILCS 665/10-200) | ||||||
10 | Sec. 10-200. Mental health resources. For the 2020-2021 | ||||||
11 | academic year and for each academic year thereafter, the | ||||||
12 | University must make available to its students information on | ||||||
13 | all mental health and suicide prevention resources available | ||||||
14 | at the University.
| ||||||
15 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
16 | (110 ILCS 665/10-205) | ||||||
17 | Sec. 10-205 10-200 . Competency-based learning program; | ||||||
18 | notice. If the University offers a competency-based learning | ||||||
19 | program, it must notify a student if he or she becomes eligible | ||||||
20 | for the program.
| ||||||
21 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
22 | Section 415. The Governors State University Law is amended |
| |||||||
| |||||||
1 | by setting forth and renumbering multiple versions of Section | ||||||
2 | 15-200 as follows:
| ||||||
3 | (110 ILCS 670/15-200) | ||||||
4 | Sec. 15-200. Mental health resources. For the 2020-2021 | ||||||
5 | academic year and for each academic year thereafter, the | ||||||
6 | University must make available to its students information on | ||||||
7 | all mental health and suicide prevention resources available | ||||||
8 | at the University.
| ||||||
9 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
10 | (110 ILCS 670/15-205) | ||||||
11 | Sec. 15-205 15-200 . Competency-based learning program; | ||||||
12 | notice. If the University offers a competency-based learning | ||||||
13 | program, it must notify a student if he or she becomes eligible | ||||||
14 | for the program.
| ||||||
15 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
16 | Section 420. The Illinois State University Law is amended | ||||||
17 | by setting forth and renumbering multiple versions of Section | ||||||
18 | 20-205 as follows:
| ||||||
19 | (110 ILCS 675/20-205) | ||||||
20 | Sec. 20-205. Mental health resources. For the 2020-2021 | ||||||
21 | academic year and for each academic year thereafter, the | ||||||
22 | University must make available to its students information on |
| |||||||
| |||||||
1 | all mental health and suicide prevention resources available | ||||||
2 | at the University.
| ||||||
3 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
4 | (110 ILCS 675/20-210) | ||||||
5 | Sec. 20-210 20-205 . Competency-based learning program; | ||||||
6 | notice. If the University offers a competency-based learning | ||||||
7 | program, it must notify a student if he or she becomes eligible | ||||||
8 | for the program.
| ||||||
9 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
10 | Section 425. The Northeastern Illinois University Law is | ||||||
11 | amended by setting forth and renumbering multiple versions of | ||||||
12 | Section 25-200 as follows:
| ||||||
13 | (110 ILCS 680/25-200) | ||||||
14 | Sec. 25-200. Mental health resources. For the 2020-2021 | ||||||
15 | academic year and for each academic year thereafter, the | ||||||
16 | University must make available to its students information on | ||||||
17 | all mental health and suicide prevention resources available | ||||||
18 | at the University.
| ||||||
19 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
20 | (110 ILCS 680/25-205) | ||||||
21 | Sec. 25-205 25-200 . Competency-based learning program; | ||||||
22 | notice. If the University offers a competency-based learning |
| |||||||
| |||||||
1 | program, it must notify a student if he or she becomes eligible | ||||||
2 | for the program.
| ||||||
3 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
4 | Section 430. The Northern Illinois University Law is | ||||||
5 | amended by setting forth and renumbering multiple versions of | ||||||
6 | Section 30-210 as follows:
| ||||||
7 | (110 ILCS 685/30-210) | ||||||
8 | Sec. 30-210. Mental health resources. For the 2020-2021 | ||||||
9 | academic year and for each academic year thereafter, the | ||||||
10 | University must make available to its students information on | ||||||
11 | all mental health and suicide prevention resources available | ||||||
12 | at the University.
| ||||||
13 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
14 | (110 ILCS 685/30-215) | ||||||
15 | Sec. 30-215 30-210 . Competency-based learning program; | ||||||
16 | notice. If the University offers a competency-based learning | ||||||
17 | program, it must notify a student if he or she becomes eligible | ||||||
18 | for the program.
| ||||||
19 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
20 | Section 435. The Western Illinois University Law is | ||||||
21 | amended by setting forth and renumbering multiple versions of | ||||||
22 | Section 35-205 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 690/35-205) | ||||||
2 | Sec. 35-205. Mental health resources. For the 2020-2021 | ||||||
3 | academic year and for each academic year thereafter, the | ||||||
4 | University must make available to its students information on | ||||||
5 | all mental health and suicide prevention resources available | ||||||
6 | at the University.
| ||||||
7 | (Source: P.A. 101-217, eff. 1-1-20.)
| ||||||
8 | (110 ILCS 690/35-210) | ||||||
9 | Sec. 35-210 35-205 . Competency-based learning program; | ||||||
10 | notice. If the University offers a competency-based learning | ||||||
11 | program, it must notify a student if he or she becomes eligible | ||||||
12 | for the program.
| ||||||
13 | (Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
| ||||||
14 | Section 440. The Public Community College Act is amended | ||||||
15 | by changing Sections 2-26 and 3-42.1 as follows:
| ||||||
16 | (110 ILCS 805/2-26) | ||||||
17 | Sec. 2-26. 21st Century Employment grant program. | ||||||
18 | (a) Subject to appropriation, the State Board shall | ||||||
19 | establish and administer a 21st Century Employment grant | ||||||
20 | program. To qualify for a grant, a community college district | ||||||
21 | and a public high school located in that district must jointly | ||||||
22 | establish a collaborative regional partnership with workforce |
| |||||||
| |||||||
1 | development organizations, including community-based | ||||||
2 | organizations with a vested interest in the workforce, | ||||||
3 | regional economic development organizations, and economic | ||||||
4 | development officials in the district, along with | ||||||
5 | manufacturers, healthcare service providers, and innovative | ||||||
6 | technology businesses that have a presence in the district, to | ||||||
7 | provide a manufacturing training program. A grant recipient | ||||||
8 | must provide the State Board with a plan that meets all of the | ||||||
9 | following requirements: | ||||||
10 | (1) The plan shall define specific goals that a | ||||||
11 | student must meet upon graduation. | ||||||
12 | (2) The plan shall include the type of professional | ||||||
13 | skills that will be taught in order for the students to | ||||||
14 | gain and retain employment. The professional skills | ||||||
15 | curriculum in the program shall include, but not be | ||||||
16 | limited to, training on all of the following: | ||||||
17 | (A) Effective communication skills. | ||||||
18 | (B) Teamwork. | ||||||
19 | (C) Dependability. | ||||||
20 | (D) Adaptability. | ||||||
21 | (E) Conflict resolution. | ||||||
22 | (F) Flexibility. | ||||||
23 | (G) Leadership. | ||||||
24 | (H) Problem-solving. | ||||||
25 | (I) Research. | ||||||
26 | (J) Creativity. |
| |||||||
| |||||||
1 | (K) Work ethic. | ||||||
2 | (L) Integrity. | ||||||
3 | In awarding grants under this Section, the State Board | ||||||
4 | must give priority to plans that demonstrate a formal | ||||||
5 | articulation agreement between a public high school and a | ||||||
6 | community college district. | ||||||
7 | (3) The plan shall include a budget that includes any | ||||||
8 | outside donations, including any in-kind donations, made | ||||||
9 | to help the program, including from non-profit entities | ||||||
10 | and individuals. | ||||||
11 | (4) The plan shall include the proposed number of | ||||||
12 | individuals who would be enrolled in the program, along | ||||||
13 | with the places that those individuals could be employed | ||||||
14 | at after graduation and what industries would be targeted. | ||||||
15 | The plan must support a seamless transition into higher | ||||||
16 | education and career opportunities and must outline the | ||||||
17 | college credit and on-the-job training hours that will | ||||||
18 | transfer from the high school to a community college. | ||||||
19 | (5) The plan shall require a private-public | ||||||
20 | partnership clause that requires private businesses to | ||||||
21 | contribute an amount determined by the State Board and the | ||||||
22 | collaborative regional partnership that does not exceed | ||||||
23 | 40% of the amount of the total project. The applicant must | ||||||
24 | provide the State Board with a receipt of contributions | ||||||
25 | from businesses to evidence compliance with this | ||||||
26 | paragraph. However, businesses may contribute equipment or |
| |||||||
| |||||||
1 | offer their facilities, in which case a business shall | ||||||
2 | establish a cost of use of its facility, to meet the | ||||||
3 | requirements of this paragraph. | ||||||
4 | (6) The plan shall indicate the certificates that the | ||||||
5 | community college or high school will offer to students | ||||||
6 | upon graduation, as agreed to by the collaborative | ||||||
7 | regional partnership. The community college or high school | ||||||
8 | shall offer no less than 6 types of industry-recognized | ||||||
9 | certificates. | ||||||
10 | (b) The State Board shall establish an advisory board for | ||||||
11 | the grant program established under subsection (a) that | ||||||
12 | consists of all of the following members: | ||||||
13 | (1) The Director of Commerce and Economic Opportunity. | ||||||
14 | (2) The Executive Director of the State Board. | ||||||
15 | (3) The State Superintendent of Education. | ||||||
16 | (4) The Director of Labor. | ||||||
17 | (5) A senator appointed by the President of the | ||||||
18 | Senate. | ||||||
19 | (6) A senator appointed by the Minority Leader of the | ||||||
20 | Senate. | ||||||
21 | (7) A representative appointed by the Speaker of the | ||||||
22 | House of Representatives. | ||||||
23 | (8) A representative appointed by the Minority Leader | ||||||
24 | of the House of Representatives. | ||||||
25 | (9) A member from a statewide organization that | ||||||
26 | represents manufacturing companies throughout this State, |
| |||||||
| |||||||
1 | appointed by the Governor. | ||||||
2 | (10) A member who represents at-risk students, | ||||||
3 | including, but not limited to, opportunity youth, | ||||||
4 | appointed by the Governor. | ||||||
5 | (11) A member from a statewide organization that | ||||||
6 | represents multiple employee unions in this State, | ||||||
7 | appointed by the Governor. | ||||||
8 | (12) A member from a trade union, appointed by the | ||||||
9 | Governor. | ||||||
10 | (13) A member from a statewide organization that | ||||||
11 | represents the business community, appointed by the | ||||||
12 | Governor. | ||||||
13 | (14) A member from a statewide organization that | ||||||
14 | represents service employees in this State, appointed by | ||||||
15 | the Governor. | ||||||
16 | (15) Educators representing various regions of this | ||||||
17 | State from professional teachers' organizations, appointed | ||||||
18 | by the Governor. | ||||||
19 | (16) A member from a statewide organization that | ||||||
20 | represents hospitals in this State, appointed by the | ||||||
21 | Governor. | ||||||
22 | (17) A president of a community college, appointed by | ||||||
23 | the Governor. | ||||||
24 | (18) A district superintendent of a high school | ||||||
25 | district, appointed by the Governor. | ||||||
26 | The members of the advisory board shall serve without |
| |||||||
| |||||||
1 | compensation but shall be reimbursed for their reasonable and | ||||||
2 | necessary expenses from funds appropriated to the State Board | ||||||
3 | for that purpose, including travel, subject to the rules of | ||||||
4 | the appropriate travel control board. | ||||||
5 | The advisory board shall meet at the call of the State | ||||||
6 | Board and shall report to the State Board. The State Board | ||||||
7 | shall provide administrative and other support to the advisory | ||||||
8 | board. | ||||||
9 | (c) The advisory board established under subsection (b) | ||||||
10 | shall have all of the following duties: | ||||||
11 | (1) To review the progress made by each grant | ||||||
12 | recipient, including, but not limited to, the | ||||||
13 | gainful-employment success rate, how many students remain | ||||||
14 | employed for how long, and how many students went on to | ||||||
15 | receive higher manufacturing certificates. | ||||||
16 | (2) To review how many students went on to complete a | ||||||
17 | paid internship or apprenticeship upon graduation. | ||||||
18 | (3) To compile a list of programs offered by each | ||||||
19 | community college or high school. | ||||||
20 | (4) To analyze whether the certificates are closing | ||||||
21 | the gap in education for the current needs of the labor | ||||||
22 | force, and to offer suggestions on how to close the gap if | ||||||
23 | one still exists. | ||||||
24 | (5) To suggest certificates that could help future | ||||||
25 | employers looking to locate in this State. | ||||||
26 | (6) To offer guidelines for the types of certificates |
| |||||||
| |||||||
1 | that a community college or high school should pursue. | ||||||
2 | (7) To offer possible rules to the State Board that | ||||||
3 | the grant process should follow. | ||||||
4 | (d) The State Board may adopt any rules necessary for the | ||||||
5 | purposes of this Section.
| ||||||
6 | (Source: P.A. 101-437, eff. 1-1-20; revised 8-21-20.)
| ||||||
7 | (110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)
| ||||||
8 | Sec. 3-42.1. (a) To appoint law enforcement officer and | ||||||
9 | non-law enforcement officer members of the community college | ||||||
10 | district police department or department of public safety. | ||||||
11 | (b) Members of the community college district police | ||||||
12 | department or department of public safety who are law | ||||||
13 | enforcement officers, as defined in the Illinois Police | ||||||
14 | Training Act, shall be peace officers under the laws of this | ||||||
15 | State. As such, law enforcement officer members of these | ||||||
16 | departments shall have all of the powers of police officers in | ||||||
17 | cities and sheriffs in counties, including the power to make | ||||||
18 | arrests on view or on warrants for violations of State | ||||||
19 | statutes and to enforce county or city ordinances in all | ||||||
20 | counties that lie within the community college district, when | ||||||
21 | such is required for the protection of community college | ||||||
22 | personnel, students, property, or interests. Such officers | ||||||
23 | shall have no power to serve and execute civil process. | ||||||
24 | As peace officers in this State, all laws pertaining to | ||||||
25 | hiring, training, retention, service authority, and discipline |
| |||||||
| |||||||
1 | of police officers, under State law, shall apply. Law | ||||||
2 | enforcement officer members must complete the minimum basic | ||||||
3 | training requirements of a police training school under the | ||||||
4 | Illinois Police Training Act. Law enforcement officer members | ||||||
5 | who
have successfully completed an Illinois Law Enforcement | ||||||
6 | Training and Standards Board certified firearms course shall | ||||||
7 | be equipped with appropriate firearms and auxiliary weapons. | ||||||
8 | (c) Non-law enforcement officer members of the community | ||||||
9 | college police, public safety, or security departments whose | ||||||
10 | job requirements include performing patrol and security type | ||||||
11 | functions shall, within 6 months after their initial hiring | ||||||
12 | date, be required to successfully complete the 20-hour basic | ||||||
13 | security training course
required by (i) the Department of | ||||||
14 | Financial and Professional Regulation, Division of | ||||||
15 | Professional Regulation for Security Officers, (ii) by the | ||||||
16 | International Association of College Law Enforcement | ||||||
17 | Administrators, or (iii) campus protection officer training | ||||||
18 | program or a similar course
certified and approved by the | ||||||
19 | Illinois Law Enforcement Training and Standards Board. They | ||||||
20 | shall also be permitted to become members of an Illinois State | ||||||
21 | Training Board Mobile Training Unit and shall complete 8 hours | ||||||
22 | in continuing training, related to their specific position of | ||||||
23 | employment, each year. The board may establish reasonable | ||||||
24 | eligibility requirements for appointment and retention of | ||||||
25 | non-law enforcement officer members. | ||||||
26 | All non-law enforcement officer members authorized to |
| |||||||
| |||||||
1 | carry weapons, other than firearms, shall receive training on | ||||||
2 | the proper deployment and use of force regarding such weapons.
| ||||||
3 | (Source: P.A. 100-884, eff. 1-1-19; revised 11-16-20.)
| ||||||
4 | Section 445. The Illinois Educational Labor Relations Act | ||||||
5 | is amended by changing Section 14 as follows:
| ||||||
6 | (115 ILCS 5/14) (from Ch. 48, par. 1714)
| ||||||
7 | Sec. 14. Unfair labor practices.
| ||||||
8 | (a) Educational employers, their agents
or representatives | ||||||
9 | are prohibited from:
| ||||||
10 | (1) Interfering, restraining or coercing employees in | ||||||
11 | the exercise of
the rights guaranteed under this Act.
| ||||||
12 | (2) Dominating or interfering with the formation, | ||||||
13 | existence or
administration of any employee organization.
| ||||||
14 | (3) Discriminating in regard to hire or tenure of | ||||||
15 | employment or any term
or condition of employment to | ||||||
16 | encourage or discourage membership in any
employee | ||||||
17 | organization.
| ||||||
18 | (4) Discharging or otherwise discriminating against an | ||||||
19 | employee because
he or she has signed or filed an | ||||||
20 | affidavit, authorization card, petition or
complaint or | ||||||
21 | given any information or testimony under this Act.
| ||||||
22 | (5) Refusing to bargain collectively in good faith | ||||||
23 | with an employee
representative which is the exclusive | ||||||
24 | representative of employees in an
appropriate unit, |
| |||||||
| |||||||
1 | including , but not limited to , the discussing of | ||||||
2 | grievances
with the exclusive representative; provided, | ||||||
3 | however, that if an alleged
unfair labor practice involves | ||||||
4 | interpretation or application of the terms
of a collective | ||||||
5 | bargaining agreement and said agreement contains a
| ||||||
6 | grievance and arbitration procedure, the Board may defer | ||||||
7 | the resolution of
such dispute to the grievance and | ||||||
8 | arbitration procedure contained in said
agreement.
| ||||||
9 | (6) Refusing to reduce a collective bargaining | ||||||
10 | agreement to writing and
signing such agreement.
| ||||||
11 | (7) Violating any of the rules and regulations | ||||||
12 | promulgated by the Board
regulating the conduct of | ||||||
13 | representation elections.
| ||||||
14 | (8) Refusing to comply with the provisions of a | ||||||
15 | binding arbitration award.
| ||||||
16 | (9) Expending or causing the expenditure of public | ||||||
17 | funds to any
external agent, individual, firm, agency, | ||||||
18 | partnership or association in any
attempt to influence the | ||||||
19 | outcome of representational elections held
pursuant to | ||||||
20 | paragraph (c) of Section 7 of this Act; provided, that | ||||||
21 | nothing
in this subsection shall be construed to limit an | ||||||
22 | employer's right to be
represented on any matter | ||||||
23 | pertaining to unit determinations, unfair labor
practice | ||||||
24 | charges or pre-election conferences in any formal or | ||||||
25 | informal
proceeding before the Board, or to seek or obtain | ||||||
26 | advice from legal counsel.
Nothing in this paragraph shall |
| |||||||
| |||||||
1 | be construed to prohibit an employer from
expending or | ||||||
2 | causing the expenditure of public funds on, or seeking or
| ||||||
3 | obtaining services or advice from, any organization, group | ||||||
4 | or association
established by, and including educational | ||||||
5 | or public employers, whether or
not covered by this Act, | ||||||
6 | the Illinois Public Labor Relations Act or the
public | ||||||
7 | employment labor relations law of any other state or the | ||||||
8 | federal
government, provided that such services or advice | ||||||
9 | are generally available
to the membership of the | ||||||
10 | organization, group, or association, and are not
offered | ||||||
11 | solely in an attempt to influence the outcome of a | ||||||
12 | particular
representational election.
| ||||||
13 | (10) Interfering with, restraining, coercing, | ||||||
14 | deterring or discouraging educational employees or | ||||||
15 | applicants to be educational employees from: (1) becoming | ||||||
16 | members of an employee organization; (2) authorizing | ||||||
17 | representation by an employee organization; or (3) | ||||||
18 | authorizing dues or fee deductions to an employee | ||||||
19 | organization, nor shall the employer intentionally permit | ||||||
20 | outside third parties to use its email or other | ||||||
21 | communications systems to engage in that conduct. An | ||||||
22 | employer's good faith implementation of a policy to block | ||||||
23 | the use of its email or other communication systems for | ||||||
24 | such purposes shall be a defense to an unfair labor | ||||||
25 | practice. | ||||||
26 | (11) Disclosing to any person or entity information |
| |||||||
| |||||||
1 | set forth in subsection (d) of Section 3 of this Act that | ||||||
2 | the employer knows or should know will be used to | ||||||
3 | interfere with, restrain, coerce, deter, or discourage any | ||||||
4 | public employee from: (i) becoming or remaining members of | ||||||
5 | a labor organization, (ii) authorizing representation by a | ||||||
6 | labor organization, or (iii) authorizing dues or fee | ||||||
7 | deductions to a labor organization. | ||||||
8 | (b) Employee organizations, their agents or | ||||||
9 | representatives or educational
employees are prohibited from:
| ||||||
10 | (1) Restraining or coercing employees in the exercise | ||||||
11 | of the rights
guaranteed under this Act, provided that a | ||||||
12 | labor organization or its
agents shall commit an unfair | ||||||
13 | labor practice under this paragraph in duty
of fair | ||||||
14 | representation cases only by intentional misconduct in | ||||||
15 | representing
employees under this Act.
| ||||||
16 | (2) Restraining or coercing an educational employer in | ||||||
17 | the selection of
his representative for the purposes of | ||||||
18 | collective bargaining or the adjustment
of grievances.
| ||||||
19 | (3) Refusing to bargain collectively in good faith | ||||||
20 | with an educational
employer, if they have been designated | ||||||
21 | in accordance with the provisions
of this Act as the | ||||||
22 | exclusive representative of employees in an appropriate
| ||||||
23 | unit.
| ||||||
24 | (4) Violating any of the rules and regulations | ||||||
25 | promulgated by the Board
regulating the conduct of | ||||||
26 | representation elections.
|
| |||||||
| |||||||
1 | (5) Refusing to reduce a collective bargaining | ||||||
2 | agreement to writing and
signing such agreement.
| ||||||
3 | (6) Refusing to comply with the provisions of a | ||||||
4 | binding arbitration award.
| ||||||
5 | (c) The expressing of any views, argument, opinion or the
| ||||||
6 | dissemination thereof, whether in written, printed, graphic or | ||||||
7 | visual form,
shall not constitute or be evidence of an unfair | ||||||
8 | labor practice under any
of the provisions of this Act, if such | ||||||
9 | expression contains no threat of
reprisal or force or promise | ||||||
10 | of benefit.
| ||||||
11 | (c-5) The employer shall not discourage public employees | ||||||
12 | or applicants to be public employees from becoming or | ||||||
13 | remaining union members or authorizing dues deductions, and | ||||||
14 | shall not otherwise interfere with the relationship between | ||||||
15 | employees and their exclusive bargaining representative. The | ||||||
16 | employer shall refer all inquiries about union membership to | ||||||
17 | the exclusive bargaining representative, except that the | ||||||
18 | employer may communicate with employees regarding payroll | ||||||
19 | processes and procedures. The employer will establish email | ||||||
20 | policies in an effort to prohibit the use of its email system | ||||||
21 | by outside sources. | ||||||
22 | (d) The actions of a Financial Oversight Panel created | ||||||
23 | pursuant to Section
1A-8
of the School Code due to a district | ||||||
24 | violating a financial plan shall not
constitute or be evidence | ||||||
25 | of an unfair labor practice under any of the
provisions of this | ||||||
26 | Act. Such actions include, but are not limited to,
reviewing, |
| |||||||
| |||||||
1 | approving, or rejecting a school district budget or a | ||||||
2 | collective
bargaining agreement.
| ||||||
3 | (Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)
| ||||||
4 | Section 450. The Illinois Banking Act is amended by | ||||||
5 | changing Section 48 as follows:
| ||||||
6 | (205 ILCS 5/48)
| ||||||
7 | Sec. 48. Secretary's powers; duties. The Secretary shall | ||||||
8 | have the
powers and authority, and is charged with the duties | ||||||
9 | and responsibilities
designated in this Act, and a State bank | ||||||
10 | shall not be subject to any
other visitorial power other than | ||||||
11 | as authorized by this Act, except those
vested in the courts, | ||||||
12 | or upon prior consultation with the Secretary, a
foreign bank | ||||||
13 | regulator with an appropriate supervisory interest in the | ||||||
14 | parent
or affiliate of a state bank. In the performance of the | ||||||
15 | Secretary's
duties:
| ||||||
16 | (1) The Commissioner shall call for statements from | ||||||
17 | all State banks
as provided in Section 47 at least one time | ||||||
18 | during each calendar quarter.
| ||||||
19 | (2) (a) The Commissioner, as often as the Commissioner | ||||||
20 | shall deem
necessary or
proper, and no less frequently | ||||||
21 | than 18 months following the preceding
examination, shall | ||||||
22 | appoint a suitable person or
persons to make an | ||||||
23 | examination of the affairs of every State bank,
except | ||||||
24 | that for every eligible State bank, as defined by |
| |||||||
| |||||||
1 | regulation, the
Commissioner in lieu of the examination | ||||||
2 | may accept on an alternating basis the
examination made by | ||||||
3 | the eligible State bank's appropriate federal banking
| ||||||
4 | agency pursuant to Section 111 of the Federal Deposit | ||||||
5 | Insurance Corporation
Improvement Act of 1991, provided | ||||||
6 | the appropriate federal banking agency has
made such an | ||||||
7 | examination. A person so appointed shall not be a | ||||||
8 | stockholder or
officer or employee of
any bank which that | ||||||
9 | person may be directed to examine, and shall have
powers | ||||||
10 | to make a thorough examination into all the affairs of the | ||||||
11 | bank and
in so doing to examine any of the officers or | ||||||
12 | agents or employees thereof
on oath and shall make a full | ||||||
13 | and detailed report of the condition of the
bank to the | ||||||
14 | Commissioner. In making the examination the examiners | ||||||
15 | shall
include an examination of the affairs of all the | ||||||
16 | affiliates of the bank, as
defined in subsection (b) of | ||||||
17 | Section 35.2 of this Act, or subsidiaries of the
bank as | ||||||
18 | shall be
necessary to disclose fully the conditions of the | ||||||
19 | subsidiaries or
affiliates, the relations
between the bank | ||||||
20 | and the subsidiaries or affiliates and the effect of those
| ||||||
21 | relations upon
the affairs of the bank, and in connection | ||||||
22 | therewith shall have power to
examine any of the officers, | ||||||
23 | directors, agents, or employees of the
subsidiaries or | ||||||
24 | affiliates
on oath. After May 31, 1997, the Commissioner | ||||||
25 | may enter into cooperative
agreements
with state | ||||||
26 | regulatory authorities of other states to provide for |
| |||||||
| |||||||
1 | examination of
State bank branches in those states, and | ||||||
2 | the Commissioner may accept reports
of examinations of | ||||||
3 | State bank branches from those state regulatory | ||||||
4 | authorities.
These cooperative agreements may set forth | ||||||
5 | the manner in which the other state
regulatory authorities | ||||||
6 | may be compensated for examinations prepared for and
| ||||||
7 | submitted to the Commissioner.
| ||||||
8 | (b) After May 31, 1997, the Commissioner is authorized | ||||||
9 | to examine, as often
as the Commissioner shall deem | ||||||
10 | necessary or proper, branches of out-of-state
banks. The | ||||||
11 | Commissioner may establish and may assess fees to be paid | ||||||
12 | to the
Commissioner for examinations under this subsection | ||||||
13 | (b). The fees shall be
borne by the out-of-state bank, | ||||||
14 | unless the fees are borne by the state
regulatory | ||||||
15 | authority that chartered the out-of-state bank, as | ||||||
16 | determined by a
cooperative agreement between the | ||||||
17 | Commissioner and the state regulatory
authority that | ||||||
18 | chartered the out-of-state bank.
| ||||||
19 | (2.1) Pursuant to paragraph (a) of subsection (6) of | ||||||
20 | this Section, the Secretary shall adopt rules that ensure | ||||||
21 | consistency and due process in the examination process. | ||||||
22 | The Secretary may also establish guidelines that (i) | ||||||
23 | define the scope of the examination process and (ii) | ||||||
24 | clarify examination items to be resolved. The rules, | ||||||
25 | formal guidance, interpretive letters, or opinions | ||||||
26 | furnished to State banks by the Secretary may be relied |
| |||||||
| |||||||
1 | upon by the State banks. | ||||||
2 | (2.5) Whenever any State bank, any subsidiary or | ||||||
3 | affiliate of a State
bank, or after May 31, 1997, any | ||||||
4 | branch of an out-of-state bank causes to
be performed, by | ||||||
5 | contract or otherwise, any bank services
for itself, | ||||||
6 | whether on or off its premises:
| ||||||
7 | (a) that performance shall be subject to | ||||||
8 | examination by the Commissioner
to the same extent as | ||||||
9 | if services were being performed by the bank or, after
| ||||||
10 | May 31, 1997, branch of the out-of-state bank itself
| ||||||
11 | on its own premises; and
| ||||||
12 | (b) the bank or, after May 31, 1997, branch of the | ||||||
13 | out-of-state bank
shall notify the Commissioner of the | ||||||
14 | existence of a service
relationship. The notification | ||||||
15 | shall be submitted with the first statement
of | ||||||
16 | condition (as required by Section 47 of this Act) due | ||||||
17 | after the making
of the service contract or the | ||||||
18 | performance of the service, whichever occurs
first. | ||||||
19 | The Commissioner shall be notified of each subsequent | ||||||
20 | contract in
the same manner.
| ||||||
21 | For purposes of this subsection (2.5), the term "bank | ||||||
22 | services" means
services such as sorting and posting of | ||||||
23 | checks and deposits, computation
and posting of interest | ||||||
24 | and other credits and charges, preparation and
mailing of | ||||||
25 | checks, statements, notices, and similar items, or any | ||||||
26 | other
clerical, bookkeeping, accounting, statistical, or |
| |||||||
| |||||||
1 | similar functions
performed for a State bank, including , | ||||||
2 | but not limited to , electronic data
processing related to | ||||||
3 | those bank services.
| ||||||
4 | (3) The expense of administering this Act, including | ||||||
5 | the expense of
the examinations of State banks as provided | ||||||
6 | in this Act, shall to the extent
of the amounts resulting | ||||||
7 | from the fees provided for in paragraphs (a),
(a-2), and | ||||||
8 | (b) of this subsection (3) be assessed against and borne | ||||||
9 | by the
State banks:
| ||||||
10 | (a) Each bank shall pay to the Secretary a Call | ||||||
11 | Report Fee which
shall be paid in quarterly | ||||||
12 | installments equal
to one-fourth of the sum of the | ||||||
13 | annual fixed fee of $800, plus a variable
fee based on | ||||||
14 | the assets shown on the quarterly statement of | ||||||
15 | condition
delivered to the Secretary in accordance | ||||||
16 | with Section 47 for the
preceding quarter according to | ||||||
17 | the following schedule: 16¢ per $1,000 of
the first | ||||||
18 | $5,000,000 of total assets, 15¢ per $1,000 of the next
| ||||||
19 | $20,000,000 of total assets, 13¢ per $1,000 of the | ||||||
20 | next $75,000,000 of
total assets, 9¢ per $1,000 of the | ||||||
21 | next $400,000,000 of total assets, 7¢
per $1,000 of | ||||||
22 | the next $500,000,000 of total assets, and 5¢ per | ||||||
23 | $1,000 of
all assets in excess of $1,000,000,000, of | ||||||
24 | the State bank. The Call Report
Fee shall be | ||||||
25 | calculated by the Secretary and billed to the banks | ||||||
26 | for
remittance at the time of the quarterly statements |
| |||||||
| |||||||
1 | of condition
provided for in Section 47. The Secretary | ||||||
2 | may require payment of the fees
provided in this | ||||||
3 | Section by an electronic transfer of funds or an | ||||||
4 | automatic
debit of an account of each of the State | ||||||
5 | banks. In case more than one
examination of any
bank is | ||||||
6 | deemed by the Secretary to be necessary in any | ||||||
7 | examination
frequency cycle specified in subsection | ||||||
8 | 2(a) of this Section,
and is performed at his | ||||||
9 | direction, the Secretary may
assess a reasonable | ||||||
10 | additional fee to recover the cost of the additional
| ||||||
11 | examination.
In lieu
of the method and amounts set | ||||||
12 | forth in this paragraph (a) for the calculation
of the | ||||||
13 | Call Report Fee, the Secretary may specify by
rule | ||||||
14 | that the Call Report Fees provided by this Section may | ||||||
15 | be assessed
semiannually or some other period and may | ||||||
16 | provide in the rule the formula to
be
used for | ||||||
17 | calculating and assessing the periodic Call Report | ||||||
18 | Fees to be paid by
State
banks.
| ||||||
19 | (a-1) If in the opinion of the Commissioner an | ||||||
20 | emergency exists or
appears likely, the Commissioner | ||||||
21 | may assign an examiner or examiners to
monitor the | ||||||
22 | affairs of a State bank with whatever frequency he | ||||||
23 | deems
appropriate, including , but not limited to , a | ||||||
24 | daily basis. The reasonable
and necessary expenses of | ||||||
25 | the Commissioner during the period of the monitoring
| ||||||
26 | shall be borne by the subject bank. The Commissioner |
| |||||||
| |||||||
1 | shall furnish the
State bank a statement of time and | ||||||
2 | expenses if requested to do so within 30
days of the | ||||||
3 | conclusion of the monitoring period.
| ||||||
4 | (a-2) On and after January 1, 1990, the reasonable | ||||||
5 | and necessary
expenses of the Commissioner during | ||||||
6 | examination of the performance of
electronic data | ||||||
7 | processing services under subsection (2.5) shall be
| ||||||
8 | borne by the banks for which the services are | ||||||
9 | provided. An amount, based
upon a fee structure | ||||||
10 | prescribed by the Commissioner, shall be paid by the
| ||||||
11 | banks or, after May 31, 1997, branches of out-of-state | ||||||
12 | banks receiving the
electronic data processing | ||||||
13 | services along with the
Call Report Fee assessed under | ||||||
14 | paragraph (a) of this
subsection (3).
| ||||||
15 | (a-3) After May 31, 1997, the reasonable and | ||||||
16 | necessary expenses of the
Commissioner during | ||||||
17 | examination of the performance of electronic data
| ||||||
18 | processing services under subsection (2.5) at or on | ||||||
19 | behalf of branches of
out-of-state banks shall be | ||||||
20 | borne by the out-of-state banks, unless those
expenses | ||||||
21 | are borne by the state regulatory authorities that | ||||||
22 | chartered the
out-of-state banks, as determined by | ||||||
23 | cooperative agreements between the
Commissioner and | ||||||
24 | the state regulatory authorities that chartered the
| ||||||
25 | out-of-state banks.
| ||||||
26 | (b) "Fiscal year" for purposes of this Section 48 |
| |||||||
| |||||||
1 | is defined as a
period beginning July 1 of any year and | ||||||
2 | ending June 30 of the next year.
The Commissioner | ||||||
3 | shall receive for each fiscal year, commencing with | ||||||
4 | the
fiscal year ending June 30, 1987, a contingent fee | ||||||
5 | equal to the lesser of
the aggregate of the fees paid | ||||||
6 | by all State banks under paragraph (a) of
subsection | ||||||
7 | (3) for that year, or the amount, if any, whereby the | ||||||
8 | aggregate
of the administration expenses, as defined | ||||||
9 | in paragraph (c), for that
fiscal year exceeds the sum | ||||||
10 | of the aggregate of the fees payable by all
State banks | ||||||
11 | for that year under paragraph (a) of subsection (3),
| ||||||
12 | plus any amounts transferred into the Bank and Trust | ||||||
13 | Company Fund from the
State Pensions Fund for that | ||||||
14 | year,
plus all
other amounts collected by the | ||||||
15 | Commissioner for that year under any
other provision | ||||||
16 | of this Act, plus the aggregate of all fees
collected | ||||||
17 | for that year by the Commissioner under the Corporate | ||||||
18 | Fiduciary
Act, excluding the receivership fees | ||||||
19 | provided for in Section 5-10 of the
Corporate | ||||||
20 | Fiduciary Act, and the Foreign Banking Office Act.
The | ||||||
21 | aggregate amount of the contingent
fee thus arrived at | ||||||
22 | for any fiscal year shall be apportioned amongst,
| ||||||
23 | assessed upon, and paid by the State banks and foreign | ||||||
24 | banking corporations,
respectively, in the same | ||||||
25 | proportion
that the fee of each under paragraph (a) of | ||||||
26 | subsection (3), respectively,
for that year bears to |
| |||||||
| |||||||
1 | the aggregate for that year of the fees collected
| ||||||
2 | under paragraph (a) of subsection (3). The aggregate | ||||||
3 | amount of the
contingent fee, and the portion thereof | ||||||
4 | to be assessed upon each State
bank and foreign | ||||||
5 | banking corporation,
respectively, shall be determined | ||||||
6 | by the Commissioner and shall be paid by
each, | ||||||
7 | respectively, within 120 days of the close of the | ||||||
8 | period for which
the contingent fee is computed and is | ||||||
9 | payable, and the Commissioner shall
give 20 days' | ||||||
10 | advance notice of the amount of the contingent fee | ||||||
11 | payable by
the State bank and of the date fixed by the | ||||||
12 | Commissioner for payment of
the fee.
| ||||||
13 | (c) The "administration expenses" for any fiscal | ||||||
14 | year shall mean the
ordinary and contingent expenses | ||||||
15 | for that year incident to making the
examinations | ||||||
16 | provided for by, and for otherwise administering, this | ||||||
17 | Act,
the Corporate Fiduciary Act, excluding the | ||||||
18 | expenses paid from the
Corporate Fiduciary | ||||||
19 | Receivership account in the Bank and Trust Company
| ||||||
20 | Fund, the Foreign Banking Office Act,
the Electronic | ||||||
21 | Fund Transfer Act,
and the Illinois Bank Examiners'
| ||||||
22 | Education Foundation Act, including all salaries and | ||||||
23 | other
compensation paid for personal services rendered | ||||||
24 | for the State by
officers or employees of the State, | ||||||
25 | including the Commissioner and the
Deputy | ||||||
26 | Commissioners, communication equipment and services, |
| |||||||
| |||||||
1 | office furnishings, surety bond
premiums, and travel | ||||||
2 | expenses of those officers and employees, employees,
| ||||||
3 | expenditures or charges for the acquisition, | ||||||
4 | enlargement or improvement
of, or for the use of, any | ||||||
5 | office space, building, or structure, or
expenditures | ||||||
6 | for the maintenance thereof or for furnishing heat, | ||||||
7 | light,
or power with respect thereto, all to the | ||||||
8 | extent that those expenditures
are directly incidental | ||||||
9 | to such examinations or administration.
The | ||||||
10 | Commissioner shall not be required by paragraphs (c) | ||||||
11 | or (d-1) of this
subsection (3) to maintain in any | ||||||
12 | fiscal year's budget appropriated reserves
for accrued | ||||||
13 | vacation and accrued sick leave that is required to be | ||||||
14 | paid to
employees of the Commissioner upon termination | ||||||
15 | of their service with the
Commissioner in an amount | ||||||
16 | that is more than is reasonably anticipated to be
| ||||||
17 | necessary for any anticipated turnover in employees, | ||||||
18 | whether due to normal
attrition or due to layoffs, | ||||||
19 | terminations, or resignations.
| ||||||
20 | (d) The aggregate of all fees collected by the | ||||||
21 | Secretary under
this Act, the Corporate Fiduciary Act,
| ||||||
22 | or the Foreign Banking Office Act on
and after July 1, | ||||||
23 | 1979, shall be paid promptly after receipt of the | ||||||
24 | same,
accompanied by a detailed statement thereof, | ||||||
25 | into the State treasury and
shall be set apart in a | ||||||
26 | special fund to be known as the "Bank and Trust
Company |
| |||||||
| |||||||
1 | Fund", except as provided in paragraph (c) of | ||||||
2 | subsection (11) of
this Section. All earnings received | ||||||
3 | from investments of funds in the Bank
and
Trust | ||||||
4 | Company Fund shall be deposited in the Bank and Trust | ||||||
5 | Company Fund
and may be used for the same purposes as | ||||||
6 | fees deposited in that Fund. The
amount from time to | ||||||
7 | time deposited into the Bank and
Trust Company Fund | ||||||
8 | shall be used: (i) to offset the ordinary | ||||||
9 | administrative
expenses of the Secretary as defined in
| ||||||
10 | this Section or (ii) as a credit against fees under | ||||||
11 | paragraph (d-1) of this subsection (3). Nothing in | ||||||
12 | Public Act 81-131 shall prevent
continuing the | ||||||
13 | practice of paying expenses involving salaries, | ||||||
14 | retirement,
social security, and State-paid insurance | ||||||
15 | premiums of State officers by
appropriations from the | ||||||
16 | General Revenue Fund. However, the General Revenue
| ||||||
17 | Fund shall be reimbursed for those payments made on | ||||||
18 | and after July 1, 1979,
by an annual transfer of funds | ||||||
19 | from the Bank and Trust Company Fund. Moneys in the | ||||||
20 | Bank and Trust Company Fund may be transferred to the | ||||||
21 | Professions Indirect Cost Fund, as authorized under | ||||||
22 | Section 2105-300 of the Department of Professional | ||||||
23 | Regulation Law of the Civil Administrative Code of | ||||||
24 | Illinois.
| ||||||
25 | Notwithstanding provisions in the State Finance | ||||||
26 | Act, as now or hereafter amended, or any other law to |
| |||||||
| |||||||
1 | the contrary, the Governor may, during any fiscal year | ||||||
2 | through January 10, 2011, from time to time direct the | ||||||
3 | State Treasurer and Comptroller to transfer a | ||||||
4 | specified sum not exceeding 10% of the revenues to be | ||||||
5 | deposited into the Bank and Trust Company Fund during | ||||||
6 | that fiscal year from that Fund to the General Revenue | ||||||
7 | Fund in order to help defray the State's operating | ||||||
8 | costs for the fiscal year. Notwithstanding provisions | ||||||
9 | in the State Finance Act, as now or hereafter amended, | ||||||
10 | or any other law to the contrary, the total sum | ||||||
11 | transferred during any fiscal year through January 10, | ||||||
12 | 2011, from the Bank and Trust Company Fund to the | ||||||
13 | General Revenue Fund pursuant to this provision shall | ||||||
14 | not exceed during any fiscal year 10% of the revenues | ||||||
15 | to be deposited into the Bank and Trust Company Fund | ||||||
16 | during that fiscal year. The State Treasurer and | ||||||
17 | Comptroller shall transfer the amounts designated | ||||||
18 | under this Section as soon as may be practicable after | ||||||
19 | receiving the direction to transfer from the Governor.
| ||||||
20 | (d-1) Adequate funds shall be available in the | ||||||
21 | Bank and Trust
Company Fund to permit the timely | ||||||
22 | payment of administration expenses. In
each fiscal | ||||||
23 | year the total administration expenses shall be | ||||||
24 | deducted from
the total fees collected by the | ||||||
25 | Commissioner and the remainder transferred
into the | ||||||
26 | Cash Flow Reserve Account, unless the balance of the |
| |||||||
| |||||||
1 | Cash Flow
Reserve Account prior to the transfer equals | ||||||
2 | or exceeds
one-fourth of the total initial | ||||||
3 | appropriations from the Bank and Trust
Company Fund | ||||||
4 | for the subsequent year, in which case the remainder | ||||||
5 | shall be
credited to State banks and foreign banking | ||||||
6 | corporations
and applied against their fees for the | ||||||
7 | subsequent
year. The amount credited to each State | ||||||
8 | bank and foreign banking corporation
shall be in the | ||||||
9 | same proportion as the
Call Report Fees paid by each | ||||||
10 | for the year bear to the total Call Report
Fees | ||||||
11 | collected for the year. If, after a transfer to the | ||||||
12 | Cash Flow Reserve
Account is made or if no remainder is | ||||||
13 | available for transfer, the balance
of the Cash Flow | ||||||
14 | Reserve Account is less than one-fourth of the total
| ||||||
15 | initial appropriations for the subsequent year and the | ||||||
16 | amount transferred
is less than 5% of the total Call | ||||||
17 | Report Fees for the year, additional
amounts needed to | ||||||
18 | make the transfer equal to 5% of the total Call Report
| ||||||
19 | Fees for the year shall be apportioned amongst, | ||||||
20 | assessed upon, and
paid by the State banks and foreign | ||||||
21 | banking corporations
in the same proportion that the | ||||||
22 | Call Report Fees of each,
respectively, for the year | ||||||
23 | bear to the total Call Report Fees collected for
the | ||||||
24 | year. The additional amounts assessed shall be | ||||||
25 | transferred into the
Cash Flow Reserve Account. For | ||||||
26 | purposes of this paragraph (d-1), the
calculation of |
| |||||||
| |||||||
1 | the fees collected by the Commissioner shall exclude | ||||||
2 | the
receivership fees provided for in Section 5-10 of | ||||||
3 | the Corporate Fiduciary Act.
| ||||||
4 | (e) The Commissioner may upon request certify to | ||||||
5 | any public record
in his keeping and shall have | ||||||
6 | authority to levy a reasonable charge for
issuing | ||||||
7 | certifications of any public record in his keeping.
| ||||||
8 | (f) In addition to fees authorized elsewhere in | ||||||
9 | this Act, the
Commissioner
may, in connection with a | ||||||
10 | review, approval, or provision of a service, levy a
| ||||||
11 | reasonable charge to recover the cost of the review, | ||||||
12 | approval, or service.
| ||||||
13 | (4) Nothing contained in this Act shall be construed | ||||||
14 | to limit the
obligation relative to examinations and | ||||||
15 | reports of any State bank, deposits
in which are to any | ||||||
16 | extent insured by the United States or any agency
thereof, | ||||||
17 | nor to limit in any way the powers of the Commissioner with
| ||||||
18 | reference to examinations and reports of that bank.
| ||||||
19 | (5) The nature and condition of the assets in or | ||||||
20 | investment of any
bonus, pension, or profit sharing plan | ||||||
21 | for officers or employees of every
State bank or, after | ||||||
22 | May 31, 1997, branch of an out-of-state bank shall be
| ||||||
23 | deemed to be included in the affairs of that State
bank or | ||||||
24 | branch of an out-of-state bank subject to examination by | ||||||
25 | the
Commissioner under the
provisions of subsection (2) of | ||||||
26 | this Section, and if the Commissioner
shall find from an |
| |||||||
| |||||||
1 | examination that the condition of or operation
of the | ||||||
2 | investments or assets of the plan is unlawful, fraudulent, | ||||||
3 | or
unsafe, or that any trustee has abused his trust, the | ||||||
4 | Commissioner
shall, if the situation so found by the | ||||||
5 | Commissioner shall not be
corrected to his satisfaction | ||||||
6 | within 60 days after the Commissioner has
given notice to | ||||||
7 | the board of directors of the State bank or out-of-state
| ||||||
8 | bank of his
findings, report the facts to the Attorney | ||||||
9 | General who shall thereupon
institute proceedings against | ||||||
10 | the State bank or out-of-state bank, the
board of | ||||||
11 | directors
thereof, or the trustees under such plan as the | ||||||
12 | nature of the case may require.
| ||||||
13 | (6) The Commissioner shall have the power:
| ||||||
14 | (a) To promulgate reasonable rules for the purpose | ||||||
15 | of
administering the provisions of this Act.
| ||||||
16 | (a-5) To impose conditions on any approval issued | ||||||
17 | by the Commissioner
if he determines that the | ||||||
18 | conditions are necessary or appropriate. These
| ||||||
19 | conditions shall be imposed in writing and shall | ||||||
20 | continue
in effect for the period prescribed by the | ||||||
21 | Commissioner.
| ||||||
22 | (b) To issue orders
against any person, if the | ||||||
23 | Commissioner has
reasonable cause to believe that an | ||||||
24 | unsafe or unsound banking practice
has occurred, is | ||||||
25 | occurring, or is about to occur, if any person has | ||||||
26 | violated,
is violating, or is about to violate any |
| |||||||
| |||||||
1 | law, rule, or written
agreement with the Commissioner, | ||||||
2 | or
for the purpose of administering the provisions of
| ||||||
3 | this Act and any rule promulgated in accordance with | ||||||
4 | this Act.
| ||||||
5 | (b-1) To enter into agreements with a bank | ||||||
6 | establishing a program to
correct the condition of the | ||||||
7 | bank or its practices.
| ||||||
8 | (c) To appoint hearing officers to execute any of | ||||||
9 | the powers granted to
the Commissioner under this | ||||||
10 | Section for the purpose of administering this
Act and | ||||||
11 | any rule promulgated in accordance with this Act
and | ||||||
12 | otherwise to authorize, in writing, an officer or | ||||||
13 | employee of the Office
of
Banks and Real Estate to | ||||||
14 | exercise his powers under this Act.
| ||||||
15 | (d) To subpoena witnesses, to compel their | ||||||
16 | attendance, to administer
an oath, to examine any | ||||||
17 | person under oath, and to require the production of
| ||||||
18 | any relevant books, papers, accounts, and documents in | ||||||
19 | the course of and
pursuant to any investigation being | ||||||
20 | conducted, or any action being taken,
by the | ||||||
21 | Commissioner in respect of any matter relating to the | ||||||
22 | duties imposed
upon, or the powers vested in, the | ||||||
23 | Commissioner under the provisions of
this Act or any | ||||||
24 | rule promulgated in accordance with this Act.
| ||||||
25 | (e) To conduct hearings.
| ||||||
26 | (7) Whenever, in the opinion of the Secretary, any |
| |||||||
| |||||||
1 | director,
officer, employee, or agent of a State bank
or | ||||||
2 | any subsidiary or bank holding company of the bank
or, | ||||||
3 | after May 31, 1997, of any
branch of an out-of-state bank
| ||||||
4 | or any subsidiary or bank holding company of the bank
| ||||||
5 | shall have violated any law,
rule, or order relating to | ||||||
6 | that bank
or any subsidiary or bank holding company of the | ||||||
7 | bank, shall have
obstructed or impeded any examination or | ||||||
8 | investigation by the Secretary, shall have engaged in an | ||||||
9 | unsafe or
unsound practice in conducting the business of | ||||||
10 | that bank
or any subsidiary or bank holding company of the | ||||||
11 | bank,
or shall have
violated any law or engaged or | ||||||
12 | participated in any unsafe or unsound practice
in | ||||||
13 | connection with any financial institution or other | ||||||
14 | business entity such that
the character and fitness of the | ||||||
15 | director, officer, employee, or agent does not
assure | ||||||
16 | reasonable promise of safe and sound operation of the | ||||||
17 | State bank, the
Secretary
may issue an order of removal.
| ||||||
18 | If, in the opinion of the Secretary, any former director, | ||||||
19 | officer,
employee,
or agent of a State bank
or any | ||||||
20 | subsidiary or bank holding company of the bank, prior to | ||||||
21 | the
termination of his or her service with
that bank
or any | ||||||
22 | subsidiary or bank holding company of the bank, violated | ||||||
23 | any law,
rule, or order relating to that
State bank
or any | ||||||
24 | subsidiary or bank holding company of the bank, obstructed | ||||||
25 | or impeded
any examination or investigation by the | ||||||
26 | Secretary, engaged in an unsafe or unsound practice in |
| |||||||
| |||||||
1 | conducting the
business of that bank
or any subsidiary or | ||||||
2 | bank holding company of the bank,
or violated any law or | ||||||
3 | engaged or participated in any
unsafe or unsound practice | ||||||
4 | in connection with any financial institution or
other | ||||||
5 | business entity such that the character and fitness of the | ||||||
6 | director,
officer, employee, or agent would not have | ||||||
7 | assured reasonable promise of safe
and sound operation of | ||||||
8 | the State bank, the Secretary may issue an order
| ||||||
9 | prohibiting that person from
further
service with a bank
| ||||||
10 | or any subsidiary or bank holding company of the bank
as a | ||||||
11 | director, officer, employee, or agent. An order
issued | ||||||
12 | pursuant to this subsection shall be served upon the
| ||||||
13 | director,
officer, employee, or agent. A copy of the order | ||||||
14 | shall be sent to each
director of the bank affected by | ||||||
15 | registered mail. A copy of
the order shall also be served | ||||||
16 | upon the bank of which he is a director,
officer, | ||||||
17 | employee, or agent, whereupon he shall cease to be a | ||||||
18 | director,
officer, employee, or agent of that bank. The | ||||||
19 | Secretary may
institute a civil action against the | ||||||
20 | director, officer, or agent of the
State bank or, after | ||||||
21 | May 31, 1997, of the branch of the out-of-state bank
| ||||||
22 | against whom any order provided for by this subsection (7) | ||||||
23 | of
this Section 48 has been issued, and against the State | ||||||
24 | bank or, after May 31,
1997, out-of-state bank, to enforce
| ||||||
25 | compliance with or to enjoin any violation of the terms of | ||||||
26 | the order.
Any person who has been the subject of an order |
| |||||||
| |||||||
1 | of removal
or
an order of prohibition issued by the | ||||||
2 | Secretary under
this subsection or Section 5-6 of the | ||||||
3 | Corporate Fiduciary Act may not
thereafter serve as | ||||||
4 | director, officer, employee, or agent of any State bank
or | ||||||
5 | of any branch of any out-of-state bank,
or of any | ||||||
6 | corporate fiduciary, as defined in Section 1-5.05 of the
| ||||||
7 | Corporate
Fiduciary Act, or of any other entity that is | ||||||
8 | subject to licensure or
regulation by the Division of | ||||||
9 | Banking unless
the Secretary has granted prior approval in | ||||||
10 | writing.
| ||||||
11 | For purposes of this paragraph (7), "bank holding | ||||||
12 | company" has the
meaning prescribed in Section 2 of the | ||||||
13 | Illinois Bank Holding Company Act of
1957.
| ||||||
14 | (7.5) Notwithstanding the provisions of this Section, | ||||||
15 | the Secretary shall not: | ||||||
16 | (1) issue an order against a State bank or any | ||||||
17 | subsidiary organized under this Act for unsafe or | ||||||
18 | unsound banking practices solely because the entity | ||||||
19 | provides or has provided financial services to a | ||||||
20 | cannabis-related legitimate business; | ||||||
21 | (2) prohibit, penalize, or otherwise discourage a | ||||||
22 | State bank or any subsidiary from providing financial | ||||||
23 | services to a cannabis-related legitimate business | ||||||
24 | solely because the entity provides or has provided | ||||||
25 | financial services to a cannabis-related legitimate | ||||||
26 | business; |
| |||||||
| |||||||
1 | (3) recommend, incentivize, or encourage a State | ||||||
2 | bank or any subsidiary not to offer financial services | ||||||
3 | to an account holder or to downgrade or cancel the | ||||||
4 | financial services offered to an account holder solely | ||||||
5 | because: | ||||||
6 | (A) the account holder is a manufacturer or | ||||||
7 | producer, or is the owner, operator, or employee | ||||||
8 | of a cannabis-related legitimate business; | ||||||
9 | (B) the account holder later becomes an owner | ||||||
10 | or operator of a cannabis-related legitimate | ||||||
11 | business; or | ||||||
12 | (C) the State bank or any subsidiary was not | ||||||
13 | aware that the account holder is the owner or | ||||||
14 | operator of a cannabis-related legitimate | ||||||
15 | business; and | ||||||
16 | (4) take any adverse or corrective supervisory | ||||||
17 | action on a loan made to an owner or operator of: | ||||||
18 | (A) a cannabis-related legitimate business | ||||||
19 | solely because the owner or operator owns or | ||||||
20 | operates a cannabis-related legitimate business; | ||||||
21 | or | ||||||
22 | (B) real estate or equipment that is leased to | ||||||
23 | a cannabis-related legitimate business solely | ||||||
24 | because the owner or operator of the real estate | ||||||
25 | or equipment leased the equipment or real estate | ||||||
26 | to a cannabis-related legitimate business. |
| |||||||
| |||||||
1 | (8) The Commissioner may impose civil penalties of up | ||||||
2 | to $100,000 against
any person for each violation of any | ||||||
3 | provision of this Act, any rule
promulgated in accordance | ||||||
4 | with this Act, any order of the Commissioner, or
any other | ||||||
5 | action which in the Commissioner's discretion is an unsafe | ||||||
6 | or
unsound banking practice.
| ||||||
7 | (9) The Commissioner may impose civil penalties of up | ||||||
8 | to $100
against any person for the first failure to comply | ||||||
9 | with reporting
requirements set forth in the report of | ||||||
10 | examination of the bank and up to
$200 for the second and | ||||||
11 | subsequent failures to comply with those reporting
| ||||||
12 | requirements.
| ||||||
13 | (10) All final administrative decisions of the | ||||||
14 | Commissioner hereunder
shall be subject to judicial review | ||||||
15 | pursuant to the provisions of the
Administrative Review | ||||||
16 | Law. For matters involving administrative review,
venue | ||||||
17 | shall be in either Sangamon County or Cook County.
| ||||||
18 | (11) The endowment fund for the Illinois Bank | ||||||
19 | Examiners' Education
Foundation shall be administered as | ||||||
20 | follows:
| ||||||
21 | (a) (Blank).
| ||||||
22 | (b) The Foundation is empowered to receive | ||||||
23 | voluntary contributions,
gifts, grants, bequests, and | ||||||
24 | donations on behalf of the Illinois Bank
Examiners' | ||||||
25 | Education Foundation from national banks and other | ||||||
26 | persons for
the purpose of funding the endowment of |
| |||||||
| |||||||
1 | the Illinois Bank Examiners'
Education Foundation.
| ||||||
2 | (c) The aggregate of all special educational fees | ||||||
3 | collected by the
Secretary and property received by | ||||||
4 | the Secretary on behalf of the
Illinois Bank | ||||||
5 | Examiners' Education Foundation under this subsection
| ||||||
6 | (11) on or after June 30, 1986, shall be either (i) | ||||||
7 | promptly paid after
receipt of the same, accompanied | ||||||
8 | by a detailed statement thereof, into the
State | ||||||
9 | Treasury and shall be set apart in a special fund to be | ||||||
10 | known as "The
Illinois Bank Examiners' Education Fund" | ||||||
11 | to be invested by either the
Treasurer of the State of | ||||||
12 | Illinois in the Public Treasurers' Investment
Pool or | ||||||
13 | in any other investment he is authorized to make or by | ||||||
14 | the Illinois
State Board of Investment as the State | ||||||
15 | Banking Board of Illinois may direct or (ii) deposited | ||||||
16 | into an account
maintained in a commercial bank or | ||||||
17 | corporate fiduciary in the name of the
Illinois Bank | ||||||
18 | Examiners' Education Foundation pursuant to the order | ||||||
19 | and
direction of the Board of Trustees of the Illinois | ||||||
20 | Bank Examiners' Education
Foundation.
| ||||||
21 | (12) (Blank).
| ||||||
22 | (13) The Secretary may borrow funds from the General | ||||||
23 | Revenue Fund on behalf of the Bank and Trust Company Fund | ||||||
24 | if the Director of Banking certifies to the Governor that | ||||||
25 | there is an economic emergency affecting banking that | ||||||
26 | requires a borrowing to provide additional funds to the |
| |||||||
| |||||||
1 | Bank and Trust Company Fund. The borrowed funds shall be | ||||||
2 | paid back within 3 years and shall not exceed the total | ||||||
3 | funding appropriated to the Agency in the previous year. | ||||||
4 | (14) In addition to the fees authorized in this Act, | ||||||
5 | the Secretary may assess reasonable receivership fees | ||||||
6 | against any State bank that does not maintain insurance | ||||||
7 | with the Federal Deposit Insurance Corporation. All fees | ||||||
8 | collected under this subsection (14) shall be paid into | ||||||
9 | the Non-insured Institutions Receivership account in the | ||||||
10 | Bank and Trust Company Fund, as established by the | ||||||
11 | Secretary. The fees assessed under this subsection (14) | ||||||
12 | shall provide for the expenses that arise from the | ||||||
13 | administration of the receivership of any such institution | ||||||
14 | required to pay into the Non-insured Institutions | ||||||
15 | Receivership account, whether pursuant to this Act, the | ||||||
16 | Corporate Fiduciary Act, the Foreign Banking Office Act, | ||||||
17 | or any other Act that requires payments into the | ||||||
18 | Non-insured Institutions Receivership account. The | ||||||
19 | Secretary may establish by rule a reasonable manner of | ||||||
20 | assessing fees under this subsection (14). | ||||||
21 | (Source: P.A. 100-22, eff. 1-1-18; 101-27, eff. 6-25-19; | ||||||
22 | 101-275, eff. 8-9-19; revised 9-19-19.)
| ||||||
23 | Section 455. The Savings Bank Act is amended by changing | ||||||
24 | Section 1008 as follows:
|
| |||||||
| |||||||
1 | (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
| ||||||
2 | Sec. 1008. General corporate powers.
| ||||||
3 | (a) A savings bank operating under this Act shall be a body
| ||||||
4 | corporate and politic and shall have all of the powers
| ||||||
5 | conferred by this Act including, but not limited to, the | ||||||
6 | following powers:
| ||||||
7 | (1) To sue and be sued, complain, and defend in its | ||||||
8 | corporate
name and to have a common seal, which it may | ||||||
9 | alter or renew at
pleasure.
| ||||||
10 | (2) To obtain and maintain insurance
by a deposit | ||||||
11 | insurance corporation as defined in this Act.
| ||||||
12 | (3) To act as a fiscal agent for the United States, the | ||||||
13 | State
of Illinois or any department, branch, arm, or | ||||||
14 | agency of the State
or any unit of local government or | ||||||
15 | school district in the State,
when duly designated for | ||||||
16 | that purpose, and as agent to perform
reasonable functions | ||||||
17 | as may be required of it.
| ||||||
18 | (4) To become a member of or deal with any corporation | ||||||
19 | or
agency of the United States or the State of Illinois, to | ||||||
20 | the extent
that the agency assists in furthering or | ||||||
21 | facilitating its purposes
or powers and to that end to | ||||||
22 | purchase stock or securities thereof
or deposit money | ||||||
23 | therewith, and to comply with any other conditions
of | ||||||
24 | membership or credit.
| ||||||
25 | (5) To make donations in reasonable amounts for the | ||||||
26 | public welfare or for
charitable, scientific, religious, |
| |||||||
| |||||||
1 | or educational purposes.
| ||||||
2 | (6) To adopt and operate reasonable insurance, bonus, | ||||||
3 | profit sharing, and
retirement plans for officers and | ||||||
4 | employees and for directors including, but
not limited to, | ||||||
5 | advisory, honorary, and emeritus directors,
who are not | ||||||
6 | officers or employees.
| ||||||
7 | (7) To reject any application for membership; to | ||||||
8 | retire deposit accounts
by enforced retirement as provided | ||||||
9 | in this Act and the bylaws; and to limit the
issuance of, | ||||||
10 | or payments on, deposit accounts, subject, however, to | ||||||
11 | contractual
obligations.
| ||||||
12 | (8) To purchase stock or membership interests in | ||||||
13 | service corporations and to invest in any form of
| ||||||
14 | indebtedness of any service corporation as defined in this | ||||||
15 | Act, subject to
regulations of the Secretary.
| ||||||
16 | (9) To purchase stock of a corporation whose principal | ||||||
17 | purpose is to
operate a safe deposit company or escrow | ||||||
18 | service company.
| ||||||
19 | (10) To exercise all the powers necessary to qualify | ||||||
20 | as a trustee or
custodian under federal or State law, | ||||||
21 | provided that the authority to accept and
execute trusts | ||||||
22 | is subject to the provisions of the Corporate Fiduciary | ||||||
23 | Act and
to the supervision of those activities by the | ||||||
24 | Secretary.
| ||||||
25 | (11) (Blank).
| ||||||
26 | (12) To establish, maintain, and operate terminals as |
| |||||||
| |||||||
1 | authorized by the
Electronic Fund Transfer Act.
| ||||||
2 | (13) To pledge its assets:
| ||||||
3 | (A) to enable it to act as agent for the sale of | ||||||
4 | obligations of the
United States;
| ||||||
5 | (B) to secure deposits;
| ||||||
6 | (C) to secure deposits of money whenever required | ||||||
7 | by the National
Bankruptcy Act;
| ||||||
8 | (D) (blank); and
| ||||||
9 | (E) to secure trust funds commingled with the | ||||||
10 | savings
bank's funds,
whether deposited by the savings | ||||||
11 | bank or an affiliate of the savings bank,
as required | ||||||
12 | under Section 2-8 of the Corporate Fiduciary Act.
| ||||||
13 | (14) To accept for payment at a future date not to | ||||||
14 | exceed one year
from the date of acceptance, drafts drawn | ||||||
15 | upon it by its customers; and to
issue, advise, or confirm | ||||||
16 | letters of credit authorizing holders thereof to
draw | ||||||
17 | drafts upon it or its correspondents.
| ||||||
18 | (15) Subject to the regulations of the Secretary, to | ||||||
19 | own and lease
personal property acquired by the savings | ||||||
20 | bank at the request of a
prospective lessee and, upon the | ||||||
21 | agreement of that person, to lease the
personal property.
| ||||||
22 | (16) To establish temporary service booths at any | ||||||
23 | International Fair
in this State that is approved by the | ||||||
24 | United States Department of Commerce
for the duration of | ||||||
25 | the international fair for the purpose of providing a
| ||||||
26 | convenient place for foreign trade customers to exchange |
| |||||||
| |||||||
1 | their home
countries' currency into United States currency | ||||||
2 | or the converse. To provide
temporary periodic service to | ||||||
3 | persons residing in a bona fide nursing home,
senior
| ||||||
4 | citizens' retirement home, or long-term care facility. | ||||||
5 | These powers shall not be construed as establishing a new | ||||||
6 | place or change of
location for the savings bank providing | ||||||
7 | the service booth.
| ||||||
8 | (17) To indemnify its officers, directors, employees, | ||||||
9 | and agents, as
authorized for corporations under Section | ||||||
10 | 8.75 of the Business Corporation Corporations
Act of 1983.
| ||||||
11 | (18) To provide data processing services to others on | ||||||
12 | a for-profit basis.
| ||||||
13 | (19) To utilize any electronic technology to provide | ||||||
14 | customers with
home banking services.
| ||||||
15 | (20) Subject to the regulations of the Secretary, to | ||||||
16 | enter into an
agreement to act as a surety.
| ||||||
17 | (21) Subject to the regulations of the Secretary, to | ||||||
18 | issue credit
cards, extend credit therewith, and otherwise | ||||||
19 | engage in or participate in
credit card operations.
| ||||||
20 | (22) To purchase for its own account shares of stock | ||||||
21 | of a bankers' bank,
described in Section 13(b)(1) of the | ||||||
22 | Illinois Banking Act, on the same terms
and conditions as | ||||||
23 | a bank may purchase such shares. In no event shall the | ||||||
24 | total
amount of such stock held by a savings bank in such
| ||||||
25 | bankers' bank exceed 10% of
its capital and surplus | ||||||
26 | (including undivided profits) and in no event shall a
|
| |||||||
| |||||||
1 | savings bank acquire more than 5% of any class of voting | ||||||
2 | securities of such
bankers' bank.
| ||||||
3 | (23) With respect to affiliate facilities:
| ||||||
4 | (A) to conduct at affiliate facilities any of the | ||||||
5 | following transactions
for
and on behalf of any | ||||||
6 | affiliated depository institution, if so authorized by
| ||||||
7 | the affiliate or affiliates: receiving deposits; | ||||||
8 | renewing deposits; cashing
and issuing checks, drafts, | ||||||
9 | money orders, travelers checks, or similar
| ||||||
10 | instruments; changing money; receiving payments on | ||||||
11 | existing indebtedness; and
conducting ministerial | ||||||
12 | functions with respect to loan applications, servicing
| ||||||
13 | loans, and providing loan account information; and
| ||||||
14 | (B) to authorize an affiliated depository | ||||||
15 | institution to conduct for and
on
behalf of it, any of | ||||||
16 | the transactions listed in this subsection at one or | ||||||
17 | more
affiliate facilities.
| ||||||
18 | A savings bank intending to conduct or to authorize an | ||||||
19 | affiliated
depository institution to conduct at an | ||||||
20 | affiliate facility any of the
transactions specified in | ||||||
21 | this subsection shall give written notice to the Secretary
| ||||||
22 | at least 30 days before any such transaction is conducted | ||||||
23 | at an
affiliate facility. All conduct under this | ||||||
24 | subsection shall be on terms
consistent with safe and | ||||||
25 | sound banking practices and applicable law.
| ||||||
26 | (24) Subject to Article XLIV of the Illinois Insurance |
| |||||||
| |||||||
1 | Code,
to act as the agent for any fire, life, or other | ||||||
2 | insurance company
authorized by the State of Illinois, by | ||||||
3 | soliciting and selling insurance and
collecting premiums | ||||||
4 | on policies issued by such company; and may receive for
| ||||||
5 | services so rendered such fees or commissions as may be | ||||||
6 | agreed upon between the
said savings bank and the | ||||||
7 | insurance company for which it may act as agent;
provided, | ||||||
8 | however, that no such savings bank shall in any case | ||||||
9 | assume or
guarantee the payment of any premium on | ||||||
10 | insurance policies issued through its
agency by its | ||||||
11 | principal; and provided further, that the savings bank | ||||||
12 | shall not
guarantee the truth of any statement made by an | ||||||
13 | assured in filing his
application for insurance.
| ||||||
14 | (25) To become a member of the Federal Home Loan
Bank
| ||||||
15 | and
to have the powers granted to a savings association | ||||||
16 | organized under the
Illinois Savings and Loan Act of 1985 | ||||||
17 | or the laws of the United States, subject
to regulations | ||||||
18 | of the Secretary.
| ||||||
19 | (26) To offer any product or service that is at the | ||||||
20 | time authorized or
permitted to a bank by applicable law, | ||||||
21 | but subject always to the same
limitations and | ||||||
22 | restrictions that are applicable to the bank for the | ||||||
23 | product or
service by such applicable law and subject to | ||||||
24 | the applicable provisions of the
Financial Institutions | ||||||
25 | Insurance Sales Law and rules of the Secretary.
| ||||||
26 | (b) If this Act or the regulations adopted under this Act |
| |||||||
| |||||||
1 | fail
to
provide specific guidance in matters of corporate
| ||||||
2 | governance, the provisions of the Business Corporation Act of | ||||||
3 | 1983 may be
used, or if the savings bank is a limited liability | ||||||
4 | company, the provisions
of the Limited Liability Company Act | ||||||
5 | shall be used.
| ||||||
6 | (c) A savings bank may be organized as a limited liability | ||||||
7 | company, may
convert to a limited liability company, or may | ||||||
8 | merge with and into a limited
liability company, under the | ||||||
9 | applicable laws of this State and of the United
States, | ||||||
10 | including any rules promulgated thereunder. A savings bank | ||||||
11 | organized as
a limited liability company shall
be subject to | ||||||
12 | the provisions of the Limited Liability Company Act in | ||||||
13 | addition
to this Act, provided that if a provision of the | ||||||
14 | Limited Liability
Company Act conflicts with a provision of | ||||||
15 | this Act or with any rule of the Secretary, the provision of | ||||||
16 | this Act or the rule of the Secretary shall
apply.
| ||||||
17 | Any filing required to be made under the Limited Liability | ||||||
18 | Company Act shall
be made exclusively with the Secretary, and | ||||||
19 | the Secretary shall possess
the exclusive authority to | ||||||
20 | regulate the savings bank as provided in this Act.
| ||||||
21 | Any organization as, conversion to, and merger with or | ||||||
22 | into a limited
liability company shall be subject to the prior | ||||||
23 | approval of the Secretary.
| ||||||
24 | A savings bank that is a limited liability company shall | ||||||
25 | be subject to all of
the provisions of this Act in the same | ||||||
26 | manner as a savings bank that is
organized in stock form.
|
| |||||||
| |||||||
1 | The Secretary may promulgate rules to ensure that a | ||||||
2 | savings bank that is a
limited liability company (i) is | ||||||
3 | operating in a safe and sound manner and (ii)
is subject to the | ||||||
4 | Secretary's authority in the same manner as a savings bank
| ||||||
5 | that is organized in stock form.
| ||||||
6 | (Source: P.A. 97-492, eff. 1-1-12; revised 8-23-19.)
| ||||||
7 | Section 460. The Illinois Credit Union Act is amended by | ||||||
8 | changing Sections 9 and 46 as follows:
| ||||||
9 | (205 ILCS 305/9) (from Ch. 17, par. 4410)
| ||||||
10 | Sec. 9. Reports and examinations.
| ||||||
11 | (1) Credit unions shall report to
the Department on forms | ||||||
12 | supplied by the Department, in accordance with a
schedule | ||||||
13 | published by the Department. A recapitulation of the annual | ||||||
14 | reports
shall be compiled and published annually by the | ||||||
15 | Department, for the use
of the General Assembly, credit | ||||||
16 | unions, various educational institutions
and other interested | ||||||
17 | parties. A credit union which fails to file any report
when due | ||||||
18 | shall pay to the Department a late filing fee for each
day the | ||||||
19 | report is overdue as prescribed by rule. The Secretary may | ||||||
20 | extend
the time for filing a
report.
| ||||||
21 | (2) The Secretary may require special examinations of and | ||||||
22 | special
financial reports from a credit union or a credit
| ||||||
23 | union organization in which a credit union loans, invests, or | ||||||
24 | delegates
substantially all
managerial duties and |
| |||||||
| |||||||
1 | responsibilities when he determines that such
examinations
and | ||||||
2 | reports are necessary to enable the Department
to determine | ||||||
3 | the safety of a credit union's operation or its solvency.
The | ||||||
4 | cost to the Department of the aforesaid special examinations | ||||||
5 | shall be
borne by the credit union being examined as | ||||||
6 | prescribed by rule.
| ||||||
7 | (3) All credit unions incorporated under this Act shall be | ||||||
8 | examined at
least biennially by the Department or, at the | ||||||
9 | discretion of
the Secretary,
by a public accountant registered | ||||||
10 | by the Department of Financial and Professional
Regulation. | ||||||
11 | The costs of an examination shall be paid by the
credit union. | ||||||
12 | The scope of all examinations by a public accountant shall
be | ||||||
13 | at least equal to the examinations made by the Department. The | ||||||
14 | examiners
shall have full access to, and may compel the | ||||||
15 | production of, all the books,
papers, securities and accounts | ||||||
16 | of any credit union. A special examination
shall be made by the | ||||||
17 | Department or by a public accountant approved by the
| ||||||
18 | Department upon written request of 5 or more members, who | ||||||
19 | guarantee the
expense of the same. Any credit union refusing | ||||||
20 | to submit to an examination
when ordered by the Department | ||||||
21 | shall be reported to the Attorney General,
who shall institute | ||||||
22 | proceedings to have its charter revoked. If the Secretary
| ||||||
23 | determines that the examination of a credit
union is to be
| ||||||
24 | conducted by a public accountant registered by the Department | ||||||
25 | of Financial and
Professional Regulation and the examination | ||||||
26 | is
done in conjunction
with the credit union's external |
| |||||||
| |||||||
1 | independent audit of financial
statements, the requirements of | ||||||
2 | this Section and subsection (3) of Section
34 shall be deemed | ||||||
3 | met.
| ||||||
4 | (3.5) Pursuant to Section 8, the Secretary shall adopt | ||||||
5 | rules that ensure consistency and due process in the | ||||||
6 | examination process. The Secretary may also establish | ||||||
7 | guidelines that (i) define the scope of the examination | ||||||
8 | process and (ii) clarify examination items to be resolved. The | ||||||
9 | rules, formal guidance, interpretive interpretative letters, | ||||||
10 | or opinions furnished to credit unions by the Secretary may be | ||||||
11 | relied upon by the credit unions. | ||||||
12 | (4) A copy of the completed report of examination and a | ||||||
13 | review comment
letter, if any, citing exceptions revealed | ||||||
14 | during the examination, shall
be submitted to the credit union | ||||||
15 | by the Department. A detailed report stating
the corrective | ||||||
16 | actions taken by the board of directors on each exception
set | ||||||
17 | forth in the review comment letter shall be filed with the | ||||||
18 | Department
within 40 days after the date of the review comment | ||||||
19 | letter, or as otherwise
directed by the Department. Any credit | ||||||
20 | union through its officers, directors,
committee members or | ||||||
21 | employees, which willfully provides fraudulent or
misleading | ||||||
22 | information regarding the corrective actions taken on | ||||||
23 | exceptions
appearing in a review comment letter may have its | ||||||
24 | operations restricted to
the collection of principal and | ||||||
25 | interest on loans outstanding and the
payment of normal | ||||||
26 | expenses and salaries until all exceptions are corrected
and |
| |||||||
| |||||||
1 | accepted by the Department.
| ||||||
2 | (Source: P.A. 97-133, eff. 1-1-12; 98-784, eff. 7-24-14; | ||||||
3 | revised 8-23-19.)
| ||||||
4 | (205 ILCS 305/46) (from Ch. 17, par. 4447)
| ||||||
5 | Sec. 46. Loans and interest rate.
| ||||||
6 | (1) A credit union may make loans
to its members for such | ||||||
7 | purpose and upon such security and terms, including
rates of | ||||||
8 | interest, as the credit committee, credit manager, or loan | ||||||
9 | officer
approves.
Notwithstanding the provisions of any other | ||||||
10 | law in connection with extensions
of credit, a credit union | ||||||
11 | may elect to
contract for and receive interest and fees and | ||||||
12 | other charges for extensions of
credit subject only to the | ||||||
13 | provisions of this Act and rules promulgated under
this Act, | ||||||
14 | except that extensions of credit secured by residential real | ||||||
15 | estate
shall be subject to the laws applicable thereto.
The | ||||||
16 | rates of interest to be charged on loans to members shall be
| ||||||
17 | set by the board of directors of each individual credit union | ||||||
18 | in accordance with Section 30 of this Act and such
rates may be | ||||||
19 | less than, but may not exceed, the maximum rate set forth in
| ||||||
20 | this Section. A borrower may repay his loan prior to maturity, | ||||||
21 | in whole or
in part, without penalty. A prepayment penalty | ||||||
22 | does not include a waived, bona fide third-party charge that | ||||||
23 | the credit union imposes if the borrower prepays all of the | ||||||
24 | transaction's principal sooner than 36 months after | ||||||
25 | consummation of a closed-end credit transaction, a waived, |
| |||||||
| |||||||
1 | bona fide third-party charge that the credit union imposes if | ||||||
2 | the borrower terminates an open-end credit plan sooner than 36 | ||||||
3 | months after account opening, or a yield maintenance fee | ||||||
4 | imposed on a business loan transaction. The credit contract | ||||||
5 | may provide for the payment
by the member and receipt by the | ||||||
6 | credit union of all costs and
disbursements, including | ||||||
7 | reasonable attorney's fees and collection agency
charges, | ||||||
8 | incurred by the credit union to collect or enforce the debt in | ||||||
9 | the
event of a delinquency by the member, or in the event of a | ||||||
10 | breach of any
obligation of the member under the credit | ||||||
11 | contract. A contingency or
hourly arrangement established | ||||||
12 | under an agreement entered into by a credit
union with an | ||||||
13 | attorney or collection agency to collect a loan of a member
in | ||||||
14 | default shall be presumed prima facie reasonable.
| ||||||
15 | (2) Credit unions may make loans based upon the security | ||||||
16 | of any
interest or equity in real estate, subject to rules and | ||||||
17 | regulations
promulgated by the Secretary. In any contract or | ||||||
18 | loan which
is secured by a mortgage, deed of
trust, or | ||||||
19 | conveyance in the nature of a mortgage, on residential real
| ||||||
20 | estate, the interest which is computed, calculated, charged, | ||||||
21 | or collected
pursuant to such contract or loan, or pursuant to | ||||||
22 | any regulation or rule
promulgated pursuant to this Act, may | ||||||
23 | not be computed, calculated, charged
or collected for any | ||||||
24 | period of time occurring after the date on which the
total | ||||||
25 | indebtedness, with the exception of late payment penalties, is | ||||||
26 | paid
in full.
|
| |||||||
| |||||||
1 | For purposes of this subsection (2) of this Section 46, a | ||||||
2 | prepayment
shall mean the payment of the total indebtedness, | ||||||
3 | with the exception of
late payment penalties if incurred or | ||||||
4 | charged, on any date before the date
specified in the contract | ||||||
5 | or loan agreement on which the total indebtedness
shall be | ||||||
6 | paid in full, or before the date on which all payments, if | ||||||
7 | timely
made, shall have been made. In the event of a prepayment | ||||||
8 | of the
indebtedness which is made on a date
after the date on | ||||||
9 | which interest on the indebtedness was last computed,
| ||||||
10 | calculated, charged, or collected but before the next date on | ||||||
11 | which interest
on the indebtedness was to be calculated, | ||||||
12 | computed, charged, or collected,
the lender may calculate, | ||||||
13 | charge and collect interest on the indebtedness
for the period | ||||||
14 | which elapsed between the date on which the prepayment is
made | ||||||
15 | and the date on which interest on the indebtedness was last | ||||||
16 | computed,
calculated, charged or collected at a rate equal to | ||||||
17 | 1/360 of the annual
rate for each day which so elapsed, which | ||||||
18 | rate shall be applied to the
indebtedness outstanding as of | ||||||
19 | the date of prepayment. The lender shall
refund to the | ||||||
20 | borrower any interest charged or collected which exceeds that
| ||||||
21 | which the lender may charge or collect pursuant to the | ||||||
22 | preceding sentence.
| ||||||
23 | (3) (Blank).
| ||||||
24 | (4) Notwithstanding any other provisions of this Act, a | ||||||
25 | credit union
authorized under this Act to make loans secured | ||||||
26 | by an interest or equity
in real property may engage in making |
| |||||||
| |||||||
1 | revolving credit loans secured by
mortgages or deeds of trust | ||||||
2 | on such real property or by security
assignments of beneficial | ||||||
3 | interests in land trusts.
| ||||||
4 | For purposes of this Section, "revolving credit" has the | ||||||
5 | meaning defined
in Section 4.1 of the Interest Act.
| ||||||
6 | Any mortgage or deed of trust given to secure a revolving | ||||||
7 | credit loan may,
and when so expressed therein shall, secure | ||||||
8 | not only the existing indebtedness
but also such future | ||||||
9 | advances, whether such advances are obligatory or to
be made | ||||||
10 | at the option of the lender, or otherwise, as are made within | ||||||
11 | 20 twenty
years from the date thereof, to the same extent as if | ||||||
12 | such future advances
were made on the date of the execution of | ||||||
13 | such mortgage or deed of trust,
although there may be no | ||||||
14 | advance made at the time of execution of such mortgage
or other | ||||||
15 | instrument, and although there may be no indebtedness | ||||||
16 | outstanding
at the time any advance is made. The lien of such | ||||||
17 | mortgage or deed of trust,
as to third persons
without actual | ||||||
18 | notice thereof, shall be valid as to all such indebtedness
and | ||||||
19 | future advances from form the time said mortgage or deed of | ||||||
20 | trust is filed
for record in the office of the recorder of | ||||||
21 | deeds or the registrar of titles
of the county where the real | ||||||
22 | property described therein is located. The
total amount of | ||||||
23 | indebtedness that may be so secured may increase or decrease
| ||||||
24 | from time to time, but the total unpaid balance so secured at | ||||||
25 | any one time
shall not exceed a maximum principal amount which | ||||||
26 | must be specified in such
mortgage or deed of trust, plus |
| |||||||
| |||||||
1 | interest thereon, and any disbursements
made for the payment | ||||||
2 | of taxes, special assessments, or insurance on said
real | ||||||
3 | property, with interest on such disbursements.
| ||||||
4 | Any such mortgage or deed of trust shall be valid and have | ||||||
5 | priority over
all subsequent liens and encumbrances, including | ||||||
6 | statutory liens, except
taxes and assessments levied on said | ||||||
7 | real property.
| ||||||
8 | (4-5) For purposes of this Section, "real estate" and | ||||||
9 | "real property" include a manufactured home as defined in | ||||||
10 | subdivision (53) of Section 9-102 of the Uniform Commercial | ||||||
11 | Code which is real property as defined in Section 5-35 of the | ||||||
12 | Conveyance and Encumbrance of Manufactured Homes as Real | ||||||
13 | Property and Severance Act. | ||||||
14 | (5) Compliance with federal or Illinois preemptive laws or | ||||||
15 | regulations
governing loans made by a credit union chartered | ||||||
16 | under this Act shall
constitute compliance with this Act.
| ||||||
17 | (6) Credit unions may make residential real estate | ||||||
18 | mortgage loans on terms and conditions established by the | ||||||
19 | United States Department of Agriculture through its Rural | ||||||
20 | Development Housing and Community Facilities Program. The | ||||||
21 | portion of any loan in excess of the appraised value of the | ||||||
22 | real estate shall be allocable only to the guarantee fee | ||||||
23 | required under the program. | ||||||
24 | (7) For a renewal, refinancing, or restructuring of an | ||||||
25 | existing loan at the credit union that is secured by an | ||||||
26 | interest or equity in real estate, a new appraisal of the |
| |||||||
| |||||||
1 | collateral shall not be required when (i) no new moneys are | ||||||
2 | advanced other than funds necessary to cover reasonable | ||||||
3 | closing costs, or (ii) there has been no obvious or material | ||||||
4 | change in market conditions or physical aspects of the real | ||||||
5 | estate that threatens the adequacy of the credit union's real | ||||||
6 | estate collateral protection after the transaction, even with | ||||||
7 | the advancement of new moneys. The Department reserves the | ||||||
8 | right to require an appraisal under this subsection (7) | ||||||
9 | whenever the Department believes it is necessary to address | ||||||
10 | safety and soundness concerns. | ||||||
11 | (Source: P.A. 99-78, eff. 7-20-15; 99-149, eff. 1-1-16; | ||||||
12 | 99-331, eff. 1-1-16; 99-614, eff. 7-22-16; 99-642, eff. | ||||||
13 | 7-28-16; 100-201, eff. 8-18-17; revised 8-23-19.)
| ||||||
14 | Section 465. The Community Living Facilities Licensing Act | ||||||
15 | is amended by changing Section 5.5 as follows:
| ||||||
16 | (210 ILCS 35/5.5) | ||||||
17 | Sec. 5.5. Closed captioning required. A Community Living | ||||||
18 | Facility licensed under this Act must make reasonable efforts | ||||||
19 | to have activated at all times the closed captioning feature | ||||||
20 | on a television in a common area provided for use by the | ||||||
21 | general public or in a resident's room, or enable the closed | ||||||
22 | captioning feature when requested to do so by a member of the | ||||||
23 | general public or a resident, if the television includes a | ||||||
24 | closed captioning feature. |
| |||||||
| |||||||
1 | It is not a violation of this Section if the closed | ||||||
2 | captioning feature is deactivated by a member of the Community | ||||||
3 | Living Facility's staff after such feature is enabled in a | ||||||
4 | common area or in a resident's room unless the deactivation of | ||||||
5 | the closed captioning feature is knowing or intentional. It is | ||||||
6 | not a violation of this Section if the closed captioning | ||||||
7 | feature is deactivated by a member of the general public, a | ||||||
8 | resident, or a member of the a Community Living Facility's | ||||||
9 | staff at the request of a resident of the Community Living | ||||||
10 | Facility licensed under this Act. | ||||||
11 | If a Community Living Facility licensed under this Act | ||||||
12 | does not have a television in a common area that includes a | ||||||
13 | closed captioning feature, then the Community Living Facility | ||||||
14 | licensed under this Act must ensure that all televisions | ||||||
15 | obtained for common areas after January 1, 2020 ( the effective | ||||||
16 | date of Public Act 101-116) this amendatory Act of the 101st | ||||||
17 | General Assembly include a closed captioning feature. This | ||||||
18 | Section does not affect any other provision of law relating to | ||||||
19 | disability discrimination or providing reasonable | ||||||
20 | accommodations or diminish the rights of a person with a | ||||||
21 | disability under any other law. Nothing in this Section shall | ||||||
22 | apply to televisions that are privately owned by a resident or | ||||||
23 | third party and not owned by the Community Living Facility. | ||||||
24 | As used in this Section, "closed captioning" means a text | ||||||
25 | display of spoken words presented on a television that allows | ||||||
26 | a deaf or hard of hearing viewer to follow the dialogue and the |
| |||||||
| |||||||
1 | action of a program simultaneously.
| ||||||
2 | (Source: P.A. 101-116, eff. 1-1-20; revised 9-26-19.)
| ||||||
3 | Section 470. The Specialized Mental Health Rehabilitation | ||||||
4 | Act of 2013 is amended by changing Section 2-101 as follows:
| ||||||
5 | (210 ILCS 49/2-101)
| ||||||
6 | Sec. 2-101. Standards for facilities. | ||||||
7 | (a) The Department shall, by rule, prescribe minimum | ||||||
8 | standards for each level of care for facilities to be in place | ||||||
9 | during the provisional licensure period and thereafter. These | ||||||
10 | standards shall include, but are not limited to, the | ||||||
11 | following:
| ||||||
12 | (1) life safety standards that will ensure the health, | ||||||
13 | safety and welfare of residents and their protection from | ||||||
14 | hazards;
| ||||||
15 | (2) number and qualifications of all personnel, | ||||||
16 | including management and clinical personnel, having | ||||||
17 | responsibility for any part of the care given to | ||||||
18 | consumers; specifically, the Department shall establish | ||||||
19 | staffing ratios for facilities which shall specify the | ||||||
20 | number of staff hours per consumer of care that are needed | ||||||
21 | for each level of care offered within the facility;
| ||||||
22 | (3) all sanitary conditions within the facility and | ||||||
23 | its surroundings, including water supply, sewage disposal, | ||||||
24 | food handling, and general hygiene which shall ensure the |
| |||||||
| |||||||
1 | health and comfort of consumers;
| ||||||
2 | (4) a program for adequate maintenance of physical | ||||||
3 | plant and equipment;
| ||||||
4 | (5) adequate accommodations, staff, and services for | ||||||
5 | the number and types of services being offered to | ||||||
6 | consumers for whom the facility is licensed to care; | ||||||
7 | (6) development of evacuation and other appropriate | ||||||
8 | safety plans for use during weather, health, fire, | ||||||
9 | physical plant, environmental, and national defense | ||||||
10 | emergencies; | ||||||
11 | (7) maintenance of minimum financial or other | ||||||
12 | resources necessary to meet the standards established | ||||||
13 | under this Section, and to operate and conduct the | ||||||
14 | facility in accordance with this Act; and | ||||||
15 | (8) standards for coercive free environment, | ||||||
16 | restraint, and therapeutic separation ; and . | ||||||
17 | (9) each multiple bedroom shall have at least 55 | ||||||
18 | square feet of net floor area per consumer, not including | ||||||
19 | space for closets, bathrooms, and clearly defined entryway | ||||||
20 | areas. A minimum of 3 feet of clearance at the foot and one | ||||||
21 | side of each bed shall be provided.
| ||||||
22 | (b) Any requirement contained in administrative rule | ||||||
23 | concerning a percentage of single occupancy rooms shall be | ||||||
24 | calculated based on the total number of licensed or | ||||||
25 | provisionally licensed beds under this Act on January 1, 2019 | ||||||
26 | and shall not be calculated on a per-facility basis. |
| |||||||
| |||||||
1 | (Source: P.A. 100-1181, eff. 3-8-19; 101-10, eff. 6-5-19; | ||||||
2 | revised 7-17-19.)
| ||||||
3 | Section 475. The Emergency Medical Services (EMS) Systems | ||||||
4 | Act is amended by changing Sections 3.50 and 3.233 as follows:
| ||||||
5 | (210 ILCS 50/3.50)
| ||||||
6 | Sec. 3.50. Emergency Medical Services personnel licensure | ||||||
7 | levels.
| ||||||
8 | (a) "Emergency Medical Technician" or
"EMT" means a person | ||||||
9 | who has successfully completed a course in basic life support
| ||||||
10 | as approved by the
Department, is currently licensed by the | ||||||
11 | Department in
accordance with standards prescribed by this Act | ||||||
12 | and rules
adopted by the Department pursuant to this Act, and | ||||||
13 | practices within an EMS
System. A valid Emergency Medical | ||||||
14 | Technician-Basic (EMT-B) license issued under this Act shall | ||||||
15 | continue to be valid and shall be recognized as an Emergency | ||||||
16 | Medical Technician (EMT) license until the Emergency Medical | ||||||
17 | Technician-Basic (EMT-B) license expires.
| ||||||
18 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
19 | means a person who has successfully completed a
course in | ||||||
20 | intermediate life support
as approved
by the Department, is | ||||||
21 | currently licensed by the
Department in accordance with | ||||||
22 | standards prescribed by this
Act and rules adopted by the | ||||||
23 | Department pursuant to this
Act, and practices within an | ||||||
24 | Intermediate or Advanced
Life Support EMS System.
|
| |||||||
| |||||||
1 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
2 | means a person who has successfully completed a course in | ||||||
3 | basic and limited advanced emergency medical care as approved | ||||||
4 | by the Department, is currently licensed by the Department in | ||||||
5 | accordance with standards prescribed by this Act and rules | ||||||
6 | adopted by the Department pursuant to this Act, and practices | ||||||
7 | within an Intermediate or Advanced Life Support EMS System. | ||||||
8 | (c) "Paramedic (EMT-P)" means a person who
has | ||||||
9 | successfully completed a
course in advanced life support care
| ||||||
10 | as approved
by the Department, is licensed by the Department
| ||||||
11 | in accordance with standards prescribed by this Act and
rules | ||||||
12 | adopted by the Department pursuant to this Act, and
practices | ||||||
13 | within an Advanced Life Support EMS System. A valid Emergency | ||||||
14 | Medical Technician-Paramedic (EMT-P) license issued under this | ||||||
15 | Act shall continue to be valid and shall be recognized as a | ||||||
16 | Paramedic license until the Emergency Medical | ||||||
17 | Technician-Paramedic (EMT-P) license expires.
| ||||||
18 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
19 | Responder)" means a person who has successfully completed a | ||||||
20 | course in emergency medical response as approved by the | ||||||
21 | Department and provides emergency medical response services | ||||||
22 | prior to the arrival of an ambulance or specialized emergency | ||||||
23 | medical services vehicle, in accordance with the level of care | ||||||
24 | established by the National EMS Educational Standards | ||||||
25 | Emergency Medical Responder course as modified by the | ||||||
26 | Department. An Emergency Medical Responder who provides |
| |||||||
| |||||||
1 | services as part of an EMS System response plan shall comply | ||||||
2 | with the applicable sections of the Program Plan, as approved | ||||||
3 | by the Department, of that EMS System. The Department shall | ||||||
4 | have the authority to adopt rules governing the curriculum, | ||||||
5 | practice, and necessary equipment applicable to Emergency | ||||||
6 | Medical Responders. | ||||||
7 | On August 15, 2014 (the effective date of Public Act | ||||||
8 | 98-973), a person who is licensed by the Department as a First | ||||||
9 | Responder and has completed a Department-approved course in | ||||||
10 | first responder defibrillator training based on, or equivalent | ||||||
11 | to, the National EMS Educational Standards or other standards | ||||||
12 | previously recognized by the Department shall be eligible for | ||||||
13 | licensure as an Emergency Medical Responder upon meeting the | ||||||
14 | licensure requirements and submitting an application to the | ||||||
15 | Department. A valid First Responder license issued under this | ||||||
16 | Act shall continue to be valid and shall be recognized as an | ||||||
17 | Emergency Medical Responder license until the First Responder | ||||||
18 | license expires. | ||||||
19 | (c-10) All EMS Systems and licensees shall be fully | ||||||
20 | compliant with the National EMS Education Standards, as | ||||||
21 | modified by the Department in administrative rules, within 24 | ||||||
22 | months after the adoption of the administrative rules. | ||||||
23 | (d) The Department shall have the authority and
| ||||||
24 | responsibility to:
| ||||||
25 | (1) Prescribe education and training requirements, | ||||||
26 | which
includes training in the use of epinephrine,
for all |
| |||||||
| |||||||
1 | levels of EMS personnel except for EMRs, based on the | ||||||
2 | National EMS Educational Standards
and any modifications | ||||||
3 | to those curricula specified by the
Department through | ||||||
4 | rules adopted pursuant to this Act.
| ||||||
5 | (2) Prescribe licensure testing requirements
for all | ||||||
6 | levels of EMS personnel, which shall include a requirement | ||||||
7 | that
all phases of instruction, training, and field | ||||||
8 | experience be
completed before taking the appropriate | ||||||
9 | licensure examination.
Candidates may elect to take the | ||||||
10 | appropriate National Registry examination in lieu of the
| ||||||
11 | Department's examination, but are responsible for making
| ||||||
12 | their own arrangements for taking the National Registry
| ||||||
13 | examination. In prescribing licensure testing requirements | ||||||
14 | for honorably discharged members of the armed forces of | ||||||
15 | the United States under this paragraph (2), the Department | ||||||
16 | shall ensure that a candidate's military emergency medical | ||||||
17 | training, emergency medical curriculum completed, and | ||||||
18 | clinical experience, as described in paragraph (2.5), are | ||||||
19 | recognized.
| ||||||
20 | (2.5) Review applications for EMS personnel licensure | ||||||
21 | from
honorably discharged members of the armed forces of | ||||||
22 | the United States with military emergency medical | ||||||
23 | training. Applications shall be filed with the Department | ||||||
24 | within one year after military discharge and shall | ||||||
25 | contain: (i) proof of successful completion of military | ||||||
26 | emergency medical training; (ii) a detailed description of |
| |||||||
| |||||||
1 | the emergency medical curriculum completed; and (iii) a | ||||||
2 | detailed description of the applicant's clinical | ||||||
3 | experience. The Department may request additional and | ||||||
4 | clarifying information. The Department shall evaluate the | ||||||
5 | application, including the applicant's training and | ||||||
6 | experience, consistent with the standards set forth under | ||||||
7 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
8 | application clearly demonstrates that the training and | ||||||
9 | experience meet such standards, the Department shall offer | ||||||
10 | the applicant the opportunity to successfully complete a | ||||||
11 | Department-approved EMS personnel examination for the | ||||||
12 | level of license for which the applicant is qualified. | ||||||
13 | Upon passage of an examination, the Department shall issue | ||||||
14 | a license, which shall be subject to all provisions of | ||||||
15 | this Act that are otherwise applicable to the level of EMS | ||||||
16 | personnel
license issued. | ||||||
17 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||||||
18 | or Paramedic who have met the Department's education, | ||||||
19 | training and
examination requirements.
| ||||||
20 | (4) Prescribe annual continuing education and
| ||||||
21 | relicensure requirements for all EMS personnel licensure
| ||||||
22 | levels.
| ||||||
23 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
24 | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | ||||||
25 | based on their compliance with
continuing education and | ||||||
26 | relicensure requirements as required by the Department |
| |||||||
| |||||||
1 | pursuant to this Act. Every 4 years, a Paramedic shall | ||||||
2 | have 100 hours of approved continuing education, an EMT-I | ||||||
3 | and an advanced EMT shall have 80 hours of approved | ||||||
4 | continuing education, and an EMT shall have 60 hours of | ||||||
5 | approved continuing education. An Illinois licensed EMR, | ||||||
6 | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | ||||||
7 | PHRN whose license has been expired for less than 36 | ||||||
8 | months may apply for reinstatement by the Department. | ||||||
9 | Reinstatement shall require that the applicant (i) submit | ||||||
10 | satisfactory proof of completion of continuing medical | ||||||
11 | education and clinical requirements to be prescribed by | ||||||
12 | the Department in an administrative rule; (ii) submit a | ||||||
13 | positive recommendation from an Illinois EMS Medical | ||||||
14 | Director attesting to the applicant's qualifications for | ||||||
15 | retesting; and (iii) pass a Department approved test for | ||||||
16 | the level of EMS personnel license sought to be | ||||||
17 | reinstated.
| ||||||
18 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
19 | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| ||||||
20 | qualifies, based on standards and procedures established | ||||||
21 | by
the Department in rules adopted pursuant to this Act.
| ||||||
22 | (7) Charge a fee for EMS personnel examination, | ||||||
23 | licensure, and license renewal.
| ||||||
24 | (8) Suspend, revoke, or refuse to issue or renew the
| ||||||
25 | license of any licensee, after an opportunity for an | ||||||
26 | impartial hearing before a neutral administrative law |
| |||||||
| |||||||
1 | judge appointed by the Director, where the preponderance | ||||||
2 | of the evidence shows one or more of the following:
| ||||||
3 | (A) The licensee has not met continuing
education | ||||||
4 | or relicensure requirements as prescribed by the | ||||||
5 | Department;
| ||||||
6 | (B) The licensee has failed to maintain
| ||||||
7 | proficiency in the level of skills for which he or she | ||||||
8 | is licensed;
| ||||||
9 | (C) The licensee, during the provision of
medical | ||||||
10 | services, engaged in dishonorable, unethical, or
| ||||||
11 | unprofessional conduct of a character likely to | ||||||
12 | deceive,
defraud, or harm the public;
| ||||||
13 | (D) The licensee has failed to maintain or
has | ||||||
14 | violated standards of performance and conduct as | ||||||
15 | prescribed
by the Department in rules adopted pursuant | ||||||
16 | to this Act or
his or her EMS System's Program Plan;
| ||||||
17 | (E) The licensee is physically impaired to
the | ||||||
18 | extent that he or she cannot physically perform the | ||||||
19 | skills and
functions for which he or she is licensed, | ||||||
20 | as verified by a
physician, unless the person is on | ||||||
21 | inactive status pursuant
to Department regulations;
| ||||||
22 | (F) The licensee is mentally impaired to the
| ||||||
23 | extent that he or she cannot exercise the appropriate | ||||||
24 | judgment,
skill and safety for performing the | ||||||
25 | functions for which he
or she is licensed, as verified | ||||||
26 | by a physician, unless the person
is on inactive |
| |||||||
| |||||||
1 | status pursuant to Department regulations;
| ||||||
2 | (G) The licensee has violated this Act or any
rule | ||||||
3 | adopted by the Department pursuant to this Act; or | ||||||
4 | (H) The licensee has been convicted (or entered a | ||||||
5 | plea of guilty or nolo contendere nolo-contendere ) by | ||||||
6 | a court of competent jurisdiction of a Class X, Class | ||||||
7 | 1, or Class 2 felony in this State or an out-of-state | ||||||
8 | equivalent offense. | ||||||
9 | (9) Prescribe education and training requirements in | ||||||
10 | the administration and use of opioid antagonists for all | ||||||
11 | levels of EMS personnel based on the National EMS | ||||||
12 | Educational Standards and any modifications to those | ||||||
13 | curricula specified by the Department through rules | ||||||
14 | adopted pursuant to this Act. | ||||||
15 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
16 | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||||||
17 | Guard or an Illinois State Trooper or who exclusively serves | ||||||
18 | as a volunteer for units of local government with a population | ||||||
19 | base of less than 5,000 or as a volunteer
for a not-for-profit | ||||||
20 | organization that serves a service area
with a population base | ||||||
21 | of less than 5,000 may submit an application to the Department | ||||||
22 | for a waiver of the fees described under paragraph (7) of | ||||||
23 | subsection (d) of this Section on a form prescribed by the | ||||||
24 | Department. | ||||||
25 | The education requirements prescribed by the Department | ||||||
26 | under this Section must allow for the suspension of those |
| |||||||
| |||||||
1 | requirements in the case of a member of the armed services or | ||||||
2 | reserve forces of the United States or a member of the Illinois | ||||||
3 | National Guard who is on active duty pursuant to an executive | ||||||
4 | order of the President of the United States, an act of the | ||||||
5 | Congress of the United States, or an order of the Governor at | ||||||
6 | the time that the member would otherwise be required to | ||||||
7 | fulfill a particular education requirement. Such a person must | ||||||
8 | fulfill the education requirement within 6 months after his or | ||||||
9 | her release from active duty.
| ||||||
10 | (e) In the event that any rule of the
Department or an EMS | ||||||
11 | Medical Director that requires testing for drug
use as a | ||||||
12 | condition of the applicable EMS personnel license conflicts | ||||||
13 | with or
duplicates a provision of a collective bargaining | ||||||
14 | agreement
that requires testing for drug use, that rule shall | ||||||
15 | not
apply to any person covered by the collective bargaining
| ||||||
16 | agreement.
| ||||||
17 | (f) At the time of applying for or renewing his or her | ||||||
18 | license, an applicant for a license or license renewal may | ||||||
19 | submit an email address to the Department. The Department | ||||||
20 | shall keep the email address on file as a form of contact for | ||||||
21 | the individual. The Department shall send license renewal | ||||||
22 | notices electronically and by mail to a licensee all licensees | ||||||
23 | who provides provide the Department with his or her email | ||||||
24 | address. The notices shall be sent at least 60 days prior to | ||||||
25 | the expiration date of the license. | ||||||
26 | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19; |
| |||||||
| |||||||
1 | 101-153, eff. 1-1-20; revised 12-3-19.)
| ||||||
2 | (210 ILCS 50/3.233) | ||||||
3 | Sec. 3.233. Opioid overdose reporting. | ||||||
4 | (a) In this Section: | ||||||
5 | "Covered vehicle service provider" means a licensed | ||||||
6 | vehicle service provider that is a municipality with a | ||||||
7 | population of 1,000,000 or greater. | ||||||
8 | "Covered vehicle service provider personnel" means | ||||||
9 | individuals licensed by the Department as an EMT, EMT-I, | ||||||
10 | A-EMT, or EMT-P who are employed by a covered vehicle service | ||||||
11 | provider. | ||||||
12 | "Opioid" means any narcotic containing opium or one or | ||||||
13 | more of its natural or synthetic derivatives. | ||||||
14 | "Overdose" means a physiological event that results in a | ||||||
15 | life-threatening emergency to an individual who ingested, | ||||||
16 | inhaled, injected, or otherwise bodily absorbed an opioid. | ||||||
17 | (b) Covered vehicle service provider personnel who treat | ||||||
18 | and either release or transport to a health care facility an | ||||||
19 | individual experiencing a suspected or an actual overdose | ||||||
20 | shall document in the patient's care report the information | ||||||
21 | specified in subsection (c) within 24 hours of the initial | ||||||
22 | reporting of the incident. | ||||||
23 | (c) A patient care report of an overdose made under this | ||||||
24 | Section shall include: | ||||||
25 | (1) the date and time of the overdose; |
| |||||||
| |||||||
1 | (2) the location in latitude and longitude, to no more | ||||||
2 | than 4 decimal places, where the overdose victim was | ||||||
3 | initially encountered by the covered vehicle service | ||||||
4 | provider personnel; | ||||||
5 | (3) whether one or more doses of an opioid overdose | ||||||
6 | reversal drug were was administered; and | ||||||
7 | (4) whether the overdose was fatal or nonfatal when | ||||||
8 | the overdose victim was initially encountered by the | ||||||
9 | covered vehicle service provider personnel and during the | ||||||
10 | transportation of the victim to a health care facility. | ||||||
11 | (d) Upon receipt of a patient care report that documents | ||||||
12 | an overdose, a covered vehicle service provider shall report | ||||||
13 | the information listed under subsection (c) to: | ||||||
14 | (i) the Washington/Baltimore High Intensity Drug | ||||||
15 | Trafficking Area Overdose Detection Mapping Application; | ||||||
16 | or | ||||||
17 | (ii) any similar information technology platform with | ||||||
18 | secure access operated by the federal government or a unit | ||||||
19 | of state or local government, as determined by the covered | ||||||
20 | vehicle service provider. | ||||||
21 | (e) Overdose information reported by a covered vehicle | ||||||
22 | service provider under this Section shall not be used in an | ||||||
23 | opioid use-related criminal investigation or prosecution of | ||||||
24 | the individual who was treated by the covered vehicle service | ||||||
25 | provider personnel for experiencing the suspected or actual | ||||||
26 | overdose. |
| |||||||
| |||||||
1 | (f) Covered vehicle service providers or covered vehicle | ||||||
2 | service provider personnel that in good faith make a report | ||||||
3 | under this Section shall be immune from civil or criminal | ||||||
4 | liability for making the report.
| ||||||
5 | (Source: P.A. 101-320, eff. 8-9-19; revised 12-3-19.)
| ||||||
6 | Section 480. The Mobile Home Park Act is amended by | ||||||
7 | changing Section 9.8 as follows:
| ||||||
8 | (210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
| ||||||
9 | Sec. 9.8.
Adequate insect and rodent control measures | ||||||
10 | shall be employed. All
buildings shall be fly proof and rodent | ||||||
11 | proof , and rodent harborages shall not be
permitted to exist | ||||||
12 | in the park or pathways. All mobile homes shall be skirted to | ||||||
13 | exclude rodents and provide protection to the homes' homes | ||||||
14 | utilities from the weather.
| ||||||
15 | (Source: P.A. 101-454, eff. 8-23-19; revised 1-25-21.)
| ||||||
16 | Section 485. The Safe Pharmaceutical Disposal Act is | ||||||
17 | amended by changing Section 5 as follows:
| ||||||
18 | (210 ILCS 150/5) | ||||||
19 | Sec. 5. Definitions. In this Act: | ||||||
20 | "Health care institution" means any public or private | ||||||
21 | institution or agency licensed or certified by State law to | ||||||
22 | provide health care. The term includes hospitals, nursing |
| |||||||
| |||||||
1 | homes, residential health care facilities, home health care | ||||||
2 | agencies, hospice programs operating in this State, | ||||||
3 | institutions, facilities, or agencies that provide services to | ||||||
4 | persons with mental health illnesses, and institutions, | ||||||
5 | facilities, or agencies that provide services for persons with | ||||||
6 | developmental disabilities. | ||||||
7 | "Law enforcement agency" means any federal, State, or | ||||||
8 | local law enforcement agency, including a State's Attorney and | ||||||
9 | the Attorney General. | ||||||
10 | "Nurse" means an advanced practice registered nurse, | ||||||
11 | registered nurse, or licensed practical nurse licensed under | ||||||
12 | the Nurse Practice Act. | ||||||
13 | "Public wastewater collection system" means any wastewater | ||||||
14 | collection system regulated by the Environmental Protection | ||||||
15 | Agency. | ||||||
16 | "Unused medication" means any unopened, expired, or excess | ||||||
17 | (including medication unused as a result of the death of the | ||||||
18 | patient) medication that has been dispensed for patient or | ||||||
19 | resident care and that is in a liquid or solid form. The term | ||||||
20 | includes, but is not limited to, suspensions, pills, tablets, | ||||||
21 | capsules, and caplets. For long-term care facilities licensed | ||||||
22 | under the Nursing Home Care Act, "unused medication" does not | ||||||
23 | include any Schedule II controlled substance under federal law | ||||||
24 | in any form, until such time as the federal Drug Enforcement | ||||||
25 | Administration adopts regulations that permit these facilities | ||||||
26 | to dispose of controlled substances in a manner consistent |
| |||||||
| |||||||
1 | with this Act.
| ||||||
2 | (Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17; | ||||||
3 | 100-612, eff. 1-1-19; revised 7-23-19.)
| ||||||
4 | Section 490. The Illinois Insurance Code is amended by | ||||||
5 | changing Sections 28.2a, 291.1, 368g, 370c, and 534.3 and by | ||||||
6 | setting forth, renumbering, and changing multiple versions of | ||||||
7 | Section 356z.33 as follows:
| ||||||
8 | (215 ILCS 5/28.2a) (from Ch. 73, par. 640.2a)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
10 | Sec. 28.2a. Proxies. | ||||||
11 | (1) A shareholder may appoint a proxy to vote or
otherwise | ||||||
12 | act for him or her by signing an appointment form and | ||||||
13 | delivering
it to the person so appointed.
| ||||||
14 | (2) No proxy shall be valid after the expiration of 11 | ||||||
15 | months from the
date thereof unless otherwise provided in the | ||||||
16 | proxy. Every proxy continues
in full force and effect until | ||||||
17 | revoked by the person executing it prior to the
vote pursuant | ||||||
18 | thereto, except as otherwise provided in this Section. Such
| ||||||
19 | revocation may be effected by a writing delivered to the | ||||||
20 | corporation
stating that the proxy is revoked or by a | ||||||
21 | subsequent proxy executed by, or
by attendance at the meeting | ||||||
22 | and voting in person by, the person executing
the proxy. The | ||||||
23 | dates contained on the forms of proxy presumptively
determine | ||||||
24 | the order of execution, regardless of the postmark dates on |
| |||||||
| |||||||
1 | the
envelopes in which they are mailed.
| ||||||
2 | (3) An appointment of a proxy is revocable by the | ||||||
3 | shareholder unless the
appointment form conspicuously states | ||||||
4 | that it is irrevocable and the
appointment is coupled with an | ||||||
5 | interest in the shares or in the corporation
generally. By way | ||||||
6 | of example and without limiting the generality of the
| ||||||
7 | foregoing, a proxy is coupled with an interest when the proxy | ||||||
8 | appointed is
one of the following:
| ||||||
9 | (a) a pledgee;
| ||||||
10 | (b) a person who has purchased or had agreed to | ||||||
11 | purchase the shares;
| ||||||
12 | (c) a creditor of the corporation who has extended it | ||||||
13 | credit under terms
requiring the appointment, if the | ||||||
14 | appointment states the purpose for which
it was given, the | ||||||
15 | name of the creditor, and the amount of credit extended; | ||||||
16 | or
| ||||||
17 | (d) an employee of the corporation whose employment | ||||||
18 | contract requires
the appointment, if the appointment | ||||||
19 | states the purpose for which it was
given, the name of the | ||||||
20 | employee, and the period of employment.
| ||||||
21 | (4) The death or incapacity of the shareholder appointing | ||||||
22 | a proxy does
not revoke the proxy's authority unless notice of | ||||||
23 | the death or incapacity
is received by the officer or agent who | ||||||
24 | maintains the corporation's share
transfer book before the | ||||||
25 | proxy exercises his or her authority under the appointment.
| ||||||
26 | (5) An appointment made irrevocable under subsection (3) |
| |||||||
| |||||||
1 | becomes
revocable when the interest in the proxy terminates | ||||||
2 | such as when the pledge
is redeemed, the shares are registered | ||||||
3 | in the purchaser's name, the
creditor's debt is paid, the | ||||||
4 | employment contract ends, or the voting agreement expires.
| ||||||
5 | (6) A transferee for value of shares subject to an | ||||||
6 | irrevocable
appointment may revoke the appointment if the | ||||||
7 | transferee was ignorant of
its existence when the shares were | ||||||
8 | acquired and both the existence of the
appointment and its | ||||||
9 | revocability were not noted conspicuously on the
certificate | ||||||
10 | (or information statement for shares without certificates)
| ||||||
11 | representing the shares.
| ||||||
12 | (7) Unless the appointment of a proxy contains an express | ||||||
13 | limitation on
the proxy's authority, a corporation may accept | ||||||
14 | one proxy's vote or other
action as that of the shareholder | ||||||
15 | making the appointment. If the proxy
appointed fails to vote | ||||||
16 | or otherwise act in accordance with the
appointment, the | ||||||
17 | shareholder is entitled to such legal or equitable relief
as | ||||||
18 | is appropriate in the circumstances.
| ||||||
19 | (Source: P.A. 84-502; revised 8-23-19.)
| ||||||
20 | (215 ILCS 5/291.1) (from Ch. 73, par. 903.1)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
22 | Sec. 291.1. Organization. A domestic society organized on | ||||||
23 | or after
January 1, 1986 ( the effective date of Public Act | ||||||
24 | 84-303) this amendatory Act shall be formed as follows:
| ||||||
25 | (a) Seven or more citizens of the United States, a |
| |||||||
| |||||||
1 | majority of whom are
citizens of this State, who desire to | ||||||
2 | form a fraternal benefit society may
make, sign and | ||||||
3 | acknowledge, before some officer competent to take
| ||||||
4 | acknowledgement of deeds, articles of incorporation, in | ||||||
5 | which shall be stated:
| ||||||
6 | (1) The proposed corporate name of the society, | ||||||
7 | which shall not so
closely resemble the name of any | ||||||
8 | society or insurance company already
authorized to | ||||||
9 | transact business in this State as to be misleading or | ||||||
10 | confusing;
| ||||||
11 | (2) The place where its principal office shall be | ||||||
12 | located within this State;
| ||||||
13 | (3) The purposes for which it is being formed and | ||||||
14 | the mode in which its
corporate powers are to be | ||||||
15 | exercised. Such purposes shall not include more
| ||||||
16 | liberal powers than are granted by this amendatory | ||||||
17 | Act; and
| ||||||
18 | (4) The names and residences of the incorporators | ||||||
19 | and the names,
residences and official titles of all | ||||||
20 | the officers, trustees, directors or
other persons who | ||||||
21 | are to have and exercise the general control of the
| ||||||
22 | management of the affairs and funds of the society for | ||||||
23 | the first year or
until the ensuing election, at which | ||||||
24 | all such officers shall be elected by
the supreme | ||||||
25 | governing body, which election shall be held not later | ||||||
26 | than one
year from the date of issuance of the |
| |||||||
| |||||||
1 | permanent certificate of authority;
| ||||||
2 | (b) Duplicate originals of the articles of | ||||||
3 | incorporation, certified
copies of the society's bylaws | ||||||
4 | and rules, copies of all proposed forms of
certificates, | ||||||
5 | applicants and rates therefor, and circulars to be issued
| ||||||
6 | by the society and a bond conditioned upon the return to | ||||||
7 | applicants of the
advanced payments if the organization is | ||||||
8 | not completed within one year
shall be filed with the | ||||||
9 | Director, who may require such further information
as the | ||||||
10 | Director deems necessary. The bond with sureties approved | ||||||
11 | by the
Director shall be in such amount, not less than | ||||||
12 | $300,000
nor more than $1,500,000, as
required by the | ||||||
13 | Director. All documents filed are to be in the
English | ||||||
14 | language. If the Director finds that the purposes of the | ||||||
15 | society
conform to the requirements of this amendatory Act | ||||||
16 | and all provisions of the law
have been complied with, the | ||||||
17 | Director shall approve the articles of
incorporation and | ||||||
18 | issue the incorporators a preliminary certificate of
| ||||||
19 | authority authorizing the society to solicit members as | ||||||
20 | hereinafter provided;
| ||||||
21 | (c) No preliminary certificate of authority issued | ||||||
22 | under the provisions
of this Section shall be valid after | ||||||
23 | one year from its date of issue or
after such further | ||||||
24 | period, not exceeding one year, as may be authorized by
| ||||||
25 | the Director, upon cause shown, unless the 500 applicants
| ||||||
26 | hereinafter required have been secured and the |
| |||||||
| |||||||
1 | organization has
been completed as herein provided. The | ||||||
2 | articles of incorporation and all other
proceedings | ||||||
3 | thereunder shall become null and void in one year from the
| ||||||
4 | date of the preliminary certificate of authority or at the | ||||||
5 | expiration of
the extended period, unless the society | ||||||
6 | shall have completed its
organization and received a | ||||||
7 | certificate of authority to do business as
hereinafter | ||||||
8 | provided;
| ||||||
9 | (d) Upon receipt of a preliminary certificate of | ||||||
10 | authority from the
Director, the society may solicit | ||||||
11 | members for the purpose of completing its
organization, | ||||||
12 | shall collect from each applicant the amount of not less | ||||||
13 | than
one regular monthly premium in accordance with its | ||||||
14 | table of rates and
shall issue to each such applicant a | ||||||
15 | receipt for the amount so collected.
No society shall | ||||||
16 | incur any liability other than for the return of such
| ||||||
17 | advance premium nor issue any certificate nor pay, allow | ||||||
18 | or offer or
promise to pay or allow any benefit to any | ||||||
19 | person until:
| ||||||
20 | (1) Actual bona fide applications for benefits | ||||||
21 | have been secured on not
less than 500 applicants and | ||||||
22 | any necessary evidence of
insurability has been | ||||||
23 | furnished to and approved by the society;
| ||||||
24 | (2) At least 10 subordinate lodges have been | ||||||
25 | established into which the
500 applicants have been | ||||||
26 | admitted;
|
| |||||||
| |||||||
1 | (3) There has been submitted to the Director, | ||||||
2 | under oath of the
president or secretary, or | ||||||
3 | corresponding officer of the society, a list of
such | ||||||
4 | applicants, giving their names, addresses, date each | ||||||
5 | was admitted,
name and number of the subordinate lodge | ||||||
6 | of which each applicant is a
member, amount of | ||||||
7 | benefits to be granted and premiums therefor;
| ||||||
8 | (4) It shall have been shown to the Director, by | ||||||
9 | sworn statement of the
treasurer or corresponding | ||||||
10 | officer of such society, that at a least 500
| ||||||
11 | applicants have each paid in cash at least one regular | ||||||
12 | monthly
premium as herein provided, which premiums in | ||||||
13 | the aggregate shall amount to
at least $150,000. Said | ||||||
14 | advance premiums
shall be held in trust during the | ||||||
15 | period of organization, and, if the society
has not | ||||||
16 | qualified for a certificate of authority within one | ||||||
17 | year unless
extended by the Director, as herein | ||||||
18 | provided, such premiums shall be
returned to said | ||||||
19 | applicants; and
| ||||||
20 | (5) In the case of a domestic society that is | ||||||
21 | organized after January 1, 2015 ( the effective date of | ||||||
22 | Public Act 98-814) this amendatory Act of the 98th | ||||||
23 | General Assembly , the society meets the following | ||||||
24 | requirements: | ||||||
25 | (i) maintains a minimum surplus of $2,000,000, | ||||||
26 | or such higher amount as the Director may deem |
| |||||||
| |||||||
1 | necessary; and | ||||||
2 | (ii) meets any other requirements as | ||||||
3 | determined by the Director. | ||||||
4 | (e) The Director may make such examination and require | ||||||
5 | such further
information as the Director deems necessary. | ||||||
6 | Upon presentation of
satisfactory evidence that the | ||||||
7 | society has complied with all the provisions
of law, the | ||||||
8 | Director shall issue to the society a certificate of | ||||||
9 | authority
to that effect and that the society is | ||||||
10 | authorized to transact business
pursuant to the provisions | ||||||
11 | of this amendatory Act; and
| ||||||
12 | (f) Any incorporated society authorized to transact | ||||||
13 | business in this
State at the time Public Act 84-303 this | ||||||
14 | amendatory Act becomes effective (January 1, 1986) shall | ||||||
15 | not be
required to reincorporate.
| ||||||
16 | (Source: P.A. 98-814, eff. 1-1-15; revised 8-23-19.)
| ||||||
17 | (215 ILCS 5/356z.33) | ||||||
18 | Sec. 356z.33. Coverage for epinephrine injectors. A group | ||||||
19 | or individual policy of accident and health insurance or a | ||||||
20 | managed care plan that is amended, delivered, issued, or | ||||||
21 | renewed on or after January 1, 2020 ( the effective date of | ||||||
22 | Public Act 101-281) this amendatory Act of the 101st General | ||||||
23 | Assembly shall provide coverage for medically necessary | ||||||
24 | epinephrine injectors for persons 18 years of age or under. As | ||||||
25 | used in this Section, "epinephrine injector" has the meaning |
| |||||||
| |||||||
1 | given to that term in Section 5 of the Epinephrine Injector | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 101-281, eff. 1-1-20; revised 10-16-19.)
| ||||||
4 | (215 ILCS 5/356z.34) | ||||||
5 | Sec. 356z.34 356z.33 . Coverage for cardiopulmonary | ||||||
6 | monitors. A group or individual policy of accident and health | ||||||
7 | insurance amended, delivered, issued, or renewed after January | ||||||
8 | 1, 2020 ( the effective date of Public Act 101-218) this | ||||||
9 | amendatory Act of the 101st General Assembly shall provide | ||||||
10 | coverage for cardiopulmonary monitors determined to be | ||||||
11 | medically necessary for a person 18 years old or younger who | ||||||
12 | has had a cardiopulmonary event.
| ||||||
13 | (Source: P.A. 101-218, eff. 1-1-20; revised 10-16-19.)
| ||||||
14 | (215 ILCS 5/356z.35) | ||||||
15 | Sec. 356z.35 356z.33 . Long-term antibiotic therapy for | ||||||
16 | tick-borne diseases. | ||||||
17 | (a) As used in this Section: | ||||||
18 | "Long-term antibiotic therapy" means the administration of | ||||||
19 | oral, intramuscular, or intravenous antibiotics singly or in | ||||||
20 | combination for periods of time in excess of 4 weeks. | ||||||
21 | "Tick-borne disease" means a disease caused when an | ||||||
22 | infected tick bites a person and the tick's saliva transmits | ||||||
23 | an infectious agent (bacteria, viruses, or parasites) that can | ||||||
24 | cause illness, including, but not limited to, the following: |
| |||||||
| |||||||
1 | (1) a severe infection with borrelia burgdorferi; | ||||||
2 | (2) a late stage, persistent, or chronic infection or | ||||||
3 | complications related to such an infection; | ||||||
4 | (3) an infection with other strains of borrelia or a | ||||||
5 | tick-borne disease that is recognized by the United States | ||||||
6 | Centers for Disease Control and Prevention; and | ||||||
7 | (4) the presence of signs or symptoms compatible with | ||||||
8 | acute infection of borrelia or other tick-borne diseases. | ||||||
9 | (b) An individual or group policy of accident and health | ||||||
10 | insurance or managed care plan that is amended, delivered, | ||||||
11 | issued, or renewed on or after January 1, 2020 ( the effective | ||||||
12 | date of Public Act 101-371) this amendatory Act of the 101st | ||||||
13 | General Assembly shall provide coverage for long-term | ||||||
14 | antibiotic therapy, including necessary office visits and | ||||||
15 | ongoing testing, for a person with a tick-borne disease when | ||||||
16 | determined to be medically necessary and ordered by a | ||||||
17 | physician licensed to practice medicine in all its branches | ||||||
18 | after making a thorough evaluation of the person's symptoms, | ||||||
19 | diagnostic test results, or response to treatment. An | ||||||
20 | experimental drug shall be covered as a long-term antibiotic | ||||||
21 | therapy if it is approved for an indication by the United | ||||||
22 | States Food and Drug Administration. A drug, including an | ||||||
23 | experimental drug, shall be covered for an off-label use in | ||||||
24 | the treatment of a tick-borne disease if the drug has been | ||||||
25 | approved by the United States Food and Drug Administration.
| ||||||
26 | (Source: P.A. 101-371, eff. 1-1-20; revised 10-16-19.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/356z.36) | ||||||
2 | Sec. 356z.36 356z.33 . Coverage of treatment models for | ||||||
3 | early treatment of serious mental illnesses. | ||||||
4 | (a) For purposes of early treatment of a serious mental | ||||||
5 | illness in a child or young adult under age 26, a group or | ||||||
6 | individual policy of accident and health insurance, or managed | ||||||
7 | care plan, that is amended, delivered, issued, or renewed | ||||||
8 | after December 31, 2020 shall provide coverage of the | ||||||
9 | following bundled, evidence-based treatment: | ||||||
10 | (1) Coordinated specialty care for first episode | ||||||
11 | psychosis treatment, covering the elements of the | ||||||
12 | treatment model included in the most recent national | ||||||
13 | research trials conducted by the National Institute of | ||||||
14 | Mental Health in the Recovery After an Initial | ||||||
15 | Schizophrenia Episode (RAISE) trials for psychosis | ||||||
16 | resulting from a serious mental illness, but excluding the | ||||||
17 | components of the treatment model related to education and | ||||||
18 | employment support. | ||||||
19 | (2) Assertive community treatment (ACT) and community | ||||||
20 | support team (CST) treatment. The elements of ACT and CST | ||||||
21 | to be covered shall include those covered under Article V | ||||||
22 | of the Illinois Public Aid Code, through 89 Ill. Adm. Code | ||||||
23 | 140.453(d)(4). | ||||||
24 | (b) Adherence to the clinical models. For purposes of | ||||||
25 | ensuring adherence to the coordinated specialty care for first |
| |||||||
| |||||||
1 | episode psychosis treatment model, only providers contracted | ||||||
2 | with the Department of Human Services' Division of Mental | ||||||
3 | Health to be FIRST.IL providers to deliver coordinated | ||||||
4 | specialty care for first episode psychosis treatment shall be | ||||||
5 | permitted to provide such treatment in accordance with this | ||||||
6 | Section and such providers must adhere to the fidelity of the | ||||||
7 | treatment model. For purposes of ensuring fidelity to ACT and | ||||||
8 | CST, only providers certified to provide ACT and CST by the | ||||||
9 | Department of Human Services' Division of Mental Health and | ||||||
10 | approved to provide ACT and CST by the Department of | ||||||
11 | Healthcare and Family Services, or its designee, in accordance | ||||||
12 | with 89 Ill. Adm. Code 140, shall be permitted to provide such | ||||||
13 | services under this Section and such providers shall be | ||||||
14 | required to adhere to the fidelity of the models. | ||||||
15 | (c) Development of medical necessity criteria for | ||||||
16 | coverage. Within 6 months after January 1, 2020 ( the effective | ||||||
17 | date of Public Act 101-461) this amendatory Act of the 101st | ||||||
18 | General Assembly , the Department of Insurance shall lead and | ||||||
19 | convene a workgroup that includes the Department of Human | ||||||
20 | Services' Division of Mental Health, the Department of | ||||||
21 | Healthcare and Family Services, providers of the treatment | ||||||
22 | models listed in this Section, and insurers operating in | ||||||
23 | Illinois to develop medical necessity criteria for such | ||||||
24 | treatment models for purposes of coverage under this Section. | ||||||
25 | The workgroup shall use the medical necessity criteria the | ||||||
26 | State and other states use as guidance for establishing |
| |||||||
| |||||||
1 | medical necessity for insurance coverage. The Department of | ||||||
2 | Insurance shall adopt a rule that defines medical necessity | ||||||
3 | for each of the 3 treatment models listed in this Section by no | ||||||
4 | later than June 30, 2020 based on the workgroup's | ||||||
5 | recommendations. | ||||||
6 | (d) For purposes of credentialing the mental health | ||||||
7 | professionals and other medical professionals that are part of | ||||||
8 | a coordinated specialty care for first episode psychosis | ||||||
9 | treatment team, an ACT team, or a CST team, the credentialing | ||||||
10 | of the psychiatrist or the licensed clinical leader of the | ||||||
11 | treatment team shall qualify all members of the treatment team | ||||||
12 | to be credentialed with the insurer. | ||||||
13 | (e) Payment for the services performed under the treatment | ||||||
14 | models listed in this Section shall be based on a bundled | ||||||
15 | treatment model or payment, rather than payment for each | ||||||
16 | separate service delivered by a treatment team member. By no | ||||||
17 | later than 6 months after January 1, 2020 ( the effective date | ||||||
18 | of Public Act 101-461) this amendatory Act of the 101st | ||||||
19 | General Assembly , the Department of Insurance shall convene a | ||||||
20 | workgroup of Illinois insurance companies and Illinois mental | ||||||
21 | health treatment providers that deliver the bundled treatment | ||||||
22 | approaches listed in this Section to determine a coding | ||||||
23 | solution that allows for these bundled treatment models to be | ||||||
24 | coded and paid for as a bundle of services, similar to | ||||||
25 | intensive outpatient treatment where multiple services are | ||||||
26 | covered under one billing code or a bundled set of billing |
| |||||||
| |||||||
1 | codes. The coding solution shall ensure that services | ||||||
2 | delivered using coordinated specialty care for first episode | ||||||
3 | psychosis treatment, ACT, or CST are provided and billed as a | ||||||
4 | bundled service, rather than for each individual service | ||||||
5 | provided by a treatment team member, which would deconstruct | ||||||
6 | the evidence-based practice. The coding solution shall be | ||||||
7 | reached prior to coverage, which shall begin for plans | ||||||
8 | amended, delivered, issued, or renewed after December 31, | ||||||
9 | 2020, to ensure coverage of the treatment team approaches as | ||||||
10 | intended by this Section. | ||||||
11 | (f) If, at any time, the Secretary of the United States | ||||||
12 | Department of Health and Human Services, or its successor | ||||||
13 | agency, adopts rules or regulations to be published in the | ||||||
14 | Federal Register or publishes a comment in the Federal | ||||||
15 | Register or issues an opinion, guidance, or other action that | ||||||
16 | would require the State, under any provision of the Patient | ||||||
17 | Protection and Affordable Care Act (P.L. 111-148), including, | ||||||
18 | but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor | ||||||
19 | provision, to defray the cost of any coverage for serious | ||||||
20 | mental illnesses or serious emotional disturbances outlined in | ||||||
21 | this Section, then the requirement that a group or individual | ||||||
22 | policy of accident and health insurance or managed care plan | ||||||
23 | cover the bundled treatment approaches listed in this Section | ||||||
24 | is inoperative other than any such coverage authorized under | ||||||
25 | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||||||
26 | the State shall not assume any obligation for the cost of the |
| |||||||
| |||||||
1 | coverage. | ||||||
2 | (g) After 5 years following full implementation of this | ||||||
3 | Section, if requested by an insurer, the Department of | ||||||
4 | Insurance shall contract with an independent third party with | ||||||
5 | expertise in analyzing health insurance premiums and costs to | ||||||
6 | perform an independent analysis of the impact coverage of the | ||||||
7 | team-based treatment models listed in this Section has had on | ||||||
8 | insurance premiums in Illinois. If premiums increased by more | ||||||
9 | than 1% annually solely due to coverage of these treatment | ||||||
10 | models, coverage of these models shall no longer be required. | ||||||
11 | (h) The Department of Insurance shall adopt any rules | ||||||
12 | necessary to implement the provisions of this Section by no | ||||||
13 | later than June 30, 2020.
| ||||||
14 | (Source: P.A. 101-461, eff. 1-1-20; revised 10-16-19.)
| ||||||
15 | (215 ILCS 5/356z.37) | ||||||
16 | Sec. 356z.37 356z.33 . Whole body skin examination. An | ||||||
17 | individual or group policy of accident and health insurance | ||||||
18 | shall cover, without imposing a deductible, coinsurance, | ||||||
19 | copayment, or any other cost-sharing requirement upon the | ||||||
20 | insured patient, one annual office visit, using appropriate | ||||||
21 | routine evaluation and management Current Procedural | ||||||
22 | Terminology codes or any successor codes, for a whole body | ||||||
23 | skin examination for lesions suspicious for skin cancer. The | ||||||
24 | whole body skin examination shall be indicated using an | ||||||
25 | appropriate International Statistical Classification of |
| |||||||
| |||||||
1 | Diseases and Related Health Problems code or any successor | ||||||
2 | codes. The provisions of this Section do not apply to the | ||||||
3 | extent such coverage would disqualify a high-deductible health | ||||||
4 | plan from eligibility for a health savings account pursuant to | ||||||
5 | 26 U.S.C. 223.
| ||||||
6 | (Source: P.A. 101-500, eff. 1-1-20; revised 10-16-19.)
| ||||||
7 | (215 ILCS 5/356z.38) | ||||||
8 | Sec. 356z.38 356z.33 . Human breast milk coverage. | ||||||
9 | (a) Notwithstanding any other provision of this Act, | ||||||
10 | pasteurized donated human breast milk, which may include human | ||||||
11 | milk fortifiers if indicated by a prescribing licensed medical | ||||||
12 | practitioner, shall be covered under an individual or group | ||||||
13 | health insurance for persons who are otherwise eligible for | ||||||
14 | coverage under this Act if the covered person is an infant | ||||||
15 | under the age of 6 months, a licensed medical practitioner | ||||||
16 | prescribes the milk for the covered person, and all of the | ||||||
17 | following conditions are met: | ||||||
18 | (1) the milk is obtained from a human milk bank that | ||||||
19 | meets quality guidelines established by the Human Milk | ||||||
20 | Banking Association of North America or is licensed by the | ||||||
21 | Department of Public Health; | ||||||
22 | (2) the infant's mother is medically or physically | ||||||
23 | unable to produce maternal breast milk or produce maternal | ||||||
24 | breast milk in sufficient quantities to meet the infant's | ||||||
25 | needs or the maternal breast milk is contraindicated; |
| |||||||
| |||||||
1 | (3) the milk has been determined to be medically | ||||||
2 | necessary for the infant; and | ||||||
3 | (4) one or more of the following applies: | ||||||
4 | (A) the infant's birth weight is below 1,500 | ||||||
5 | grams; | ||||||
6 | (B) the infant has a congenital or acquired | ||||||
7 | condition that places the infant at a high risk for | ||||||
8 | development of necrotizing enterocolitis; | ||||||
9 | (C) the infant has infant hypoglycemia; | ||||||
10 | (D) the infant has congenital heart disease; | ||||||
11 | (E) the infant has had or will have an organ | ||||||
12 | transplant; | ||||||
13 | (F) the infant has sepsis; or | ||||||
14 | (G) the infant has any other serious congenital or | ||||||
15 | acquired condition for which the use of donated human | ||||||
16 | breast milk is medically necessary and supports the | ||||||
17 | treatment and recovery of the infant. | ||||||
18 | (b) Notwithstanding any other provision of this Act, | ||||||
19 | pasteurized donated human breast milk, which may include human | ||||||
20 | milk fortifiers if indicated by a prescribing licensed medical | ||||||
21 | practitioner, shall be covered under an individual or group | ||||||
22 | health insurance for persons who are otherwise eligible for | ||||||
23 | coverage under this Act if the covered person is a child 6 | ||||||
24 | months through 12 months of age, a licensed medical | ||||||
25 | practitioner prescribes the milk for the covered person, and | ||||||
26 | all of the following conditions are met: |
| |||||||
| |||||||
1 | (1) the milk is obtained from a human milk bank that | ||||||
2 | meets quality guidelines established by the Human Milk | ||||||
3 | Banking Association of North America or is licensed by the | ||||||
4 | Department of Public Health; | ||||||
5 | (2) the child's mother is medically or physically | ||||||
6 | unable to produce maternal breast milk or produce maternal | ||||||
7 | breast milk in sufficient quantities to meet the child's | ||||||
8 | needs or the maternal breast milk is contraindicated; | ||||||
9 | (3) the milk has been determined to be medically | ||||||
10 | necessary for the child; and | ||||||
11 | (4) one or more of the following applies: | ||||||
12 | (A) the child has spinal muscular atrophy; | ||||||
13 | (B) the child's birth weight was below 1,500 grams | ||||||
14 | and he or she has long-term feeding or | ||||||
15 | gastrointestinal complications related to prematurity; | ||||||
16 | (C) the child has had or will have an organ | ||||||
17 | transplant; or | ||||||
18 | (D) the child has a congenital or acquired | ||||||
19 | condition for which the use of donated human breast | ||||||
20 | milk is medically necessary and supports the treatment | ||||||
21 | and recovery of the child.
| ||||||
22 | (Source: P.A. 101-511, eff. 1-1-20; revised 10-16-19.)
| ||||||
23 | (215 ILCS 5/356z.39) | ||||||
24 | Sec. 356z.39 356z.33 . Coverage of the psychiatric | ||||||
25 | Collaborative Care Model. |
| |||||||
| |||||||
1 | (a) As used in this Section, "psychiatric Collaborative | ||||||
2 | Care Model" means the evidence-based, integrated behavioral | ||||||
3 | health service delivery method, which includes a formal | ||||||
4 | collaborative arrangement among a primary care team consisting | ||||||
5 | of a primary care provider, a care manager, and a psychiatric | ||||||
6 | consultant, and includes, but is not limited to, the following | ||||||
7 | elements: | ||||||
8 | (1) care directed by the primary care team; | ||||||
9 | (2) structured care management; | ||||||
10 | (3) regular assessments of clinical status using | ||||||
11 | validated tools; and | ||||||
12 | (4) modification of treatment as appropriate. | ||||||
13 | (b) An individual or group policy of accident and health | ||||||
14 | insurance amended, delivered, issued, or renewed on or after | ||||||
15 | January 1, 2020 ( the effective date of Public Act 101-574) | ||||||
16 | this amendatory Act of the 101st General Assembly or managed | ||||||
17 | care organization that provides mental health benefits shall | ||||||
18 | provide reimbursement for benefits that are delivered through | ||||||
19 | the psychiatric Collaborative Care Model. The following | ||||||
20 | American Medical Association 2018 current procedural | ||||||
21 | terminology codes and Healthcare Common Procedure Coding | ||||||
22 | System code shall be used to bill for benefits delivered | ||||||
23 | through the psychiatric Collaborative Care Model: | ||||||
24 | (1) 99492; | ||||||
25 | (2) 99493; | ||||||
26 | (3) 99494; and |
| |||||||
| |||||||
1 | (4) G0512. | ||||||
2 | (c) The Director of Insurance shall update the billing | ||||||
3 | codes in subsection (b) if there are any alterations or | ||||||
4 | additions to the billing codes for the psychiatric | ||||||
5 | Collaborative Care Model. | ||||||
6 | (d) An individual or group policy or managed care | ||||||
7 | organization that provides benefits under this Section may | ||||||
8 | deny reimbursement of any billing code listed in this Section | ||||||
9 | on the grounds of medical necessity if such medical necessity | ||||||
10 | determinations are in compliance with the Paul Wellstone and | ||||||
11 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
12 | 2008 and its implementing and related regulations and that | ||||||
13 | such determinations are made in accordance with the | ||||||
14 | utilization review requirements under Section 85 of the | ||||||
15 | Managed Care Reform and Patient Rights Act.
| ||||||
16 | (Source: P.A. 101-574, eff. 1-1-20; revised 10-16-19.)
| ||||||
17 | (215 ILCS 5/368g) | ||||||
18 | Sec. 368g. Time-based billing. | ||||||
19 | (a) As used in this Section, "CPT code" means the medical | ||||||
20 | billing code set contained in the most recent version of the | ||||||
21 | Current Procedural Terminology code book published by the | ||||||
22 | American Medical Association. | ||||||
23 | (b) A health care plan requiring a health care provider to | ||||||
24 | use a time-based CPT code to bill for health care services | ||||||
25 | shall not apply a time measurement standard that results in |
| |||||||
| |||||||
1 | fewer units billed than allowed by the CPT code book, except as | ||||||
2 | required by federal law for federally funded federally-funded | ||||||
3 | patients.
| ||||||
4 | (Source: P.A. 101-119, eff. 7-22-19; revised 9-26-19.)
| ||||||
5 | (215 ILCS 5/370c) (from Ch. 73, par. 982c)
| ||||||
6 | Sec. 370c. Mental and emotional disorders.
| ||||||
7 | (a)(1) On and after August 16, 2019 January 1, 2019 (the | ||||||
8 | effective date of Public Act 101-386 this amendatory Act of | ||||||
9 | the 101st General Assembly Public Act 100-1024 ),
every insurer | ||||||
10 | that amends, delivers, issues, or renews
group accident and | ||||||
11 | health policies providing coverage for hospital or medical | ||||||
12 | treatment or
services for illness on an expense-incurred basis | ||||||
13 | shall provide coverage for reasonable and necessary treatment | ||||||
14 | and services
for mental, emotional, nervous, or substance use | ||||||
15 | disorders or conditions consistent with the parity | ||||||
16 | requirements of Section 370c.1 of this Code.
| ||||||
17 | (2) Each insured that is covered for mental, emotional, | ||||||
18 | nervous, or substance use
disorders or conditions shall be | ||||||
19 | free to select the physician licensed to
practice medicine in | ||||||
20 | all its branches, licensed clinical psychologist,
licensed | ||||||
21 | clinical social worker, licensed clinical professional | ||||||
22 | counselor, licensed marriage and family therapist, licensed | ||||||
23 | speech-language pathologist, or other licensed or certified | ||||||
24 | professional at a program licensed pursuant to the Substance | ||||||
25 | Use Disorder Act of
his choice to treat such disorders, and
the |
| |||||||
| |||||||
1 | insurer shall pay the covered charges of such physician | ||||||
2 | licensed to
practice medicine in all its branches, licensed | ||||||
3 | clinical psychologist,
licensed clinical social worker, | ||||||
4 | licensed clinical professional counselor, licensed marriage | ||||||
5 | and family therapist, licensed speech-language pathologist, or | ||||||
6 | other licensed or certified professional at a program licensed | ||||||
7 | pursuant to the Substance Use Disorder Act up
to the limits of | ||||||
8 | coverage, provided (i)
the disorder or condition treated is | ||||||
9 | covered by the policy, and (ii) the
physician, licensed | ||||||
10 | psychologist, licensed clinical social worker, licensed
| ||||||
11 | clinical professional counselor, licensed marriage and family | ||||||
12 | therapist, licensed speech-language pathologist, or other | ||||||
13 | licensed or certified professional at a program licensed | ||||||
14 | pursuant to the Substance Use Disorder Act is
authorized to | ||||||
15 | provide said services under the statutes of this State and in
| ||||||
16 | accordance with accepted principles of his profession.
| ||||||
17 | (3) Insofar as this Section applies solely to licensed | ||||||
18 | clinical social
workers, licensed clinical professional | ||||||
19 | counselors, licensed marriage and family therapists, licensed | ||||||
20 | speech-language pathologists, and other licensed or certified | ||||||
21 | professionals at programs licensed pursuant to the Substance | ||||||
22 | Use Disorder Act, those persons who may
provide services to | ||||||
23 | individuals shall do so
after the licensed clinical social | ||||||
24 | worker, licensed clinical professional
counselor, licensed | ||||||
25 | marriage and family therapist, licensed speech-language | ||||||
26 | pathologist, or other licensed or certified professional at a |
| |||||||
| |||||||
1 | program licensed pursuant to the Substance Use Disorder Act | ||||||
2 | has informed the patient of the
desirability of the patient | ||||||
3 | conferring with the patient's primary care
physician.
| ||||||
4 | (4) "Mental, emotional, nervous, or substance use disorder | ||||||
5 | or condition" means a condition or disorder that involves a | ||||||
6 | mental health condition or substance use disorder that falls | ||||||
7 | under any of the diagnostic categories listed in the mental | ||||||
8 | and behavioral disorders chapter of the current edition of the | ||||||
9 | International Classification of Disease or that is listed in | ||||||
10 | the most recent version of the Diagnostic and Statistical | ||||||
11 | Manual of Mental Disorders. "Mental, emotional, nervous, or | ||||||
12 | substance use disorder or condition" includes any mental | ||||||
13 | health condition that occurs during pregnancy or during the | ||||||
14 | postpartum period and includes, but is not limited to, | ||||||
15 | postpartum depression. | ||||||
16 | (b)(1) (Blank).
| ||||||
17 | (2) (Blank).
| ||||||
18 | (2.5) (Blank). | ||||||
19 | (3) Unless otherwise prohibited by federal law and | ||||||
20 | consistent with the parity requirements of Section 370c.1 of | ||||||
21 | this Code, the reimbursing insurer that amends, delivers, | ||||||
22 | issues, or renews a group or individual policy of accident and | ||||||
23 | health insurance, a qualified health plan offered through the | ||||||
24 | health insurance marketplace, or a provider of treatment of | ||||||
25 | mental, emotional, nervous,
or substance use disorders or | ||||||
26 | conditions shall furnish medical records or other necessary |
| |||||||
| |||||||
1 | data
that substantiate that initial or continued treatment is | ||||||
2 | at all times medically
necessary. An insurer shall provide a | ||||||
3 | mechanism for the timely review by a
provider holding the same | ||||||
4 | license and practicing in the same specialty as the
patient's | ||||||
5 | provider, who is unaffiliated with the insurer, jointly | ||||||
6 | selected by
the patient (or the patient's next of kin or legal | ||||||
7 | representative if the
patient is unable to act for himself or | ||||||
8 | herself), the patient's provider, and
the insurer in the event | ||||||
9 | of a dispute between the insurer and patient's
provider | ||||||
10 | regarding the medical necessity of a treatment proposed by a | ||||||
11 | patient's
provider. If the reviewing provider determines the | ||||||
12 | treatment to be medically
necessary, the insurer shall provide | ||||||
13 | reimbursement for the treatment. Future
contractual or | ||||||
14 | employment actions by the insurer regarding the patient's
| ||||||
15 | provider may not be based on the provider's participation in | ||||||
16 | this procedure.
Nothing prevents
the insured from agreeing in | ||||||
17 | writing to continue treatment at his or her
expense. When | ||||||
18 | making a determination of the medical necessity for a | ||||||
19 | treatment
modality for mental, emotional, nervous, or | ||||||
20 | substance use disorders or conditions, an insurer must make | ||||||
21 | the determination in a
manner that is consistent with the | ||||||
22 | manner used to make that determination with
respect to other | ||||||
23 | diseases or illnesses covered under the policy, including an
| ||||||
24 | appeals process. Medical necessity determinations for | ||||||
25 | substance use disorders shall be made in accordance with | ||||||
26 | appropriate patient placement criteria established by the |
| |||||||
| |||||||
1 | American Society of Addiction Medicine. No additional criteria | ||||||
2 | may be used to make medical necessity determinations for | ||||||
3 | substance use disorders.
| ||||||
4 | (4) A group health benefit plan amended, delivered, | ||||||
5 | issued, or renewed on or after January 1, 2019 (the effective | ||||||
6 | date of Public Act 100-1024) or an individual policy of | ||||||
7 | accident and health insurance or a qualified health plan | ||||||
8 | offered through the health insurance marketplace amended, | ||||||
9 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
10 | effective date of Public Act 100-1024):
| ||||||
11 | (A) shall provide coverage based upon medical | ||||||
12 | necessity for the
treatment of a mental, emotional, | ||||||
13 | nervous, or substance use disorder or condition consistent | ||||||
14 | with the parity requirements of Section 370c.1 of this | ||||||
15 | Code; provided, however, that in each calendar year | ||||||
16 | coverage shall not be less than the following:
| ||||||
17 | (i) 45 days of inpatient treatment; and
| ||||||
18 | (ii) beginning on June 26, 2006 (the effective | ||||||
19 | date of Public Act 94-921), 60 visits for outpatient | ||||||
20 | treatment including group and individual
outpatient | ||||||
21 | treatment; and | ||||||
22 | (iii) for plans or policies delivered, issued for | ||||||
23 | delivery, renewed, or modified after January 1, 2007 | ||||||
24 | (the effective date of Public Act 94-906),
20 | ||||||
25 | additional outpatient visits for speech therapy for | ||||||
26 | treatment of pervasive developmental disorders that |
| |||||||
| |||||||
1 | will be in addition to speech therapy provided | ||||||
2 | pursuant to item (ii) of this subparagraph (A); and
| ||||||
3 | (B) may not include a lifetime limit on the number of | ||||||
4 | days of inpatient
treatment or the number of outpatient | ||||||
5 | visits covered under the plan.
| ||||||
6 | (C) (Blank).
| ||||||
7 | (5) An issuer of a group health benefit plan or an | ||||||
8 | individual policy of accident and health insurance or a | ||||||
9 | qualified health plan offered through the health insurance | ||||||
10 | marketplace may not count toward the number
of outpatient | ||||||
11 | visits required to be covered under this Section an outpatient
| ||||||
12 | visit for the purpose of medication management and shall cover | ||||||
13 | the outpatient
visits under the same terms and conditions as | ||||||
14 | it covers outpatient visits for
the treatment of physical | ||||||
15 | illness.
| ||||||
16 | (5.5) An individual or group health benefit plan amended, | ||||||
17 | delivered, issued, or renewed on or after September 9, 2015 | ||||||
18 | (the effective date of Public Act 99-480) shall offer coverage | ||||||
19 | for medically necessary acute treatment services and medically | ||||||
20 | necessary clinical stabilization services. The treating | ||||||
21 | provider shall base all treatment recommendations and the | ||||||
22 | health benefit plan shall base all medical necessity | ||||||
23 | determinations for substance use disorders in accordance with | ||||||
24 | the most current edition of the Treatment Criteria for | ||||||
25 | Addictive, Substance-Related, and Co-Occurring Conditions | ||||||
26 | established by the American Society of Addiction Medicine. The |
| |||||||
| |||||||
1 | treating provider shall base all treatment recommendations and | ||||||
2 | the health benefit plan shall base all medical necessity | ||||||
3 | determinations for medication-assisted treatment in accordance | ||||||
4 | with the most current Treatment Criteria for Addictive, | ||||||
5 | Substance-Related, and Co-Occurring Conditions established by | ||||||
6 | the American Society of Addiction Medicine. | ||||||
7 | As used in this subsection: | ||||||
8 | "Acute treatment services" means 24-hour medically | ||||||
9 | supervised addiction treatment that provides evaluation and | ||||||
10 | withdrawal management and may include biopsychosocial | ||||||
11 | assessment, individual and group counseling, psychoeducational | ||||||
12 | groups, and discharge planning. | ||||||
13 | "Clinical stabilization services" means 24-hour treatment, | ||||||
14 | usually following acute treatment services for substance | ||||||
15 | abuse, which may include intensive education and counseling | ||||||
16 | regarding the nature of addiction and its consequences, | ||||||
17 | relapse prevention, outreach to families and significant | ||||||
18 | others, and aftercare planning for individuals beginning to | ||||||
19 | engage in recovery from addiction. | ||||||
20 | (6) An issuer of a group health benefit
plan may provide or | ||||||
21 | offer coverage required under this Section through a
managed | ||||||
22 | care plan.
| ||||||
23 | (6.5) An individual or group health benefit plan amended, | ||||||
24 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
25 | effective date of Public Act 100-1024): | ||||||
26 | (A) shall not impose prior authorization requirements, |
| |||||||
| |||||||
1 | other than those established under the Treatment Criteria | ||||||
2 | for Addictive, Substance-Related, and Co-Occurring | ||||||
3 | Conditions established by the American Society of | ||||||
4 | Addiction Medicine, on a prescription medication approved | ||||||
5 | by the United States Food and Drug Administration that is | ||||||
6 | prescribed or administered for the treatment of substance | ||||||
7 | use disorders; | ||||||
8 | (B) shall not impose any step therapy requirements, | ||||||
9 | other than those established under the Treatment Criteria | ||||||
10 | for Addictive, Substance-Related, and Co-Occurring | ||||||
11 | Conditions established by the American Society of | ||||||
12 | Addiction Medicine, before authorizing coverage for a | ||||||
13 | prescription medication approved by the United States Food | ||||||
14 | and Drug Administration that is prescribed or administered | ||||||
15 | for the treatment of substance use disorders; | ||||||
16 | (C) shall place all prescription medications approved | ||||||
17 | by the United States Food and Drug Administration | ||||||
18 | prescribed or administered for the treatment of substance | ||||||
19 | use disorders on, for brand medications, the lowest tier | ||||||
20 | of the drug formulary developed and maintained by the | ||||||
21 | individual or group health benefit plan that covers brand | ||||||
22 | medications and, for generic medications, the lowest tier | ||||||
23 | of the drug formulary developed and maintained by the | ||||||
24 | individual or group health benefit plan that covers | ||||||
25 | generic medications; and | ||||||
26 | (D) shall not exclude coverage for a prescription |
| |||||||
| |||||||
1 | medication approved by the United States Food and Drug | ||||||
2 | Administration for the treatment of substance use | ||||||
3 | disorders and any associated counseling or wraparound | ||||||
4 | services on the grounds that such medications and services | ||||||
5 | were court ordered. | ||||||
6 | (7) (Blank).
| ||||||
7 | (8)
(Blank).
| ||||||
8 | (9) With respect to all mental, emotional, nervous, or | ||||||
9 | substance use disorders or conditions, coverage for inpatient | ||||||
10 | treatment shall include coverage for treatment in a | ||||||
11 | residential treatment center certified or licensed by the | ||||||
12 | Department of Public Health or the Department of Human | ||||||
13 | Services. | ||||||
14 | (c) This Section shall not be interpreted to require | ||||||
15 | coverage for speech therapy or other habilitative services for | ||||||
16 | those individuals covered under Section 356z.15
of this Code. | ||||||
17 | (d) With respect to a group or individual policy of | ||||||
18 | accident and health insurance or a qualified health plan | ||||||
19 | offered through the health insurance marketplace, the | ||||||
20 | Department and, with respect to medical assistance, the | ||||||
21 | Department of Healthcare and Family Services shall each | ||||||
22 | enforce the requirements of this Section and Sections 356z.23 | ||||||
23 | and 370c.1 of this Code, the Paul Wellstone and Pete Domenici | ||||||
24 | Mental Health Parity and Addiction Equity Act of 2008, 42 | ||||||
25 | U.S.C. 18031(j), and any amendments to, and federal guidance | ||||||
26 | or regulations issued under, those Acts, including, but not |
| |||||||
| |||||||
1 | limited to, final regulations issued under the Paul Wellstone | ||||||
2 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
3 | Act of 2008 and final regulations applying the Paul Wellstone | ||||||
4 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
5 | Act of 2008 to Medicaid managed care organizations, the | ||||||
6 | Children's Health Insurance Program, and alternative benefit | ||||||
7 | plans. Specifically, the Department and the Department of | ||||||
8 | Healthcare and Family Services shall take action: | ||||||
9 | (1) proactively ensuring compliance by individual and | ||||||
10 | group policies, including by requiring that insurers | ||||||
11 | submit comparative analyses, as set forth in paragraph (6) | ||||||
12 | of subsection (k) of Section 370c.1, demonstrating how | ||||||
13 | they design and apply nonquantitative treatment | ||||||
14 | limitations, both as written and in operation, for mental, | ||||||
15 | emotional, nervous, or substance use disorder or condition | ||||||
16 | benefits as compared to how they design and apply | ||||||
17 | nonquantitative treatment limitations, as written and in | ||||||
18 | operation, for medical and surgical benefits; | ||||||
19 | (2) evaluating all consumer or provider complaints | ||||||
20 | regarding mental, emotional, nervous, or substance use | ||||||
21 | disorder or condition coverage for possible parity | ||||||
22 | violations; | ||||||
23 | (3) performing parity compliance market conduct | ||||||
24 | examinations or, in the case of the Department of | ||||||
25 | Healthcare and Family Services, parity compliance audits | ||||||
26 | of individual and group plans and policies, including, but |
| |||||||
| |||||||
1 | not limited to, reviews of: | ||||||
2 | (A) nonquantitative treatment limitations, | ||||||
3 | including, but not limited to, prior authorization | ||||||
4 | requirements, concurrent review, retrospective review, | ||||||
5 | step therapy, network admission standards, | ||||||
6 | reimbursement rates, and geographic restrictions; | ||||||
7 | (B) denials of authorization, payment, and | ||||||
8 | coverage; and | ||||||
9 | (C) other specific criteria as may be determined | ||||||
10 | by the Department. | ||||||
11 | The findings and the conclusions of the parity compliance | ||||||
12 | market conduct examinations and audits shall be made public. | ||||||
13 | The Director may adopt rules to effectuate any provisions | ||||||
14 | of the Paul Wellstone and Pete Domenici Mental Health Parity | ||||||
15 | and Addiction Equity Act of 2008 that relate to the business of | ||||||
16 | insurance. | ||||||
17 | (e) Availability of plan information. | ||||||
18 | (1) The criteria for medical necessity determinations | ||||||
19 | made under a group health plan, an individual policy of | ||||||
20 | accident and health insurance, or a qualified health plan | ||||||
21 | offered through the health insurance marketplace with | ||||||
22 | respect to mental health or substance use disorder | ||||||
23 | benefits (or health insurance coverage offered in | ||||||
24 | connection with the plan with respect to such benefits) | ||||||
25 | must be made available by the plan administrator (or the | ||||||
26 | health insurance issuer offering such coverage) to any |
| |||||||
| |||||||
1 | current or potential participant, beneficiary, or | ||||||
2 | contracting provider upon request. | ||||||
3 | (2) The reason for any denial under a group health | ||||||
4 | benefit plan, an individual policy of accident and health | ||||||
5 | insurance, or a qualified health plan offered through the | ||||||
6 | health insurance marketplace (or health insurance coverage | ||||||
7 | offered in connection with such plan or policy) of | ||||||
8 | reimbursement or payment for services with respect to | ||||||
9 | mental, emotional, nervous, or substance use disorders or | ||||||
10 | conditions benefits in the case of any participant or | ||||||
11 | beneficiary must be made available within a reasonable | ||||||
12 | time and in a reasonable manner and in readily | ||||||
13 | understandable language by the plan administrator (or the | ||||||
14 | health insurance issuer offering such coverage) to the | ||||||
15 | participant or beneficiary upon request. | ||||||
16 | (f) As used in this Section, "group policy of accident and | ||||||
17 | health insurance" and "group health benefit plan" includes (1) | ||||||
18 | State-regulated employer-sponsored group health insurance | ||||||
19 | plans written in Illinois or which purport to provide coverage | ||||||
20 | for a resident of this State; and (2) State employee health | ||||||
21 | plans. | ||||||
22 | (g) (1) As used in this subsection: | ||||||
23 | "Benefits", with respect to insurers, means
the benefits | ||||||
24 | provided for treatment services for inpatient and outpatient | ||||||
25 | treatment of substance use disorders or conditions at American | ||||||
26 | Society of Addiction Medicine levels of treatment 2.1 |
| |||||||
| |||||||
1 | (Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1 | ||||||
2 | (Clinically Managed Low-Intensity Residential), 3.3 | ||||||
3 | (Clinically Managed Population-Specific High-Intensity | ||||||
4 | Residential), 3.5 (Clinically Managed High-Intensity | ||||||
5 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
6 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
7 | "Benefits", with respect to managed care organizations, | ||||||
8 | means the benefits provided for treatment services for | ||||||
9 | inpatient and outpatient treatment of substance use disorders | ||||||
10 | or conditions at American Society of Addiction Medicine levels | ||||||
11 | of treatment 2.1 (Intensive Outpatient), 2.5 (Partial | ||||||
12 | Hospitalization), 3.5 (Clinically Managed High-Intensity | ||||||
13 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
14 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
15 | "Substance use disorder treatment provider or facility" | ||||||
16 | means a licensed physician, licensed psychologist, licensed | ||||||
17 | psychiatrist, licensed advanced practice registered nurse, or | ||||||
18 | licensed, certified, or otherwise State-approved facility or | ||||||
19 | provider of substance use disorder treatment. | ||||||
20 | (2) A group health insurance policy, an individual health | ||||||
21 | benefit plan, or qualified health plan that is offered through | ||||||
22 | the health insurance marketplace, small employer group health | ||||||
23 | plan, and large employer group health plan that is amended, | ||||||
24 | delivered, issued, executed, or renewed in this State, or | ||||||
25 | approved for issuance or renewal in this State, on or after | ||||||
26 | January 1, 2019 (the effective date of Public Act 100-1023) |
| |||||||
| |||||||
1 | shall comply with the requirements of this Section and Section | ||||||
2 | 370c.1. The services for the treatment and the ongoing | ||||||
3 | assessment of the patient's progress in treatment shall follow | ||||||
4 | the requirements of 77 Ill. Adm. Code 2060. | ||||||
5 | (3) Prior authorization shall not be utilized for the | ||||||
6 | benefits under this subsection. The substance use disorder | ||||||
7 | treatment provider or facility shall notify the insurer of the | ||||||
8 | initiation of treatment. For an insurer that is not a managed | ||||||
9 | care organization, the substance use disorder treatment | ||||||
10 | provider or facility notification shall occur for the | ||||||
11 | initiation of treatment of the covered person within 2 | ||||||
12 | business days. For managed care organizations, the substance | ||||||
13 | use disorder treatment provider or facility notification shall | ||||||
14 | occur in accordance with the protocol set forth in the | ||||||
15 | provider agreement for initiation of treatment within 24 | ||||||
16 | hours. If the managed care organization is not capable of | ||||||
17 | accepting the notification in accordance with the contractual | ||||||
18 | protocol during the 24-hour period following admission, the | ||||||
19 | substance use disorder treatment provider or facility shall | ||||||
20 | have one additional business day to provide the notification | ||||||
21 | to the appropriate managed care organization. Treatment plans | ||||||
22 | shall be developed in accordance with the requirements and | ||||||
23 | timeframes established in 77 Ill. Adm. Code 2060. If the | ||||||
24 | substance use disorder treatment provider or facility fails to | ||||||
25 | notify the insurer of the initiation of treatment in | ||||||
26 | accordance with these provisions, the insurer may follow its |
| |||||||
| |||||||
1 | normal prior authorization processes. | ||||||
2 | (4) For an insurer that is not a managed care | ||||||
3 | organization, if an insurer determines that benefits are no | ||||||
4 | longer medically necessary, the insurer shall notify the | ||||||
5 | covered person, the covered person's authorized | ||||||
6 | representative, if any, and the covered person's health care | ||||||
7 | provider in writing of the covered person's right to request | ||||||
8 | an external review pursuant to the Health Carrier External | ||||||
9 | Review Act. The notification shall occur within 24 hours | ||||||
10 | following the adverse determination. | ||||||
11 | Pursuant to the requirements of the Health Carrier | ||||||
12 | External Review Act, the covered person or the covered | ||||||
13 | person's authorized representative may request an expedited | ||||||
14 | external review.
An expedited external review may not occur if | ||||||
15 | the substance use disorder treatment provider or facility | ||||||
16 | determines that continued treatment is no longer medically | ||||||
17 | necessary. Under this subsection, a request for expedited | ||||||
18 | external review must be initiated within 24 hours following | ||||||
19 | the adverse determination notification by the insurer. Failure | ||||||
20 | to request an expedited external review within 24 hours shall | ||||||
21 | preclude a covered person or a covered person's authorized | ||||||
22 | representative from requesting an expedited external review. | ||||||
23 | If an expedited external review request meets the criteria | ||||||
24 | of the Health Carrier External Review Act, an independent | ||||||
25 | review organization shall make a final determination of | ||||||
26 | medical necessity within 72 hours. If an independent review |
| |||||||
| |||||||
1 | organization upholds an adverse determination, an insurer | ||||||
2 | shall remain responsible to provide coverage of benefits | ||||||
3 | through the day following the determination of the independent | ||||||
4 | review organization. A decision to reverse an adverse | ||||||
5 | determination shall comply with the Health Carrier External | ||||||
6 | Review Act. | ||||||
7 | (5) The substance use disorder treatment provider or | ||||||
8 | facility shall provide the insurer with 7 business days' | ||||||
9 | advance notice of the planned discharge of the patient from | ||||||
10 | the substance use disorder treatment provider or facility and | ||||||
11 | notice on the day that the patient is discharged from the | ||||||
12 | substance use disorder treatment provider or facility. | ||||||
13 | (6) The benefits required by this subsection shall be | ||||||
14 | provided to all covered persons with a diagnosis of substance | ||||||
15 | use disorder or conditions. The presence of additional related | ||||||
16 | or unrelated diagnoses shall not be a basis to reduce or deny | ||||||
17 | the benefits required by this subsection. | ||||||
18 | (7) Nothing in this subsection shall be construed to | ||||||
19 | require an insurer to provide coverage for any of the benefits | ||||||
20 | in this subsection. | ||||||
21 | (Source: P.A. 100-305, eff. 8-24-17; 100-1023, eff. 1-1-19; | ||||||
22 | 100-1024, eff. 1-1-19; 101-81, eff. 7-12-19; 101-386, eff. | ||||||
23 | 8-16-19; revised 9-20-19.)
| ||||||
24 | (215 ILCS 5/534.3) (from Ch. 73, par. 1065.84-3)
| ||||||
25 | Sec. 534.3. Covered claim; unearned premium defined.
|
| |||||||
| |||||||
1 | (a) "Covered claim" means an unpaid claim for a loss
| ||||||
2 | arising out of and within the
coverage of an insurance policy | ||||||
3 | to which this Article applies and which
is in force at the time | ||||||
4 | of the occurrence giving rise to the unpaid
claim, including | ||||||
5 | claims presented during any extended discovery period
which | ||||||
6 | was purchased from the company before the entry of a | ||||||
7 | liquidation
order or which is purchased or obtained from the | ||||||
8 | liquidator after the entry
of a liquidation order, made by a | ||||||
9 | person insured under such policy or by a
person
suffering | ||||||
10 | injury or damage for which a person insured under such policy
| ||||||
11 | is legally liable, and for unearned premium, if:
| ||||||
12 | (i) The company issuing, assuming, or being allocated | ||||||
13 | the policy becomes an insolvent
company as defined in | ||||||
14 | Section 534.4
after the effective date of this Article; | ||||||
15 | and
| ||||||
16 | (ii) The claimant or insured is a resident of this | ||||||
17 | State at the time
of the insured occurrence, or the | ||||||
18 | property from which a first party
claim for damage to | ||||||
19 | property arises is
permanently located in this State or, | ||||||
20 | in the case of an unearned premium
claim, the policyholder | ||||||
21 | is a resident of this State at the time the policy
was | ||||||
22 | issued; provided, that for entities other than an | ||||||
23 | individual, the
residence of a claimant, insured, or | ||||||
24 | policyholder is the state
in which its principal
place of | ||||||
25 | business is located at the time of the insured event.
| ||||||
26 | (b) "Covered claim" does not include:
|
| |||||||
| |||||||
1 | (i) any amount in excess of the applicable limits of | ||||||
2 | liability
provided by an insurance policy to which this | ||||||
3 | Article applies; nor
| ||||||
4 | (ii) any claim for punitive or exemplary damages or | ||||||
5 | fines and penalties paid to government authorities; nor
| ||||||
6 | (iii) any first party claim by an insured who is an | ||||||
7 | affiliate of the
insolvent company; nor
| ||||||
8 | (iv) any first party or third party claim by or | ||||||
9 | against an insured
whose net worth on December 31
of the | ||||||
10 | year next preceding the date the insurer becomes an | ||||||
11 | insolvent
insurer exceeds $25,000,000; provided that an | ||||||
12 | insured's net
worth on such
date shall be deemed to | ||||||
13 | include the aggregate net worth of the insured and
all of | ||||||
14 | its affiliates as calculated on a consolidated basis. | ||||||
15 | However, this
exclusion shall not apply to third party | ||||||
16 | claims against the insured where the
insured has applied | ||||||
17 | for or consented to the appointment of a receiver, | ||||||
18 | trustee,
or liquidator for all or a substantial part of | ||||||
19 | its assets, filed a voluntary
petition in bankruptcy, | ||||||
20 | filed a petition or an answer seeking a reorganization
or | ||||||
21 | arrangement with creditors or to take advantage of any | ||||||
22 | insolvency law, or
if an order, judgment, or decree is | ||||||
23 | entered by a court of competent
jurisdiction, on the | ||||||
24 | application of a creditor, adjudicating the insured
| ||||||
25 | bankrupt or insolvent or approving a petition seeking | ||||||
26 | reorganization of the
insured or of all or substantial |
| |||||||
| |||||||
1 | part of its assets; nor
| ||||||
2 | (v) any claim for any amount due any reinsurer, | ||||||
3 | insurer,
insurance pool, or underwriting association as | ||||||
4 | subrogated
recoveries, reinsurance recoverables, | ||||||
5 | contribution, indemnification or
otherwise. No such claim | ||||||
6 | held by a reinsurer,
insurer, insurance pool, or | ||||||
7 | underwriting association may be asserted in any
legal | ||||||
8 | action
against a person insured under a policy issued by | ||||||
9 | an insolvent
company other than to the extent such claim | ||||||
10 | exceeds the Fund
obligation limitations set forth in | ||||||
11 | Section 537.2 of this Code.
| ||||||
12 | (c) "Unearned Premium" means the premium for the unexpired | ||||||
13 | period of a
policy which has been terminated prior to the | ||||||
14 | expiration of the period for
which premium has been paid and | ||||||
15 | does not mean premium which is returnable
to the insured for | ||||||
16 | any other reason.
| ||||||
17 | (Source: P.A. 100-1190, eff. 4-5-19; 101-60, eff. 7-12-19; | ||||||
18 | revised 9-20-19.)
| ||||||
19 | Section 495. The Dental Service Plan Act is amended by | ||||||
20 | changing Section 47 as follows:
| ||||||
21 | (215 ILCS 110/47) (from Ch. 32, par. 690.47)
| ||||||
22 | Sec. 47. Continuance privilege; group privilege - Group | ||||||
23 | type contracts contacts . | ||||||
24 | (1) Every
service plan contract of a dental service plan |
| |||||||
| |||||||
1 | corporation which
provides that the continued coverage of a | ||||||
2 | beneficiary is contingent upon
the continued employment of the | ||||||
3 | subscriber with a particular employer shall
further provide | ||||||
4 | for the continuance of such contract in accordance with
the | ||||||
5 | requirements set forth in Section 367.2 of the " Illinois | ||||||
6 | Insurance Code ",
approved June 29, 1937, as amended .
| ||||||
7 | (2) The requirements of this Section shall apply to all | ||||||
8 | such contracts
delivered, issued for delivery, renewed , or | ||||||
9 | amended on or after December 1, 1985 ( the effective
date of | ||||||
10 | Public Act 84-556) this amendatory Act of 1985 .
| ||||||
11 | (Source: P.A. 84-556; revised 8-23-19.)
| ||||||
12 | Section 500. The Health Maintenance Organization Act is | ||||||
13 | amended by changing Section 5-5 as follows:
| ||||||
14 | (215 ILCS 125/5-5) (from Ch. 111 1/2, par. 1413)
| ||||||
15 | Sec. 5-5. Suspension, revocation , or denial of | ||||||
16 | certification of authority. The Director may suspend or revoke | ||||||
17 | any certificate of authority issued
to a health maintenance | ||||||
18 | organization under this Act or deny an
application for a | ||||||
19 | certificate of authority if he finds any of the
following:
| ||||||
20 | (a) The health maintenance organization is operating | ||||||
21 | significantly
in contravention of its basic organizational | ||||||
22 | document, its health care
plan, or in a manner contrary to | ||||||
23 | that described in any information
submitted under Section | ||||||
24 | 2-1 or 4-12.
|
| |||||||
| |||||||
1 | (b) The health maintenance organization issues | ||||||
2 | contracts or
evidences of coverage or uses a schedule of | ||||||
3 | charges for health care
services that do not comply with | ||||||
4 | the requirement of Section 2-1
or 4-12.
| ||||||
5 | (c) The health care plan does not provide or arrange | ||||||
6 | for basic health
care services, except as provided in | ||||||
7 | Section 4-13 concerning mental health
services for clients | ||||||
8 | of the Department of Children and Family Services.
| ||||||
9 | (d) The Director of Public Health certifies to the | ||||||
10 | Director that
(1) the health maintenance organization does | ||||||
11 | not meet the requirements of
Section 2-2 or (2) the health | ||||||
12 | maintenance organization is unable to fulfill
its | ||||||
13 | obligations to furnish health care services as required | ||||||
14 | under its
health care plan. The Department of Public | ||||||
15 | Health shall promulgate by
rule, pursuant to the Illinois | ||||||
16 | Administrative Procedure Act, the precise
standards used | ||||||
17 | for determining what constitutes a material
| ||||||
18 | misrepresentation, what constitutes a material violation | ||||||
19 | of a contract or
evidence of coverage, or what constitutes | ||||||
20 | good faith with regard to
certification under this | ||||||
21 | paragraph.
| ||||||
22 | (e) The health maintenance organization is no longer | ||||||
23 | financially
responsible and may reasonably be expected to | ||||||
24 | be unable to meet its
obligations to enrollees or | ||||||
25 | prospective enrollees.
| ||||||
26 | (f) The health maintenance organization, or any person |
| |||||||
| |||||||
1 | on its behalf,
has advertised or merchandised its services | ||||||
2 | in an untrue, misrepresentative,
misleading, deceptive, or | ||||||
3 | unfair manner.
| ||||||
4 | (g) The continued operation of the health maintenance | ||||||
5 | organization would
be hazardous to its enrollees.
| ||||||
6 | (h) The health maintenance organization has neglected | ||||||
7 | to correct, within the
time prescribed by subsection (c) | ||||||
8 | of Section 2-4, any deficiency occurring due
to the | ||||||
9 | organization's prescribed minimum net worth or special | ||||||
10 | contingent
reserve being impaired.
| ||||||
11 | (i) The health maintenance organization has otherwise | ||||||
12 | failed to
substantially comply with this Act.
| ||||||
13 | (j) The health maintenance organization has failed to | ||||||
14 | meet the
requirements for issuance of a certificate of | ||||||
15 | authority set forth in
Section 2-2.
| ||||||
16 | When the certificate of authority of a health | ||||||
17 | maintenance organization
is revoked, the organization | ||||||
18 | shall proceed, immediately following the
effective date of | ||||||
19 | the order of revocation, to wind up its affairs and shall
| ||||||
20 | conduct no further business except as may be essential to | ||||||
21 | the orderly
conclusion of the affairs of the organization. | ||||||
22 | The Director may permit further
operation of the | ||||||
23 | organization that he finds to be in the best interest of
| ||||||
24 | enrollees to the end that the enrollees will be afforded | ||||||
25 | the greatest practical
opportunity to obtain health care | ||||||
26 | services.
|
| |||||||
| |||||||
1 | (k) The health maintenance organization has failed to | ||||||
2 | pay any assessment due under Article V-H of the Illinois | ||||||
3 | Public Aid Code for 60 days following the due date of the | ||||||
4 | payment (as extended by any grace period granted). | ||||||
5 | (Source: P.A. 101-9, eff. 6-5-19; revised 8-23-19.)
| ||||||
6 | Section 505. The Use of Credit Information in Personal | ||||||
7 | Insurance Act is amended by changing Section 10 as follows:
| ||||||
8 | (215 ILCS 157/10)
| ||||||
9 | Sec. 10. Scope. This Act applies to personal insurance and | ||||||
10 | not to
commercial
insurance. For purposes of this Act, | ||||||
11 | "personal insurance" means private
passenger
automobile, | ||||||
12 | homeowners, motorcycle, mobile-homeowners and non-commercial
| ||||||
13 | dwelling fire insurance policies, and boat, personal | ||||||
14 | watercraft, snowmobile,
and
recreational vehicle policies | ||||||
15 | polices . Such policies must be individually underwritten
for
| ||||||
16 | personal, family, or household use. No other type of insurance | ||||||
17 | shall be
included as
personal insurance for the purpose of | ||||||
18 | this Act.
| ||||||
19 | (Source: P.A. 93-114, eff. 10-1-03; revised 8-23-19.)
| ||||||
20 | Section 510. The Voluntary Health Services Plans Act is | ||||||
21 | amended by changing Section 15.6-1 as follows:
| ||||||
22 | (215 ILCS 165/15.6-1) (from Ch. 32, par. 609.6-1)
|
| |||||||
| |||||||
1 | Sec. 15.6-1. Continuance privilege; group privilege - | ||||||
2 | Group type contracts contacts . | ||||||
3 | (1) Every
service plan contract of a health service plan | ||||||
4 | corporation which
provides that the continued coverage of a | ||||||
5 | beneficiary is contingent upon
the continued employment of the | ||||||
6 | subscriber with a particular employer shall
further provide | ||||||
7 | for the continuance of such contract in accordance with
the | ||||||
8 | requirements set forth in Section 367.2 of the " Illinois | ||||||
9 | Insurance Code ",
approved June 29, 1937, as amended .
| ||||||
10 | (2) The requirements of this Section shall apply to all | ||||||
11 | such contracts
delivered, issued for delivery, renewed or | ||||||
12 | amended on or after December 1, 1985 ( the effective
date of | ||||||
13 | Public Act 84-556) this amendatory Act of 1985 .
| ||||||
14 | (Source: P.A. 84-556; revised 8-23-19.)
| ||||||
15 | Section 515. The Organ Transplant Medication Notification | ||||||
16 | Act is amended by changing Section 10 as follows:
| ||||||
17 | (215 ILCS 175/10)
| ||||||
18 | Sec. 10. Definitions. For the purpose of this Act: | ||||||
19 | "Health insurance policy or health care service plan" | ||||||
20 | means any policy of health or accident insurance subject to | ||||||
21 | the provisions of the Illinois Insurance Code, Health | ||||||
22 | Maintenance Organization Act, Voluntary Health Services Plans | ||||||
23 | Plan Act, Counties Code, Illinois Municipal Code, School Code, | ||||||
24 | and State Employees Group Insurance Act of 1971 . |
| |||||||
| |||||||
1 | "Immunosuppressant drugs" mean drugs that are used in | ||||||
2 | immunosuppressive therapy to inhibit or prevent the activity | ||||||
3 | of the immune system. "Immunosuppressant drugs" are used | ||||||
4 | clinically to prevent the rejection of transplanted organs and | ||||||
5 | tissues. "Immunosuppressant drugs" do not include drugs for | ||||||
6 | the treatment of autoimmune diseases or diseases that are most | ||||||
7 | likely of autoimmune origin.
| ||||||
8 | (Source: P.A. 96-766, eff. 1-1-10; revised 8-23-19.)
| ||||||
9 | Section 520. The Public Utilities Act is amended by | ||||||
10 | changing Sections 5-117, 13-507.1, and 16-130 as follows:
| ||||||
11 | (220 ILCS 5/5-117) | ||||||
12 | Sec. 5-117. Supplier diversity goals. | ||||||
13 | (a) The public policy of this State is to collaboratively | ||||||
14 | work with companies that serve Illinois residents to improve | ||||||
15 | their supplier diversity in a non-antagonistic manner. | ||||||
16 | (b) The Commission shall require all gas, electric, and | ||||||
17 | water companies with at least 100,000 customers under its | ||||||
18 | authority, as well as suppliers of wind energy, solar energy,
| ||||||
19 | hydroelectricity, nuclear energy, and any other supplier of
| ||||||
20 | energy within this State, to submit an annual report by April | ||||||
21 | 15, 2015 and every April 15 thereafter, in a searchable Adobe | ||||||
22 | PDF format, on all procurement goals and actual spending for | ||||||
23 | female-owned, minority-owned, veteran-owned, and small | ||||||
24 | business enterprises in the previous calendar year. These |
| |||||||
| |||||||
1 | goals shall be expressed as a percentage of the total work | ||||||
2 | performed by the entity submitting the report, and the actual | ||||||
3 | spending for all female-owned, minority-owned, veteran-owned, | ||||||
4 | and small business enterprises shall also be expressed as a | ||||||
5 | percentage of the total work performed by the entity | ||||||
6 | submitting the report. | ||||||
7 | (c) Each participating company in its annual report shall | ||||||
8 | include the following information: | ||||||
9 | (1) an explanation of the plan for the next year to | ||||||
10 | increase participation; | ||||||
11 | (2) an explanation of the plan to increase the goals; | ||||||
12 | (3) the areas of procurement each company shall be | ||||||
13 | actively seeking more participation in in the next year; | ||||||
14 | (4) an outline of the plan to alert and encourage | ||||||
15 | potential vendors in that area to seek business from the | ||||||
16 | company; | ||||||
17 | (5) an explanation of the challenges faced in finding | ||||||
18 | quality vendors and offer any suggestions for what the | ||||||
19 | Commission could do to be helpful to identify those | ||||||
20 | vendors; | ||||||
21 | (6) a list of the certifications the company | ||||||
22 | recognizes; | ||||||
23 | (7) the point of contact for any potential vendor who | ||||||
24 | wishes to do business with the company and explain the | ||||||
25 | process for a vendor to enroll with the company as a | ||||||
26 | minority-owned, women-owned, or veteran-owned company; and |
| |||||||
| |||||||
1 | (8) any particular success stories to encourage other | ||||||
2 | companies to emulate best practices. | ||||||
3 | (d) Each annual report shall include as much | ||||||
4 | State-specific data as possible. If the submitting entity does | ||||||
5 | not submit State-specific data, then the company shall include | ||||||
6 | any national data it does have and explain why it could not | ||||||
7 | submit State-specific data and how it intends to do so in | ||||||
8 | future reports, if possible. | ||||||
9 | (e) Each annual report shall include the rules, | ||||||
10 | regulations, and definitions used for the procurement goals in | ||||||
11 | the company's annual report. | ||||||
12 | (f) The Commission and all participating entities shall | ||||||
13 | hold an annual workshop open to the public in 2015 and every | ||||||
14 | year thereafter on the state of supplier diversity to | ||||||
15 | collaboratively seek solutions to structural impediments to | ||||||
16 | achieving stated goals, including testimony from each | ||||||
17 | participating entity as well as subject matter experts and | ||||||
18 | advocates. The Commission shall publish a database on its | ||||||
19 | website of the point of contact for each participating entity | ||||||
20 | for supplier diversity, along with a list of certifications | ||||||
21 | each company recognizes from the information submitted in each | ||||||
22 | annual report. The Commission shall publish each annual report | ||||||
23 | on its website and shall maintain each annual report for at | ||||||
24 | least 5 years.
| ||||||
25 | (Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17; | ||||||
26 | revised 7-22-19.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-507.1) | ||||||
2 | (Section scheduled to be repealed on December 31, 2021) | ||||||
3 | Sec. 13-507.1. In any proceeding permitting, approving, | ||||||
4 | investigating, or establishing rates, charges, | ||||||
5 | classifications, or tariffs for telecommunications services | ||||||
6 | classified as noncompetitive offered or provided by an | ||||||
7 | incumbent local exchange carrier as that term is defined in | ||||||
8 | Section 13-202.5 13-202.1 of this
Act, the Commission shall | ||||||
9 | not allow any subsidy of Internet services, cable services, or | ||||||
10 | video services by the rates or charges for local exchange | ||||||
11 | telecommunications services, including local services | ||||||
12 | classified as noncompetitive.
| ||||||
13 | (Source: P.A. 100-20, eff. 7-1-17; revised 7-6-20.)
| ||||||
14 | (220 ILCS 5/16-130)
| ||||||
15 | Sec. 16-130. Annual reports Reports . | ||||||
16 | (a) The General Assembly finds that it is
necessary to | ||||||
17 | have reliable and accurate information regarding the | ||||||
18 | transition to
a competitive electric industry. In addition to | ||||||
19 | the annual report requirements
pursuant to Section 5-109 of | ||||||
20 | this Act, each electric utility shall file with
the Commission | ||||||
21 | a report on
the following topics in accordance with the | ||||||
22 | schedule set forth in subsection
(b) of this Section:
| ||||||
23 | (1) Data on each customer class of the electric | ||||||
24 | utility in which delivery
services have been elected , |
| |||||||
| |||||||
1 | including:
| ||||||
2 | (A) number of retail customers in each class that | ||||||
3 | have elected delivery
service;
| ||||||
4 | (B) kilowatt hours consumed by the customers | ||||||
5 | described in subparagraph
(A);
| ||||||
6 | (C) revenue loss experienced by the utility as a | ||||||
7 | result of customers
electing delivery services or | ||||||
8 | market-based prices as compared to continued
service | ||||||
9 | under otherwise applicable tariffed rates;
| ||||||
10 | (D) total amount of funds collected from each | ||||||
11 | customer class pursuant to
the transition charges | ||||||
12 | authorized in Section 16-108;
| ||||||
13 | (E) such Such other information as the Commission | ||||||
14 | may by rule require.
| ||||||
15 | (2) A description of any steps taken by the electric | ||||||
16 | utility to mitigate
and reduce its costs, including both a | ||||||
17 | detailed description of steps taken
during the preceding | ||||||
18 | calendar year and a summary of steps taken since December | ||||||
19 | 16, 1997 ( the
effective date of Public Act 90-561) this | ||||||
20 | amendatory Act of 1997 , and including, to the extent
| ||||||
21 | practicable, quantification of the costs mitigated or | ||||||
22 | reduced by specific
actions taken by the electric utility.
| ||||||
23 | (3) A description of actions taken under Sections | ||||||
24 | 5-104,
7-204, 9-220, and 16-111 of this Act. This | ||||||
25 | information shall include , but not
be limited to:
| ||||||
26 | (A) a description of the actions taken;
|
| |||||||
| |||||||
1 | (B) the effective date of the action;
| ||||||
2 | (C) the annual savings or additional charges | ||||||
3 | realized by customers from
actions taken, by customer | ||||||
4 | class and total for each year;
| ||||||
5 | (D) the accumulated impact on customers by | ||||||
6 | customer class and total; and
| ||||||
7 | (E) a summary of the method used to quantify the | ||||||
8 | impact on customers.
| ||||||
9 | (4) A summary of the electric utility's use of | ||||||
10 | transitional funding
instruments, including a description | ||||||
11 | of the electric utility's use of the
proceeds of any | ||||||
12 | transitional funding instruments it has issued in | ||||||
13 | accordance
with Article XVIII of this Act.
| ||||||
14 | (5) Kilowatt-hours consumed in the twelve months | ||||||
15 | ending December 31, 1996
(which kilowatt-hours are hereby | ||||||
16 | referred to as "base year sales") by customer
class | ||||||
17 | multiplied by the revenue per kilowatt hour, adjusted to | ||||||
18 | remove charges
added to customers' bills pursuant to | ||||||
19 | Sections 9-221 and 9-222 of this Act,
during the twelve | ||||||
20 | months ending December 31, 1996, adjusted for the | ||||||
21 | reductions
required by subsection (b) of Section 16-111 | ||||||
22 | and the mitigation factors
contained in Section 16-102. | ||||||
23 | This amount shall be stated for: (i) each
calendar year | ||||||
24 | preceding the year in which a report is required to be | ||||||
25 | submitted
pursuant to subsection (b); and (ii) as a | ||||||
26 | cumulative total of all calendar
years beginning with 1998 |
| |||||||
| |||||||
1 | and ending with the calendar year preceding the year
in | ||||||
2 | which a report is required to be submitted pursuant to | ||||||
3 | subsection (b).
| ||||||
4 | (6) Calculations identical to those required by | ||||||
5 | subparagraph (5) except
that base year sales shall be | ||||||
6 | adjusted for growth in the electric utility's
service | ||||||
7 | territory, in addition to the other adjustments specified | ||||||
8 | by the first
sentence of subparagraph (5).
| ||||||
9 | (7) The electric utility's total revenue and net | ||||||
10 | income for each calendar
year beginning with 1997 through | ||||||
11 | the calendar year preceding the year in which
a report is | ||||||
12 | required to be submitted pursuant to subsection (b) as | ||||||
13 | reported in
the electric utility's Form 1 report to the | ||||||
14 | Federal Energy Regulatory
Commission.
| ||||||
15 | (8) Any consideration in excess of the net book cost | ||||||
16 | as of December 16, 1997 ( the effective
date of Public Act | ||||||
17 | 90-561) this amendatory Act of 1997 received by the | ||||||
18 | electric utility during the
year from a sale made | ||||||
19 | subsequent to December 16, 1997 ( the effective date of | ||||||
20 | Public Act 90-561) this amendatory Act
of 1997 to a | ||||||
21 | non-affiliated third party of any generating plant that | ||||||
22 | was owned
by the electric utility on December 16, 1997 | ||||||
23 | ( the effective date of Public Act 90-561) this amendatory | ||||||
24 | Act of 1997 .
| ||||||
25 | (9) Any consideration received by the electric utility | ||||||
26 | from sales or
transfers during the year to an affiliated |
| |||||||
| |||||||
1 | interest of generating plant, or
other plant that | ||||||
2 | represents an investment of $25,000,000 or more in terms | ||||||
3 | of
total
depreciated original cost, which generating or | ||||||
4 | other plant were owned by the
electric utility prior to | ||||||
5 | December 16, 1997 ( the effective date of Public Act | ||||||
6 | 90-561) this amendatory Act of 1997 .
| ||||||
7 | (10) Any consideration received by an affiliated | ||||||
8 | interest of an electric
utility from sales or transfers | ||||||
9 | during the year to a non-affiliated third party
of | ||||||
10 | generating plant, but only if: (i) the electric utility | ||||||
11 | had previously sold
or transferred such plant to the | ||||||
12 | affiliated interest subsequent to December 16, 1997 ( the
| ||||||
13 | effective date of Public Act 90-561) this amendatory Act | ||||||
14 | of 1997 ; (ii) the affiliated interest
sells or transfers | ||||||
15 | such plant to a non-affiliated third party prior to
| ||||||
16 | December 31, 2006; and (iii) the affiliated interest
| ||||||
17 | receives consideration for the sale or transfer of such | ||||||
18 | plant to the
non-affiliated third party in an amount | ||||||
19 | greater than the cost or price at which
such plant was sold | ||||||
20 | or transferred to the affiliated interest by the electric
| ||||||
21 | utility.
| ||||||
22 | (11) A summary account of those expenditures made for | ||||||
23 | projects,
programs,
and improvements relating to | ||||||
24 | transmission and distribution including, without
| ||||||
25 | limitation, infrastructure expansion, repair and | ||||||
26 | replacement, capital
investments, operations and |
| |||||||
| |||||||
1 | maintenance, and vegetation management, pursuant
to a | ||||||
2 | written commitment made under subsection (k) of Section | ||||||
3 | 16-111.
| ||||||
4 | (b) The information required by subsection (a) shall be | ||||||
5 | filed by each
electric utility on or before March 1 of each | ||||||
6 | year 1999 through 2007 or through
such additional years as the | ||||||
7 | electric utility is collecting transition charges
pursuant to | ||||||
8 | subsection (f) of Section 16-108, for the previous calendar | ||||||
9 | year.
The information required by subparagraph (6) of | ||||||
10 | subsection (a) for calendar
year 1997 shall be submitted by | ||||||
11 | the electric utility on or before March 1,
1999.
| ||||||
12 | (c) On or before May 15 of each year 1999 through 2006 or | ||||||
13 | through such
additional
years as
the electric utility is | ||||||
14 | collecting transition charges pursuant to subsection
(f) of | ||||||
15 | Section 16-108, the Commission shall submit
a report to the | ||||||
16 | General Assembly which summarizes the information provided by
| ||||||
17 | each electric utility under this Section; provided, however, | ||||||
18 | that proprietary
or confidential information shall not be | ||||||
19 | publicly disclosed.
| ||||||
20 | (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99; | ||||||
21 | revised 7-22-19.)
| ||||||
22 | Section 525. The Illinois Dental Practice Act is amended | ||||||
23 | by changing Sections 4 and 17 as follows:
| ||||||
24 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
2 | Sec. 4. Definitions. As used in this Act:
| ||||||
3 | "Address of record" means the designated address recorded | ||||||
4 | by the Department in the applicant's or licensee's application | ||||||
5 | file or license file as maintained by the Department's | ||||||
6 | licensure maintenance unit. It is the duty of the applicant or | ||||||
7 | licensee to inform the Department of any change of address and | ||||||
8 | those changes must be made either through the Department's | ||||||
9 | website or by contacting the Department. | ||||||
10 | "Department" means the Department of Financial and | ||||||
11 | Professional Regulation.
| ||||||
12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional Regulation.
| ||||||
14 | "Board" means the Board of Dentistry.
| ||||||
15 | "Dentist" means a person who has received a general | ||||||
16 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
17 | who may perform any intraoral
and extraoral procedure required | ||||||
18 | in the practice of dentistry and to whom is
reserved the | ||||||
19 | responsibilities specified in Section 17.
| ||||||
20 | "Dental hygienist" means a person who holds a license | ||||||
21 | under this Act to
perform dental services as authorized by | ||||||
22 | Section 18.
| ||||||
23 | "Dental assistant" means an appropriately trained person
| ||||||
24 | who, under the supervision of a dentist, provides dental | ||||||
25 | services
as authorized by Section 17.
| ||||||
26 | "Expanded function dental assistant" means a dental |
| |||||||
| |||||||
1 | assistant who has completed the training required by Section | ||||||
2 | 17.1 of this Act. | ||||||
3 | "Dental laboratory" means a person, firm or corporation | ||||||
4 | which:
| ||||||
5 | (i) engages in making, providing, repairing or | ||||||
6 | altering dental
prosthetic appliances and other artificial | ||||||
7 | materials and devices which are
returned to a dentist for | ||||||
8 | insertion into the human oral cavity or which
come in | ||||||
9 | contact with its adjacent structures and tissues; and
| ||||||
10 | (ii) utilizes or employs a dental technician to | ||||||
11 | provide such services; and
| ||||||
12 | (iii) performs such functions only for a dentist or | ||||||
13 | dentists.
| ||||||
14 | "Supervision" means supervision of a dental hygienist or a | ||||||
15 | dental
assistant requiring that a dentist authorize the | ||||||
16 | procedure, remain in the
dental facility while the procedure | ||||||
17 | is performed, and approve the work
performed by the dental | ||||||
18 | hygienist or dental assistant before dismissal of
the patient, | ||||||
19 | but does not mean that the dentist must be present at all
times | ||||||
20 | in the treatment room.
| ||||||
21 | "General supervision" means supervision of a dental | ||||||
22 | hygienist
requiring that the patient be a patient of record,
| ||||||
23 | that the dentist
examine the patient in accordance with | ||||||
24 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
25 | that the
dentist authorize the procedures which
are being | ||||||
26 | carried
out by a notation in the patient's record, but not |
| |||||||
| |||||||
1 | requiring that a dentist
be present when the authorized
| ||||||
2 | procedures are being performed. The
issuance of a prescription | ||||||
3 | to a dental laboratory by a
dentist does not constitute | ||||||
4 | general supervision.
| ||||||
5 | "Public member" means a person who is not a health | ||||||
6 | professional.
For purposes of board membership, any person | ||||||
7 | with a significant financial
interest in a health service or | ||||||
8 | profession is not a public member.
| ||||||
9 | "Dentistry" means the healing art which is concerned with | ||||||
10 | the
examination, diagnosis, treatment planning and care of | ||||||
11 | conditions within
the human oral cavity and its adjacent | ||||||
12 | tissues and structures, as further
specified in Section 17.
| ||||||
13 | "Branches of dentistry" means the various specialties of | ||||||
14 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
15 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
16 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
17 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
18 | radiology.
| ||||||
19 | "Specialist" means a dentist who has received a specialty | ||||||
20 | license
pursuant to Section 11(b).
| ||||||
21 | "Dental technician" means a person who owns, operates or | ||||||
22 | is
employed by a dental laboratory and engages in making, | ||||||
23 | providing, repairing
or altering dental prosthetic appliances | ||||||
24 | and other artificial materials and
devices which are returned | ||||||
25 | to a dentist for insertion into the human oral
cavity or which | ||||||
26 | come in contact with its adjacent structures and tissues.
|
| |||||||
| |||||||
1 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
2 | dentist
or dental hygienist who is unable to practice with
| ||||||
3 | reasonable skill and safety because of a physical or mental | ||||||
4 | disability as
evidenced by a written determination or written | ||||||
5 | consent based on clinical
evidence, including deterioration | ||||||
6 | through the aging process, loss of motor
skills, abuse of | ||||||
7 | drugs or alcohol, or a psychiatric disorder, of sufficient
| ||||||
8 | degree to diminish the person's ability to deliver competent | ||||||
9 | patient care.
| ||||||
10 | "Nurse" means a registered professional nurse, a certified | ||||||
11 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
12 | registered nurse, or a licensed practical nurse licensed under | ||||||
13 | the Nurse Practice Act.
| ||||||
14 | "Patient of record" means a patient for whom the patient's | ||||||
15 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
16 | history and on whom the dentist has performed an
examination | ||||||
17 | and evaluated the condition to be treated.
| ||||||
18 | "Dental responder" means a dentist or dental hygienist who | ||||||
19 | is appropriately certified in disaster preparedness, | ||||||
20 | immunizations, and dental humanitarian medical response | ||||||
21 | consistent with the Society of Disaster Medicine and Public | ||||||
22 | Health and training certified by the National Incident | ||||||
23 | Management System or the National Disaster Life Support | ||||||
24 | Foundation.
| ||||||
25 | "Mobile dental van or portable dental unit" means any | ||||||
26 | self-contained or portable dental unit in which dentistry is |
| |||||||
| |||||||
1 | practiced that can be moved, towed, or transported from one | ||||||
2 | location to another in order to establish a location where | ||||||
3 | dental services can be provided. | ||||||
4 | "Public health dental hygienist" means a hygienist who | ||||||
5 | holds a valid license to practice in the State, has 2 years of | ||||||
6 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
7 | of clinical experience and has completed at least 42 clock | ||||||
8 | hours of additional structured courses in dental education in | ||||||
9 | advanced areas specific to public health dentistry. | ||||||
10 | "Public health setting" means a federally qualified health | ||||||
11 | center; a federal, State, or local public health facility; | ||||||
12 | Head Start; a special supplemental nutrition program for | ||||||
13 | Women, Infants, and Children (WIC) facility; or a certified | ||||||
14 | school-based health center or school-based oral health | ||||||
15 | program. | ||||||
16 | "Public health supervision" means the supervision of a | ||||||
17 | public health dental hygienist by a licensed dentist who has a | ||||||
18 | written public health supervision agreement with that public | ||||||
19 | health dental hygienist while working in an approved facility | ||||||
20 | or program that allows the public health dental hygienist to | ||||||
21 | treat patients, without a dentist first examining the patient | ||||||
22 | and being present in the facility during treatment, (1) who | ||||||
23 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
24 | household income is not greater than 200% of the federal | ||||||
25 | poverty level. | ||||||
26 | "Teledentistry" means the use of telehealth systems and |
| |||||||
| |||||||
1 | methodologies in dentistry and includes patient care and | ||||||
2 | education delivery using synchronous and asynchronous | ||||||
3 | communications under a dentist's authority as provided under | ||||||
4 | this Act. | ||||||
5 | (Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
6 | 100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. | ||||||
7 | 7-26-19; revised 9-27-19.)
| ||||||
8 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
10 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
11 | person
practices dentistry, within the meaning of this Act:
| ||||||
12 | (1) Who represents himself or herself as being able to | ||||||
13 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
14 | any disease, pain, deformity, deficiency,
injury, or | ||||||
15 | physical condition of the human tooth, teeth, alveolar | ||||||
16 | process,
gums or jaw; or
| ||||||
17 | (2) Who is a manager, proprietor, operator or | ||||||
18 | conductor of a
business where
dental operations are | ||||||
19 | performed; or
| ||||||
20 | (3) Who performs dental operations of any kind; or
| ||||||
21 | (4) Who uses an X-Ray machine or X-Ray films for
| ||||||
22 | dental diagnostic purposes; or
| ||||||
23 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
24 | or attempts to
correct
malpositions of the human teeth or | ||||||
25 | jaws; or
|
| |||||||
| |||||||
1 | (6) Who offers or undertakes, by any means or method, | ||||||
2 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
3 | materials from human teeth or jaws; or
| ||||||
4 | (7) Who uses or administers local or general | ||||||
5 | anesthetics in the treatment
of dental or oral diseases or | ||||||
6 | in any preparation incident to a dental operation
of any | ||||||
7 | kind or character; or
| ||||||
8 | (8) Who takes material or digital scans for final | ||||||
9 | impressions of the human tooth, teeth, or jaws or performs
| ||||||
10 | any phase of any operation incident to the replacement of | ||||||
11 | a part of a tooth,
a tooth, teeth or associated tissues by | ||||||
12 | means of a filling, crown, a bridge,
a denture or other | ||||||
13 | appliance; or
| ||||||
14 | (9) Who offers to furnish, supply, construct, | ||||||
15 | reproduce or repair, or
who furnishes, supplies, | ||||||
16 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
17 | bridges or other substitutes for natural teeth, to the | ||||||
18 | user or
prospective user thereof; or
| ||||||
19 | (10) Who instructs students on clinical matters or | ||||||
20 | performs any clinical
operation included in the curricula | ||||||
21 | of recognized dental schools and colleges; or
| ||||||
22 | (11) Who takes material or digital scans for final | ||||||
23 | impressions of human teeth or places his or her hands in | ||||||
24 | the mouth of any person for the purpose of applying teeth | ||||||
25 | whitening materials, or who takes impressions of human | ||||||
26 | teeth or places his or her hands in the mouth of any person |
| |||||||
| |||||||
1 | for the purpose of assisting in the application of teeth | ||||||
2 | whitening materials. A person does not practice dentistry | ||||||
3 | when he or she discloses to the consumer that he or she is | ||||||
4 | not licensed as a dentist under this Act and (i) discusses | ||||||
5 | the use of teeth whitening materials with a consumer | ||||||
6 | purchasing these materials; (ii) provides instruction on | ||||||
7 | the use of teeth whitening materials with a consumer | ||||||
8 | purchasing these materials; or (iii) provides appropriate | ||||||
9 | equipment on-site to the consumer for the consumer to | ||||||
10 | self-apply teeth whitening materials. | ||||||
11 | The fact that any person engages in or performs, or offers | ||||||
12 | to engage in
or perform, any of the practices, acts, or | ||||||
13 | operations set forth in this
Section, shall be prima facie | ||||||
14 | evidence that such person is engaged in the
practice of | ||||||
15 | dentistry.
| ||||||
16 | The following practices, acts, and operations, however, | ||||||
17 | are exempt from
the operation of this Act:
| ||||||
18 | (a) The rendering of dental relief in emergency cases | ||||||
19 | in the practice
of his or her profession by a physician or | ||||||
20 | surgeon, licensed as such
under the laws of this State, | ||||||
21 | unless he or she undertakes to reproduce or reproduces
| ||||||
22 | lost parts of the human teeth in the mouth or to restore or | ||||||
23 | replace lost
or missing teeth in the mouth; or
| ||||||
24 | (b) The practice of dentistry in the discharge of | ||||||
25 | their official duties
by dentists in any branch of the | ||||||
26 | Armed Services of the United States, the
United States |
| |||||||
| |||||||
1 | Public Health Service, or the United States Veterans
| ||||||
2 | Administration; or
| ||||||
3 | (c) The practice of dentistry by students in their | ||||||
4 | course of study
in dental schools or colleges approved by | ||||||
5 | the Department, when acting under the
direction and | ||||||
6 | supervision of dentists acting as instructors; or
| ||||||
7 | (d) The practice of dentistry by clinical instructors | ||||||
8 | in the course of
their teaching duties in dental schools | ||||||
9 | or colleges approved by the
Department:
| ||||||
10 | (i) when acting under the direction and | ||||||
11 | supervision of dentists,
provided that such clinical | ||||||
12 | instructors have instructed continuously in
this State | ||||||
13 | since January 1, 1986; or
| ||||||
14 | (ii) when holding the rank of full professor at | ||||||
15 | such approved dental
school or college and possessing | ||||||
16 | a current valid license or authorization
to practice | ||||||
17 | dentistry in another country; or
| ||||||
18 | (e) The practice of dentistry by licensed dentists of | ||||||
19 | other states or
countries at meetings of the Illinois | ||||||
20 | State Dental Society or component
parts thereof, alumni | ||||||
21 | meetings of dental colleges, or any other like dental
| ||||||
22 | organizations, while appearing as clinicians; or
| ||||||
23 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
24 | of dental or oral
tissues by dental hygienists or dental | ||||||
25 | assistants; or
| ||||||
26 | (g) The performance of any dental service by a dental |
| |||||||
| |||||||
1 | assistant, if such
service is performed under the | ||||||
2 | supervision and full responsibility of a
dentist. In | ||||||
3 | addition, after being authorized by a dentist, a dental | ||||||
4 | assistant may, for the purpose of eliminating pain or | ||||||
5 | discomfort, remove loose, broken, or irritating | ||||||
6 | orthodontic appliances on a patient of record.
| ||||||
7 | For purposes of this paragraph (g), "dental service" | ||||||
8 | is defined to mean
any intraoral procedure or act which | ||||||
9 | shall be prescribed by rule or
regulation of the | ||||||
10 | Department. Dental service, however, shall not include:
| ||||||
11 | (1) Any and all diagnosis of or prescription for | ||||||
12 | treatment of disease,
pain, deformity, deficiency, | ||||||
13 | injury or physical condition of the human teeth
or | ||||||
14 | jaws, or adjacent structures.
| ||||||
15 | (2) Removal of, or restoration of, or addition
to | ||||||
16 | the hard or soft tissues of the oral cavity, except for | ||||||
17 | the placing, carving, and finishing of amalgam | ||||||
18 | restorations and placing, packing, and finishing | ||||||
19 | composite restorations by dental assistants who have | ||||||
20 | had additional formal education and certification. | ||||||
21 | A dental assistant may place, carve, and finish | ||||||
22 | amalgam restorations, place, pack, and finish | ||||||
23 | composite restorations, and place interim restorations | ||||||
24 | if he or she (A) has successfully completed a | ||||||
25 | structured training program as described in item (2) | ||||||
26 | of subsection (g) provided by an educational |
| |||||||
| |||||||
1 | institution accredited by the Commission on Dental | ||||||
2 | Accreditation, such as a dental school or dental | ||||||
3 | hygiene or dental assistant program, or (B) has at | ||||||
4 | least 4,000 hours of direct clinical patient care | ||||||
5 | experience and has successfully completed a structured | ||||||
6 | training program as described in item (2) of | ||||||
7 | subsection (g) provided by a statewide dental | ||||||
8 | association, approved by the Department to provide | ||||||
9 | continuing education, that has developed and conducted | ||||||
10 | training programs for expanded functions for dental | ||||||
11 | assistants or hygienists. The training program must: | ||||||
12 | (i) include a minimum of 16 hours of didactic study and | ||||||
13 | 14 hours of clinical manikin instruction; all training | ||||||
14 | programs shall include areas of study in nomenclature, | ||||||
15 | caries classifications, oral anatomy, periodontium, | ||||||
16 | basic occlusion, instrumentations, pulp protection | ||||||
17 | liners and bases, dental materials, matrix and wedge | ||||||
18 | techniques, amalgam placement and carving, rubber dam | ||||||
19 | clamp placement, and rubber dam placement and removal; | ||||||
20 | (ii) include an outcome assessment examination that | ||||||
21 | demonstrates competency; (iii) require the supervising | ||||||
22 | dentist to observe and approve the completion of 8 | ||||||
23 | amalgam or composite restorations; and (iv) issue a | ||||||
24 | certificate of completion of the training program, | ||||||
25 | which must be kept on file at the dental office and be | ||||||
26 | made available to the Department upon request. A |
| |||||||
| |||||||
1 | dental assistant must have successfully completed an | ||||||
2 | approved coronal polishing and dental sealant course | ||||||
3 | prior to taking the amalgam and composite restoration | ||||||
4 | course. | ||||||
5 | A dentist utilizing dental assistants shall not | ||||||
6 | supervise more than 4 dental assistants at any one | ||||||
7 | time for placing, carving, and finishing of amalgam | ||||||
8 | restorations or for placing, packing, and finishing | ||||||
9 | composite restorations.
| ||||||
10 | (3) Any and all correction of malformation of | ||||||
11 | teeth or of the jaws.
| ||||||
12 | (4) Administration of anesthetics, except for | ||||||
13 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
14 | sedation, and general anesthetic as provided in | ||||||
15 | Section 8.1 of this Act, that may be performed only | ||||||
16 | after successful completion of a training
program | ||||||
17 | approved by the Department. A dentist utilizing dental | ||||||
18 | assistants shall not supervise more than 4 dental | ||||||
19 | assistants at any one time for the monitoring of | ||||||
20 | nitrous oxide.
| ||||||
21 | (5) Removal of calculus from human teeth.
| ||||||
22 | (6) Taking of material or digital scans for final | ||||||
23 | impressions for the fabrication of prosthetic
| ||||||
24 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
25 | restorative or replacement
dentistry.
| ||||||
26 | (7) The operative procedure of dental hygiene |
| |||||||
| |||||||
1 | consisting of oral
prophylactic procedures, except for | ||||||
2 | coronal polishing and pit and fissure sealants,
which | ||||||
3 | may be
performed by a
dental assistant who has | ||||||
4 | successfully completed a training program approved by
| ||||||
5 | the Department. Dental assistants may perform coronal | ||||||
6 | polishing under the
following circumstances: (i) the | ||||||
7 | coronal polishing shall be limited to
polishing the
| ||||||
8 | clinical crown of the tooth and existing restorations, | ||||||
9 | supragingivally; (ii)
the
dental assistant performing | ||||||
10 | the coronal polishing shall be limited to the use
of
| ||||||
11 | rotary instruments using a rubber cup or brush | ||||||
12 | polishing method (air polishing
is
not permitted); and | ||||||
13 | (iii) the supervising dentist shall not supervise more
| ||||||
14 | than 4
dental assistants at any one time for the task | ||||||
15 | of coronal polishing or pit and fissure sealants.
| ||||||
16 | In addition to coronal polishing and pit and | ||||||
17 | fissure sealants as described in this item (7), a | ||||||
18 | dental assistant who has at least 2,000 hours of | ||||||
19 | direct clinical patient care experience and who has | ||||||
20 | successfully completed a structured training program | ||||||
21 | provided by (1) an educational institution such as a | ||||||
22 | dental school or dental hygiene or dental assistant | ||||||
23 | program, or (2) by a statewide dental or dental | ||||||
24 | hygienist association, approved by the Department on | ||||||
25 | or before January 1, 2017 ( the effective date of | ||||||
26 | Public Act 99-680) this amendatory Act of the 99th |
| |||||||
| |||||||
1 | General Assembly , that has developed and conducted a | ||||||
2 | training program for expanded functions for dental | ||||||
3 | assistants or hygienists may perform: (A) coronal | ||||||
4 | scaling above the gum line, supragingivally, on the | ||||||
5 | clinical crown of the tooth only on patients 12 years | ||||||
6 | of age or younger who have an absence of periodontal | ||||||
7 | disease and who are not medically compromised or | ||||||
8 | individuals with special needs and (B) intracoronal | ||||||
9 | temporization of a tooth. The training program must: | ||||||
10 | (I) include a minimum of 16 hours of instruction in | ||||||
11 | both didactic and clinical manikin or human subject | ||||||
12 | instruction; all training programs shall include areas | ||||||
13 | of study in dental anatomy, public health dentistry, | ||||||
14 | medical history, dental emergencies, and managing the | ||||||
15 | pediatric patient; (II) include an outcome assessment | ||||||
16 | examination that demonstrates competency; (III) | ||||||
17 | require the supervising dentist to observe and approve | ||||||
18 | the completion of 6 full mouth supragingival scaling | ||||||
19 | procedures; and (IV) issue a certificate of completion | ||||||
20 | of the training program, which must be kept on file at | ||||||
21 | the dental office and be made available to the | ||||||
22 | Department upon request. A dental assistant must have | ||||||
23 | successfully completed an approved coronal polishing | ||||||
24 | course prior to taking the coronal scaling course. A | ||||||
25 | dental assistant performing these functions shall be | ||||||
26 | limited to the use of hand instruments only. In |
| |||||||
| |||||||
1 | addition, coronal scaling as described in this | ||||||
2 | paragraph shall only be utilized on patients who are | ||||||
3 | eligible for Medicaid or who are uninsured and whose | ||||||
4 | household income is not greater than 200% of the | ||||||
5 | federal poverty level. A dentist may not supervise | ||||||
6 | more than 2 dental assistants at any one time for the | ||||||
7 | task of coronal scaling. This paragraph is inoperative | ||||||
8 | on and after January 1, 2026. | ||||||
9 | The limitations on the number of dental assistants a | ||||||
10 | dentist may supervise contained in items (2), (4), and (7) | ||||||
11 | of this paragraph (g) mean a limit of 4 total dental | ||||||
12 | assistants or dental hygienists doing expanded functions | ||||||
13 | covered by these Sections being supervised by one dentist ; | ||||||
14 | or . | ||||||
15 | (h) The practice of dentistry by an individual who:
| ||||||
16 | (i) has applied in writing to the Department, in | ||||||
17 | form and substance
satisfactory to the Department, for | ||||||
18 | a general dental license and has
complied with all | ||||||
19 | provisions of Section 9 of this Act, except for the
| ||||||
20 | passage of the examination specified in subsection (e) | ||||||
21 | of Section 9 of this
Act; or
| ||||||
22 | (ii) has applied in writing to the Department, in | ||||||
23 | form and substance
satisfactory to the Department, for | ||||||
24 | a temporary dental license and has
complied with all | ||||||
25 | provisions of subsection (c) of Section 11 of this | ||||||
26 | Act; and
|
| |||||||
| |||||||
1 | (iii) has been accepted or appointed for specialty | ||||||
2 | or residency training
by a hospital situated in this | ||||||
3 | State; or
| ||||||
4 | (iv) has been accepted or appointed for specialty | ||||||
5 | training in an
approved dental program situated in | ||||||
6 | this State; or
| ||||||
7 | (v) has been accepted or appointed for specialty | ||||||
8 | training in a dental
public health agency situated in | ||||||
9 | this State.
| ||||||
10 | The applicant shall be permitted to practice dentistry | ||||||
11 | for a period of 3
months from the starting date of the | ||||||
12 | program, unless authorized in writing
by the Department to | ||||||
13 | continue such practice for a period specified in
writing | ||||||
14 | by the Department.
| ||||||
15 | The applicant shall only be entitled to perform such | ||||||
16 | acts as may be
prescribed by and incidental to his or her | ||||||
17 | program of residency or specialty
training and shall not | ||||||
18 | otherwise engage in the practice of dentistry in this
| ||||||
19 | State.
| ||||||
20 | The authority to practice shall terminate immediately | ||||||
21 | upon:
| ||||||
22 | (1) the decision of the Department that the | ||||||
23 | applicant has failed the
examination; or
| ||||||
24 | (2) denial of licensure by the Department; or
| ||||||
25 | (3) withdrawal of the application.
| ||||||
26 | (Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19; |
| |||||||
| |||||||
1 | 101-162, eff. 7-26-19; revised 9-19-19.)
| ||||||
2 | Section 530. The Medical Practice Act of 1987 is amended | ||||||
3 | by changing Sections 22 and 36 as follows:
| ||||||
4 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
6 | Sec. 22. Disciplinary action.
| ||||||
7 | (A) The Department may revoke, suspend, place on | ||||||
8 | probation, reprimand, refuse to issue or renew, or take any | ||||||
9 | other disciplinary or non-disciplinary action as the | ||||||
10 | Department may deem proper
with regard to the license or | ||||||
11 | permit of any person issued
under this Act, including imposing | ||||||
12 | fines not to exceed $10,000 for each violation, upon any of the | ||||||
13 | following grounds:
| ||||||
14 | (1) (Blank).
| ||||||
15 | (2) (Blank).
| ||||||
16 | (3) A plea of guilty or nolo contendere, finding of | ||||||
17 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
18 | including, but not limited to, convictions, preceding | ||||||
19 | sentences of supervision, conditional discharge, or first | ||||||
20 | offender probation, under the laws of any jurisdiction of | ||||||
21 | the United States of any crime that is a felony.
| ||||||
22 | (4) Gross negligence in practice under this Act.
| ||||||
23 | (5) Engaging in dishonorable, unethical , or | ||||||
24 | unprofessional
conduct of a
character likely to deceive, |
| |||||||
| |||||||
1 | defraud or harm the public.
| ||||||
2 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
3 | misrepresentation.
| ||||||
4 | (7) Habitual or excessive use or abuse of drugs | ||||||
5 | defined in law
as
controlled substances, of alcohol, or of | ||||||
6 | any other substances which results in
the inability to | ||||||
7 | practice with reasonable judgment, skill , or safety.
| ||||||
8 | (8) Practicing under a false or, except as provided by | ||||||
9 | law, an
assumed
name.
| ||||||
10 | (9) Fraud or misrepresentation in applying for, or | ||||||
11 | procuring, a
license
under this Act or in connection with | ||||||
12 | applying for renewal of a license under
this Act.
| ||||||
13 | (10) Making a false or misleading statement regarding | ||||||
14 | their
skill or the
efficacy or value of the medicine, | ||||||
15 | treatment, or remedy prescribed by them at
their direction | ||||||
16 | in the treatment of any disease or other condition of the | ||||||
17 | body
or mind.
| ||||||
18 | (11) Allowing another person or organization to use | ||||||
19 | their
license, procured
under this Act, to practice.
| ||||||
20 | (12) Adverse action taken by another state or | ||||||
21 | jurisdiction
against a license
or other authorization to | ||||||
22 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
23 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
24 | certified copy of the record of the action taken by
the | ||||||
25 | other state or jurisdiction being prima facie evidence | ||||||
26 | thereof. This includes any adverse action taken by a State |
| |||||||
| |||||||
1 | or federal agency that prohibits a medical doctor, doctor | ||||||
2 | of osteopathy, doctor of osteopathic medicine, or doctor | ||||||
3 | of chiropractic from providing services to the agency's | ||||||
4 | participants.
| ||||||
5 | (13) Violation of any provision of this Act or of the | ||||||
6 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
7 | violation of the rules, or a final
administrative action | ||||||
8 | of the Secretary, after consideration of the
| ||||||
9 | recommendation of the Disciplinary Board.
| ||||||
10 | (14) Violation of the prohibition against fee | ||||||
11 | splitting in Section 22.2 of this Act.
| ||||||
12 | (15) A finding by the Disciplinary Board that the
| ||||||
13 | registrant after
having his or her license placed on | ||||||
14 | probationary status or subjected to
conditions or | ||||||
15 | restrictions violated the terms of the probation or failed | ||||||
16 | to
comply with such terms or conditions.
| ||||||
17 | (16) Abandonment of a patient.
| ||||||
18 | (17) Prescribing, selling, administering, | ||||||
19 | distributing, giving ,
or
self-administering any drug | ||||||
20 | classified as a controlled substance (designated
product) | ||||||
21 | or narcotic for other than medically accepted therapeutic
| ||||||
22 | purposes.
| ||||||
23 | (18) Promotion of the sale of drugs, devices, | ||||||
24 | appliances , or
goods provided
for a patient in such manner | ||||||
25 | as to exploit the patient for financial gain of
the | ||||||
26 | physician.
|
| |||||||
| |||||||
1 | (19) Offering, undertaking , or agreeing to cure or | ||||||
2 | treat
disease by a secret
method, procedure, treatment , or | ||||||
3 | medicine, or the treating, operating , or
prescribing for | ||||||
4 | any human condition by a method, means , or procedure which | ||||||
5 | the
licensee refuses to divulge upon demand of the | ||||||
6 | Department.
| ||||||
7 | (20) Immoral conduct in the commission of any act | ||||||
8 | including,
but not limited to, commission of an act of | ||||||
9 | sexual misconduct related to the
licensee's
practice.
| ||||||
10 | (21) Willfully making or filing false records or | ||||||
11 | reports in his
or her
practice as a physician, including, | ||||||
12 | but not limited to, false records to
support claims | ||||||
13 | against the medical assistance program of the Department | ||||||
14 | of Healthcare and Family Services (formerly Department of
| ||||||
15 | Public Aid)
under the Illinois Public Aid Code.
| ||||||
16 | (22) Willful omission to file or record, or willfully | ||||||
17 | impeding
the filing or
recording, or inducing another | ||||||
18 | person to omit to file or record, medical
reports as | ||||||
19 | required by law, or willfully failing to report an | ||||||
20 | instance of
suspected abuse or neglect as required by law.
| ||||||
21 | (23) Being named as a perpetrator in an indicated | ||||||
22 | report by
the Department
of Children and Family Services | ||||||
23 | under the Abused and Neglected Child Reporting
Act, and | ||||||
24 | upon proof by clear and convincing evidence that the | ||||||
25 | licensee has
caused a child to be an abused child or | ||||||
26 | neglected child as defined in the
Abused and Neglected |
| |||||||
| |||||||
1 | Child Reporting Act.
| ||||||
2 | (24) Solicitation of professional patronage by any
| ||||||
3 | corporation, agents or
persons, or profiting from those | ||||||
4 | representing themselves to be agents of the
licensee.
| ||||||
5 | (25) Gross and willful and continued overcharging for
| ||||||
6 | professional services,
including filing false statements | ||||||
7 | for collection of fees for which services are
not | ||||||
8 | rendered, including, but not limited to, filing such false | ||||||
9 | statements for
collection of monies for services not | ||||||
10 | rendered from the medical assistance
program of the | ||||||
11 | Department of Healthcare and Family Services (formerly | ||||||
12 | Department of Public Aid)
under the Illinois Public Aid
| ||||||
13 | Code.
| ||||||
14 | (26) A pattern of practice or other behavior which
| ||||||
15 | demonstrates
incapacity
or incompetence to practice under | ||||||
16 | this Act.
| ||||||
17 | (27) Mental illness or disability which results in the
| ||||||
18 | inability to
practice under this Act with reasonable | ||||||
19 | judgment, skill , or safety.
| ||||||
20 | (28) Physical illness, including, but not limited to,
| ||||||
21 | deterioration through
the aging process, or loss of motor | ||||||
22 | skill which results in a physician's
inability to practice | ||||||
23 | under this Act with reasonable judgment, skill , or
safety.
| ||||||
24 | (29) Cheating on or attempt to subvert the licensing
| ||||||
25 | examinations
administered under this Act.
| ||||||
26 | (30) Willfully or negligently violating the |
| |||||||
| |||||||
1 | confidentiality
between
physician and patient except as | ||||||
2 | required by law.
| ||||||
3 | (31) The use of any false, fraudulent, or deceptive | ||||||
4 | statement
in any
document connected with practice under | ||||||
5 | this Act.
| ||||||
6 | (32) Aiding and abetting an individual not licensed | ||||||
7 | under this
Act in the
practice of a profession licensed | ||||||
8 | under this Act.
| ||||||
9 | (33) Violating state or federal laws or regulations | ||||||
10 | relating
to controlled
substances, legend
drugs, or | ||||||
11 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
12 | (34) Failure to report to the Department any adverse | ||||||
13 | final
action taken
against them by another licensing | ||||||
14 | jurisdiction (any other state or any
territory of the | ||||||
15 | United States or any foreign state or country), by any | ||||||
16 | peer
review body, by any health care institution, by any | ||||||
17 | professional society or
association related to practice | ||||||
18 | under this Act, by any governmental agency, by
any law | ||||||
19 | enforcement agency, or by any court for acts or conduct | ||||||
20 | similar to acts
or conduct which would constitute grounds | ||||||
21 | for action as defined in this
Section.
| ||||||
22 | (35) Failure to report to the Department surrender of | ||||||
23 | a
license or
authorization to practice as a medical | ||||||
24 | doctor, a doctor of osteopathy, a
doctor of osteopathic | ||||||
25 | medicine, or doctor
of chiropractic in another state or | ||||||
26 | jurisdiction, or surrender of membership on
any medical |
| |||||||
| |||||||
1 | staff or in any medical or professional association or | ||||||
2 | society,
while under disciplinary investigation by any of | ||||||
3 | those authorities or bodies,
for acts or conduct similar | ||||||
4 | to acts or conduct which would constitute grounds
for | ||||||
5 | action as defined in this Section.
| ||||||
6 | (36) Failure to report to the Department any adverse | ||||||
7 | judgment,
settlement,
or award arising from a liability | ||||||
8 | claim related to acts or conduct similar to
acts or | ||||||
9 | conduct which would constitute grounds for action as | ||||||
10 | defined in this
Section.
| ||||||
11 | (37) Failure to provide copies of medical records as | ||||||
12 | required
by law.
| ||||||
13 | (38) Failure to furnish the Department, its | ||||||
14 | investigators or
representatives, relevant information, | ||||||
15 | legally requested by the Department
after consultation | ||||||
16 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
17 | Coordinator.
| ||||||
18 | (39) Violating the Health Care Worker Self-Referral
| ||||||
19 | Act.
| ||||||
20 | (40) Willful failure to provide notice when notice is | ||||||
21 | required
under the
Parental Notice of Abortion Act of | ||||||
22 | 1995.
| ||||||
23 | (41) Failure to establish and maintain records of | ||||||
24 | patient care and
treatment as required by this law.
| ||||||
25 | (42) Entering into an excessive number of written | ||||||
26 | collaborative
agreements with licensed advanced practice |
| |||||||
| |||||||
1 | registered nurses resulting in an inability to
adequately | ||||||
2 | collaborate.
| ||||||
3 | (43) Repeated failure to adequately collaborate with a | ||||||
4 | licensed advanced practice registered nurse. | ||||||
5 | (44) Violating the Compassionate Use of Medical | ||||||
6 | Cannabis Program Act.
| ||||||
7 | (45) Entering into an excessive number of written | ||||||
8 | collaborative agreements with licensed prescribing | ||||||
9 | psychologists resulting in an inability to adequately | ||||||
10 | collaborate. | ||||||
11 | (46) Repeated failure to adequately collaborate with a | ||||||
12 | licensed prescribing psychologist. | ||||||
13 | (47) Willfully failing to report an instance of | ||||||
14 | suspected abuse, neglect, financial exploitation, or | ||||||
15 | self-neglect of an eligible adult as defined in and | ||||||
16 | required by the Adult Protective Services Act. | ||||||
17 | (48) Being named as an abuser in a verified report by | ||||||
18 | the Department on Aging under the Adult Protective | ||||||
19 | Services Act, and upon proof by clear and convincing | ||||||
20 | evidence that the licensee abused, neglected, or | ||||||
21 | financially exploited an eligible adult as defined in the | ||||||
22 | Adult Protective Services Act. | ||||||
23 | (49) Entering into an excessive number of written | ||||||
24 | collaborative agreements with licensed physician | ||||||
25 | assistants resulting in an inability to adequately | ||||||
26 | collaborate. |
| |||||||
| |||||||
1 | (50) Repeated failure to adequately collaborate with a | ||||||
2 | physician assistant. | ||||||
3 | Except
for actions involving the ground numbered (26), all | ||||||
4 | proceedings to suspend,
revoke, place on probationary status, | ||||||
5 | or take any
other disciplinary action as the Department may | ||||||
6 | deem proper, with regard to a
license on any of the foregoing | ||||||
7 | grounds, must be commenced within 5 years next
after receipt | ||||||
8 | by the Department of a complaint alleging the commission of or
| ||||||
9 | notice of the conviction order for any of the acts described | ||||||
10 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
11 | (29), no action shall be commenced more
than 10 years after the | ||||||
12 | date of the incident or act alleged to have violated
this | ||||||
13 | Section. For actions involving the ground numbered (26), a | ||||||
14 | pattern of practice or other behavior includes all incidents | ||||||
15 | alleged to be part of the pattern of practice or other behavior | ||||||
16 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
17 | received, within the 10-year period preceding the filing of | ||||||
18 | the complaint. In the event of the settlement of any claim or | ||||||
19 | cause of action
in favor of the claimant or the reduction to | ||||||
20 | final judgment of any civil action
in favor of the plaintiff, | ||||||
21 | such claim, cause of action , or civil action being
grounded on | ||||||
22 | the allegation that a person licensed under this Act was | ||||||
23 | negligent
in providing care, the Department shall have an | ||||||
24 | additional period of 2 years
from the date of notification to | ||||||
25 | the Department under Section 23 of this Act
of such settlement | ||||||
26 | or final judgment in which to investigate and
commence formal |
| |||||||
| |||||||
1 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
2 | as otherwise provided by law. The time during which the holder | ||||||
3 | of the license
was outside the State of Illinois shall not be | ||||||
4 | included within any period of
time limiting the commencement | ||||||
5 | of disciplinary action by the Department.
| ||||||
6 | The entry of an order or judgment by any circuit court | ||||||
7 | establishing that any
person holding a license under this Act | ||||||
8 | is a person in need of mental treatment
operates as a | ||||||
9 | suspension of that license. That person may resume his or her | ||||||
10 | their
practice only upon the entry of a Departmental order | ||||||
11 | based upon a finding by
the Disciplinary Board that the person | ||||||
12 | has they have been determined to be recovered
from mental | ||||||
13 | illness by the court and upon the Disciplinary Board's
| ||||||
14 | recommendation that the person they be permitted to resume his | ||||||
15 | or her their practice.
| ||||||
16 | The Department may refuse to issue or take disciplinary | ||||||
17 | action concerning the license of any person
who fails to file a | ||||||
18 | return, or to pay the tax, penalty , or interest shown in a
| ||||||
19 | filed return, or to pay any final assessment of tax, penalty , | ||||||
20 | or interest, as
required by any tax Act administered by the | ||||||
21 | Illinois Department of Revenue,
until such time as the | ||||||
22 | requirements of any such tax Act are satisfied as
determined | ||||||
23 | by the Illinois Department of Revenue.
| ||||||
24 | The Department, upon the recommendation of the | ||||||
25 | Disciplinary Board, shall
adopt rules which set forth | ||||||
26 | standards to be used in determining:
|
| |||||||
| |||||||
1 | (a) when a person will be deemed sufficiently | ||||||
2 | rehabilitated to warrant the
public trust;
| ||||||
3 | (b) what constitutes dishonorable, unethical , or | ||||||
4 | unprofessional conduct of
a character likely to deceive, | ||||||
5 | defraud, or harm the public;
| ||||||
6 | (c) what constitutes immoral conduct in the commission | ||||||
7 | of any act,
including, but not limited to, commission of | ||||||
8 | an act of sexual misconduct
related
to the licensee's | ||||||
9 | practice; and
| ||||||
10 | (d) what constitutes gross negligence in the practice | ||||||
11 | of medicine.
| ||||||
12 | However, no such rule shall be admissible into evidence in | ||||||
13 | any civil action
except for review of a licensing or other | ||||||
14 | disciplinary action under this Act.
| ||||||
15 | In enforcing this Section, the Disciplinary Board or the | ||||||
16 | Licensing Board,
upon a showing of a possible violation, may | ||||||
17 | compel, in the case of the Disciplinary Board, any individual | ||||||
18 | who is licensed to
practice under this Act or holds a permit to | ||||||
19 | practice under this Act, or, in the case of the Licensing | ||||||
20 | Board, any individual who has applied for licensure or a | ||||||
21 | permit
pursuant to this Act, to submit to a mental or physical | ||||||
22 | examination and evaluation, or both,
which may include a | ||||||
23 | substance abuse or sexual offender evaluation, as required by | ||||||
24 | the Licensing Board or Disciplinary Board and at the expense | ||||||
25 | of the Department. The Disciplinary Board or Licensing Board | ||||||
26 | shall specifically designate the examining physician licensed |
| |||||||
| |||||||
1 | to practice medicine in all of its branches or, if applicable, | ||||||
2 | the multidisciplinary team involved in providing the mental or | ||||||
3 | physical examination and evaluation, or both. The | ||||||
4 | multidisciplinary team shall be led by a physician licensed to | ||||||
5 | practice medicine in all of its branches and may consist of one | ||||||
6 | or more or a combination of physicians licensed to practice | ||||||
7 | medicine in all of its branches, licensed chiropractic | ||||||
8 | physicians, licensed clinical psychologists, licensed clinical | ||||||
9 | social workers, licensed clinical professional counselors, and | ||||||
10 | other professional and administrative staff. Any examining | ||||||
11 | physician or member of the multidisciplinary team may require | ||||||
12 | any person ordered to submit to an examination and evaluation | ||||||
13 | pursuant to this Section to submit to any additional | ||||||
14 | supplemental testing deemed necessary to complete any | ||||||
15 | examination or evaluation process, including, but not limited | ||||||
16 | to, blood testing, urinalysis, psychological testing, or | ||||||
17 | neuropsychological testing.
The Disciplinary Board, the | ||||||
18 | Licensing Board, or the Department may order the examining
| ||||||
19 | physician or any member of the multidisciplinary team to | ||||||
20 | provide to the Department, the Disciplinary Board, or the | ||||||
21 | Licensing Board any and all records, including business | ||||||
22 | records, that relate to the examination and evaluation, | ||||||
23 | including any supplemental testing performed. The Disciplinary | ||||||
24 | Board, the Licensing Board, or the Department may order the | ||||||
25 | examining physician or any member of the multidisciplinary | ||||||
26 | team to present testimony concerning this examination
and |
| |||||||
| |||||||
1 | evaluation of the licensee, permit holder, or applicant, | ||||||
2 | including testimony concerning any supplemental testing or | ||||||
3 | documents relating to the examination and evaluation. No | ||||||
4 | information, report, record, or other documents in any way | ||||||
5 | related to the examination and evaluation shall be excluded by | ||||||
6 | reason of
any common
law or statutory privilege relating to | ||||||
7 | communication between the licensee, permit holder, or
| ||||||
8 | applicant and
the examining physician or any member of the | ||||||
9 | multidisciplinary team.
No authorization is necessary from the | ||||||
10 | licensee, permit holder, or applicant ordered to undergo an | ||||||
11 | evaluation and examination for the examining physician or any | ||||||
12 | member of the multidisciplinary team to provide information, | ||||||
13 | reports, records, or other documents or to provide any | ||||||
14 | testimony regarding the examination and evaluation. The | ||||||
15 | individual to be examined may have, at his or her own expense, | ||||||
16 | another
physician of his or her choice present during all | ||||||
17 | aspects of the examination.
Failure of any individual to | ||||||
18 | submit to mental or physical examination and evaluation, or | ||||||
19 | both, when
directed, shall result in an automatic suspension, | ||||||
20 | without hearing, until such time
as the individual submits to | ||||||
21 | the examination. If the Disciplinary Board or Licensing Board | ||||||
22 | finds a physician unable
to practice following an examination | ||||||
23 | and evaluation because of the reasons set forth in this | ||||||
24 | Section, the Disciplinary
Board or Licensing Board shall | ||||||
25 | require such physician to submit to care, counseling, or | ||||||
26 | treatment
by physicians, or other health care professionals, |
| |||||||
| |||||||
1 | approved or designated by the Disciplinary Board, as a | ||||||
2 | condition
for issued, continued, reinstated, or renewed | ||||||
3 | licensure to practice. Any physician,
whose license was | ||||||
4 | granted pursuant to Sections 9, 17, or 19 of this Act, or,
| ||||||
5 | continued, reinstated, renewed, disciplined or supervised, | ||||||
6 | subject to such
terms, conditions , or restrictions who shall | ||||||
7 | fail to comply with such terms,
conditions , or restrictions, | ||||||
8 | or to complete a required program of care,
counseling, or | ||||||
9 | treatment, as determined by the Chief Medical Coordinator or
| ||||||
10 | Deputy Medical Coordinators, shall be referred to the | ||||||
11 | Secretary for a
determination as to whether the licensee shall | ||||||
12 | have his or her their license suspended
immediately, pending a | ||||||
13 | hearing by the Disciplinary Board. In instances in
which the | ||||||
14 | Secretary immediately suspends a license under this Section, a | ||||||
15 | hearing
upon such person's license must be convened by the | ||||||
16 | Disciplinary Board within 15
days after such suspension and | ||||||
17 | completed without appreciable delay. The
Disciplinary Board | ||||||
18 | shall have the authority to review the subject physician's
| ||||||
19 | record of treatment and counseling regarding the impairment, | ||||||
20 | to the extent
permitted by applicable federal statutes and | ||||||
21 | regulations safeguarding the
confidentiality of medical | ||||||
22 | records.
| ||||||
23 | An individual licensed under this Act, affected under this | ||||||
24 | Section, shall be
afforded an opportunity to demonstrate to | ||||||
25 | the Disciplinary Board that he or she they can
resume practice | ||||||
26 | in compliance with acceptable and prevailing standards under
|
| |||||||
| |||||||
1 | the provisions of his or her their license.
| ||||||
2 | The Department may promulgate rules for the imposition of | ||||||
3 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
4 | violation of this Act. Fines
may be imposed in conjunction | ||||||
5 | with other forms of disciplinary action, but
shall not be the | ||||||
6 | exclusive disposition of any disciplinary action arising out
| ||||||
7 | of conduct resulting in death or injury to a patient. Any funds | ||||||
8 | collected from
such fines shall be deposited in the Illinois | ||||||
9 | State Medical Disciplinary Fund.
| ||||||
10 | All fines imposed under this Section shall be paid within | ||||||
11 | 60 days after the effective date of the order imposing the fine | ||||||
12 | or in accordance with the terms set forth in the order imposing | ||||||
13 | the fine. | ||||||
14 | (B) The Department shall revoke the license or
permit | ||||||
15 | issued under this Act to practice medicine or a chiropractic | ||||||
16 | physician who
has been convicted a second time of committing | ||||||
17 | any felony under the
Illinois Controlled Substances Act or the | ||||||
18 | Methamphetamine Control and Community Protection Act, or who | ||||||
19 | has been convicted a second time of
committing a Class 1 felony | ||||||
20 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
21 | person whose license or permit is revoked
under
this | ||||||
22 | subsection B shall be prohibited from practicing
medicine or | ||||||
23 | treating human ailments without the use of drugs and without
| ||||||
24 | operative surgery.
| ||||||
25 | (C) The Department shall not revoke, suspend, place on | ||||||
26 | probation, reprimand, refuse to issue or renew, or take any |
| |||||||
| |||||||
1 | other disciplinary or non-disciplinary action against the | ||||||
2 | license or permit issued under this Act to practice medicine | ||||||
3 | to a physician: | ||||||
4 | (1) based solely upon the recommendation of the | ||||||
5 | physician to an eligible patient regarding, or | ||||||
6 | prescription for, or treatment with, an investigational | ||||||
7 | drug, biological product, or device; or | ||||||
8 | (2) for experimental treatment for Lyme disease or | ||||||
9 | other tick-borne diseases, including, but not limited to, | ||||||
10 | the prescription of or treatment with long-term | ||||||
11 | antibiotics. | ||||||
12 | (D) The Disciplinary Board shall recommend to the
| ||||||
13 | Department civil
penalties and any other appropriate | ||||||
14 | discipline in disciplinary cases when the
Board finds that a | ||||||
15 | physician willfully performed an abortion with actual
| ||||||
16 | knowledge that the person upon whom the abortion has been | ||||||
17 | performed is a minor
or an incompetent person without notice | ||||||
18 | as required under the Parental Notice
of Abortion Act of 1995. | ||||||
19 | Upon the Board's recommendation, the Department shall
impose, | ||||||
20 | for the first violation, a civil penalty of $1,000 and for a | ||||||
21 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
22 | (Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
23 | 100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. | ||||||
24 | 1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363, | ||||||
25 | eff. 8-9-19; revised 9-20-19.)
|
| |||||||
| |||||||
1 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 36. Investigation; notice. | ||||||
4 | (a) Upon the motion of either the Department
or the | ||||||
5 | Disciplinary Board or upon the verified complaint in
writing | ||||||
6 | of any person setting forth facts which, if proven,
would | ||||||
7 | constitute grounds for suspension or revocation under
Section | ||||||
8 | 22 of this Act, the Department shall investigate the
actions | ||||||
9 | of any person, so accused, who holds or represents
that he or | ||||||
10 | she holds a license. Such person is hereinafter called
the | ||||||
11 | accused.
| ||||||
12 | (b) The Department shall, before suspending, revoking,
| ||||||
13 | placing on probationary status, or taking any other
| ||||||
14 | disciplinary action as the Department may deem proper with
| ||||||
15 | regard to any license at least 30 days prior to the date set
| ||||||
16 | for the hearing, notify the accused in writing of any
charges | ||||||
17 | made and the time and place for a hearing of the
charges before | ||||||
18 | the Disciplinary Board, direct him or her to file his or her
| ||||||
19 | written answer thereto to the Disciplinary Board under
oath | ||||||
20 | within 20 days after the service on him or her of such notice
| ||||||
21 | and inform him or her that if he or she fails to file such | ||||||
22 | answer
default will be taken against him or her and his or her | ||||||
23 | license may be
suspended, revoked, placed on probationary | ||||||
24 | status, or have
other disciplinary action, including limiting | ||||||
25 | the scope,
nature or extent of his or her practice, as the | ||||||
26 | Department may
deem proper taken with regard thereto. The |
| |||||||
| |||||||
1 | Department shall, at least 14 days prior to the date set for | ||||||
2 | the hearing, notify in writing any person who filed a | ||||||
3 | complaint against the accused of the time and place for the | ||||||
4 | hearing of the charges against the accused before the | ||||||
5 | Disciplinary Board and inform such person whether he or she | ||||||
6 | may provide testimony at the hearing.
| ||||||
7 | (c) (Blank).
| ||||||
8 | (d) Such written notice and any notice in such proceedings
| ||||||
9 | thereafter may be served by personal delivery, email to the | ||||||
10 | respondent's email address of record, or mail to the | ||||||
11 | respondent's address of record.
| ||||||
12 | (e) All information gathered by the Department during its | ||||||
13 | investigation
including information subpoenaed
under Section | ||||||
14 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
15 | for
the confidential use of the Secretary, Disciplinary Board, | ||||||
16 | the Medical
Coordinators, persons employed by contract to | ||||||
17 | advise the Medical Coordinator or
the Department, the
| ||||||
18 | Disciplinary Board's attorneys, the medical investigative | ||||||
19 | staff, and authorized
clerical staff, as provided in this Act | ||||||
20 | and shall be afforded the same status
as is provided | ||||||
21 | information concerning medical studies in Part 21 of Article
| ||||||
22 | VIII of the Code of Civil Procedure, except that the | ||||||
23 | Department may disclose information and documents to a | ||||||
24 | federal, State, or local law enforcement agency pursuant to a | ||||||
25 | subpoena in an ongoing criminal investigation to a health care | ||||||
26 | licensing body of this State or another state or jurisdiction |
| |||||||
| |||||||
1 | pursuant to an official request made by that licensing body. | ||||||
2 | Furthermore, information and documents disclosed to a federal, | ||||||
3 | State, or local law enforcement agency may be used by that | ||||||
4 | agency only for the investigation and prosecution of a | ||||||
5 | criminal offense or, in the case of disclosure to a health care | ||||||
6 | licensing body, only for investigations and disciplinary | ||||||
7 | action proceedings with regard to a license issued by that | ||||||
8 | licensing body.
| ||||||
9 | (Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19; | ||||||
10 | revised 9-20-19.)
| ||||||
11 | Section 535. The Nurse Practice Act is amended by changing | ||||||
12 | Sections 65-5 and 70-5 as follows:
| ||||||
13 | (225 ILCS 65/65-5)
(was 225 ILCS 65/15-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
15 | Sec. 65-5. Qualifications for APRN licensure.
| ||||||
16 | (a) Each applicant who successfully meets the requirements | ||||||
17 | of this Section is eligible for licensure as an advanced | ||||||
18 | practice registered nurse. | ||||||
19 | (b) An applicant for licensure to practice as an advanced | ||||||
20 | practice registered nurse is eligible for licensure when the | ||||||
21 | following requirements are met:
| ||||||
22 | (1) the applicant has submitted a completed | ||||||
23 | application and any fees as established by the Department;
| ||||||
24 | (2) the applicant holds a current license to practice |
| |||||||
| |||||||
1 | as a
registered professional nurse under this Act;
| ||||||
2 | (3) the applicant has successfully completed | ||||||
3 | requirements to practice as, and holds and maintains
| ||||||
4 | current, national certification as, a nurse midwife, | ||||||
5 | clinical nurse specialist,
nurse practitioner, or | ||||||
6 | certified registered nurse anesthetist from the
| ||||||
7 | appropriate national certifying body as determined by rule | ||||||
8 | of the Department;
| ||||||
9 | (4) the applicant has obtained a graduate degree | ||||||
10 | appropriate for national certification in a clinical | ||||||
11 | advanced practice registered nursing specialty or a | ||||||
12 | graduate degree or post-master's certificate from a | ||||||
13 | graduate level program in a clinical advanced practice | ||||||
14 | registered nursing specialty;
| ||||||
15 | (5) (blank); | ||||||
16 | (6) the applicant has submitted to the criminal | ||||||
17 | history records check required under Section 50-35 of this | ||||||
18 | Act; and
| ||||||
19 | (7) if applicable, the applicant has submitted | ||||||
20 | verification of licensure status in another jurisdiction, | ||||||
21 | as provided by rule. | ||||||
22 | (b-5) A registered professional nurse seeking licensure as | ||||||
23 | an advanced practice registered nurse in the category of | ||||||
24 | certified registered nurse anesthetist who does not have a | ||||||
25 | graduate degree as described in subsection (b) of this Section | ||||||
26 | shall be qualified for licensure if that person: |
| |||||||
| |||||||
1 | (1) submits evidence of having successfully completed | ||||||
2 | a nurse anesthesia program described in item (4) of | ||||||
3 | subsection (b) of this Section prior to January 1, 1999; | ||||||
4 | (2) submits evidence of certification as a registered | ||||||
5 | nurse anesthetist by an appropriate national certifying | ||||||
6 | body; and | ||||||
7 | (3) has continually maintained active, up-to-date | ||||||
8 | recertification status as a certified registered nurse | ||||||
9 | anesthetist by an appropriate national recertifying body. | ||||||
10 | (b-10) The Department may issue a certified registered | ||||||
11 | nurse anesthetist license to an APRN who (i) does not have a | ||||||
12 | graduate degree, (ii) applies for licensure before July 1, | ||||||
13 | 2023, and (iii) submits all of the following to the | ||||||
14 | Department: | ||||||
15 | (1) His or her current State registered nurse license | ||||||
16 | number. | ||||||
17 | (2) Proof of current national certification, which | ||||||
18 | includes the completion of an examination from either of | ||||||
19 | the following: | ||||||
20 | (A) the Council on Certification of the American | ||||||
21 | Association of Nurse Anesthetists; or | ||||||
22 | (B) the Council on Recertification of the American | ||||||
23 | Association of Nurse Anesthetists. | ||||||
24 | (3) Proof of the successful completion of a post-basic | ||||||
25 | advanced practice formal education program in the area of | ||||||
26 | nurse anesthesia prior to January 1, 1999. |
| |||||||
| |||||||
1 | (4) His or her complete work history for the 5-year | ||||||
2 | period immediately preceding the date of his or her | ||||||
3 | application. | ||||||
4 | (5) Verification of licensure as an advanced practice | ||||||
5 | registered nurse from the state in which he or she was | ||||||
6 | originally licensed, current state of licensure, and any | ||||||
7 | other state in which he or she has been actively | ||||||
8 | practicing as an advanced practice registered nurse within | ||||||
9 | the 5-year period immediately preceding the date of his or | ||||||
10 | her application. If applicable, this verification must | ||||||
11 | state: | ||||||
12 | (A) the time during which he or she was licensed in | ||||||
13 | each state, including the date of the original | ||||||
14 | issuance of each license; and | ||||||
15 | (B) any disciplinary action taken or pending | ||||||
16 | concerning any nursing license held, currently or in | ||||||
17 | the past, by the applicant. | ||||||
18 | (6) The required fee. | ||||||
19 | (c) Those applicants seeking licensure in more than one | ||||||
20 | advanced practice registered nursing specialty need not | ||||||
21 | possess multiple graduate degrees. Applicants may be eligible | ||||||
22 | for licenses for multiple advanced practice registered nurse | ||||||
23 | licensure specialties, provided that the applicant (i) has met | ||||||
24 | the requirements for at least one advanced practice registered | ||||||
25 | nursing specialty under paragraph paragraphs (3) and (5) of | ||||||
26 | subsection (b) (a) of this Section, (ii) possesses an |
| |||||||
| |||||||
1 | additional graduate education that results in a certificate | ||||||
2 | for another clinical advanced practice registered nurse | ||||||
3 | specialty and that meets the requirements for the national | ||||||
4 | certification from the appropriate nursing specialty, and | ||||||
5 | (iii) holds a current national certification from the | ||||||
6 | appropriate national certifying body for that additional | ||||||
7 | advanced practice registered nursing specialty.
| ||||||
8 | (Source: P.A. 100-231, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
9 | revised 8-21-20.)
| ||||||
10 | (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
12 | Sec. 70-5. Grounds for disciplinary action.
| ||||||
13 | (a) The Department may
refuse to issue or
to renew, or may | ||||||
14 | revoke, suspend, place on
probation, reprimand, or take other | ||||||
15 | disciplinary or non-disciplinary action as the Department
may | ||||||
16 | deem appropriate, including fines not to exceed $10,000 per | ||||||
17 | violation, with regard to a license for any one or combination
| ||||||
18 | of the causes set forth in subsection (b) below.
All fines | ||||||
19 | collected under this Section shall be deposited in the Nursing
| ||||||
20 | Dedicated and Professional Fund.
| ||||||
21 | (b) Grounds for disciplinary action include the following:
| ||||||
22 | (1) Material deception in furnishing information to | ||||||
23 | the
Department.
| ||||||
24 | (2) Material violations of any provision of this Act | ||||||
25 | or violation of the rules of or final administrative |
| |||||||
| |||||||
1 | action of
the Secretary, after consideration of the | ||||||
2 | recommendation of the Board.
| ||||||
3 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
4 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
5 | sentencing of any crime, including, but not limited to, | ||||||
6 | convictions, preceding sentences of supervision, | ||||||
7 | conditional discharge, or first offender probation, under | ||||||
8 | the laws of any jurisdiction
of the
United States: (i) | ||||||
9 | that is a felony; or (ii) that is a misdemeanor, an
| ||||||
10 | essential element of which is dishonesty, or that is
| ||||||
11 | directly related to the practice of the profession.
| ||||||
12 | (4) A pattern of practice or other behavior which | ||||||
13 | demonstrates
incapacity
or incompetency to practice under | ||||||
14 | this Act.
| ||||||
15 | (5) Knowingly aiding or assisting another person in | ||||||
16 | violating
any
provision of this Act or rules.
| ||||||
17 | (6) Failing, within 90 days, to provide a response to | ||||||
18 | a request
for
information in response to a written request | ||||||
19 | made by the Department by
certified or registered mail or | ||||||
20 | by email to the email address of record.
| ||||||
21 | (7) Engaging in dishonorable, unethical or | ||||||
22 | unprofessional
conduct of a
character likely to deceive, | ||||||
23 | defraud or harm the public, as defined by
rule.
| ||||||
24 | (8) Unlawful taking, theft, selling, distributing, or | ||||||
25 | manufacturing of any drug, narcotic, or
prescription
| ||||||
26 | device.
|
| |||||||
| |||||||
1 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
2 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
3 | that could result in a licensee's
inability to practice | ||||||
4 | with reasonable judgment, skill or safety.
| ||||||
5 | (10) Discipline by another U.S. jurisdiction or | ||||||
6 | foreign
nation, if at
least one of the grounds for the | ||||||
7 | discipline is the same or substantially
equivalent to | ||||||
8 | those set forth in this Section.
| ||||||
9 | (11) A finding that the licensee, after having her or | ||||||
10 | his
license placed on
probationary status or subject to | ||||||
11 | conditions or restrictions, has violated the terms of | ||||||
12 | probation or failed to comply with such terms or | ||||||
13 | conditions.
| ||||||
14 | (12) Being named as a perpetrator in an indicated | ||||||
15 | report by
the
Department of Children and Family Services | ||||||
16 | and under the Abused and
Neglected Child Reporting Act, | ||||||
17 | and upon proof by clear and
convincing evidence that the | ||||||
18 | licensee has caused a child to be an abused
child or | ||||||
19 | neglected child as defined in the Abused and Neglected | ||||||
20 | Child
Reporting Act.
| ||||||
21 | (13) Willful omission to file or record, or willfully | ||||||
22 | impeding
the
filing or recording or inducing another | ||||||
23 | person to omit to file or record
medical reports as | ||||||
24 | required by law. | ||||||
25 | (13.5) Willfully failing to report an
instance of | ||||||
26 | suspected child abuse or neglect as required by the Abused |
| |||||||
| |||||||
1 | and
Neglected Child Reporting Act.
| ||||||
2 | (14) Gross negligence in the practice of practical, | ||||||
3 | professional, or advanced practice registered nursing.
| ||||||
4 | (15) Holding oneself out to be practicing nursing | ||||||
5 | under any
name other
than one's own.
| ||||||
6 | (16) Failure of a licensee to report to the Department | ||||||
7 | any adverse final action taken against him or her by | ||||||
8 | another licensing jurisdiction of the United States or any | ||||||
9 | foreign state or country, any peer review body, any health | ||||||
10 | care institution, any professional or nursing society or | ||||||
11 | association, any governmental agency, any law enforcement | ||||||
12 | agency, or any court or a nursing liability claim related | ||||||
13 | to acts or conduct similar to acts or conduct that would | ||||||
14 | constitute grounds for action as defined in this Section. | ||||||
15 | (17) Failure of a licensee to report to the Department | ||||||
16 | surrender by the licensee of a license or authorization to | ||||||
17 | practice nursing or advanced practice registered nursing | ||||||
18 | in another state or jurisdiction or current surrender by | ||||||
19 | the licensee of membership on any nursing staff or in any | ||||||
20 | nursing or advanced practice registered nursing or | ||||||
21 | professional association or society while under | ||||||
22 | disciplinary investigation by any of those authorities or | ||||||
23 | bodies for acts or conduct similar to acts or conduct that | ||||||
24 | would constitute grounds for action as defined by this | ||||||
25 | Section. | ||||||
26 | (18) Failing, within 60 days, to provide information |
| |||||||
| |||||||
1 | in response to a written request made by the Department. | ||||||
2 | (19) Failure to establish and maintain records of | ||||||
3 | patient care and treatment as required by law. | ||||||
4 | (20) Fraud, deceit or misrepresentation in applying | ||||||
5 | for or
procuring
a license under this Act or in connection | ||||||
6 | with applying for renewal of a
license under this Act.
| ||||||
7 | (21) Allowing another person or organization to use | ||||||
8 | the licensee's
licensees'
license to deceive the public.
| ||||||
9 | (22) Willfully making or filing false records or | ||||||
10 | reports in
the
licensee's practice, including but not | ||||||
11 | limited to false
records to support claims against the | ||||||
12 | medical assistance program of the
Department of Healthcare | ||||||
13 | and Family Services (formerly Department of Public Aid)
| ||||||
14 | under the Illinois Public Aid Code.
| ||||||
15 | (23) Attempting to subvert or cheat on a
licensing
| ||||||
16 | examination
administered under this Act.
| ||||||
17 | (24) Immoral conduct in the commission of an act, | ||||||
18 | including, but not limited to, sexual abuse,
sexual | ||||||
19 | misconduct, or sexual exploitation, related to the | ||||||
20 | licensee's practice.
| ||||||
21 | (25) Willfully or negligently violating the | ||||||
22 | confidentiality
between nurse
and patient except as | ||||||
23 | required by law.
| ||||||
24 | (26) Practicing under a false or assumed name, except | ||||||
25 | as provided by law.
| ||||||
26 | (27) The use of any false, fraudulent, or deceptive |
| |||||||
| |||||||
1 | statement
in any
document connected with the licensee's | ||||||
2 | practice.
| ||||||
3 | (28) Directly or indirectly giving to or receiving | ||||||
4 | from a person, firm,
corporation, partnership, or | ||||||
5 | association a fee, commission, rebate, or other
form of | ||||||
6 | compensation for professional services not actually or | ||||||
7 | personally
rendered. Nothing in this paragraph (28) | ||||||
8 | affects any bona fide independent contractor or employment | ||||||
9 | arrangements among health care professionals, health | ||||||
10 | facilities, health care providers, or other entities, | ||||||
11 | except as otherwise prohibited by law. Any employment | ||||||
12 | arrangements may include provisions for compensation, | ||||||
13 | health insurance, pension, or other employment benefits | ||||||
14 | for the provision of services within the scope of the | ||||||
15 | licensee's practice under this Act. Nothing in this | ||||||
16 | paragraph (28) shall be construed to require an employment | ||||||
17 | arrangement to receive professional fees for services | ||||||
18 | rendered.
| ||||||
19 | (29) A violation of the Health Care Worker | ||||||
20 | Self-Referral Act.
| ||||||
21 | (30) Physical illness, mental illness, or disability | ||||||
22 | that
results in the inability to practice the profession | ||||||
23 | with reasonable judgment,
skill, or safety.
| ||||||
24 | (31) Exceeding the terms of a collaborative agreement | ||||||
25 | or the prescriptive authority delegated to a licensee by | ||||||
26 | his or her collaborating physician or podiatric physician |
| |||||||
| |||||||
1 | in guidelines established under a written collaborative | ||||||
2 | agreement. | ||||||
3 | (32) Making a false or misleading statement regarding | ||||||
4 | a licensee's skill or the efficacy or value of the | ||||||
5 | medicine, treatment, or remedy prescribed by him or her in | ||||||
6 | the course of treatment. | ||||||
7 | (33) Prescribing, selling, administering, | ||||||
8 | distributing, giving, or self-administering a drug | ||||||
9 | classified as a controlled substance (designated product) | ||||||
10 | or narcotic for other than medically accepted therapeutic | ||||||
11 | purposes. | ||||||
12 | (34) Promotion of the sale of drugs, devices, | ||||||
13 | appliances, or goods provided for a patient in a manner to | ||||||
14 | exploit the patient for financial gain. | ||||||
15 | (35) Violating State or federal laws, rules, or | ||||||
16 | regulations relating to controlled substances. | ||||||
17 | (36) Willfully or negligently violating the | ||||||
18 | confidentiality between an advanced practice registered | ||||||
19 | nurse, collaborating physician, dentist, or podiatric | ||||||
20 | physician and a patient, except as required by law. | ||||||
21 | (37) Willfully failing to report an instance of | ||||||
22 | suspected abuse, neglect, financial exploitation, or | ||||||
23 | self-neglect of an eligible adult as defined in and | ||||||
24 | required by the Adult Protective Services Act. | ||||||
25 | (38) Being named as an abuser in a verified report by | ||||||
26 | the Department on Aging and under the Adult Protective |
| |||||||
| |||||||
1 | Services Act, and upon proof by clear and convincing | ||||||
2 | evidence that the licensee abused, neglected, or | ||||||
3 | financially exploited an eligible adult as defined in the | ||||||
4 | Adult Protective Services Act. | ||||||
5 | (39) A violation of any provision of this Act or any | ||||||
6 | rules adopted under this Act. | ||||||
7 | (40) Violating the Compassionate Use of Medical | ||||||
8 | Cannabis Program Act. | ||||||
9 | (c) The determination by a circuit court that a licensee | ||||||
10 | is
subject to
involuntary admission or judicial admission as | ||||||
11 | provided in the Mental
Health and Developmental Disabilities | ||||||
12 | Code, as amended, operates as an
automatic suspension. The | ||||||
13 | suspension will end only upon a finding
by a
court that the | ||||||
14 | patient is no longer subject to involuntary admission or
| ||||||
15 | judicial admission and issues an order so finding and | ||||||
16 | discharging the
patient; and upon the recommendation of the | ||||||
17 | Board to the
Secretary that
the licensee be allowed to resume | ||||||
18 | his or her practice.
| ||||||
19 | (d) The Department may refuse to issue or may suspend or | ||||||
20 | otherwise discipline the
license of any
person who fails to | ||||||
21 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
22 | a filed return, or to pay any final assessment of the tax,
| ||||||
23 | penalty, or interest as required by any tax Act administered | ||||||
24 | by the
Department of Revenue, until such time as the | ||||||
25 | requirements of any
such tax Act are satisfied.
| ||||||
26 | (e) In enforcing this Act, the Department,
upon a showing |
| |||||||
| |||||||
1 | of a
possible
violation, may compel an individual licensed to | ||||||
2 | practice under this Act or
who has applied for licensure under | ||||||
3 | this Act, to submit
to a mental or physical examination, or | ||||||
4 | both, as required by and at the expense
of the Department. The | ||||||
5 | Department may order the examining physician to
present
| ||||||
6 | testimony concerning the mental or physical examination of the | ||||||
7 | licensee or
applicant. No information shall be excluded by | ||||||
8 | reason of any common law or
statutory privilege relating to | ||||||
9 | communications between the licensee or
applicant and the | ||||||
10 | examining physician. The examining
physicians
shall be | ||||||
11 | specifically designated by the Department.
The individual to | ||||||
12 | be examined may have, at his or her own expense, another
| ||||||
13 | physician of his or her choice present during all
aspects of | ||||||
14 | this examination. Failure of an individual to submit to a | ||||||
15 | mental
or
physical examination, when directed, shall result in | ||||||
16 | an automatic
suspension without hearing.
| ||||||
17 | All substance-related violations shall mandate an | ||||||
18 | automatic substance abuse assessment. Failure to submit to an | ||||||
19 | assessment by a licensed physician who is certified as an | ||||||
20 | addictionist or an advanced practice registered nurse with | ||||||
21 | specialty certification in addictions may be grounds for an | ||||||
22 | automatic suspension, as defined by rule.
| ||||||
23 | If the Department finds an individual unable to practice | ||||||
24 | or unfit for duty because
of
the
reasons
set forth in this | ||||||
25 | subsection (e), the Department may require that individual
to | ||||||
26 | submit
to
a substance abuse evaluation or treatment by |
| |||||||
| |||||||
1 | individuals or programs
approved
or designated by the | ||||||
2 | Department, as a condition, term, or restriction
for | ||||||
3 | continued, restored, or
renewed licensure to practice; or, in | ||||||
4 | lieu of evaluation or treatment,
the Department may file, or
| ||||||
5 | the Board may recommend to the Department to file, a complaint | ||||||
6 | to immediately
suspend, revoke, or otherwise discipline the | ||||||
7 | license of the individual.
An individual whose
license was | ||||||
8 | granted, continued, restored, renewed, disciplined or | ||||||
9 | supervised
subject to such terms, conditions, or restrictions, | ||||||
10 | and who fails to comply
with
such terms, conditions, or | ||||||
11 | restrictions, shall be referred to the Secretary for
a
| ||||||
12 | determination as to whether the individual shall have his or | ||||||
13 | her license
suspended immediately, pending a hearing by the | ||||||
14 | Department.
| ||||||
15 | In instances in which the Secretary immediately suspends a | ||||||
16 | person's license
under this subsection (e), a hearing on that | ||||||
17 | person's license must be convened by
the Department within 15 | ||||||
18 | days after the suspension and completed without
appreciable
| ||||||
19 | delay.
The Department and Board shall have the authority to | ||||||
20 | review the subject
individual's record of
treatment and | ||||||
21 | counseling regarding the impairment to the extent permitted by
| ||||||
22 | applicable federal statutes and regulations safeguarding the | ||||||
23 | confidentiality of
medical records.
| ||||||
24 | An individual licensed under this Act and affected under | ||||||
25 | this subsection (e) shall
be
afforded an opportunity to | ||||||
26 | demonstrate to the Department that he or
she can resume
|
| |||||||
| |||||||
1 | practice in compliance with nursing standards under the
| ||||||
2 | provisions of his or her license.
| ||||||
3 | (Source: P.A. 100-513, eff. 1-1-18; 101-363, eff. 8-9-19; | ||||||
4 | revised 12-5-19.)
| ||||||
5 | Section 540. The Pharmacy Practice Act is amended by | ||||||
6 | changing Section 3 as follows:
| ||||||
7 | (225 ILCS 85/3)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
9 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
10 | where otherwise
limited therein:
| ||||||
11 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
12 | store, shop,
pharmacy department, or other place where | ||||||
13 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
14 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
15 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
16 | prescriptions of physicians, dentists, advanced practice | ||||||
17 | registered nurses, physician assistants, veterinarians, | ||||||
18 | podiatric physicians, or
optometrists, within the limits of | ||||||
19 | their
licenses, are
compounded, filled, or dispensed; or (3) | ||||||
20 | which has upon it or
displayed within
it, or affixed to or used | ||||||
21 | in connection with it, a sign bearing the word or
words | ||||||
22 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||||||
23 | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | ||||||
24 | "Drugs", "Dispensary", "Medicines", or any word
or words of |
| |||||||
| |||||||
1 | similar or like import, either in the English language
or any | ||||||
2 | other language; or (4) where the characteristic prescription
| ||||||
3 | sign (Rx) or similar design is exhibited; or (5) any store, or
| ||||||
4 | shop,
or other place with respect to which any of the above | ||||||
5 | words, objects,
signs or designs are used in any | ||||||
6 | advertisement.
| ||||||
7 | (b) "Drugs" means and includes (1) articles recognized
in | ||||||
8 | the official United States Pharmacopoeia/National Formulary | ||||||
9 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
10 | having for their
main use the diagnosis, cure, mitigation, | ||||||
11 | treatment or prevention of
disease in man or other animals, as | ||||||
12 | approved by the United States Food and
Drug Administration, | ||||||
13 | but does not include devices or their components, parts,
or | ||||||
14 | accessories; and (2) all other articles intended
for and | ||||||
15 | having for their main use the diagnosis, cure, mitigation,
| ||||||
16 | treatment or prevention of disease in man or other animals, as | ||||||
17 | approved
by the United States Food and Drug Administration, | ||||||
18 | but does not include
devices or their components, parts, or | ||||||
19 | accessories; and (3) articles
(other than food) having for | ||||||
20 | their main use and intended
to affect the structure or any | ||||||
21 | function of the body of man or other
animals; and (4) articles | ||||||
22 | having for their main use and intended
for use as a component | ||||||
23 | or any articles specified in clause (1), (2)
or (3); but does | ||||||
24 | not include devices or their components, parts or
accessories.
| ||||||
25 | (c) "Medicines" means and includes all drugs intended for
| ||||||
26 | human or veterinary use approved by the United States Food and |
| |||||||
| |||||||
1 | Drug
Administration.
| ||||||
2 | (d) "Practice of pharmacy" means: | ||||||
3 | (1) the interpretation and the provision of assistance | ||||||
4 | in the monitoring, evaluation, and implementation of | ||||||
5 | prescription drug orders; | ||||||
6 | (2) the dispensing of prescription drug orders; | ||||||
7 | (3) participation in drug and device selection; | ||||||
8 | (4) drug administration limited to the administration | ||||||
9 | of oral, topical, injectable, and inhalation as follows: | ||||||
10 | (A) in the context of patient education on the | ||||||
11 | proper use or delivery of medications; | ||||||
12 | (B) vaccination of patients 14 years of age and | ||||||
13 | older pursuant to a valid prescription or standing | ||||||
14 | order, by a physician licensed to practice medicine in | ||||||
15 | all its branches, upon completion of appropriate | ||||||
16 | training, including how to address contraindications | ||||||
17 | and adverse reactions set forth by rule, with | ||||||
18 | notification to the patient's physician and | ||||||
19 | appropriate record retention, or pursuant to hospital | ||||||
20 | pharmacy and therapeutics committee policies and | ||||||
21 | procedures; | ||||||
22 | (B-5) following the initial administration of | ||||||
23 | long-acting or extended-release extended release form | ||||||
24 | opioid antagonists by a physician licensed to practice | ||||||
25 | medicine in all its branches, administration of | ||||||
26 | injections of long-acting or extended-release form |
| |||||||
| |||||||
1 | opioid antagonists for the treatment of substance use | ||||||
2 | disorder, pursuant to a valid prescription by a | ||||||
3 | physician licensed to practice medicine in all its | ||||||
4 | branches, upon completion of appropriate training, | ||||||
5 | including how to address contraindications and adverse | ||||||
6 | reactions, including, but not limited to, respiratory | ||||||
7 | depression and the performance of cardiopulmonary | ||||||
8 | resuscitation, set forth by rule, with notification to | ||||||
9 | the patient's physician and appropriate record | ||||||
10 | retention, or pursuant to hospital pharmacy and | ||||||
11 | therapeutics committee policies and procedures; | ||||||
12 | (C) administration of injections of | ||||||
13 | alpha-hydroxyprogesterone caproate, pursuant to a | ||||||
14 | valid prescription, by a physician licensed to | ||||||
15 | practice medicine in all its branches, upon completion | ||||||
16 | of appropriate training, including how to address | ||||||
17 | contraindications and adverse reactions set forth by | ||||||
18 | rule, with notification to the patient's physician and | ||||||
19 | appropriate record retention, or pursuant to hospital | ||||||
20 | pharmacy and therapeutics committee policies and | ||||||
21 | procedures; and | ||||||
22 | (D) administration of injections of long-term | ||||||
23 | antipsychotic medications pursuant to a valid | ||||||
24 | prescription by a physician licensed to practice | ||||||
25 | medicine in all its branches, upon completion of | ||||||
26 | appropriate training conducted by an Accreditation |
| |||||||
| |||||||
1 | Council of Pharmaceutical Education accredited | ||||||
2 | provider, including how to address contraindications | ||||||
3 | and adverse reactions set forth by rule, with | ||||||
4 | notification to the patient's physician and | ||||||
5 | appropriate record retention, or pursuant to hospital | ||||||
6 | pharmacy and therapeutics committee policies and | ||||||
7 | procedures. | ||||||
8 | (5) vaccination of patients ages 10 through 13 limited | ||||||
9 | to the Influenza (inactivated influenza vaccine and live | ||||||
10 | attenuated influenza intranasal vaccine) and Tdap (defined | ||||||
11 | as tetanus, diphtheria, acellular pertussis) vaccines, | ||||||
12 | pursuant to a valid prescription or standing order, by a | ||||||
13 | physician licensed to practice medicine in all its | ||||||
14 | branches, upon completion of appropriate training, | ||||||
15 | including how to address contraindications and adverse | ||||||
16 | reactions set forth by rule, with notification to the | ||||||
17 | patient's physician and appropriate record retention, or | ||||||
18 | pursuant to hospital pharmacy and therapeutics committee | ||||||
19 | policies and procedures; | ||||||
20 | (6) drug regimen review; | ||||||
21 | (7) drug or drug-related research; | ||||||
22 | (8) the provision of patient counseling; | ||||||
23 | (9) the practice of telepharmacy; | ||||||
24 | (10) the provision of those acts or services necessary | ||||||
25 | to provide pharmacist care; | ||||||
26 | (11) medication therapy management; and |
| |||||||
| |||||||
1 | (12) the responsibility for compounding and labeling | ||||||
2 | of drugs and devices (except labeling by a manufacturer, | ||||||
3 | repackager, or distributor of non-prescription drugs and | ||||||
4 | commercially packaged legend drugs and devices), proper | ||||||
5 | and safe storage of drugs and devices, and maintenance of | ||||||
6 | required records. | ||||||
7 | A pharmacist who performs any of the acts defined as the | ||||||
8 | practice of pharmacy in this State must be actively licensed | ||||||
9 | as a pharmacist under this Act.
| ||||||
10 | (e) "Prescription" means and includes any written, oral, | ||||||
11 | facsimile, or
electronically transmitted order for drugs
or | ||||||
12 | medical devices, issued by a physician licensed to practice | ||||||
13 | medicine in
all its branches, dentist, veterinarian, podiatric | ||||||
14 | physician, or
optometrist, within the
limits of his or her | ||||||
15 | license, by a physician assistant in accordance with
| ||||||
16 | subsection (f) of Section 4, or by an advanced practice | ||||||
17 | registered nurse in
accordance with subsection (g) of Section | ||||||
18 | 4, containing the
following: (1) name
of the patient; (2) date | ||||||
19 | when prescription was issued; (3) name
and strength of drug or | ||||||
20 | description of the medical device prescribed;
and (4) | ||||||
21 | quantity; (5) directions for use; (6) prescriber's name,
| ||||||
22 | address,
and signature; and (7) DEA registration number where | ||||||
23 | required, for controlled
substances.
The prescription may, but | ||||||
24 | is not required to, list the illness, disease, or condition | ||||||
25 | for which the drug or device is being prescribed. DEA | ||||||
26 | registration numbers shall not be required on inpatient drug |
| |||||||
| |||||||
1 | orders. A prescription for medication other than controlled | ||||||
2 | substances shall be valid for up to 15 months from the date | ||||||
3 | issued for the purpose of refills, unless the prescription | ||||||
4 | states otherwise.
| ||||||
5 | (f) "Person" means and includes a natural person, | ||||||
6 | partnership,
association, corporation, government entity, or | ||||||
7 | any other legal
entity.
| ||||||
8 | (g) "Department" means the Department of Financial and
| ||||||
9 | Professional Regulation.
| ||||||
10 | (h) "Board of Pharmacy" or "Board" means the State Board
| ||||||
11 | of Pharmacy of the Department of Financial and Professional | ||||||
12 | Regulation.
| ||||||
13 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
14 | Professional Regulation.
| ||||||
15 | (j) "Drug product selection" means the interchange for a
| ||||||
16 | prescribed pharmaceutical product in accordance with Section | ||||||
17 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
18 | Cosmetic Act.
| ||||||
19 | (k) "Inpatient drug order" means an order issued by an | ||||||
20 | authorized
prescriber for a resident or patient of a facility | ||||||
21 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
22 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
23 | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | ||||||
24 | University of Illinois Hospital Act, or a facility which is | ||||||
25 | operated by the Department of Human
Services (as successor to | ||||||
26 | the Department of Mental Health
and Developmental |
| |||||||
| |||||||
1 | Disabilities) or the Department of Corrections.
| ||||||
2 | (k-5) "Pharmacist" means an individual health care | ||||||
3 | professional and
provider currently licensed by this State to | ||||||
4 | engage in the practice of
pharmacy.
| ||||||
5 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
6 | whose name appears
on a pharmacy license and who is | ||||||
7 | responsible for all aspects of the
operation related to the | ||||||
8 | practice of pharmacy.
| ||||||
9 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
10 | evaluation, and implementation of a prescription drug order, | ||||||
11 | including the preparation and delivery of a drug or device to a | ||||||
12 | patient or patient's agent in a suitable container | ||||||
13 | appropriately labeled for subsequent administration to or use | ||||||
14 | by a patient in accordance with applicable State and federal | ||||||
15 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
16 | the physical delivery to a patient or a
patient's | ||||||
17 | representative in a home or institution by a designee of a | ||||||
18 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
19 | also does not mean the physical delivery
of a drug or medical | ||||||
20 | device to a patient or patient's representative by a
| ||||||
21 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
22 | pharmacist is
on duty and the pharmacy is open.
| ||||||
23 | (n) "Nonresident pharmacy"
means a pharmacy that is | ||||||
24 | located in a state, commonwealth, or territory
of the United | ||||||
25 | States, other than Illinois, that delivers, dispenses, or
| ||||||
26 | distributes, through the United States Postal Service, |
| |||||||
| |||||||
1 | commercially acceptable parcel delivery service, or other | ||||||
2 | common
carrier, to Illinois residents, any substance which | ||||||
3 | requires a prescription.
| ||||||
4 | (o) "Compounding" means the preparation and mixing of | ||||||
5 | components, excluding flavorings, (1) as the result of a | ||||||
6 | prescriber's prescription drug order or initiative based on | ||||||
7 | the prescriber-patient-pharmacist relationship in the course | ||||||
8 | of professional practice or (2) for the purpose of, or | ||||||
9 | incident to, research, teaching, or chemical analysis and not | ||||||
10 | for sale or dispensing. "Compounding" includes the preparation | ||||||
11 | of drugs or devices in anticipation of receiving prescription | ||||||
12 | drug orders based on routine, regularly observed dispensing | ||||||
13 | patterns. Commercially available products may be compounded | ||||||
14 | for dispensing to individual patients only if all of the | ||||||
15 | following conditions are met: (i) the commercial product is | ||||||
16 | not reasonably available from normal distribution channels in | ||||||
17 | a timely manner to meet the patient's needs and (ii) the | ||||||
18 | prescribing practitioner has requested that the drug be | ||||||
19 | compounded.
| ||||||
20 | (p) (Blank).
| ||||||
21 | (q) (Blank).
| ||||||
22 | (r) "Patient counseling" means the communication between a | ||||||
23 | pharmacist or a student pharmacist under the supervision of a | ||||||
24 | pharmacist and a patient or the patient's representative about | ||||||
25 | the patient's medication or device for the purpose of | ||||||
26 | optimizing proper use of prescription medications or devices. |
| |||||||
| |||||||
1 | "Patient counseling" may include without limitation (1) | ||||||
2 | obtaining a medication history; (2) acquiring a patient's | ||||||
3 | allergies and health conditions; (3) facilitation of the | ||||||
4 | patient's understanding of the intended use of the medication; | ||||||
5 | (4) proper directions for use; (5) significant potential | ||||||
6 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
7 | the need to be compliant with the medication therapy. A | ||||||
8 | pharmacy technician may only participate in the following | ||||||
9 | aspects of patient counseling under the supervision of a | ||||||
10 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
11 | the offer for counseling by a pharmacist or student | ||||||
12 | pharmacist; and (3) acquiring a patient's allergies and health | ||||||
13 | conditions.
| ||||||
14 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
15 | means the
obtaining, recording, and maintenance of patient | ||||||
16 | prescription
information, including prescriptions for | ||||||
17 | controlled substances, and
personal information.
| ||||||
18 | (t) (Blank).
| ||||||
19 | (u) "Medical device" or "device" means an instrument, | ||||||
20 | apparatus, implement, machine,
contrivance, implant, in vitro | ||||||
21 | reagent, or other similar or related article,
including any | ||||||
22 | component part or accessory, required under federal law to
| ||||||
23 | bear the label "Caution: Federal law requires dispensing by or | ||||||
24 | on the order
of a physician". A seller of goods and services | ||||||
25 | who, only for the purpose of
retail sales, compounds, sells, | ||||||
26 | rents, or leases medical devices shall not,
by reasons |
| |||||||
| |||||||
1 | thereof, be required to be a licensed pharmacy.
| ||||||
2 | (v) "Unique identifier" means an electronic signature, | ||||||
3 | handwritten
signature or initials, thumb print, or other | ||||||
4 | acceptable biometric
or electronic identification process as | ||||||
5 | approved by the Department.
| ||||||
6 | (w) "Current usual and customary retail price" means the | ||||||
7 | price that a pharmacy charges to a non-third-party payor.
| ||||||
8 | (x) "Automated pharmacy system" means a mechanical system | ||||||
9 | located within the confines of the pharmacy or remote location | ||||||
10 | that performs operations or activities, other than compounding | ||||||
11 | or administration, relative to storage, packaging, dispensing, | ||||||
12 | or distribution of medication, and which collects, controls, | ||||||
13 | and maintains all transaction information. | ||||||
14 | (y) "Drug regimen review" means and includes the | ||||||
15 | evaluation of prescription drug orders and patient records for | ||||||
16 | (1)
known allergies; (2) drug or potential therapy | ||||||
17 | contraindications;
(3) reasonable dose, duration of use, and | ||||||
18 | route of administration, taking into consideration factors | ||||||
19 | such as age, gender, and contraindications; (4) reasonable | ||||||
20 | directions for use; (5) potential or actual adverse drug | ||||||
21 | reactions; (6) drug-drug interactions; (7) drug-food | ||||||
22 | interactions; (8) drug-disease contraindications; (9) | ||||||
23 | therapeutic duplication; (10) patient laboratory values when | ||||||
24 | authorized and available; (11) proper utilization (including | ||||||
25 | over or under utilization) and optimum therapeutic outcomes; | ||||||
26 | and (12) abuse and misuse.
|
| |||||||
| |||||||
1 | (z) "Electronically transmitted prescription" means a | ||||||
2 | prescription that is created, recorded, or stored by | ||||||
3 | electronic means; issued and validated with an electronic | ||||||
4 | signature; and transmitted by electronic means directly from | ||||||
5 | the prescriber to a pharmacy. An electronic prescription is | ||||||
6 | not an image of a physical prescription that is transferred by | ||||||
7 | electronic means from computer to computer, facsimile to | ||||||
8 | facsimile, or facsimile to computer.
| ||||||
9 | (aa) "Medication therapy management services" means a | ||||||
10 | distinct service or group of services offered by licensed | ||||||
11 | pharmacists, physicians licensed to practice medicine in all | ||||||
12 | its branches, advanced practice registered nurses authorized | ||||||
13 | in a written agreement with a physician licensed to practice | ||||||
14 | medicine in all its branches, or physician assistants | ||||||
15 | authorized in guidelines by a supervising physician that | ||||||
16 | optimize therapeutic outcomes for individual patients through | ||||||
17 | improved medication use. In a retail or other non-hospital | ||||||
18 | pharmacy, medication therapy management services shall consist | ||||||
19 | of the evaluation of prescription drug orders and patient | ||||||
20 | medication records to resolve conflicts with the following: | ||||||
21 | (1) known allergies; | ||||||
22 | (2) drug or potential therapy contraindications; | ||||||
23 | (3) reasonable dose, duration of use, and route of | ||||||
24 | administration, taking into consideration factors such as | ||||||
25 | age, gender, and contraindications; | ||||||
26 | (4) reasonable directions for use; |
| |||||||
| |||||||
1 | (5) potential or actual adverse drug reactions; | ||||||
2 | (6) drug-drug interactions; | ||||||
3 | (7) drug-food interactions; | ||||||
4 | (8) drug-disease contraindications; | ||||||
5 | (9) identification of therapeutic duplication; | ||||||
6 | (10) patient laboratory values when authorized and | ||||||
7 | available; | ||||||
8 | (11) proper utilization (including over or under | ||||||
9 | utilization) and optimum therapeutic outcomes; and | ||||||
10 | (12) drug abuse and misuse. | ||||||
11 | "Medication therapy management services" includes the | ||||||
12 | following: | ||||||
13 | (1) documenting the services delivered and | ||||||
14 | communicating the information provided to patients' | ||||||
15 | prescribers within an appropriate time frame, not to | ||||||
16 | exceed 48 hours; | ||||||
17 | (2) providing patient counseling designed to enhance a | ||||||
18 | patient's understanding and the appropriate use of his or | ||||||
19 | her medications; and | ||||||
20 | (3) providing information, support services, and | ||||||
21 | resources designed to enhance a patient's adherence with | ||||||
22 | his or her prescribed therapeutic regimens. | ||||||
23 | "Medication therapy management services" may also include | ||||||
24 | patient care functions authorized by a physician licensed to | ||||||
25 | practice medicine in all its branches for his or her | ||||||
26 | identified patient or groups of patients under specified |
| |||||||
| |||||||
1 | conditions or limitations in a standing order from the | ||||||
2 | physician. | ||||||
3 | "Medication therapy management services" in a licensed | ||||||
4 | hospital may also include the following: | ||||||
5 | (1) reviewing assessments of the patient's health | ||||||
6 | status; and | ||||||
7 | (2) following protocols of a hospital pharmacy and | ||||||
8 | therapeutics committee with respect to the fulfillment of | ||||||
9 | medication orders.
| ||||||
10 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
11 | of medication therapy management services, with or without the | ||||||
12 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
13 | that improve patient health, quality of life, and comfort and | ||||||
14 | enhance patient safety.
| ||||||
15 | (cc) "Protected health information" means individually | ||||||
16 | identifiable health information that, except as otherwise | ||||||
17 | provided, is:
| ||||||
18 | (1) transmitted by electronic media; | ||||||
19 | (2) maintained in any medium set forth in the | ||||||
20 | definition of "electronic media" in the federal Health | ||||||
21 | Insurance Portability and Accountability Act; or | ||||||
22 | (3) transmitted or maintained in any other form or | ||||||
23 | medium. | ||||||
24 | "Protected health information" does not include | ||||||
25 | individually identifiable health information found in: | ||||||
26 | (1) education records covered by the federal Family |
| |||||||
| |||||||
1 | Educational Right and Privacy Act; or | ||||||
2 | (2) employment records held by a licensee in its role | ||||||
3 | as an employer. | ||||||
4 | (dd) "Standing order" means a specific order for a patient | ||||||
5 | or group of patients issued by a physician licensed to | ||||||
6 | practice medicine in all its branches in Illinois. | ||||||
7 | (ee) "Address of record" means the designated address | ||||||
8 | recorded by the Department in the applicant's application file | ||||||
9 | or licensee's license file maintained by the Department's | ||||||
10 | licensure maintenance unit. | ||||||
11 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
12 | primary operations.
| ||||||
13 | (gg) "Email address of record" means the designated email | ||||||
14 | address recorded by the Department in the applicant's | ||||||
15 | application file or the licensee's license file, as maintained | ||||||
16 | by the Department's licensure maintenance unit. | ||||||
17 | (Source: P.A. 100-208, eff. 1-1-18; 100-497, eff. 9-8-17; | ||||||
18 | 100-513, eff. 1-1-18; 100-804, eff. 1-1-19; 100-863, eff. | ||||||
19 | 8-14-18; 101-349, eff. 1-1-20; revised 8-21-20.)
| ||||||
20 | Section 545. The Physician Assistant Practice Act of 1987 | ||||||
21 | is amended by changing Sections 7.5 and 21 as follows:
| ||||||
22 | (225 ILCS 95/7.5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
24 | Sec. 7.5. Written collaborative agreements; prescriptive |
| |||||||
| |||||||
1 | authority. | ||||||
2 | (a) A written collaborative agreement is required for all | ||||||
3 | physician assistants to practice in the State, except as | ||||||
4 | provided in Section 7.7 of this Act. | ||||||
5 | (1) A written collaborative agreement shall describe | ||||||
6 | the working relationship of the physician assistant with | ||||||
7 | the collaborating physician and shall describe the | ||||||
8 | categories of care, treatment, or procedures to be | ||||||
9 | provided by the physician assistant.
The written | ||||||
10 | collaborative agreement shall promote the exercise of | ||||||
11 | professional judgment by the physician assistant | ||||||
12 | commensurate with his or her education and experience. The | ||||||
13 | services to be provided by the physician assistant shall | ||||||
14 | be services that the collaborating physician is authorized | ||||||
15 | to and generally provides to his or her patients in the | ||||||
16 | normal course of his or her clinical medical practice. The | ||||||
17 | written collaborative agreement need not describe the | ||||||
18 | exact steps that a physician assistant must take with | ||||||
19 | respect to each specific condition, disease, or symptom | ||||||
20 | but must specify which authorized procedures require the | ||||||
21 | presence of the collaborating physician as the procedures | ||||||
22 | are being performed. The relationship under a written | ||||||
23 | collaborative agreement shall not be construed to require | ||||||
24 | the personal presence of a physician at the place where | ||||||
25 | services are rendered. Methods of communication shall be | ||||||
26 | available for consultation with the collaborating |
| |||||||
| |||||||
1 | physician in person or by telecommunications or electronic | ||||||
2 | communications as set forth in the written collaborative | ||||||
3 | agreement. For the purposes of this Act, "generally | ||||||
4 | provides to his or her patients in the normal course of his | ||||||
5 | or her clinical medical practice" means services, not | ||||||
6 | specific tasks or duties, the collaborating physician | ||||||
7 | routinely provides individually or through delegation to | ||||||
8 | other persons so that the physician has the experience and | ||||||
9 | ability to collaborate and provide consultation. | ||||||
10 | (2) The written collaborative agreement shall be | ||||||
11 | adequate if a physician does each of the following: | ||||||
12 | (A) Participates in the joint formulation and | ||||||
13 | joint approval of orders or guidelines with the | ||||||
14 | physician assistant and he or she periodically reviews | ||||||
15 | such orders and the services provided patients under | ||||||
16 | such orders in accordance with accepted standards of | ||||||
17 | medical practice and physician assistant practice. | ||||||
18 | (B) Provides consultation at least once a month. | ||||||
19 | (3) A copy of the signed, written collaborative | ||||||
20 | agreement must be available to the Department upon request | ||||||
21 | from both the physician assistant and the collaborating | ||||||
22 | physician. | ||||||
23 | (4) A physician assistant shall inform each | ||||||
24 | collaborating physician of all written collaborative | ||||||
25 | agreements he or she has signed and provide a copy of these | ||||||
26 | to any collaborating physician upon request. |
| |||||||
| |||||||
1 | (b) A collaborating physician may, but is not required to, | ||||||
2 | delegate prescriptive authority to a physician assistant as | ||||||
3 | part of a written collaborative agreement. This authority may, | ||||||
4 | but is not required to, include prescription of, selection of, | ||||||
5 | orders for, administration of, storage of, acceptance of | ||||||
6 | samples of, and dispensing medical devices, over the counter | ||||||
7 | medications, legend drugs, medical gases, and controlled | ||||||
8 | substances categorized as Schedule II through V controlled | ||||||
9 | substances, as defined in Article II of the Illinois | ||||||
10 | Controlled Substances Act, and other preparations, including, | ||||||
11 | but not limited to, botanical and herbal remedies. The | ||||||
12 | collaborating physician must have a valid, current Illinois | ||||||
13 | controlled substance license and federal registration with the | ||||||
14 | Drug Enforcement Administration Agency to delegate the | ||||||
15 | authority to prescribe controlled substances. | ||||||
16 | (1) To prescribe Schedule II, III, IV, or V controlled | ||||||
17 | substances under this
Section, a physician assistant must | ||||||
18 | obtain a mid-level practitioner
controlled substances | ||||||
19 | license. Medication orders issued by a
physician
assistant | ||||||
20 | shall be reviewed
periodically by the collaborating | ||||||
21 | physician. | ||||||
22 | (2) The collaborating physician shall file
with the | ||||||
23 | Department notice of delegation of prescriptive authority | ||||||
24 | to a
physician assistant and
termination of delegation, | ||||||
25 | specifying the authority delegated or terminated.
Upon | ||||||
26 | receipt of this notice delegating authority to prescribe |
| |||||||
| |||||||
1 | controlled substances, the physician assistant shall be | ||||||
2 | eligible to
register for a mid-level practitioner | ||||||
3 | controlled substances license under
Section 303.05 of the | ||||||
4 | Illinois Controlled Substances Act.
Nothing in this Act | ||||||
5 | shall be construed to limit the delegation of tasks or
| ||||||
6 | duties by the collaborating physician to a nurse or other | ||||||
7 | appropriately trained
persons in accordance with Section | ||||||
8 | 54.2 of the Medical Practice Act of 1987.
| ||||||
9 | (3) In addition to the requirements of this subsection | ||||||
10 | (b), a collaborating physician may, but is not required | ||||||
11 | to, delegate authority to a physician assistant to | ||||||
12 | prescribe Schedule II controlled substances, if all of the | ||||||
13 | following conditions apply: | ||||||
14 | (A) Specific Schedule II controlled substances by | ||||||
15 | oral dosage or topical or transdermal application may | ||||||
16 | be delegated, provided that the delegated Schedule II | ||||||
17 | controlled substances are routinely prescribed by the | ||||||
18 | collaborating physician. This delegation must identify | ||||||
19 | the specific Schedule II controlled substances by | ||||||
20 | either brand name or generic name. Schedule II | ||||||
21 | controlled substances to be delivered by injection or | ||||||
22 | other route of administration may not be delegated. | ||||||
23 | (B) (Blank). | ||||||
24 | (C) Any prescription must be limited to no more | ||||||
25 | than a 30-day supply, with any continuation authorized | ||||||
26 | only after prior approval of the collaborating |
| |||||||
| |||||||
1 | physician. | ||||||
2 | (D) The physician assistant must discuss the | ||||||
3 | condition of any patients for whom a controlled | ||||||
4 | substance is prescribed monthly with the collaborating | ||||||
5 | physician. | ||||||
6 | (E) The physician assistant meets the education | ||||||
7 | requirements of Section 303.05 of the Illinois | ||||||
8 | Controlled Substances Act. | ||||||
9 | (c) Nothing in this Act shall be construed to limit the | ||||||
10 | delegation of tasks or duties by a physician to a licensed | ||||||
11 | practical nurse, a registered professional nurse, or other | ||||||
12 | persons. Nothing in this Act shall be construed to limit the | ||||||
13 | method of delegation that may be authorized by any means, | ||||||
14 | including, but not limited to, oral, written, electronic, | ||||||
15 | standing orders, protocols, guidelines, or verbal orders. | ||||||
16 | Nothing in this Act shall be construed to authorize a | ||||||
17 | physician assistant to provide health care services required | ||||||
18 | by law or rule to be performed by a physician. Nothing in this | ||||||
19 | Act shall be construed to authorize the delegation or | ||||||
20 | performance of operative surgery. Nothing in this Section | ||||||
21 | shall be construed to preclude a physician assistant from | ||||||
22 | assisting in surgery. | ||||||
23 | (c-5) Nothing in this Section shall be construed to apply
| ||||||
24 | to any medication authority, including Schedule II controlled
| ||||||
25 | substances of a licensed physician assistant for care provided
| ||||||
26 | in a hospital, hospital affiliate, or ambulatory surgical
|
| |||||||
| |||||||
1 | treatment center pursuant to Section 7.7 of this Act.
| ||||||
2 | (d) (Blank). | ||||||
3 | (e) Nothing in this Section shall be construed to prohibit | ||||||
4 | generic substitution. | ||||||
5 | (Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19; | ||||||
6 | revised 8-24-20.)
| ||||||
7 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
9 | Sec. 21. Grounds for disciplinary action.
| ||||||
10 | (a) The Department may refuse to issue or to renew, or may
| ||||||
11 | revoke, suspend, place on probation, reprimand, or take other
| ||||||
12 | disciplinary or non-disciplinary action with regard to any | ||||||
13 | license issued under this Act as the
Department may deem | ||||||
14 | proper, including the issuance of fines not to exceed
$10,000
| ||||||
15 | for each violation, for any one or combination of the | ||||||
16 | following causes:
| ||||||
17 | (1) Material misstatement in furnishing information to | ||||||
18 | the Department.
| ||||||
19 | (2) Violations of this Act, or the rules adopted under | ||||||
20 | this Act.
| ||||||
21 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
22 | finding of guilt, jury verdict, or entry of judgment or | ||||||
23 | sentencing, including, but not limited to, convictions, | ||||||
24 | preceding sentences of supervision, conditional discharge, | ||||||
25 | or first offender probation, under the laws of any |
| |||||||
| |||||||
1 | jurisdiction of the United States that is: (i) a felony; | ||||||
2 | or (ii) a misdemeanor, an essential element of which is | ||||||
3 | dishonesty, or that is directly related to the practice of | ||||||
4 | the profession.
| ||||||
5 | (4) Making any misrepresentation for the purpose of | ||||||
6 | obtaining licenses.
| ||||||
7 | (5) Professional incompetence.
| ||||||
8 | (6) Aiding or assisting another person in violating | ||||||
9 | any provision of this
Act or its rules.
| ||||||
10 | (7) Failing, within 60 days, to provide information in | ||||||
11 | response to a
written request made by the Department.
| ||||||
12 | (8) Engaging in dishonorable, unethical, or | ||||||
13 | unprofessional conduct, as
defined by rule, of a character | ||||||
14 | likely to deceive, defraud, or harm the public.
| ||||||
15 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
16 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
17 | that results in a physician
assistant's inability to | ||||||
18 | practice with reasonable judgment, skill, or safety.
| ||||||
19 | (10) Discipline by another U.S. jurisdiction or | ||||||
20 | foreign nation, if at
least one of the grounds for | ||||||
21 | discipline is the same or substantially equivalent
to | ||||||
22 | those set forth in this Section.
| ||||||
23 | (11) Directly or indirectly giving to or receiving | ||||||
24 | from any person, firm,
corporation, partnership, or | ||||||
25 | association any fee, commission, rebate or
other form of | ||||||
26 | compensation for any professional services not actually or
|
| |||||||
| |||||||
1 | personally rendered. Nothing in this paragraph (11) | ||||||
2 | affects any bona fide independent contractor or employment | ||||||
3 | arrangements, which may include provisions for | ||||||
4 | compensation, health insurance, pension, or other | ||||||
5 | employment benefits, with persons or entities authorized | ||||||
6 | under this Act for the provision of services within the | ||||||
7 | scope of the licensee's practice under this Act.
| ||||||
8 | (12) A finding by the Disciplinary Board that the | ||||||
9 | licensee, after having
his or her license placed on | ||||||
10 | probationary status has violated the terms of
probation.
| ||||||
11 | (13) Abandonment of a patient.
| ||||||
12 | (14) Willfully making or filing false records or | ||||||
13 | reports in his or her
practice, including but not limited | ||||||
14 | to false records filed with state agencies
or departments.
| ||||||
15 | (15) Willfully failing to report an instance of | ||||||
16 | suspected child abuse or
neglect as required by the Abused | ||||||
17 | and Neglected Child Reporting Act.
| ||||||
18 | (16) Physical illness, or mental illness or impairment
| ||||||
19 | that results in the inability to practice the profession | ||||||
20 | with
reasonable judgment, skill, or safety, including, but | ||||||
21 | not limited to, deterioration through the aging process or | ||||||
22 | loss of motor skill.
| ||||||
23 | (17) Being named as a perpetrator in an indicated | ||||||
24 | report by the
Department of Children and Family Services | ||||||
25 | under the Abused and
Neglected Child Reporting Act, and | ||||||
26 | upon proof by clear and convincing evidence
that the |
| |||||||
| |||||||
1 | licensee has caused a child to be an abused child or | ||||||
2 | neglected child
as defined in the Abused and Neglected | ||||||
3 | Child Reporting Act.
| ||||||
4 | (18) (Blank).
| ||||||
5 | (19) Gross negligence
resulting in permanent injury or | ||||||
6 | death
of a patient.
| ||||||
7 | (20) Employment of fraud, deception or any unlawful | ||||||
8 | means in applying for
or securing a license as a physician | ||||||
9 | assistant.
| ||||||
10 | (21) Exceeding the authority delegated to him or her | ||||||
11 | by his or her collaborating
physician in a written | ||||||
12 | collaborative agreement.
| ||||||
13 | (22) Immoral conduct in the commission of any act, | ||||||
14 | such as sexual abuse,
sexual misconduct, or sexual | ||||||
15 | exploitation related to the licensee's practice.
| ||||||
16 | (23) Violation of the Health Care Worker Self-Referral | ||||||
17 | Act.
| ||||||
18 | (24) Practicing under a false or assumed name, except | ||||||
19 | as provided by law.
| ||||||
20 | (25) Making a false or misleading statement regarding | ||||||
21 | his or her skill or
the efficacy or value of the medicine, | ||||||
22 | treatment, or remedy prescribed by him
or her in the | ||||||
23 | course of treatment.
| ||||||
24 | (26) Allowing another person to use his or her license | ||||||
25 | to practice.
| ||||||
26 | (27) Prescribing, selling, administering, |
| |||||||
| |||||||
1 | distributing, giving, or
self-administering a drug | ||||||
2 | classified as a controlled substance for other than | ||||||
3 | medically accepted medically-accepted therapeutic | ||||||
4 | purposes.
| ||||||
5 | (28) Promotion of the sale of drugs, devices, | ||||||
6 | appliances, or goods
provided for a patient in a manner to | ||||||
7 | exploit the patient for financial gain.
| ||||||
8 | (29) A pattern of practice or other behavior that | ||||||
9 | demonstrates incapacity
or incompetence to practice under | ||||||
10 | this Act.
| ||||||
11 | (30) Violating State or federal laws or regulations | ||||||
12 | relating to controlled
substances or other legend drugs or | ||||||
13 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
14 | (31) Exceeding the prescriptive authority delegated by | ||||||
15 | the collaborating
physician or violating the written | ||||||
16 | collaborative agreement delegating that
authority.
| ||||||
17 | (32) Practicing without providing to the Department a | ||||||
18 | notice of collaboration
or delegation of
prescriptive | ||||||
19 | authority.
| ||||||
20 | (33) Failure to establish and maintain records of | ||||||
21 | patient care and treatment as required by law. | ||||||
22 | (34) Attempting to subvert or cheat on the examination | ||||||
23 | of the National Commission on Certification of Physician | ||||||
24 | Assistants or its successor agency. | ||||||
25 | (35) Willfully or negligently violating the | ||||||
26 | confidentiality between physician assistant and patient, |
| |||||||
| |||||||
1 | except as required by law. | ||||||
2 | (36) Willfully failing to report an instance of | ||||||
3 | suspected abuse, neglect, financial exploitation, or | ||||||
4 | self-neglect of an eligible adult as defined in and | ||||||
5 | required by the Adult Protective Services Act. | ||||||
6 | (37) Being named as an abuser in a verified report by | ||||||
7 | the Department on Aging under the Adult Protective | ||||||
8 | Services Act and upon proof by clear and convincing | ||||||
9 | evidence that the licensee abused, neglected, or | ||||||
10 | financially exploited an eligible adult as defined in the | ||||||
11 | Adult Protective Services Act. | ||||||
12 | (38) Failure to report to the Department an adverse | ||||||
13 | final action taken against him or her by another licensing | ||||||
14 | jurisdiction of the United States or a foreign state or | ||||||
15 | country, a peer review body, a health care institution, a | ||||||
16 | professional society or association, a governmental | ||||||
17 | agency, a law enforcement agency, or a court acts or | ||||||
18 | conduct similar to acts or conduct that would constitute | ||||||
19 | grounds for action under this Section. | ||||||
20 | (39) Failure to provide copies of records of patient | ||||||
21 | care or treatment, except as required by law. | ||||||
22 | (40) Entering into an excessive number of written | ||||||
23 | collaborative agreements with licensed physicians | ||||||
24 | resulting in an inability to adequately collaborate. | ||||||
25 | (41) Repeated failure to adequately collaborate with a | ||||||
26 | collaborating physician. |
| |||||||
| |||||||
1 | (42) Violating the Compassionate Use of Medical | ||||||
2 | Cannabis Program Act. | ||||||
3 | (b) The Department may, without a hearing, refuse to issue | ||||||
4 | or renew or may suspend the license of any
person who fails to | ||||||
5 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
6 | a filed return, or to pay any final assessment of the tax,
| ||||||
7 | penalty, or interest as required by any tax Act administered | ||||||
8 | by the
Illinois Department of Revenue, until such time as the | ||||||
9 | requirements of any
such tax Act are satisfied.
| ||||||
10 | (c) The determination by a circuit court that a licensee | ||||||
11 | is subject to
involuntary admission or judicial admission as | ||||||
12 | provided in the Mental Health
and Developmental Disabilities | ||||||
13 | Code operates as an automatic suspension.
The
suspension will | ||||||
14 | end only upon a finding by a court that the patient is no
| ||||||
15 | longer subject to involuntary admission or judicial admission | ||||||
16 | and issues an
order so finding and discharging the patient, | ||||||
17 | and upon the
recommendation of
the Disciplinary Board to the | ||||||
18 | Secretary
that the licensee be allowed to resume
his or her | ||||||
19 | practice.
| ||||||
20 | (d) In enforcing this Section, the Department upon a | ||||||
21 | showing of a
possible
violation may compel an individual | ||||||
22 | licensed to practice under this Act, or
who has applied for | ||||||
23 | licensure under this Act, to submit
to a mental or physical | ||||||
24 | examination, or both, which may include a substance abuse or | ||||||
25 | sexual offender evaluation, as required by and at the expense
| ||||||
26 | of the Department. |
| |||||||
| |||||||
1 | The Department shall specifically designate the examining | ||||||
2 | physician licensed to practice medicine in all of its branches | ||||||
3 | or, if applicable, the multidisciplinary team involved in | ||||||
4 | providing the mental or physical examination or both. The | ||||||
5 | multidisciplinary team shall be led by a physician licensed to | ||||||
6 | practice medicine in all of its branches and may consist of one | ||||||
7 | or more or a combination of physicians licensed to practice | ||||||
8 | medicine in all of its branches, licensed clinical | ||||||
9 | psychologists, licensed clinical social workers, licensed | ||||||
10 | clinical professional counselors, and other professional and | ||||||
11 | administrative staff. Any examining physician or member of the | ||||||
12 | multidisciplinary team may require any person ordered to | ||||||
13 | submit to an examination pursuant to this Section to submit to | ||||||
14 | any additional supplemental testing deemed necessary to | ||||||
15 | complete any examination or evaluation process, including, but | ||||||
16 | not limited to, blood testing, urinalysis, psychological | ||||||
17 | testing, or neuropsychological testing. | ||||||
18 | The Department may order the examining physician or any | ||||||
19 | member of the multidisciplinary team to provide to the | ||||||
20 | Department any and all records, including business records, | ||||||
21 | that relate to the examination and evaluation, including any | ||||||
22 | supplemental testing performed. | ||||||
23 | The Department may order the examining physician or any | ||||||
24 | member of the multidisciplinary team to
present
testimony | ||||||
25 | concerning the mental or physical examination of the licensee | ||||||
26 | or
applicant. No information, report, record, or other |
| |||||||
| |||||||
1 | documents in any way related to the examination shall be | ||||||
2 | excluded by reason of any common law or
statutory privilege | ||||||
3 | relating to communications between the licensee or
applicant | ||||||
4 | and the examining physician or any member of the | ||||||
5 | multidisciplinary team. No authorization is necessary from the | ||||||
6 | licensee or applicant ordered to undergo an examination for | ||||||
7 | the examining physician or any member of the multidisciplinary | ||||||
8 | team to provide information, reports, records, or other | ||||||
9 | documents or to provide any testimony regarding the | ||||||
10 | examination and evaluation. | ||||||
11 | The individual to be examined may have, at his or her own | ||||||
12 | expense, another
physician of his or her choice present during | ||||||
13 | all
aspects of this examination. However, that physician shall | ||||||
14 | be present only to observe and may not interfere in any way | ||||||
15 | with the examination. | ||||||
16 | Failure of an individual to submit to a mental
or
physical | ||||||
17 | examination, when ordered, shall result in an automatic | ||||||
18 | suspension of his or
her
license until the individual submits | ||||||
19 | to the examination.
| ||||||
20 | If the Department finds an individual unable to practice | ||||||
21 | because of
the
reasons
set forth in this Section, the | ||||||
22 | Department may require that individual
to submit
to
care, | ||||||
23 | counseling, or treatment by physicians approved
or designated | ||||||
24 | by the Department, as a condition, term, or restriction
for | ||||||
25 | continued,
reinstated, or
renewed licensure to practice; or, | ||||||
26 | in lieu of care, counseling, or treatment,
the Department may |
| |||||||
| |||||||
1 | file
a complaint to immediately
suspend, revoke, or otherwise | ||||||
2 | discipline the license of the individual.
An individual whose
| ||||||
3 | license was granted, continued, reinstated, renewed, | ||||||
4 | disciplined, or supervised
subject to such terms, conditions, | ||||||
5 | or restrictions, and who fails to comply
with
such terms, | ||||||
6 | conditions, or restrictions, shall be referred to the | ||||||
7 | Secretary
for
a
determination as to whether the individual | ||||||
8 | shall have his or her license
suspended immediately, pending a | ||||||
9 | hearing by the Department.
| ||||||
10 | In instances in which the Secretary
immediately suspends a | ||||||
11 | person's license
under this Section, a hearing on that | ||||||
12 | person's license must be convened by
the Department within 30
| ||||||
13 | days after the suspension and completed without
appreciable
| ||||||
14 | delay.
The Department shall have the authority to review the | ||||||
15 | subject
individual's record of
treatment and counseling | ||||||
16 | regarding the impairment to the extent permitted by
applicable | ||||||
17 | federal statutes and regulations safeguarding the | ||||||
18 | confidentiality of
medical records.
| ||||||
19 | An individual licensed under this Act and affected under | ||||||
20 | this Section shall
be
afforded an opportunity to demonstrate | ||||||
21 | to the Department that he or
she can resume
practice in | ||||||
22 | compliance with acceptable and prevailing standards under the
| ||||||
23 | provisions of his or her license.
| ||||||
24 | (e) An individual or organization acting in good faith, | ||||||
25 | and not in a willful and wanton manner, in complying with this | ||||||
26 | Section by providing a report or other information to the |
| |||||||
| |||||||
1 | Board, by assisting in the investigation or preparation of a | ||||||
2 | report or information, by participating in proceedings of the | ||||||
3 | Board, or by serving as a member of the Board, shall not be | ||||||
4 | subject to criminal prosecution or civil damages as a result | ||||||
5 | of such actions. | ||||||
6 | (f) Members of the Board and the Disciplinary Board shall | ||||||
7 | be indemnified by the State for any actions occurring within | ||||||
8 | the scope of services on the Disciplinary Board or Board, done | ||||||
9 | in good faith and not willful and wanton in nature. The | ||||||
10 | Attorney General shall defend all such actions unless he or | ||||||
11 | she determines either that there would be a conflict of | ||||||
12 | interest in such representation or that the actions complained | ||||||
13 | of were not in good faith or were willful and wanton. | ||||||
14 | If the Attorney General declines representation, the | ||||||
15 | member has the right to employ counsel of his or her choice, | ||||||
16 | whose fees shall be provided by the State, after approval by | ||||||
17 | the Attorney General, unless there is a determination by a | ||||||
18 | court that the member's actions were not in good faith or were | ||||||
19 | willful and wanton. | ||||||
20 | The member must notify the Attorney General within 7 days | ||||||
21 | after receipt of notice of the initiation of any action | ||||||
22 | involving services of the Disciplinary Board. Failure to so | ||||||
23 | notify the Attorney General constitutes an absolute waiver of | ||||||
24 | the right to a defense and indemnification. | ||||||
25 | The Attorney General shall determine, within 7 days after | ||||||
26 | receiving such notice, whether he or she will undertake to |
| |||||||
| |||||||
1 | represent the member. | ||||||
2 | (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19; | ||||||
3 | 101-363, eff. 8-9-19; revised 12-5-19.)
| ||||||
4 | Section 550. The Perfusionist Practice Act is amended by | ||||||
5 | changing Sections 105 and 210 as follows:
| ||||||
6 | (225 ILCS 125/105)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
8 | Sec. 105. Grounds for disciplinary action.
| ||||||
9 | (a) The Department may refuse to issue, renew, or restore | ||||||
10 | a
license, or may revoke, suspend, place on
probation, | ||||||
11 | reprimand, or take any other disciplinary or non-disciplinary
| ||||||
12 | action as the Department may deem proper,
including fines not | ||||||
13 | to
exceed $10,000 per violation with regard to any license | ||||||
14 | issued under this Act, for any one or a combination
of the | ||||||
15 | following reasons:
| ||||||
16 | (1) Making a material misstatement in furnishing
| ||||||
17 | information to the Department.
| ||||||
18 | (2) Negligence, incompetence, or misconduct in the | ||||||
19 | practice of perfusion.
| ||||||
20 | (3) Failure to comply with any provisions of this Act | ||||||
21 | or any of its rules.
| ||||||
22 | (4) Fraud or any misrepresentation in applying for or | ||||||
23 | procuring a license under this Act or in connection with | ||||||
24 | applying for renewal or restoration of a license under |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (5) Purposefully making false statements or signing | ||||||
3 | false statements, certificates, or affidavits to induce | ||||||
4 | payment.
| ||||||
5 | (6) Conviction of or entry of a plea of guilty or nolo | ||||||
6 | contendere, finding of guilt, jury verdict, or entry of | ||||||
7 | judgment or sentencing, including, but not limited to, | ||||||
8 | convictions, preceding sentences of supervision, | ||||||
9 | conditional discharge, or first offender probation under | ||||||
10 | the laws of any jurisdiction of the United States that is | ||||||
11 | (i) a felony or (ii) a misdemeanor, an essential element | ||||||
12 | of which is dishonesty, that is directly related to the | ||||||
13 | practice of the profession of perfusion.
| ||||||
14 | (7) Aiding or assisting another in violating any | ||||||
15 | provision of this Act or its rules.
| ||||||
16 | (8) Failing to provide information in response to a | ||||||
17 | written request made by the Department within 60 days | ||||||
18 | after receipt of such written request.
| ||||||
19 | (9) Engaging in dishonorable, unethical, or | ||||||
20 | unprofessional conduct of a character likely to deceive, | ||||||
21 | defraud, or harm the public as defined by rule.
| ||||||
22 | (10) Habitual or excessive use or abuse of drugs | ||||||
23 | defined in law as controlled substances, of alcohol, | ||||||
24 | narcotics, stimulants, or any other substances that | ||||||
25 | results in the inability to practice with reasonable | ||||||
26 | judgment, skill, or safety.
|
| |||||||
| |||||||
1 | (11) A finding by the Department that an applicant or | ||||||
2 | licensee has failed to pay a fine imposed by the | ||||||
3 | Department.
| ||||||
4 | (12) A finding by the Department that the licensee, | ||||||
5 | after having his or her license placed on probationary | ||||||
6 | status, has violated the terms of probation, or failed to | ||||||
7 | comply with such terms.
| ||||||
8 | (13) Inability to practice the profession with | ||||||
9 | reasonable judgment, skill, or safety as a result of | ||||||
10 | physical illness, including, but not limited to, | ||||||
11 | deterioration through the aging process, loss of motor | ||||||
12 | skill, mental illness, or disability.
| ||||||
13 | (14) Discipline by another state, territory, foreign | ||||||
14 | country, the District of Columbia, the United States | ||||||
15 | government, or any other government agency if at least one | ||||||
16 | of the grounds for discipline is the same or substantially | ||||||
17 | equivalent to those set forth in this Act.
| ||||||
18 | (15) The making of any willfully false oath or | ||||||
19 | affirmation in any matter or proceeding where an oath or | ||||||
20 | affirmation is required by this Act.
| ||||||
21 | (16) Using or attempting to use an expired, inactive, | ||||||
22 | suspended, or revoked license, or the certificate or seal | ||||||
23 | of another, or impersonating another licensee.
| ||||||
24 | (17) Directly or indirectly giving to or receiving | ||||||
25 | from any person or entity any fee, commission, rebate, or | ||||||
26 | other form of compensation for any professional service |
| |||||||
| |||||||
1 | not actually or personally rendered.
| ||||||
2 | (18) Willfully making or filing false records or | ||||||
3 | reports related to the licensee's practice, including, but | ||||||
4 | not limited to, false records filed with federal or State | ||||||
5 | agencies or departments.
| ||||||
6 | (19) Willfully failing to report an instance of | ||||||
7 | suspected child abuse or neglect as required under the | ||||||
8 | Abused and Neglected Child Reporting Act.
| ||||||
9 | (20) Being named as a perpetrator in an indicated | ||||||
10 | report by the Department of Children and Family Services | ||||||
11 | under the Abused and Neglected Child Reporting Act and | ||||||
12 | upon proof, by clear and convincing evidence, that the | ||||||
13 | licensee has caused a child to be an abused child or | ||||||
14 | neglected child as defined in the Abused and Neglected | ||||||
15 | Child Reporting Act.
| ||||||
16 | (21) Immoral conduct in the commission of an act | ||||||
17 | related to the licensee's
practice, including but not | ||||||
18 | limited to sexual abuse, sexual misconduct,
or sexual | ||||||
19 | exploitation.
| ||||||
20 | (22) Violation of
the Health Care Worker Self-Referral | ||||||
21 | Act.
| ||||||
22 | (23) Solicitation of business or professional | ||||||
23 | services, other than permitted advertising. | ||||||
24 | (24) Conviction of or cash compromise of a charge or | ||||||
25 | violation of the Illinois Controlled Substances Act. | ||||||
26 | (25) Gross, willful, or continued overcharging for |
| |||||||
| |||||||
1 | professional services, including filing false statements | ||||||
2 | for collection of fees for which services are not | ||||||
3 | rendered. | ||||||
4 | (26) Practicing under a false name or, except as | ||||||
5 | allowed by law, an assumed name.
| ||||||
6 | (b) In enforcing this Section, the Department or Board, | ||||||
7 | upon a showing of a possible violation, may order a licensee or | ||||||
8 | applicant to submit to a mental or physical examination, or | ||||||
9 | both, at the expense of the Department. The Department or | ||||||
10 | Board may order the examining physician to present testimony | ||||||
11 | concerning his or her examination of the licensee or | ||||||
12 | applicant. No information shall be excluded by reason of any | ||||||
13 | common law or statutory privilege relating to communications | ||||||
14 | between the licensee or applicant and the examining physician. | ||||||
15 | The examining physicians shall be specifically designated by | ||||||
16 | the Board or Department. The licensee or applicant may have, | ||||||
17 | at his or her own expense, another physician of his or her | ||||||
18 | choice present during all aspects of the examination. Failure | ||||||
19 | of a licensee or applicant to submit to any such examination | ||||||
20 | when directed, without reasonable cause as defined by rule, | ||||||
21 | shall be grounds for either the immediate suspension of his or | ||||||
22 | her license or immediate denial of his or her application. | ||||||
23 | (1) If the Secretary immediately suspends the license | ||||||
24 | of a licensee for his or her failure to submit to a mental | ||||||
25 | or physical examination when directed, a hearing must be | ||||||
26 | convened by the Department within 15 days after the |
| |||||||
| |||||||
1 | suspension and completed without appreciable delay. | ||||||
2 | (2) If the Secretary otherwise suspends a license | ||||||
3 | pursuant to the results of the licensee's mental or | ||||||
4 | physical examination, a hearing must be convened by the | ||||||
5 | Department within 15 days after the suspension and | ||||||
6 | completed without appreciable delay. The Department and | ||||||
7 | Board shall have the authority to review the licensee's | ||||||
8 | record of treatment and counseling regarding the relevant | ||||||
9 | impairment or impairments to the extent permitted by | ||||||
10 | applicable federal statutes and regulations safeguarding | ||||||
11 | the confidentiality of medical records. | ||||||
12 | (3) Any licensee suspended or otherwise affected under | ||||||
13 | this subsection (b) shall be afforded an opportunity to | ||||||
14 | demonstrate to the Department or Board that he or she can | ||||||
15 | resume practice in compliance with the acceptable and | ||||||
16 | prevailing standards under the provisions of his or her | ||||||
17 | license.
| ||||||
18 | (c) The determination by a circuit court that a licensee | ||||||
19 | is subject to involuntary admission or judicial admission as | ||||||
20 | provided in the Mental Health and Developmental Disabilities | ||||||
21 | Code operates as an automatic suspension. The suspension will | ||||||
22 | end only upon a finding by a court that the licensee is no | ||||||
23 | longer subject to the involuntary admission or judicial | ||||||
24 | admission and issues an order so finding and discharging the | ||||||
25 | licensee; and upon the recommendation of the Board to the | ||||||
26 | Secretary that the licensee be allowed to resume his or her |
| |||||||
| |||||||
1 | practice. | ||||||
2 | (d) In cases where the Department of Healthcare and Family | ||||||
3 | Services (formerly the Department of Public Aid) has | ||||||
4 | previously determined that a licensee or a potential licensee | ||||||
5 | is more than 30 days delinquent in the payment of child support | ||||||
6 | and has subsequently certified the delinquency to the | ||||||
7 | Department, the Department shall refuse to issue or renew or | ||||||
8 | shall revoke or suspend that person's license or shall take | ||||||
9 | other disciplinary action against that person based solely | ||||||
10 | upon the certification of delinquency made by the Department | ||||||
11 | of Healthcare and Family Services in accordance with | ||||||
12 | subdivision (a)(5) of Section 2105-15 of the Department of | ||||||
13 | Professional Regulation Law of the Civil Administrative Code | ||||||
14 | of Illinois. | ||||||
15 | (e) The Department shall deny a license or renewal | ||||||
16 | authorized by this Act to a person who has failed to file a | ||||||
17 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
18 | return, or to pay any final assessment of tax, penalty, or | ||||||
19 | interest as required by any tax Act administered by the | ||||||
20 | Department of Revenue, until the requirements of the tax Act | ||||||
21 | are satisfied in accordance with subsection (g) of Section | ||||||
22 | 2105-15 of the Department of Professional Regulation Law of | ||||||
23 | the Civil Administrative Code of Illinois. | ||||||
24 | (Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
| ||||||
25 | (225 ILCS 125/210)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
2 | Sec. 210. Administrative review. | ||||||
3 | (a) All final
administrative decisions of the Department | ||||||
4 | are subject to
judicial review under the Administrative Review | ||||||
5 | Law and its
rules. The term "administrative decision" is | ||||||
6 | defined as in
Section 3-101 of the Code of Civil Procedure.
| ||||||
7 | (b) Proceedings for judicial review shall be commenced in | ||||||
8 | the
circuit court of the county in which the party seeking | ||||||
9 | review
resides. If the party seeking review is not a resident | ||||||
10 | of
this State, venue shall be in Sangamon County.
| ||||||
11 | (c) The Department shall not be required to certify any | ||||||
12 | record to the court or file any answer in court, or to | ||||||
13 | otherwise appear in any court in a judicial review proceeding, | ||||||
14 | unless and until the Department has received from the | ||||||
15 | plaintiff payment of the costs of furnishing and certifying | ||||||
16 | the record, which costs shall be determined by the Department. | ||||||
17 | (d) Failure on the part of the plaintiff to file a receipt | ||||||
18 | in court shall be grounds for dismissal of the action. | ||||||
19 | (e) During the pendency and hearing of any and all | ||||||
20 | judicial proceedings incident to a disciplinary action, the | ||||||
21 | sanctions imposed upon the applicant or licensee by the | ||||||
22 | Department shall remain in full force and effect. | ||||||
23 | (Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
| ||||||
24 | Section 555. The Uniform Emergency Volunteer Health | ||||||
25 | Practitioners Act is amended by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 140/5)
| ||||||
2 | Sec. 5. Volunteer Health Practitioner Registration | ||||||
3 | Systems.
| ||||||
4 | (a) To qualify as a volunteer health practitioner | ||||||
5 | registration system, a system must: | ||||||
6 | (1) accept applications for the registration of | ||||||
7 | volunteer health practitioners before or during an | ||||||
8 | emergency;
| ||||||
9 | (2) include information about the licensure and good | ||||||
10 | standing of health practitioners which is accessible by | ||||||
11 | authorized persons;
| ||||||
12 | (3) be capable of confirming the accuracy of | ||||||
13 | information concerning whether a health practitioner is | ||||||
14 | licensed and in good standing before health services or | ||||||
15 | veterinary services are provided under this Act; and
| ||||||
16 | (4) meet one of the following conditions:
| ||||||
17 | (A) be an emergency system for advance | ||||||
18 | registration of volunteer health-care practitioners | ||||||
19 | established by a state and funded through the | ||||||
20 | Department of Health and Human Services under Section | ||||||
21 | 319I of the Public Health Service Services Act, 42 | ||||||
22 | U.S.C. Section 247d-7b (as amended);
| ||||||
23 | (B) be a local unit consisting of trained and | ||||||
24 | equipped emergency response, public health, and | ||||||
25 | medical personnel formed pursuant to Section 2801 of |
| |||||||
| |||||||
1 | the Public Health Service Services Act, 42 U.S.C. | ||||||
2 | Section 300hh (as amended);
| ||||||
3 | (C) be operated by a:
| ||||||
4 | (i) disaster relief organization;
| ||||||
5 | (ii) licensing board;
| ||||||
6 | (iii) national or regional association of | ||||||
7 | licensing boards or health practitioners;
| ||||||
8 | (iv) health facility that provides | ||||||
9 | comprehensive inpatient and outpatient health-care | ||||||
10 | services, including a tertiary care, teaching | ||||||
11 | hospital, or ambulatory surgical treatment center; | ||||||
12 | or
| ||||||
13 | (v) governmental entity; or
| ||||||
14 | (D) be designated by the Illinois Department of | ||||||
15 | Public Health as a registration system for purposes of | ||||||
16 | this Act. | ||||||
17 | (b) While an emergency declaration is in effect, the | ||||||
18 | Illinois Department of Public Health, a person authorized to | ||||||
19 | act on behalf of the Illinois Department of Public Health, or a | ||||||
20 | host entity or disaster relief organization, may confirm | ||||||
21 | whether volunteer health practitioners utilized in this State | ||||||
22 | are registered with a registration system that complies with | ||||||
23 | subsection (a). Confirmation is limited to obtaining | ||||||
24 | identities of the practitioners from the system and | ||||||
25 | determining whether the system indicates that the | ||||||
26 | practitioners are licensed and in good standing.
|
| |||||||
| |||||||
1 | (c) Upon request of a person in this State authorized | ||||||
2 | under subsection (b), or a similarly authorized person in | ||||||
3 | another state, a registration system located in this State | ||||||
4 | shall notify the person of the identities of volunteer health | ||||||
5 | practitioners and whether the practitioners are licensed and | ||||||
6 | in good standing.
| ||||||
7 | (d) A host entity or disaster relief organization is not | ||||||
8 | required to use the services of a volunteer health | ||||||
9 | practitioner even if the practitioner is registered with a | ||||||
10 | registration
system that indicates that the practitioner is | ||||||
11 | licensed and in good standing.
| ||||||
12 | (Source: P.A. 96-983, eff. 1-1-11; revised 8-24-20.)
| ||||||
13 | Section 560. The Solid Waste Site Operator Certification | ||||||
14 | Law is amended by changing Section 1001 as follows:
| ||||||
15 | (225 ILCS 230/1001) (from Ch. 111, par. 7851)
| ||||||
16 | Sec. 1001. Short title. This Article Act may be cited as
| ||||||
17 | the Solid Waste Site Operator Certification Law. References in | ||||||
18 | this
Article to this Act shall mean this Article.
| ||||||
19 | (Source: P.A. 86-1363; revised 8-23-19.)
| ||||||
20 | Section 565. The Interpreter for the Deaf Licensure Act of | ||||||
21 | 2007 is amended by changing Section 165 as follows:
| ||||||
22 | (225 ILCS 443/165) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
2 | Sec. 165. Secretary Director ; rehearing. Whenever the | ||||||
3 | Secretary believes justice has not been done in the revocation | ||||||
4 | of , suspension of , or refusal to issue or renew a license or | ||||||
5 | the discipline of a licensee, he or she may order a rehearing.
| ||||||
6 | (Source: P.A. 95-617, eff. 9-12-07; revised 8-23-19.)
| ||||||
7 | Section 570. The Animal Welfare Act is amended by changing | ||||||
8 | Sections 3.3, 7, 18, 18.2, and 21 as follows:
| ||||||
9 | (225 ILCS 605/3.3) | ||||||
10 | Sec. 3.3. Adoption of dogs and cats. | ||||||
11 | (a) An animal shelter or animal control facility shall not | ||||||
12 | adopt out any dog or adopt out or return to field any cat | ||||||
13 | unless it has been sterilized and microchipped. However, an | ||||||
14 | animal shelter or , animal control facility may adopt out a dog | ||||||
15 | or cat that has not been sterilized and microchipped if : (1) | ||||||
16 | Blank; or (2) the adopting owner has executed a written | ||||||
17 | agreement to have sterilizing and microchipping procedures | ||||||
18 | performed within 14 days after a licensed veterinarian | ||||||
19 | certifies the dog or cat is healthy enough for sterilizing and | ||||||
20 | microchipping procedures , and a licensed veterinarian has | ||||||
21 | certified that the dog or cat is too sick or injured to be | ||||||
22 | sterilized or it would be detrimental to the health of the dog | ||||||
23 | or cat to be sterilized or microchipped at the time of the | ||||||
24 | adoption. |
| |||||||
| |||||||
1 | (b) An animal shelter or animal control facility may adopt | ||||||
2 | out any dog or cat that is not free of disease, injury, or | ||||||
3 | abnormality if the disease, injury, or abnormality is | ||||||
4 | disclosed in writing to the adopter, and the animal shelter or | ||||||
5 | animal control facility allows the adopter to return the | ||||||
6 | animal to the animal shelter or animal control facility. | ||||||
7 | (c) The requirements of subsections (a) and (b) of this | ||||||
8 | Section do not apply to adoptions subject to Section 11 of the | ||||||
9 | Animal Control Act.
| ||||||
10 | (Source: P.A. 101-295, eff. 8-9-19; revised 8-24-20.)
| ||||||
11 | (225 ILCS 605/7) (from Ch. 8, par. 307)
| ||||||
12 | Sec. 7.
Applications for renewal licenses shall be made to | ||||||
13 | the
Department in a manner prescribed by the
Department, shall | ||||||
14 | contain such information as will enable the Department
to | ||||||
15 | determine if the applicant is qualified to continue to hold a | ||||||
16 | license, shall report beginning inventory and intake and | ||||||
17 | outcome statistics from the previous calendar year, and shall | ||||||
18 | be accompanied by the required fee, which shall not be
| ||||||
19 | returnable. The report of intake and outcome statistics shall | ||||||
20 | include the following:
| ||||||
21 | (1) The total number of dogs, cats, and other animals, | ||||||
22 | divided into species, taken in by the animal shelter or | ||||||
23 | animal control facility, in the following categories: | ||||||
24 | (A) surrendered by owner; | ||||||
25 | (B) stray; |
| |||||||
| |||||||
1 | (C) impounded other than stray; | ||||||
2 | (D) confiscated under the Humane Care for Animals | ||||||
3 | Act; | ||||||
4 | (E) transfer from other licensees within the | ||||||
5 | State; | ||||||
6 | (F) transferred into or imported from out of the | ||||||
7 | State; | ||||||
8 | (G) transferred into or imported from outside the | ||||||
9 | country; and | ||||||
10 | (H) born in shelter or animal control facility. | ||||||
11 | (2) The disposition of all dogs, cats, and other | ||||||
12 | animals taken in by the animal shelter or animal control | ||||||
13 | facility, divided into species. This data must include | ||||||
14 | dispositions by: | ||||||
15 | (A) reclamation by owner; | ||||||
16 | (B) adopted or sold; | ||||||
17 | (C) euthanized; | ||||||
18 | (D) euthanized per request of the owner; | ||||||
19 | (E) died in custody; | ||||||
20 | (F) transferred to another licensee; | ||||||
21 | (G) transferred to an out-of-state out-of-State | ||||||
22 | nonprofit agency; | ||||||
23 | (H) animals missing, stolen, or escaped; | ||||||
24 | (I) cats returned to in field; and | ||||||
25 | (J) ending inventory; shelter count at end of the | ||||||
26 | last day of the year. |
| |||||||
| |||||||
1 | The Department shall not be required to audit or validate | ||||||
2 | the intake and outcome statistics required to be submitted | ||||||
3 | under this Section. | ||||||
4 | (Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19; | ||||||
5 | revised 8-24-20.)
| ||||||
6 | (225 ILCS 605/18) (from Ch. 8, par. 318)
| ||||||
7 | Sec. 18.
The licensee shall:
| ||||||
8 | (a) a. Maintain sanitary conditions.
| ||||||
9 | (b) Ensure b. Insure proper ventilation.
| ||||||
10 | (c) c. Provide adequate nutrition.
| ||||||
11 | (d) d. Provide humane care and treatment of all | ||||||
12 | animals under his
jurisdiction.
| ||||||
13 | (e) e. Take reasonable care to release for sale, | ||||||
14 | trade, or adoption only
those animals which are free of | ||||||
15 | disease, injuries , or abnormalities. A
health certificate, | ||||||
16 | meeting the requirements of the Department and issued
by a | ||||||
17 | licensed veterinarian for any such animal within 5 days | ||||||
18 | before such
sale, trade , or adoption , is prima facie | ||||||
19 | evidence that the licensee has taken
reasonable care, as | ||||||
20 | required by this paragraph.
| ||||||
21 | f. Inspection of the premises of a licensee to determine | ||||||
22 | compliance with
this Act may be made only by the Department.
| ||||||
23 | (Source: P.A. 78-900; revised 8-24-20.)
| ||||||
24 | (225 ILCS 605/18.2) |
| |||||||
| |||||||
1 | Sec. 18.2. Fire alarm system. | ||||||
2 | (a) In this Section: | ||||||
3 | "Fire alarm system" means a system that automatically | ||||||
4 | triggers notification to local emergency responders when | ||||||
5 | activated. | ||||||
6 | "Staffing plan" means a plan to staff a kennel operator | ||||||
7 | anytime dogs or cats are on the premises. At a minimum, a | ||||||
8 | staffing plan must include the kennel operator's hours of | ||||||
9 | operation, number of staff, names of staff, and the staff's | ||||||
10 | contact information. The Department may adopt rules adding | ||||||
11 | requirements to a staffing plan. | ||||||
12 | "Qualified fire inspector" means a local fire official or | ||||||
13 | a building inspector working for a unit of local government or | ||||||
14 | fire protection district who is qualified to inspect buildings | ||||||
15 | for fire safety or building code compliance. | ||||||
16 | (b) A kennel operator that maintains dogs or cats for | ||||||
17 | boarding and that is not staffed at all times dogs or cats are | ||||||
18 | on the premises shall be equipped with at least one fire alarm | ||||||
19 | system or fire sprinkler system in operating condition in | ||||||
20 | every building of the kennel operator that is used for the | ||||||
21 | housing of animals. The kennel operator shall certify in its | ||||||
22 | license application and annually certify in its license | ||||||
23 | renewal that either: (1) its facility has a fire alarm system | ||||||
24 | or a fire sprinkler system, and shall include with the | ||||||
25 | application or license renewal an attached description and | ||||||
26 | picture of the make and model of the system used; or (2) the |
| |||||||
| |||||||
1 | kennel is staffed at all times dogs or cats are on the | ||||||
2 | premises, and shall include with the application or license | ||||||
3 | renewal an attached staffing plan. The Department shall | ||||||
4 | include this certification on each application for license or | ||||||
5 | license renewal. | ||||||
6 | (c) A qualified fire inspector may inspect a kennel | ||||||
7 | operator that maintains dogs and cats for boarding during the | ||||||
8 | course of performing routine inspections. If , during a routine | ||||||
9 | inspection , a qualified fire inspector determines that the | ||||||
10 | kennel operator does not have a fire alarm system or fire | ||||||
11 | sprinkler system , the inspector may inform the Department. | ||||||
12 | (d) For the purposes of this Section, veterinary | ||||||
13 | hospitals, practices, or offices are not kennel operators.
| ||||||
14 | (Source: P.A. 101-210, eff. 1-1-20; revised 9-19-19.)
| ||||||
15 | (225 ILCS 605/21) (from Ch. 8, par. 321)
| ||||||
16 | Sec. 21.
The following fees shall accompany each | ||||||
17 | application for a license,
which fees shall not be returnable:
| ||||||
18 | a. for an original license to an individual .... $350
| ||||||
19 | b. for an original license to a partnership, | ||||||
20 | animal shelter, or animal control | ||||||
21 | facility or corporation ................ $350
| ||||||
22 | c. for an annual renewal license ............... $100
| ||||||
23 | d. for each branch office license .............. $100
| ||||||
24 | e. for the renewal of any license not renewed by
| ||||||
25 | July 1 of the year ..................... $400
|
| |||||||
| |||||||
1 | f. (blank)
| ||||||
2 | g. (blank)
| ||||||
3 | (Source: P.A. 101-295, eff. 8-9-19; revised 12-9-19.)
| ||||||
4 | Section 575. The Fluorspar Mines Act is amended by | ||||||
5 | changing Section 3 as follows:
| ||||||
6 | (225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
| ||||||
7 | Sec. 3. Office of Inspector of Mines.
The Office of | ||||||
8 | Inspector of Mines as created by this Act shall be under the
| ||||||
9 | jurisdiction of the Department of Natural Resources to the | ||||||
10 | same purport and
effect as all other mining operations
| ||||||
11 | provided for by law, unless otherwise provided. The Inspector | ||||||
12 | of Mines
appointed hereunder shall keep an office within and | ||||||
13 | as a part of the
office of the Director of the Office of Mines | ||||||
14 | and Minerals, and whose
necessary employees shall be employed | ||||||
15 | and paid in the same manner as is
provided for the employment | ||||||
16 | and pay of the necessary employees of the State
departments | ||||||
17 | under the Civil Administrative Code of Illinois, and as is | ||||||
18 | provided
in Section 5-645 of the Departments of State | ||||||
19 | Government Law of the Civil Administrative Code of Illinois | ||||||
20 | (20
ILCS 5/5-645 .
| ||||||
21 | (Source: P.A. 91-239, eff. 1-1-00; revised 8-23-19.)
| ||||||
22 | Section 580. The Illinois Horse Racing Act of 1975 is | ||||||
23 | amended by changing Sections 26, 27, and 31 as follows:
|
| |||||||
| |||||||
1 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
2 | Sec. 26. Wagering.
| ||||||
3 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
4 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
5 | horse races conducted by
an Illinois organization
licensee or | ||||||
6 | conducted at a racetrack located in another state or country | ||||||
7 | in accordance with subsection (g) of Section 26 of this
Act. | ||||||
8 | Subject to the prior consent of the Board, licensees may | ||||||
9 | supplement any
pari-mutuel pool in order to guarantee a | ||||||
10 | minimum distribution. Such
pari-mutuel method of wagering | ||||||
11 | shall not,
under any circumstances if conducted under the | ||||||
12 | provisions of this Act,
be held or construed to be unlawful, | ||||||
13 | other statutes of this State to the
contrary notwithstanding.
| ||||||
14 | Subject to rules for advance wagering promulgated by the | ||||||
15 | Board, any
licensee
may accept wagers in advance of the day of
| ||||||
16 | the race wagered upon occurs.
| ||||||
17 | (b) Except for those gaming activities for which a license | ||||||
18 | is obtained and authorized under the Illinois Lottery Law, the | ||||||
19 | Charitable Games Act, the Raffles and Poker Runs Act, or the | ||||||
20 | Illinois Gambling Act, no other method of betting, pool | ||||||
21 | making, wagering or
gambling shall be used or permitted by the | ||||||
22 | licensee. Each licensee
may retain, subject to the payment of | ||||||
23 | all applicable
taxes and purses, an amount not to exceed 17% of | ||||||
24 | all money wagered
under subsection (a) of this Section, except | ||||||
25 | as may otherwise be permitted
under this Act.
|
| |||||||
| |||||||
1 | (b-5) An individual may place a wager under the | ||||||
2 | pari-mutuel system from
any licensed location authorized under | ||||||
3 | this Act provided that wager is
electronically recorded in the | ||||||
4 | manner described in Section 3.12 of this Act.
Any wager made | ||||||
5 | electronically by an individual while physically on the | ||||||
6 | premises
of a licensee shall be deemed to have been made at the | ||||||
7 | premises of that
licensee.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (c-5) The sum held by any licensee for payment
of
| ||||||
10 | outstanding pari-mutuel tickets, if unclaimed prior to | ||||||
11 | December 31 of the
next year, shall be retained by the licensee | ||||||
12 | for payment of
such tickets until that date. Within 10 days | ||||||
13 | thereafter, the balance of
such sum remaining unclaimed, less | ||||||
14 | any uncashed supplements contributed by such
licensee for the | ||||||
15 | purpose of guaranteeing minimum distributions
of any | ||||||
16 | pari-mutuel pool, shall be evenly distributed to the purse | ||||||
17 | account of
the organization licensee and the organization | ||||||
18 | licensee, except that the balance of the sum of all | ||||||
19 | outstanding pari-mutuel tickets generated from simulcast | ||||||
20 | wagering and inter-track wagering by an organization licensee | ||||||
21 | located in a county with a population in excess of 230,000 and | ||||||
22 | borders the Mississippi River or any licensee that derives its | ||||||
23 | license from that organization licensee shall be evenly | ||||||
24 | distributed to the purse account of the organization licensee | ||||||
25 | and the organization licensee.
| ||||||
26 | (d) A pari-mutuel ticket shall be honored until December |
| |||||||
| |||||||
1 | 31 of the
next calendar year, and the licensee shall pay the | ||||||
2 | same and may
charge the amount thereof against unpaid money | ||||||
3 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
4 | presented for payment.
| ||||||
5 | (e) No licensee shall knowingly permit any minor, other
| ||||||
6 | than an employee of such licensee or an owner, trainer,
| ||||||
7 | jockey, driver, or employee thereof, to be admitted during a | ||||||
8 | racing
program unless accompanied by a parent or guardian, or | ||||||
9 | any minor to be a
patron of the pari-mutuel system of wagering | ||||||
10 | conducted or
supervised by it. The admission of any | ||||||
11 | unaccompanied minor, other than
an employee of the licensee or | ||||||
12 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
13 | race track is a Class C
misdemeanor.
| ||||||
14 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
15 | organization licensee may contract
with an entity in another | ||||||
16 | state or country to permit any legal
wagering entity in | ||||||
17 | another state or country to accept wagers solely within
such | ||||||
18 | other state or country on races conducted by the organization | ||||||
19 | licensee
in this State.
Beginning January 1, 2000, these | ||||||
20 | wagers
shall not be subject to State
taxation. Until January | ||||||
21 | 1, 2000,
when the out-of-State entity conducts a pari-mutuel | ||||||
22 | pool
separate from the organization licensee, a privilege tax | ||||||
23 | equal to 7 1/2% of
all monies received by the organization | ||||||
24 | licensee from entities in other states
or countries pursuant | ||||||
25 | to such contracts is imposed on the organization
licensee, and | ||||||
26 | such privilege tax shall be remitted to the
Department of |
| |||||||
| |||||||
1 | Revenue
within 48 hours of receipt of the moneys from the | ||||||
2 | simulcast. When the
out-of-State entity conducts a
combined | ||||||
3 | pari-mutuel pool with the organization licensee, the tax shall | ||||||
4 | be 10%
of all monies received by the organization licensee | ||||||
5 | with 25% of the
receipts from this 10% tax to be distributed to | ||||||
6 | the county
in which the race was conducted.
| ||||||
7 | An organization licensee may permit one or more of its | ||||||
8 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
9 | locations in other states and may
transmit audio and visual | ||||||
10 | signals of races the organization licensee
conducts to one or
| ||||||
11 | more locations outside the State or country and may also | ||||||
12 | permit pari-mutuel
pools in other states or countries to be | ||||||
13 | combined with its gross or net
wagering pools or with wagering | ||||||
14 | pools established by other states.
| ||||||
15 | (g) A host track may accept interstate simulcast wagers on
| ||||||
16 | horse
races conducted in other states or countries and shall | ||||||
17 | control the
number of signals and types of breeds of racing in | ||||||
18 | its simulcast program,
subject to the disapproval of the | ||||||
19 | Board. The Board may prohibit a simulcast
program only if it | ||||||
20 | finds that the simulcast program is clearly
adverse to the | ||||||
21 | integrity of racing. The host track
simulcast program shall
| ||||||
22 | include the signal of live racing of all organization | ||||||
23 | licensees.
All non-host licensees and advance deposit wagering | ||||||
24 | licensees shall carry the signal of and accept wagers on live | ||||||
25 | racing of all organization licensees. Advance deposit wagering | ||||||
26 | licensees shall not be permitted to accept out-of-state wagers |
| |||||||
| |||||||
1 | on any Illinois signal provided pursuant to this Section | ||||||
2 | without the approval and consent of the organization licensee | ||||||
3 | providing the signal. For one year after August 15, 2014 (the | ||||||
4 | effective date of Public Act 98-968), non-host licensees may | ||||||
5 | carry the host track simulcast program and
shall accept wagers | ||||||
6 | on all races included as part of the simulcast
program of horse | ||||||
7 | races conducted at race tracks located within North America | ||||||
8 | upon which wagering is permitted. For a period of one year | ||||||
9 | after August 15, 2014 (the effective date of Public Act | ||||||
10 | 98-968), on horse races conducted at race tracks located | ||||||
11 | outside of North America, non-host licensees may accept wagers | ||||||
12 | on all races included as part of the simulcast program upon | ||||||
13 | which wagering is permitted. Beginning August 15, 2015 (one | ||||||
14 | year after the effective date of Public Act 98-968), non-host | ||||||
15 | licensees may carry the host track simulcast program and shall | ||||||
16 | accept wagers on all races included as part of the simulcast | ||||||
17 | program upon which wagering is permitted.
All organization | ||||||
18 | licensees shall provide their live signal to all advance | ||||||
19 | deposit wagering licensees for a simulcast commission fee not | ||||||
20 | to exceed 6% of the advance deposit wagering licensee's | ||||||
21 | Illinois handle on the organization licensee's signal without | ||||||
22 | prior approval by the Board. The Board may adopt rules under | ||||||
23 | which it may permit simulcast commission fees in excess of 6%. | ||||||
24 | The Board shall adopt rules limiting the interstate commission | ||||||
25 | fees charged to an advance deposit wagering licensee. The | ||||||
26 | Board shall adopt rules regarding advance deposit wagering on |
| |||||||
| |||||||
1 | interstate simulcast races that shall reflect, among other | ||||||
2 | things, the General Assembly's desire to maximize revenues to | ||||||
3 | the State, horsemen purses, and organization licensees. | ||||||
4 | However, organization licensees providing live signals | ||||||
5 | pursuant to the requirements of this subsection (g) may | ||||||
6 | petition the Board to withhold their live signals from an | ||||||
7 | advance deposit wagering licensee if the organization licensee | ||||||
8 | discovers and the Board finds reputable or credible | ||||||
9 | information that the advance deposit wagering licensee is | ||||||
10 | under investigation by another state or federal governmental | ||||||
11 | agency, the advance deposit wagering licensee's license has | ||||||
12 | been suspended in another state, or the advance deposit | ||||||
13 | wagering licensee's license is in revocation proceedings in | ||||||
14 | another state. The organization licensee's provision of their | ||||||
15 | live signal to an advance deposit wagering licensee under this | ||||||
16 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
17 | Advance deposit wagering licensees may place advance deposit | ||||||
18 | wagering terminals at wagering facilities as a convenience to | ||||||
19 | customers. The advance deposit wagering licensee shall not | ||||||
20 | charge or collect any fee from purses for the placement of the | ||||||
21 | advance deposit wagering terminals. The costs and expenses
of | ||||||
22 | the host track and non-host licensees associated
with | ||||||
23 | interstate simulcast
wagering, other than the interstate
| ||||||
24 | commission fee, shall be borne by the host track and all
| ||||||
25 | non-host licensees
incurring these costs.
The interstate | ||||||
26 | commission fee shall not exceed 5% of Illinois handle on the
|
| |||||||
| |||||||
1 | interstate simulcast race or races without prior approval of | ||||||
2 | the Board. The
Board shall promulgate rules under which it may | ||||||
3 | permit
interstate commission
fees in excess of 5%. The | ||||||
4 | interstate commission
fee and other fees charged by the | ||||||
5 | sending racetrack, including, but not
limited to, satellite | ||||||
6 | decoder fees, shall be uniformly applied
to the host track and | ||||||
7 | all non-host licensees.
| ||||||
8 | Notwithstanding any other provision of this Act, an | ||||||
9 | organization licensee, with the consent of the horsemen | ||||||
10 | association representing the largest number of owners, | ||||||
11 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
12 | that organization licensee's racing meeting, may maintain a | ||||||
13 | system whereby advance deposit wagering may take place or an | ||||||
14 | organization licensee, with the consent of the horsemen | ||||||
15 | association representing the largest number of owners, | ||||||
16 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
17 | that organization licensee's racing meeting, may contract with | ||||||
18 | another person to carry out a system of advance deposit | ||||||
19 | wagering. Such consent may not be unreasonably withheld. Only | ||||||
20 | with respect to an appeal to the Board that consent for an | ||||||
21 | organization licensee that maintains its own advance deposit | ||||||
22 | wagering system is being unreasonably withheld, the Board | ||||||
23 | shall issue a final order within 30 days after initiation of | ||||||
24 | the appeal, and the organization licensee's advance deposit | ||||||
25 | wagering system may remain operational during that 30-day | ||||||
26 | period. The actions of any organization licensee who conducts |
| |||||||
| |||||||
1 | advance deposit wagering or any person who has a contract with | ||||||
2 | an organization licensee to conduct advance deposit wagering | ||||||
3 | who conducts advance deposit wagering on or after January 1, | ||||||
4 | 2013 and prior to June 7, 2013 (the effective date of Public | ||||||
5 | Act 98-18) taken in reliance on the changes made to this | ||||||
6 | subsection (g) by Public Act 98-18 are hereby validated, | ||||||
7 | provided payment of all applicable pari-mutuel taxes are | ||||||
8 | remitted to the Board. All advance deposit wagers placed from | ||||||
9 | within Illinois must be placed through a Board-approved | ||||||
10 | advance deposit wagering licensee; no other entity may accept | ||||||
11 | an advance deposit wager from a person within Illinois. All | ||||||
12 | advance deposit wagering is subject to any rules adopted by | ||||||
13 | the Board. The Board may adopt rules necessary to regulate | ||||||
14 | advance deposit wagering through the use of emergency | ||||||
15 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
16 | Administrative Procedure Act. The General Assembly finds that | ||||||
17 | the adoption of rules to regulate advance deposit wagering is | ||||||
18 | deemed an emergency and necessary for the public interest, | ||||||
19 | safety, and welfare. An advance deposit wagering licensee may | ||||||
20 | retain all moneys as agreed to by contract with an | ||||||
21 | organization licensee. Any moneys retained by the organization | ||||||
22 | licensee from advance deposit wagering, not including moneys | ||||||
23 | retained by the advance deposit wagering licensee, shall be | ||||||
24 | paid 50% to the organization licensee's purse account and 50% | ||||||
25 | to the organization licensee. With the exception of any | ||||||
26 | organization licensee that is owned by a publicly traded |
| |||||||
| |||||||
1 | company that is incorporated in a state other than Illinois | ||||||
2 | and advance deposit wagering licensees under contract with | ||||||
3 | such organization licensees, organization licensees that | ||||||
4 | maintain advance deposit wagering systems and advance deposit | ||||||
5 | wagering licensees that contract with organization licensees | ||||||
6 | shall provide sufficiently detailed monthly accountings to the | ||||||
7 | horsemen association representing the largest number of | ||||||
8 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
9 | horses at that organization licensee's racing meeting so that | ||||||
10 | the horsemen association, as an interested party, can confirm | ||||||
11 | the accuracy of the amounts paid to the purse account at the | ||||||
12 | horsemen association's affiliated organization licensee from | ||||||
13 | advance deposit wagering. If more than one breed races at the | ||||||
14 | same race track facility, then the 50% of the moneys to be paid | ||||||
15 | to an organization licensee's purse account shall be allocated | ||||||
16 | among all organization licensees' purse accounts operating at | ||||||
17 | that race track facility proportionately based on the actual | ||||||
18 | number of host days that the Board grants to that breed at that | ||||||
19 | race track facility in the current calendar year. To the | ||||||
20 | extent any fees from advance deposit wagering conducted in | ||||||
21 | Illinois for wagers in Illinois or other states have been | ||||||
22 | placed in escrow or otherwise withheld from wagers pending a | ||||||
23 | determination of the legality of advance deposit wagering, no | ||||||
24 | action shall be brought to declare such wagers or the | ||||||
25 | disbursement of any fees previously escrowed illegal. | ||||||
26 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
| |||||||
| |||||||
1 | inter-track wagering
licensee other than the host track | ||||||
2 | may supplement the host track simulcast
program with | ||||||
3 | additional simulcast races or race programs, provided that | ||||||
4 | between
January 1 and the third Friday in February of any | ||||||
5 | year, inclusive, if no live
thoroughbred racing is | ||||||
6 | occurring in Illinois during this period, only
| ||||||
7 | thoroughbred races may be used
for supplemental interstate | ||||||
8 | simulcast purposes. The Board shall withhold
approval for | ||||||
9 | a supplemental interstate simulcast only if it finds that | ||||||
10 | the
simulcast is clearly adverse to the integrity of | ||||||
11 | racing. A supplemental
interstate simulcast may be | ||||||
12 | transmitted from an inter-track wagering licensee to
its | ||||||
13 | affiliated non-host licensees. The interstate commission | ||||||
14 | fee for a
supplemental interstate simulcast shall be paid | ||||||
15 | by the non-host licensee and
its affiliated non-host | ||||||
16 | licensees receiving the simulcast.
| ||||||
17 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
18 | inter-track wagering
licensee other than the host track | ||||||
19 | may receive supplemental interstate
simulcasts only with | ||||||
20 | the consent of the host track, except when the Board
finds | ||||||
21 | that the simulcast is
clearly adverse to the integrity of | ||||||
22 | racing. Consent granted under this
paragraph (2) to any | ||||||
23 | inter-track wagering licensee shall be deemed consent to
| ||||||
24 | all non-host licensees. The interstate commission fee for | ||||||
25 | the supplemental
interstate simulcast shall be paid
by all | ||||||
26 | participating non-host licensees.
|
| |||||||
| |||||||
1 | (3) Each licensee conducting interstate simulcast | ||||||
2 | wagering may retain,
subject to the payment of all | ||||||
3 | applicable taxes and the purses, an amount not to
exceed | ||||||
4 | 17% of all money wagered. If any licensee conducts the | ||||||
5 | pari-mutuel
system wagering on races conducted at | ||||||
6 | racetracks in another state or country,
each such race or | ||||||
7 | race program shall be considered a separate racing day for
| ||||||
8 | the purpose of determining the daily handle and computing | ||||||
9 | the privilege tax of
that daily handle as provided in | ||||||
10 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
11 | the sums permitted to be retained pursuant to this | ||||||
12 | subsection, each
inter-track wagering location licensee | ||||||
13 | shall pay 1% of the pari-mutuel handle
wagered on | ||||||
14 | simulcast wagering to the Horse Racing Tax Allocation | ||||||
15 | Fund, subject
to the provisions of subparagraph (B) of | ||||||
16 | paragraph (11) of subsection (h) of
Section 26 of this | ||||||
17 | Act.
| ||||||
18 | (4) A licensee who receives an interstate simulcast | ||||||
19 | may combine its gross
or net pools with pools at the | ||||||
20 | sending racetracks pursuant to rules established
by the | ||||||
21 | Board. All licensees combining their gross pools
at a
| ||||||
22 | sending racetrack shall adopt the takeout percentages of | ||||||
23 | the sending
racetrack.
A licensee may also establish a | ||||||
24 | separate pool and takeout structure for
wagering purposes | ||||||
25 | on races conducted at race tracks outside of the
State of | ||||||
26 | Illinois. The licensee may permit pari-mutuel wagers |
| |||||||
| |||||||
1 | placed in other
states or
countries to be combined with | ||||||
2 | its gross or net wagering pools or other
wagering pools.
| ||||||
3 | (5) After the payment of the interstate commission fee | ||||||
4 | (except for the
interstate commission
fee on a | ||||||
5 | supplemental interstate simulcast, which shall be paid by | ||||||
6 | the host
track and by each non-host licensee through the | ||||||
7 | host track) and all applicable
State and local
taxes, | ||||||
8 | except as provided in subsection (g) of Section 27 of this | ||||||
9 | Act, the
remainder of moneys retained from simulcast | ||||||
10 | wagering pursuant to this
subsection (g), and Section 26.2 | ||||||
11 | shall be divided as follows:
| ||||||
12 | (A) For interstate simulcast wagers made at a host | ||||||
13 | track, 50% to the
host
track and 50% to purses at the | ||||||
14 | host track.
| ||||||
15 | (B) For wagers placed on interstate simulcast | ||||||
16 | races, supplemental
simulcasts as defined in | ||||||
17 | subparagraphs (1) and (2), and separately pooled races
| ||||||
18 | conducted outside of the State of Illinois made at a | ||||||
19 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
20 | non-host licensee, and 50% to the purses at the host | ||||||
21 | track.
| ||||||
22 | (6) Notwithstanding any provision in this Act to the | ||||||
23 | contrary, non-host
licensees
who derive their licenses | ||||||
24 | from a track located in a county with a population in
| ||||||
25 | excess of 230,000 and that borders the Mississippi River | ||||||
26 | may receive
supplemental interstate simulcast races at all |
| |||||||
| |||||||
1 | times subject to Board approval,
which shall be withheld | ||||||
2 | only upon a finding that a supplemental interstate
| ||||||
3 | simulcast is clearly adverse to the integrity of racing.
| ||||||
4 | (7) Effective January 1, 2017, notwithstanding any | ||||||
5 | provision of this Act to the contrary, after
payment of | ||||||
6 | all applicable State and local taxes and interstate | ||||||
7 | commission fees,
non-host licensees who derive their | ||||||
8 | licenses from a track located in a county
with a | ||||||
9 | population in excess of 230,000 and that borders the | ||||||
10 | Mississippi River
shall retain 50% of the retention from | ||||||
11 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
12 | the track from which the non-host licensee derives its
| ||||||
13 | license.
| ||||||
14 | (7.1) Notwithstanding any other provision of this Act | ||||||
15 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
16 | a racetrack located in Madison County
during any
calendar | ||||||
17 | year beginning on or after January 1, 2002, all
moneys | ||||||
18 | derived by
that racetrack from simulcast wagering and | ||||||
19 | inter-track wagering that (1) are to
be used
for purses | ||||||
20 | and (2) are generated between the hours of 6:30 p.m. and | ||||||
21 | 6:30 a.m.
during that
calendar year shall
be paid as | ||||||
22 | follows:
| ||||||
23 | (A) If the licensee that conducts horse racing at | ||||||
24 | that racetrack
requests from the Board at least as | ||||||
25 | many racing dates as were conducted in
calendar year | ||||||
26 | 2000, 80% shall be paid to its thoroughbred purse |
| |||||||
| |||||||
1 | account; and
| ||||||
2 | (B) Twenty percent shall be deposited into the | ||||||
3 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
4 | be paid to purses for standardbred races for Illinois | ||||||
5 | conceived
and foaled horses conducted at any county | ||||||
6 | fairgrounds.
The moneys deposited into the Fund | ||||||
7 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
8 | within 2
weeks after the day they were generated, | ||||||
9 | shall be in addition to and not in
lieu of any other
| ||||||
10 | moneys paid to standardbred purses under this Act, and | ||||||
11 | shall not be commingled
with other moneys paid into | ||||||
12 | that Fund. The moneys deposited
pursuant to this | ||||||
13 | subparagraph (B) shall be allocated as provided by the
| ||||||
14 | Department of Agriculture, with the advice and | ||||||
15 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
16 | Advisory Board.
| ||||||
17 | (7.2) Notwithstanding any other provision of this Act | ||||||
18 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
19 | a racetrack located in Madison County
during any
calendar | ||||||
20 | year beginning on or after January 1,
2002, all
moneys | ||||||
21 | derived by
that racetrack from simulcast wagering and | ||||||
22 | inter-track wagering that (1) are to
be used
for purses | ||||||
23 | and (2) are generated between the hours of 6:30 a.m. and | ||||||
24 | 6:30 p.m.
during that
calendar year shall
be deposited as | ||||||
25 | follows:
| ||||||
26 | (A) If the licensee that conducts horse racing at |
| |||||||
| |||||||
1 | that racetrack
requests from the
Board at least
as | ||||||
2 | many racing dates as were conducted in calendar year | ||||||
3 | 2000, 80%
shall be deposited into its standardbred | ||||||
4 | purse
account; and
| ||||||
5 | (B) Twenty percent shall be deposited into the | ||||||
6 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
7 | deposited into the Illinois Colt Stakes Purse
| ||||||
8 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
9 | shall be paid to Illinois
conceived and foaled | ||||||
10 | thoroughbred breeders' programs
and to thoroughbred | ||||||
11 | purses for races conducted at any county fairgrounds | ||||||
12 | for
Illinois conceived
and foaled horses at the | ||||||
13 | discretion of the
Department of Agriculture, with the | ||||||
14 | advice and assistance of
the Illinois Thoroughbred | ||||||
15 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
16 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
17 | pursuant to this subparagraph (B) shall be deposited | ||||||
18 | within 2 weeks
after the day they were generated, | ||||||
19 | shall be in addition to and not in
lieu of any other | ||||||
20 | moneys paid to thoroughbred purses
under this Act, and | ||||||
21 | shall not be commingled with other moneys deposited | ||||||
22 | into
that Fund.
| ||||||
23 | (7.3) (Blank).
| ||||||
24 | (7.4) (Blank).
| ||||||
25 | (8) Notwithstanding any provision in this Act to the | ||||||
26 | contrary, an
organization licensee from a track located in |
| |||||||
| |||||||
1 | a county with a population in
excess of 230,000 and that | ||||||
2 | borders the Mississippi River and its affiliated
non-host | ||||||
3 | licensees shall not be entitled to share in any retention | ||||||
4 | generated on
racing, inter-track wagering, or simulcast | ||||||
5 | wagering at any other Illinois
wagering facility.
| ||||||
6 | (8.1) Notwithstanding any provisions in this Act to | ||||||
7 | the contrary, if 2
organization licensees
are conducting | ||||||
8 | standardbred race meetings concurrently
between the hours | ||||||
9 | of 6:30 p.m. and 6:30 a.m., after payment of all | ||||||
10 | applicable
State and local taxes and interstate commission | ||||||
11 | fees, the remainder of the
amount retained from simulcast | ||||||
12 | wagering otherwise attributable to the host
track and to | ||||||
13 | host track purses shall be split daily between the 2
| ||||||
14 | organization licensees and the purses at the tracks of the | ||||||
15 | 2 organization
licensees, respectively, based on each | ||||||
16 | organization licensee's share
of the total live handle for | ||||||
17 | that day,
provided that this provision shall not apply to | ||||||
18 | any non-host licensee that
derives its license from a | ||||||
19 | track located in a county with a population in
excess of | ||||||
20 | 230,000 and that borders the Mississippi River.
| ||||||
21 | (9) (Blank).
| ||||||
22 | (10) (Blank).
| ||||||
23 | (11) (Blank).
| ||||||
24 | (12) The Board shall have authority to compel all host | ||||||
25 | tracks to receive
the simulcast of any or all races | ||||||
26 | conducted at the Springfield or DuQuoin State
fairgrounds |
| |||||||
| |||||||
1 | and include all such races as part of their simulcast | ||||||
2 | programs.
| ||||||
3 | (13) Notwithstanding any other provision of this Act, | ||||||
4 | in the event that
the total Illinois pari-mutuel handle on | ||||||
5 | Illinois horse races at all wagering
facilities in any | ||||||
6 | calendar year is less than 75% of the total Illinois
| ||||||
7 | pari-mutuel handle on Illinois horse races at all such | ||||||
8 | wagering facilities for
calendar year 1994, then each | ||||||
9 | wagering facility that has an annual total
Illinois | ||||||
10 | pari-mutuel handle on Illinois horse races that is less | ||||||
11 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
12 | Illinois horse races at such wagering
facility for | ||||||
13 | calendar year 1994, shall be permitted to receive, from | ||||||
14 | any amount
otherwise
payable to the purse account at the | ||||||
15 | race track with which the wagering facility
is affiliated | ||||||
16 | in the succeeding calendar year, an amount equal to 2% of | ||||||
17 | the
differential in total Illinois pari-mutuel handle on | ||||||
18 | Illinois horse
races at the wagering facility between that | ||||||
19 | calendar year in question and 1994
provided, however, that | ||||||
20 | a
wagering facility shall not be entitled to any such | ||||||
21 | payment until the Board
certifies in writing to the | ||||||
22 | wagering facility the amount to which the wagering
| ||||||
23 | facility is entitled
and a schedule for payment of the | ||||||
24 | amount to the wagering facility, based on:
(i) the racing | ||||||
25 | dates awarded to the race track affiliated with the | ||||||
26 | wagering
facility during the succeeding year; (ii) the |
| |||||||
| |||||||
1 | sums available or anticipated to
be available in the purse | ||||||
2 | account of the race track affiliated with the
wagering | ||||||
3 | facility for purses during the succeeding year; and (iii) | ||||||
4 | the need to
ensure reasonable purse levels during the | ||||||
5 | payment period.
The Board's certification
shall be | ||||||
6 | provided no later than January 31 of the succeeding year.
| ||||||
7 | In the event a wagering facility entitled to a payment | ||||||
8 | under this paragraph
(13) is affiliated with a race track | ||||||
9 | that maintains purse accounts for both
standardbred and | ||||||
10 | thoroughbred racing, the amount to be paid to the wagering
| ||||||
11 | facility shall be divided between each purse account pro | ||||||
12 | rata, based on the
amount of Illinois handle on Illinois | ||||||
13 | standardbred and thoroughbred racing
respectively at the | ||||||
14 | wagering facility during the previous calendar year.
| ||||||
15 | Annually, the General Assembly shall appropriate | ||||||
16 | sufficient funds from the
General Revenue Fund to the | ||||||
17 | Department of Agriculture for payment into the
| ||||||
18 | thoroughbred and standardbred horse racing purse accounts | ||||||
19 | at
Illinois pari-mutuel tracks. The amount paid to each | ||||||
20 | purse account shall be
the amount certified by the | ||||||
21 | Illinois Racing Board in January to be
transferred from | ||||||
22 | each account to each eligible racing facility in
| ||||||
23 | accordance with the provisions of this Section. Beginning | ||||||
24 | in the calendar year in which an organization licensee | ||||||
25 | that is eligible to receive payment under this paragraph | ||||||
26 | (13) begins to receive funds from gaming pursuant to an |
| |||||||
| |||||||
1 | organization gaming license issued under the Illinois | ||||||
2 | Gambling Act, the amount of the payment due to all | ||||||
3 | wagering facilities licensed under that organization | ||||||
4 | licensee under this paragraph (13) shall be the amount | ||||||
5 | certified by the Board in January of that year. An | ||||||
6 | organization licensee and its related wagering facilities | ||||||
7 | shall no longer be able to receive payments under this | ||||||
8 | paragraph (13) beginning in the year subsequent to the | ||||||
9 | first year in which the organization licensee begins to | ||||||
10 | receive funds from gaming pursuant to an organization | ||||||
11 | gaming license issued under the Illinois Gambling Act.
| ||||||
12 | (h) The Board may approve and license the conduct of | ||||||
13 | inter-track wagering
and simulcast wagering by inter-track | ||||||
14 | wagering licensees and inter-track
wagering location licensees | ||||||
15 | subject to the following terms and conditions:
| ||||||
16 | (1) Any person licensed to conduct a race meeting (i) | ||||||
17 | at a track where
60 or more days of racing were conducted | ||||||
18 | during the immediately preceding
calendar year or where | ||||||
19 | over the 5 immediately preceding calendar years an
average | ||||||
20 | of 30 or more days of racing were conducted annually may be | ||||||
21 | issued an
inter-track wagering license; (ii) at a track
| ||||||
22 | located in a county that is bounded by the Mississippi | ||||||
23 | River, which has a
population of less than 150,000 | ||||||
24 | according to the 1990 decennial census, and an
average of | ||||||
25 | at least 60 days of racing per year between 1985 and 1993 | ||||||
26 | may be
issued an inter-track wagering license; (iii) at a |
| |||||||
| |||||||
1 | track awarded standardbred racing dates; or (iv) at a | ||||||
2 | track
located in Madison
County that conducted at least | ||||||
3 | 100 days of live racing during the immediately
preceding
| ||||||
4 | calendar year may be issued an inter-track wagering | ||||||
5 | license, unless a lesser
schedule of
live racing is the | ||||||
6 | result of (A) weather, unsafe track conditions, or other
| ||||||
7 | acts of God; (B)
an agreement between the organization | ||||||
8 | licensee and the associations
representing the
largest | ||||||
9 | number of owners, trainers, jockeys, or standardbred | ||||||
10 | drivers who race
horses at
that organization licensee's | ||||||
11 | racing meeting; or (C) a finding by the Board of
| ||||||
12 | extraordinary circumstances and that it was in the best | ||||||
13 | interest of the public
and the sport to conduct fewer than | ||||||
14 | 100 days of live racing. Any such person
having operating | ||||||
15 | control of the racing facility may receive
inter-track | ||||||
16 | wagering
location licenses. An
eligible race track located | ||||||
17 | in a county that has a population of more than
230,000 and | ||||||
18 | that is bounded by the Mississippi River may establish up | ||||||
19 | to 9
inter-track wagering locations, an eligible race | ||||||
20 | track located in Stickney Township in Cook County may | ||||||
21 | establish up to 16 inter-track wagering locations, and an | ||||||
22 | eligible race track located in Palatine Township in Cook | ||||||
23 | County may establish up to 18 inter-track wagering | ||||||
24 | locations. An eligible racetrack conducting standardbred | ||||||
25 | racing may have up to 16 inter-track wagering locations.
| ||||||
26 | An application for
said license shall be filed with the |
| |||||||
| |||||||
1 | Board prior to such dates as may be
fixed by the Board. | ||||||
2 | With an application for an inter-track
wagering
location | ||||||
3 | license there shall be delivered to the Board a certified | ||||||
4 | check or
bank draft payable to the order of the Board for | ||||||
5 | an amount equal to $500.
The application shall be on forms | ||||||
6 | prescribed and furnished by the Board. The
application | ||||||
7 | shall comply with all other rules,
regulations and | ||||||
8 | conditions imposed by the Board in connection therewith.
| ||||||
9 | (2) The Board shall examine the applications with | ||||||
10 | respect to their
conformity with this Act and the rules | ||||||
11 | and regulations imposed by the
Board. If found to be in | ||||||
12 | compliance with the Act and rules and regulations
of the | ||||||
13 | Board, the Board may then issue a license to conduct | ||||||
14 | inter-track
wagering and simulcast wagering to such | ||||||
15 | applicant. All such applications
shall be acted upon by | ||||||
16 | the Board at a meeting to be held on such date as may be
| ||||||
17 | fixed by the Board.
| ||||||
18 | (3) In granting licenses to conduct inter-track | ||||||
19 | wagering and simulcast
wagering, the Board shall give due | ||||||
20 | consideration to
the best interests of the
public, of | ||||||
21 | horse racing, and of maximizing revenue to the State.
| ||||||
22 | (4) Prior to the issuance of a license to conduct | ||||||
23 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
24 | shall file with the Board a bond payable to the State of | ||||||
25 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
26 | and a surety company or
companies authorized to do |
| |||||||
| |||||||
1 | business in this State, and conditioned upon
(i) the | ||||||
2 | payment by the licensee of all taxes due under Section 27 | ||||||
3 | or 27.1
and any other monies due and payable under this | ||||||
4 | Act, and (ii)
distribution by the licensee, upon | ||||||
5 | presentation of the winning ticket or
tickets, of all sums | ||||||
6 | payable to the patrons of pari-mutuel pools.
| ||||||
7 | (5) Each license to conduct inter-track wagering and | ||||||
8 | simulcast
wagering shall specify the person
to whom it is | ||||||
9 | issued, the dates on which such wagering is permitted, and
| ||||||
10 | the track or location where the wagering is to be | ||||||
11 | conducted.
| ||||||
12 | (6) All wagering under such license is subject to this | ||||||
13 | Act and to the
rules and regulations from time to time | ||||||
14 | prescribed by the Board, and every
such license issued by | ||||||
15 | the Board shall contain a recital to that effect.
| ||||||
16 | (7) An inter-track wagering licensee or inter-track | ||||||
17 | wagering location
licensee may accept wagers at the track | ||||||
18 | or location
where it is licensed, or as otherwise provided | ||||||
19 | under this Act.
| ||||||
20 | (8) Inter-track wagering or simulcast wagering shall | ||||||
21 | not be
conducted
at any track less than 4 miles from a | ||||||
22 | track at which a racing meeting is in
progress.
| ||||||
23 | (8.1) Inter-track wagering location
licensees who | ||||||
24 | derive their licenses from a particular organization | ||||||
25 | licensee
shall conduct inter-track wagering and simulcast | ||||||
26 | wagering only at locations that
are within 160 miles of |
| |||||||
| |||||||
1 | that race track
where
the particular organization licensee | ||||||
2 | is licensed to conduct racing. However, inter-track | ||||||
3 | wagering and simulcast wagering
shall not
be conducted by | ||||||
4 | those licensees at any location within 5 miles of any race
| ||||||
5 | track at which a
horse race meeting has been licensed in | ||||||
6 | the current year, unless the person
having operating | ||||||
7 | control of such race track has given its written consent
| ||||||
8 | to such inter-track wagering location licensees,
which | ||||||
9 | consent
must be filed with the Board at or prior to the | ||||||
10 | time application is made. In the case of any inter-track | ||||||
11 | wagering location licensee initially licensed after | ||||||
12 | December 31, 2013, inter-track wagering and simulcast | ||||||
13 | wagering shall not be conducted by those inter-track | ||||||
14 | wagering location licensees that are located outside the | ||||||
15 | City of Chicago at any location within 8 miles of any race | ||||||
16 | track at which a horse race meeting has been licensed in | ||||||
17 | the current year, unless the person having operating | ||||||
18 | control of such race track has given its written consent | ||||||
19 | to such inter-track wagering location licensees, which | ||||||
20 | consent must be filed with the Board at or prior to the | ||||||
21 | time application is made.
| ||||||
22 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
23 | not be
conducted by an inter-track
wagering location | ||||||
24 | licensee at any location within 100 feet of an
existing
| ||||||
25 | church, an existing elementary or secondary public school, | ||||||
26 | or an existing elementary or secondary private school |
| |||||||
| |||||||
1 | registered with or recognized by the State Board of | ||||||
2 | Education. The
distance of 100 feet shall be measured to | ||||||
3 | the nearest part of any
building
used for worship | ||||||
4 | services, education programs, or
conducting inter-track | ||||||
5 | wagering by an inter-track wagering location
licensee, and | ||||||
6 | not to property boundaries. However, inter-track wagering | ||||||
7 | or
simulcast wagering may be conducted at a site within | ||||||
8 | 100 feet of
a church or school if such church or school
has | ||||||
9 | been erected
or established after
the Board issues
the | ||||||
10 | original inter-track wagering location license at the site | ||||||
11 | in question.
Inter-track wagering location licensees may | ||||||
12 | conduct inter-track wagering
and simulcast wagering only | ||||||
13 | in areas that are zoned for
commercial or manufacturing | ||||||
14 | purposes or
in areas for which a special use has been | ||||||
15 | approved by the local zoning
authority. However, no | ||||||
16 | license to conduct inter-track wagering and simulcast
| ||||||
17 | wagering shall be
granted by the Board with respect to any | ||||||
18 | inter-track wagering location
within the jurisdiction of | ||||||
19 | any local zoning authority which has, by
ordinance or by | ||||||
20 | resolution, prohibited the establishment of an inter-track
| ||||||
21 | wagering location within its jurisdiction. However, | ||||||
22 | inter-track wagering
and simulcast wagering may be | ||||||
23 | conducted at a site if such ordinance or
resolution is | ||||||
24 | enacted after
the Board licenses the original inter-track | ||||||
25 | wagering location
licensee for the site in question.
| ||||||
26 | (9) (Blank).
|
| |||||||
| |||||||
1 | (10) An inter-track wagering licensee or an | ||||||
2 | inter-track wagering
location licensee may retain, subject | ||||||
3 | to the
payment of the privilege taxes and the purses, an | ||||||
4 | amount not to
exceed 17% of all money wagered. Each | ||||||
5 | program of racing conducted by
each inter-track wagering | ||||||
6 | licensee or inter-track wagering location
licensee shall | ||||||
7 | be considered a separate racing day for the purpose of
| ||||||
8 | determining the daily handle and computing the privilege | ||||||
9 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
10 | Section 27.
| ||||||
11 | (10.1) Except as provided in subsection (g) of Section | ||||||
12 | 27 of this Act,
inter-track wagering location licensees | ||||||
13 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
14 | the municipality in which such
location is situated and 1% | ||||||
15 | of the pari-mutuel handle at each location to
the county | ||||||
16 | in which such location is situated. In the event that an
| ||||||
17 | inter-track wagering location licensee is situated in an | ||||||
18 | unincorporated
area of a county, such licensee shall pay | ||||||
19 | 2% of the pari-mutuel handle from
such location to such | ||||||
20 | county. Inter-track wagering location licensees must pay | ||||||
21 | the handle percentage required under this paragraph to the | ||||||
22 | municipality and county no later than the 20th of the | ||||||
23 | month following the month such handle was generated.
| ||||||
24 | (10.2) Notwithstanding any other provision of this | ||||||
25 | Act, with respect to inter-track
wagering at a race track | ||||||
26 | located in a
county that has a population of
more than |
| |||||||
| |||||||
1 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
2 | first race
track"), or at a facility operated by an | ||||||
3 | inter-track wagering licensee or
inter-track wagering | ||||||
4 | location licensee that derives its license from the
| ||||||
5 | organization licensee that operates the first race track, | ||||||
6 | on races conducted at
the first race track or on races | ||||||
7 | conducted at another Illinois race track
and | ||||||
8 | simultaneously televised to the first race track or to a | ||||||
9 | facility operated
by an inter-track wagering licensee or | ||||||
10 | inter-track wagering location licensee
that derives its | ||||||
11 | license from the organization licensee that operates the | ||||||
12 | first
race track, those moneys shall be allocated as | ||||||
13 | follows:
| ||||||
14 | (A) That portion of all moneys wagered on | ||||||
15 | standardbred racing that is
required under this Act to | ||||||
16 | be paid to purses shall be paid to purses for
| ||||||
17 | standardbred races.
| ||||||
18 | (B) That portion of all moneys wagered on | ||||||
19 | thoroughbred racing
that is required under this Act to | ||||||
20 | be paid to purses shall be paid to purses
for | ||||||
21 | thoroughbred races.
| ||||||
22 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
23 | tax, any other
applicable
taxes, and
the costs and | ||||||
24 | expenses in connection with the gathering, transmission, | ||||||
25 | and
dissemination of all data necessary to the conduct of | ||||||
26 | inter-track wagering,
the remainder of the monies retained |
| |||||||
| |||||||
1 | under either Section 26 or Section 26.2
of this Act by the | ||||||
2 | inter-track wagering licensee on inter-track wagering
| ||||||
3 | shall be allocated with 50% to be split between the
2 | ||||||
4 | participating licensees and 50% to purses, except
that an | ||||||
5 | inter-track wagering licensee that derives its
license | ||||||
6 | from a track located in a county with a population in | ||||||
7 | excess of 230,000
and that borders the Mississippi River | ||||||
8 | shall not divide any remaining
retention with the Illinois | ||||||
9 | organization licensee that provides the race or
races, and | ||||||
10 | an inter-track wagering licensee that accepts wagers on | ||||||
11 | races
conducted by an organization licensee that conducts | ||||||
12 | a race meet in a county
with a population in excess of | ||||||
13 | 230,000 and that borders the Mississippi River
shall not | ||||||
14 | divide any remaining retention with that organization | ||||||
15 | licensee.
| ||||||
16 | (B) From the
sums permitted to be retained pursuant to | ||||||
17 | this Act each inter-track wagering
location licensee shall | ||||||
18 | pay (i) the privilege or pari-mutuel tax to the
State; | ||||||
19 | (ii) 4.75% of the
pari-mutuel handle on inter-track | ||||||
20 | wagering at such location on
races as purses, except that
| ||||||
21 | an inter-track wagering location licensee that derives its | ||||||
22 | license from a
track located in a county with a population | ||||||
23 | in excess of 230,000 and that
borders the Mississippi | ||||||
24 | River shall retain all purse moneys for its own purse
| ||||||
25 | account consistent with distribution set forth in this | ||||||
26 | subsection (h), and inter-track
wagering location |
| |||||||
| |||||||
1 | licensees that accept wagers on races
conducted
by an | ||||||
2 | organization licensee located in a county with a | ||||||
3 | population in excess of
230,000 and that borders the | ||||||
4 | Mississippi River shall distribute all purse
moneys to | ||||||
5 | purses at the operating host track; (iii) until January 1, | ||||||
6 | 2000,
except as
provided in
subsection (g) of Section 27 | ||||||
7 | of this Act, 1% of the
pari-mutuel handle wagered on | ||||||
8 | inter-track wagering and simulcast wagering at
each | ||||||
9 | inter-track wagering
location licensee facility to the | ||||||
10 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
11 | extent the total amount collected and distributed to the | ||||||
12 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
13 | during any calendar year
exceeds the amount collected and | ||||||
14 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
15 | calendar year 1994, that excess amount shall be | ||||||
16 | redistributed (I)
to all inter-track wagering location | ||||||
17 | licensees, based on each licensee's pro rata
share of the | ||||||
18 | total handle from inter-track wagering and simulcast
| ||||||
19 | wagering for all inter-track wagering location licensees | ||||||
20 | during the calendar
year in which this provision is | ||||||
21 | applicable; then (II) the amounts redistributed
to each | ||||||
22 | inter-track wagering location licensee as described in | ||||||
23 | subpart (I)
shall be further redistributed as provided in | ||||||
24 | subparagraph (B) of paragraph (5)
of subsection (g) of | ||||||
25 | this Section 26 provided first, that the shares of those
| ||||||
26 | amounts, which are to be redistributed to the host track |
| |||||||
| |||||||
1 | or to purses at the
host track under subparagraph (B) of | ||||||
2 | paragraph (5) of subsection (g) of this
Section 26 shall | ||||||
3 | be
redistributed based on each host track's pro rata share | ||||||
4 | of the total
inter-track
wagering and simulcast wagering | ||||||
5 | handle at all host tracks during the calendar
year in | ||||||
6 | question, and second, that any amounts redistributed as | ||||||
7 | described in
part (I) to an inter-track wagering location | ||||||
8 | licensee that accepts
wagers on races conducted by an | ||||||
9 | organization licensee that conducts a race meet
in a | ||||||
10 | county with a population in excess of 230,000 and that | ||||||
11 | borders the
Mississippi River shall be further | ||||||
12 | redistributed, effective January 1, 2017, as provided in | ||||||
13 | paragraph (7) of subsection (g) of this Section 26, with | ||||||
14 | the
portion of that
further redistribution allocated to | ||||||
15 | purses at that organization licensee to be
divided between | ||||||
16 | standardbred purses and thoroughbred purses based on the
| ||||||
17 | amounts otherwise allocated to purses at that organization | ||||||
18 | licensee during the
calendar year in question; and (iv) 8% | ||||||
19 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
20 | at
such location to satisfy all costs and expenses of | ||||||
21 | conducting its wagering. The
remainder of the monies | ||||||
22 | retained by the inter-track wagering location licensee
| ||||||
23 | shall be allocated 40% to the location licensee and 60% to | ||||||
24 | the organization
licensee which provides the Illinois | ||||||
25 | races to the location, except that an inter-track
wagering | ||||||
26 | location
licensee that derives its license from a track |
| |||||||
| |||||||
1 | located in a county with a
population in excess of 230,000 | ||||||
2 | and that borders the Mississippi River shall
not divide | ||||||
3 | any remaining retention with the organization licensee | ||||||
4 | that provides
the race or races and an inter-track | ||||||
5 | wagering location licensee that accepts
wagers on races | ||||||
6 | conducted by an organization licensee that conducts a race | ||||||
7 | meet
in a county with a population in excess of 230,000 and | ||||||
8 | that borders the
Mississippi River shall not divide any | ||||||
9 | remaining retention with the
organization licensee.
| ||||||
10 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
11 | this
paragraph, in the case of the additional inter-track | ||||||
12 | wagering location licenses
authorized under paragraph (1) | ||||||
13 | of this subsection (h) by Public Act 87-110, those | ||||||
14 | licensees shall pay the following amounts as purses:
| ||||||
15 | during the first 12 months the licensee is in operation, | ||||||
16 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
17 | races; during the second 12
months, 5.25%; during the | ||||||
18 | third 12 months, 5.75%;
during
the fourth 12 months,
| ||||||
19 | 6.25%; and during the fifth 12 months and thereafter, | ||||||
20 | 6.75%. The
following amounts shall be retained by the | ||||||
21 | licensee to satisfy all costs
and expenses of conducting | ||||||
22 | its wagering: during the first 12 months the
licensee is | ||||||
23 | in operation, 8.25% of the pari-mutuel handle wagered
at | ||||||
24 | the
location; during the second 12 months, 8.25%; during | ||||||
25 | the third 12
months, 7.75%;
during the fourth 12 months, | ||||||
26 | 7.25%; and during the fifth 12 months
and
thereafter, |
| |||||||
| |||||||
1 | 6.75%.
For additional inter-track wagering location | ||||||
2 | licensees authorized under Public Act 89-16, purses for | ||||||
3 | the first 12 months the licensee is in operation shall
be | ||||||
4 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
5 | for the second 12 months the licensee is in operation
| ||||||
6 | shall be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
7 | additional inter-track location
licensees
authorized under | ||||||
8 | Public Act 89-16, the licensee shall be allowed to retain | ||||||
9 | to satisfy
all costs and expenses: 7.75% of the | ||||||
10 | pari-mutuel handle wagered at
the location
during its | ||||||
11 | first 12 months of operation, 7.25% during its second
12
| ||||||
12 | months of
operation, and 6.75% thereafter.
| ||||||
13 | (C) There is hereby created the Horse Racing Tax | ||||||
14 | Allocation Fund
which shall remain in existence until | ||||||
15 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
16 | December 31, 1999
shall be paid into the
General Revenue | ||||||
17 | Fund. Until January 1, 2000,
all monies paid into the | ||||||
18 | Horse Racing Tax Allocation Fund pursuant to this
| ||||||
19 | paragraph (11) by inter-track wagering location licensees | ||||||
20 | located in park
districts of 500,000 population or less, | ||||||
21 | or in a municipality that is not
included within any park | ||||||
22 | district but is included within a conservation
district | ||||||
23 | and is the county seat of a county that (i) is contiguous | ||||||
24 | to the state
of Indiana and (ii) has a 1990 population of | ||||||
25 | 88,257 according to the United
States Bureau of the | ||||||
26 | Census, and operating on May 1, 1994 shall be
allocated by |
| |||||||
| |||||||
1 | appropriation as follows:
| ||||||
2 | Two-sevenths to the Department of Agriculture. | ||||||
3 | Fifty percent of
this two-sevenths shall be used to | ||||||
4 | promote the Illinois horse racing and
breeding | ||||||
5 | industry, and shall be distributed by the Department | ||||||
6 | of Agriculture
upon the advice of a 9-member committee | ||||||
7 | appointed by the Governor consisting of
the following | ||||||
8 | members: the Director of Agriculture, who shall serve | ||||||
9 | as
chairman; 2 representatives of organization | ||||||
10 | licensees conducting thoroughbred
race meetings in | ||||||
11 | this State, recommended by those licensees; 2 | ||||||
12 | representatives
of organization licensees conducting | ||||||
13 | standardbred race meetings in this State,
recommended | ||||||
14 | by those licensees; a representative of the Illinois
| ||||||
15 | Thoroughbred Breeders and Owners Foundation, | ||||||
16 | recommended by that
Foundation; a representative of | ||||||
17 | the Illinois Standardbred Owners and
Breeders | ||||||
18 | Association, recommended
by that Association; a | ||||||
19 | representative of
the Horsemen's Benevolent and | ||||||
20 | Protective Association or any successor
organization | ||||||
21 | thereto established in Illinois comprised of the | ||||||
22 | largest number of
owners and trainers, recommended by | ||||||
23 | that
Association or that successor organization; and a
| ||||||
24 | representative of the Illinois Harness Horsemen's
| ||||||
25 | Association, recommended by that Association. | ||||||
26 | Committee members shall
serve for terms of 2 years, |
| |||||||
| |||||||
1 | commencing January 1 of each even-numbered
year. If a | ||||||
2 | representative of any of the above-named entities has | ||||||
3 | not been
recommended by January 1 of any even-numbered | ||||||
4 | year, the Governor shall
appoint a committee member to | ||||||
5 | fill that position. Committee members shall
receive no | ||||||
6 | compensation for their services as members but shall | ||||||
7 | be
reimbursed for all actual and necessary expenses | ||||||
8 | and disbursements incurred
in the performance of their | ||||||
9 | official duties. The remaining 50% of this
| ||||||
10 | two-sevenths shall be distributed to county fairs for | ||||||
11 | premiums and
rehabilitation as set forth in the | ||||||
12 | Agricultural Fair Act;
| ||||||
13 | Four-sevenths to park districts or municipalities | ||||||
14 | that do not have a
park district of 500,000 population | ||||||
15 | or less for museum purposes (if an
inter-track | ||||||
16 | wagering location licensee is located in such a park | ||||||
17 | district) or
to conservation districts for museum | ||||||
18 | purposes (if an inter-track wagering
location licensee | ||||||
19 | is located in a municipality that is not included | ||||||
20 | within any
park district but is included within a | ||||||
21 | conservation district and is the county
seat of a | ||||||
22 | county that (i) is contiguous to the state of Indiana | ||||||
23 | and (ii) has a
1990 population of 88,257 according to | ||||||
24 | the United States Bureau of the Census,
except that if | ||||||
25 | the conservation district does not maintain a museum, | ||||||
26 | the monies
shall be allocated equally between the |
| |||||||
| |||||||
1 | county and the municipality in which the
inter-track | ||||||
2 | wagering location licensee is located for general | ||||||
3 | purposes) or to a
municipal recreation board for park | ||||||
4 | purposes (if an inter-track wagering
location licensee | ||||||
5 | is located in a municipality that is not included | ||||||
6 | within any
park district and park maintenance is the | ||||||
7 | function of the municipal recreation
board and the | ||||||
8 | municipality has a 1990 population of 9,302 according | ||||||
9 | to the
United States Bureau of the Census); provided | ||||||
10 | that the monies are distributed
to each park district | ||||||
11 | or conservation district or municipality that does not
| ||||||
12 | have a park district in an amount equal to | ||||||
13 | four-sevenths of the amount
collected by each | ||||||
14 | inter-track wagering location licensee within the park
| ||||||
15 | district or conservation district or municipality for | ||||||
16 | the Fund. Monies that
were paid into the Horse Racing | ||||||
17 | Tax Allocation Fund before August 9, 1991 (the | ||||||
18 | effective date
of Public Act 87-110) by an inter-track | ||||||
19 | wagering location licensee
located in a municipality | ||||||
20 | that is not included within any park district but is
| ||||||
21 | included within a conservation district as provided in | ||||||
22 | this paragraph shall, as
soon as practicable after | ||||||
23 | August 9, 1991 (the effective date of Public Act | ||||||
24 | 87-110), be
allocated and paid to that conservation | ||||||
25 | district as provided in this paragraph.
Any park | ||||||
26 | district or municipality not maintaining a museum may |
| |||||||
| |||||||
1 | deposit the
monies in the corporate fund of the park | ||||||
2 | district or municipality where the
inter-track | ||||||
3 | wagering location is located, to be used for general | ||||||
4 | purposes;
and
| ||||||
5 | One-seventh to the Agricultural Premium Fund to be | ||||||
6 | used for distribution
to agricultural home economics | ||||||
7 | extension councils in accordance with "An
Act in | ||||||
8 | relation to additional support and finances for the | ||||||
9 | Agricultural and
Home Economic Extension Councils in | ||||||
10 | the several counties of this State and
making an | ||||||
11 | appropriation therefor", approved July 24, 1967.
| ||||||
12 | Until January 1, 2000, all other
monies paid into the | ||||||
13 | Horse Racing Tax
Allocation Fund pursuant to
this | ||||||
14 | paragraph (11) shall be allocated by appropriation as | ||||||
15 | follows:
| ||||||
16 | Two-sevenths to the Department of Agriculture. | ||||||
17 | Fifty percent of this
two-sevenths shall be used to | ||||||
18 | promote the Illinois horse racing and breeding
| ||||||
19 | industry, and shall be distributed by the Department | ||||||
20 | of Agriculture upon the
advice of a 9-member committee | ||||||
21 | appointed by the Governor consisting of the
following | ||||||
22 | members: the Director of Agriculture, who shall serve | ||||||
23 | as chairman; 2
representatives of organization | ||||||
24 | licensees conducting thoroughbred race meetings
in | ||||||
25 | this State, recommended by those licensees; 2 | ||||||
26 | representatives of
organization licensees conducting |
| |||||||
| |||||||
1 | standardbred race meetings in this State,
recommended | ||||||
2 | by those licensees; a representative of the Illinois | ||||||
3 | Thoroughbred
Breeders and Owners Foundation, | ||||||
4 | recommended by that Foundation; a
representative of | ||||||
5 | the Illinois Standardbred Owners and Breeders | ||||||
6 | Association,
recommended by that Association; a | ||||||
7 | representative of the Horsemen's Benevolent
and | ||||||
8 | Protective Association or any successor organization | ||||||
9 | thereto established
in Illinois comprised of the | ||||||
10 | largest number of owners and trainers,
recommended by | ||||||
11 | that Association or that successor organization; and a
| ||||||
12 | representative of the Illinois Harness Horsemen's | ||||||
13 | Association, recommended by
that Association. | ||||||
14 | Committee members shall serve for terms of 2 years,
| ||||||
15 | commencing January 1 of each even-numbered year. If a | ||||||
16 | representative of any of
the above-named entities has | ||||||
17 | not been recommended by January 1 of any
even-numbered | ||||||
18 | year, the Governor shall appoint a committee member to | ||||||
19 | fill that
position. Committee members shall receive no | ||||||
20 | compensation for their services
as members but shall | ||||||
21 | be reimbursed for all actual and necessary expenses | ||||||
22 | and
disbursements incurred in the performance of their | ||||||
23 | official duties. The
remaining 50% of this | ||||||
24 | two-sevenths shall be distributed to county fairs for
| ||||||
25 | premiums and rehabilitation as set forth in the | ||||||
26 | Agricultural Fair Act;
|
| |||||||
| |||||||
1 | Four-sevenths to museums and aquariums located in | ||||||
2 | park districts of over
500,000 population; provided | ||||||
3 | that the monies are distributed in accordance with
the | ||||||
4 | previous year's distribution of the maintenance tax | ||||||
5 | for such museums and
aquariums as provided in Section | ||||||
6 | 2 of the Park District Aquarium and Museum
Act; and
| ||||||
7 | One-seventh to the Agricultural Premium Fund to be | ||||||
8 | used for distribution
to agricultural home economics | ||||||
9 | extension councils in accordance with "An Act
in | ||||||
10 | relation to additional support and finances for the | ||||||
11 | Agricultural and
Home Economic Extension Councils in | ||||||
12 | the several counties of this State and
making an | ||||||
13 | appropriation therefor", approved July 24, 1967.
This | ||||||
14 | subparagraph (C) shall be inoperative and of no force | ||||||
15 | and effect on and
after January 1, 2000.
| ||||||
16 | (D) Except as provided in paragraph (11) of this | ||||||
17 | subsection (h),
with respect to purse allocation from | ||||||
18 | inter-track wagering, the monies so
retained shall be | ||||||
19 | divided as follows:
| ||||||
20 | (i) If the inter-track wagering licensee, | ||||||
21 | except an inter-track
wagering licensee that | ||||||
22 | derives its license from an organization
licensee | ||||||
23 | located in a county with a population in excess of | ||||||
24 | 230,000 and bounded
by the Mississippi River, is | ||||||
25 | not conducting its own
race meeting during the | ||||||
26 | same dates, then the entire purse allocation shall |
| |||||||
| |||||||
1 | be
to purses at the track where the races wagered | ||||||
2 | on are being conducted.
| ||||||
3 | (ii) If the inter-track wagering licensee, | ||||||
4 | except an inter-track
wagering licensee that | ||||||
5 | derives its license from an organization
licensee | ||||||
6 | located in a county with a population in excess of | ||||||
7 | 230,000 and bounded
by the Mississippi River, is | ||||||
8 | also
conducting its own
race meeting during the | ||||||
9 | same dates, then the purse allocation shall be as
| ||||||
10 | follows: 50% to purses at the track where the | ||||||
11 | races wagered on are
being conducted; 50% to | ||||||
12 | purses at the track where the inter-track
wagering | ||||||
13 | licensee is accepting such wagers.
| ||||||
14 | (iii) If the inter-track wagering is being | ||||||
15 | conducted by an inter-track
wagering location | ||||||
16 | licensee, except an inter-track wagering location | ||||||
17 | licensee
that derives its license from an | ||||||
18 | organization licensee located in a
county with a | ||||||
19 | population in excess of 230,000 and bounded by the | ||||||
20 | Mississippi
River, the entire purse allocation for | ||||||
21 | Illinois races shall
be to purses at the track | ||||||
22 | where the race meeting being wagered on is being
| ||||||
23 | held.
| ||||||
24 | (12) The Board shall have all powers necessary and | ||||||
25 | proper to fully
supervise and control the conduct of
| ||||||
26 | inter-track wagering and simulcast
wagering by inter-track |
| |||||||
| |||||||
1 | wagering licensees and inter-track wagering location
| ||||||
2 | licensees, including, but not
limited to , the following:
| ||||||
3 | (A) The Board is vested with power to promulgate | ||||||
4 | reasonable rules and
regulations for the purpose of | ||||||
5 | administering the
conduct of this
wagering and to | ||||||
6 | prescribe reasonable rules, regulations and conditions | ||||||
7 | under
which such wagering shall be held and conducted. | ||||||
8 | Such rules and regulations
are to provide for the | ||||||
9 | prevention of practices detrimental to the public
| ||||||
10 | interest and for
the best interests of said wagering | ||||||
11 | and to impose penalties
for violations thereof.
| ||||||
12 | (B) The Board, and any person or persons to whom it | ||||||
13 | delegates this
power, is vested with the power to | ||||||
14 | enter the
facilities of any licensee to determine | ||||||
15 | whether there has been
compliance with the provisions | ||||||
16 | of this Act and the rules and regulations
relating to | ||||||
17 | the conduct of such wagering.
| ||||||
18 | (C) The Board, and any person or persons to whom it | ||||||
19 | delegates this
power, may eject or exclude from any | ||||||
20 | licensee's facilities, any person whose
conduct or | ||||||
21 | reputation
is such that his presence on such premises | ||||||
22 | may, in the opinion of the Board,
call into the | ||||||
23 | question the honesty and integrity of, or interfere | ||||||
24 | with the
orderly conduct of such wagering; provided, | ||||||
25 | however, that no person shall
be excluded or ejected | ||||||
26 | from such premises solely on the grounds of race,
|
| |||||||
| |||||||
1 | color, creed, national origin, ancestry, or sex.
| ||||||
2 | (D) (Blank).
| ||||||
3 | (E) The Board is vested with the power to appoint | ||||||
4 | delegates to execute
any of the powers granted to it | ||||||
5 | under this Section for the purpose of
administering | ||||||
6 | this wagering and any
rules and
regulations
| ||||||
7 | promulgated in accordance with this Act.
| ||||||
8 | (F) The Board shall name and appoint a State | ||||||
9 | director of this wagering
who shall be a | ||||||
10 | representative of the Board and whose
duty it shall
be | ||||||
11 | to supervise the conduct of inter-track wagering as | ||||||
12 | may be provided for
by the rules and regulations of the | ||||||
13 | Board; such rules and regulation shall
specify the | ||||||
14 | method of appointment and the Director's powers, | ||||||
15 | authority and
duties.
| ||||||
16 | (G) The Board is vested with the power to impose | ||||||
17 | civil penalties of up
to $5,000 against individuals | ||||||
18 | and up to $10,000 against
licensees for each violation | ||||||
19 | of any provision of
this Act relating to the conduct of | ||||||
20 | this wagering, any
rules adopted
by the Board, any | ||||||
21 | order of the Board or any other action which in the | ||||||
22 | Board's
discretion, is a detriment or impediment to | ||||||
23 | such wagering.
| ||||||
24 | (13) The Department of Agriculture may enter into | ||||||
25 | agreements with
licensees authorizing such licensees to | ||||||
26 | conduct inter-track
wagering on races to be held at the |
| |||||||
| |||||||
1 | licensed race meetings conducted by the
Department of | ||||||
2 | Agriculture. Such
agreement shall specify the races of the | ||||||
3 | Department of Agriculture's
licensed race meeting upon | ||||||
4 | which the licensees will conduct wagering. In the
event | ||||||
5 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
6 | on races from the Illinois State Fair
or DuQuoin State | ||||||
7 | Fair which are in addition to the licensee's previously
| ||||||
8 | approved racing program, those races shall be considered a | ||||||
9 | separate racing day
for the
purpose of determining the | ||||||
10 | daily handle and computing the privilege or
pari-mutuel | ||||||
11 | tax on
that daily handle as provided in Sections 27
and | ||||||
12 | 27.1. Such
agreements shall be approved by the Board | ||||||
13 | before such wagering may be
conducted. In determining | ||||||
14 | whether to grant approval, the Board shall give
due | ||||||
15 | consideration to the best interests of the public and of | ||||||
16 | horse racing.
The provisions of paragraphs (1), (8), | ||||||
17 | (8.1), and (8.2) of
subsection (h) of this
Section which | ||||||
18 | are not specified in this paragraph (13) shall not apply | ||||||
19 | to
licensed race meetings conducted by the Department of | ||||||
20 | Agriculture at the
Illinois State Fair in Sangamon County | ||||||
21 | or the DuQuoin State Fair in Perry
County, or to any | ||||||
22 | wagering conducted on
those race meetings. | ||||||
23 | (14) An inter-track wagering location license | ||||||
24 | authorized by the Board in 2016 that is owned and operated | ||||||
25 | by a race track in Rock Island County shall be transferred | ||||||
26 | to a commonly owned race track in Cook County on August 12, |
| |||||||
| |||||||
1 | 2016 (the effective date of Public Act 99-757). The | ||||||
2 | licensee shall retain its status in relation to purse | ||||||
3 | distribution under paragraph (11) of this subsection (h) | ||||||
4 | following the transfer to the new entity. The pari-mutuel | ||||||
5 | tax credit under Section 32.1 shall not be applied toward | ||||||
6 | any pari-mutuel tax obligation of the inter-track wagering | ||||||
7 | location licensee of the license that is transferred under | ||||||
8 | this paragraph (14).
| ||||||
9 | (i) Notwithstanding the other provisions of this Act, the | ||||||
10 | conduct of
wagering at wagering facilities is authorized on | ||||||
11 | all days, except as limited by
subsection (b) of Section 19 of | ||||||
12 | this Act.
| ||||||
13 | (Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18; | ||||||
14 | 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff. | ||||||
15 | 7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised | ||||||
16 | 9-27-19.)
| ||||||
17 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
18 | Sec. 27. (a) In addition to the organization license fee | ||||||
19 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
20 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
21 | system of wagering permitted under this
Act. Until January 1, | ||||||
22 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
23 | this Act, all of
the breakage of each racing day held by any | ||||||
24 | licensee in the State shall be paid
to the State.
Until January | ||||||
25 | 1, 2000, such daily graduated privilege tax shall be paid by
|
| |||||||
| |||||||
1 | the
licensee from the amount permitted to be retained under | ||||||
2 | this Act.
Until January 1, 2000, each day's
graduated | ||||||
3 | privilege tax, breakage, and Horse Racing Tax Allocation
funds | ||||||
4 | shall be remitted to the Department of Revenue within 48 hours | ||||||
5 | after the
close of the racing day upon which it is assessed or | ||||||
6 | within such other time as
the Board prescribes. The privilege | ||||||
7 | tax hereby imposed, until January
1, 2000, shall be a flat tax | ||||||
8 | at
the rate of 2% of the daily pari-mutuel handle except as | ||||||
9 | provided in Section
27.1. | ||||||
10 | In addition, every organization licensee, except as
| ||||||
11 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
12 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
13 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
14 | wagered each day on such multiple wagers,
plus an additional | ||||||
15 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
16 | other multiple wager which involves a single
betting interest | ||||||
17 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
18 | such taxes to the Department of Revenue within 48 hours after | ||||||
19 | the close of
the racing day on which it is assessed or within | ||||||
20 | such other time as the Board
prescribes. | ||||||
21 | This subsection (a) shall be inoperative and of no force | ||||||
22 | and effect on and
after January 1, 2000. | ||||||
23 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
24 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
25 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
26 | wagering from a location other than a wagering facility, |
| |||||||
| |||||||
1 | except as otherwise provided for in this subsection (a-5). In | ||||||
2 | addition to the pari-mutuel tax imposed on advance deposit | ||||||
3 | wagering pursuant to this subsection (a-5), beginning on | ||||||
4 | August 24, 2012 (the effective date of Public Act 97-1060), an | ||||||
5 | additional pari-mutuel tax at the rate of 0.25% shall be | ||||||
6 | imposed on advance deposit wagering. Until August 25, 2012, | ||||||
7 | the additional 0.25% pari-mutuel tax imposed on advance | ||||||
8 | deposit wagering by Public Act 96-972 shall be deposited into | ||||||
9 | the Quarter Horse Purse Fund, which shall be created as a | ||||||
10 | non-appropriated trust fund administered by the Board for | ||||||
11 | grants to thoroughbred organization licensees for payment of | ||||||
12 | purses for quarter horse races conducted by the organization | ||||||
13 | licensee. Beginning on August 26, 2012, the additional 0.25% | ||||||
14 | pari-mutuel tax imposed on advance deposit wagering shall be | ||||||
15 | deposited into the Standardbred Purse Fund, which shall be | ||||||
16 | created as a non-appropriated trust fund administered by the | ||||||
17 | Board, for grants to the standardbred organization licensees | ||||||
18 | for payment of purses for standardbred horse races conducted | ||||||
19 | by the organization licensee. Thoroughbred organization | ||||||
20 | licensees may petition the Board to conduct quarter horse | ||||||
21 | racing and receive purse grants from the Quarter Horse Purse | ||||||
22 | Fund. The Board shall have complete discretion in distributing | ||||||
23 | the Quarter Horse Purse Fund to the petitioning organization | ||||||
24 | licensees. Beginning on July 26, 2010 (the effective date of | ||||||
25 | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of | ||||||
26 | the daily pari-mutuel handle is imposed at a pari-mutuel |
| |||||||
| |||||||
1 | facility whose license is derived from a track located in a | ||||||
2 | county that borders the Mississippi River and conducted live | ||||||
3 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
4 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
5 | Revenue within 48 hours after the close of the racing day upon | ||||||
6 | which it is
assessed or within such other time as the Board | ||||||
7 | prescribes. | ||||||
8 | (a-10) Beginning on the date when an organization licensee | ||||||
9 | begins conducting gaming pursuant to an organization gaming | ||||||
10 | license, the following pari-mutuel tax is imposed upon an | ||||||
11 | organization licensee on Illinois races at the licensee's | ||||||
12 | racetrack: | ||||||
13 | 1.5% of the pari-mutuel handle at or below the average | ||||||
14 | daily pari-mutuel handle for 2011. | ||||||
15 | 2% of the pari-mutuel handle above the average daily | ||||||
16 | pari-mutuel handle for 2011 up to 125% of the average | ||||||
17 | daily pari-mutuel handle for 2011. | ||||||
18 | 2.5% of the pari-mutuel handle 125% or more above the | ||||||
19 | average daily pari-mutuel handle for 2011 up to 150% of | ||||||
20 | the average daily pari-mutuel handle for 2011. | ||||||
21 | 3% of the pari-mutuel handle 150% or more above the | ||||||
22 | average daily pari-mutuel handle for 2011 up to 175% of | ||||||
23 | the average daily pari-mutuel handle for 2011. | ||||||
24 | 3.5% of the pari-mutuel handle 175% or more above the | ||||||
25 | average daily pari-mutuel handle for 2011. | ||||||
26 | The pari-mutuel tax imposed by this subsection (a-10) |
| |||||||
| |||||||
1 | shall be remitted to the Board within 48 hours after the close | ||||||
2 | of the racing day upon which it is assessed or within such | ||||||
3 | other time as the Board prescribes. | ||||||
4 | (b) On or before December 31, 1999, in
the event that any | ||||||
5 | organization
licensee conducts
2 separate programs
of races on | ||||||
6 | any day, each such program shall be considered a separate
| ||||||
7 | racing day for purposes of determining the daily handle and | ||||||
8 | computing
the privilege tax on such daily handle as provided | ||||||
9 | in subsection (a) of
this Section. | ||||||
10 | (c) Licensees shall at all times keep accurate
books
and | ||||||
11 | records of all monies wagered on each day of a race meeting and | ||||||
12 | of
the taxes paid to the Department of Revenue under the | ||||||
13 | provisions of this
Section. The Board or its duly authorized | ||||||
14 | representative or
representatives shall at all reasonable | ||||||
15 | times have access to such
records for the purpose of examining | ||||||
16 | and checking the same and
ascertaining whether the proper | ||||||
17 | amount of taxes is being paid as
provided. The Board shall | ||||||
18 | require verified reports and a statement of
the total of all | ||||||
19 | monies wagered daily at each wagering facility upon which
the | ||||||
20 | taxes are assessed and may prescribe forms upon which such | ||||||
21 | reports
and statement shall be made. | ||||||
22 | (d) Before a license is issued or re-issued, the licensee | ||||||
23 | shall post a bond in the sum of $500,000 to the State of | ||||||
24 | Illinois. The bond shall be used to guarantee that the | ||||||
25 | licensee faithfully makes the payments, keeps the books and | ||||||
26 | records , and makes reports, and conducts games of chance in |
| |||||||
| |||||||
1 | conformity with this Act and the rules adopted by the Board. | ||||||
2 | The bond shall not be canceled by a surety on less than 30 | ||||||
3 | days' notice in writing to the Board. If a bond is canceled and | ||||||
4 | the licensee fails to file a new bond with the Board in the | ||||||
5 | required amount on or before the effective date of | ||||||
6 | cancellation, the licensee's license shall be revoked. The | ||||||
7 | total and aggregate liability of the surety on the bond is | ||||||
8 | limited to the amount specified in the bond. | ||||||
9 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
10 | racing fee, except as provided in this Act, shall be assessed | ||||||
11 | or
collected from any such licensee by the State. | ||||||
12 | (f) No other license fee, privilege tax, excise tax or | ||||||
13 | racing fee shall be
assessed or collected from any such | ||||||
14 | licensee by units of local government
except as provided in | ||||||
15 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
16 | 26 of this Act. However, any municipality that has a Board | ||||||
17 | licensed
horse race meeting at a race track wholly within its | ||||||
18 | corporate boundaries or a
township that has a Board licensed | ||||||
19 | horse race meeting at a race track wholly
within the | ||||||
20 | unincorporated area of the township may charge a local
| ||||||
21 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
22 | race meeting
by the enactment of an ordinance. However, any | ||||||
23 | municipality or county
that has a Board licensed inter-track | ||||||
24 | wagering location facility wholly
within its corporate | ||||||
25 | boundaries may each impose an admission fee not
to exceed | ||||||
26 | $1.00 per admission to such inter-track wagering location |
| |||||||
| |||||||
1 | facility,
so that a total of not more than $2.00 per admission | ||||||
2 | may be imposed.
Except as provided in subparagraph (g) of | ||||||
3 | Section 27 of this Act, the
inter-track wagering location | ||||||
4 | licensee shall collect any and all such fees. Inter-track | ||||||
5 | wagering location licensees must pay the admission fees | ||||||
6 | required under this subsection (f) to the municipality and | ||||||
7 | county no later than the 20th of the month following the month | ||||||
8 | such admission fees were imposed. as the Board prescribes | ||||||
9 | (g) Notwithstanding any provision in this Act to the | ||||||
10 | contrary, if in any
calendar year the total taxes and fees from | ||||||
11 | wagering on live racing and from
inter-track wagering required | ||||||
12 | to be collected from
licensees and distributed under this Act | ||||||
13 | to all State and local governmental
authorities exceeds the | ||||||
14 | amount of such taxes and fees distributed to each State
and | ||||||
15 | local governmental authority to which each State and local | ||||||
16 | governmental
authority was entitled under this Act for | ||||||
17 | calendar year 1994, then the first
$11 million of that excess | ||||||
18 | amount shall be allocated at the earliest possible
date for | ||||||
19 | distribution as purse money for the succeeding calendar year.
| ||||||
20 | Upon reaching the 1994 level, and until the excess amount of | ||||||
21 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
22 | licensees to cease paying the
subject taxes and fees and the | ||||||
23 | Board shall direct all licensees to allocate any such excess | ||||||
24 | amount for purses as
follows: | ||||||
25 | (i) the excess amount shall be initially divided | ||||||
26 | between thoroughbred and
standardbred purses based on the |
| |||||||
| |||||||
1 | thoroughbred's and standardbred's respective
percentages | ||||||
2 | of total Illinois live wagering in calendar year 1994; | ||||||
3 | (ii) each thoroughbred and standardbred organization | ||||||
4 | licensee issued an
organization licensee in that | ||||||
5 | succeeding allocation year shall
be
allocated an amount | ||||||
6 | equal to the product of its percentage of total
Illinois
| ||||||
7 | live thoroughbred or standardbred wagering in calendar | ||||||
8 | year 1994 (the total to
be determined based on the sum of | ||||||
9 | 1994 on-track wagering for all organization
licensees | ||||||
10 | issued organization licenses in both the allocation year | ||||||
11 | and the
preceding year) multiplied by
the total amount | ||||||
12 | allocated for standardbred or thoroughbred purses, | ||||||
13 | provided
that the first $1,500,000 of the amount allocated | ||||||
14 | to standardbred
purses under item (i) shall be allocated | ||||||
15 | to the Department of
Agriculture to be expended with the | ||||||
16 | assistance and advice of the Illinois
Standardbred | ||||||
17 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
18 | subsection (g) of Section 31 of this Act, before the | ||||||
19 | amount allocated to
standardbred purses under item (i) is | ||||||
20 | allocated to standardbred
organization licensees in the | ||||||
21 | succeeding allocation year. | ||||||
22 | To the extent the excess amount of taxes and fees to be | ||||||
23 | collected and
distributed to State and local governmental | ||||||
24 | authorities exceeds $11 million,
that excess amount shall be | ||||||
25 | collected and distributed to State and local
authorities as | ||||||
26 | provided for under this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19; | ||||||
2 | 101-52, eff. 7-12-19; revised 8-28-19.)
| ||||||
3 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
4 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
5 | policy of
this State to encourage the breeding of standardbred | ||||||
6 | horses in this
State and the ownership of such horses by | ||||||
7 | residents of this State in
order to provide for: sufficient | ||||||
8 | numbers of high quality standardbred
horses to participate in | ||||||
9 | harness racing meetings in this State, and to
establish and | ||||||
10 | preserve the agricultural and commercial benefits of such
| ||||||
11 | breeding and racing industries to the State of Illinois. It is | ||||||
12 | the
intent of the General Assembly to further this policy by | ||||||
13 | the provisions
of this Section of this Act.
| ||||||
14 | (b) Each organization licensee conducting a harness
racing | ||||||
15 | meeting pursuant to this Act shall provide for at least two | ||||||
16 | races each
race program limited to
Illinois conceived and | ||||||
17 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
18 | week limited to Illinois conceived and foaled horses. No
| ||||||
19 | horses shall be permitted to start in such races unless duly | ||||||
20 | registered
under the rules of the Department of Agriculture.
| ||||||
21 | (b-5) Organization licensees, not including the Illinois | ||||||
22 | State Fair or the DuQuoin State Fair, shall provide stake | ||||||
23 | races and early closer races for Illinois conceived and foaled | ||||||
24 | horses so that purses distributed for such races shall be no | ||||||
25 | less than 17% of total purses distributed for harness racing |
| |||||||
| |||||||
1 | in that calendar year in addition to any stakes payments and | ||||||
2 | starting fees contributed by horse owners. | ||||||
3 | (b-10) Each organization licensee conducting a harness | ||||||
4 | racing meeting
pursuant to this Act shall provide an owner | ||||||
5 | award to be paid from the purse
account equal to 12% of the | ||||||
6 | amount earned by Illinois conceived and foaled
horses | ||||||
7 | finishing in the first 3 positions in races that are not | ||||||
8 | restricted to Illinois conceived and foaled
horses. The owner | ||||||
9 | awards shall not be paid on races below the $10,000 claiming | ||||||
10 | class. | ||||||
11 | (c) Conditions of races under subsection (b) shall be | ||||||
12 | commensurate
with past performance, quality and class of | ||||||
13 | Illinois conceived and
foaled horses available. If, however, | ||||||
14 | sufficient competition cannot be
had among horses of that | ||||||
15 | class on any day, the races may, with consent
of the Board, be | ||||||
16 | eliminated for that day and substitute races provided.
| ||||||
17 | (d) There is hereby created a special fund of the State | ||||||
18 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
19 | Fund. Beginning on June 28, 2019 ( the effective date of Public | ||||||
20 | Act 101-31) this amendatory Act of the 101st General Assembly , | ||||||
21 | the Illinois Standardbred Breeders Fund shall become a | ||||||
22 | non-appropriated trust fund held separate and apart from State | ||||||
23 | moneys. Expenditures from this Fund shall no longer be subject | ||||||
24 | to appropriation.
| ||||||
25 | During the calendar year 1981, and each year thereafter, | ||||||
26 | except as provided
in subsection (g) of Section 27 of this Act, |
| |||||||
| |||||||
1 | eight and one-half
per cent of all the monies received by the | ||||||
2 | State as privilege taxes on
harness racing meetings shall be | ||||||
3 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
4 | (e) Notwithstanding any provision of law to the contrary, | ||||||
5 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
6 | from revenues generated by gaming pursuant to an organization | ||||||
7 | gaming license issued under the Illinois Gambling Act after | ||||||
8 | June 28, 2019 ( the effective date of Public Act 101-31) this | ||||||
9 | amendatory Act of the 101st General Assembly shall be in | ||||||
10 | addition to tax and fee amounts paid under this Section for | ||||||
11 | calendar year 2019 and thereafter. The Illinois Standardbred | ||||||
12 | Breeders Fund shall be administered by
the Department of | ||||||
13 | Agriculture with the assistance and advice of the
Advisory | ||||||
14 | Board created in subsection (f) of this Section.
| ||||||
15 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
16 | is hereby
created. The Advisory Board shall consist of the | ||||||
17 | Director of the
Department of Agriculture, who shall serve as | ||||||
18 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
19 | member of the Illinois
Racing Board, designated by it; a | ||||||
20 | representative of the largest association of Illinois | ||||||
21 | standardbred owners and breeders, recommended by it; a
| ||||||
22 | representative of a statewide association representing | ||||||
23 | agricultural fairs in Illinois,
recommended by it, such | ||||||
24 | representative to be from a fair at which
Illinois conceived | ||||||
25 | and foaled racing is conducted; a representative of
the | ||||||
26 | organization licensees conducting harness racing
meetings, |
| |||||||
| |||||||
1 | recommended by them; a representative of the Breeder's | ||||||
2 | Committee of the association representing the largest number | ||||||
3 | of standardbred owners, breeders, trainers, caretakers, and | ||||||
4 | drivers, recommended by it;
and a representative of the | ||||||
5 | association representing the largest number of standardbred | ||||||
6 | owners, breeders, trainers, caretakers, and drivers,
| ||||||
7 | recommended by it. Advisory Board members shall serve for 2 | ||||||
8 | years
commencing January 1 of each odd numbered year. If | ||||||
9 | representatives of
the largest association of Illinois | ||||||
10 | standardbred owners and breeders, a statewide association of | ||||||
11 | agricultural fairs in Illinois, the association representing | ||||||
12 | the largest number of standardbred owners, breeders, trainers, | ||||||
13 | caretakers, and drivers, a member of the Breeder's Committee | ||||||
14 | of the association representing the largest number of | ||||||
15 | standardbred owners, breeders, trainers, caretakers, and | ||||||
16 | drivers, and the organization licensees conducting
harness | ||||||
17 | racing meetings
have not been recommended by January 1 of each | ||||||
18 | odd numbered year, the
Director of the Department of | ||||||
19 | Agriculture shall make an appointment for
the organization | ||||||
20 | failing to so recommend a member of the Advisory Board.
| ||||||
21 | Advisory Board members shall receive no compensation for their | ||||||
22 | services
as members but shall be reimbursed for all actual and | ||||||
23 | necessary expenses
and disbursements incurred in the execution | ||||||
24 | of their official duties.
| ||||||
25 | (g) Monies expended
from the Illinois Standardbred | ||||||
26 | Breeders Fund shall be
expended by the Department of |
| |||||||
| |||||||
1 | Agriculture, with the assistance and
advice of the Illinois | ||||||
2 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
3 | purposes only:
| ||||||
4 | 1. To provide purses for races limited to Illinois | ||||||
5 | conceived and
foaled horses at the State Fair and the | ||||||
6 | DuQuoin State Fair.
| ||||||
7 | 2. To provide purses for races limited to Illinois | ||||||
8 | conceived and
foaled horses at county fairs.
| ||||||
9 | 3. To provide purse supplements for races limited to | ||||||
10 | Illinois
conceived and foaled horses conducted by | ||||||
11 | associations conducting harness
racing meetings.
| ||||||
12 | 4. No less than 75% of all monies in the Illinois | ||||||
13 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
14 | 1, 2 , and 3 as shown above.
| ||||||
15 | 5. In the discretion of the Department of Agriculture | ||||||
16 | to provide
awards to harness breeders of Illinois | ||||||
17 | conceived and foaled horses which
win races conducted by | ||||||
18 | organization licensees
conducting harness racing meetings.
| ||||||
19 | A breeder is the owner of a mare at the time of conception. | ||||||
20 | No more
than 10% of all monies appropriated from the | ||||||
21 | Illinois
Standardbred Breeders Fund shall
be expended for | ||||||
22 | such harness breeders awards. No more than 25% of the
| ||||||
23 | amount expended for harness breeders awards shall be | ||||||
24 | expended for
expenses incurred in the administration of | ||||||
25 | such harness breeders awards.
| ||||||
26 | 6. To pay for the improvement of racing facilities |
| |||||||
| |||||||
1 | located at the
State Fair and County fairs.
| ||||||
2 | 7. To pay the expenses incurred in the administration | ||||||
3 | of the
Illinois Standardbred Breeders Fund.
| ||||||
4 | 8. To promote the sport of harness racing, including | ||||||
5 | grants up to a
maximum of $7,500 per fair per year for | ||||||
6 | conducting pari-mutuel wagering during the advertised | ||||||
7 | dates of a
county fair.
| ||||||
8 | 9. To pay up to $50,000 annually for the Department of | ||||||
9 | Agriculture to conduct drug testing at county fairs racing | ||||||
10 | standardbred horses. | ||||||
11 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
12 | to administrative charges or chargebacks, including, but not | ||||||
13 | limited to, those authorized under Section 8h of the State | ||||||
14 | Finance Act.
| ||||||
15 | (i) A sum equal to 13% of the first prize money of the | ||||||
16 | gross purse
won by an Illinois conceived and foaled horse | ||||||
17 | shall be paid 50% by the
organization licensee conducting the | ||||||
18 | horse race meeting to the breeder
of such winning horse from | ||||||
19 | the organization licensee's account and 50% from the purse | ||||||
20 | account of the licensee.
Such payment
shall not reduce any | ||||||
21 | award to the owner of
the horse or reduce the taxes payable | ||||||
22 | under this Act. Such payment
shall be delivered by the | ||||||
23 | organization licensee at the end of each quarter.
| ||||||
24 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
25 | assistance and advice of the Illinois Standardbred Breeders | ||||||
26 | Fund
Advisory Board:
|
| |||||||
| |||||||
1 | 1. Qualify stallions for Illinois Standardbred | ||||||
2 | Breeders Fund breeding; such stallion
shall be owned by a | ||||||
3 | resident of the State of Illinois or by an Illinois
| ||||||
4 | corporation all of whose shareholders, directors, officers | ||||||
5 | and
incorporators are residents of the State of Illinois. | ||||||
6 | Such stallion shall
stand for
service at and within the | ||||||
7 | State of Illinois at the time of a foal's
conception, and | ||||||
8 | such stallion must not stand for service at any place, nor
| ||||||
9 | may semen from such stallion be transported,
outside the | ||||||
10 | State of Illinois during that calendar year in which the
| ||||||
11 | foal is conceived and that the owner of the stallion was | ||||||
12 | for the
12
months prior, a resident of Illinois. However, | ||||||
13 | from January 1, 2018 until January 1, 2022, semen from an | ||||||
14 | Illinois stallion may be transported outside the State of | ||||||
15 | Illinois.
The articles of agreement of any partnership, | ||||||
16 | joint venture, limited
partnership, syndicate, association | ||||||
17 | or corporation and any bylaws and stock
certificates must | ||||||
18 | contain a restriction that provides that the ownership or
| ||||||
19 | transfer of interest by any one of the persons a party to | ||||||
20 | the agreement can
only be made to a person who qualifies as | ||||||
21 | an Illinois resident.
| ||||||
22 | 2. Provide for the registration of Illinois conceived | ||||||
23 | and foaled
horses and no such horse shall compete in the | ||||||
24 | races limited to Illinois
conceived and foaled horses | ||||||
25 | unless registered with the Department of
Agriculture. The | ||||||
26 | Department of Agriculture may prescribe such forms as
may |
| |||||||
| |||||||
1 | be necessary to determine the eligibility of such horses. | ||||||
2 | No person
shall knowingly prepare or cause preparation of | ||||||
3 | an application for
registration of such foals containing | ||||||
4 | false information.
A mare (dam) must be in the State at | ||||||
5 | least 30 days prior to foaling or
remain in the State at | ||||||
6 | least 30 days at the time of foaling. However, the | ||||||
7 | requirement that a mare (dam) must be in the State at least | ||||||
8 | 30 days before foaling or remain in the State at least 30 | ||||||
9 | days at the time of foaling shall not be in effect from | ||||||
10 | January 1, 2018 until January 1, 2022.
Beginning with the | ||||||
11 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
12 | a foal conceived by transported semen may be eligible for | ||||||
13 | Illinois
conceived and foaled registration provided all | ||||||
14 | breeding and foaling
requirements are met. The stallion | ||||||
15 | must be qualified for Illinois Standardbred
Breeders Fund | ||||||
16 | breeding at the time of conception and the mare must be
| ||||||
17 | inseminated within the State of Illinois. The foal must be | ||||||
18 | dropped in Illinois
and properly registered with the | ||||||
19 | Department of Agriculture in accordance with
this Act. | ||||||
20 | However, from January 1, 2018 until January 1, 2022, the | ||||||
21 | requirement for a mare to be inseminated within the State | ||||||
22 | of Illinois and the requirement for a foal to be dropped in | ||||||
23 | Illinois are inapplicable.
| ||||||
24 | 3. Provide that at least a 5-day racing program shall | ||||||
25 | be conducted
at the State Fair each year, unless an | ||||||
26 | alternate racing program is requested by the Illinois |
| |||||||
| |||||||
1 | Standardbred Breeders Fund Advisory Board, which program | ||||||
2 | shall include at least the
following races limited to | ||||||
3 | Illinois conceived and foaled horses: (a) a 2-year-old
two | ||||||
4 | year old Trot and Pace, and Filly Division of each; (b) a | ||||||
5 | 3-year-old three
year old Trot and Pace, and Filly | ||||||
6 | Division of each; (c) an aged Trot and Pace,
and Mare | ||||||
7 | Division of each.
| ||||||
8 | 4. Provide for the payment of nominating, sustaining | ||||||
9 | and starting
fees for races promoting the sport of harness | ||||||
10 | racing and for the races
to be conducted at the State Fair | ||||||
11 | as provided in
subsection (j) 3 of this Section provided | ||||||
12 | that the nominating,
sustaining and starting payment | ||||||
13 | required from an entrant shall not
exceed 2% of the purse | ||||||
14 | of such race. All nominating, sustaining and
starting | ||||||
15 | payments shall be held for the benefit of entrants and | ||||||
16 | shall be
paid out as part of the respective purses for such | ||||||
17 | races.
Nominating, sustaining and starting fees shall be | ||||||
18 | held in trust accounts
for the purposes as set forth in | ||||||
19 | this Act and in accordance with Section
205-15 of the | ||||||
20 | Department of Agriculture Law.
| ||||||
21 | 5. Provide for the registration with the Department of | ||||||
22 | Agriculture
of Colt Associations or county fairs desiring | ||||||
23 | to sponsor races at county
fairs.
| ||||||
24 | 6. Provide for the promotion of producing standardbred | ||||||
25 | racehorses by providing a bonus award program for owners | ||||||
26 | of 2-year-old horses that win multiple major stakes races |
| |||||||
| |||||||
1 | that are limited to Illinois conceived and foaled horses. | ||||||
2 | (k) The Department of Agriculture, with the advice and | ||||||
3 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
4 | Board, may allocate monies for purse
supplements for such | ||||||
5 | races. In determining whether to allocate money and
the | ||||||
6 | amount, the Department
of Agriculture shall consider factors, | ||||||
7 | including , but not limited to, the
amount of money | ||||||
8 | appropriated for the Illinois Standardbred Breeders Fund
| ||||||
9 | program, the number of races that may occur, and an | ||||||
10 | organization
licensee's purse structure. The organization | ||||||
11 | licensee shall notify the
Department of Agriculture of the | ||||||
12 | conditions and minimum purses for races
limited to Illinois | ||||||
13 | conceived and foaled horses to be conducted by each | ||||||
14 | organization
licensee conducting a harness racing meeting for | ||||||
15 | which purse
supplements have been negotiated.
| ||||||
16 | (l) All races held at county fairs and the State Fair which | ||||||
17 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
18 | shall be conducted in
accordance with the rules of the United | ||||||
19 | States Trotting Association unless
otherwise modified by the | ||||||
20 | Department of Agriculture.
| ||||||
21 | (m) At all standardbred race meetings held or conducted | ||||||
22 | under authority of a
license granted by the Board, and at all | ||||||
23 | standardbred races held at county
fairs which are approved by | ||||||
24 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
25 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
26 | standardbred horse unless he or she is wearing a protective |
| |||||||
| |||||||
1 | safety helmet,
with the
chin strap fastened and in place, | ||||||
2 | which meets the standards and
requirements as set forth in the | ||||||
3 | 1984 Standard for Protective Headgear for
Use in Harness | ||||||
4 | Racing and Other Equestrian Sports published by the Snell
| ||||||
5 | Memorial Foundation, or any standards and requirements for | ||||||
6 | headgear the
Illinois Racing Board may approve. Any other | ||||||
7 | standards and requirements so
approved by the Board shall | ||||||
8 | equal or exceed those published by the Snell
Memorial | ||||||
9 | Foundation. Any equestrian helmet bearing the Snell label | ||||||
10 | shall
be deemed to have met those standards and requirements.
| ||||||
11 | (Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19; | ||||||
12 | 101-157, eff. 7-26-19; revised 9-27-19.)
| ||||||
13 | Section 585. The Illinois Gambling Act is amended by | ||||||
14 | changing Section 7 as follows:
| ||||||
15 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
16 | Sec. 7. Owners licenses.
| ||||||
17 | (a) The Board shall issue owners licenses to persons or | ||||||
18 | entities that apply for such licenses upon payment to the | ||||||
19 | Board of the
non-refundable license fee as provided in | ||||||
20 | subsection (e) or (e-5) and upon a determination by the Board | ||||||
21 | that the
applicant is eligible for an owners license pursuant | ||||||
22 | to this Act and the
rules of the Board. From December 15, 2008 | ||||||
23 | ( the effective date of Public Act 95-1008) this amendatory Act | ||||||
24 | of the 95th General Assembly until (i) 3 years after December |
| |||||||
| |||||||
1 | 15, 2008 ( the effective date of Public Act 95-1008) this | ||||||
2 | amendatory Act of the 95th General Assembly , (ii) the date any | ||||||
3 | organization licensee begins to operate a slot machine or | ||||||
4 | video game of chance under the Illinois Horse Racing Act of | ||||||
5 | 1975 or this Act, (iii) the date that payments begin under | ||||||
6 | subsection (c-5) of Section 13 of this Act, (iv) the wagering | ||||||
7 | tax imposed under Section 13 of this Act is increased by law to | ||||||
8 | reflect a tax rate that is at least as stringent or more | ||||||
9 | stringent than the tax rate contained in subsection (a-3) of | ||||||
10 | Section 13, or (v) when an owners licensee holding a license | ||||||
11 | issued pursuant to Section 7.1 of this Act begins conducting | ||||||
12 | gaming, whichever occurs first, as a condition of licensure | ||||||
13 | and as an alternative source of payment for those funds | ||||||
14 | payable under subsection (c-5) of Section 13 of this Act, any | ||||||
15 | owners licensee that holds or receives its owners license on | ||||||
16 | or after May 26, 2006 ( the effective date of Public Act 94-804) | ||||||
17 | this amendatory Act of the 94th General Assembly , other than | ||||||
18 | an owners licensee operating a riverboat with adjusted gross | ||||||
19 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
20 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
21 | other payments required under this Act, an amount equal to 3% | ||||||
22 | of the adjusted gross receipts received by the owners | ||||||
23 | licensee. The payments required under this Section shall be | ||||||
24 | made by the owners licensee to the State Treasurer no later | ||||||
25 | than 3:00 o'clock p.m. of the day after the day when the | ||||||
26 | adjusted gross receipts were received by the owners licensee. |
| |||||||
| |||||||
1 | A person or entity is ineligible to receive
an owners license | ||||||
2 | if:
| ||||||
3 | (1) the person has been convicted of a felony under | ||||||
4 | the laws of this
State, any other state, or the United | ||||||
5 | States;
| ||||||
6 | (2) the person has been convicted of any violation of | ||||||
7 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, or substantially similar laws of any other | ||||||
9 | jurisdiction;
| ||||||
10 | (3) the person has submitted an application for a | ||||||
11 | license under this
Act which contains false information;
| ||||||
12 | (4) the person is
a member of the Board;
| ||||||
13 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
14 | officer, director, or
managerial employee of the entity;
| ||||||
15 | (6) the entity employs a person defined in (1), (2), | ||||||
16 | (3), or
(4) who participates in the management or | ||||||
17 | operation of gambling operations
authorized under this | ||||||
18 | Act;
| ||||||
19 | (7) (blank); or
| ||||||
20 | (8) a license of the person or entity issued under
| ||||||
21 | this Act, or a license to own or operate gambling | ||||||
22 | facilities
in any other jurisdiction, has been revoked.
| ||||||
23 | The Board is expressly prohibited from making changes to | ||||||
24 | the requirement that licensees make payment into the Horse | ||||||
25 | Racing Equity Trust Fund without the express authority of the | ||||||
26 | Illinois General Assembly and making any other rule to |
| |||||||
| |||||||
1 | implement or interpret Public Act 95-1008 this amendatory Act | ||||||
2 | of the 95th General Assembly . For the purposes of this | ||||||
3 | paragraph, "rules" is given the meaning given to that term in | ||||||
4 | Section 1-70 of the Illinois Administrative Procedure Act. | ||||||
5 | (b) In determining whether to grant an owners license to | ||||||
6 | an applicant, the
Board shall consider:
| ||||||
7 | (1) the character, reputation, experience, and | ||||||
8 | financial integrity of the
applicants and of any other or | ||||||
9 | separate person that either:
| ||||||
10 | (A) controls, directly or indirectly, such | ||||||
11 | applicant ; , or
| ||||||
12 | (B) is controlled, directly or indirectly, by such | ||||||
13 | applicant or by a
person which controls, directly or | ||||||
14 | indirectly, such applicant;
| ||||||
15 | (2) the facilities or proposed facilities for the | ||||||
16 | conduct of
gambling;
| ||||||
17 | (3) the highest prospective total revenue to be | ||||||
18 | derived by the State
from the conduct of gambling;
| ||||||
19 | (4) the extent to which the ownership of the applicant | ||||||
20 | reflects the
diversity of the State by including minority | ||||||
21 | persons, women, and persons with a disability
and the good | ||||||
22 | faith affirmative action plan of
each applicant to | ||||||
23 | recruit, train and upgrade minority persons, women, and | ||||||
24 | persons with a disability in all employment | ||||||
25 | classifications; the Board shall further consider granting | ||||||
26 | an owners license and giving preference to an applicant |
| |||||||
| |||||||
1 | under this Section to applicants in which minority persons | ||||||
2 | and women hold ownership interest of at least 16% and 4%, | ||||||
3 | respectively ; .
| ||||||
4 | (4.5) the extent to which the ownership of the | ||||||
5 | applicant includes veterans of service in the armed forces | ||||||
6 | of the United States, and the good faith affirmative | ||||||
7 | action plan of each applicant to recruit, train, and | ||||||
8 | upgrade veterans of service in the armed forces of the | ||||||
9 | United States in all employment classifications; | ||||||
10 | (5) the financial ability of the applicant to purchase | ||||||
11 | and maintain
adequate liability and casualty insurance;
| ||||||
12 | (6) whether the applicant has adequate capitalization | ||||||
13 | to provide and
maintain, for the duration of a license, a | ||||||
14 | riverboat or casino;
| ||||||
15 | (7) the extent to which the applicant exceeds or meets | ||||||
16 | other standards
for the issuance of an owners license | ||||||
17 | which the Board may adopt by rule;
| ||||||
18 | (8) the amount of the applicant's license bid;
| ||||||
19 | (9) the extent to which the applicant or the proposed | ||||||
20 | host municipality plans to enter into revenue sharing | ||||||
21 | agreements with communities other than the host | ||||||
22 | municipality; and | ||||||
23 | (10) the extent to which the ownership of an applicant | ||||||
24 | includes the most qualified number of minority persons, | ||||||
25 | women, and persons with a disability. | ||||||
26 | (c) Each owners license shall specify the place where the |
| |||||||
| |||||||
1 | casino shall
operate or the riverboat shall operate and dock.
| ||||||
2 | (d) Each applicant shall submit with his or her | ||||||
3 | application, on forms
provided by the Board, 2 sets of his or | ||||||
4 | her fingerprints.
| ||||||
5 | (e) In addition to any licenses authorized under | ||||||
6 | subsection (e-5) of this Section, the Board may issue up to 10 | ||||||
7 | licenses authorizing the holders of such
licenses to own | ||||||
8 | riverboats. In the application for an owners license, the
| ||||||
9 | applicant shall state the dock at which the riverboat is based | ||||||
10 | and the water
on which the riverboat will be located. The Board | ||||||
11 | shall issue 5 licenses to
become effective not earlier than | ||||||
12 | January 1, 1991. Three of such licenses
shall authorize | ||||||
13 | riverboat gambling on the Mississippi River, or, with approval
| ||||||
14 | by the municipality in which the
riverboat was docked on | ||||||
15 | August 7, 2003 and with Board approval, be authorized to | ||||||
16 | relocate to a new location,
in a
municipality that (1) borders | ||||||
17 | on the Mississippi River or is within 5
miles of the city | ||||||
18 | limits of a municipality that borders on the Mississippi
River | ||||||
19 | and (2) on August 7, 2003, had a riverboat conducting | ||||||
20 | riverboat gambling operations pursuant to
a license issued | ||||||
21 | under this Act; one of which shall authorize riverboat
| ||||||
22 | gambling from a home dock in the city of East St. Louis; and | ||||||
23 | one of which shall authorize riverboat
gambling from a home | ||||||
24 | dock in the City of Alton. One other license
shall
authorize | ||||||
25 | riverboat gambling on
the Illinois River in the City of East | ||||||
26 | Peoria or, with Board approval, shall authorize land-based |
| |||||||
| |||||||
1 | gambling operations anywhere within the corporate limits of | ||||||
2 | the City of Peoria. The Board shall issue one
additional | ||||||
3 | license to become effective not earlier than March 1, 1992, | ||||||
4 | which
shall authorize riverboat gambling on the Des Plaines | ||||||
5 | River in Will County.
The Board may issue 4 additional | ||||||
6 | licenses to become effective not
earlier than
March 1, 1992. | ||||||
7 | In determining the water upon which riverboats will operate,
| ||||||
8 | the Board shall consider the economic benefit which riverboat | ||||||
9 | gambling confers
on the State, and shall seek to assure that | ||||||
10 | all regions of the State share
in the economic benefits of | ||||||
11 | riverboat gambling.
| ||||||
12 | In granting all licenses, the Board may give favorable | ||||||
13 | consideration to
economically depressed areas of the State, to | ||||||
14 | applicants presenting plans
which provide for significant | ||||||
15 | economic development over a large geographic
area, and to | ||||||
16 | applicants who currently operate non-gambling riverboats in
| ||||||
17 | Illinois.
The Board shall review all applications for owners | ||||||
18 | licenses,
and shall inform each applicant of the Board's | ||||||
19 | decision.
The Board may grant an owners license to an
| ||||||
20 | applicant that has not submitted the highest license bid, but | ||||||
21 | if it does not
select the highest bidder, the Board shall issue | ||||||
22 | a written decision explaining
why another
applicant was | ||||||
23 | selected and identifying the factors set forth in this Section
| ||||||
24 | that favored the winning bidder. The fee for issuance or | ||||||
25 | renewal of a license pursuant to this subsection (e) shall be | ||||||
26 | $250,000.
|
| |||||||
| |||||||
1 | (e-5) In addition to licenses authorized under subsection | ||||||
2 | (e) of this Section: | ||||||
3 | (1) the Board may issue one owners license authorizing | ||||||
4 | the conduct of casino gambling in the City of Chicago; | ||||||
5 | (2) the Board may issue one owners license authorizing | ||||||
6 | the conduct of riverboat gambling in the City of Danville; | ||||||
7 | (3) the Board may issue one owners license authorizing | ||||||
8 | the conduct of riverboat gambling in the City of Waukegan; | ||||||
9 | (4) the Board may issue one owners license authorizing | ||||||
10 | the conduct of riverboat gambling in the City of Rockford; | ||||||
11 | (5) the Board may issue one owners license authorizing | ||||||
12 | the conduct of riverboat gambling in a municipality that | ||||||
13 | is wholly or partially located in one of the following | ||||||
14 | townships of Cook County: Bloom, Bremen, Calumet, Rich, | ||||||
15 | Thornton, or Worth Township; and | ||||||
16 | (6) the Board may issue one owners license authorizing | ||||||
17 | the conduct of riverboat gambling in the unincorporated | ||||||
18 | area of Williamson County adjacent to the Big Muddy River. | ||||||
19 | Except for the license authorized under paragraph (1), | ||||||
20 | each application for a license pursuant to this subsection | ||||||
21 | (e-5) shall be submitted to the Board no later than 120 days | ||||||
22 | after June 28, 2019 (the effective date of Public Act 101-31). | ||||||
23 | All applications for a license under this subsection (e-5) | ||||||
24 | shall include the nonrefundable application fee and the | ||||||
25 | nonrefundable background investigation fee as provided in | ||||||
26 | subsection (d) of Section 6 of this Act. In the event that an |
| |||||||
| |||||||
1 | applicant submits an application for a license pursuant to | ||||||
2 | this subsection (e-5) prior to June 28, 2019 (the effective | ||||||
3 | date of Public Act 101-31), such applicant shall submit the | ||||||
4 | nonrefundable application fee and background investigation fee | ||||||
5 | as provided in subsection (d) of Section 6 of this Act no later | ||||||
6 | than 6 months after June 28, 2019 (the effective date of Public | ||||||
7 | Act 101-31). | ||||||
8 | The Board shall consider issuing a license pursuant to | ||||||
9 | paragraphs (1) through (6) of this subsection only after the | ||||||
10 | corporate authority of the municipality or the county board of | ||||||
11 | the county in which the riverboat or casino shall be located | ||||||
12 | has certified to the Board the following: | ||||||
13 | (i) that the applicant has negotiated with the | ||||||
14 | corporate authority or county board in good faith; | ||||||
15 | (ii) that the applicant and the corporate authority or | ||||||
16 | county board have mutually agreed on the permanent | ||||||
17 | location of the riverboat or casino; | ||||||
18 | (iii) that the applicant and the corporate authority | ||||||
19 | or county board have mutually agreed on the temporary | ||||||
20 | location of the riverboat or casino; | ||||||
21 | (iv) that the applicant and the corporate authority or | ||||||
22 | the county board have mutually agreed on the percentage of | ||||||
23 | revenues that will be shared with the municipality or | ||||||
24 | county, if any; | ||||||
25 | (v) that the applicant and the corporate authority or | ||||||
26 | county board have mutually agreed on any zoning, |
| |||||||
| |||||||
1 | licensing, public health, or other issues that are within | ||||||
2 | the jurisdiction of the municipality or county; | ||||||
3 | (vi) that the corporate authority or county board has | ||||||
4 | passed a resolution or ordinance in support of the | ||||||
5 | riverboat or casino in the municipality or county; | ||||||
6 | (vii) the applicant for a license under paragraph (1) | ||||||
7 | has made a public presentation concerning its casino | ||||||
8 | proposal; and | ||||||
9 | (viii) the applicant for a license under paragraph (1) | ||||||
10 | has prepared a summary of its casino proposal and such | ||||||
11 | summary has been posted on a public website of the | ||||||
12 | municipality or the county. | ||||||
13 | At least 7 days before the corporate authority of a | ||||||
14 | municipality or county board of the county submits a | ||||||
15 | certification to the Board concerning items (i) through (viii) | ||||||
16 | of this subsection, it shall hold a public hearing to discuss | ||||||
17 | items (i) through (viii), as well as any other details | ||||||
18 | concerning the proposed riverboat or casino in the | ||||||
19 | municipality or county. The corporate authority or county | ||||||
20 | board must subsequently memorialize the details concerning the | ||||||
21 | proposed riverboat or casino in a resolution that must be | ||||||
22 | adopted by a majority of the corporate authority or county | ||||||
23 | board before any certification is sent to the Board. The Board | ||||||
24 | shall not alter, amend, change, or otherwise interfere with | ||||||
25 | any agreement between the applicant and the corporate | ||||||
26 | authority of the municipality or county board of the county |
| |||||||
| |||||||
1 | regarding the location of any temporary or permanent facility. | ||||||
2 | In addition, within 10 days after June 28, 2019 (the | ||||||
3 | effective date of Public Act 101-31), the Board, with consent | ||||||
4 | and at the expense of the City of Chicago, shall select and | ||||||
5 | retain the services of a nationally recognized casino gaming | ||||||
6 | feasibility consultant. Within 45 days after June 28, 2019 | ||||||
7 | (the effective date of Public Act 101-31), the consultant | ||||||
8 | shall prepare and deliver to the Board a study concerning the | ||||||
9 | feasibility of, and the ability to finance, a casino in the | ||||||
10 | City of Chicago. The feasibility study shall be delivered to | ||||||
11 | the Mayor of the City of Chicago, the Governor, the President | ||||||
12 | of the Senate, and the Speaker of the House of | ||||||
13 | Representatives. Ninety days after receipt of the feasibility | ||||||
14 | study, the Board shall make a determination, based on the | ||||||
15 | results of the feasibility study, whether to recommend to the | ||||||
16 | General Assembly that the terms of the license under paragraph | ||||||
17 | (1) of this subsection (e-5) should be modified. The Board may | ||||||
18 | begin accepting applications for the owners license under | ||||||
19 | paragraph (1) of this subsection (e-5) upon the determination | ||||||
20 | to issue such an owners license. | ||||||
21 | In addition, prior to the Board issuing the owners license | ||||||
22 | authorized under paragraph (4) of subsection (e-5), an impact | ||||||
23 | study shall be completed to determine what location in the | ||||||
24 | city will provide the greater impact to the region, including | ||||||
25 | the creation of jobs and the generation of tax revenue. | ||||||
26 | (e-10) The licenses authorized under subsection (e-5) of |
| |||||||
| |||||||
1 | this Section shall be issued within 12 months after the date | ||||||
2 | the license application is submitted. If the Board does not | ||||||
3 | issue the licenses within that time period, then the Board | ||||||
4 | shall give a written explanation to the applicant as to why it | ||||||
5 | has not reached a determination and when it reasonably expects | ||||||
6 | to make a determination. The fee for the issuance or renewal of | ||||||
7 | a license issued pursuant to this subsection (e-10) shall be | ||||||
8 | $250,000. Additionally, a licensee located outside of Cook | ||||||
9 | County shall pay a minimum initial fee of $17,500 per gaming | ||||||
10 | position, and a licensee located in Cook County shall pay a | ||||||
11 | minimum initial fee of $30,000 per gaming position. The | ||||||
12 | initial fees payable under this subsection (e-10) shall be | ||||||
13 | deposited into the Rebuild Illinois Projects Fund. If at any | ||||||
14 | point after June 1, 2020 there are no pending applications for | ||||||
15 | a license under subsection (e-5) and not all licenses | ||||||
16 | authorized under subsection (e-5) have been issued, then the | ||||||
17 | Board shall reopen the license application process for those | ||||||
18 | licenses authorized under subsection (e-5) that have not been | ||||||
19 | issued. The Board shall follow the licensing process provided | ||||||
20 | in subsection (e-5) with all time frames tied to the last date | ||||||
21 | of a final order issued by the Board under subsection (e-5) | ||||||
22 | rather than the effective date of the amendatory Act. | ||||||
23 | (e-15) Each licensee of a license authorized under | ||||||
24 | subsection (e-5) of this Section shall make a reconciliation | ||||||
25 | payment 3 years after the date the licensee begins operating | ||||||
26 | in an amount equal to 75% of the adjusted gross receipts for |
| |||||||
| |||||||
1 | the most lucrative 12-month period of operations, minus an | ||||||
2 | amount equal to the initial payment per gaming position paid | ||||||
3 | by the specific licensee. Each licensee shall pay a | ||||||
4 | $15,000,000 reconciliation fee upon issuance of an owners | ||||||
5 | license. If this calculation results in a negative amount, | ||||||
6 | then the licensee is not entitled to any
reimbursement of fees | ||||||
7 | previously paid. This reconciliation payment may be made in | ||||||
8 | installments over a period of no more than 6 years. | ||||||
9 | All payments by licensees under this subsection (e-15) | ||||||
10 | shall be deposited into the Rebuild Illinois Projects Fund. | ||||||
11 | (e-20) In addition to any other revocation powers granted | ||||||
12 | to the Board under this
Act,
the Board may revoke the owners | ||||||
13 | license of a licensee which fails
to begin conducting gambling | ||||||
14 | within 15 months
of receipt of the
Board's approval of the | ||||||
15 | application if the Board determines that license
revocation is | ||||||
16 | in the best interests of the State.
| ||||||
17 | (f) The first 10 owners licenses issued under this Act | ||||||
18 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
19 | thereon
for a period of 3 years after the effective date of the | ||||||
20 | license. Holders of
the first 10 owners licenses must pay the | ||||||
21 | annual license fee for each of
the 3
years during which they | ||||||
22 | are authorized to own riverboats.
| ||||||
23 | (g) Upon the termination, expiration, or revocation of | ||||||
24 | each of the first
10 licenses, which shall be issued for a | ||||||
25 | 3-year period, all licenses are
renewable annually upon | ||||||
26 | payment of the fee and a determination by the Board
that the |
| |||||||
| |||||||
1 | licensee continues to meet all of the requirements of this Act | ||||||
2 | and the
Board's rules.
However, for licenses renewed on or | ||||||
3 | after May 1, 1998, renewal shall be
for a period of 4 years, | ||||||
4 | unless the Board sets a shorter period.
| ||||||
5 | (h) An owners license, except for an owners license issued | ||||||
6 | under subsection (e-5) of this Section, shall entitle the | ||||||
7 | licensee to own up to 2
riverboats. | ||||||
8 | An owners licensee of a casino or riverboat that is | ||||||
9 | located in the City of Chicago pursuant to paragraph (1) of | ||||||
10 | subsection (e-5) of this Section shall limit the number of | ||||||
11 | gaming positions to 4,000 for such owner. An owners licensee | ||||||
12 | authorized under subsection (e) or paragraph (2), (3), (4), or | ||||||
13 | (5) of subsection (e-5) of this Section shall limit the number | ||||||
14 | of gaming positions to 2,000 for any such owners license. An | ||||||
15 | owners licensee authorized under paragraph (6) of subsection | ||||||
16 | (e-5) of this Section shall limit the number of gaming | ||||||
17 | positions to
1,200 for such owner. The initial fee for each | ||||||
18 | gaming position obtained on or after June 28, 2019 (the | ||||||
19 | effective date of Public Act 101-31) shall be a minimum of | ||||||
20 | $17,500 for licensees not located in Cook County and a minimum | ||||||
21 | of $30,000 for licensees located in Cook County, in addition | ||||||
22 | to the reconciliation payment, as set forth in subsection | ||||||
23 | (e-15) of this Section. The fees under this subsection (h) | ||||||
24 | shall be deposited into the Rebuild Illinois Projects Fund. | ||||||
25 | The fees under this subsection (h) that are paid by an owners | ||||||
26 | licensee authorized under subsection (e) shall be paid by July |
| |||||||
| |||||||
1 | 1, 2021. | ||||||
2 | Each owners licensee under subsection (e) of this Section | ||||||
3 | shall reserve its gaming positions within 30 days after June | ||||||
4 | 28, 2019 (the effective date of Public Act 101-31). The Board | ||||||
5 | may grant an extension to this 30-day period, provided that | ||||||
6 | the owners licensee submits a written request and explanation | ||||||
7 | as to why it is unable to reserve its positions within the | ||||||
8 | 30-day period. | ||||||
9 | Each owners licensee under subsection (e-5) of this | ||||||
10 | Section shall reserve its gaming positions within 30 days | ||||||
11 | after issuance of its owners license. The Board may grant an | ||||||
12 | extension to this 30-day period, provided that the owners | ||||||
13 | licensee submits a written request and explanation as to why | ||||||
14 | it is unable to reserve its positions within the 30-day | ||||||
15 | period. | ||||||
16 | A licensee may operate both of its riverboats | ||||||
17 | concurrently, provided that the
total number of gaming | ||||||
18 | positions on both riverboats does not exceed the limit | ||||||
19 | established pursuant to this subsection. Riverboats licensed | ||||||
20 | to operate on the
Mississippi River and the Illinois River | ||||||
21 | south of Marshall County shall
have an authorized capacity of | ||||||
22 | at least 500 persons. Any other riverboat
licensed under this | ||||||
23 | Act shall have an authorized capacity of at least 400
persons.
| ||||||
24 | (h-5) An owners licensee who conducted gambling operations | ||||||
25 | prior to January 1, 2012 and obtains positions pursuant to | ||||||
26 | Public Act 101-31 shall make a reconciliation payment 3 years |
| |||||||
| |||||||
1 | after any additional gaming positions begin operating in an | ||||||
2 | amount equal to 75% of the owners licensee's average gross | ||||||
3 | receipts for the most lucrative 12-month period of operations | ||||||
4 | minus an amount equal to the initial fee that the owners | ||||||
5 | licensee paid per additional gaming position. For purposes of | ||||||
6 | this subsection (h-5), "average gross receipts" means (i) the | ||||||
7 | increase in adjusted gross receipts for the most lucrative | ||||||
8 | 12-month period of operations over the adjusted gross receipts | ||||||
9 | for 2019, multiplied by (ii) the percentage derived by | ||||||
10 | dividing the number of additional gaming positions that an | ||||||
11 | owners licensee had obtained by the total number of gaming | ||||||
12 | positions operated by the owners licensee. If this calculation | ||||||
13 | results in a negative amount, then the owners licensee is not | ||||||
14 | entitled to any reimbursement of fees previously paid. This | ||||||
15 | reconciliation payment may be made in installments over a | ||||||
16 | period of no more than 6 years. These reconciliation payments | ||||||
17 | shall be deposited into the Rebuild Illinois Projects Fund. | ||||||
18 | (i) A licensed owner is authorized to apply to the Board | ||||||
19 | for and, if
approved therefor, to receive all licenses from | ||||||
20 | the Board necessary for the
operation of a riverboat or | ||||||
21 | casino, including a liquor license, a license
to prepare and | ||||||
22 | serve food for human consumption, and other necessary
| ||||||
23 | licenses. All use, occupation, and excise taxes which apply to | ||||||
24 | the sale of
food and beverages in this State and all taxes | ||||||
25 | imposed on the sale or use
of tangible personal property apply | ||||||
26 | to such sales aboard the riverboat or in the casino.
|
| |||||||
| |||||||
1 | (j) The Board may issue or re-issue a license authorizing | ||||||
2 | a riverboat to
dock
in a municipality or approve a relocation | ||||||
3 | under Section 11.2 only if, prior
to the issuance or | ||||||
4 | re-issuance of
the license or approval, the governing body of | ||||||
5 | the municipality in which
the riverboat will dock has by a | ||||||
6 | majority vote approved the docking of
riverboats in the | ||||||
7 | municipality. The Board may issue or re-issue a license
| ||||||
8 | authorizing a
riverboat to dock in areas of a county outside | ||||||
9 | any municipality or approve a
relocation under Section 11.2 | ||||||
10 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
11 | approval, the
governing body of the county has by a majority | ||||||
12 | vote approved of the docking of
riverboats within such areas.
| ||||||
13 | (k) An owners licensee may conduct land-based gambling | ||||||
14 | operations upon approval by the Board and payment of a fee of | ||||||
15 | $250,000, which shall be deposited into the State Gaming Fund. | ||||||
16 | (l) An owners licensee may conduct gaming at a temporary | ||||||
17 | facility pending the construction of a permanent facility or | ||||||
18 | the remodeling or relocation of an existing facility to | ||||||
19 | accommodate gaming participants for up to 24 months after the | ||||||
20 | temporary facility begins to conduct gaming. Upon request by | ||||||
21 | an owners licensee and upon a showing of good cause by the | ||||||
22 | owners licensee, the Board shall extend the period during | ||||||
23 | which the licensee may conduct gaming at a temporary facility | ||||||
24 | by up to 12 months. The Board shall make rules concerning the | ||||||
25 | conduct of gaming from temporary facilities. | ||||||
26 | (Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18; |
| |||||||
| |||||||
1 | 101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
| ||||||
2 | Section 590. The Raffles and Poker Runs Act is amended by | ||||||
3 | changing Sections 1, 2, 3, and 8.1 as follows:
| ||||||
4 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||||
5 | Sec. 1. Definitions. For the purposes of this Act the | ||||||
6 | terms defined
in this Section have the meanings given them.
| ||||||
7 | "Key location" means: | ||||||
8 | (1) For a poker run, the location where the poker run | ||||||
9 | concludes and the prizes are awarded. | ||||||
10 | (2) For a raffle, the location where the winning | ||||||
11 | chances in the raffle are determined. | ||||||
12 | "Law enforcement agency" means an agency of this State or | ||||||
13 | a unit of local government in this State that is vested by law | ||||||
14 | or ordinance with the duty to maintain public order and to | ||||||
15 | enforce criminal laws or ordinances. | ||||||
16 | "Net proceeds" means the gross receipts from the conduct | ||||||
17 | of raffles, less
reasonable sums expended for prizes, local | ||||||
18 | license fees and other
operating expenses incurred as a result | ||||||
19 | of operating a raffle or poker run.
| ||||||
20 | "Poker run" means a prize-awarding event organized by an | ||||||
21 | organization licensed under this Act in which participants | ||||||
22 | travel to multiple predetermined locations, including a key | ||||||
23 | location, to play a randomized game based on an element of | ||||||
24 | chance. "Poker run" includes dice runs, marble runs, or other |
| |||||||
| |||||||
1 | events where the objective is to build the best hand or highest | ||||||
2 | score by obtaining an item or playing a randomized game at each | ||||||
3 | location. | ||||||
4 | "Raffle" means a form of lottery, as defined in subsection | ||||||
5 | (b) of Section 28-2 of the
Criminal Code of 2012, conducted by | ||||||
6 | an organization licensed under this Act, in which:
| ||||||
7 | (1) the player pays or agrees to pay something of | ||||||
8 | value for a chance,
represented and differentiated by a | ||||||
9 | number or by a combination of numbers
or by some other | ||||||
10 | medium, one or more of which chances is to be designated
| ||||||
11 | the winning chance; and
| ||||||
12 | (2) the winning chance is to be determined through a | ||||||
13 | drawing or by some
other method based on an element of | ||||||
14 | chance by an act or set of acts on the
part of persons | ||||||
15 | conducting or connected with the lottery, except that the
| ||||||
16 | winning chance shall not be determined by the outcome of a | ||||||
17 | publicly exhibited
sporting contest.
| ||||||
18 | "Raffle" does not include any game designed to simulate: | ||||||
19 | (1) gambling games as defined in the Illinois Riverboat | ||||||
20 | Gambling Act, (2) any casino game approved for play by the | ||||||
21 | Illinois Gaming Board, (3) any games provided by a video | ||||||
22 | gaming terminal, as defined in the Video Gaming Act, or (4) a | ||||||
23 | savings promotion raffle authorized under Section 5g of the | ||||||
24 | Illinois Banking Act, Section 7008 of the Savings Bank Act, | ||||||
25 | Section 42.7 of the Illinois Credit Union Act, Section 5136B | ||||||
26 | of the National Bank Act, or Section 4 of the Home Owners' Loan |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
| ||||||
3 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| ||||||
4 | Sec. 2. Licensing. | ||||||
5 | (a) The governing body of any county or municipality
| ||||||
6 | within this State may establish a system for the licensing of | ||||||
7 | organizations
to operate raffles. The governing bodies of a | ||||||
8 | county and one or more
municipalities may, pursuant to a | ||||||
9 | written contract, jointly establish a
system for the licensing | ||||||
10 | of organizations to operate raffles within any
area of | ||||||
11 | contiguous territory not contained within the corporate limits | ||||||
12 | of a
municipality which is not a party to such contract. The | ||||||
13 | governing bodies
of two or more adjacent counties or two or | ||||||
14 | more adjacent municipalities
located within a county may, | ||||||
15 | pursuant to a written contract, jointly
establish a system for | ||||||
16 | the licensing of organizations to operate raffles
within the | ||||||
17 | corporate limits of such counties or municipalities. The
| ||||||
18 | licensing authority may establish special categories of | ||||||
19 | licenses and
promulgate rules relating to the various | ||||||
20 | categories. The licensing system
shall provide for limitations | ||||||
21 | upon (1) the aggregate retail value of all
prizes or | ||||||
22 | merchandise awarded by a licensee in a single raffle, if any, | ||||||
23 | (2) the
maximum retail value of each prize awarded by a | ||||||
24 | licensee in a single raffle, if any,
(3) the maximum price | ||||||
25 | which may be charged for each raffle chance issued
or sold, if |
| |||||||
| |||||||
1 | any , and (4) the maximum number of days during which chances | ||||||
2 | may be issued
or sold, if any. The licensing system may include | ||||||
3 | a fee for each license in an
amount to be determined by the | ||||||
4 | local governing body. Licenses issued pursuant
to this Act | ||||||
5 | shall be valid for one raffle or for a specified number of
| ||||||
6 | raffles to be conducted during a specified period not to | ||||||
7 | exceed one year
and may be suspended or revoked
for any | ||||||
8 | violation of this Act. A local governing body shall act on a | ||||||
9 | license
application within 30 days from the date of | ||||||
10 | application. A county or municipality may adopt
rules or | ||||||
11 | ordinances for the operation of raffles that are consistent | ||||||
12 | with this Act. Raffles shall be licensed by the governing body | ||||||
13 | of the municipality with jurisdiction over the key location | ||||||
14 | or, if no municipality has jurisdiction over the key location, | ||||||
15 | then by the governing body of the county with jurisdiction | ||||||
16 | over the key location. A license shall authorize the holder of | ||||||
17 | such license to sell raffle chances throughout the State, | ||||||
18 | including beyond the borders of the licensing municipality or | ||||||
19 | county.
| ||||||
20 | (a-5) The governing body of Cook County may and any other | ||||||
21 | county within this State shall establish a system for the | ||||||
22 | licensing of organizations to operate poker runs. The | ||||||
23 | governing bodies of 2 or more adjacent counties may, pursuant | ||||||
24 | to a written contract, jointly establish a system for the | ||||||
25 | licensing of organizations to operate poker runs within the | ||||||
26 | corporate limits of such counties. The licensing authority may |
| |||||||
| |||||||
1 | establish special categories of licenses and adopt rules | ||||||
2 | relating to the various categories. The licensing system may | ||||||
3 | include a fee not to exceed $25 for each license. Licenses | ||||||
4 | issued pursuant to this Act shall be valid for one poker run or | ||||||
5 | for a specified number of poker runs to be conducted during a | ||||||
6 | specified period not to exceed one year and may be suspended or | ||||||
7 | revoked for any violation of this Act. A local governing body | ||||||
8 | shall act on a license application within 30 days after the | ||||||
9 | date of application. | ||||||
10 | (b) Raffle licenses shall be issued only to bona fide | ||||||
11 | religious, charitable,
labor, business, fraternal, | ||||||
12 | educational, veterans', or other bona fide not-for-profit | ||||||
13 | organizations that
operate without profit to their members and | ||||||
14 | which have been in existence
continuously for a period of 5 | ||||||
15 | years immediately before making application
for a raffle | ||||||
16 | license and which have during that entire 5-year period been | ||||||
17 | engaged in carrying out their objects, or to a non-profit
| ||||||
18 | fundraising organization that the licensing authority | ||||||
19 | determines is
organized for the sole purpose of providing | ||||||
20 | financial assistance to an
identified individual or group of | ||||||
21 | individuals suffering extreme financial
hardship as the result | ||||||
22 | of an illness, disability, accident , or disaster, or to any | ||||||
23 | law enforcement agencies and associations that represent law | ||||||
24 | enforcement officials. Poker run licenses shall be issued only | ||||||
25 | to bona fide religious, charitable, labor, business, | ||||||
26 | fraternal, educational, veterans', or other bona fide |
| |||||||
| |||||||
1 | not-for-profit organizations that operate without profit to | ||||||
2 | their members and which have been in existence continuously | ||||||
3 | for a period of 5 years immediately before making application | ||||||
4 | for a poker run license and which have during that entire | ||||||
5 | 5-year period been engaged in carrying out their objects. | ||||||
6 | Licenses for poker runs shall be issued for the following | ||||||
7 | purposes: (i) providing financial assistance to an identified | ||||||
8 | individual or group of individuals suffering extreme financial | ||||||
9 | hardship as the result of an illness, disability, accident, or | ||||||
10 | disaster or (ii) to maintain the financial stability of the | ||||||
11 | organization. A licensing authority may waive the 5-year | ||||||
12 | requirement under this subsection (b) for a bona fide | ||||||
13 | religious, charitable, labor, business, fraternal, | ||||||
14 | educational, or veterans' organization that applies for a | ||||||
15 | license to conduct a raffle or a poker run if the organization | ||||||
16 | is a local organization that is affiliated with and chartered | ||||||
17 | by a national or State organization that meets the 5-year | ||||||
18 | requirement.
| ||||||
19 | For purposes of this Act, the following definitions apply. | ||||||
20 | Non-profit:
An organization or institution organized and | ||||||
21 | conducted on a not-for-profit
basis with no personal profit | ||||||
22 | inuring to any one as a result of the operation.
Charitable: An | ||||||
23 | organization or institution organized and operated to benefit
| ||||||
24 | an indefinite number of the public. The service rendered to | ||||||
25 | those eligible
for benefits must also confer some benefit on | ||||||
26 | the public. Educational:
An organization or institution |
| |||||||
| |||||||
1 | organized and operated to provide systematic
instruction in | ||||||
2 | useful branches of learning by methods common to schools
and | ||||||
3 | institutions of learning which compare favorably in their | ||||||
4 | scope and
intensity with the course of study presented in | ||||||
5 | tax-supported schools.
Religious: Any church, congregation, | ||||||
6 | society, or organization founded for
the purpose of religious | ||||||
7 | worship. Fraternal: An organization of persons
having a common | ||||||
8 | interest, the primary interest of which is to both promote
the | ||||||
9 | welfare of its members and to provide assistance to the | ||||||
10 | general public
in such a way as to lessen the burdens of | ||||||
11 | government by caring for those
that otherwise would be cared | ||||||
12 | for by the government. Veterans: An organization
or | ||||||
13 | association comprised of members of which substantially all | ||||||
14 | are individuals
who are veterans or spouses, widows, or | ||||||
15 | widowers of veterans, the primary
purpose of which is to | ||||||
16 | promote the welfare of its members and to provide
assistance | ||||||
17 | to the general public in such a way as to confer a public | ||||||
18 | benefit.
Labor: An organization composed of workers organized | ||||||
19 | with the objective
of betterment of the conditions of those | ||||||
20 | engaged in such pursuit and the
development of a higher degree | ||||||
21 | of efficiency in their respective occupations.
Business: A | ||||||
22 | voluntary organization composed of individuals and businesses
| ||||||
23 | who have joined together to advance the commercial, financial, | ||||||
24 | industrial
and civic interests of a community.
| ||||||
25 | (Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19; | ||||||
26 | 101-360, eff. 1-1-20; revised 9-9-19.)
|
| |||||||
| |||||||
1 | (230 ILCS 15/3) (from Ch. 85, par. 2303)
| ||||||
2 | Sec. 3. License; application; issuance; restrictions; | ||||||
3 | persons ineligible. Licenses issued by the governing body of | ||||||
4 | any county or municipality are
subject to the following | ||||||
5 | restrictions:
| ||||||
6 | (1) No person, firm , or corporation shall conduct | ||||||
7 | raffles or chances or poker runs without
having first | ||||||
8 | obtained a license therefor pursuant to this Act.
| ||||||
9 | (2) The license and application for license must | ||||||
10 | specify the location or locations at which winning chances | ||||||
11 | in the raffle will be determined,
the time period during | ||||||
12 | which raffle chances will be sold or issued or a poker run | ||||||
13 | will be conducted, the
time or times of determination of | ||||||
14 | winning chances , and the location or locations at
which | ||||||
15 | winning chances will be determined.
| ||||||
16 | (3) The license application must contain a sworn | ||||||
17 | statement attesting to
the not-for-profit character of the | ||||||
18 | prospective licensee organization, signed
by the presiding | ||||||
19 | officer and the secretary of that organization.
| ||||||
20 | (4) The application for license shall be prepared in | ||||||
21 | accordance with the
ordinance of the local governmental | ||||||
22 | unit.
| ||||||
23 | (5) A license authorizes the licensee to conduct | ||||||
24 | raffles or poker runs as defined in
this Act.
| ||||||
25 | The following are ineligible for any license under this |
| |||||||
| |||||||
1 | Act:
| ||||||
2 | (a) any person whose felony conviction will impair the | ||||||
3 | person's ability to engage in the licensed position;
| ||||||
4 | (b) any person who is or has been a professional | ||||||
5 | gambler or professional gambling promoter;
| ||||||
6 | (c) any person who is not of good moral character;
| ||||||
7 | (d) any organization in which a person defined in item | ||||||
8 | (a), (b) , or (c)
has a proprietary, equitable , or credit | ||||||
9 | interest, or in which such a person
is active or employed;
| ||||||
10 | (e) any organization in which a person defined in item | ||||||
11 | (a), (b) , or (c) is an
officer, director, or employee, | ||||||
12 | whether compensated or not; and
| ||||||
13 | (f) any organization in which a person defined in item | ||||||
14 | (a), (b) , or (c) is to
participate in the management or | ||||||
15 | operation of a raffle as defined in this Act.
| ||||||
16 | (Source: P.A. 100-286, eff. 1-1-18; 101-109, eff. 7-19-19; | ||||||
17 | revised 9-20-19.)
| ||||||
18 | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| ||||||
19 | Sec. 8.1. Political committees. | ||||||
20 | (a) For the purposes of this Section ,
the terms defined in | ||||||
21 | this subsection have the meanings given them.
| ||||||
22 | "Net proceeds" means the gross receipts from the conduct | ||||||
23 | of raffles, less
reasonable sums expended for prizes, license | ||||||
24 | fees , and other reasonable
operating expenses incurred as a | ||||||
25 | result of operating a raffle.
|
| |||||||
| |||||||
1 | "Raffle" means a form of lottery, as defined in Section | ||||||
2 | 28-2(b) of the
Criminal Code of 2012, conducted by a political | ||||||
3 | committee licensed under
this Section, in which:
| ||||||
4 | (1) the player pays or agrees to pay something of | ||||||
5 | value for a chance,
represented and differentiated by a | ||||||
6 | number or by a combination of numbers
or by some other | ||||||
7 | medium, one or more of which chances are is to be | ||||||
8 | designated
the winning chance; and
| ||||||
9 | (2) the winning chance is to be determined through a | ||||||
10 | drawing or by some
other method based on an element of | ||||||
11 | chance by an act or set of acts on the
part of persons | ||||||
12 | conducting or connected with the lottery, except that the
| ||||||
13 | winning chance shall not be determined by the outcome of a | ||||||
14 | publicly exhibited
sporting contest.
| ||||||
15 | "Unresolved claim" means a claim for a civil penalty under | ||||||
16 | Sections
9-3, 9-10, and 9-23
of the Election Code which has | ||||||
17 | been begun by the State Board of Elections,
has been disputed | ||||||
18 | by the political committee under the applicable rules of
the | ||||||
19 | State Board of Elections, and has not been finally decided | ||||||
20 | either by
the State Board of Elections, or, where application | ||||||
21 | for review has been
made to the courts of Illinois, remains | ||||||
22 | finally undecided by the courts.
| ||||||
23 | "Owes" means that a political committee has been finally | ||||||
24 | determined under
applicable rules of the State Board of | ||||||
25 | Elections to be liable for a civil
penalty under Sections
9-3, | ||||||
26 | 9-10, and 9-23 of the Election
Code.
|
| |||||||
| |||||||
1 | (b) Licenses issued pursuant to this Section shall be | ||||||
2 | valid for one
raffle or for a specified number of raffles to be | ||||||
3 | conducted during a
specified period not to exceed one year and | ||||||
4 | may be suspended or revoked for
any violation of this Section. | ||||||
5 | The State Board of Elections shall act on a
license | ||||||
6 | application within 30 days from the date of application.
| ||||||
7 | (c) Licenses issued by the State Board of Elections are
| ||||||
8 | subject to the following restrictions:
| ||||||
9 | (1) No political committee shall conduct raffles or | ||||||
10 | chances without
having first obtained a license therefor | ||||||
11 | pursuant to this Section.
| ||||||
12 | (2) The application for license shall be prepared in | ||||||
13 | accordance with
regulations of the State Board of | ||||||
14 | Elections
and must specify the area or
areas within the | ||||||
15 | State in which raffle chances will be sold or issued, the
| ||||||
16 | time period during which raffle chances will be sold or | ||||||
17 | issued, the time of
determination of winning chances , and | ||||||
18 | the location or locations at which
winning chances will be | ||||||
19 | determined.
| ||||||
20 | (3) A license authorizes the licensee to conduct | ||||||
21 | raffles as defined in
this Section.
| ||||||
22 | The following are ineligible for any license under this | ||||||
23 | Section:
| ||||||
24 | (i) any political committee which has an officer | ||||||
25 | who has been
convicted of a felony;
| ||||||
26 | (ii) any political committee which has an officer |
| |||||||
| |||||||
1 | who is or has been a
professional gambler or gambling | ||||||
2 | promoter;
| ||||||
3 | (iii) any political committee which has an officer | ||||||
4 | who is not of good
moral character;
| ||||||
5 | (iv) any political committee which has an officer | ||||||
6 | who is also an officer
of a firm or corporation in | ||||||
7 | which a person defined in item (i), (ii) , or (iii)
has | ||||||
8 | a proprietary, equitable , or credit interest, or in | ||||||
9 | which such a person
is active or employed;
| ||||||
10 | (v) any political committee in which a person | ||||||
11 | defined in item (i), (ii) , or
(iii) is an officer, | ||||||
12 | director, or employee, whether compensated or not;
| ||||||
13 | (vi) any political committee in which a person | ||||||
14 | defined in item (i), (ii) , or
(iii) is to participate | ||||||
15 | in the management or operation of a raffle as
defined | ||||||
16 | in this Section;
| ||||||
17 | (vii) any committee which, at the time of its | ||||||
18 | application for a
license to conduct a raffle, owes | ||||||
19 | the State Board of Elections any unpaid
civil penalty | ||||||
20 | authorized by Sections
9-3, 9-10, and 9-23 of
the | ||||||
21 | Election Code, or is the
subject of an unresolved | ||||||
22 | claim for a civil penalty under Sections
9-3, 9-10, | ||||||
23 | and 9-23 of
the Election Code;
| ||||||
24 | (viii) any political committee which, at the time | ||||||
25 | of its application
to conduct a raffle, has not | ||||||
26 | submitted any report or document required to
be filed |
| |||||||
| |||||||
1 | by Article 9 of the Election Code and such report or | ||||||
2 | document is
more than 10 days overdue.
| ||||||
3 | (d)(1) The conducting of raffles is subject
to the | ||||||
4 | following restrictions:
| ||||||
5 | (i) The entire net proceeds of any raffle must be | ||||||
6 | exclusively devoted
to the lawful purposes of the | ||||||
7 | political committee permitted to conduct that
game.
| ||||||
8 | (ii) No person except a bona fide member of the | ||||||
9 | political committee
may participate in the management or | ||||||
10 | operation of the raffle.
| ||||||
11 | (iii) No person may receive any remuneration or profit | ||||||
12 | for participating
in the management or operation of the | ||||||
13 | raffle.
| ||||||
14 | (iv) Raffle chances may be sold or issued only within | ||||||
15 | the area specified
on the license and winning chances may | ||||||
16 | be determined only at those locations
specified on the | ||||||
17 | license.
| ||||||
18 | (v) A person under the age of 18 years may participate | ||||||
19 | in the conducting
of raffles or chances only with the | ||||||
20 | permission of a parent or guardian.
A person under the age | ||||||
21 | of 18 years may be within
the area where winning chances | ||||||
22 | are being determined only when accompanied
by his or her | ||||||
23 | parent or guardian.
| ||||||
24 | (2) If a lessor rents a premises where a winning chance or | ||||||
25 | chances on a
raffle are determined, the lessor shall not be | ||||||
26 | criminally liable if the
person who uses the premises for the |
| |||||||
| |||||||
1 | determining of winning chances does not
hold a license issued | ||||||
2 | under the provisions
of this Section.
| ||||||
3 | (e)(1) Each political committee licensed to conduct | ||||||
4 | raffles and
chances shall keep records of its gross receipts, | ||||||
5 | expenses , and net proceeds
for each single gathering or | ||||||
6 | occasion at which winning chances are determined.
All | ||||||
7 | deductions from gross receipts for each single gathering or | ||||||
8 | occasion
shall be documented with receipts or other records | ||||||
9 | indicating the amount,
a description of the purchased item or | ||||||
10 | service or other reason for the
deduction, and the recipient. | ||||||
11 | The distribution of net proceeds shall be
itemized as to | ||||||
12 | payee, purpose, amount , and date of payment.
| ||||||
13 | (2) Each political committee licensed to conduct raffles | ||||||
14 | shall report
on the next report due to be filed under Article 9 | ||||||
15 | of the Election Code
its gross receipts, expenses , and net | ||||||
16 | proceeds
from raffles, and the distribution of net proceeds | ||||||
17 | itemized as required in
this subsection.
| ||||||
18 | Such reports shall be included in the regular reports | ||||||
19 | required of
political committees by Article 9 of the Election | ||||||
20 | Code.
| ||||||
21 | (3) Records required by this subsection shall be preserved | ||||||
22 | for 3 years,
and political committees shall make available | ||||||
23 | their records relating to the
operation of raffles for public | ||||||
24 | inspection at reasonable times and places.
| ||||||
25 | (f) Violation of any provision of this Section is a Class
C | ||||||
26 | misdemeanor.
|
| |||||||
| |||||||
1 | (g) Nothing in this Section shall be construed to | ||||||
2 | authorize the conducting
or operating of any gambling scheme, | ||||||
3 | enterprise, activity , or device other
than raffles as provided | ||||||
4 | for herein.
| ||||||
5 | (Source: P.A. 101-109, eff. 7-19-19; revised 9-20-19.)
| ||||||
6 | Section 595. The Video Gaming
Act is amended by changing | ||||||
7 | Section 58 as follows:
| ||||||
8 | (230 ILCS 40/58)
| ||||||
9 | Sec. 58. Location of terminals. Video gaming terminals in | ||||||
10 | a licensed establishment, licensed fraternal establishment, or | ||||||
11 | licensed veterans establishment must be located
in an area | ||||||
12 | that is restricted to persons over 21 years of age and the | ||||||
13 | entrance to the area must be within the view of at least one | ||||||
14 | employee of the establishment who is over 21 years of age. | ||||||
15 | The placement of video gaming terminals in licensed | ||||||
16 | establishments, licensed truck stop establishments, licensed | ||||||
17 | large truck stop establishments, licensed fraternal | ||||||
18 | establishments, and licensed veterans establishments shall be | ||||||
19 | subject to the rules promulgated by the Board pursuant to the | ||||||
20 | Illinois Administrative Procedure Act.
| ||||||
21 | (Source: P.A. 101-31, eff. 6-28-19; 101-318, eff. 8-9-19; | ||||||
22 | revised 9-20-19.)
| ||||||
23 | Section 600. The Liquor Control Act of 1934 is amended by |
| |||||||
| |||||||
1 | changing Sections 3-12, 5-3, 6-6, and 6-6.5 as follows:
| ||||||
2 | (235 ILCS 5/3-12)
| ||||||
3 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
4 | (a) The State Commission shall have the following powers, | ||||||
5 | functions, and
duties:
| ||||||
6 | (1) To receive applications and to issue licenses to | ||||||
7 | manufacturers,
foreign importers, importing distributors, | ||||||
8 | distributors, non-resident dealers,
on premise consumption | ||||||
9 | retailers, off premise sale retailers, special event
| ||||||
10 | retailer licensees, special use permit licenses, auction | ||||||
11 | liquor licenses, brew
pubs, caterer retailers, | ||||||
12 | non-beverage users, railroads, including owners and
| ||||||
13 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
14 | boats, brokers, and wine
maker's premises licensees in | ||||||
15 | accordance with the provisions of this Act, and
to suspend | ||||||
16 | or revoke such licenses upon the State Commission's | ||||||
17 | determination,
upon notice after hearing, that a licensee | ||||||
18 | has violated any provision of this
Act or any rule or | ||||||
19 | regulation issued pursuant thereto and in effect for 30 | ||||||
20 | days
prior to such violation. Except in the case of an | ||||||
21 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
22 | or 6-9, any action by the State Commission to
suspend or | ||||||
23 | revoke a licensee's license may be limited to the license | ||||||
24 | for the
specific premises where the violation occurred.
An | ||||||
25 | action for a violation of this Act shall be commenced by |
| |||||||
| |||||||
1 | the State Commission within 2 years after the date the | ||||||
2 | State Commission becomes aware of the violation.
| ||||||
3 | In lieu of suspending or revoking a license, the | ||||||
4 | commission may impose
a fine, upon the State Commission's | ||||||
5 | determination and notice after hearing,
that a licensee | ||||||
6 | has violated any provision of this Act or any rule or
| ||||||
7 | regulation issued pursuant thereto and in effect for 30 | ||||||
8 | days prior to such
violation. | ||||||
9 | For the purpose of this paragraph (1), when | ||||||
10 | determining multiple violations for the sale of alcohol to | ||||||
11 | a person under the age of 21, a second or subsequent | ||||||
12 | violation for the sale of alcohol to a person under the age | ||||||
13 | of 21 shall only be considered if it was committed within 5 | ||||||
14 | years after the date when a prior violation for the sale of | ||||||
15 | alcohol to a person under the age of 21 was committed. | ||||||
16 | The fine imposed under this paragraph may not exceed | ||||||
17 | $500 for each
violation. Each day that the activity, which | ||||||
18 | gave rise to the original fine,
continues is a separate | ||||||
19 | violation. The maximum fine that may be levied against
any | ||||||
20 | licensee, for the period of the license, shall not exceed | ||||||
21 | $20,000.
The maximum penalty that may be imposed on a | ||||||
22 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
23 | foreign object in it or serving from a bottle of
alcoholic | ||||||
24 | liquor with a foreign object in it shall be the | ||||||
25 | destruction of that
bottle of alcoholic liquor for the | ||||||
26 | first 10 bottles so sold or served from by
the licensee. |
| |||||||
| |||||||
1 | For the eleventh bottle of alcoholic liquor and for each | ||||||
2 | third
bottle thereafter sold or served from by the | ||||||
3 | licensee with a foreign object in
it, the maximum penalty | ||||||
4 | that may be imposed on the licensee is the destruction
of | ||||||
5 | the bottle of alcoholic liquor and a fine of up to $50.
| ||||||
6 | Any notice issued by the State Commission to a | ||||||
7 | licensee for a violation of this Act or any notice with | ||||||
8 | respect to settlement or offer in compromise shall include | ||||||
9 | the field report, photographs, and any other supporting | ||||||
10 | documentation necessary to reasonably inform the licensee | ||||||
11 | of the nature and extent of the violation or the conduct | ||||||
12 | alleged to have occurred. The failure to include such | ||||||
13 | required documentation shall result in the dismissal of | ||||||
14 | the action. | ||||||
15 | (2) To adopt such rules and regulations consistent | ||||||
16 | with the
provisions of this Act which shall be necessary | ||||||
17 | to carry on its
functions and duties to the end that the | ||||||
18 | health, safety and welfare of
the People of the State of | ||||||
19 | Illinois shall be protected and temperance in
the | ||||||
20 | consumption of alcoholic liquors shall be fostered and | ||||||
21 | promoted and
to distribute copies of such rules and | ||||||
22 | regulations to all licensees
affected thereby.
| ||||||
23 | (3) To call upon other administrative departments of | ||||||
24 | the State,
county and municipal governments, county and | ||||||
25 | city police departments and
upon prosecuting officers for | ||||||
26 | such information and assistance as it
deems necessary in |
| |||||||
| |||||||
1 | the performance of its duties.
| ||||||
2 | (4) To recommend to local commissioners rules and | ||||||
3 | regulations, not
inconsistent with the law, for the | ||||||
4 | distribution and sale of alcoholic
liquors throughout the | ||||||
5 | State.
| ||||||
6 | (5) To inspect, or cause to be inspected, any
premises | ||||||
7 | in this State
where alcoholic liquors are manufactured, | ||||||
8 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
9 | authorizes an agent of the State Commission to inspect | ||||||
10 | private
areas within the premises without reasonable | ||||||
11 | suspicion or a warrant
during an inspection. "Private | ||||||
12 | areas" include, but are not limited to, safes, personal | ||||||
13 | property, and closed desks.
| ||||||
14 | (5.1) Upon receipt of a complaint or upon having | ||||||
15 | knowledge that any person
is engaged in business as a | ||||||
16 | manufacturer, importing distributor, distributor,
or | ||||||
17 | retailer without a license or valid license, to conduct an | ||||||
18 | investigation. If, after conducting an investigation, the | ||||||
19 | State Commission is satisfied that the alleged conduct | ||||||
20 | occurred or is occurring, it may issue a cease and desist | ||||||
21 | notice as provided in this Act, impose civil penalties as | ||||||
22 | provided in this Act, notify the local liquor
authority, | ||||||
23 | or file a complaint with the State's Attorney's Office of | ||||||
24 | the county
where the incident occurred or the Attorney | ||||||
25 | General.
| ||||||
26 | (5.2) Upon receipt of a complaint or upon having |
| |||||||
| |||||||
1 | knowledge that any person is shipping alcoholic
liquor
| ||||||
2 | into this State from a point outside of this State if the | ||||||
3 | shipment is in
violation of this Act, to conduct an | ||||||
4 | investigation. If, after conducting an investigation, the | ||||||
5 | State Commission is satisfied that the alleged conduct | ||||||
6 | occurred or is occurring, it may issue a cease and desist | ||||||
7 | notice as provided in this Act, impose civil penalties as | ||||||
8 | provided in this Act, notify the foreign jurisdiction, or | ||||||
9 | file a complaint with the State's Attorney's Office of the | ||||||
10 | county where the incident occurred or the Attorney | ||||||
11 | General.
| ||||||
12 | (5.3) To receive complaints from licensees, local | ||||||
13 | officials, law
enforcement agencies, organizations, and | ||||||
14 | persons stating that any licensee has
been or is violating | ||||||
15 | any provision of this Act or the rules and regulations
| ||||||
16 | issued pursuant to this Act. Such complaints shall be in | ||||||
17 | writing, signed and
sworn to by the person making the | ||||||
18 | complaint, and shall state with specificity
the facts in | ||||||
19 | relation to the alleged violation. If the State Commission | ||||||
20 | has
reasonable grounds to believe that the complaint | ||||||
21 | substantially alleges a
violation of this Act or rules and | ||||||
22 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
23 | an investigation. If, after conducting an investigation, | ||||||
24 | the
State Commission is satisfied that the alleged | ||||||
25 | violation did occur, it shall proceed
with disciplinary | ||||||
26 | action against the licensee as provided in this Act.
|
| |||||||
| |||||||
1 | (5.4) To make arrests and issue notices of civil | ||||||
2 | violations where necessary for the enforcement of this | ||||||
3 | Act. | ||||||
4 | (5.5) To investigate any and all unlicensed activity. | ||||||
5 | (5.6) To impose civil penalties or fines to any person | ||||||
6 | who, without holding a valid license, engages in conduct | ||||||
7 | that requires a license pursuant to this Act, in an amount | ||||||
8 | not to exceed $20,000 for each offense as determined by | ||||||
9 | the State Commission. A civil penalty shall be assessed by | ||||||
10 | the State Commission after a hearing is held in accordance | ||||||
11 | with the provisions set forth in this Act regarding the | ||||||
12 | provision of a hearing for the revocation or suspension of | ||||||
13 | a license. | ||||||
14 | (6) To hear and determine appeals from orders of a | ||||||
15 | local commission
in accordance with the provisions of this | ||||||
16 | Act, as hereinafter set forth.
Hearings under this | ||||||
17 | subsection shall be held in Springfield or Chicago,
at | ||||||
18 | whichever location is the more convenient for the majority | ||||||
19 | of persons
who are parties to the hearing.
| ||||||
20 | (7) The State Commission shall establish uniform | ||||||
21 | systems of accounts to be
kept by all retail licensees | ||||||
22 | having more than 4 employees, and for this
purpose the | ||||||
23 | State Commission may classify all retail licensees having | ||||||
24 | more
than 4 employees and establish a uniform system of | ||||||
25 | accounts for each
class and prescribe the manner in which | ||||||
26 | such accounts shall be kept.
The State Commission may also |
| |||||||
| |||||||
1 | prescribe the forms of accounts to be kept by
all retail | ||||||
2 | licensees having more than 4 employees, including , but not
| ||||||
3 | limited to , accounts of earnings and expenses and any | ||||||
4 | distribution,
payment, or other distribution of earnings | ||||||
5 | or assets, and any other
forms, records , and memoranda | ||||||
6 | which in the judgment of the commission may
be necessary | ||||||
7 | or appropriate to carry out any of the provisions of this
| ||||||
8 | Act, including , but not limited to , such forms, records , | ||||||
9 | and memoranda as
will readily and accurately disclose at | ||||||
10 | all times the beneficial
ownership of such retail licensed | ||||||
11 | business. The accounts, forms,
records , and memoranda | ||||||
12 | shall be available at all reasonable times for
inspection | ||||||
13 | by authorized representatives of the State Commission or | ||||||
14 | by
any local liquor control commissioner or his or her | ||||||
15 | authorized representative.
The commission , may, from time | ||||||
16 | to time, alter, amend , or repeal, in whole
or in part, any | ||||||
17 | uniform system of accounts, or the form and manner of
| ||||||
18 | keeping accounts.
| ||||||
19 | (8) In the conduct of any hearing authorized to be | ||||||
20 | held by the State Commission, to appoint, at the | ||||||
21 | commission's discretion, hearing officers
to conduct | ||||||
22 | hearings involving complex issues or issues that will | ||||||
23 | require a
protracted period of time to resolve, to | ||||||
24 | examine, or cause to be examined,
under oath, any | ||||||
25 | licensee, and to examine or cause to be examined the books | ||||||
26 | and
records
of such licensee; to hear testimony and take |
| |||||||
| |||||||
1 | proof material for its
information in the discharge of its | ||||||
2 | duties hereunder; to administer or
cause to be | ||||||
3 | administered oaths; for any such purpose to issue
subpoena | ||||||
4 | or subpoenas to require the attendance of witnesses and | ||||||
5 | the
production of books, which shall be effective in any | ||||||
6 | part of this State, and
to adopt rules to implement its | ||||||
7 | powers under this paragraph (8).
| ||||||
8 | Any circuit court may , by order duly entered,
require | ||||||
9 | the attendance of witnesses and the production of relevant | ||||||
10 | books
subpoenaed by the State Commission and the court may | ||||||
11 | compel
obedience to its order by proceedings for contempt.
| ||||||
12 | (9) To investigate the administration of laws in | ||||||
13 | relation to
alcoholic liquors in this and other states and | ||||||
14 | any foreign countries,
and to recommend from time to time | ||||||
15 | to the Governor and through him or
her to the legislature | ||||||
16 | of this State, such amendments to this Act, if any, as
it | ||||||
17 | may think desirable and as will serve to further the | ||||||
18 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
19 | (10) To adopt such rules and regulations consistent | ||||||
20 | with the
provisions of this Act which shall be necessary | ||||||
21 | for the control, sale , or
disposition of alcoholic liquor | ||||||
22 | damaged as a result of an accident, wreck,
flood, fire , or | ||||||
23 | other similar occurrence.
| ||||||
24 | (11) To develop industry educational programs related | ||||||
25 | to responsible
serving and selling, particularly in the | ||||||
26 | areas of overserving consumers and
illegal underage |
| |||||||
| |||||||
1 | purchasing and consumption of alcoholic beverages.
| ||||||
2 | (11.1) To license persons providing education and | ||||||
3 | training to alcohol
beverage sellers and servers for | ||||||
4 | mandatory and non-mandatory training under the
Beverage | ||||||
5 | Alcohol Sellers and Servers
Education and Training | ||||||
6 | (BASSET) programs and to develop and administer a public
| ||||||
7 | awareness program in Illinois to reduce or eliminate the | ||||||
8 | illegal purchase and
consumption of alcoholic beverage | ||||||
9 | products by persons under the age of 21.
Application for a | ||||||
10 | license shall be made on forms provided by the State
| ||||||
11 | Commission.
| ||||||
12 | (12) To develop and maintain a repository of license | ||||||
13 | and regulatory
information.
| ||||||
14 | (13) (Blank).
| ||||||
15 | (14) On or before April 30, 2008 and every 2 years
| ||||||
16 | thereafter, the State Commission shall present a written
| ||||||
17 | report to the Governor and the General Assembly that shall
| ||||||
18 | be based on a study of the impact of Public Act 95-634 on | ||||||
19 | the business of soliciting,
selling, and shipping wine | ||||||
20 | from inside and outside of this
State directly to | ||||||
21 | residents of this State. As part of its
report, the State | ||||||
22 | Commission shall provide all of the
following information: | ||||||
23 | (A) The amount of State excise and sales tax
| ||||||
24 | revenues generated. | ||||||
25 | (B) The amount of licensing fees received. | ||||||
26 | (C) The number of cases of wine shipped from |
| |||||||
| |||||||
1 | inside
and outside of this State directly to residents | ||||||
2 | of this
State. | ||||||
3 | (D) The number of alcohol compliance operations
| ||||||
4 | conducted. | ||||||
5 | (E) The number of winery shipper's licenses
| ||||||
6 | issued. | ||||||
7 | (F) The number of each of the following: reported
| ||||||
8 | violations; cease and desist notices issued by the
| ||||||
9 | Commission; notices of violations issued by
the | ||||||
10 | Commission and to the Department of Revenue;
and | ||||||
11 | notices and complaints of violations to law
| ||||||
12 | enforcement officials, including, without limitation,
| ||||||
13 | the Illinois Attorney General and the U.S. Department
| ||||||
14 | of Treasury's Alcohol and Tobacco Tax and Trade | ||||||
15 | Bureau. | ||||||
16 | (15) As a means to reduce the underage consumption of
| ||||||
17 | alcoholic liquors, the State Commission shall conduct
| ||||||
18 | alcohol compliance operations to investigate whether
| ||||||
19 | businesses that are soliciting, selling, and shipping wine
| ||||||
20 | from inside or outside of this State directly to residents
| ||||||
21 | of this State are licensed by this State or are selling or
| ||||||
22 | attempting to sell wine to persons under 21 years of age in
| ||||||
23 | violation of this Act. | ||||||
24 | (16) The State Commission shall, in addition to
| ||||||
25 | notifying any appropriate law enforcement agency, submit
| ||||||
26 | notices of complaints or violations of Sections 6-29 and
|
| |||||||
| |||||||
1 | 6-29.1 by persons who do not hold a winery shipper's
| ||||||
2 | license under this Act to the Illinois Attorney General | ||||||
3 | and
to the U.S. Department of Treasury's Alcohol and | ||||||
4 | Tobacco Tax and Trade Bureau. | ||||||
5 | (17)(A) A person licensed to make wine under the laws | ||||||
6 | of another state who has a winery shipper's license under | ||||||
7 | this Act and annually produces less than 25,000 gallons of | ||||||
8 | wine or a person who has a first-class or second-class | ||||||
9 | wine manufacturer's license, a first-class or second-class | ||||||
10 | wine-maker's license, or a limited wine manufacturer's | ||||||
11 | license under this Act and annually produces less than | ||||||
12 | 25,000 gallons of wine may make application to the | ||||||
13 | Commission for a self-distribution exemption to allow the | ||||||
14 | sale of not more than 5,000 gallons of the exemption | ||||||
15 | holder's wine to retail licensees per year. | ||||||
16 | (B) In the application, which shall be sworn under | ||||||
17 | penalty of perjury, such person shall state (1) the date | ||||||
18 | it was established; (2) its volume of production and sales | ||||||
19 | for each year since its establishment; (3) its efforts to | ||||||
20 | establish distributor relationships; (4) that a | ||||||
21 | self-distribution exemption is necessary to facilitate the | ||||||
22 | marketing of its wine; and (5) that it will comply with the | ||||||
23 | liquor and revenue laws of the United States, this State, | ||||||
24 | and any other state where it is licensed. | ||||||
25 | (C) The State Commission shall approve the application | ||||||
26 | for a self-distribution exemption if such person: (1) is |
| |||||||
| |||||||
1 | in compliance with State revenue and liquor laws; (2) is | ||||||
2 | not a member of any affiliated group that produces more | ||||||
3 | than 25,000 gallons of wine per annum or produces any | ||||||
4 | other alcoholic liquor; (3) will not annually produce for | ||||||
5 | sale more than 25,000 gallons of wine; and (4) will not | ||||||
6 | annually sell more than 5,000 gallons of its wine to | ||||||
7 | retail licensees. | ||||||
8 | (D) A self-distribution exemption holder shall | ||||||
9 | annually certify to the State Commission its production of | ||||||
10 | wine in the previous 12 months and its anticipated | ||||||
11 | production and sales for the next 12 months. The State | ||||||
12 | Commission may fine, suspend, or revoke a | ||||||
13 | self-distribution exemption after a hearing if it finds | ||||||
14 | that the exemption holder has made a material | ||||||
15 | misrepresentation in its application, violated a revenue | ||||||
16 | or liquor law of Illinois, exceeded production of 25,000 | ||||||
17 | gallons of wine in any calendar year, or become part of an | ||||||
18 | affiliated group producing more than 25,000 gallons of | ||||||
19 | wine or any other alcoholic liquor. | ||||||
20 | (E) Except in hearings for violations of this Act or | ||||||
21 | Public Act 95-634 or a bona fide investigation by duly | ||||||
22 | sworn law enforcement officials, the State Commission, or | ||||||
23 | its agents, the State Commission shall maintain the | ||||||
24 | production and sales information of a self-distribution | ||||||
25 | exemption holder as confidential and shall not release | ||||||
26 | such information to any person. |
| |||||||
| |||||||
1 | (F) The State Commission shall issue regulations | ||||||
2 | governing self-distribution exemptions consistent with | ||||||
3 | this Section and this Act. | ||||||
4 | (G) Nothing in this paragraph (17) shall prohibit a | ||||||
5 | self-distribution exemption holder from entering into or | ||||||
6 | simultaneously having a distribution agreement with a | ||||||
7 | licensed Illinois distributor. | ||||||
8 | (H) It is the intent of this paragraph (17) to promote | ||||||
9 | and continue orderly markets. The General Assembly finds | ||||||
10 | that , in order to preserve Illinois' regulatory | ||||||
11 | distribution system , it is necessary to create an | ||||||
12 | exception for smaller makers of wine as their wines are | ||||||
13 | frequently adjusted in varietals, mixes, vintages, and | ||||||
14 | taste to find and create market niches sometimes too small | ||||||
15 | for distributor or importing distributor business | ||||||
16 | strategies. Limited self-distribution rights will afford | ||||||
17 | and allow smaller makers of wine access to the marketplace | ||||||
18 | in order to develop a customer base without impairing the | ||||||
19 | integrity of the 3-tier system.
| ||||||
20 | (18)(A) A class 1 brewer licensee, who must also be | ||||||
21 | either a licensed brewer or licensed non-resident dealer | ||||||
22 | and annually manufacture less than 930,000 gallons of | ||||||
23 | beer, may make application to the State Commission for a | ||||||
24 | self-distribution exemption to allow the sale of not more | ||||||
25 | than 232,500 gallons of the exemption holder's beer per | ||||||
26 | year to retail licensees and to brewers, class 1 brewers, |
| |||||||
| |||||||
1 | and class 2 brewers that, pursuant to subsection (e) of | ||||||
2 | Section 6-4 of this Act, sell beer, cider, or both beer and | ||||||
3 | cider to non-licensees at their breweries. | ||||||
4 | (B) In the application, which shall be sworn under | ||||||
5 | penalty of perjury, the class 1 brewer licensee shall | ||||||
6 | state (1) the date it was established; (2) its volume of | ||||||
7 | beer manufactured and sold for each year since its | ||||||
8 | establishment; (3) its efforts to establish distributor | ||||||
9 | relationships; (4) that a self-distribution exemption is | ||||||
10 | necessary to facilitate the marketing of its beer; and (5) | ||||||
11 | that it will comply with the alcoholic beverage and | ||||||
12 | revenue laws of the United States, this State, and any | ||||||
13 | other state where it is licensed. | ||||||
14 | (C) Any application submitted shall be posted on the | ||||||
15 | State Commission's website at least 45 days prior to | ||||||
16 | action by the State Commission. The State Commission shall | ||||||
17 | approve the application for a self-distribution exemption | ||||||
18 | if the class 1 brewer licensee: (1) is in compliance with | ||||||
19 | the State, revenue, and alcoholic beverage laws; (2) is | ||||||
20 | not a member of any affiliated group that manufactures | ||||||
21 | more than 930,000 gallons of beer per annum or produces | ||||||
22 | any other alcoholic beverages; (3) shall not annually | ||||||
23 | manufacture for sale more than 930,000 gallons of beer; | ||||||
24 | (4) shall not annually sell more than 232,500 gallons of | ||||||
25 | its beer to retail licensees or to brewers, class 1 | ||||||
26 | brewers, and class 2 brewers that, pursuant to subsection |
| |||||||
| |||||||
1 | (e) of Section 6-4 of this Act, sell beer, cider, or both | ||||||
2 | beer and cider to non-licensees at their breweries; and | ||||||
3 | (5) has relinquished any brew pub license held by the | ||||||
4 | licensee, including any ownership interest it held in the | ||||||
5 | licensed brew pub. | ||||||
6 | (D) A self-distribution exemption holder shall | ||||||
7 | annually certify to the State Commission its manufacture | ||||||
8 | of beer during the previous 12 months and its anticipated | ||||||
9 | manufacture and sales of beer for the next 12 months. The | ||||||
10 | State Commission may fine, suspend, or revoke a | ||||||
11 | self-distribution exemption after a hearing if it finds | ||||||
12 | that the exemption holder has made a material | ||||||
13 | misrepresentation in its application, violated a revenue | ||||||
14 | or alcoholic beverage law of Illinois, exceeded the | ||||||
15 | manufacture of 930,000 gallons of beer in any calendar | ||||||
16 | year or became part of an affiliated group manufacturing | ||||||
17 | more than 930,000 gallons of beer or any other alcoholic | ||||||
18 | beverage. | ||||||
19 | (E) The State Commission shall issue rules and | ||||||
20 | regulations governing self-distribution exemptions | ||||||
21 | consistent with this Act. | ||||||
22 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
23 | self-distribution exemption holder from entering into or | ||||||
24 | simultaneously having a distribution agreement with a | ||||||
25 | licensed Illinois importing distributor or a distributor. | ||||||
26 | If a self-distribution exemption holder enters into a |
| |||||||
| |||||||
1 | distribution agreement and has assigned distribution | ||||||
2 | rights to an importing distributor or distributor, then | ||||||
3 | the self-distribution exemption holder's distribution | ||||||
4 | rights in the assigned territories shall cease in a | ||||||
5 | reasonable time not to exceed 60 days. | ||||||
6 | (G) It is the intent of this paragraph (18) to promote | ||||||
7 | and continue orderly markets. The General Assembly finds | ||||||
8 | that in order to preserve Illinois' regulatory | ||||||
9 | distribution system, it is necessary to create an | ||||||
10 | exception for smaller manufacturers in order to afford and | ||||||
11 | allow such smaller manufacturers of beer access to the | ||||||
12 | marketplace in order to develop a customer base without | ||||||
13 | impairing the integrity of the 3-tier system. | ||||||
14 | (19)(A) A class 1 craft distiller licensee or a | ||||||
15 | non-resident dealer who manufactures less than 50,000 | ||||||
16 | gallons of distilled spirits per year may make application | ||||||
17 | to the State Commission for a self-distribution exemption | ||||||
18 | to allow the sale of not more
than 5,000 gallons of the | ||||||
19 | exemption holder's spirits to retail licensees per year. | ||||||
20 | (B) In the application, which shall be sworn under | ||||||
21 | penalty of perjury, the class 1 craft distiller licensee | ||||||
22 | or non-resident dealer shall state (1) the date it was | ||||||
23 | established; (2) its volume of spirits manufactured and | ||||||
24 | sold for each year since its establishment; (3) its | ||||||
25 | efforts to establish distributor relationships; (4) that a | ||||||
26 | self-distribution exemption is necessary to facilitate the |
| |||||||
| |||||||
1 | marketing of its spirits; and (5) that it will comply with | ||||||
2 | the alcoholic beverage and revenue laws of the United | ||||||
3 | States, this State, and any other state where it is | ||||||
4 | licensed. | ||||||
5 | (C) Any application submitted shall be posted on the | ||||||
6 | State Commission's website at least 45 days prior to | ||||||
7 | action by the State Commission. The State Commission shall | ||||||
8 | approve the application for a self-distribution exemption | ||||||
9 | if the applicant: (1) is in compliance with State revenue | ||||||
10 | and alcoholic beverage laws; (2) is not a member of any | ||||||
11 | affiliated group that produces more than 50,000 gallons of | ||||||
12 | spirits per annum or produces any other alcoholic liquor; | ||||||
13 | (3) does not annually manufacture for sale more than | ||||||
14 | 50,000 gallons of spirits; and (4) does not annually sell | ||||||
15 | more than 5,000 gallons of its spirits to retail | ||||||
16 | licensees. | ||||||
17 | (D) A self-distribution exemption holder shall | ||||||
18 | annually certify to the State Commission its manufacture | ||||||
19 | of spirits during the previous 12 months and its | ||||||
20 | anticipated manufacture and sales of spirits for the next | ||||||
21 | 12 months. The State Commission may fine, suspend, or | ||||||
22 | revoke a self-distribution exemption after a hearing if it | ||||||
23 | finds that the exemption holder has made a material | ||||||
24 | misrepresentation in its application, violated a revenue | ||||||
25 | or alcoholic beverage law of Illinois, exceeded the | ||||||
26 | manufacture of 50,000 gallons of spirits in any calendar |
| |||||||
| |||||||
1 | year, or has become part of an affiliated group | ||||||
2 | manufacturing more than 50,000 gallons of spirits or any | ||||||
3 | other alcoholic beverage. | ||||||
4 | (E) The State Commission shall adopt rules governing | ||||||
5 | self-distribution exemptions consistent with this Act. | ||||||
6 | (F) Nothing in this paragraph (19) shall prohibit a | ||||||
7 | self-distribution exemption holder from entering into or | ||||||
8 | simultaneously having a distribution agreement with a | ||||||
9 | licensed Illinois importing distributor or a distributor. | ||||||
10 | (G) It is the intent of this paragraph (19) to promote | ||||||
11 | and continue orderly markets. The General Assembly finds | ||||||
12 | that in order to preserve Illinois' regulatory | ||||||
13 | distribution system, it is necessary to create an | ||||||
14 | exception for smaller manufacturers in order to afford and | ||||||
15 | allow such smaller manufacturers of spirits access to the | ||||||
16 | marketplace in order to develop a customer base without | ||||||
17 | impairing the
integrity of the 3-tier system. | ||||||
18 | (b) On or before April 30, 1999, the Commission shall | ||||||
19 | present a written
report to the Governor and the General | ||||||
20 | Assembly that shall be based on a study
of the impact of Public | ||||||
21 | Act 90-739 on the business of soliciting,
selling, and | ||||||
22 | shipping
alcoholic liquor from outside of this State directly | ||||||
23 | to residents of this
State.
| ||||||
24 | As part of its report, the Commission shall provide the | ||||||
25 | following
information:
| ||||||
26 | (i) the amount of State excise and sales tax revenues |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | generated as a
result of Public Act 90-739;
| ||||||||||||||||||||||||||
2 | (ii) the amount of licensing fees received as a result | ||||||||||||||||||||||||||
3 | of Public Act 90-739;
| ||||||||||||||||||||||||||
4 | (iii) the number of reported violations, the number of | ||||||||||||||||||||||||||
5 | cease and desist
notices issued by the Commission, the | ||||||||||||||||||||||||||
6 | number of notices of violations issued
to the Department | ||||||||||||||||||||||||||
7 | of Revenue, and the number of notices and complaints of
| ||||||||||||||||||||||||||
8 | violations to law enforcement officials.
| ||||||||||||||||||||||||||
9 | (Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; | ||||||||||||||||||||||||||
10 | 100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. | ||||||||||||||||||||||||||
11 | 8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, | ||||||||||||||||||||||||||
12 | eff. 8-23-19; revised 9-20-19.)
| ||||||||||||||||||||||||||
13 | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | ||||||||||||||||||||||||||
14 | Sec. 5-3. License fees. Except as otherwise provided | ||||||||||||||||||||||||||
15 | herein, at the time
application is made to the State | ||||||||||||||||||||||||||
16 | Commission for a license of any class, the
applicant shall pay | ||||||||||||||||||||||||||
17 | to the State Commission the fee hereinafter provided for
the | ||||||||||||||||||||||||||
18 | kind of license applied for. | ||||||||||||||||||||||||||
19 | The fee for licenses issued by the State Commission shall | ||||||||||||||||||||||||||
20 | be as follows: | ||||||||||||||||||||||||||
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5 | Fees collected under this Section shall be paid into the
| |||||||||||||||||||||
6 | Dram Shop Fund. On and after July 1, 2003 and until June 30, | |||||||||||||||||||||
7 | 2016, of the funds received for a
retailer's license, in
| |||||||||||||||||||||
8 | addition to the
first $175, an additional $75 shall be paid | |||||||||||||||||||||
9 | into the Dram Shop Fund, and $250
shall be
paid into the | |||||||||||||||||||||
10 | General Revenue Fund. On and after June 30, 2016, one-half of | |||||||||||||||||||||
11 | the funds received for a retailer's license shall be paid into | |||||||||||||||||||||
12 | the Dram Shop Fund and one-half of the funds received for a | |||||||||||||||||||||
13 | retailer's license shall be paid into the General Revenue | |||||||||||||||||||||
14 | Fund. Beginning June 30, 1990 and on June 30
of each
subsequent | |||||||||||||||||||||
15 | year through June 29, 2003, any balance over $5,000,000
| |||||||||||||||||||||
16 | remaining in the Dram Shop Fund
shall be credited to State | |||||||||||||||||||||
17 | liquor licensees and applied against their fees for
State | |||||||||||||||||||||
18 | liquor licenses for the following year. The amount credited to | |||||||||||||||||||||
19 | each
licensee shall be a proportion of the balance in the Dram | |||||||||||||||||||||
20 | Fund that is the
same as the proportion of the license fee paid | |||||||||||||||||||||
21 | by the licensee under
this Section for the period in which the | |||||||||||||||||||||
22 | balance was accumulated to the
aggregate fees paid by all | |||||||||||||||||||||
23 | licensees during that period. | |||||||||||||||||||||
24 | No fee shall be paid for licenses issued by the State | |||||||||||||||||||||
25 | Commission to
the following non-beverage users: | |||||||||||||||||||||
26 | (a) Hospitals, sanitariums, or clinics when their use |
| |||||||
| |||||||
1 | of alcoholic
liquor is exclusively medicinal, mechanical | ||||||
2 | or scientific. | ||||||
3 | (b) Universities, colleges of learning or schools when | ||||||
4 | their use of
alcoholic liquor is exclusively medicinal, | ||||||
5 | mechanical or scientific. | ||||||
6 | (c) Laboratories when their use is exclusively for the | ||||||
7 | purpose of
scientific research. | ||||||
8 | (Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18; | ||||||
9 | 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; revised | ||||||
10 | 8-19-20.)
| ||||||
11 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| ||||||
12 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
13 | manufacturer or
distributor or importing distributor shall, | ||||||
14 | directly or indirectly,
sell, supply, furnish, give or pay | ||||||
15 | for, or loan or lease, any
furnishing, fixture or equipment on | ||||||
16 | the premises of a place of business
of another licensee | ||||||
17 | authorized under this Act to sell alcoholic liquor
at retail, | ||||||
18 | either for consumption on or off the premises, nor shall he or | ||||||
19 | she,
directly or indirectly, pay for any such license, or | ||||||
20 | advance, furnish,
lend or give money for payment of such | ||||||
21 | license, or purchase or become
the owner of any note, | ||||||
22 | mortgage, or other evidence of indebtedness of
such licensee | ||||||
23 | or any form of security therefor, nor shall such
manufacturer, | ||||||
24 | or distributor, or importing distributor, directly or
| ||||||
25 | indirectly, be interested in the ownership, conduct or |
| |||||||
| |||||||
1 | operation of the
business of any licensee authorized to sell | ||||||
2 | alcoholic liquor at retail,
nor shall any manufacturer, or | ||||||
3 | distributor, or importing distributor be
interested directly | ||||||
4 | or indirectly or as owner or part owner of said
premises or as | ||||||
5 | lessee or lessor thereof, in any premises upon which
alcoholic | ||||||
6 | liquor is sold at retail.
| ||||||
7 | No manufacturer or distributor or importing distributor | ||||||
8 | shall,
directly or indirectly or through a subsidiary or | ||||||
9 | affiliate, or by any
officer, director or firm of such | ||||||
10 | manufacturer, distributor or importing
distributor, furnish, | ||||||
11 | give, lend or rent, install, repair or maintain,
to or for any | ||||||
12 | retail licensee in this State, any
signs or inside advertising | ||||||
13 | materials except as provided in this Section and
Section 6-5. | ||||||
14 | With respect to
retail licensees, other than any government | ||||||
15 | owned or operated auditorium,
exhibition hall, recreation | ||||||
16 | facility or other similar facility holding a
retailer's | ||||||
17 | license as described in Section 6-5, a manufacturer,
| ||||||
18 | distributor, or importing distributor may furnish, give, lend | ||||||
19 | or rent and
erect, install, repair and maintain to or for any | ||||||
20 | retail licensee, for use
at any one time in or about or in | ||||||
21 | connection with a retail establishment on
which the products | ||||||
22 | of the manufacturer, distributor or importing
distributor are | ||||||
23 | sold, the following signs and inside advertising materials
as | ||||||
24 | authorized in subparts (i), (ii), (iii), and (iv):
| ||||||
25 | (i) Permanent outside signs shall cost not more than | ||||||
26 | $3,000 per brand, exclusive of erection,
installation, |
| |||||||
| |||||||
1 | repair and maintenance costs, and permit fees and
shall | ||||||
2 | bear only the manufacturer's name, brand name, trade name, | ||||||
3 | slogans,
markings, trademark, or other symbols commonly | ||||||
4 | associated with and generally
used in identifying the | ||||||
5 | product including, but not limited to, "cold beer", "on
| ||||||
6 | tap", "carry out", and "packaged liquor".
| ||||||
7 | (ii) Temporary outside signs shall include, but not be | ||||||
8 | limited to, banners, flags, pennants,
streamers, and other | ||||||
9 | items of a temporary and non-permanent
nature, and shall | ||||||
10 | cost not more than $1,000 per manufacturer. Each temporary | ||||||
11 | outside sign must include the manufacturer's name,
brand | ||||||
12 | name, trade name, slogans, markings,
trademark, or other | ||||||
13 | symbol commonly associated with and generally used in
| ||||||
14 | identifying the product. Temporary outside signs may also | ||||||
15 | include,
for example, the product,
price, packaging, date | ||||||
16 | or dates of a promotion and an announcement of a
retail | ||||||
17 | licensee's specific sponsored event, if the temporary | ||||||
18 | outside sign is
intended to promote a product, and | ||||||
19 | provided that the announcement of the retail
licensee's | ||||||
20 | event and the product promotion are held simultaneously. | ||||||
21 | However,
temporary outside signs may not include names, | ||||||
22 | slogans, markings, or logos that
relate to the retailer. | ||||||
23 | Nothing in this subpart (ii) shall prohibit a
distributor | ||||||
24 | or importing distributor from bearing the cost of creating | ||||||
25 | or
printing a temporary outside sign for the retail | ||||||
26 | licensee's specific sponsored
event or from bearing the |
| |||||||
| |||||||
1 | cost of creating or printing a temporary sign for a
retail | ||||||
2 | licensee containing, for example, community goodwill | ||||||
3 | expressions,
regional sporting event announcements, or | ||||||
4 | seasonal messages, provided that the
primary purpose of | ||||||
5 | the temporary outside sign is to highlight, promote, or
| ||||||
6 | advertise the product.
In addition, temporary outside | ||||||
7 | signs provided by the manufacturer to
the distributor or | ||||||
8 | importing distributor may also include, for example, | ||||||
9 | subject
to the limitations of this Section, preprinted | ||||||
10 | community goodwill expressions,
sporting event | ||||||
11 | announcements, seasonal messages, and manufacturer | ||||||
12 | promotional
announcements. However, a distributor or | ||||||
13 | importing distributor shall not bear
the cost of such | ||||||
14 | manufacturer preprinted signs.
| ||||||
15 | (iii) Permanent inside
signs, whether visible from the | ||||||
16 | outside or the inside of the premises,
include, but are | ||||||
17 | not limited to: alcohol lists and menus that may include
| ||||||
18 | names, slogans, markings, or logos that relate to the | ||||||
19 | retailer; neons;
illuminated signs; clocks; table lamps; | ||||||
20 | mirrors; tap handles; decalcomanias;
window painting; and | ||||||
21 | window trim. All neons, illuminated signs, clocks, table | ||||||
22 | lamps, mirrors, and tap handles are the property of the | ||||||
23 | manufacturer and shall be returned to the manufacturer or | ||||||
24 | its agent upon request. All permanent inside signs in | ||||||
25 | place
and in use at any one time shall cost in the | ||||||
26 | aggregate not more than $6,000 per
manufacturer. A |
| |||||||
| |||||||
1 | permanent inside sign must include the
manufacturer's | ||||||
2 | name, brand name, trade name, slogans, markings, | ||||||
3 | trademark, or
other symbol commonly associated with and | ||||||
4 | generally used in identifying
the product. However,
| ||||||
5 | permanent inside signs may not include names, slogans, | ||||||
6 | markings, or logos
that relate to the retailer. For the | ||||||
7 | purpose of this subpart (iii), all
permanent inside signs | ||||||
8 | may be displayed in an adjacent courtyard or patio
| ||||||
9 | commonly referred to as a "beer garden" that is a part of | ||||||
10 | the retailer's
licensed premises.
| ||||||
11 | (iv) Temporary inside signs shall include, but are not | ||||||
12 | limited to, lighted
chalk boards, acrylic table tent | ||||||
13 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
14 | pennants, streamers, and inside advertising materials such | ||||||
15 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
16 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
17 | holders, sports schedules,
or similar printed or | ||||||
18 | illustrated materials and product displays, such as | ||||||
19 | display racks, bins, barrels, or similar items, the | ||||||
20 | primary function of which is to temporarily hold and | ||||||
21 | display alcoholic beverages; however, such items, for | ||||||
22 | example,
as coasters, trays, napkins, glassware, growlers, | ||||||
23 | crowlers, and cups shall not be deemed to be
inside signs | ||||||
24 | or advertising materials and may only be sold to retailers | ||||||
25 | at fair market value, which shall be no less than the cost | ||||||
26 | of the item to the manufacturer, distributor, or importing |
| |||||||
| |||||||
1 | distributor. All
temporary inside signs and inside | ||||||
2 | advertising materials in place and in use at
any one time | ||||||
3 | shall cost in the aggregate not more than $1,000 per | ||||||
4 | manufacturer.
Nothing in this subpart (iv) prohibits a | ||||||
5 | distributor or importing distributor
from paying the cost | ||||||
6 | of
printing or creating any temporary inside banner or | ||||||
7 | inserts for acrylic table
tent beverage or hors d'oeuvre | ||||||
8 | list holders for a retail licensee, provided
that the | ||||||
9 | primary purpose for the banner or insert is to highlight, | ||||||
10 | promote, or
advertise the product. For the purpose of this | ||||||
11 | subpart (iv), all temporary
inside signs and inside | ||||||
12 | advertising materials may be displayed in an adjacent
| ||||||
13 | courtyard or patio commonly referred to as a "beer garden" | ||||||
14 | that is a part of
the retailer's licensed premises.
| ||||||
15 | The restrictions contained in this Section 6-6 do not | ||||||
16 | apply to signs, or
promotional or advertising materials | ||||||
17 | furnished by manufacturers, distributors
or importing | ||||||
18 | distributors to a government owned or operated facility | ||||||
19 | holding
a retailer's license as described in Section 6-5.
| ||||||
20 | No distributor or importing distributor shall directly or | ||||||
21 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
22 | officer, director or
firm of such manufacturer, distributor or | ||||||
23 | importing distributor,
furnish, give, lend or rent, install, | ||||||
24 | repair or maintain, to or for any
retail licensee in this | ||||||
25 | State, any signs or
inside advertising materials described in | ||||||
26 | subparts (i), (ii), (iii), or (iv)
of this Section except as |
| |||||||
| |||||||
1 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
2 | total cost of any signs and inside advertising materials
| ||||||
3 | including but not limited to labor, erection, installation and | ||||||
4 | permit fees
shall be paid by the manufacturer whose product or | ||||||
5 | products said signs
and inside advertising materials advertise | ||||||
6 | and except as follows:
| ||||||
7 | A distributor or importing distributor may purchase from | ||||||
8 | or enter into a
written agreement with a manufacturer or a | ||||||
9 | manufacturer's designated supplier
and such manufacturer or | ||||||
10 | the manufacturer's designated supplier may sell or
enter into | ||||||
11 | an agreement to sell to a distributor or importing distributor
| ||||||
12 | permitted signs and advertising materials described in | ||||||
13 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
14 | of furnishing, giving, lending, renting,
installing, | ||||||
15 | repairing, or maintaining such signs or advertising materials | ||||||
16 | to or
for any retail licensee in this State. Any purchase by a | ||||||
17 | distributor or
importing distributor from a manufacturer or a | ||||||
18 | manufacturer's designated
supplier shall be voluntary and the | ||||||
19 | manufacturer may not require the
distributor or the importing | ||||||
20 | distributor to purchase signs or advertising
materials from | ||||||
21 | the manufacturer or the manufacturer's designated supplier.
| ||||||
22 | A distributor or importing distributor shall be deemed the | ||||||
23 | owner of such
signs or advertising materials purchased from a | ||||||
24 | manufacturer or
a manufacturer's designated supplier.
| ||||||
25 | The provisions of Public Act 90-373
concerning signs or | ||||||
26 | advertising materials delivered by a manufacturer to a
|
| |||||||
| |||||||
1 | distributor or importing distributor shall apply only to signs | ||||||
2 | or advertising
materials delivered on or after August 14, | ||||||
3 | 1997.
| ||||||
4 | A manufacturer, distributor, or importing distributor may | ||||||
5 | furnish free social media advertising to a retail licensee if | ||||||
6 | the social media advertisement does not contain the retail | ||||||
7 | price of any alcoholic liquor and the social media | ||||||
8 | advertisement complies with any applicable rules or | ||||||
9 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
10 | Bureau of the United States Department of the Treasury. A | ||||||
11 | manufacturer, distributor, or importing distributor may list | ||||||
12 | the names of one or more unaffiliated retailers in the | ||||||
13 | advertisement of alcoholic liquor through social media. | ||||||
14 | Nothing in this Section shall prohibit a retailer from | ||||||
15 | communicating with a manufacturer, distributor, or importing | ||||||
16 | distributor on social media or sharing media on the social | ||||||
17 | media of a manufacturer, distributor, or importing | ||||||
18 | distributor. A retailer may request free social media | ||||||
19 | advertising from a manufacturer, distributor, or importing | ||||||
20 | distributor. Nothing in this Section shall prohibit a | ||||||
21 | manufacturer, distributor, or importing distributor from | ||||||
22 | sharing, reposting, or otherwise forwarding a social media | ||||||
23 | post by a retail licensee, so long as the sharing, reposting, | ||||||
24 | or forwarding of the social media post does not contain the | ||||||
25 | retail price of any alcoholic liquor. No manufacturer, | ||||||
26 | distributor, or importing distributor shall pay or reimburse a |
| |||||||
| |||||||
1 | retailer, directly or indirectly, for any social media | ||||||
2 | advertising services, except as specifically permitted in this | ||||||
3 | Act. No retailer shall accept any payment or reimbursement, | ||||||
4 | directly or indirectly, for any social media advertising | ||||||
5 | services offered by a manufacturer, distributor, or importing | ||||||
6 | distributor, except as specifically permitted in this Act. For | ||||||
7 | the purposes of this Section, "social media" means a service, | ||||||
8 | platform, or site where users communicate with one another and | ||||||
9 | share media, such as pictures, videos, music, and blogs, with | ||||||
10 | other users free of charge. | ||||||
11 | No person engaged in the business of manufacturing, | ||||||
12 | importing or
distributing alcoholic liquors shall, directly or | ||||||
13 | indirectly, pay for,
or advance, furnish, or lend money for | ||||||
14 | the payment of any license for
another. Any licensee who shall | ||||||
15 | permit or assent, or be a party in any
way to any violation or | ||||||
16 | infringement of the provisions of this Section
shall be deemed | ||||||
17 | guilty of a violation of this Act, and any money loaned
| ||||||
18 | contrary to a provision of this Act shall not be recovered | ||||||
19 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
20 | or security, or any
lease or contract obtained or made | ||||||
21 | contrary to this Act shall be
unenforceable and void.
| ||||||
22 | This Section shall not apply to airplane licensees | ||||||
23 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
24 | this Act.
| ||||||
25 | (Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19; | ||||||
26 | 101-517, eff. 8-23-19; revised 9-18-19.)
|
| |||||||
| |||||||
1 | (235 ILCS 5/6-6.5)
| ||||||
2 | Sec. 6-6.5. Sanitation and use of growlers and crowlers. | ||||||
3 | (a) A manufacturer, distributor, or importing
distributor | ||||||
4 | may not provide for free, but may sell coil cleaning services | ||||||
5 | and installation services, including labor costs, to a retail | ||||||
6 | licensee at fair market
cost.
| ||||||
7 | A manufacturer, distributor, or importing distributor may | ||||||
8 | not provide for free, but may sell dispensing
accessories to | ||||||
9 | retail licensees at a price not less than the cost to the
| ||||||
10 | manufacturer, distributor, or importing distributor who | ||||||
11 | initially purchased
them. Dispensing accessories include, but | ||||||
12 | are not limited to, items such as
standards, faucets, cold | ||||||
13 | plates, rods, vents, taps, tap standards, hoses,
washers, | ||||||
14 | couplings, gas gauges, vent tongues, shanks, glycol draught | ||||||
15 | systems, pumps, and check valves. A manufacturer, distributor, | ||||||
16 | or importing distributor may service, balance, or inspect | ||||||
17 | draft beer, wine, or distilled spirits systems at regular | ||||||
18 | intervals and may provide labor to replace or install | ||||||
19 | dispensing accessories.
| ||||||
20 | Coil cleaning supplies
consisting of detergents, cleaning | ||||||
21 | chemicals, brushes, or similar type cleaning
devices may be | ||||||
22 | sold at a price not less than the cost to the manufacturer,
| ||||||
23 | distributor, or importing distributor.
| ||||||
24 | (a-5) A manufacturer of beer licensed under subsection (e) | ||||||
25 | of Section 6-4 or a brew pub may
transfer any beer manufactured |
| |||||||
| |||||||
1 | or sold on its licensed premises to a growler or crowler and | ||||||
2 | sell those growlers or crowlers to non-licensees for | ||||||
3 | consumption off the premises. A manufacturer of beer under | ||||||
4 | subsection (e) of Section 6-4 or a brew pub is not subject to | ||||||
5 | subsection (b) of this Section. | ||||||
6 | (b) An on-premises retail licensee may transfer beer to a | ||||||
7 | growler or crowler, which is not an original manufacturer | ||||||
8 | container, but is a reusable rigid container that holds up to | ||||||
9 | 128 fluid ounces of beer and is designed to be sealed on | ||||||
10 | premises by the licensee for off-premises consumption, if the | ||||||
11 | following requirements are met: | ||||||
12 | (1) the beer is transferred within the licensed | ||||||
13 | premises by an employee of the licensed premises at the | ||||||
14 | time of sale; | ||||||
15 | (2) the person transferring the alcohol to be sold to | ||||||
16 | the end consumer is 21 years of age or older; | ||||||
17 | (3) the growler or crowler holds no more than 128 | ||||||
18 | fluid ounces; | ||||||
19 | (4) the growler or crowler bears a twist-type closure, | ||||||
20 | cork, stopper, or plug and includes a one-time use | ||||||
21 | tamper-proof seal; | ||||||
22 | (5) the growler or crowler is affixed with a label or | ||||||
23 | tag that contains the following information: | ||||||
24 | (A) the brand name of the product dispensed; | ||||||
25 | (B) the name of the brewer or bottler; | ||||||
26 | (C) the type of product, such as beer, ale, lager, |
| |||||||
| |||||||
1 | bock, stout, or other brewed or fermented beverage; | ||||||
2 | (D) the net contents; | ||||||
3 | (E) the name and address of the business that | ||||||
4 | cleaned, sanitized, labeled, and filled or refilled | ||||||
5 | the growler or crowler; and | ||||||
6 | (F) the date the growler or crowler was filled or | ||||||
7 | refilled; | ||||||
8 | (5.5) the growler or crowler has been purged with CO 2 | ||||||
9 | prior to sealing the container; | ||||||
10 | (6) the on-premises retail licensee complies with the | ||||||
11 | sanitation requirements under subsections (a) through (c) | ||||||
12 | of 11 Ill. Adm. Code 100.160 when sanitizing the | ||||||
13 | dispensing equipment used to draw beer to fill the growler | ||||||
14 | or crowler or refill the growler; | ||||||
15 | (7) before filling the growler or crowler or refilling | ||||||
16 | the growler, the on-premises retail licensee or licensee's | ||||||
17 | employee shall clean and sanitize the growler or crowler | ||||||
18 | in one of the following manners: | ||||||
19 | (A) By manual washing in a 3-compartment sink. | ||||||
20 | (i) Before sanitizing the growler or crowler, | ||||||
21 | the sinks and work area shall be cleaned to remove | ||||||
22 | any chemicals, oils, or grease from other cleaning | ||||||
23 | activities. | ||||||
24 | (ii) Any residual liquid from the growler | ||||||
25 | shall be emptied into a drain. A growler shall not | ||||||
26 | be emptied into the cleaning water. |
| |||||||
| |||||||
1 | (iii) The growler and cap shall be cleaned in | ||||||
2 | water and detergent. The water temperature shall | ||||||
3 | be, at a minimum, 110 degrees Fahrenheit or the | ||||||
4 | temperature specified on the cleaning agent | ||||||
5 | manufacturer's label instructions. The detergent | ||||||
6 | shall not be fat-based or oil-based. | ||||||
7 | (iv) Any residues on the interior and exterior | ||||||
8 | of the growler shall be removed. | ||||||
9 | (v) The growler and cap shall be rinsed with | ||||||
10 | water in the middle compartment. Rinsing may be | ||||||
11 | from the spigot with a spray arm, from a spigot, or | ||||||
12 | from a tub as long as the water for rinsing is not | ||||||
13 | stagnant but is continually refreshed. | ||||||
14 | (vi) The growler shall be sanitized in the | ||||||
15 | third compartment. Chemical sanitizer shall be | ||||||
16 | used in accordance with the United States | ||||||
17 | Environmental Protection Agency-registered label | ||||||
18 | use instructions and shall meet the minimum water | ||||||
19 | temperature requirements of that chemical. | ||||||
20 | (vii) A test kit or other device that | ||||||
21 | accurately measures the concentration in | ||||||
22 | milligrams per liter of chemical sanitizing | ||||||
23 | solutions shall be provided and be readily | ||||||
24 | accessible for use. | ||||||
25 | (B) By using a mechanical washing and sanitizing | ||||||
26 | machine. |
| |||||||
| |||||||
1 | (i) Mechanical washing and sanitizing machines | ||||||
2 | shall be provided with an easily accessible and | ||||||
3 | readable data plate affixed to the machine by the | ||||||
4 | manufacturer and shall be used according to the | ||||||
5 | machine's design and operation specifications. | ||||||
6 | (ii) Mechanical washing and sanitizing | ||||||
7 | machines shall be equipped with chemical or hot | ||||||
8 | water sanitization. | ||||||
9 | (iii) The concentration of the sanitizing | ||||||
10 | solution or the water temperature shall be | ||||||
11 | accurately determined by using a test kit or other | ||||||
12 | device. | ||||||
13 | (iv) The machine shall be regularly serviced | ||||||
14 | based upon the manufacturer's or installer's | ||||||
15 | guidelines. | ||||||
16 | (C) By transferring beer to a growler or crowler | ||||||
17 | with a tube. | ||||||
18 | (i) Beer may be transferred to a growler or | ||||||
19 | crowler from the bottom of the growler or crowler | ||||||
20 | to the top with a tube that is attached to the tap | ||||||
21 | and extends to the bottom of the growler or | ||||||
22 | crowler or with a commercial filling machine. | ||||||
23 | (ii) Food grade sanitizer shall be used in | ||||||
24 | accordance with the United States Environmental | ||||||
25 | Protection Agency-registered label use | ||||||
26 | instructions. |
| |||||||
| |||||||
1 | (iii) A container of liquid food grade | ||||||
2 | sanitizer shall be maintained for no more than 10 | ||||||
3 | malt beverage taps that will be used for filling | ||||||
4 | growlers or crowlers and refilling growlers. | ||||||
5 | (iv) Each container shall contain no less than | ||||||
6 | 5 tubes that will be used only for filling | ||||||
7 | growlers or crowlers and refilling growlers. | ||||||
8 | (v) The growler or crowler must be inspected | ||||||
9 | visually for contamination. | ||||||
10 | (vi) After each transfer of beer to a growler | ||||||
11 | or crowler, the tube shall be immersed in the | ||||||
12 | container with the liquid food grade sanitizer. | ||||||
13 | (vii) A different tube from the container must | ||||||
14 | be used for each fill of a growler or crowler or | ||||||
15 | refill of a growler. | ||||||
16 | (c) Growlers and crowlers that comply with items (4) and | ||||||
17 | (5) of subsection (b) shall not be deemed an unsealed | ||||||
18 | container for purposes of Section 11-502 of the Illinois | ||||||
19 | Vehicle Code. | ||||||
20 | (d) Growlers and crowlers, as described and authorized | ||||||
21 | under this Section, are not original packages for the purposes | ||||||
22 | of this Act. Upon a consumer taking possession of a growler or | ||||||
23 | crowler from an on-premises retail licensee, the growler or | ||||||
24 | crowler and its contents are deemed to be in the sole custody, | ||||||
25 | control, and care of the consumer. | ||||||
26 | (Source: P.A. 101-16, eff. 6-14-19; 101-517, eff. 8-23-19; |
| |||||||
| |||||||
1 | revised 9-18-19.)
| ||||||
2 | Section 605. The Illinois Public Aid Code is amended by | ||||||
3 | changing Sections 5-2, 5-5, 5-5.07, 5-5.2, 5-5.12, 5H-1, 5H-5, | ||||||
4 | 5H-6, and 11-5.4, by setting forth and renumbering multiple | ||||||
5 | versions of Sections 5-30.11 and 12-4.13c, and by setting | ||||||
6 | forth, renumbering, and changing multiple versions of Section | ||||||
7 | 5-36 as follows:
| ||||||
8 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
9 | Sec. 5-2. Classes of persons eligible. Medical assistance | ||||||
10 | under this
Article shall be available to any of the following | ||||||
11 | classes of persons in
respect to whom a plan for coverage has | ||||||
12 | been submitted to the Governor
by the Illinois Department and | ||||||
13 | approved by him. If changes made in this Section 5-2 require | ||||||
14 | federal approval, they shall not take effect until such | ||||||
15 | approval has been received:
| ||||||
16 | 1. Recipients of basic maintenance grants under | ||||||
17 | Articles III and IV.
| ||||||
18 | 2. Beginning January 1, 2014, persons otherwise | ||||||
19 | eligible for basic maintenance under Article
III, | ||||||
20 | excluding any eligibility requirements that are | ||||||
21 | inconsistent with any federal law or federal regulation, | ||||||
22 | as interpreted by the U.S. Department of Health and Human | ||||||
23 | Services, but who fail to qualify thereunder on the basis | ||||||
24 | of need, and
who have insufficient income and resources to |
| |||||||
| |||||||
1 | meet the costs of
necessary medical care, including , but | ||||||
2 | not limited to , the following:
| ||||||
3 | (a) All persons otherwise eligible for basic | ||||||
4 | maintenance under Article
III but who fail to qualify | ||||||
5 | under that Article on the basis of need and who
meet | ||||||
6 | either of the following requirements:
| ||||||
7 | (i) their income, as determined by the | ||||||
8 | Illinois Department in
accordance with any federal | ||||||
9 | requirements, is equal to or less than 100% of the | ||||||
10 | federal poverty level; or
| ||||||
11 | (ii) their income, after the deduction of | ||||||
12 | costs incurred for medical
care and for other | ||||||
13 | types of remedial care, is equal to or less than | ||||||
14 | 100% of the federal poverty level.
| ||||||
15 | (b) (Blank).
| ||||||
16 | 3. (Blank).
| ||||||
17 | 4. Persons not eligible under any of the preceding | ||||||
18 | paragraphs who fall
sick, are injured, or die, not having | ||||||
19 | sufficient money, property or other
resources to meet the | ||||||
20 | costs of necessary medical care or funeral and burial
| ||||||
21 | expenses.
| ||||||
22 | 5.(a) Beginning January 1, 2020, women during | ||||||
23 | pregnancy and during the
12-month period beginning on the | ||||||
24 | last day of the pregnancy, together with
their infants,
| ||||||
25 | whose income is at or below 200% of the federal poverty | ||||||
26 | level. Until September 30, 2019, or sooner if the |
| |||||||
| |||||||
1 | maintenance of effort requirements under the Patient | ||||||
2 | Protection and Affordable Care Act are eliminated or may | ||||||
3 | be waived before then, women during pregnancy and during | ||||||
4 | the 12-month period beginning on the last day of the | ||||||
5 | pregnancy, whose countable monthly income, after the | ||||||
6 | deduction of costs incurred for medical care and for other | ||||||
7 | types of remedial care as specified in administrative | ||||||
8 | rule, is equal to or less than the Medical Assistance-No | ||||||
9 | Grant(C) (MANG(C)) Income Standard in effect on April 1, | ||||||
10 | 2013 as set forth in administrative rule.
| ||||||
11 | (b) The plan for coverage shall provide ambulatory | ||||||
12 | prenatal care to pregnant women during a
presumptive | ||||||
13 | eligibility period and establish an income eligibility | ||||||
14 | standard
that is equal to 200% of the federal poverty | ||||||
15 | level, provided that costs incurred
for medical care are | ||||||
16 | not taken into account in determining such income
| ||||||
17 | eligibility.
| ||||||
18 | (c) The Illinois Department may conduct a | ||||||
19 | demonstration in at least one
county that will provide | ||||||
20 | medical assistance to pregnant women, together
with their | ||||||
21 | infants and children up to one year of age,
where the | ||||||
22 | income
eligibility standard is set up to 185% of the | ||||||
23 | nonfarm income official
poverty line, as defined by the | ||||||
24 | federal Office of Management and Budget.
The Illinois | ||||||
25 | Department shall seek and obtain necessary authorization
| ||||||
26 | provided under federal law to implement such a |
| |||||||
| |||||||
1 | demonstration. Such
demonstration may establish resource | ||||||
2 | standards that are not more
restrictive than those | ||||||
3 | established under Article IV of this Code.
| ||||||
4 | 6. (a) Children younger than age 19 when countable | ||||||
5 | income is at or below 133% of the federal poverty level. | ||||||
6 | Until September 30, 2019, or sooner if the maintenance of | ||||||
7 | effort requirements under the Patient Protection and | ||||||
8 | Affordable Care Act are eliminated or may be waived before | ||||||
9 | then, children younger than age 19 whose countable monthly | ||||||
10 | income, after the deduction of costs incurred for medical | ||||||
11 | care and for other types of remedial care as specified in | ||||||
12 | administrative rule, is equal to or less than the Medical | ||||||
13 | Assistance-No Grant(C) (MANG(C)) Income Standard in effect | ||||||
14 | on April 1, 2013 as set forth in administrative rule. | ||||||
15 | (b) Children and youth who are under temporary custody | ||||||
16 | or guardianship of the Department of Children and Family | ||||||
17 | Services or who receive financial assistance in support of | ||||||
18 | an adoption or guardianship placement from the Department | ||||||
19 | of Children and Family Services.
| ||||||
20 | 7. (Blank).
| ||||||
21 | 8. As required under federal law, persons who are | ||||||
22 | eligible for Transitional Medical Assistance as a result | ||||||
23 | of an increase in earnings or child or spousal support | ||||||
24 | received. The plan for coverage for this class of persons | ||||||
25 | shall:
| ||||||
26 | (a) extend the medical assistance coverage to the |
| |||||||
| |||||||
1 | extent required by federal law; and
| ||||||
2 | (b) offer persons who have initially received 6 | ||||||
3 | months of the
coverage provided in paragraph (a) | ||||||
4 | above, the option of receiving an
additional 6 months | ||||||
5 | of coverage, subject to the following:
| ||||||
6 | (i) such coverage shall be pursuant to | ||||||
7 | provisions of the federal
Social Security Act;
| ||||||
8 | (ii) such coverage shall include all services | ||||||
9 | covered under Illinois' State Medicaid Plan;
| ||||||
10 | (iii) no premium shall be charged for such | ||||||
11 | coverage; and
| ||||||
12 | (iv) such coverage shall be suspended in the | ||||||
13 | event of a person's
failure without good cause to | ||||||
14 | file in a timely fashion reports required for
this | ||||||
15 | coverage under the Social Security Act and | ||||||
16 | coverage shall be reinstated
upon the filing of | ||||||
17 | such reports if the person remains otherwise | ||||||
18 | eligible.
| ||||||
19 | 9. Persons with acquired immunodeficiency syndrome | ||||||
20 | (AIDS) or with
AIDS-related conditions with respect to | ||||||
21 | whom there has been a determination
that but for home or | ||||||
22 | community-based services such individuals would
require | ||||||
23 | the level of care provided in an inpatient hospital, | ||||||
24 | skilled
nursing facility or intermediate care facility the | ||||||
25 | cost of which is
reimbursed under this Article. Assistance | ||||||
26 | shall be provided to such
persons to the maximum extent |
| |||||||
| |||||||
1 | permitted under Title
XIX of the Federal Social Security | ||||||
2 | Act.
| ||||||
3 | 10. Participants in the long-term care insurance | ||||||
4 | partnership program
established under the Illinois | ||||||
5 | Long-Term Care Partnership Program Act who meet the
| ||||||
6 | qualifications for protection of resources described in | ||||||
7 | Section 15 of that
Act.
| ||||||
8 | 11. Persons with disabilities who are employed and | ||||||
9 | eligible for Medicaid,
pursuant to Section | ||||||
10 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
11 | subject to federal approval, persons with a medically | ||||||
12 | improved disability who are employed and eligible for | ||||||
13 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
14 | the Social Security Act, as
provided by the Illinois | ||||||
15 | Department by rule. In establishing eligibility standards | ||||||
16 | under this paragraph 11, the Department shall, subject to | ||||||
17 | federal approval: | ||||||
18 | (a) set the income eligibility standard at not | ||||||
19 | lower than 350% of the federal poverty level; | ||||||
20 | (b) exempt retirement accounts that the person | ||||||
21 | cannot access without penalty before the age
of 59 | ||||||
22 | 1/2, and medical savings accounts established pursuant | ||||||
23 | to 26 U.S.C. 220; | ||||||
24 | (c) allow non-exempt assets up to $25,000 as to | ||||||
25 | those assets accumulated during periods of eligibility | ||||||
26 | under this paragraph 11; and
|
| |||||||
| |||||||
1 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
2 | determining the eligibility of the person under this | ||||||
3 | Article even if the person loses eligibility under | ||||||
4 | this paragraph 11.
| ||||||
5 | 12. Subject to federal approval, persons who are | ||||||
6 | eligible for medical
assistance coverage under applicable | ||||||
7 | provisions of the federal Social Security
Act and the | ||||||
8 | federal Breast and Cervical Cancer Prevention and | ||||||
9 | Treatment Act of
2000. Those eligible persons are defined | ||||||
10 | to include, but not be limited to,
the following persons:
| ||||||
11 | (1) persons who have been screened for breast or | ||||||
12 | cervical cancer under
the U.S. Centers for Disease | ||||||
13 | Control and Prevention Breast and Cervical Cancer
| ||||||
14 | Program established under Title XV of the federal | ||||||
15 | Public Health Service Services Act in
accordance with | ||||||
16 | the requirements of Section 1504 of that Act as | ||||||
17 | administered by
the Illinois Department of Public | ||||||
18 | Health; and
| ||||||
19 | (2) persons whose screenings under the above | ||||||
20 | program were funded in whole
or in part by funds | ||||||
21 | appropriated to the Illinois Department of Public | ||||||
22 | Health
for breast or cervical cancer screening.
| ||||||
23 | "Medical assistance" under this paragraph 12 shall be | ||||||
24 | identical to the benefits
provided under the State's | ||||||
25 | approved plan under Title XIX of the Social Security
Act. | ||||||
26 | The Department must request federal approval of the |
| |||||||
| |||||||
1 | coverage under this
paragraph 12 within 30 days after July | ||||||
2 | 3, 2001 ( the effective date of Public Act 92-47) this | ||||||
3 | amendatory Act of
the 92nd General Assembly .
| ||||||
4 | In addition to the persons who are eligible for | ||||||
5 | medical assistance pursuant to subparagraphs (1) and (2) | ||||||
6 | of this paragraph 12, and to be paid from funds | ||||||
7 | appropriated to the Department for its medical programs, | ||||||
8 | any uninsured person as defined by the Department in rules | ||||||
9 | residing in Illinois who is younger than 65 years of age, | ||||||
10 | who has been screened for breast and cervical cancer in | ||||||
11 | accordance with standards and procedures adopted by the | ||||||
12 | Department of Public Health for screening, and who is | ||||||
13 | referred to the Department by the Department of Public | ||||||
14 | Health as being in need of treatment for breast or | ||||||
15 | cervical cancer is eligible for medical assistance | ||||||
16 | benefits that are consistent with the benefits provided to | ||||||
17 | those persons described in subparagraphs (1) and (2). | ||||||
18 | Medical assistance coverage for the persons who are | ||||||
19 | eligible under the preceding sentence is not dependent on | ||||||
20 | federal approval, but federal moneys may be used to pay | ||||||
21 | for services provided under that coverage upon federal | ||||||
22 | approval. | ||||||
23 | 13. Subject to appropriation and to federal approval, | ||||||
24 | persons living with HIV/AIDS who are not otherwise | ||||||
25 | eligible under this Article and who qualify for services | ||||||
26 | covered under Section 5-5.04 as provided by the Illinois |
| |||||||
| |||||||
1 | Department by rule.
| ||||||
2 | 14. Subject to the availability of funds for this | ||||||
3 | purpose, the Department may provide coverage under this | ||||||
4 | Article to persons who reside in Illinois who are not | ||||||
5 | eligible under any of the preceding paragraphs and who | ||||||
6 | meet the income guidelines of paragraph 2(a) of this | ||||||
7 | Section and (i) have an application for asylum pending | ||||||
8 | before the federal Department of Homeland Security or on | ||||||
9 | appeal before a court of competent jurisdiction and are | ||||||
10 | represented either by counsel or by an advocate accredited | ||||||
11 | by the federal Department of Homeland Security and | ||||||
12 | employed by a not-for-profit organization in regard to | ||||||
13 | that application or appeal, or (ii) are receiving services | ||||||
14 | through a federally funded torture treatment center. | ||||||
15 | Medical coverage under this paragraph 14 may be provided | ||||||
16 | for up to 24 continuous months from the initial | ||||||
17 | eligibility date so long as an individual continues to | ||||||
18 | satisfy the criteria of this paragraph 14. If an | ||||||
19 | individual has an appeal pending regarding an application | ||||||
20 | for asylum before the Department of Homeland Security, | ||||||
21 | eligibility under this paragraph 14 may be extended until | ||||||
22 | a final decision is rendered on the appeal. The Department | ||||||
23 | may adopt rules governing the implementation of this | ||||||
24 | paragraph 14.
| ||||||
25 | 15. Family Care Eligibility. | ||||||
26 | (a) On and after July 1, 2012, a parent or other |
| |||||||
| |||||||
1 | caretaker relative who is 19 years of age or older when | ||||||
2 | countable income is at or below 133% of the federal | ||||||
3 | poverty level. A person may not spend down to become | ||||||
4 | eligible under this paragraph 15. | ||||||
5 | (b) Eligibility shall be reviewed annually. | ||||||
6 | (c) (Blank). | ||||||
7 | (d) (Blank). | ||||||
8 | (e) (Blank). | ||||||
9 | (f) (Blank). | ||||||
10 | (g) (Blank). | ||||||
11 | (h) (Blank). | ||||||
12 | (i) Following termination of an individual's | ||||||
13 | coverage under this paragraph 15, the individual must | ||||||
14 | be determined eligible before the person can be | ||||||
15 | re-enrolled. | ||||||
16 | 16. Subject to appropriation, uninsured persons who | ||||||
17 | are not otherwise eligible under this Section who have | ||||||
18 | been certified and referred by the Department of Public | ||||||
19 | Health as having been screened and found to need | ||||||
20 | diagnostic evaluation or treatment, or both diagnostic | ||||||
21 | evaluation and treatment, for prostate or testicular | ||||||
22 | cancer. For the purposes of this paragraph 16, uninsured | ||||||
23 | persons are those who do not have creditable coverage, as | ||||||
24 | defined under the Health Insurance Portability and | ||||||
25 | Accountability Act, or have otherwise exhausted any | ||||||
26 | insurance benefits they may have had, for prostate or |
| |||||||
| |||||||
1 | testicular cancer diagnostic evaluation or treatment, or | ||||||
2 | both diagnostic evaluation and treatment.
To be eligible, | ||||||
3 | a person must furnish a Social Security number.
A person's | ||||||
4 | assets are exempt from consideration in determining | ||||||
5 | eligibility under this paragraph 16.
Such persons shall be | ||||||
6 | eligible for medical assistance under this paragraph 16 | ||||||
7 | for so long as they need treatment for the cancer. A person | ||||||
8 | shall be considered to need treatment if, in the opinion | ||||||
9 | of the person's treating physician, the person requires | ||||||
10 | therapy directed toward cure or palliation of prostate or | ||||||
11 | testicular cancer, including recurrent metastatic cancer | ||||||
12 | that is a known or presumed complication of prostate or | ||||||
13 | testicular cancer and complications resulting from the | ||||||
14 | treatment modalities themselves. Persons who require only | ||||||
15 | routine monitoring services are not considered to need | ||||||
16 | treatment.
"Medical assistance" under this paragraph 16 | ||||||
17 | shall be identical to the benefits provided under the | ||||||
18 | State's approved plan under Title XIX of the Social | ||||||
19 | Security Act.
Notwithstanding any other provision of law, | ||||||
20 | the Department (i) does not have a claim against the | ||||||
21 | estate of a deceased recipient of services under this | ||||||
22 | paragraph 16 and (ii) does not have a lien against any | ||||||
23 | homestead property or other legal or equitable real | ||||||
24 | property interest owned by a recipient of services under | ||||||
25 | this paragraph 16. | ||||||
26 | 17. Persons who, pursuant to a waiver approved by the |
| |||||||
| |||||||
1 | Secretary of the U.S. Department of Health and Human | ||||||
2 | Services, are eligible for medical assistance under Title | ||||||
3 | XIX or XXI of the federal Social Security Act. | ||||||
4 | Notwithstanding any other provision of this Code and | ||||||
5 | consistent with the terms of the approved waiver, the | ||||||
6 | Illinois Department, may by rule: | ||||||
7 | (a) Limit the geographic areas in which the waiver | ||||||
8 | program operates. | ||||||
9 | (b) Determine the scope, quantity, duration, and | ||||||
10 | quality, and the rate and method of reimbursement, of | ||||||
11 | the medical services to be provided, which may differ | ||||||
12 | from those for other classes of persons eligible for | ||||||
13 | assistance under this Article. | ||||||
14 | (c) Restrict the persons' freedom in choice of | ||||||
15 | providers. | ||||||
16 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
17 | older, but younger than 65, who are not otherwise eligible | ||||||
18 | for medical assistance under this Section 5-2, who qualify | ||||||
19 | for medical assistance pursuant to 42 U.S.C. | ||||||
20 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
21 | regulations, and who have income at or below 133% of the | ||||||
22 | federal poverty level plus 5% for the applicable family | ||||||
23 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
24 | applicable federal regulations. Persons eligible for | ||||||
25 | medical assistance under this paragraph 18 shall receive | ||||||
26 | coverage for the Health Benefits Service Package as that |
| |||||||
| |||||||
1 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
2 | Code. If Illinois' federal medical assistance percentage | ||||||
3 | (FMAP) is reduced below 90% for persons eligible for | ||||||
4 | medical
assistance under this paragraph 18, eligibility | ||||||
5 | under this paragraph 18 shall cease no later than the end | ||||||
6 | of the third month following the month in which the | ||||||
7 | reduction in FMAP takes effect. | ||||||
8 | 19. Beginning January 1, 2014, as required under 42 | ||||||
9 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 | ||||||
10 | and younger than age 26 who are not otherwise eligible for | ||||||
11 | medical assistance under paragraphs (1) through (17) of | ||||||
12 | this Section who (i) were in foster care under the | ||||||
13 | responsibility of the State on the date of attaining age | ||||||
14 | 18 or on the date of attaining age 21 when a court has | ||||||
15 | continued wardship for good cause as provided in Section | ||||||
16 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
17 | medical assistance under the Illinois Title XIX State Plan | ||||||
18 | or waiver of such plan while in foster care. | ||||||
19 | 20. Beginning January 1, 2018, persons who are | ||||||
20 | foreign-born victims of human trafficking, torture, or | ||||||
21 | other serious crimes as defined in Section 2-19 of this | ||||||
22 | Code and their derivative family members if such persons: | ||||||
23 | (i) reside in Illinois; (ii) are not eligible under any of | ||||||
24 | the preceding paragraphs; (iii) meet the income guidelines | ||||||
25 | of subparagraph (a) of paragraph 2; and (iv) meet the | ||||||
26 | nonfinancial eligibility requirements of Sections 16-2, |
| |||||||
| |||||||
1 | 16-3, and 16-5 of this Code. The Department may extend | ||||||
2 | medical assistance for persons who are foreign-born | ||||||
3 | victims of human trafficking, torture, or other serious | ||||||
4 | crimes whose medical assistance would be terminated | ||||||
5 | pursuant to subsection (b) of Section 16-5 if the | ||||||
6 | Department determines that the person, during the year of | ||||||
7 | initial eligibility (1) experienced a health crisis, (2) | ||||||
8 | has been unable, after reasonable attempts, to obtain | ||||||
9 | necessary information from a third party, or (3) has other | ||||||
10 | extenuating circumstances that prevented the person from | ||||||
11 | completing his or her application for status. The | ||||||
12 | Department may adopt any rules necessary to implement the | ||||||
13 | provisions of this paragraph. | ||||||
14 | 21. Persons who are not otherwise eligible for medical | ||||||
15 | assistance under this Section who may qualify for medical | ||||||
16 | assistance pursuant to 42 U.S.C. | ||||||
17 | 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the | ||||||
18 | duration of any federal or State declared emergency due to | ||||||
19 | COVID-19. Medical assistance to persons eligible for | ||||||
20 | medical assistance solely pursuant to this paragraph 21 | ||||||
21 | shall be limited to any in vitro diagnostic product (and | ||||||
22 | the administration of such product) described in 42 U.S.C. | ||||||
23 | 1396d(a)(3)(B) on or after March 18, 2020, any visit | ||||||
24 | described in 42 U.S.C. 1396o(a)(2)(G), or any other | ||||||
25 | medical assistance that may be federally authorized for | ||||||
26 | this class of persons. The Department may also cover |
| |||||||
| |||||||
1 | treatment of COVID-19 for this class of persons, or any | ||||||
2 | similar category of uninsured individuals, to the extent | ||||||
3 | authorized under a federally approved 1115 Waiver or other | ||||||
4 | federal authority. Notwithstanding the provisions of | ||||||
5 | Section 1-11 of this Code, due to the nature of the | ||||||
6 | COVID-19 public health emergency, the Department may cover | ||||||
7 | and provide the medical assistance described in this | ||||||
8 | paragraph 21 to noncitizens who would otherwise meet the | ||||||
9 | eligibility requirements for the class of persons | ||||||
10 | described in this paragraph 21 for the duration of the | ||||||
11 | State emergency period. | ||||||
12 | In implementing the provisions of Public Act 96-20, the | ||||||
13 | Department is authorized to adopt only those rules necessary, | ||||||
14 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
15 | the Department to adopt rules or issue a decision that expands | ||||||
16 | eligibility for the FamilyCare Program to a person whose | ||||||
17 | income exceeds 185% of the Federal Poverty Level as determined | ||||||
18 | from time to time by the U.S. Department of Health and Human | ||||||
19 | Services, unless the Department is provided with express | ||||||
20 | statutory authority.
| ||||||
21 | The eligibility of any such person for medical assistance | ||||||
22 | under this
Article is not affected by the payment of any grant | ||||||
23 | under the Senior
Citizens and Persons with Disabilities | ||||||
24 | Property Tax Relief Act or any distributions or items of | ||||||
25 | income described under
subparagraph (X) of
paragraph (2) of | ||||||
26 | subsection (a) of Section 203 of the Illinois Income Tax
Act. |
| |||||||
| |||||||
1 | The Department shall by rule establish the amounts of
| ||||||
2 | assets to be disregarded in determining eligibility for | ||||||
3 | medical assistance,
which shall at a minimum equal the amounts | ||||||
4 | to be disregarded under the
Federal Supplemental Security | ||||||
5 | Income Program. The amount of assets of a
single person to be | ||||||
6 | disregarded
shall not be less than $2,000, and the amount of | ||||||
7 | assets of a married couple
to be disregarded shall not be less | ||||||
8 | than $3,000.
| ||||||
9 | To the extent permitted under federal law, any person | ||||||
10 | found guilty of a
second violation of Article VIIIA
shall be | ||||||
11 | ineligible for medical assistance under this Article, as | ||||||
12 | provided
in Section 8A-8.
| ||||||
13 | The eligibility of any person for medical assistance under | ||||||
14 | this Article
shall not be affected by the receipt by the person | ||||||
15 | of donations or benefits
from fundraisers held for the person | ||||||
16 | in cases of serious illness,
as long as neither the person nor | ||||||
17 | members of the person's family
have actual control over the | ||||||
18 | donations or benefits or the disbursement
of the donations or | ||||||
19 | benefits.
| ||||||
20 | Notwithstanding any other provision of this Code, if the | ||||||
21 | United States Supreme Court holds Title II, Subtitle A, | ||||||
22 | Section 2001(a) of Public Law 111-148 to be unconstitutional, | ||||||
23 | or if a holding of Public Law 111-148 makes Medicaid | ||||||
24 | eligibility allowed under Section 2001(a) inoperable, the | ||||||
25 | State or a unit of local government shall be prohibited from | ||||||
26 | enrolling individuals in the Medical Assistance Program as the |
| |||||||
| |||||||
1 | result of federal approval of a State Medicaid waiver on or | ||||||
2 | after June 14, 2012 ( the effective date of Public Act 97-687) | ||||||
3 | this amendatory Act of the 97th General Assembly , and any | ||||||
4 | individuals enrolled in the Medical Assistance Program | ||||||
5 | pursuant to eligibility permitted as a result of such a State | ||||||
6 | Medicaid waiver shall become immediately ineligible. | ||||||
7 | Notwithstanding any other provision of this Code, if an | ||||||
8 | Act of Congress that becomes a Public Law eliminates Section | ||||||
9 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
10 | government shall be prohibited from enrolling individuals in | ||||||
11 | the Medical Assistance Program as the result of federal | ||||||
12 | approval of a State Medicaid waiver on or after June 14, 2012 | ||||||
13 | ( the effective date of Public Act 97-687) this amendatory Act | ||||||
14 | of the 97th General Assembly , and any individuals enrolled in | ||||||
15 | the Medical Assistance Program pursuant to eligibility | ||||||
16 | permitted as a result of such a State Medicaid waiver shall | ||||||
17 | become immediately ineligible. | ||||||
18 | Effective October 1, 2013, the determination of | ||||||
19 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
20 | 15, 17, and 18 of this Section shall comply with the | ||||||
21 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
22 | regulations. | ||||||
23 | The Department of Healthcare and Family Services, the | ||||||
24 | Department of Human Services, and the Illinois health | ||||||
25 | insurance marketplace shall work cooperatively to assist | ||||||
26 | persons who would otherwise lose health benefits as a result |
| |||||||
| |||||||
1 | of changes made under Public Act 98-104 this amendatory Act of | ||||||
2 | the 98th General Assembly to transition to other health | ||||||
3 | insurance coverage. | ||||||
4 | (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; | ||||||
5 | revised 8-24-20.)
| ||||||
6 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
7 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
8 | rule, shall
determine the quantity and quality of and the rate | ||||||
9 | of reimbursement for the
medical assistance for which
payment | ||||||
10 | will be authorized, and the medical services to be provided,
| ||||||
11 | which may include all or part of the following: (1) inpatient | ||||||
12 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
13 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
14 | services; (5) physicians'
services whether furnished in the | ||||||
15 | office, the patient's home, a
hospital, a skilled nursing | ||||||
16 | home, or elsewhere; (6) medical care, or any
other type of | ||||||
17 | remedial care furnished by licensed practitioners; (7)
home | ||||||
18 | health care services; (8) private duty nursing service; (9) | ||||||
19 | clinic
services; (10) dental services, including prevention | ||||||
20 | and treatment of periodontal disease and dental caries disease | ||||||
21 | for pregnant women, provided by an individual licensed to | ||||||
22 | practice dentistry or dental surgery; for purposes of this | ||||||
23 | item (10), "dental services" means diagnostic, preventive, or | ||||||
24 | corrective procedures provided by or under the supervision of | ||||||
25 | a dentist in the practice of his or her profession; (11) |
| |||||||
| |||||||
1 | physical therapy and related
services; (12) prescribed drugs, | ||||||
2 | dentures, and prosthetic devices; and
eyeglasses prescribed by | ||||||
3 | a physician skilled in the diseases of the eye,
or by an | ||||||
4 | optometrist, whichever the person may select; (13) other
| ||||||
5 | diagnostic, screening, preventive, and rehabilitative | ||||||
6 | services, including to ensure that the individual's need for | ||||||
7 | intervention or treatment of mental disorders or substance use | ||||||
8 | disorders or co-occurring mental health and substance use | ||||||
9 | disorders is determined using a uniform screening, assessment, | ||||||
10 | and evaluation process inclusive of criteria, for children and | ||||||
11 | adults; for purposes of this item (13), a uniform screening, | ||||||
12 | assessment, and evaluation process refers to a process that | ||||||
13 | includes an appropriate evaluation and, as warranted, a | ||||||
14 | referral; "uniform" does not mean the use of a singular | ||||||
15 | instrument, tool, or process that all must utilize; (14)
| ||||||
16 | transportation and such other expenses as may be necessary; | ||||||
17 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
18 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
19 | Treatment Act, for
injuries sustained as a result of the | ||||||
20 | sexual assault, including
examinations and laboratory tests to | ||||||
21 | discover evidence which may be used in
criminal proceedings | ||||||
22 | arising from the sexual assault; (16) the
diagnosis and | ||||||
23 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
24 | care, and any other type of remedial care recognized
under the | ||||||
25 | laws of this State. The term "any other type of remedial care" | ||||||
26 | shall
include nursing care and nursing home service for |
| |||||||
| |||||||
1 | persons who rely on
treatment by spiritual means alone through | ||||||
2 | prayer for healing.
| ||||||
3 | Notwithstanding any other provision of this Section, a | ||||||
4 | comprehensive
tobacco use cessation program that includes | ||||||
5 | purchasing prescription drugs or
prescription medical devices | ||||||
6 | approved by the Food and Drug Administration shall
be covered | ||||||
7 | under the medical assistance
program under this Article for | ||||||
8 | persons who are otherwise eligible for
assistance under this | ||||||
9 | Article.
| ||||||
10 | Notwithstanding any other provision of this Code, | ||||||
11 | reproductive health care that is otherwise legal in Illinois | ||||||
12 | shall be covered under the medical assistance program for | ||||||
13 | persons who are otherwise eligible for medical assistance | ||||||
14 | under this Article. | ||||||
15 | Notwithstanding any other provision of this Code, the | ||||||
16 | Illinois
Department may not require, as a condition of payment | ||||||
17 | for any laboratory
test authorized under this Article, that a | ||||||
18 | physician's handwritten signature
appear on the laboratory | ||||||
19 | test order form. The Illinois Department may,
however, impose | ||||||
20 | other appropriate requirements regarding laboratory test
order | ||||||
21 | documentation.
| ||||||
22 | Upon receipt of federal approval of an amendment to the | ||||||
23 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
24 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
25 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
26 | enrolled in a school within the CPS system. CPS shall ensure |
| |||||||
| |||||||
1 | that its vendor or vendors are enrolled as providers in the | ||||||
2 | medical assistance program and in any capitated Medicaid | ||||||
3 | managed care entity (MCE) serving individuals enrolled in a | ||||||
4 | school within the CPS system. Under any contract procured | ||||||
5 | under this provision, the vendor or vendors must serve only | ||||||
6 | individuals enrolled in a school within the CPS system. Claims | ||||||
7 | for services provided by CPS's vendor or vendors to recipients | ||||||
8 | of benefits in the medical assistance program under this Code, | ||||||
9 | the Children's Health Insurance Program, or the Covering ALL | ||||||
10 | KIDS Health Insurance Program shall be submitted to the | ||||||
11 | Department or the MCE in which the individual is enrolled for | ||||||
12 | payment and shall be reimbursed at the Department's or the | ||||||
13 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
14 | On and after July 1, 2012, the Department of Healthcare | ||||||
15 | and Family Services may provide the following services to
| ||||||
16 | persons
eligible for assistance under this Article who are | ||||||
17 | participating in
education, training or employment programs | ||||||
18 | operated by the Department of Human
Services as successor to | ||||||
19 | the Department of Public Aid:
| ||||||
20 | (1) dental services provided by or under the | ||||||
21 | supervision of a dentist; and
| ||||||
22 | (2) eyeglasses prescribed by a physician skilled in | ||||||
23 | the diseases of the
eye, or by an optometrist, whichever | ||||||
24 | the person may select.
| ||||||
25 | On and after July 1, 2018, the Department of Healthcare | ||||||
26 | and Family Services shall provide dental services to any adult |
| |||||||
| |||||||
1 | who is otherwise eligible for assistance under the medical | ||||||
2 | assistance program. As used in this paragraph, "dental | ||||||
3 | services" means diagnostic, preventative, restorative, or | ||||||
4 | corrective procedures, including procedures and services for | ||||||
5 | the prevention and treatment of periodontal disease and dental | ||||||
6 | caries disease, provided by an individual who is licensed to | ||||||
7 | practice dentistry or dental surgery or who is under the | ||||||
8 | supervision of a dentist in the practice of his or her | ||||||
9 | profession. | ||||||
10 | On and after July 1, 2018, targeted dental services, as | ||||||
11 | set forth in Exhibit D of the Consent Decree entered by the | ||||||
12 | United States District Court for the Northern District of | ||||||
13 | Illinois, Eastern Division, in the matter of Memisovski v. | ||||||
14 | Maram, Case No. 92 C 1982, that are provided to adults under | ||||||
15 | the medical assistance program shall be established at no less | ||||||
16 | than the rates set forth in the "New Rate" column in Exhibit D | ||||||
17 | of the Consent Decree for targeted dental services that are | ||||||
18 | provided to persons under the age of 18 under the medical | ||||||
19 | assistance program. | ||||||
20 | Notwithstanding any other provision of this Code and | ||||||
21 | subject to federal approval, the Department may adopt rules to | ||||||
22 | allow a dentist who is volunteering his or her service at no | ||||||
23 | cost to render dental services through an enrolled | ||||||
24 | not-for-profit health clinic without the dentist personally | ||||||
25 | enrolling as a participating provider in the medical | ||||||
26 | assistance program. A not-for-profit health clinic shall |
| |||||||
| |||||||
1 | include a public health clinic or Federally Qualified Health | ||||||
2 | Center or other enrolled provider, as determined by the | ||||||
3 | Department, through which dental services covered under this | ||||||
4 | Section are performed. The Department shall establish a | ||||||
5 | process for payment of claims for reimbursement for covered | ||||||
6 | dental services rendered under this provision. | ||||||
7 | The Illinois Department, by rule, may distinguish and | ||||||
8 | classify the
medical services to be provided only in | ||||||
9 | accordance with the classes of
persons designated in Section | ||||||
10 | 5-2.
| ||||||
11 | The Department of Healthcare and Family Services must | ||||||
12 | provide coverage and reimbursement for amino acid-based | ||||||
13 | elemental formulas, regardless of delivery method, for the | ||||||
14 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
15 | short bowel syndrome when the prescribing physician has issued | ||||||
16 | a written order stating that the amino acid-based elemental | ||||||
17 | formula is medically necessary.
| ||||||
18 | The Illinois Department shall authorize the provision of, | ||||||
19 | and shall
authorize payment for, screening by low-dose | ||||||
20 | mammography for the presence of
occult breast cancer for women | ||||||
21 | 35 years of age or older who are eligible
for medical | ||||||
22 | assistance under this Article, as follows: | ||||||
23 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
24 | age.
| ||||||
25 | (B) An annual mammogram for women 40 years of age or | ||||||
26 | older. |
| |||||||
| |||||||
1 | (C) A mammogram at the age and intervals considered | ||||||
2 | medically necessary by the woman's health care provider | ||||||
3 | for women under 40 years of age and having a family history | ||||||
4 | of breast cancer, prior personal history of breast cancer, | ||||||
5 | positive genetic testing, or other risk factors. | ||||||
6 | (D) A comprehensive ultrasound screening and MRI of an | ||||||
7 | entire breast or breasts if a mammogram demonstrates | ||||||
8 | heterogeneous or dense breast tissue or when medically | ||||||
9 | necessary as determined by a physician licensed to | ||||||
10 | practice medicine in all of its branches. | ||||||
11 | (E) A screening MRI when medically necessary, as | ||||||
12 | determined by a physician licensed to practice medicine in | ||||||
13 | all of its branches. | ||||||
14 | (F) A diagnostic mammogram when medically necessary, | ||||||
15 | as determined by a physician licensed to practice medicine | ||||||
16 | in all its branches, advanced practice registered nurse, | ||||||
17 | or physician assistant. | ||||||
18 | The Department shall not impose a deductible, coinsurance, | ||||||
19 | copayment, or any other cost-sharing requirement on the | ||||||
20 | coverage provided under this paragraph; except that this | ||||||
21 | sentence does not apply to coverage of diagnostic mammograms | ||||||
22 | to the extent such coverage would disqualify a high-deductible | ||||||
23 | health plan from eligibility for a health savings account | ||||||
24 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
25 | U.S.C. 223). | ||||||
26 | All screenings
shall
include a physical breast exam, |
| |||||||
| |||||||
1 | instruction on self-examination and
information regarding the | ||||||
2 | frequency of self-examination and its value as a
preventative | ||||||
3 | tool. | ||||||
4 | For purposes of this Section: | ||||||
5 | "Diagnostic
mammogram" means a mammogram obtained using | ||||||
6 | diagnostic mammography. | ||||||
7 | "Diagnostic
mammography" means a method of screening that | ||||||
8 | is designed to
evaluate an abnormality in a breast, including | ||||||
9 | an abnormality seen
or suspected on a screening mammogram or a | ||||||
10 | subjective or objective
abnormality otherwise detected in the | ||||||
11 | breast. | ||||||
12 | "Low-dose mammography" means
the x-ray examination of the | ||||||
13 | breast using equipment dedicated specifically
for mammography, | ||||||
14 | including the x-ray tube, filter, compression device,
and | ||||||
15 | image receptor, with an average radiation exposure delivery
of | ||||||
16 | less than one rad per breast for 2 views of an average size | ||||||
17 | breast.
The term also includes digital mammography and | ||||||
18 | includes breast tomosynthesis. | ||||||
19 | "Breast tomosynthesis" means a radiologic procedure that | ||||||
20 | involves the acquisition of projection images over the | ||||||
21 | stationary breast to produce cross-sectional digital | ||||||
22 | three-dimensional images of the breast. | ||||||
23 | If, at any time, the Secretary of the United States | ||||||
24 | Department of Health and Human Services, or its successor | ||||||
25 | agency, promulgates rules or regulations to be published in | ||||||
26 | the Federal Register or publishes a comment in the Federal |
| |||||||
| |||||||
1 | Register or issues an opinion, guidance, or other action that | ||||||
2 | would require the State, pursuant to any provision of the | ||||||
3 | Patient Protection and Affordable Care Act (Public Law | ||||||
4 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
5 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
6 | of any coverage for breast tomosynthesis outlined in this | ||||||
7 | paragraph, then the requirement that an insurer cover breast | ||||||
8 | tomosynthesis is inoperative other than any such coverage | ||||||
9 | authorized under Section 1902 of the Social Security Act, 42 | ||||||
10 | U.S.C. 1396a, and the State shall not assume any obligation | ||||||
11 | for the cost of coverage for breast tomosynthesis set forth in | ||||||
12 | this paragraph.
| ||||||
13 | On and after January 1, 2016, the Department shall ensure | ||||||
14 | that all networks of care for adult clients of the Department | ||||||
15 | include access to at least one breast imaging Center of | ||||||
16 | Imaging Excellence as certified by the American College of | ||||||
17 | Radiology. | ||||||
18 | On and after January 1, 2012, providers participating in a | ||||||
19 | quality improvement program approved by the Department shall | ||||||
20 | be reimbursed for screening and diagnostic mammography at the | ||||||
21 | same rate as the Medicare program's rates, including the | ||||||
22 | increased reimbursement for digital mammography. | ||||||
23 | The Department shall convene an expert panel including | ||||||
24 | representatives of hospitals, free-standing mammography | ||||||
25 | facilities, and doctors, including radiologists, to establish | ||||||
26 | quality standards for mammography. |
| |||||||
| |||||||
1 | On and after January 1, 2017, providers participating in a | ||||||
2 | breast cancer treatment quality improvement program approved | ||||||
3 | by the Department shall be reimbursed for breast cancer | ||||||
4 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
5 | program's rates for the data elements included in the breast | ||||||
6 | cancer treatment quality program. | ||||||
7 | The Department shall convene an expert panel, including | ||||||
8 | representatives of hospitals, free-standing breast cancer | ||||||
9 | treatment centers, breast cancer quality organizations, and | ||||||
10 | doctors, including breast surgeons, reconstructive breast | ||||||
11 | surgeons, oncologists, and primary care providers to establish | ||||||
12 | quality standards for breast cancer treatment. | ||||||
13 | Subject to federal approval, the Department shall | ||||||
14 | establish a rate methodology for mammography at federally | ||||||
15 | qualified health centers and other encounter-rate clinics. | ||||||
16 | These clinics or centers may also collaborate with other | ||||||
17 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
18 | Department shall report to the General Assembly on the status | ||||||
19 | of the provision set forth in this paragraph. | ||||||
20 | The Department shall establish a methodology to remind | ||||||
21 | women who are age-appropriate for screening mammography, but | ||||||
22 | who have not received a mammogram within the previous 18 | ||||||
23 | months, of the importance and benefit of screening | ||||||
24 | mammography. The Department shall work with experts in breast | ||||||
25 | cancer outreach and patient navigation to optimize these | ||||||
26 | reminders and shall establish a methodology for evaluating |
| |||||||
| |||||||
1 | their effectiveness and modifying the methodology based on the | ||||||
2 | evaluation. | ||||||
3 | The Department shall establish a performance goal for | ||||||
4 | primary care providers with respect to their female patients | ||||||
5 | over age 40 receiving an annual mammogram. This performance | ||||||
6 | goal shall be used to provide additional reimbursement in the | ||||||
7 | form of a quality performance bonus to primary care providers | ||||||
8 | who meet that goal. | ||||||
9 | The Department shall devise a means of case-managing or | ||||||
10 | patient navigation for beneficiaries diagnosed with breast | ||||||
11 | cancer. This program shall initially operate as a pilot | ||||||
12 | program in areas of the State with the highest incidence of | ||||||
13 | mortality related to breast cancer. At least one pilot program | ||||||
14 | site shall be in the metropolitan Chicago area and at least one | ||||||
15 | site shall be outside the metropolitan Chicago area. On or | ||||||
16 | after July 1, 2016, the pilot program shall be expanded to | ||||||
17 | include one site in western Illinois, one site in southern | ||||||
18 | Illinois, one site in central Illinois, and 4 sites within | ||||||
19 | metropolitan Chicago. An evaluation of the pilot program shall | ||||||
20 | be carried out measuring health outcomes and cost of care for | ||||||
21 | those served by the pilot program compared to similarly | ||||||
22 | situated patients who are not served by the pilot program. | ||||||
23 | The Department shall require all networks of care to | ||||||
24 | develop a means either internally or by contract with experts | ||||||
25 | in navigation and community outreach to navigate cancer | ||||||
26 | patients to comprehensive care in a timely fashion. The |
| |||||||
| |||||||
1 | Department shall require all networks of care to include | ||||||
2 | access for patients diagnosed with cancer to at least one | ||||||
3 | academic commission on cancer-accredited cancer program as an | ||||||
4 | in-network covered benefit. | ||||||
5 | Any medical or health care provider shall immediately | ||||||
6 | recommend, to
any pregnant woman who is being provided | ||||||
7 | prenatal services and is suspected
of having a substance use | ||||||
8 | disorder as defined in the Substance Use Disorder Act, | ||||||
9 | referral to a local substance use disorder treatment program | ||||||
10 | licensed by the Department of Human Services or to a licensed
| ||||||
11 | hospital which provides substance abuse treatment services. | ||||||
12 | The Department of Healthcare and Family Services
shall assure | ||||||
13 | coverage for the cost of treatment of the drug abuse or
| ||||||
14 | addiction for pregnant recipients in accordance with the | ||||||
15 | Illinois Medicaid
Program in conjunction with the Department | ||||||
16 | of Human Services.
| ||||||
17 | All medical providers providing medical assistance to | ||||||
18 | pregnant women
under this Code shall receive information from | ||||||
19 | the Department on the
availability of services under any
| ||||||
20 | program providing case management services for addicted women,
| ||||||
21 | including information on appropriate referrals for other | ||||||
22 | social services
that may be needed by addicted women in | ||||||
23 | addition to treatment for addiction.
| ||||||
24 | The Illinois Department, in cooperation with the | ||||||
25 | Departments of Human
Services (as successor to the Department | ||||||
26 | of Alcoholism and Substance
Abuse) and Public Health, through |
| |||||||
| |||||||
1 | a public awareness campaign, may
provide information | ||||||
2 | concerning treatment for alcoholism and drug abuse and
| ||||||
3 | addiction, prenatal health care, and other pertinent programs | ||||||
4 | directed at
reducing the number of drug-affected infants born | ||||||
5 | to recipients of medical
assistance.
| ||||||
6 | Neither the Department of Healthcare and Family Services | ||||||
7 | nor the Department of Human
Services shall sanction the | ||||||
8 | recipient solely on the basis of
her substance abuse.
| ||||||
9 | The Illinois Department shall establish such regulations | ||||||
10 | governing
the dispensing of health services under this Article | ||||||
11 | as it shall deem
appropriate. The Department
should
seek the | ||||||
12 | advice of formal professional advisory committees appointed by
| ||||||
13 | the Director of the Illinois Department for the purpose of | ||||||
14 | providing regular
advice on policy and administrative matters, | ||||||
15 | information dissemination and
educational activities for | ||||||
16 | medical and health care providers, and
consistency in | ||||||
17 | procedures to the Illinois Department.
| ||||||
18 | The Illinois Department may develop and contract with | ||||||
19 | Partnerships of
medical providers to arrange medical services | ||||||
20 | for persons eligible under
Section 5-2 of this Code. | ||||||
21 | Implementation of this Section may be by
demonstration | ||||||
22 | projects in certain geographic areas. The Partnership shall
be | ||||||
23 | represented by a sponsor organization. The Department, by | ||||||
24 | rule, shall
develop qualifications for sponsors of | ||||||
25 | Partnerships. Nothing in this
Section shall be construed to | ||||||
26 | require that the sponsor organization be a
medical |
| |||||||
| |||||||
1 | organization.
| ||||||
2 | The sponsor must negotiate formal written contracts with | ||||||
3 | medical
providers for physician services, inpatient and | ||||||
4 | outpatient hospital care,
home health services, treatment for | ||||||
5 | alcoholism and substance abuse, and
other services determined | ||||||
6 | necessary by the Illinois Department by rule for
delivery by | ||||||
7 | Partnerships. Physician services must include prenatal and
| ||||||
8 | obstetrical care. The Illinois Department shall reimburse | ||||||
9 | medical services
delivered by Partnership providers to clients | ||||||
10 | in target areas according to
provisions of this Article and | ||||||
11 | the Illinois Health Finance Reform Act,
except that:
| ||||||
12 | (1) Physicians participating in a Partnership and | ||||||
13 | providing certain
services, which shall be determined by | ||||||
14 | the Illinois Department, to persons
in areas covered by | ||||||
15 | the Partnership may receive an additional surcharge
for | ||||||
16 | such services.
| ||||||
17 | (2) The Department may elect to consider and negotiate | ||||||
18 | financial
incentives to encourage the development of | ||||||
19 | Partnerships and the efficient
delivery of medical care.
| ||||||
20 | (3) Persons receiving medical services through | ||||||
21 | Partnerships may receive
medical and case management | ||||||
22 | services above the level usually offered
through the | ||||||
23 | medical assistance program.
| ||||||
24 | Medical providers shall be required to meet certain | ||||||
25 | qualifications to
participate in Partnerships to ensure the | ||||||
26 | delivery of high quality medical
services. These |
| |||||||
| |||||||
1 | qualifications shall be determined by rule of the Illinois
| ||||||
2 | Department and may be higher than qualifications for | ||||||
3 | participation in the
medical assistance program. Partnership | ||||||
4 | sponsors may prescribe reasonable
additional qualifications | ||||||
5 | for participation by medical providers, only with
the prior | ||||||
6 | written approval of the Illinois Department.
| ||||||
7 | Nothing in this Section shall limit the free choice of | ||||||
8 | practitioners,
hospitals, and other providers of medical | ||||||
9 | services by clients.
In order to ensure patient freedom of | ||||||
10 | choice, the Illinois Department shall
immediately promulgate | ||||||
11 | all rules and take all other necessary actions so that
| ||||||
12 | provided services may be accessed from therapeutically | ||||||
13 | certified optometrists
to the full extent of the Illinois | ||||||
14 | Optometric Practice Act of 1987 without
discriminating between | ||||||
15 | service providers.
| ||||||
16 | The Department shall apply for a waiver from the United | ||||||
17 | States Health
Care Financing Administration to allow for the | ||||||
18 | implementation of
Partnerships under this Section.
| ||||||
19 | The Illinois Department shall require health care | ||||||
20 | providers to maintain
records that document the medical care | ||||||
21 | and services provided to recipients
of Medical Assistance | ||||||
22 | under this Article. Such records must be retained for a period | ||||||
23 | of not less than 6 years from the date of service or as | ||||||
24 | provided by applicable State law, whichever period is longer, | ||||||
25 | except that if an audit is initiated within the required | ||||||
26 | retention period then the records must be retained until the |
| |||||||
| |||||||
1 | audit is completed and every exception is resolved. The | ||||||
2 | Illinois Department shall
require health care providers to | ||||||
3 | make available, when authorized by the
patient, in writing, | ||||||
4 | the medical records in a timely fashion to other
health care | ||||||
5 | providers who are treating or serving persons eligible for
| ||||||
6 | Medical Assistance under this Article. All dispensers of | ||||||
7 | medical services
shall be required to maintain and retain | ||||||
8 | business and professional records
sufficient to fully and | ||||||
9 | accurately document the nature, scope, details and
receipt of | ||||||
10 | the health care provided to persons eligible for medical
| ||||||
11 | assistance under this Code, in accordance with regulations | ||||||
12 | promulgated by
the Illinois Department. The rules and | ||||||
13 | regulations shall require that proof
of the receipt of | ||||||
14 | prescription drugs, dentures, prosthetic devices and
| ||||||
15 | eyeglasses by eligible persons under this Section accompany | ||||||
16 | each claim
for reimbursement submitted by the dispenser of | ||||||
17 | such medical services.
No such claims for reimbursement shall | ||||||
18 | be approved for payment by the Illinois
Department without | ||||||
19 | such proof of receipt, unless the Illinois Department
shall | ||||||
20 | have put into effect and shall be operating a system of | ||||||
21 | post-payment
audit and review which shall, on a sampling | ||||||
22 | basis, be deemed adequate by
the Illinois Department to assure | ||||||
23 | that such drugs, dentures, prosthetic
devices and eyeglasses | ||||||
24 | for which payment is being made are actually being
received by | ||||||
25 | eligible recipients. Within 90 days after September 16, 1984 | ||||||
26 | (the effective date of Public Act 83-1439), the Illinois |
| |||||||
| |||||||
1 | Department shall establish a
current list of acquisition costs | ||||||
2 | for all prosthetic devices and any
other items recognized as | ||||||
3 | medical equipment and supplies reimbursable under
this Article | ||||||
4 | and shall update such list on a quarterly basis, except that
| ||||||
5 | the acquisition costs of all prescription drugs shall be | ||||||
6 | updated no
less frequently than every 30 days as required by | ||||||
7 | Section 5-5.12.
| ||||||
8 | Notwithstanding any other law to the contrary, the | ||||||
9 | Illinois Department shall, within 365 days after July 22, 2013 | ||||||
10 | (the effective date of Public Act 98-104), establish | ||||||
11 | procedures to permit skilled care facilities licensed under | ||||||
12 | the Nursing Home Care Act to submit monthly billing claims for | ||||||
13 | reimbursement purposes. Following development of these | ||||||
14 | procedures, the Department shall, by July 1, 2016, test the | ||||||
15 | viability of the new system and implement any necessary | ||||||
16 | operational or structural changes to its information | ||||||
17 | technology platforms in order to allow for the direct | ||||||
18 | acceptance and payment of nursing home claims. | ||||||
19 | Notwithstanding any other law to the contrary, the | ||||||
20 | Illinois Department shall, within 365 days after August 15, | ||||||
21 | 2014 (the effective date of Public Act 98-963), establish | ||||||
22 | procedures to permit ID/DD facilities licensed under the ID/DD | ||||||
23 | Community Care Act and MC/DD facilities licensed under the | ||||||
24 | MC/DD Act to submit monthly billing claims for reimbursement | ||||||
25 | purposes. Following development of these procedures, the | ||||||
26 | Department shall have an additional 365 days to test the |
| |||||||
| |||||||
1 | viability of the new system and to ensure that any necessary | ||||||
2 | operational or structural changes to its information | ||||||
3 | technology platforms are implemented. | ||||||
4 | The Illinois Department shall require all dispensers of | ||||||
5 | medical
services, other than an individual practitioner or | ||||||
6 | group of practitioners,
desiring to participate in the Medical | ||||||
7 | Assistance program
established under this Article to disclose | ||||||
8 | all financial, beneficial,
ownership, equity, surety or other | ||||||
9 | interests in any and all firms,
corporations, partnerships, | ||||||
10 | associations, business enterprises, joint
ventures, agencies, | ||||||
11 | institutions or other legal entities providing any
form of | ||||||
12 | health care services in this State under this Article.
| ||||||
13 | The Illinois Department may require that all dispensers of | ||||||
14 | medical
services desiring to participate in the medical | ||||||
15 | assistance program
established under this Article disclose, | ||||||
16 | under such terms and conditions as
the Illinois Department may | ||||||
17 | by rule establish, all inquiries from clients
and attorneys | ||||||
18 | regarding medical bills paid by the Illinois Department, which
| ||||||
19 | inquiries could indicate potential existence of claims or | ||||||
20 | liens for the
Illinois Department.
| ||||||
21 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
22 | period and shall be conditional for one year. During the | ||||||
23 | period of conditional enrollment, the Department may
terminate | ||||||
24 | the vendor's eligibility to participate in, or may disenroll | ||||||
25 | the vendor from, the medical assistance
program without cause. | ||||||
26 | Unless otherwise specified, such termination of eligibility or |
| |||||||
| |||||||
1 | disenrollment is not subject to the
Department's hearing | ||||||
2 | process.
However, a disenrolled vendor may reapply without | ||||||
3 | penalty.
| ||||||
4 | The Department has the discretion to limit the conditional | ||||||
5 | enrollment period for vendors based upon category of risk of | ||||||
6 | the vendor. | ||||||
7 | Prior to enrollment and during the conditional enrollment | ||||||
8 | period in the medical assistance program, all vendors shall be | ||||||
9 | subject to enhanced oversight, screening, and review based on | ||||||
10 | the risk of fraud, waste, and abuse that is posed by the | ||||||
11 | category of risk of the vendor. The Illinois Department shall | ||||||
12 | establish the procedures for oversight, screening, and review, | ||||||
13 | which may include, but need not be limited to: criminal and | ||||||
14 | financial background checks; fingerprinting; license, | ||||||
15 | certification, and authorization verifications; unscheduled or | ||||||
16 | unannounced site visits; database checks; prepayment audit | ||||||
17 | reviews; audits; payment caps; payment suspensions; and other | ||||||
18 | screening as required by federal or State law. | ||||||
19 | The Department shall define or specify the following: (i) | ||||||
20 | by provider notice, the "category of risk of the vendor" for | ||||||
21 | each type of vendor, which shall take into account the level of | ||||||
22 | screening applicable to a particular category of vendor under | ||||||
23 | federal law and regulations; (ii) by rule or provider notice, | ||||||
24 | the maximum length of the conditional enrollment period for | ||||||
25 | each category of risk of the vendor; and (iii) by rule, the | ||||||
26 | hearing rights, if any, afforded to a vendor in each category |
| |||||||
| |||||||
1 | of risk of the vendor that is terminated or disenrolled during | ||||||
2 | the conditional enrollment period. | ||||||
3 | To be eligible for payment consideration, a vendor's | ||||||
4 | payment claim or bill, either as an initial claim or as a | ||||||
5 | resubmitted claim following prior rejection, must be received | ||||||
6 | by the Illinois Department, or its fiscal intermediary, no | ||||||
7 | later than 180 days after the latest date on the claim on which | ||||||
8 | medical goods or services were provided, with the following | ||||||
9 | exceptions: | ||||||
10 | (1) In the case of a provider whose enrollment is in | ||||||
11 | process by the Illinois Department, the 180-day period | ||||||
12 | shall not begin until the date on the written notice from | ||||||
13 | the Illinois Department that the provider enrollment is | ||||||
14 | complete. | ||||||
15 | (2) In the case of errors attributable to the Illinois | ||||||
16 | Department or any of its claims processing intermediaries | ||||||
17 | which result in an inability to receive, process, or | ||||||
18 | adjudicate a claim, the 180-day period shall not begin | ||||||
19 | until the provider has been notified of the error. | ||||||
20 | (3) In the case of a provider for whom the Illinois | ||||||
21 | Department initiates the monthly billing process. | ||||||
22 | (4) In the case of a provider operated by a unit of | ||||||
23 | local government with a population exceeding 3,000,000 | ||||||
24 | when local government funds finance federal participation | ||||||
25 | for claims payments. | ||||||
26 | For claims for services rendered during a period for which |
| |||||||
| |||||||
1 | a recipient received retroactive eligibility, claims must be | ||||||
2 | filed within 180 days after the Department determines the | ||||||
3 | applicant is eligible. For claims for which the Illinois | ||||||
4 | Department is not the primary payer, claims must be submitted | ||||||
5 | to the Illinois Department within 180 days after the final | ||||||
6 | adjudication by the primary payer. | ||||||
7 | In the case of long term care facilities, within 45 | ||||||
8 | calendar days of receipt by the facility of required | ||||||
9 | prescreening information, new admissions with associated | ||||||
10 | admission documents shall be submitted through the Medical | ||||||
11 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
12 | Eligibility Verification (REV) System or shall be submitted | ||||||
13 | directly to the Department of Human Services using required | ||||||
14 | admission forms. Effective September
1, 2014, admission | ||||||
15 | documents, including all prescreening
information, must be | ||||||
16 | submitted through MEDI or REV. Confirmation numbers assigned | ||||||
17 | to an accepted transaction shall be retained by a facility to | ||||||
18 | verify timely submittal. Once an admission transaction has | ||||||
19 | been completed, all resubmitted claims following prior | ||||||
20 | rejection are subject to receipt no later than 180 days after | ||||||
21 | the admission transaction has been completed. | ||||||
22 | Claims that are not submitted and received in compliance | ||||||
23 | with the foregoing requirements shall not be eligible for | ||||||
24 | payment under the medical assistance program, and the State | ||||||
25 | shall have no liability for payment of those claims. | ||||||
26 | To the extent consistent with applicable information and |
| |||||||
| |||||||
1 | privacy, security, and disclosure laws, State and federal | ||||||
2 | agencies and departments shall provide the Illinois Department | ||||||
3 | access to confidential and other information and data | ||||||
4 | necessary to perform eligibility and payment verifications and | ||||||
5 | other Illinois Department functions. This includes, but is not | ||||||
6 | limited to: information pertaining to licensure; | ||||||
7 | certification; earnings; immigration status; citizenship; wage | ||||||
8 | reporting; unearned and earned income; pension income; | ||||||
9 | employment; supplemental security income; social security | ||||||
10 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
11 | National Practitioner Data Bank (NPDB); program and agency | ||||||
12 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
13 | corporate information; and death records. | ||||||
14 | The Illinois Department shall enter into agreements with | ||||||
15 | State agencies and departments, and is authorized to enter | ||||||
16 | into agreements with federal agencies and departments, under | ||||||
17 | which such agencies and departments shall share data necessary | ||||||
18 | for medical assistance program integrity functions and | ||||||
19 | oversight. The Illinois Department shall develop, in | ||||||
20 | cooperation with other State departments and agencies, and in | ||||||
21 | compliance with applicable federal laws and regulations, | ||||||
22 | appropriate and effective methods to share such data. At a | ||||||
23 | minimum, and to the extent necessary to provide data sharing, | ||||||
24 | the Illinois Department shall enter into agreements with State | ||||||
25 | agencies and departments, and is authorized to enter into | ||||||
26 | agreements with federal agencies and departments, including , |
| |||||||
| |||||||
1 | but not limited to: the Secretary of State; the Department of | ||||||
2 | Revenue; the Department of Public Health; the Department of | ||||||
3 | Human Services; and the Department of Financial and | ||||||
4 | Professional Regulation. | ||||||
5 | Beginning in fiscal year 2013, the Illinois Department | ||||||
6 | shall set forth a request for information to identify the | ||||||
7 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
8 | claims system with the goals of streamlining claims processing | ||||||
9 | and provider reimbursement, reducing the number of pending or | ||||||
10 | rejected claims, and helping to ensure a more transparent | ||||||
11 | adjudication process through the utilization of: (i) provider | ||||||
12 | data verification and provider screening technology; and (ii) | ||||||
13 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
14 | post-adjudicated predictive modeling with an integrated case | ||||||
15 | management system with link analysis. Such a request for | ||||||
16 | information shall not be considered as a request for proposal | ||||||
17 | or as an obligation on the part of the Illinois Department to | ||||||
18 | take any action or acquire any products or services. | ||||||
19 | The Illinois Department shall establish policies, | ||||||
20 | procedures,
standards and criteria by rule for the | ||||||
21 | acquisition, repair and replacement
of orthotic and prosthetic | ||||||
22 | devices and durable medical equipment. Such
rules shall | ||||||
23 | provide, but not be limited to, the following services: (1)
| ||||||
24 | immediate repair or replacement of such devices by recipients; | ||||||
25 | and (2) rental, lease, purchase or lease-purchase of
durable | ||||||
26 | medical equipment in a cost-effective manner, taking into
|
| |||||||
| |||||||
1 | consideration the recipient's medical prognosis, the extent of | ||||||
2 | the
recipient's needs, and the requirements and costs for | ||||||
3 | maintaining such
equipment. Subject to prior approval, such | ||||||
4 | rules shall enable a recipient to temporarily acquire and
use | ||||||
5 | alternative or substitute devices or equipment pending repairs | ||||||
6 | or
replacements of any device or equipment previously | ||||||
7 | authorized for such
recipient by the Department. | ||||||
8 | Notwithstanding any provision of Section 5-5f to the contrary, | ||||||
9 | the Department may, by rule, exempt certain replacement | ||||||
10 | wheelchair parts from prior approval and, for wheelchairs, | ||||||
11 | wheelchair parts, wheelchair accessories, and related seating | ||||||
12 | and positioning items, determine the wholesale price by | ||||||
13 | methods other than actual acquisition costs. | ||||||
14 | The Department shall require, by rule, all providers of | ||||||
15 | durable medical equipment to be accredited by an accreditation | ||||||
16 | organization approved by the federal Centers for Medicare and | ||||||
17 | Medicaid Services and recognized by the Department in order to | ||||||
18 | bill the Department for providing durable medical equipment to | ||||||
19 | recipients. No later than 15 months after the effective date | ||||||
20 | of the rule adopted pursuant to this paragraph, all providers | ||||||
21 | must meet the accreditation requirement.
| ||||||
22 | In order to promote environmental responsibility, meet the | ||||||
23 | needs of recipients and enrollees, and achieve significant | ||||||
24 | cost savings, the Department, or a managed care organization | ||||||
25 | under contract with the Department, may provide recipients or | ||||||
26 | managed care enrollees who have a prescription or Certificate |
| |||||||
| |||||||
1 | of Medical Necessity access to refurbished durable medical | ||||||
2 | equipment under this Section (excluding prosthetic and | ||||||
3 | orthotic devices as defined in the Orthotics, Prosthetics, and | ||||||
4 | Pedorthics Practice Act and complex rehabilitation technology | ||||||
5 | products and associated services) through the State's | ||||||
6 | assistive technology program's reutilization program, using | ||||||
7 | staff with the Assistive Technology Professional (ATP) | ||||||
8 | Certification if the refurbished durable medical equipment: | ||||||
9 | (i) is available; (ii) is less expensive, including shipping | ||||||
10 | costs, than new durable medical equipment of the same type; | ||||||
11 | (iii) is able to withstand at least 3 years of use; (iv) is | ||||||
12 | cleaned, disinfected, sterilized, and safe in accordance with | ||||||
13 | federal Food and Drug Administration regulations and guidance | ||||||
14 | governing the reprocessing of medical devices in health care | ||||||
15 | settings; and (v) equally meets the needs of the recipient or | ||||||
16 | enrollee. The reutilization program shall confirm that the | ||||||
17 | recipient or enrollee is not already in receipt of same or | ||||||
18 | similar equipment from another service provider, and that the | ||||||
19 | refurbished durable medical equipment equally meets the needs | ||||||
20 | of the recipient or enrollee. Nothing in this paragraph shall | ||||||
21 | be construed to limit recipient or enrollee choice to obtain | ||||||
22 | new durable medical equipment or place any additional prior | ||||||
23 | authorization conditions on enrollees of managed care | ||||||
24 | organizations. | ||||||
25 | The Department shall execute, relative to the nursing home | ||||||
26 | prescreening
project, written inter-agency agreements with the |
| |||||||
| |||||||
1 | Department of Human
Services and the Department on Aging, to | ||||||
2 | effect the following: (i) intake
procedures and common | ||||||
3 | eligibility criteria for those persons who are receiving
| ||||||
4 | non-institutional services; and (ii) the establishment and | ||||||
5 | development of
non-institutional services in areas of the | ||||||
6 | State where they are not currently
available or are | ||||||
7 | undeveloped; and (iii) notwithstanding any other provision of | ||||||
8 | law, subject to federal approval, on and after July 1, 2012, an | ||||||
9 | increase in the determination of need (DON) scores from 29 to | ||||||
10 | 37 for applicants for institutional and home and | ||||||
11 | community-based long term care; if and only if federal | ||||||
12 | approval is not granted, the Department may, in conjunction | ||||||
13 | with other affected agencies, implement utilization controls | ||||||
14 | or changes in benefit packages to effectuate a similar savings | ||||||
15 | amount for this population; and (iv) no later than July 1, | ||||||
16 | 2013, minimum level of care eligibility criteria for | ||||||
17 | institutional and home and community-based long term care; and | ||||||
18 | (v) no later than October 1, 2013, establish procedures to | ||||||
19 | permit long term care providers access to eligibility scores | ||||||
20 | for individuals with an admission date who are seeking or | ||||||
21 | receiving services from the long term care provider. In order | ||||||
22 | to select the minimum level of care eligibility criteria, the | ||||||
23 | Governor shall establish a workgroup that includes affected | ||||||
24 | agency representatives and stakeholders representing the | ||||||
25 | institutional and home and community-based long term care | ||||||
26 | interests. This Section shall not restrict the Department from |
| |||||||
| |||||||
1 | implementing lower level of care eligibility criteria for | ||||||
2 | community-based services in circumstances where federal | ||||||
3 | approval has been granted.
| ||||||
4 | The Illinois Department shall develop and operate, in | ||||||
5 | cooperation
with other State Departments and agencies and in | ||||||
6 | compliance with
applicable federal laws and regulations, | ||||||
7 | appropriate and effective
systems of health care evaluation | ||||||
8 | and programs for monitoring of
utilization of health care | ||||||
9 | services and facilities, as it affects
persons eligible for | ||||||
10 | medical assistance under this Code.
| ||||||
11 | The Illinois Department shall report annually to the | ||||||
12 | General Assembly,
no later than the second Friday in April of | ||||||
13 | 1979 and each year
thereafter, in regard to:
| ||||||
14 | (a) actual statistics and trends in utilization of | ||||||
15 | medical services by
public aid recipients;
| ||||||
16 | (b) actual statistics and trends in the provision of | ||||||
17 | the various medical
services by medical vendors;
| ||||||
18 | (c) current rate structures and proposed changes in | ||||||
19 | those rate structures
for the various medical vendors; and
| ||||||
20 | (d) efforts at utilization review and control by the | ||||||
21 | Illinois Department.
| ||||||
22 | The period covered by each report shall be the 3 years | ||||||
23 | ending on the June
30 prior to the report. The report shall | ||||||
24 | include suggested legislation
for consideration by the General | ||||||
25 | Assembly. The requirement for reporting to the General | ||||||
26 | Assembly shall be satisfied
by filing copies of the report as |
| |||||||
| |||||||
1 | required by Section 3.1 of the General Assembly Organization | ||||||
2 | Act, and filing such additional
copies
with the State | ||||||
3 | Government Report Distribution Center for the General
Assembly | ||||||
4 | as is required under paragraph (t) of Section 7 of the State
| ||||||
5 | Library Act.
| ||||||
6 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
7 | any, is conditioned on the rules being adopted in accordance | ||||||
8 | with all provisions of the Illinois Administrative Procedure | ||||||
9 | Act and all rules and procedures of the Joint Committee on | ||||||
10 | Administrative Rules; any purported rule not so adopted, for | ||||||
11 | whatever reason, is unauthorized. | ||||||
12 | On and after July 1, 2012, the Department shall reduce any | ||||||
13 | rate of reimbursement for services or other payments or alter | ||||||
14 | any methodologies authorized by this Code to reduce any rate | ||||||
15 | of reimbursement for services or other payments in accordance | ||||||
16 | with Section 5-5e. | ||||||
17 | Because kidney transplantation can be an appropriate, | ||||||
18 | cost-effective
alternative to renal dialysis when medically | ||||||
19 | necessary and notwithstanding the provisions of Section 1-11 | ||||||
20 | of this Code, beginning October 1, 2014, the Department shall | ||||||
21 | cover kidney transplantation for noncitizens with end-stage | ||||||
22 | renal disease who are not eligible for comprehensive medical | ||||||
23 | benefits, who meet the residency requirements of Section 5-3 | ||||||
24 | of this Code, and who would otherwise meet the financial | ||||||
25 | requirements of the appropriate class of eligible persons | ||||||
26 | under Section 5-2 of this Code. To qualify for coverage of |
| |||||||
| |||||||
1 | kidney transplantation, such person must be receiving | ||||||
2 | emergency renal dialysis services covered by the Department. | ||||||
3 | Providers under this Section shall be prior approved and | ||||||
4 | certified by the Department to perform kidney transplantation | ||||||
5 | and the services under this Section shall be limited to | ||||||
6 | services associated with kidney transplantation. | ||||||
7 | Notwithstanding any other provision of this Code to the | ||||||
8 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
9 | medication assisted treatment prescribed for the treatment of | ||||||
10 | alcohol dependence or treatment of opioid dependence shall be | ||||||
11 | covered under both fee for service and managed care medical | ||||||
12 | assistance programs for persons who are otherwise eligible for | ||||||
13 | medical assistance under this Article and shall not be subject | ||||||
14 | to any (1) utilization control, other than those established | ||||||
15 | under the American Society of Addiction Medicine patient | ||||||
16 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
17 | lifetime restriction limit
mandate. | ||||||
18 | On or after July 1, 2015, opioid antagonists prescribed | ||||||
19 | for the treatment of an opioid overdose, including the | ||||||
20 | medication product, administration devices, and any pharmacy | ||||||
21 | fees related to the dispensing and administration of the | ||||||
22 | opioid antagonist, shall be covered under the medical | ||||||
23 | assistance program for persons who are otherwise eligible for | ||||||
24 | medical assistance under this Article. As used in this | ||||||
25 | Section, "opioid antagonist" means a drug that binds to opioid | ||||||
26 | receptors and blocks or inhibits the effect of opioids acting |
| |||||||
| |||||||
1 | on those receptors, including, but not limited to, naloxone | ||||||
2 | hydrochloride or any other similarly acting drug approved by | ||||||
3 | the U.S. Food and Drug Administration. | ||||||
4 | Upon federal approval, the Department shall provide | ||||||
5 | coverage and reimbursement for all drugs that are approved for | ||||||
6 | marketing by the federal Food and Drug Administration and that | ||||||
7 | are recommended by the federal Public Health Service or the | ||||||
8 | United States Centers for Disease Control and Prevention for | ||||||
9 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
10 | services, including, but not limited to, HIV and sexually | ||||||
11 | transmitted infection screening, treatment for sexually | ||||||
12 | transmitted infections, medical monitoring, assorted labs, and | ||||||
13 | counseling to reduce the likelihood of HIV infection among | ||||||
14 | individuals who are not infected with HIV but who are at high | ||||||
15 | risk of HIV infection. | ||||||
16 | A federally qualified health center, as defined in Section | ||||||
17 | 1905(l)(2)(B) of the federal
Social Security Act, shall be | ||||||
18 | reimbursed by the Department in accordance with the federally | ||||||
19 | qualified health center's encounter rate for services provided | ||||||
20 | to medical assistance recipients that are performed by a | ||||||
21 | dental hygienist, as defined under the Illinois Dental | ||||||
22 | Practice Act, working under the general supervision of a | ||||||
23 | dentist and employed by a federally qualified health center. | ||||||
24 | (Source: P.A. 100-201, eff. 8-18-17; 100-395, eff. 1-1-18; | ||||||
25 | 100-449, eff. 1-1-18; 100-538, eff. 1-1-18; 100-587, eff. | ||||||
26 | 6-4-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-974, |
| |||||||
| |||||||
1 | eff. 8-19-18; 100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19; | ||||||
2 | 100-1148, eff. 12-10-18; 101-209, eff. 8-5-19; 101-580, eff. | ||||||
3 | 1-1-20; revised 9-18-19.)
| ||||||
4 | (305 ILCS 5/5-5.07) | ||||||
5 | Sec. 5-5.07. Inpatient psychiatric stay; DCFS per diem | ||||||
6 | rate. The Department of Children and Family Services shall pay | ||||||
7 | the DCFS per diem rate for inpatient psychiatric stay at a | ||||||
8 | free-standing psychiatric hospital effective the 11th day when | ||||||
9 | a child is in the hospital beyond medical necessity, and the | ||||||
10 | parent or caregiver has denied the child access to the home and | ||||||
11 | has refused or failed to make provisions for another living | ||||||
12 | arrangement for the child or the child's discharge is being | ||||||
13 | delayed due to a pending inquiry or investigation by the | ||||||
14 | Department of Children and Family Services. If any portion of | ||||||
15 | a hospital stay is reimbursed under this Section, the hospital | ||||||
16 | stay shall not be eligible for payment under the provisions of | ||||||
17 | Section 14-13 of this Code. This Section is inoperative on and | ||||||
18 | after July 1, 2020 2019 .
| ||||||
19 | (Source: P.A. 100-646, eff. 7-27-18; reenacted by P.A. 101-15, | ||||||
20 | eff. 6-14-19; reenacted by P.A. 101-209, eff. 8-5-19; revised | ||||||
21 | 9-24-19.)
| ||||||
22 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
23 | Sec. 5-5.2. Payment.
| ||||||
24 | (a) All nursing facilities that are grouped pursuant to |
| |||||||
| |||||||
1 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
2 | payment for similar
services.
| ||||||
3 | (b) It shall be a matter of State policy that the Illinois | ||||||
4 | Department
shall utilize a uniform billing cycle throughout | ||||||
5 | the State for the
long-term care providers.
| ||||||
6 | (c) Notwithstanding any other provisions of this Code, the | ||||||
7 | methodologies for reimbursement of nursing services as | ||||||
8 | provided under this Article shall no longer be applicable for | ||||||
9 | bills payable for nursing services rendered on or after a new | ||||||
10 | reimbursement system based on the Resource Utilization Groups | ||||||
11 | (RUGs) has been fully operationalized, which shall take effect | ||||||
12 | for services provided on or after January 1, 2014. | ||||||
13 | (d) The new nursing services reimbursement methodology | ||||||
14 | utilizing RUG-IV 48 grouper model, which shall be referred to | ||||||
15 | as the RUGs reimbursement system, taking effect January 1, | ||||||
16 | 2014, shall be based on the following: | ||||||
17 | (1) The methodology shall be resident-driven, | ||||||
18 | facility-specific, and cost-based. | ||||||
19 | (2) Costs shall be annually rebased and case mix index | ||||||
20 | quarterly updated. The nursing services methodology will | ||||||
21 | be assigned to the Medicaid enrolled residents on record | ||||||
22 | as of 30 days prior to the beginning of the rate period in | ||||||
23 | the Department's Medicaid Management Information System | ||||||
24 | (MMIS) as present on the last day of the second quarter | ||||||
25 | preceding the rate period based upon the Assessment | ||||||
26 | Reference Date of the Minimum Data Set (MDS). |
| |||||||
| |||||||
1 | (3) Regional wage adjustors based on the Health | ||||||
2 | Service Areas (HSA) groupings and adjusters in effect on | ||||||
3 | April 30, 2012 shall be included. | ||||||
4 | (4) Case mix index shall be assigned to each resident | ||||||
5 | class based on the Centers for Medicare and Medicaid | ||||||
6 | Services staff time measurement study in effect on July 1, | ||||||
7 | 2013, utilizing an index maximization approach. | ||||||
8 | (5) The pool of funds available for distribution by | ||||||
9 | case mix and the base facility rate shall be determined | ||||||
10 | using the formula contained in subsection (d-1). | ||||||
11 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
12 | base per diem rate. | ||||||
13 | (1) Base rate spending pool shall be: | ||||||
14 | (A) The base year resident days which are | ||||||
15 | calculated by multiplying the number of Medicaid | ||||||
16 | residents in each nursing home as indicated in the MDS | ||||||
17 | data defined in paragraph (4) by 365. | ||||||
18 | (B) Each facility's nursing component per diem in | ||||||
19 | effect on July 1, 2012 shall be multiplied by | ||||||
20 | subsection (A). | ||||||
21 | (C) Thirteen million is added to the product of | ||||||
22 | subparagraph (A) and subparagraph (B) to adjust for | ||||||
23 | the exclusion of nursing homes defined in paragraph | ||||||
24 | (5). | ||||||
25 | (2) For each nursing home with Medicaid residents as | ||||||
26 | indicated by the MDS data defined in paragraph (4), |
| |||||||
| |||||||
1 | weighted days adjusted for case mix and regional wage | ||||||
2 | adjustment shall be calculated. For each home this | ||||||
3 | calculation is the product of: | ||||||
4 | (A) Base year resident days as calculated in | ||||||
5 | subparagraph (A) of paragraph (1). | ||||||
6 | (B) The nursing home's regional wage adjustor | ||||||
7 | based on the Health Service Areas (HSA) groupings and | ||||||
8 | adjustors in effect on April 30, 2012. | ||||||
9 | (C) Facility weighted case mix which is the number | ||||||
10 | of Medicaid residents as indicated by the MDS data | ||||||
11 | defined in paragraph (4) multiplied by the associated | ||||||
12 | case weight for the RUG-IV 48 grouper model using | ||||||
13 | standard RUG-IV procedures for index maximization. | ||||||
14 | (D) The sum of the products calculated for each | ||||||
15 | nursing home in subparagraphs (A) through (C) above | ||||||
16 | shall be the base year case mix, rate adjusted | ||||||
17 | weighted days. | ||||||
18 | (3) The Statewide RUG-IV nursing base per diem rate: | ||||||
19 | (A) on January 1, 2014 shall be the quotient of the | ||||||
20 | paragraph (1) divided by the sum calculated under | ||||||
21 | subparagraph (D) of paragraph (2); and | ||||||
22 | (B) on and after July 1, 2014, shall be the amount | ||||||
23 | calculated under subparagraph (A) of this paragraph | ||||||
24 | (3) plus $1.76. | ||||||
25 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
26 | for Medicaid residents on the last day of the quarter used |
| |||||||
| |||||||
1 | to establish the base rate. | ||||||
2 | (5) Nursing facilities designated as of July 1, 2012 | ||||||
3 | by the Department as "Institutions for Mental Disease" | ||||||
4 | shall be excluded from all calculations under this | ||||||
5 | subsection. The data from these facilities shall not be | ||||||
6 | used in the computations described in paragraphs (1) | ||||||
7 | through (4) above to establish the base rate. | ||||||
8 | (e) Beginning July 1, 2014, the Department shall allocate | ||||||
9 | funding in the amount up to $10,000,000 for per diem add-ons to | ||||||
10 | the RUGS methodology for dates of service on and after July 1, | ||||||
11 | 2014: | ||||||
12 | (1) $0.63 for each resident who scores in I4200 | ||||||
13 | Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||||||
14 | (2) $2.67 for each resident who scores either a "1" or | ||||||
15 | "2" in any items S1200A through S1200I and also scores in | ||||||
16 | RUG groups PA1, PA2, BA1, or BA2. | ||||||
17 | (e-1) (Blank). | ||||||
18 | (e-2) For dates of services beginning January 1, 2014, the | ||||||
19 | RUG-IV nursing component per diem for a nursing home shall be | ||||||
20 | the product of the statewide RUG-IV nursing base per diem | ||||||
21 | rate, the facility average case mix index, and the regional | ||||||
22 | wage adjustor. Transition rates for services provided between | ||||||
23 | January 1, 2014 and December 31, 2014 shall be as follows: | ||||||
24 | (1) The transition RUG-IV per diem nursing rate for | ||||||
25 | nursing homes whose rate calculated in this subsection | ||||||
26 | (e-2) is greater than the nursing component rate in effect |
| |||||||
| |||||||
1 | July 1, 2012 shall be paid the sum of: | ||||||
2 | (A) The nursing component rate in effect July 1, | ||||||
3 | 2012; plus | ||||||
4 | (B) The difference of the RUG-IV nursing component | ||||||
5 | per diem calculated for the current quarter minus the | ||||||
6 | nursing component rate in effect July 1, 2012 | ||||||
7 | multiplied by 0.88. | ||||||
8 | (2) The transition RUG-IV per diem nursing rate for | ||||||
9 | nursing homes whose rate calculated in this subsection | ||||||
10 | (e-2) is less than the nursing component rate in effect | ||||||
11 | July 1, 2012 shall be paid the sum of: | ||||||
12 | (A) The nursing component rate in effect July 1, | ||||||
13 | 2012; plus | ||||||
14 | (B) The difference of the RUG-IV nursing component | ||||||
15 | per diem calculated for the current quarter minus the | ||||||
16 | nursing component rate in effect July 1, 2012 | ||||||
17 | multiplied by 0.13. | ||||||
18 | (f) Notwithstanding any other provision of this Code, on | ||||||
19 | and after July 1, 2012, reimbursement rates associated with | ||||||
20 | the nursing or support components of the current nursing | ||||||
21 | facility rate methodology shall not increase beyond the level | ||||||
22 | effective May 1, 2011 until a new reimbursement system based | ||||||
23 | on the RUGs IV 48 grouper model has been fully | ||||||
24 | operationalized. | ||||||
25 | (g) Notwithstanding any other provision of this Code, on | ||||||
26 | and after July 1, 2012, for facilities not designated by the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services as "Institutions | ||||||
2 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
3 | adjusted as follows: | ||||||
4 | (1) Individual nursing rates for residents classified | ||||||
5 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
6 | ending March 31, 2012 shall be reduced by 10%; | ||||||
7 | (2) Individual nursing rates for residents classified | ||||||
8 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
9 | (3) Facility rates for the capital and support | ||||||
10 | components shall be reduced by 1.7%. | ||||||
11 | (h) Notwithstanding any other provision of this Code, on | ||||||
12 | and after July 1, 2012, nursing facilities designated by the | ||||||
13 | Department of Healthcare and Family Services as "Institutions | ||||||
14 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
15 | are facilities licensed under the Specialized Mental Health | ||||||
16 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
17 | socio-developmental, capital, and support components of their | ||||||
18 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
19 | 2.7%. | ||||||
20 | (i) On and after July 1, 2014, the reimbursement rates for | ||||||
21 | the support component of the nursing facility rate for | ||||||
22 | facilities licensed under the Nursing Home Care Act as skilled | ||||||
23 | or intermediate care facilities shall be the rate in effect on | ||||||
24 | June 30, 2014 increased by 8.17%. | ||||||
25 | (j) Notwithstanding any other provision of law, subject to | ||||||
26 | federal approval, effective July 1, 2019, sufficient funds |
| |||||||
| |||||||
1 | shall be allocated for changes to rates for facilities | ||||||
2 | licensed under the Nursing Home Care Act as skilled nursing | ||||||
3 | facilities or intermediate care facilities for dates of | ||||||
4 | services on and after July 1, 2019: (i) to establish a per diem | ||||||
5 | add-on to the direct care per diem rate not to exceed | ||||||
6 | $70,000,000 annually in the aggregate taking into account | ||||||
7 | federal matching funds for the purpose of addressing the | ||||||
8 | facility's unique staffing needs, adjusted quarterly and | ||||||
9 | distributed by a weighted formula based on Medicaid bed days | ||||||
10 | on the last day of the second quarter preceding the quarter for | ||||||
11 | which the rate is being adjusted; and (ii) in an amount not to | ||||||
12 | exceed $170,000,000 annually in the aggregate taking into | ||||||
13 | account federal matching funds to permit the support component | ||||||
14 | of the nursing facility rate to be updated as follows: | ||||||
15 | (1) 80%, or $136,000,000, of the funds shall be used | ||||||
16 | to update each facility's rate in effect on June 30, 2019 | ||||||
17 | using the most recent cost reports on file, which have had | ||||||
18 | a limited review conducted by the Department of Healthcare | ||||||
19 | and Family Services and will not hold up enacting the rate | ||||||
20 | increase, with the Department of Healthcare and Family | ||||||
21 | Services and taking into account subsection (i). | ||||||
22 | (2) After completing the calculation in paragraph (1), | ||||||
23 | any facility whose rate is less than the rate in effect on | ||||||
24 | June 30, 2019 shall have its rate restored to the rate in | ||||||
25 | effect on June 30, 2019 from the 20% of the funds set | ||||||
26 | aside. |
| |||||||
| |||||||
1 | (3) The remainder of the 20%, or $34,000,000, shall be | ||||||
2 | used to increase each facility's rate by an equal | ||||||
3 | percentage. | ||||||
4 | To implement item (i) in this subsection, facilities shall | ||||||
5 | file quarterly reports documenting compliance with its | ||||||
6 | annually approved staffing plan, which shall permit compliance | ||||||
7 | with Section 3-202.05 of the Nursing Home Care Act. A facility | ||||||
8 | that fails to meet the benchmarks and dates contained in the | ||||||
9 | plan may have its add-on adjusted in the quarter following the | ||||||
10 | quarterly review. Nothing in this Section shall limit the | ||||||
11 | ability of the facility to appeal a ruling of non-compliance | ||||||
12 | and a subsequent reduction to the add-on. Funds adjusted for | ||||||
13 | noncompliance shall be maintained in the Long-Term Care | ||||||
14 | Provider Fund and accounted for separately. At the end of each | ||||||
15 | fiscal year, these funds shall be made available to facilities | ||||||
16 | for special staffing projects. | ||||||
17 | In order to provide for the expeditious and timely
| ||||||
18 | implementation of the provisions of Public Act 101-10 this | ||||||
19 | amendatory Act of the
101st General Assembly , emergency rules | ||||||
20 | to implement any provision of Public Act 101-10 this | ||||||
21 | amendatory Act of the 101st General Assembly may be adopted in | ||||||
22 | accordance with this subsection by the agency charged with | ||||||
23 | administering that provision or
initiative. The agency shall | ||||||
24 | simultaneously file emergency rules and permanent rules to | ||||||
25 | ensure that there is no interruption in administrative | ||||||
26 | guidance. The 150-day limitation of the effective period of |
| |||||||
| |||||||
1 | emergency rules does not apply to rules adopted under this
| ||||||
2 | subsection, and the effective period may continue through
June | ||||||
3 | 30, 2021. The 24-month limitation on the adoption of
emergency | ||||||
4 | rules does not apply to rules adopted under this
subsection. | ||||||
5 | The adoption of emergency rules authorized by this subsection | ||||||
6 | is deemed to be necessary for the public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (k) (j) During the first quarter of State Fiscal Year | ||||||
9 | 2020, the Department of Healthcare of Family Services must | ||||||
10 | convene a technical advisory group consisting of members of | ||||||
11 | all trade associations representing Illinois skilled nursing | ||||||
12 | providers to discuss changes necessary with federal | ||||||
13 | implementation of Medicare's Patient-Driven Payment Model. | ||||||
14 | Implementation of Medicare's Patient-Driven Payment Model | ||||||
15 | shall, by September 1, 2020, end the collection of the MDS data | ||||||
16 | that is necessary to maintain the current RUG-IV Medicaid | ||||||
17 | payment methodology. The technical advisory group must | ||||||
18 | consider a revised reimbursement methodology that takes into | ||||||
19 | account transparency, accountability, actual staffing as | ||||||
20 | reported under the federally required Payroll Based Journal | ||||||
21 | system, changes to the minimum wage, adequacy in coverage of | ||||||
22 | the cost of care, and a quality component that rewards quality | ||||||
23 | improvements. | ||||||
24 | (Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19; | ||||||
25 | revised 9-18-19.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
| ||||||
2 | Sec. 5-5.12. Pharmacy payments.
| ||||||
3 | (a) Every request submitted by a pharmacy for | ||||||
4 | reimbursement under this
Article for prescription drugs | ||||||
5 | provided to a recipient of aid under this
Article shall | ||||||
6 | include the name of the prescriber or an acceptable
| ||||||
7 | identification number as established by the Department.
| ||||||
8 | (b) Pharmacies providing prescription drugs under
this | ||||||
9 | Article shall be reimbursed at a rate which shall include
a | ||||||
10 | professional dispensing fee as determined by the Illinois
| ||||||
11 | Department, plus the current acquisition cost of the | ||||||
12 | prescription
drug dispensed. The Illinois Department shall | ||||||
13 | update its
information on the acquisition costs of all | ||||||
14 | prescription drugs
no less frequently than every 30 days. | ||||||
15 | However, the Illinois
Department may set the rate of | ||||||
16 | reimbursement for the acquisition
cost, by rule, at a | ||||||
17 | percentage of the current average wholesale
acquisition cost.
| ||||||
18 | (c) (Blank).
| ||||||
19 | (d) The Department shall review utilization of narcotic | ||||||
20 | medications in the medical assistance program and impose | ||||||
21 | utilization controls that protect against abuse.
| ||||||
22 | (e) When making determinations as to which drugs shall be | ||||||
23 | on a prior approval list, the Department shall include as part | ||||||
24 | of the analysis for this determination, the degree to which a | ||||||
25 | drug may affect individuals in different ways based on factors | ||||||
26 | including the gender of the person taking the medication. |
| |||||||
| |||||||
1 | (f) The Department shall cooperate with the Department of | ||||||
2 | Public Health and the Department of Human Services Division of | ||||||
3 | Mental Health in identifying psychotropic medications that, | ||||||
4 | when given in a particular form, manner, duration, or | ||||||
5 | frequency (including "as needed") in a dosage, or in | ||||||
6 | conjunction with other psychotropic medications to a nursing | ||||||
7 | home resident or to a resident of a facility licensed under the | ||||||
8 | ID/DD Community Care Act or the MC/DD Act, may constitute a | ||||||
9 | chemical restraint or an "unnecessary drug" as defined by the | ||||||
10 | Nursing Home Care Act or Titles XVIII and XIX of the Social | ||||||
11 | Security Act and the implementing rules and regulations. The | ||||||
12 | Department shall require prior approval for any such | ||||||
13 | medication prescribed for a nursing home resident or to a | ||||||
14 | resident of a facility licensed under the ID/DD Community Care | ||||||
15 | Act or the MC/DD Act, that appears to be a chemical restraint | ||||||
16 | or an unnecessary drug. The Department shall consult with the | ||||||
17 | Department of Human Services Division of Mental Health in | ||||||
18 | developing a protocol and criteria for deciding whether to | ||||||
19 | grant such prior approval. | ||||||
20 | (g) The Department may by rule provide for reimbursement | ||||||
21 | of the dispensing of a 90-day supply of a generic or brand | ||||||
22 | name, non-narcotic maintenance medication in circumstances | ||||||
23 | where it is cost effective. | ||||||
24 | (g-5) On and after July 1, 2012, the Department may | ||||||
25 | require the dispensing of drugs to nursing home residents be | ||||||
26 | in a 7-day supply or other amount less than a 31-day supply. |
| |||||||
| |||||||
1 | The Department shall pay only one dispensing fee per 31-day | ||||||
2 | supply. | ||||||
3 | (h) Effective July 1, 2011, the Department shall | ||||||
4 | discontinue coverage of select over-the-counter drugs, | ||||||
5 | including analgesics and cough and cold and allergy | ||||||
6 | medications. | ||||||
7 | (h-5) On and after July 1, 2012, the Department shall | ||||||
8 | impose utilization controls, including, but not limited to, | ||||||
9 | prior approval on specialty drugs, oncolytic drugs, drugs for | ||||||
10 | the treatment of HIV or AIDS, immunosuppressant drugs, and | ||||||
11 | biological products in order to maximize savings on these | ||||||
12 | drugs. The Department may adjust payment methodologies for | ||||||
13 | non-pharmacy billed drugs in order to incentivize the | ||||||
14 | selection of lower-cost drugs. For drugs for the treatment of | ||||||
15 | AIDS, the Department shall take into consideration the | ||||||
16 | potential for non-adherence by certain populations, and shall | ||||||
17 | develop protocols with organizations or providers primarily | ||||||
18 | serving those with HIV/AIDS, as long as such measures intend | ||||||
19 | to maintain cost neutrality with other utilization management | ||||||
20 | controls such as prior approval.
For hemophilia, the | ||||||
21 | Department shall develop a program of utilization review and | ||||||
22 | control which may include, in the discretion of the | ||||||
23 | Department, prior approvals. The Department may impose special | ||||||
24 | standards on providers that dispense blood factors which shall | ||||||
25 | include, in the discretion of the Department, staff training | ||||||
26 | and education; patient outreach and education; case |
| |||||||
| |||||||
1 | management; in-home patient assessments; assay management; | ||||||
2 | maintenance of stock; emergency dispensing timeframes; data | ||||||
3 | collection and reporting; dispensing of supplies related to | ||||||
4 | blood factor infusions; cold chain management and packaging | ||||||
5 | practices; care coordination; product recalls; and emergency | ||||||
6 | clinical consultation. The Department may require patients to | ||||||
7 | receive a comprehensive examination annually at an appropriate | ||||||
8 | provider in order to be eligible to continue to receive blood | ||||||
9 | factor. | ||||||
10 | (i) On and after July 1, 2012, the Department shall reduce | ||||||
11 | any rate of reimbursement for services or other payments or | ||||||
12 | alter any methodologies authorized by this Code to reduce any | ||||||
13 | rate of reimbursement for services or other payments in | ||||||
14 | accordance with Section 5-5e. | ||||||
15 | (j) On and after July 1, 2012, the Department shall impose | ||||||
16 | limitations on prescription drugs such that the Department | ||||||
17 | shall not provide reimbursement for more than 4 prescriptions, | ||||||
18 | including 3 brand name prescriptions, for distinct drugs in a | ||||||
19 | 30-day period, unless prior approval is received for all | ||||||
20 | prescriptions in excess of the 4-prescription limit. Drugs in | ||||||
21 | the following therapeutic classes shall not be subject to | ||||||
22 | prior approval as a result of the 4-prescription limit: | ||||||
23 | immunosuppressant drugs, oncolytic drugs, anti-retroviral | ||||||
24 | drugs, and, on or after July 1, 2014, antipsychotic drugs. On | ||||||
25 | or after July 1, 2014, the Department may exempt children with | ||||||
26 | complex medical needs enrolled in a care coordination entity |
| |||||||
| |||||||
1 | contracted with the Department to solely coordinate care for | ||||||
2 | such children, if the Department determines that the entity | ||||||
3 | has a comprehensive drug reconciliation program. | ||||||
4 | (k) No medication therapy management program implemented | ||||||
5 | by the Department shall be contrary to the provisions of the | ||||||
6 | Pharmacy Practice Act. | ||||||
7 | (l) Any provider enrolled with the Department that bills | ||||||
8 | the Department for outpatient drugs and is eligible to enroll | ||||||
9 | in the federal Drug Pricing Program under Section 340B of the | ||||||
10 | federal Public Health Service Services Act shall enroll in | ||||||
11 | that program. No entity participating in the federal Drug | ||||||
12 | Pricing Program under Section 340B of the federal Public | ||||||
13 | Health Service Services Act may exclude Medicaid from their | ||||||
14 | participation in that program, although the Department may | ||||||
15 | exclude entities defined in Section 1905(l)(2)(B) of the | ||||||
16 | Social Security Act from this requirement. | ||||||
17 | (Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; | ||||||
18 | 99-180, eff. 7-29-15; revised 9-2-20.)
| ||||||
19 | (305 ILCS 5/5-30.11) | ||||||
20 | Sec. 5-30.11. Treatment of autism spectrum disorder. | ||||||
21 | Treatment of autism spectrum disorder through applied behavior | ||||||
22 | analysis shall be covered under the medical assistance program | ||||||
23 | under this Article for children with a diagnosis of autism | ||||||
24 | spectrum disorder when ordered by a physician licensed to | ||||||
25 | practice medicine in all its branches and rendered by a |
| |||||||
| |||||||
1 | licensed or certified health care professional with expertise | ||||||
2 | in applied behavior analysis. Such coverage may be limited to | ||||||
3 | age ranges based on evidence-based best practices. Appropriate | ||||||
4 | State plan amendments as well as rules regarding provision of | ||||||
5 | services and providers will be submitted by September 1, 2019.
| ||||||
6 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
7 | (305 ILCS 5/5-30.13)
| ||||||
8 | Sec. 5-30.13 5-30.11 . Managed care reports; minority-owned | ||||||
9 | and women-owned businesses. Each Medicaid managed care health | ||||||
10 | plan shall submit a report to the Department by March 1, 2020, | ||||||
11 | and every March 1 thereafter, that includes the following | ||||||
12 | information: | ||||||
13 | (1) The administrative expenses paid to the Medicaid | ||||||
14 | managed care health plan. | ||||||
15 | (2) The amount of money the Medicaid managed care | ||||||
16 | health plan has spent with Business Enterprise Program | ||||||
17 | certified businesses. | ||||||
18 | (3)
The amount of money the Medicaid managed care | ||||||
19 | health plan has spent with minority-owned and women-owned | ||||||
20 | businesses that are certified by other agencies or private | ||||||
21 | organizations. | ||||||
22 | (4)
The amount of money the Medicaid managed care | ||||||
23 | health plan has spent with not-for-profit community-based | ||||||
24 | organizations serving predominantly minority communities, | ||||||
25 | as defined by the Department. |
| |||||||
| |||||||
1 | (5) The proportion of minorities, people with | ||||||
2 | disabilities, and women that make up the staff of the | ||||||
3 | Medicaid managed care health plan. | ||||||
4 | (6)
Recommendations for increasing expenditures with | ||||||
5 | minority-owned and women-owned businesses. | ||||||
6 | (7)
A list of the types of services to which the | ||||||
7 | Medicaid managed care health plan is contemplating adding | ||||||
8 | new vendors. | ||||||
9 | (8)
The certifications the Medicaid managed care | ||||||
10 | health plan accepts for minority-owned and women-owned | ||||||
11 | businesses. | ||||||
12 | (9) The point of contact for potential vendors seeking | ||||||
13 | to do business with the Medicaid managed care health plan. | ||||||
14 | The Department shall publish the reports on its website | ||||||
15 | and shall maintain each report on its website for 5 years. In | ||||||
16 | May of 2020 and every May thereafter, the Department shall | ||||||
17 | hold 2 annual public workshops, one in Chicago and one in | ||||||
18 | Springfield. The workshops shall include each Medicaid managed | ||||||
19 | care health plan and shall be open to vendor communities to | ||||||
20 | discuss the submitted plans and to seek to connect vendors | ||||||
21 | with the Medicaid managed care health plans.
| ||||||
22 | (Source: P.A. 101-209, eff. 8-5-19; revised 10-22-19.)
| ||||||
23 | (305 ILCS 5/5-30.14)
| ||||||
24 | Sec. 5-30.14 5-30.11 . Medicaid managed care organizations; | ||||||
25 | preferred drug lists. |
| |||||||
| |||||||
1 | (a) No later than January 1, 2020, the Illinois Department | ||||||
2 | shall develop a standardized format for all Medicaid managed | ||||||
3 | care organization preferred drug lists in collaboration with | ||||||
4 | Medicaid managed care organizations and other stakeholders, | ||||||
5 | including, but not limited to, organizations that serve | ||||||
6 | individuals impacted by HIV/AIDS or epilepsy, and | ||||||
7 | community-based organizations, providers, and entities with | ||||||
8 | expertise in drug formulary development. | ||||||
9 | (b) Following development of the standardized Preferred | ||||||
10 | Drug List format, the Illinois Department shall allow Medicaid | ||||||
11 | managed care organizations 6 months from the date of | ||||||
12 | completion to comply with the new Preferred Drug List format. | ||||||
13 | Each Medicaid managed care organization must post its | ||||||
14 | preferred drug list on its website without restricting access | ||||||
15 | and must update the preferred drug list posted on its website. | ||||||
16 | Medicaid managed care organizations shall publish updates to | ||||||
17 | their preferred drug lists no less than 30 days prior to the | ||||||
18 | date upon which any update or change takes effect, including, | ||||||
19 | but not limited to, any and all changes to requirements for | ||||||
20 | prior approval requirements, step therapy, or other | ||||||
21 | utilization controls. | ||||||
22 | (c)(1) No later than January 1, 2020, the Illinois | ||||||
23 | Department shall establish and maintain the Illinois Drug and | ||||||
24 | Therapeutics Advisory Board. The Board shall have the | ||||||
25 | authority and responsibility to provide recommendations to the | ||||||
26 | Illinois Department regarding which drug products to list on |
| |||||||
| |||||||
1 | the Illinois Department's preferred drug list. The Illinois | ||||||
2 | Department shall provide administrative support to the Board | ||||||
3 | and the Board shall: | ||||||
4 | (A) convene and meet no less than once per calendar | ||||||
5 | quarter; | ||||||
6 | (B)
provide regular opportunities for public comment; | ||||||
7 | and | ||||||
8 | (C)
comply with the provisions of the Open Meetings | ||||||
9 | Act. | ||||||
10 | All correspondence related to the Board, including | ||||||
11 | correspondence to and from Board members, shall be subject to | ||||||
12 | the Freedom of Information Act. | ||||||
13 | (2) The Board shall consist of the following voting | ||||||
14 | members, all of whom shall be appointed by the Governor and | ||||||
15 | shall serve terms of 3 years without compensation: | ||||||
16 | (A) one pharmacist licensed to practice pharmacy in | ||||||
17 | Illinois who is recommended by a statewide organization | ||||||
18 | representing pharmacists; | ||||||
19 | (B) 4 physicians, recommended by a statewide | ||||||
20 | organization representing physicians, who are licensed to | ||||||
21 | practice medicine in all its branches in Illinois, have | ||||||
22 | knowledge of and adhere to best practice standards, and | ||||||
23 | have experience treating Illinois Medicaid beneficiaries; | ||||||
24 | (C) at least one clinician who specializes in the | ||||||
25 | prevention and treatment of HIV, recommended by an HIV | ||||||
26 | healthcare advocacy organization; |
| |||||||
| |||||||
1 | (D) at least one clinician recommended by a healthcare | ||||||
2 | advocacy organization that serves individuals who are | ||||||
3 | affected by chronic diseases that require significant | ||||||
4 | pharmaceutical treatments; | ||||||
5 | (E) one clinician representing the Illinois | ||||||
6 | Department; and | ||||||
7 | (F) one licensed psychiatrist, recommended by a | ||||||
8 | statewide organization representing psychiatrists, who has | ||||||
9 | experience treating Illinois Medicaid beneficiaries. | ||||||
10 | One non-voting clinician recommended by an association of | ||||||
11 | Medicaid managed care health plans shall serve a term of 3 | ||||||
12 | years on the Board without compensation. | ||||||
13 | Organizations interested in nominating non-voting | ||||||
14 | clinicians to advise the Board may submit requests to | ||||||
15 | participate to the Illinois Department. | ||||||
16 | A licensed physician recommended by the Rare Disease | ||||||
17 | Commission who is a rare disease specialist and possesses | ||||||
18 | scientific knowledge and medical training with respect to rare | ||||||
19 | diseases and is familiar with drug and biological products and | ||||||
20 | treatment shall be notified in advance to attend an Illinois | ||||||
21 | Drug and Therapeutics Advisory Board meeting when a drug or | ||||||
22 | biological product is scheduled to be reviewed in order to | ||||||
23 | advise and make recommendations on drugs or biological | ||||||
24 | products. | ||||||
25 | (d) The Illinois Department shall adopt rules, to be in | ||||||
26 | place no later than January 1, 2020, for the purpose of |
| |||||||
| |||||||
1 | establishing and maintaining the Board.
| ||||||
2 | (Source: P.A. 101-62, eff. 7-12-19; revised 10-22-19.)
| ||||||
3 | (305 ILCS 5/5-36) | ||||||
4 | Sec. 5-36. Pharmacy benefits. | ||||||
5 | (a)(1) The Department may enter into a contract with a | ||||||
6 | third party on a fee-for-service reimbursement model for the | ||||||
7 | purpose of administering pharmacy benefits as provided in this | ||||||
8 | Section for members not enrolled in a Medicaid managed care | ||||||
9 | organization; however, these services shall be approved by the | ||||||
10 | Department. The Department shall ensure coordination of care | ||||||
11 | between the third-party administrator and managed care | ||||||
12 | organizations as a consideration in any contracts established | ||||||
13 | in accordance with this Section. Any managed care techniques, | ||||||
14 | principles, or administration of benefits utilized in | ||||||
15 | accordance with this subsection shall comply with State law. | ||||||
16 | (2) The following shall apply to contracts between | ||||||
17 | entities contracting relating to the Department's third-party | ||||||
18 | administrators and pharmacies: | ||||||
19 | (A) the Department shall approve any contract between | ||||||
20 | a third-party administrator and a pharmacy; | ||||||
21 | (B) the Department's third-party administrator shall | ||||||
22 | not change the terms of a contract between a third-party | ||||||
23 | administrator and a pharmacy without written approval by | ||||||
24 | the Department; and | ||||||
25 | (C) the Department's third-party administrator shall |
| |||||||
| |||||||
1 | not create, modify, implement, or indirectly establish any | ||||||
2 | fee on a pharmacy, pharmacist, or a recipient of medical | ||||||
3 | assistance without written approval by the Department. | ||||||
4 | (b) The provisions of this Section shall not apply to | ||||||
5 | outpatient pharmacy services provided by a health care | ||||||
6 | facility registered as a covered entity pursuant to 42 U.S.C. | ||||||
7 | 256b or any pharmacy owned by or contracted with the covered | ||||||
8 | entity. A Medicaid managed care organization shall, either | ||||||
9 | directly or through a pharmacy benefit manager, administer and | ||||||
10 | reimburse outpatient pharmacy claims submitted by a health | ||||||
11 | care facility registered as a covered entity pursuant to 42 | ||||||
12 | U.S.C. 256b, its owned pharmacies, and contracted pharmacies | ||||||
13 | in accordance with the contractual agreements the Medicaid | ||||||
14 | managed care organization or its pharmacy benefit manager has | ||||||
15 | with such facilities and pharmacies. Any pharmacy benefit | ||||||
16 | manager that contracts with a Medicaid managed care | ||||||
17 | organization to administer and reimburse pharmacy claims as | ||||||
18 | provided in this Section must be registered with the Director | ||||||
19 | of Insurance in accordance with Section 513b2 of the Illinois | ||||||
20 | Insurance Code. | ||||||
21 | (c) On at least an annual basis, the Director of the | ||||||
22 | Department of Healthcare and Family Services shall submit a | ||||||
23 | report beginning no later than one year after January 1, 2020 | ||||||
24 | ( the effective date of Public Act 101-452) this amendatory Act | ||||||
25 | of the 101st General Assembly that provides an update on any | ||||||
26 | contract, contract issues, formulary, dispensing fees, and |
| |||||||
| |||||||
1 | maximum allowable cost concerns regarding a third-party | ||||||
2 | administrator and managed care. The requirement for reporting | ||||||
3 | to the General Assembly shall be satisfied by filing copies of | ||||||
4 | the report with the Speaker, the Minority Leader, and the | ||||||
5 | Clerk of the House of Representatives and with the President, | ||||||
6 | the Minority Leader, and the Secretary of the Senate. The | ||||||
7 | Department shall take care that no proprietary information is | ||||||
8 | included in the report required under this Section. | ||||||
9 | (d) A pharmacy benefit manager shall notify the Department | ||||||
10 | in writing of any activity, policy, or practice of the | ||||||
11 | pharmacy benefit manager that directly or indirectly presents | ||||||
12 | a conflict of interest that interferes with the discharge of | ||||||
13 | the pharmacy benefit manager's duty to a managed care | ||||||
14 | organization to exercise its contractual duties. "Conflict of | ||||||
15 | interest" shall be defined by rule by the Department. | ||||||
16 | (e) A pharmacy benefit manager shall, upon request, | ||||||
17 | disclose to the Department the following information: | ||||||
18 | (1) whether the pharmacy benefit manager has a | ||||||
19 | contract, agreement, or other arrangement with a | ||||||
20 | pharmaceutical manufacturer to exclusively dispense or | ||||||
21 | provide a drug to a managed care organization's enrollees, | ||||||
22 | and the aggregate amounts of consideration of economic | ||||||
23 | benefits collected or received pursuant to that | ||||||
24 | arrangement; | ||||||
25 | (2) the percentage of claims payments made by the | ||||||
26 | pharmacy benefit manager to pharmacies owned, managed, or |
| |||||||
| |||||||
1 | controlled by the pharmacy benefit manager or any of the | ||||||
2 | pharmacy benefit manager's management companies, parent | ||||||
3 | companies, subsidiary companies, or jointly held | ||||||
4 | companies; | ||||||
5 | (3) the aggregate amount of the fees or assessments | ||||||
6 | imposed on, or collected from, pharmacy providers; and | ||||||
7 | (4) the average annualized percentage of revenue | ||||||
8 | collected by the pharmacy benefit manager as a result of | ||||||
9 | each contract it has executed with a managed care | ||||||
10 | organization contracted by the Department to provide | ||||||
11 | medical assistance benefits which is not paid by the | ||||||
12 | pharmacy benefit manager to pharmacy providers and | ||||||
13 | pharmaceutical manufacturers or labelers or in order to | ||||||
14 | perform administrative functions pursuant to its contracts | ||||||
15 | with managed care organizations. | ||||||
16 | (f) The information disclosed under subsection (e) shall | ||||||
17 | include all retail, mail order, specialty, and compounded | ||||||
18 | prescription products. All information made
available to the | ||||||
19 | Department under subsection (e) is confidential and not | ||||||
20 | subject to disclosure under the Freedom of Information Act. | ||||||
21 | All information made available to the Department under | ||||||
22 | subsection (e) shall not be reported or distributed in any way | ||||||
23 | that compromises its competitive, proprietary, or financial | ||||||
24 | value. The information shall only be used by the Department to | ||||||
25 | assess the contract, agreement, or other arrangements made | ||||||
26 | between a pharmacy benefit manager and a pharmacy provider, |
| |||||||
| |||||||
1 | pharmaceutical manufacturer or labeler, managed care | ||||||
2 | organization, or other entity, as applicable. | ||||||
3 | (g) A pharmacy benefit manager shall disclose directly in | ||||||
4 | writing to a pharmacy provider or pharmacy services | ||||||
5 | administrative organization contracting with the pharmacy | ||||||
6 | benefit manager of any material change to a contract provision | ||||||
7 | that affects the terms of the reimbursement, the process for | ||||||
8 | verifying benefits and eligibility, dispute resolution, | ||||||
9 | procedures for verifying drugs included on the formulary, and | ||||||
10 | contract termination at least 30 days prior to the date of the | ||||||
11 | change to the provision. The terms of this subsection shall be | ||||||
12 | deemed met if the pharmacy benefit manager posts the | ||||||
13 | information on a website, viewable by the public. A pharmacy | ||||||
14 | service administration organization shall notify all contract | ||||||
15 | pharmacies of any material change, as described in this | ||||||
16 | subsection, within 2 days of notification. As used in this | ||||||
17 | Section, "pharmacy services administrative organization" means | ||||||
18 | an entity operating within the State that contracts with | ||||||
19 | independent pharmacies to conduct business on their behalf | ||||||
20 | with third-party payers. A pharmacy services administrative | ||||||
21 | organization may provide administrative services to pharmacies | ||||||
22 | and negotiate and enter into contracts with third-party payers | ||||||
23 | or pharmacy benefit managers on behalf of pharmacies. | ||||||
24 | (h) A pharmacy benefit manager shall not include the | ||||||
25 | following in a contract with a pharmacy provider: | ||||||
26 | (1) a provision prohibiting the provider from |
| |||||||
| |||||||
1 | informing a patient of a less costly alternative to a | ||||||
2 | prescribed medication; or | ||||||
3 | (2) a provision that prohibits the provider from | ||||||
4 | dispensing a particular amount of a prescribed medication, | ||||||
5 | if the pharmacy benefit manager allows that amount to be | ||||||
6 | dispensed through a pharmacy owned or controlled by the | ||||||
7 | pharmacy benefit manager, unless the prescription drug is | ||||||
8 | subject to restricted distribution by the United States | ||||||
9 | Food and Drug Administration or requires special handling, | ||||||
10 | provider coordination, or patient education that cannot be | ||||||
11 | provided by a retail pharmacy. | ||||||
12 | (i) Nothing in this Section shall be construed to prohibit | ||||||
13 | a pharmacy benefit manager from requiring the same | ||||||
14 | reimbursement and terms and conditions for a pharmacy provider | ||||||
15 | as for a pharmacy owned, controlled, or otherwise associated | ||||||
16 | with the pharmacy benefit manager. | ||||||
17 | (j) A pharmacy benefit manager shall establish and | ||||||
18 | implement a process for the resolution of disputes arising out | ||||||
19 | of this Section, which shall be approved by the Department. | ||||||
20 | (k) The Department shall adopt rules establishing | ||||||
21 | reasonable dispensing fees for fee-for-service payments in | ||||||
22 | accordance with guidance or guidelines from the federal | ||||||
23 | Centers for Medicare and Medicaid Services.
| ||||||
24 | (Source: P.A. 101-452, eff. 1-1-20; revised 10-22-19.)
| ||||||
25 | (305 ILCS 5/5-36.5)
|
| |||||||
| |||||||
1 | Sec. 5-36.5 5-36 . Education on mental health and substance | ||||||
2 | use treatment services for children and young adults. The | ||||||
3 | Department of Healthcare and Family Services shall develop a | ||||||
4 | layman's guide to the mental health and substance use | ||||||
5 | treatment services available in Illinois through the Medical | ||||||
6 | Assistance Program and through the Family Support Program, or | ||||||
7 | other publicly funded programs, similar to what Massachusetts | ||||||
8 | developed, to help families understand what services are | ||||||
9 | available to them when they have a child in need of treatment | ||||||
10 | or support. The guide shall be in easy-to-understand language, | ||||||
11 | be prominently available on the Department of Healthcare and | ||||||
12 | Family Services' website, and be part of a statewide | ||||||
13 | communications campaign to ensure families are aware of Family | ||||||
14 | Support Program services. It shall briefly explain the service | ||||||
15 | and whether it is covered by the Medical Assistance Program, | ||||||
16 | the Family Support Program, or any other public funding | ||||||
17 | source. Within one year after January 1, 2020 ( the effective | ||||||
18 | date of Public Act 101-461) this amendatory Act of the 101st | ||||||
19 | General Assembly , the Department of Healthcare and Family | ||||||
20 | Services shall complete this guide, have it available on its | ||||||
21 | website, and launch the communications campaign.
| ||||||
22 | (Source: P.A. 101-461, eff. 1-1-20; revised 10-22-19.)
| ||||||
23 | (305 ILCS 5/5H-1) | ||||||
24 | Sec. 5H-1. Definitions. As used in this Article: | ||||||
25 | "Base year" means the 12-month period from January 1, 2018 |
| |||||||
| |||||||
1 | to December 31, 2018. | ||||||
2 | "Department" means the Department of Healthcare and Family | ||||||
3 | Services. | ||||||
4 | "Federal employee health benefit" means the program of | ||||||
5 | health benefits plans, as defined in 5 U.S.C. 8901, available | ||||||
6 | to federal employees under 5 U.S.C. 8901 to 8914. | ||||||
7 | "Fund" means the Healthcare Provider Relief Fund. | ||||||
8 | "Managed care organization" means an entity operating | ||||||
9 | under a certificate of authority issued pursuant to the Health | ||||||
10 | Maintenance Organization Act or as a Managed Care Community | ||||||
11 | Network pursuant to Section 5-11 of this the Public Aid Code. | ||||||
12 | "Medicaid managed care organization" means a managed care | ||||||
13 | organization under contract with the Department to provide | ||||||
14 | services to recipients of benefits in the medical assistance | ||||||
15 | program pursuant to Article V of this the Public Aid Code, the | ||||||
16 | Children's Health Insurance Program Act, or the Covering ALL | ||||||
17 | KIDS Health Insurance Act. It does not include contracts the | ||||||
18 | same entity or an affiliated entity has for other business. | ||||||
19 | "Medicare" means the federal Medicare program established | ||||||
20 | under Title XVIII of the federal Social Security Act. | ||||||
21 | "Member months" means the aggregate total number of months | ||||||
22 | all individuals are enrolled for coverage in a Managed Care | ||||||
23 | Organization during the base year. Member months are | ||||||
24 | determined by the Department for Medicaid Managed Care | ||||||
25 | Organizations based on enrollment data in its Medicaid | ||||||
26 | Management Information System and by the Department of |
| |||||||
| |||||||
1 | Insurance for other Managed Care Organizations based on | ||||||
2 | required filings with the Department of Insurance. Member | ||||||
3 | months do not include months individuals are enrolled in a | ||||||
4 | Limited Health Services Organization, including stand-alone | ||||||
5 | dental or vision plans, a Medicare Advantage Plan, a Medicare | ||||||
6 | Supplement Plan, a Medicaid Medicare Alignment Initiate Plan | ||||||
7 | pursuant to a Memorandum of Understanding between the | ||||||
8 | Department and the Federal Centers for Medicare and Medicaid | ||||||
9 | Services or a Federal Employee Health Benefits Plan.
| ||||||
10 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
11 | (305 ILCS 5/5H-5) | ||||||
12 | Sec. 5H-5. Liability or resultant entities. In the event | ||||||
13 | of a merger, acquisition, or any similar transaction involving | ||||||
14 | entities subject to the assessment under this Article, the | ||||||
15 | resultant entity shall be responsible for the full amount of | ||||||
16 | the assessment for all entities involved in the transaction | ||||||
17 | with the member months allotted to tiers as they were prior to | ||||||
18 | the transaction and no member months shall change tiers as a | ||||||
19 | result of any transaction. A managed care organization that | ||||||
20 | ceases doing business in the State during any fiscal year | ||||||
21 | shall be liable only for the monthly installments due in | ||||||
22 | months that it they operated in the State. The Department | ||||||
23 | shall by rule establish a methodology to set the assessment | ||||||
24 | base member months for a managed care organization that begins | ||||||
25 | operating in the State at any time after 2018. Nothing in this |
| |||||||
| |||||||
1 | Section shall be construed to limit authority granted in | ||||||
2 | subsection (c) of Section 5H-3.
| ||||||
3 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
4 | (305 ILCS 5/5H-6) | ||||||
5 | Sec. 5H-6. Recordkeeping; penalties. | ||||||
6 | (a) A managed care organization that is liable for the | ||||||
7 | assessment under this Article shall keep accurate and complete | ||||||
8 | records and pertinent documents as may be required by the | ||||||
9 | Department. Records required by the Department shall be | ||||||
10 | retained for a period of 4 years after the assessment imposed | ||||||
11 | under this Act to which the records apply is due or as | ||||||
12 | otherwise provided by law. The Department or the Department of | ||||||
13 | Insurance may audit all records necessary to ensure compliance | ||||||
14 | with this Article and make adjustments to assessment amounts | ||||||
15 | previously calculated based on the results of any such audit. | ||||||
16 | (b) If a managed care organization fails to make a payment | ||||||
17 | due under this Article in a timely fashion, it they shall pay | ||||||
18 | an additional penalty of 5% of the amount of the installment | ||||||
19 | not paid on or before the due date, or any grace period | ||||||
20 | granted, plus 5% of the portion thereof remaining unpaid on | ||||||
21 | the last day of each 30-day period thereafter. The Department | ||||||
22 | is authorized to grant grace periods of up to 30 days upon | ||||||
23 | request of a managed care organization for good cause due to | ||||||
24 | financial or other difficulties, as determined by the | ||||||
25 | Department. If a managed care organization fails to make a |
| |||||||
| |||||||
1 | payment within 60 days after the due date the Department shall | ||||||
2 | additionally impose a contractual sanction allowed against a | ||||||
3 | Medicaid managed care organization and may terminate any such | ||||||
4 | contract. The Department of Insurance shall take action | ||||||
5 | against the certificate of authority of a non-Medicaid managed | ||||||
6 | care organization that fails to pay an installment within 60 | ||||||
7 | days after the due date.
| ||||||
8 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| ||||||
9 | (305 ILCS 5/11-5.4) | ||||||
10 | Sec. 11-5.4. Expedited long-term care eligibility | ||||||
11 | determination and enrollment. | ||||||
12 | (a) Establishment of the expedited long-term care | ||||||
13 | eligibility determination and enrollment system shall be a | ||||||
14 | joint venture of the Departments of Human Services and | ||||||
15 | Healthcare and Family Services and the Department on Aging. | ||||||
16 | (b) Streamlined application enrollment process; expedited | ||||||
17 | eligibility process. The streamlined application and | ||||||
18 | enrollment process must include, but need not be limited to, | ||||||
19 | the following: | ||||||
20 | (1) On or before July 1, 2019, a streamlined | ||||||
21 | application and enrollment process shall be put in place | ||||||
22 | which must include, but need not be limited to, the | ||||||
23 | following: | ||||||
24 | (A) Minimize the burden on applicants by | ||||||
25 | collecting only the data necessary to determine |
| |||||||
| |||||||
1 | eligibility for medical services, long-term care | ||||||
2 | services, and spousal impoverishment offset. | ||||||
3 | (B) Integrate online data sources to simplify the | ||||||
4 | application process by reducing the amount of | ||||||
5 | information needed to be entered and to expedite | ||||||
6 | eligibility verification. | ||||||
7 | (C) Provide online prompts to alert the applicant | ||||||
8 | that information is missing or not complete. | ||||||
9 | (D) Provide training and step-by-step written | ||||||
10 | instructions for caseworkers, applicants, and | ||||||
11 | providers. | ||||||
12 | (2) The State must expedite the eligibility process | ||||||
13 | for applicants meeting specified guidelines, regardless of | ||||||
14 | the age of the application. The guidelines, subject to | ||||||
15 | federal approval, must include, but need not be limited | ||||||
16 | to, the following individually or collectively: | ||||||
17 | (A) Full Medicaid benefits in the community for a | ||||||
18 | specified period of time. | ||||||
19 | (B) No transfer of assets or resources during the | ||||||
20 | federally prescribed look-back period, as specified in | ||||||
21 | federal law. | ||||||
22 | (C) Receives
Supplemental Security Income payments | ||||||
23 | or was receiving such payments at the time of | ||||||
24 | admission to a nursing facility. | ||||||
25 | (D) For applicants or recipients with verified | ||||||
26 | income at or below 100% of the federal poverty level |
| |||||||
| |||||||
1 | when the declared value of their countable resources | ||||||
2 | is no greater than the allowable amounts pursuant to | ||||||
3 | Section 5-2 of this Code for classes of eligible | ||||||
4 | persons for whom a resource limit applies. Such | ||||||
5 | simplified verification policies shall apply to | ||||||
6 | community cases as well as long-term care cases. | ||||||
7 | (3) Subject to federal approval, the Department of | ||||||
8 | Healthcare and Family Services must implement an ex parte | ||||||
9 | renewal process for Medicaid-eligible individuals residing | ||||||
10 | in long-term care facilities. "Renewal" has the same | ||||||
11 | meaning as "redetermination" in State policies, | ||||||
12 | administrative rule, and federal Medicaid law. The ex | ||||||
13 | parte renewal process must be fully operational on or | ||||||
14 | before January 1, 2019. If an individual has transferred | ||||||
15 | to another long-term care facility, any annual notice | ||||||
16 | concerning redetermination of eligibility must be sent to | ||||||
17 | the long-term care facility where the individual resides | ||||||
18 | as well as to the individual. | ||||||
19 | (4) The Department of Human Services must use the | ||||||
20 | standards and distribution requirements described in this | ||||||
21 | subsection and in Section 11-6 for notification of missing | ||||||
22 | supporting documents and information during all phases of | ||||||
23 | the application process: initial, renewal, and appeal. | ||||||
24 | (c) The Department of Human Services must adopt policies | ||||||
25 | and procedures to improve communication between long-term care | ||||||
26 | benefits central office personnel, applicants and their |
| |||||||
| |||||||
1 | representatives, and facilities in which the applicants | ||||||
2 | reside. Such policies and procedures must at a minimum permit | ||||||
3 | applicants and their representatives and the facility in which | ||||||
4 | the applicants reside to speak directly to an individual | ||||||
5 | trained to take telephone inquiries and provide appropriate | ||||||
6 | responses.
| ||||||
7 | (d) Effective 30 days after the completion of 3 regionally | ||||||
8 | based trainings, nursing facilities shall submit all | ||||||
9 | applications for medical assistance online via the Application | ||||||
10 | for Benefits Eligibility (ABE) website. This requirement shall | ||||||
11 | extend to scanning and uploading with the online application | ||||||
12 | any required additional forms such as the Long Term Care | ||||||
13 | Facility Notification and the Additional Financial Information | ||||||
14 | for Long Term Care Applicants as well as scanned copies of any | ||||||
15 | supporting documentation. Long-term care facility admission | ||||||
16 | documents must be submitted as required in Section 5-5 of this | ||||||
17 | Code. No local Department of Human Services office shall | ||||||
18 | refuse to accept an electronically filed application. No | ||||||
19 | Department of Human Services office shall request submission | ||||||
20 | of any document in hard copy. | ||||||
21 | (e) Notwithstanding any other provision of this Code, the | ||||||
22 | Department of Human Services and the Department of Healthcare | ||||||
23 | and Family Services' Office of the Inspector General shall, | ||||||
24 | upon request, allow an applicant additional time to submit | ||||||
25 | information and documents needed as part of a review of | ||||||
26 | available resources or resources transferred during the |
| |||||||
| |||||||
1 | look-back period. The initial extension shall not exceed 30 | ||||||
2 | days. A second extension of 30 days may be granted upon | ||||||
3 | request. Any request for information issued by the State to an | ||||||
4 | applicant shall include the following: an explanation of the | ||||||
5 | information required and the date by which the information | ||||||
6 | must be submitted; a statement that failure to respond in a | ||||||
7 | timely manner can result in denial of the application; a | ||||||
8 | statement that the applicant or the facility in the name of the | ||||||
9 | applicant may seek an extension; and the name and contact | ||||||
10 | information of a caseworker in case of questions. Any such | ||||||
11 | request for information shall also be sent to the facility. In | ||||||
12 | deciding whether to grant an extension, the Department of | ||||||
13 | Human Services or the Department of Healthcare and Family | ||||||
14 | Services' Office of the Inspector General shall take into | ||||||
15 | account what is in the best interest of the applicant. The time | ||||||
16 | limits for processing an application shall be tolled during | ||||||
17 | the period of any extension granted under this subsection. | ||||||
18 | (f) The Department of Human Services and the Department of | ||||||
19 | Healthcare and Family Services must jointly compile data on | ||||||
20 | pending applications, denials, appeals, and redeterminations | ||||||
21 | into a monthly report, which shall be posted on each | ||||||
22 | Department's website for the purposes of monitoring long-term | ||||||
23 | care eligibility processing. The report must specify the | ||||||
24 | number of applications and redeterminations pending long-term | ||||||
25 | care eligibility determination and admission and the number of | ||||||
26 | appeals of denials in the following categories: |
| |||||||
| |||||||
1 | (A) Length of time applications, redeterminations, and | ||||||
2 | appeals are pending - 0 to 45 days, 46 days to 90 days, 91 | ||||||
3 | days to 180 days, 181 days to 12 months, over 12 months to | ||||||
4 | 18 months, over 18 months to 24 months, and over 24 months. | ||||||
5 | (B) Percentage of applications and redeterminations | ||||||
6 | pending in the Department of Human Services' Family | ||||||
7 | Community Resource Centers, in the Department of Human | ||||||
8 | Services' long-term care hubs, with the Department of | ||||||
9 | Healthcare and Family Services' Office of Inspector | ||||||
10 | General, and those applications which are being tolled due | ||||||
11 | to requests for extension of time for additional | ||||||
12 | information. | ||||||
13 | (C) Status of pending applications, denials, appeals, | ||||||
14 | and redeterminations. | ||||||
15 | (g) Beginning on July 1, 2017, the Auditor General shall | ||||||
16 | report every 3 years to the General Assembly on the | ||||||
17 | performance and compliance of the Department of Healthcare and | ||||||
18 | Family Services, the Department of Human Services, and the | ||||||
19 | Department on Aging in meeting the requirements of this | ||||||
20 | Section and the federal requirements concerning eligibility | ||||||
21 | determinations for Medicaid long-term care services and | ||||||
22 | supports, and shall report any issues or deficiencies and make | ||||||
23 | recommendations. The Auditor General shall, at a minimum, | ||||||
24 | review, consider, and evaluate the following: | ||||||
25 | (1) compliance with federal regulations on furnishing | ||||||
26 | services as related to Medicaid long-term care services |
| |||||||
| |||||||
1 | and supports as provided under 42 CFR 435.930; | ||||||
2 | (2) compliance with federal regulations on the timely | ||||||
3 | determination of eligibility as provided under 42 CFR | ||||||
4 | 435.912; | ||||||
5 | (3) the accuracy and completeness of the report | ||||||
6 | required under paragraph (9) of subsection (e); | ||||||
7 | (4) the efficacy and efficiency of the task-based | ||||||
8 | process used for making eligibility determinations in the | ||||||
9 | centralized offices of the Department of Human Services | ||||||
10 | for long-term care services, including the role of the | ||||||
11 | State's integrated eligibility system, as opposed to the | ||||||
12 | traditional caseworker-specific process from which these | ||||||
13 | central offices have converted; and | ||||||
14 | (5) any issues affecting eligibility determinations | ||||||
15 | related to the Department of Human Services' staff | ||||||
16 | completing Medicaid eligibility determinations instead of | ||||||
17 | the designated single-state Medicaid agency in Illinois, | ||||||
18 | the Department of Healthcare and Family Services. | ||||||
19 | The Auditor General's report shall include any and all | ||||||
20 | other areas or issues which are identified through an annual | ||||||
21 | review. Paragraphs (1) through (5) of this subsection shall | ||||||
22 | not be construed to limit the scope of the annual review and | ||||||
23 | the Auditor General's authority to thoroughly and completely | ||||||
24 | evaluate any and all processes, policies, and procedures | ||||||
25 | concerning compliance with federal and State law requirements | ||||||
26 | on eligibility determinations for Medicaid long-term care |
| |||||||
| |||||||
1 | services and supports. | ||||||
2 | (h) The Department of Healthcare and Family Services shall | ||||||
3 | adopt any rules necessary to administer and enforce any | ||||||
4 | provision of this Section. Rulemaking shall not delay the full | ||||||
5 | implementation of this Section. | ||||||
6 | (i) Beginning on June 29, 2018, provisional eligibility | ||||||
7 | for medical assistance under Article V of this Code, in
the | ||||||
8 | form of a recipient identification number and any other | ||||||
9 | necessary credentials to permit an applicant to receive | ||||||
10 | covered services under Article V, must be issued to any | ||||||
11 | applicant who has not received a determination on his or her | ||||||
12 | application for Medicaid and Medicaid long-term care services | ||||||
13 | filed simultaneously or, if already Medicaid enrolled, | ||||||
14 | application for Medicaid long-term care services under Article | ||||||
15 | V of this Code within the federally prescribed timeliness | ||||||
16 | requirements for determinations on such applications. The | ||||||
17 | Department of Healthcare and Family Services must maintain the | ||||||
18 | applicant's provisional eligibility status until a | ||||||
19 | determination is made on the individual's application for | ||||||
20 | long-term care services. The Department of Healthcare and | ||||||
21 | Family Services or the managed care organization, if | ||||||
22 | applicable, must reimburse providers for services rendered | ||||||
23 | during an applicant's provisional eligibility period. | ||||||
24 | (1) Claims for services rendered to an applicant with | ||||||
25 | provisional eligibility status must be submitted and | ||||||
26 | processed in the same manner as those submitted on behalf |
| |||||||
| |||||||
1 | of beneficiaries determined to qualify for benefits. | ||||||
2 | (2) An applicant with provisional eligibility status | ||||||
3 | must have his or her long-term care benefits paid for | ||||||
4 | under the State's fee-for-service system during the period | ||||||
5 | of provisional eligibility. If an individual otherwise | ||||||
6 | eligible for medical assistance under Article V of this | ||||||
7 | Code is enrolled with a managed care organization for | ||||||
8 | community benefits at the time the individual's | ||||||
9 | provisional eligibility for long-term care services is | ||||||
10 | issued, the managed care organization is only responsible | ||||||
11 | for paying benefits covered under the capitation payment | ||||||
12 | received by the managed care organization for the | ||||||
13 | individual. | ||||||
14 | (3) The Department of Healthcare and Family Services, | ||||||
15 | within 10 business days of issuing provisional eligibility | ||||||
16 | to an applicant, must submit to the Office of the | ||||||
17 | Comptroller for payment a voucher for all retroactive | ||||||
18 | reimbursement due. The Department of Healthcare and Family | ||||||
19 | Services must clearly identify such vouchers as | ||||||
20 | provisional eligibility vouchers. | ||||||
21 | (Source: P.A. 100-380, eff. 8-25-17; 100-665, eff. 8-2-18; | ||||||
22 | 100-1141, eff. 11-28-18; 101-101, eff. 1-1-20; 101-209, eff. | ||||||
23 | 8-5-19; 101-265, eff. 8-9-19; 101-559, eff. 8-23-19; revised | ||||||
24 | 9-19-19.)
| ||||||
25 | (305 ILCS 5/12-4.13c) |
| |||||||
| |||||||
1 | Sec. 12-4.13c. SNAP Restaurant Meals Program. | ||||||
2 | (a) Subject to federal approval of the plan for operating | ||||||
3 | the Program, the Department of Human Services shall establish | ||||||
4 | a Restaurant Meals Program as part of the federal Supplemental | ||||||
5 | Nutrition Assistance Program (SNAP). Under the Restaurant | ||||||
6 | Meals Program, households containing elderly or disabled | ||||||
7 | members, and their spouses, as defined in 7 U.S.C. 2012(j), or | ||||||
8 | homeless individuals, as defined in 7 U.S.C. 2012(l), shall | ||||||
9 | have the option in accordance with 7 U.S.C. 2012(k) to redeem | ||||||
10 | their SNAP benefits at private establishments that contract | ||||||
11 | with the Department to offer meals for eligible individuals at | ||||||
12 | concessional prices subject to 7 U.S.C. 2018(h). The | ||||||
13 | Restaurant Meals Program shall be operational no later than | ||||||
14 | July 1, 2021. | ||||||
15 | (b) The Department of Human Services shall adopt any rules | ||||||
16 | necessary to implement the provisions of this Section.
| ||||||
17 | (Source: P.A. 101-10, eff. 6-5-19; 101-110, eff. 7-19-19.)
| ||||||
18 | (305 ILCS 5/12-4.13d)
| ||||||
19 | Sec. 12-4.13d 12-4.13c . SNAP eligibility notification; | ||||||
20 | college students. | ||||||
21 | (a) To complement student financial assistance programs | ||||||
22 | and to enhance their effectiveness for students with financial | ||||||
23 | need, the Illinois Student Assistance Commission (ISAC) shall | ||||||
24 | annually include information about the Supplemental Nutrition | ||||||
25 | Assistance Program (SNAP) in the language that schools are |
| |||||||
| |||||||
1 | required to provide to students eligible for the Monetary | ||||||
2 | Award Program grant. The language shall, at a minimum, direct | ||||||
3 | students to information about college student eligibility | ||||||
4 | criteria for SNAP, and it shall direct students to the | ||||||
5 | Department of Human Services and to the Illinois Hunger | ||||||
6 | Coalition's Hunger Hotline for additional information. | ||||||
7 | (b) Illinois institutions of higher education that | ||||||
8 | participate in the Monetary Award Program (MAP) shall provide | ||||||
9 | the notice described in subsection (a) to all students who are | ||||||
10 | enrolled, or who are accepted for enrollment and intending to | ||||||
11 | enroll, and who have been identified by ISAC as MAP-eligible | ||||||
12 | at the institution. If possible, the institution may designate | ||||||
13 | a public benefits liaison or single point person to assist | ||||||
14 | students in taking the necessary steps to obtain public | ||||||
15 | benefits if eligible. | ||||||
16 | (c) ISAC shall adopt any rules necessary to implement the | ||||||
17 | provisions of this Section on or before October 1, 2020.
| ||||||
18 | (Source: P.A. 101-560, eff. 8-23-19; revised 10-22-19.)
| ||||||
19 | Section 610. The Intergenerational Poverty Act is amended | ||||||
20 | by changing Sections 95-102, 95-301, 95-304, and 95-502 as | ||||||
21 | follows:
| ||||||
22 | (305 ILCS 70/95-102)
| ||||||
23 | Sec. 95-102. Definitions. As used in this Act: | ||||||
24 | "Antipoverty program" means a program with the primary |
| |||||||
| |||||||
1 | goal of lifting individuals out of poverty and improving | ||||||
2 | economic opportunities for individuals that operates, in whole | ||||||
3 | or in part, utilizing federal or State money. | ||||||
4 | "Asset poverty" means the inability of an individual to | ||||||
5 | access wealth resources sufficient to provide for basic needs | ||||||
6 | for a period of 3 months. | ||||||
7 | "Child" means an individual who is under 18 years of age. | ||||||
8 | "Commission" means the Commission on Poverty Elimination | ||||||
9 | and Economic Security established under subsection (a) of | ||||||
10 | Section 95-501 501 . | ||||||
11 | "State poverty measure" means a uniform method for | ||||||
12 | measuring poverty in this State that considers indicators and | ||||||
13 | measures, other than traditional income-based measures of | ||||||
14 | poverty, that provide a detailed picture of low-income and | ||||||
15 | poverty populations and meaningfully account for other factors | ||||||
16 | contributing to poverty and may include: | ||||||
17 | (1) access to health care, housing, proper nutrition, | ||||||
18 | and quality education; | ||||||
19 | (2) the number of individuals kept out of poverty by | ||||||
20 | government supports; | ||||||
21 | (3) the number of individuals who are impoverished due | ||||||
22 | to medical expenses, child care child-care expenses, or | ||||||
23 | work expenses; | ||||||
24 | (4) the rates of food insecurity; | ||||||
25 | (5) the number of individuals in asset poverty; | ||||||
26 | (6) the number of disconnected youth; |
| |||||||
| |||||||
1 | (7) the teen birth rate; | ||||||
2 | (8) the participation rate in federal and State | ||||||
3 | antipoverty programs for all eligible populations; | ||||||
4 | (9) the number of individuals who do not use a bank or | ||||||
5 | similar financial institution; | ||||||
6 | (10) regional differences in costs of living; | ||||||
7 | (11) income necessary to achieve economic security and | ||||||
8 | a livable standard of living in different regions of this | ||||||
9 | State; | ||||||
10 | (12) the impact of rising income inequality; | ||||||
11 | (13) the impact of the digital divide; and | ||||||
12 | (14) the impact of trauma on intergenerational | ||||||
13 | poverty. | ||||||
14 | "Cycle of poverty" means the set of factors or events by | ||||||
15 | which the long-term poverty of an individual is likely to | ||||||
16 | continue and be experienced by each child of the individual | ||||||
17 | when the child becomes an adult unless there is outside | ||||||
18 | intervention. | ||||||
19 | "Deep poverty" means an economic condition where an | ||||||
20 | individual or family has a total annual income that is less | ||||||
21 | than 50% of the federal poverty level for the individual or | ||||||
22 | family as provided in the annual report of the United States | ||||||
23 | Census Bureau on Income, Poverty and Health Insurance Coverage | ||||||
24 | in the United States. | ||||||
25 | "Department" means the Department of Human Services. | ||||||
26 | "Deprivation" means a lack of adequate nutrition, health |
| |||||||
| |||||||
1 | care, housing, or other resources to provide for basic needs. | ||||||
2 | "Digital divide" means the gap between individuals, | ||||||
3 | households, businesses, and geographic areas at different | ||||||
4 | socioeconomic levels related to access to information and | ||||||
5 | communication technologies, including the imbalance in | ||||||
6 | physical access to technology and the resources, education, | ||||||
7 | and skills needed to effectively use computer technology and | ||||||
8 | the Internet for a wide variety of activities. | ||||||
9 | "Disconnected youth" means individuals who are 16 years of | ||||||
10 | age to 25 years of age who are unemployed and not enrolled in | ||||||
11 | school. | ||||||
12 | "Disparate impact" means the historic and ongoing impacts | ||||||
13 | of the pattern and practice of discrimination in employment, | ||||||
14 | education, housing, banking, and other aspects of life in the | ||||||
15 | economy, society, or culture that have an adverse impact on | ||||||
16 | minorities, women, or other protected groups, regardless of | ||||||
17 | whether those practices are motivated by discriminatory | ||||||
18 | intent. | ||||||
19 | "Economic insecurity" means the inability to cope with | ||||||
20 | routine adverse or costly life events and recover from the | ||||||
21 | costly consequences of those events and the lack of economic | ||||||
22 | means to maintain an adequate standard of living. | ||||||
23 | "Economic security" means having access to the economic | ||||||
24 | means and support necessary to effectively cope with adverse | ||||||
25 | or costly life events and recover from the consequences of | ||||||
26 | such events while maintaining an adequate standard of living. |
| |||||||
| |||||||
1 | "Intergenerational poverty" means poverty in which 2 or | ||||||
2 | more successive generations of a family continue in the cycle | ||||||
3 | of poverty and government dependence. The term does not | ||||||
4 | include situational poverty. | ||||||
5 | "Outcome" means a change in the economic status, economic | ||||||
6 | instability, or economic security of an individual, household, | ||||||
7 | or other population that is attributable to a planned | ||||||
8 | intervention, benefit, service, or series of interventions, | ||||||
9 | benefits, and services, regardless of whether the | ||||||
10 | intervention, benefit, or service was intended to change the | ||||||
11 | economic status, economic stability, or economic security. | ||||||
12 | "Poverty" means an economic condition in which an | ||||||
13 | individual or family has a total annual income that is less | ||||||
14 | than the federal poverty level for the individual or family, | ||||||
15 | as provided in the report of the United States Census Bureau on | ||||||
16 | Income, Poverty and Health Insurance Coverage in the United | ||||||
17 | States. | ||||||
18 | "Regional cost of living" means a measure of the costs of | ||||||
19 | maintaining an adequate standard of living in differing | ||||||
20 | regional, geographic, urban, or rural regions of this State. | ||||||
21 | "Situational poverty" means temporary poverty that meets | ||||||
22 | all of the following: | ||||||
23 | (1) Is generally traceable to a specific incident or | ||||||
24 | time period within the lifetime of an individual. | ||||||
25 | (2) Is not continued to the next generation. | ||||||
26 | "Strategic plan" means the plan provided for under Section |
| |||||||
| |||||||
1 | 95-502 502 . | ||||||
2 | "System" means the Intergenerational Poverty Tracking | ||||||
3 | System established under subsection (a) of Section 95-301 301 . | ||||||
4 | "Two-generation approach" means an approach to breaking | ||||||
5 | the cycle of intergenerational poverty by improving family | ||||||
6 | economic security through programs that create opportunities | ||||||
7 | for and address the needs of parents and children together. | ||||||
8 | "Workgroup" means the Interagency Workgroup on Poverty and | ||||||
9 | Economic Insecurity established under Section 95-302 302 .
| ||||||
10 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
| ||||||
11 | (305 ILCS 70/95-301)
| ||||||
12 | Sec. 95-301. Intergenerational poverty tracking system. | ||||||
13 | (a) Establishment. Subject to appropriations, the | ||||||
14 | Department shall establish and maintain a data system to track | ||||||
15 | intergenerational poverty. | ||||||
16 | (b) System requirements. The system shall have the ability | ||||||
17 | to do all of the following: | ||||||
18 | (1) Identify groups that have a high risk of | ||||||
19 | experiencing intergenerational poverty. | ||||||
20 | (2) Identify incidents, patterns, and trends that | ||||||
21 | explain or contribute to intergenerational poverty. | ||||||
22 | (3) Gather and track available local, State, and | ||||||
23 | national data on all of the following: | ||||||
24 | (i) Official poverty rates. | ||||||
25 | (ii) Child poverty rates. |
| |||||||
| |||||||
1 | (iii) Years spent by an individual in childhood | ||||||
2 | poverty. | ||||||
3 | (iv) Years spent by an individual in adult | ||||||
4 | poverty. | ||||||
5 | (v) Related poverty information. | ||||||
6 | (c) Duties of the Department. The Department shall do all | ||||||
7 | of the following: | ||||||
8 | (1) Use available data in the system, including public | ||||||
9 | assistance data, census data, and other data made | ||||||
10 | available to the Department, to track intergenerational | ||||||
11 | poverty. | ||||||
12 | (2) Develop and implement methods to integrate, | ||||||
13 | compare, analyze, and validate the data for the purposes | ||||||
14 | described under subsection (b). | ||||||
15 | (3) Protect the privacy of an individual living in | ||||||
16 | poverty by using and distributing data within the system | ||||||
17 | in compliance with federal and State laws. | ||||||
18 | (4) Include, in the report required under Section | ||||||
19 | 95-304 304 , a summary of the data, findings, and potential | ||||||
20 | additional uses of the system.
| ||||||
21 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
| ||||||
22 | (305 ILCS 70/95-304)
| ||||||
23 | Sec. 95-304. Report. | ||||||
24 | (a) Report. No later than September 1 of each year, the | ||||||
25 | workgroup shall issue a report that includes the following: |
| |||||||
| |||||||
1 | (1) A summary of actions taken and outcomes obtained | ||||||
2 | by the workgroup in fulfilling its duties under Section | ||||||
3 | 95-303 303 . | ||||||
4 | (2) Progress made on reducing poverty and economic | ||||||
5 | insecurity in this State, including policies or procedures | ||||||
6 | implemented to reduce or eliminate the cycle of poverty | ||||||
7 | and intergenerational poverty as a result of the data | ||||||
8 | collected by the workgroup. | ||||||
9 | (3) Relevant data assessing the scope and depth of | ||||||
10 | intergenerational poverty in this State. | ||||||
11 | (4) A 20-year history of poverty rates in this State | ||||||
12 | with focus on any reduction or increase in the rates | ||||||
13 | during the previous 10 years and since the inception of | ||||||
14 | the workgroup. | ||||||
15 | (5) Any recommendations for legislative or regulatory | ||||||
16 | action to adopt or repeal laws, policies, or procedures to | ||||||
17 | further the goal of eliminating poverty and economic | ||||||
18 | insecurity in this State. | ||||||
19 | (b) Distribution. The workgroup shall distribute the | ||||||
20 | report created under subsection (a) as follows: | ||||||
21 | (1) To the Governor. | ||||||
22 | (2) To each member of the General Assembly. | ||||||
23 | (3) By prominently posting the report on each State | ||||||
24 | Department's and agency's publicly accessible Internet | ||||||
25 | website.
| ||||||
26 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
|
| |||||||
| |||||||
1 | (305 ILCS 70/95-502)
| ||||||
2 | Sec. 95-502. Strategic plan to address poverty and | ||||||
3 | economic insecurity. | ||||||
4 | (a) Plan required. No later than November 30, 2021, the | ||||||
5 | Commission shall develop and adopt a strategic plan to address | ||||||
6 | poverty and economic insecurity in this State. | ||||||
7 | (b) Goals. The goals of the strategic plan shall be to: | ||||||
8 | (1) Ensure that State programs and services targeting | ||||||
9 | poverty and economic insecurity reflect the goal of | ||||||
10 | helping individuals and families rise above poverty and | ||||||
11 | achieve long-term economic stability rather than simply | ||||||
12 | providing relief from deprivation. | ||||||
13 | (2) Eliminate disparate rates of poverty, deep | ||||||
14 | poverty, child poverty, and intergenerational poverty | ||||||
15 | based on race, ethnicity, gender, age, sexual orientation | ||||||
16 | or identity, English language proficiency, ability, and | ||||||
17 | geographic location in a rural, urban, or suburban area. | ||||||
18 | (3) Reduce deep poverty in this State by 50% by 2026. | ||||||
19 | (4) Eliminate child poverty in this State by 2031. | ||||||
20 | (5) Eliminate all poverty in this State by 2036. | ||||||
21 | (c) Plan development. In developing the strategic plan, | ||||||
22 | the Commission shall: | ||||||
23 | (1) Collaborate with the workgroup, including sharing | ||||||
24 | data and information identified under paragraphs (1) and | ||||||
25 | (3) of subsection (a) of Section 95-303 303 and analyses |
| |||||||
| |||||||
1 | of that data and information. | ||||||
2 | (2) Review each program and service provided by the | ||||||
3 | State that targets poverty and economic insecurity for | ||||||
4 | purposes of: | ||||||
5 | (i) determining which programs and services are | ||||||
6 | the most effective and of the highest importance in | ||||||
7 | reducing poverty and economic insecurity in this | ||||||
8 | State; and | ||||||
9 | (ii) providing an analysis of unmet needs, if any, | ||||||
10 | among individuals, children, and families in deep | ||||||
11 | poverty and intergenerational poverty for each program | ||||||
12 | and service identified under subparagraph (i). | ||||||
13 | (3) Study the feasibility of using public or private | ||||||
14 | partnerships and social impact bonds, to improve | ||||||
15 | innovation and cost-effectiveness in the development of | ||||||
16 | programs and delivery of services that advance the goals | ||||||
17 | of the strategic plan. | ||||||
18 | (4) Hold at least 6 public hearings in different | ||||||
19 | geographic regions of this State, including areas that | ||||||
20 | have disparate rates of poverty and that have historically | ||||||
21 | experienced economic insecurity, to collect information, | ||||||
22 | take testimony, and solicit input and feedback from | ||||||
23 | interested parties, including members of the public who | ||||||
24 | have personal experiences with State programs and services | ||||||
25 | targeting economic insecurity, poverty, deep poverty, | ||||||
26 | child poverty, and intergenerational poverty and make the |
| |||||||
| |||||||
1 | information publicly available. | ||||||
2 | (5) To request and receive from a State agency or | ||||||
3 | local governmental agency information relating to poverty | ||||||
4 | in this State, including all of the following: | ||||||
5 | (i) Reports. | ||||||
6 | (ii) Audits. | ||||||
7 | (iii) Data. | ||||||
8 | (iv) Projections. | ||||||
9 | (v) Statistics. | ||||||
10 | (d) Subject areas. The strategic plan shall address all of | ||||||
11 | the following: | ||||||
12 | (1) Access to safe and affordable housing. | ||||||
13 | (2) Access to adequate food and nutrition. | ||||||
14 | (3) Access to affordable and quality health care. | ||||||
15 | (4) Equal access to quality education and training. | ||||||
16 | (5) Equal access to affordable, quality post-secondary | ||||||
17 | education options. | ||||||
18 | (6) Dependable and affordable transportation. | ||||||
19 | (7) Access to quality and affordable child care. | ||||||
20 | (8) Opportunities to engage in meaningful and | ||||||
21 | sustainable work that pays a living wage and barriers to | ||||||
22 | those opportunities experienced by low-income individuals | ||||||
23 | in poverty. | ||||||
24 | (9) Equal access to justice through a fair system of | ||||||
25 | criminal justice that does not, in effect, criminalize | ||||||
26 | poverty. |
| |||||||
| |||||||
1 | (10) The availability of adequate income supports. | ||||||
2 | (11) Retirement security. | ||||||
3 | (e) Plan content. The strategic plan shall, at a minimum, | ||||||
4 | contain policy and fiscal recommendations relating to all of | ||||||
5 | the following: | ||||||
6 | (1) Developing fact-based measures to evaluate the | ||||||
7 | long-term effectiveness of existing and proposed programs | ||||||
8 | and services targeting poverty and economic insecurity. | ||||||
9 | (2) Increasing enrollment in programs and services | ||||||
10 | targeting poverty and economic insecurity by reducing the | ||||||
11 | complexity and difficulty of enrollment in order to | ||||||
12 | maximize program effectiveness and increase positive | ||||||
13 | outcomes. | ||||||
14 | (3) Increasing the reach of programs and services | ||||||
15 | targeting poverty and economic insecurity by ensuring that | ||||||
16 | State agencies have adequate resources to maximize the | ||||||
17 | public awareness of the programs and services, especially | ||||||
18 | in historically disenfranchised communities. | ||||||
19 | (4) Reducing the negative impacts of asset limits for | ||||||
20 | eligibility on the effectiveness of State programs | ||||||
21 | targeting poverty and economic insecurity by ensuring that | ||||||
22 | eligibility limits do not: | ||||||
23 | (i) create gaps in necessary service and benefit | ||||||
24 | delivery or restrict access to benefits as individuals | ||||||
25 | and families attempt to transition off assistance | ||||||
26 | programs; or |
| |||||||
| |||||||
1 | (ii) prevent beneficiaries from improving | ||||||
2 | long-term outcomes and achieving long-term economic | ||||||
3 | independence from the program. | ||||||
4 | (5) Improving the ability of community-based | ||||||
5 | organizations to participate in the development and | ||||||
6 | implementation of State programs designed to address | ||||||
7 | economic insecurity and poverty. | ||||||
8 | (6) Improving the ability of individuals living in | ||||||
9 | poverty, low-income individuals, and unemployed | ||||||
10 | individuals to access critical job training and skills | ||||||
11 | upgrade programs and find quality jobs that help children | ||||||
12 | and families become economically secure and rise above | ||||||
13 | poverty. | ||||||
14 | (7) Improving communication and collaboration between | ||||||
15 | State agencies and local governments on programs targeting | ||||||
16 | poverty and economic insecurity. | ||||||
17 | (8) Creating efficiencies in the administration and | ||||||
18 | coordination of programs and services targeting poverty | ||||||
19 | and economic insecurity. | ||||||
20 | (9) Connecting low-income children, disconnected | ||||||
21 | youth, and families of those children and youth to | ||||||
22 | education, job training, and jobs in the communities in | ||||||
23 | which those children and youth live. | ||||||
24 | (10) Ensuring that the State's services and benefits | ||||||
25 | programs, emergency programs, discretionary economic | ||||||
26 | programs, and other policies are sufficiently funded to |
| |||||||
| |||||||
1 | enable the State to mount effective responses to economic | ||||||
2 | downturns and increases in economic insecurity and poverty | ||||||
3 | rates. | ||||||
4 | (11) Creating one or more State poverty measures. | ||||||
5 | (12) Developing and implementing programs and policies | ||||||
6 | that use the two-generation approach. | ||||||
7 | (13) Using public or private partnerships and social | ||||||
8 | impact bonds to improve innovation and cost-effectiveness | ||||||
9 | in the development of programs and delivery of services | ||||||
10 | that advance the goals of the strategic plan. | ||||||
11 | (14) Identifying best practices for collecting data | ||||||
12 | relevant to all of the following: | ||||||
13 | (i) Reducing economic insecurity and poverty. | ||||||
14 | (ii) Reducing the racial, ethnic, age, gender, | ||||||
15 | sexual orientation, and sexual identity-based | ||||||
16 | disparities in the rates of economic insecurity and | ||||||
17 | poverty. | ||||||
18 | (iii) Adequately measuring the effectiveness, | ||||||
19 | efficiency, and impact of programs on the outcomes for | ||||||
20 | individuals, families, and communities who receive | ||||||
21 | benefits and services. | ||||||
22 | (iv) Streamlining enrollment and eligibility for | ||||||
23 | programs. | ||||||
24 | (v) Improving long-term outcomes for individuals | ||||||
25 | who are enrolled in service and benefit programs. | ||||||
26 | (vi) Reducing reliance on public programs. |
| |||||||
| |||||||
1 | (vii) Improving connections to work. | ||||||
2 | (viii) Improving economic security. | ||||||
3 | (ix) Improving retirement security. | ||||||
4 | (x) Improving the State's understanding of the | ||||||
5 | impact of extreme weather and natural disasters on | ||||||
6 | economically vulnerable communities and improving | ||||||
7 | those communities' resilience to and recovery from | ||||||
8 | extreme weather and natural disasters. | ||||||
9 | (xi) Improving access to living-wage employment. | ||||||
10 | (xii) Improving access to employment-based | ||||||
11 | benefits. | ||||||
12 | (f) Other information. In addition to the plan content | ||||||
13 | required under subsection (e), the strategic plan shall | ||||||
14 | contain all of the following: | ||||||
15 | (1) A suggested timeline for the stages of | ||||||
16 | implementation of the recommendations in the plan. | ||||||
17 | (2) Short-term, intermediate-term, and long-term | ||||||
18 | benchmarks to measure the State's progress toward meeting | ||||||
19 | the goals of the strategic plan. | ||||||
20 | (3) A summary of the review and analysis conducted by | ||||||
21 | the Commission under paragraph (1) of subsection (c). | ||||||
22 | (g) Impact of recommendations. For each recommendation in | ||||||
23 | the plan, the Commission shall identify in measurable terms | ||||||
24 | the actual or potential impact the recommendation will have on | ||||||
25 | poverty and economic insecurity in this State.
| ||||||
26 | (Source: P.A. 101-636, eff. 6-10-20; revised 9-2-20.)
|
| |||||||
| |||||||
1 | Section 615. The Abused and Neglected Child Reporting Act | ||||||
2 | is amended by changing Section 7 as follows:
| ||||||
3 | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| ||||||
4 | Sec. 7. Time and manner of making reports. All reports of | ||||||
5 | suspected
child abuse or neglect made
under this Act shall be | ||||||
6 | made immediately by telephone to the central register
| ||||||
7 | established under Section 7.7 on the single, State-wide, | ||||||
8 | toll-free telephone
number established in Section 7.6, or in | ||||||
9 | person or by telephone through
the nearest Department office. | ||||||
10 | The Department shall, in cooperation with
school officials, | ||||||
11 | distribute
appropriate materials in school buildings
listing | ||||||
12 | the toll-free telephone number established in Section 7.6,
| ||||||
13 | including methods of making a report under this Act.
The | ||||||
14 | Department may, in cooperation with appropriate members of the | ||||||
15 | clergy,
distribute appropriate materials in churches, | ||||||
16 | synagogues, temples, mosques, or
other religious buildings | ||||||
17 | listing the toll-free telephone number
established in Section | ||||||
18 | 7.6, including methods of making a report under this
Act.
| ||||||
19 | Wherever the Statewide number is posted, there shall also | ||||||
20 | be posted the
following notice:
| ||||||
21 | "Any person who knowingly transmits a false report to the | ||||||
22 | Department
commits the offense of disorderly conduct under | ||||||
23 | subsection (a)(7) of
Section 26-1 of the Criminal Code of | ||||||
24 | 2012. A violation of this subsection is a Class 4 felony."
|
| |||||||
| |||||||
1 | The report required by this Act shall include, if known, | ||||||
2 | the name
and address of the child and his parents or other | ||||||
3 | persons having his
custody; the child's age; the nature of the | ||||||
4 | child's condition , including any
evidence of previous injuries | ||||||
5 | or disabilities; and any other information
that the person | ||||||
6 | filing the report believes might be helpful in
establishing | ||||||
7 | the cause of such abuse or neglect and the identity of the
| ||||||
8 | person believed to have caused such abuse or neglect. Reports | ||||||
9 | made to the
central register through the State-wide, toll-free | ||||||
10 | telephone number shall
be immediately transmitted by the | ||||||
11 | Department to the appropriate Child Protective Service
Unit. | ||||||
12 | All such reports alleging the death of a child,
serious injury | ||||||
13 | to a child , including, but not limited to, brain damage,
skull | ||||||
14 | fractures, subdural hematomas, and internal injuries, torture | ||||||
15 | of a
child, malnutrition of a child, and sexual abuse to a | ||||||
16 | child, including, but
not limited to, sexual intercourse, | ||||||
17 | sexual exploitation, sexual
molestation, and sexually | ||||||
18 | transmitted disease in a child age
12 and under, shall also be | ||||||
19 | immediately transmitted by the Department to the appropriate | ||||||
20 | local law enforcement agency. The Department shall within 24 | ||||||
21 | hours orally notify local law
enforcement personnel and the | ||||||
22 | office of the State's Attorney of the
involved county of the | ||||||
23 | receipt of any report alleging the death of a child,
serious | ||||||
24 | injury to a child , including, but not limited to, brain | ||||||
25 | damage,
skull fractures, subdural hematomas, and , internal | ||||||
26 | injuries, torture of a
child, malnutrition of a child, and |
| |||||||
| |||||||
1 | sexual abuse to a child, including, but
not limited to, sexual | ||||||
2 | intercourse, sexual exploitation, sexual
molestation, and | ||||||
3 | sexually transmitted disease in a child age 12
twelve and | ||||||
4 | under. All
oral reports made by the Department to local law | ||||||
5 | enforcement personnel and
the office of the State's Attorney | ||||||
6 | of the involved county shall be
confirmed in writing within 24
| ||||||
7 | hours of the oral report. All reports by
persons mandated to | ||||||
8 | report under this Act shall be confirmed in writing to
the | ||||||
9 | appropriate Child Protective Service Unit, which may be on | ||||||
10 | forms
supplied by the Department, within 48 hours of any | ||||||
11 | initial report.
| ||||||
12 | Any report received by the Department alleging the abuse | ||||||
13 | or neglect of a child by a person who is not the child's | ||||||
14 | parent, a member of the child's immediate family, a person | ||||||
15 | responsible for the child's welfare, an individual residing in | ||||||
16 | the same home as the child, or a paramour of the child's parent | ||||||
17 | shall immediately be referred to the appropriate local law | ||||||
18 | enforcement agency for consideration of criminal investigation | ||||||
19 | or other action. | ||||||
20 | Written confirmation reports from persons not required to | ||||||
21 | report by this
Act may be made to the appropriate Child | ||||||
22 | Protective Service Unit. Written
reports from persons required | ||||||
23 | by this Act to report shall be admissible
in evidence in any | ||||||
24 | judicial proceeding or administrative hearing relating to | ||||||
25 | child abuse or neglect.
Reports involving known or suspected | ||||||
26 | child abuse or neglect in public or
private residential |
| |||||||
| |||||||
1 | agencies or institutions shall be made and received
in the | ||||||
2 | same manner as all other reports made under this Act.
| ||||||
3 | For purposes of this Section , "child" includes an adult | ||||||
4 | resident as defined in this Act. | ||||||
5 | (Source: P.A. 101-583, eff. 1-1-20; revised 11-21-19.)
| ||||||
6 | Section 620. The Mental Health and Developmental | ||||||
7 | Disabilities Code is amended by changing Sections 2-110.1 and | ||||||
8 | 2-110.5 and by renumbering Section 3-5A-105 as follows:
| ||||||
9 | (405 ILCS 5/2-110.1)
| ||||||
10 | Sec. 2-110.1. Reports.
| ||||||
11 | (a) A mental hospital or facility at which | ||||||
12 | electroconvulsive electro-convulsive therapy
is administered | ||||||
13 | shall submit to the Department quarterly reports
relating to | ||||||
14 | the administration of the therapy for the purposes of reducing
| ||||||
15 | morbidity or mortality and improving patient care.
| ||||||
16 | (b) A report shall state the following for each quarter:
| ||||||
17 | (1) The number of persons who received the therapy, | ||||||
18 | including:
| ||||||
19 | (A) the number of persons who gave informed | ||||||
20 | consent to the therapy;
| ||||||
21 | (B) the number of persons confined as subject to | ||||||
22 | involuntary admission
who gave informed consent to the | ||||||
23 | therapy;
| ||||||
24 | (C) the number of persons who received the therapy |
| |||||||
| |||||||
1 | without
informed consent pursuant to Section 2-107.1; | ||||||
2 | and
| ||||||
3 | (D) the number of persons who received the therapy | ||||||
4 | on an
emergency basis pursuant to subsection (d) of | ||||||
5 | Section 2-107.1.
| ||||||
6 | (2) The age, sex, and race of the recipients of the | ||||||
7 | therapy.
| ||||||
8 | (3) The source of the treatment payment.
| ||||||
9 | (4) The average number of electroconvulsive | ||||||
10 | electro-convulsive treatments administered for
each | ||||||
11 | complete series of treatments, but not including | ||||||
12 | maintenance treatments.
| ||||||
13 | (5) The average number of maintenance | ||||||
14 | electroconvulsive electro-convulsive treatments
| ||||||
15 | administered per month.
| ||||||
16 | (6) Any significant adverse reactions to the treatment | ||||||
17 | as defined by rule.
| ||||||
18 | (7) Autopsy findings if death followed within 14 days | ||||||
19 | after the date of
the administration of the therapy.
| ||||||
20 | (8) Any other information required by the Department | ||||||
21 | by rule.
| ||||||
22 | (c) The Department shall prepare and publish an annual | ||||||
23 | written report
summarizing the information received under this | ||||||
24 | Section.
The report shall not contain any information that | ||||||
25 | identifies or tends to
identify any facility, physician, | ||||||
26 | health care provider, or patient.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-538, eff. 12-1-97; revised 7-18-19.)
| ||||||
2 | (405 ILCS 5/2-110.5)
| ||||||
3 | Sec. 2-110.5. Electroconvulsive Electro-convulsive | ||||||
4 | therapy for minors. If a recipient is a
minor, that | ||||||
5 | recipient's parent or guardian is authorized, only with the
| ||||||
6 | approval of the court under the procedures set out in Section | ||||||
7 | 2-107.1, to
provide consent for participation of the minor in | ||||||
8 | electroconvulsive electro-convulsive
therapy if the parent or | ||||||
9 | guardian deems it to be in the best interest of the
minor. In | ||||||
10 | addition to the requirements in Section 2-107.1, prior to the | ||||||
11 | court
entering an order approving treatment by | ||||||
12 | electroconvulsive electro-convulsive therapy, 2 licensed
| ||||||
13 | psychiatrists, one of which may
be the minor's treating | ||||||
14 | psychiatrist, who have examined the patient must concur
in the | ||||||
15 | determination that the minor should participate in treatment | ||||||
16 | by electroconvulsive
electro-convulsive
therapy.
| ||||||
17 | (Source: P.A. 91-74, eff. 7-9-99; revised 7-18-19.)
| ||||||
18 | (405 ILCS 5/3-550) | ||||||
19 | Sec. 3-550 3-5A-105 . Minors 12 years of age or older | ||||||
20 | request to receive
counseling services or psychotherapy on an | ||||||
21 | outpatient basis. | ||||||
22 | (a) Any minor 12 years of age or older may request and | ||||||
23 | receive
counseling services or psychotherapy on an outpatient | ||||||
24 | basis. The consent
of the minor's parent, guardian, or person |
| |||||||
| |||||||
1 | in loco parentis shall not be necessary
to authorize | ||||||
2 | outpatient counseling services or psychotherapy. However, | ||||||
3 | until the consent of the minor's parent, guardian,
or person | ||||||
4 | in loco parentis has been obtained, outpatient counseling | ||||||
5 | services or
psychotherapy provided to a minor under the age of | ||||||
6 | 17
shall be initially limited to not more than 8 90-minute | ||||||
7 | sessions. The service provider shall consider the factors | ||||||
8 | contained in subsection (a-1) of this Section throughout the | ||||||
9 | therapeutic process to determine, through consultation with | ||||||
10 | the minor, whether attempting to obtain the consent of a | ||||||
11 | parent, guardian, or person in loco parentis would be | ||||||
12 | detrimental to the minor's well-being. No later than the | ||||||
13 | eighth session, the service provider shall determine and share | ||||||
14 | with the minor the service provider's decision as described | ||||||
15 | below: | ||||||
16 | (1) If the service provider finds that attempting to | ||||||
17 | obtain consent would not be detrimental to the minor's | ||||||
18 | well-being, the provider shall notify the minor that the | ||||||
19 | consent of a parent, guardian, or person in loco parentis | ||||||
20 | is required to continue counseling services or | ||||||
21 | psychotherapy. | ||||||
22 | (2) If the minor does not permit the service provider | ||||||
23 | to notify the parent, guardian, or person in loco parentis | ||||||
24 | for the purpose of consent after the eighth session the | ||||||
25 | service provider shall discontinue counseling services or | ||||||
26 | psychotherapy and shall not notify the parent, guardian, |
| |||||||
| |||||||
1 | or person in loco parentis about the counseling services | ||||||
2 | or psychotherapy. | ||||||
3 | (3) If the minor permits the service provider to | ||||||
4 | notify the parent, guardian, or person in loco parentis | ||||||
5 | for the purpose of consent, without discontinuing | ||||||
6 | counseling services or psychotherapy, the service provider | ||||||
7 | shall make reasonable attempts to obtain consent. The | ||||||
8 | service provider shall document each attempt to obtain | ||||||
9 | consent in the minor's clinical record. The service | ||||||
10 | provider may continue to provide counseling services or | ||||||
11 | psychotherapy without the consent of the minor's parent, | ||||||
12 | guardian, or person in loco parentis if: | ||||||
13 | (A) the service provider has made at least 2 | ||||||
14 | unsuccessful attempts to contact the minor's parent, | ||||||
15 | guardian, or person in loco parentis to obtain | ||||||
16 | consent; and | ||||||
17 | (B) the service provider has obtained the minor's | ||||||
18 | written consent. | ||||||
19 | (4) If, after the eighth session, the service provider | ||||||
20 | of counseling services or psychotherapy determines that
| ||||||
21 | obtaining consent would be detrimental to the minor's
| ||||||
22 | well-being, the service provider shall consult with his or | ||||||
23 | her supervisor when possible to review and authorize the | ||||||
24 | determination under subsection (a) of this Section. The | ||||||
25 | service provider shall document the basis
for the | ||||||
26 | determination in the minor's clinical record and
may then |
| |||||||
| |||||||
1 | accept the minor's written consent to continue to
provide | ||||||
2 | counseling services or psychotherapy without also
| ||||||
3 | obtaining the consent of a parent, guardian, or person in
| ||||||
4 | loco parentis. | ||||||
5 | (5) If the minor continues to receive counseling | ||||||
6 | services or psychotherapy without the consent of a parent, | ||||||
7 | guardian, or person in loco parentis beyond 8 sessions, | ||||||
8 | the
service provider shall evaluate, in consultation with | ||||||
9 | his
or her supervisor when possible, his or her | ||||||
10 | determination
under this subsection (a), and review the | ||||||
11 | determination
every 60 days until counseling services or | ||||||
12 | psychotherapy ends or the minor reaches age 17. If it is | ||||||
13 | determined appropriate to notify the parent, guardian, or | ||||||
14 | person in loco parentis and the minor consents, the | ||||||
15 | service provider shall proceed under paragraph (3) of | ||||||
16 | subsection (a) of this Section. | ||||||
17 | (6) When counseling services or psychotherapy are | ||||||
18 | related to allegations of neglect, sexual abuse, or mental | ||||||
19 | or physical abuse by the minor's parent, guardian, or | ||||||
20 | person in loco parentis, obtaining consent of that parent, | ||||||
21 | guardian, or person in loco parentis shall be presumed to | ||||||
22 | be detrimental to the minor's well-being. | ||||||
23 | (a-1) Each of the following factors must be present in | ||||||
24 | order for the service provider to find that obtaining the | ||||||
25 | consent of a parent, guardian, or person in loco parentis | ||||||
26 | would be detrimental to the minor's well-being: |
| |||||||
| |||||||
1 | (1) requiring the consent or notification of a parent, | ||||||
2 | guardian, or person in loco parentis would cause the minor | ||||||
3 | to reject the counseling services or psychotherapy; | ||||||
4 | (2) the failure to provide the counseling services or | ||||||
5 | psychotherapy would be detrimental to the minor's | ||||||
6 | well-being; | ||||||
7 | (3) the minor has knowingly and voluntarily sought the | ||||||
8 | counseling services or psychotherapy; and | ||||||
9 | (4) in the opinion of the service provider, the minor | ||||||
10 | is mature enough to participate in counseling services or | ||||||
11 | psychotherapy productively. | ||||||
12 | (a-2) The minor's parent, guardian, or person in loco | ||||||
13 | parentis shall not be informed of the counseling services or | ||||||
14 | psychotherapy without the written consent of the minor unless | ||||||
15 | the service provider believes the disclosure is necessary | ||||||
16 | under subsection (a) of this Section. If the facility director | ||||||
17 | or service provider intends to disclose the fact of counseling | ||||||
18 | services or psychotherapy, the minor shall be so informed and | ||||||
19 | if the minor chooses to discontinue counseling services or | ||||||
20 | psychotherapy after being informed of the decision of the | ||||||
21 | facility director or service provider to disclose the fact of | ||||||
22 | counseling services or psychotherapy to the parent, guardian, | ||||||
23 | or person in loco parentis, then the parent, guardian, or | ||||||
24 | person in loco parentis shall not be notified. Under the | ||||||
25 | Mental Health and Developmental Disabilities Confidentiality | ||||||
26 | Act, the facility director, his or her designee, or the |
| |||||||
| |||||||
1 | service provider shall not allow the minor's parent, guardian, | ||||||
2 | or person in loco parentis, upon request, to inspect or copy | ||||||
3 | the minor's record or any part of the record if the service | ||||||
4 | provider finds that there are compelling reasons for denying | ||||||
5 | the access. Nothing in this Section shall be interpreted to | ||||||
6 | limit a minor's privacy and confidentiality protections under | ||||||
7 | State law. | ||||||
8 | (b) The minor's parent, guardian, or person in loco | ||||||
9 | parentis shall not
be liable for the costs of outpatient | ||||||
10 | counseling services or psychotherapy which
is received by the | ||||||
11 | minor without the consent of the minor's parent, guardian,
or | ||||||
12 | person in loco parentis. | ||||||
13 | (c) Counseling services or psychotherapy provided under | ||||||
14 | this Section shall be provided in compliance with the | ||||||
15 | Professional Counselor and Clinical Professional Counselor | ||||||
16 | Licensing and Practice Act, the Clinical Social Work and | ||||||
17 | Social Work Practice Act, or the Clinical Psychologist | ||||||
18 | Licensing Act.
| ||||||
19 | (Source: P.A. 100-614, eff. 7-20-18; revised 7-11-19.)
| ||||||
20 | Section 625. The Maternal Mental Health Conditions | ||||||
21 | Education, Early Diagnosis, and Treatment Act is amended by | ||||||
22 | changing Section 1 as follows:
| ||||||
23 | (405 ILCS 120/1)
| ||||||
24 | Sec. 1. Short title. This Act may be cited as the the |
| |||||||
| |||||||
1 | Maternal Mental Health Conditions Education, Early Diagnosis, | ||||||
2 | and Treatment Act.
| ||||||
3 | (Source: P.A. 101-512, eff. 1-1-20; revised 12-21-20.)
| ||||||
4 | Section 630. The Compassionate Use of Medical Cannabis | ||||||
5 | Program Act is amended by changing Sections 25, 35, 36, 75, and | ||||||
6 | 160 as follows:
| ||||||
7 | (410 ILCS 130/25)
| ||||||
8 | Sec. 25. Immunities and presumptions related to the | ||||||
9 | medical use of cannabis.
| ||||||
10 | (a) A registered qualifying patient is not subject to | ||||||
11 | arrest, prosecution, or denial of any right or privilege, | ||||||
12 | including , but not limited to , civil penalty or disciplinary | ||||||
13 | action by an occupational or professional licensing board, for | ||||||
14 | the medical use of cannabis in accordance with this Act, if the | ||||||
15 | registered qualifying patient possesses an amount of cannabis | ||||||
16 | that does not exceed an adequate supply as defined in | ||||||
17 | subsection (a) of Section 10 of this Act of usable cannabis | ||||||
18 | and, where the registered qualifying patient is a licensed | ||||||
19 | professional, the use of cannabis does not impair that | ||||||
20 | licensed professional when he or she is engaged in the | ||||||
21 | practice of the profession for which he or she is licensed.
| ||||||
22 | (b) A registered designated caregiver is not subject to | ||||||
23 | arrest, prosecution, or denial of any right or privilege, | ||||||
24 | including , but not limited to , civil penalty or disciplinary |
| |||||||
| |||||||
1 | action by an occupational or professional licensing board, for | ||||||
2 | acting in accordance with this Act to assist a registered | ||||||
3 | qualifying patient to whom he or she is connected through the | ||||||
4 | Department's registration process with the medical use of | ||||||
5 | cannabis if the designated caregiver possesses an amount of | ||||||
6 | cannabis that does not exceed an adequate supply as defined in | ||||||
7 | subsection (a) of Section 10 of this Act of usable cannabis. A | ||||||
8 | school nurse or school administrator is not subject to arrest, | ||||||
9 | prosecution, or denial of any right or privilege, including, | ||||||
10 | but not limited to, a civil penalty, for acting in accordance | ||||||
11 | with Section 22-33 of the School Code relating to | ||||||
12 | administering or assisting a student in self-administering a | ||||||
13 | medical cannabis infused product. The total amount possessed | ||||||
14 | between the qualifying patient and caregiver shall not exceed | ||||||
15 | the patient's adequate supply as defined in subsection (a) of | ||||||
16 | Section 10 of this Act. | ||||||
17 | (c) A registered qualifying patient or registered | ||||||
18 | designated caregiver is not subject to
arrest, prosecution, or | ||||||
19 | denial of any right or privilege, including , but not limited | ||||||
20 | to , civil penalty or disciplinary action by an occupational or | ||||||
21 | professional licensing board for possession of cannabis that | ||||||
22 | is incidental to medical use, but is not usable cannabis as | ||||||
23 | defined in this Act.
| ||||||
24 | (d)(1) There is a rebuttable presumption that a registered | ||||||
25 | qualifying patient is engaged in, or a designated caregiver is | ||||||
26 | assisting with, the medical use of cannabis in accordance with |
| |||||||
| |||||||
1 | this Act if the qualifying patient or designated caregiver: | ||||||
2 | (A) is in possession of a valid registry | ||||||
3 | identification card; and | ||||||
4 | (B) is in possession of an amount of cannabis that | ||||||
5 | does not exceed the amount allowed under subsection (a) of | ||||||
6 | Section 10. | ||||||
7 | (2) The presumption may be rebutted by evidence that | ||||||
8 | conduct related to cannabis was not for the purpose of | ||||||
9 | treating or alleviating the qualifying patient's debilitating | ||||||
10 | medical condition or symptoms associated with the debilitating | ||||||
11 | medical condition in compliance with this Act.
| ||||||
12 | (e) A certifying health care professional is not subject | ||||||
13 | to arrest, prosecution, or penalty in any manner, or denial of | ||||||
14 | denied any right or privilege, including , but not limited to , | ||||||
15 | civil penalty or disciplinary action by the Medical | ||||||
16 | Disciplinary Board or by any other occupational or | ||||||
17 | professional licensing board, solely for providing written | ||||||
18 | certifications or for otherwise stating that, in the | ||||||
19 | certifying health care professional's professional opinion, a | ||||||
20 | patient is likely to receive therapeutic or palliative benefit | ||||||
21 | from the medical use of cannabis to treat or alleviate the | ||||||
22 | patient's debilitating medical condition or symptoms | ||||||
23 | associated with the debilitating medical condition, provided | ||||||
24 | that nothing shall prevent a professional licensing or | ||||||
25 | disciplinary board from sanctioning a certifying health care | ||||||
26 | professional for: (1) issuing a written certification to a |
| |||||||
| |||||||
1 | patient who is not under the certifying health care | ||||||
2 | professional's care for a debilitating medical condition; or | ||||||
3 | (2) failing to properly evaluate a patient's medical condition | ||||||
4 | or otherwise violating the standard of care for evaluating | ||||||
5 | medical conditions.
| ||||||
6 | (f) No person may be subject to arrest, prosecution, or | ||||||
7 | denial of any right or privilege, including , but not limited | ||||||
8 | to , civil penalty or disciplinary action by an occupational or | ||||||
9 | professional licensing board, solely for: (1) selling cannabis | ||||||
10 | paraphernalia to a cardholder upon presentation of an | ||||||
11 | unexpired registry identification card in the recipient's | ||||||
12 | name, if employed and registered as a dispensing agent by a | ||||||
13 | registered dispensing organization; (2) being in the presence | ||||||
14 | or vicinity of the medical use of cannabis as allowed under | ||||||
15 | this Act; or (3) assisting a registered qualifying patient | ||||||
16 | with the act of administering cannabis.
| ||||||
17 | (g) A registered cultivation center is not subject to | ||||||
18 | prosecution; search or inspection, except by the Department of | ||||||
19 | Agriculture, Department of Public Health, or State or local | ||||||
20 | law enforcement under Section 130; seizure; or penalty in any | ||||||
21 | manner, or denial of be denied any right or privilege, | ||||||
22 | including , but not limited to , civil penalty or disciplinary | ||||||
23 | action by a business licensing board or entity, for acting | ||||||
24 | under this Act and Department of Agriculture rules to: | ||||||
25 | acquire, possess, cultivate, manufacture, deliver, transfer, | ||||||
26 | transport, supply, or sell cannabis to registered dispensing |
| |||||||
| |||||||
1 | organizations.
| ||||||
2 | (h) A registered cultivation center agent is not subject | ||||||
3 | to prosecution, search, or penalty in any manner, or denial of | ||||||
4 | be denied any right or privilege, including , but not limited | ||||||
5 | to , civil penalty or disciplinary action by a business | ||||||
6 | licensing board or entity, for working or volunteering for a
| ||||||
7 | registered cannabis cultivation center under this Act and | ||||||
8 | Department of Agriculture rules, including to perform the | ||||||
9 | actions listed under subsection (g).
| ||||||
10 | (i) A registered dispensing organization is not subject to | ||||||
11 | prosecution; search or inspection, except by the Department of | ||||||
12 | Financial and Professional Regulation or State or local law | ||||||
13 | enforcement pursuant to Section 130; seizure; or penalty in | ||||||
14 | any manner, or denial of be denied any right or privilege, | ||||||
15 | including , but not limited to , civil penalty or disciplinary | ||||||
16 | action by a business licensing board or entity, for acting | ||||||
17 | under this Act and Department of Financial and Professional | ||||||
18 | Regulation rules to: acquire, possess, or dispense cannabis, | ||||||
19 | or related supplies, and educational materials to registered | ||||||
20 | qualifying patients or registered designated caregivers on | ||||||
21 | behalf of registered qualifying patients.
| ||||||
22 | (j) A registered dispensing organization agent is not | ||||||
23 | subject to prosecution, search, or penalty in any manner, or | ||||||
24 | denial of be denied any right or privilege, including , but not | ||||||
25 | limited to , civil penalty or disciplinary action by a business | ||||||
26 | licensing board or entity, for working or volunteering for a |
| |||||||
| |||||||
1 | dispensing organization under this Act and Department of | ||||||
2 | Financial and Professional Regulation rules, including to | ||||||
3 | perform the actions listed under subsection (i).
| ||||||
4 | (k) Any cannabis, cannabis paraphernalia, illegal | ||||||
5 | property, or interest in legal property that is possessed, | ||||||
6 | owned, or used in connection with the medical use of cannabis | ||||||
7 | as allowed under this Act, or acts incidental to that use, may | ||||||
8 | not be seized or forfeited. This Act does not prevent the | ||||||
9 | seizure or forfeiture of cannabis exceeding the amounts | ||||||
10 | allowed under this Act, nor shall it prevent seizure or | ||||||
11 | forfeiture if the basis for the action is unrelated to the | ||||||
12 | cannabis that is possessed, manufactured, transferred, or used | ||||||
13 | under this Act.
| ||||||
14 | (l) Mere possession of, or application for, a registry | ||||||
15 | identification card or registration certificate does not | ||||||
16 | constitute probable cause or reasonable suspicion, nor shall | ||||||
17 | it be used as the sole basis to support the search of the | ||||||
18 | person, property, or home of the person possessing or applying | ||||||
19 | for the registry identification card. The possession of, or | ||||||
20 | application for, a registry identification card does not | ||||||
21 | preclude the existence of probable cause if probable cause | ||||||
22 | exists on other grounds.
| ||||||
23 | (m) Nothing in this Act shall preclude local or State law | ||||||
24 | enforcement agencies from searching a registered cultivation | ||||||
25 | center where there is probable cause to believe that the | ||||||
26 | criminal laws of this State have been violated and the search |
| |||||||
| |||||||
1 | is conducted in conformity with the Illinois Constitution, the | ||||||
2 | Constitution of the United States, and all State statutes.
| ||||||
3 | (n) Nothing in this Act shall preclude local or State | ||||||
4 | state law enforcement agencies from searching a registered | ||||||
5 | dispensing organization where there is probable cause to | ||||||
6 | believe that the criminal laws of this State have been | ||||||
7 | violated and the search is conducted in conformity with the | ||||||
8 | Illinois Constitution, the Constitution of the United States, | ||||||
9 | and all State statutes.
| ||||||
10 | (o) No individual employed by the State of Illinois shall | ||||||
11 | be subject to criminal or civil penalties for taking any | ||||||
12 | action in accordance with the provisions of this Act, when the | ||||||
13 | actions are within the scope of his or her employment. | ||||||
14 | Representation and indemnification of State employees shall be | ||||||
15 | provided to State employees as set forth in Section 2 of the | ||||||
16 | State Employee Indemnification Act.
| ||||||
17 | (p) No law enforcement or correctional agency, nor any | ||||||
18 | individual employed by a law enforcement or correctional | ||||||
19 | agency, shall be subject to criminal or civil liability, | ||||||
20 | except for willful and wanton misconduct, as a result of | ||||||
21 | taking any action within the scope of the official duties of | ||||||
22 | the agency or individual to prohibit or prevent the possession | ||||||
23 | or use of cannabis by a cardholder incarcerated at a | ||||||
24 | correctional facility, jail, or municipal lockup facility, on | ||||||
25 | parole or mandatory supervised release, or otherwise under the | ||||||
26 | lawful jurisdiction of the agency or individual. |
| |||||||
| |||||||
1 | (Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20; | ||||||
2 | revised 9-24-19.)
| ||||||
3 | (410 ILCS 130/35)
| ||||||
4 | Sec. 35. Certifying health care professional requirements.
| ||||||
5 | (a) A certifying health care professional who certifies a | ||||||
6 | debilitating medical condition for a qualifying patient shall | ||||||
7 | comply with all of the following requirements:
| ||||||
8 | (1) The certifying health care professional shall be | ||||||
9 | currently licensed under the Medical Practice Act of 1987 | ||||||
10 | to practice medicine in all its branches, the Nurse | ||||||
11 | Practice Act, or the Physician Assistant Practice Act of | ||||||
12 | 1987, shall be in good standing, and must hold a | ||||||
13 | controlled substances license under Article III of the | ||||||
14 | Illinois Controlled Substances Act.
| ||||||
15 | (2) A certifying health care professional certifying a | ||||||
16 | patient's condition shall comply with generally accepted | ||||||
17 | standards of medical practice, the provisions of the Act | ||||||
18 | under which he or she is licensed and all applicable | ||||||
19 | rules.
| ||||||
20 | (3) The physical examination required by this Act may | ||||||
21 | not be performed by remote means, including telemedicine.
| ||||||
22 | (4) The certifying health care professional shall | ||||||
23 | maintain a record-keeping system for all patients for whom | ||||||
24 | the certifying health care professional has certified the | ||||||
25 | patient's medical condition. These records shall be |
| |||||||
| |||||||
1 | accessible to and subject to review by the Department of | ||||||
2 | Public Health and the Department of Financial and | ||||||
3 | Professional Regulation upon request.
| ||||||
4 | (b) A certifying health care professional may not:
| ||||||
5 | (1) accept, solicit, or offer any form of remuneration | ||||||
6 | from or to a qualifying patient, primary caregiver, | ||||||
7 | cultivation center, or dispensing organization, including | ||||||
8 | each principal officer, board member, agent, and employee, | ||||||
9 | to certify a patient, other than accepting payment from a | ||||||
10 | patient for the fee associated with the required | ||||||
11 | examination, except for the limited purpose of performing | ||||||
12 | a medical cannabis-related research study; | ||||||
13 | (1.5) accept, solicit, or offer any form of | ||||||
14 | remuneration from or to a medical cannabis cultivation | ||||||
15 | center or dispensary organization for the purposes of | ||||||
16 | referring a patient to a specific dispensary organization; | ||||||
17 | (1.10) engage in any activity that is prohibited under | ||||||
18 | Section 22.2 of the Medical Practice Act of 1987, | ||||||
19 | regardless of whether the certifying health care | ||||||
20 | professional is a physician, advanced practice registered | ||||||
21 | nurse, or physician assistant; | ||||||
22 | (2) offer a discount of any other item of value to a | ||||||
23 | qualifying patient who uses or agrees to use a particular | ||||||
24 | primary caregiver or dispensing organization to obtain | ||||||
25 | medical cannabis;
| ||||||
26 | (3) conduct a personal physical examination of a |
| |||||||
| |||||||
1 | patient for purposes of diagnosing a debilitating medical | ||||||
2 | condition at a location where medical cannabis is sold or | ||||||
3 | distributed or at the address of a principal officer, | ||||||
4 | agent, or employee or a medical cannabis organization;
| ||||||
5 | (4) hold a direct or indirect economic interest in a | ||||||
6 | cultivation center or dispensing organization if he or she | ||||||
7 | recommends the use of medical cannabis to qualified | ||||||
8 | patients or is in a partnership or other fee or | ||||||
9 | profit-sharing relationship with a certifying health care | ||||||
10 | professional who recommends medical cannabis, except for | ||||||
11 | the limited purpose of performing a medical | ||||||
12 | cannabis-related cannabis related research study;
| ||||||
13 | (5) serve on the board of directors or as an employee | ||||||
14 | of a cultivation center or dispensing organization;
| ||||||
15 | (6) refer patients to a cultivation center, a | ||||||
16 | dispensing organization, or a registered designated | ||||||
17 | caregiver;
or | ||||||
18 | (7) advertise in a cultivation center or a dispensing | ||||||
19 | organization.
| ||||||
20 | (c) The Department of Public Health may with reasonable | ||||||
21 | cause refer a certifying health care professional, who has | ||||||
22 | certified a debilitating medical condition of a patient, to | ||||||
23 | the Illinois Department of Financial and Professional | ||||||
24 | Regulation for potential violations of this Section.
| ||||||
25 | (d) Any violation of this Section or any other provision | ||||||
26 | of this Act or rules adopted under this Act is a violation of |
| |||||||
| |||||||
1 | the certifying health care professional's licensure act.
| ||||||
2 | (e) A certifying health care professional who certifies a | ||||||
3 | debilitating medical condition for a qualifying patient may | ||||||
4 | notify the Department of Public Health in writing: (1) if the | ||||||
5 | certifying health care professional has reason to believe | ||||||
6 | either that the
registered qualifying patient has ceased to | ||||||
7 | suffer from a
debilitating medical condition; (2) that the | ||||||
8 | bona fide health care professional-patient relationship has | ||||||
9 | terminated; or (3) that continued use of medical cannabis | ||||||
10 | would result in contraindication with the patient's
other | ||||||
11 | medication. The registered qualifying patient's registry
| ||||||
12 | identification card shall be revoked by the Department of | ||||||
13 | Public Health after receiving the certifying health care | ||||||
14 | professional's notification. | ||||||
15 | (f) Nothing in this Act shall preclude a certifying health | ||||||
16 | care professional from referring a patient for health | ||||||
17 | services, except when the referral is limited to certification | ||||||
18 | purposes only, under this Act. | ||||||
19 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
20 | revised 12-9-19.)
| ||||||
21 | (410 ILCS 130/36) | ||||||
22 | Sec. 36. Written certification. | ||||||
23 | (a) A certification confirming a patient's debilitating | ||||||
24 | medical condition shall be written on a form provided by the | ||||||
25 | Department of Public Health and shall include, at a minimum, |
| |||||||
| |||||||
1 | the following: | ||||||
2 | (1) the qualifying patient's name, date of birth, home | ||||||
3 | address, and primary telephone number; | ||||||
4 | (2) the certifying health care professional's name, | ||||||
5 | address, telephone number, email address, and medical, | ||||||
6 | advanced advance practice registered nurse, or physician | ||||||
7 | assistant license number, and the last 4 digits, only, of | ||||||
8 | his or her active controlled substances license under the | ||||||
9 | Illinois Controlled Substances Act and indication of | ||||||
10 | specialty or primary area of clinical practice, if any; | ||||||
11 | (3) the qualifying patient's debilitating medical | ||||||
12 | condition; | ||||||
13 | (4) a statement that the certifying health care | ||||||
14 | professional has confirmed a diagnosis of a debilitating | ||||||
15 | condition; is treating or managing treatment of the | ||||||
16 | patient's debilitating condition; has a bona fide health | ||||||
17 | care professional-patient relationship; has conducted an | ||||||
18 | in-person physical examination; and has conducted a review | ||||||
19 | of the patient's medical history, including reviewing | ||||||
20 | medical records from other treating health care | ||||||
21 | professionals, if any, from the previous 12 months; | ||||||
22 | (5) the certifying health care professional's | ||||||
23 | signature and date of certification; and | ||||||
24 | (6) a statement that a participant in possession of a | ||||||
25 | written certification indicating a debilitating medical | ||||||
26 | condition shall not be considered an unlawful user or |
| |||||||
| |||||||
1 | addicted to narcotics solely as a result of his or her | ||||||
2 | pending application to or participation in the | ||||||
3 | Compassionate Use of Medical Cannabis Program. | ||||||
4 | (b) A written certification does not constitute a | ||||||
5 | prescription for medical cannabis. | ||||||
6 | (c) Applications for qualifying patients under 18 years | ||||||
7 | old shall require a written certification from a certifying | ||||||
8 | health care professional and a reviewing certifying health | ||||||
9 | care professional. | ||||||
10 | (d) A certification confirming the patient's eligibility | ||||||
11 | to participate in the Opioid Alternative Pilot Program shall | ||||||
12 | be written on a form provided by the Department of Public | ||||||
13 | Health and shall include, at a minimum, the following: | ||||||
14 | (1) the participant's name, date of birth, home | ||||||
15 | address, and primary telephone number; | ||||||
16 | (2) the certifying health care professional's name, | ||||||
17 | address, telephone number, email address, and medical, | ||||||
18 | advanced advance practice registered nurse, or physician | ||||||
19 | assistant license number, and the last 4 digits, only, of | ||||||
20 | his or her active controlled substances license under the | ||||||
21 | Illinois Controlled Substances Act and indication of | ||||||
22 | specialty or primary area of clinical practice, if any; | ||||||
23 | (3) the certifying health care professional's | ||||||
24 | signature and date; | ||||||
25 | (4) the length of participation in the program, which | ||||||
26 | shall be limited to no more than 90 days; |
| |||||||
| |||||||
1 | (5) a statement identifying the patient has been | ||||||
2 | diagnosed with and is currently undergoing treatment for a | ||||||
3 | medical condition where an opioid has been or could be | ||||||
4 | prescribed; and | ||||||
5 | (6) a statement that a participant in possession of a | ||||||
6 | written certification indicating eligibility to | ||||||
7 | participate in the Opioid Alternative Pilot Program shall | ||||||
8 | not be considered an unlawful user or addicted to | ||||||
9 | narcotics solely as a result of his or her eligibility or | ||||||
10 | participation in the program. | ||||||
11 | (e) The Department of Public Health may provide a single | ||||||
12 | certification form for subsections (a) and (d) of this | ||||||
13 | Section, provided that all requirements of those subsections | ||||||
14 | are included on the form. | ||||||
15 | (f) The Department of Public Health shall not include the | ||||||
16 | word "cannabis" on any application forms or written | ||||||
17 | certification forms that it issues under this Section. | ||||||
18 | (g) A written certification does not constitute a | ||||||
19 | prescription. | ||||||
20 | (h) It is unlawful for any person to knowingly submit a | ||||||
21 | fraudulent certification to be a qualifying patient in the | ||||||
22 | Compassionate Use of Medical Cannabis Program or an Opioid | ||||||
23 | Alternative Pilot Program participant. A violation of this | ||||||
24 | subsection shall result in the person who has knowingly | ||||||
25 | submitted the fraudulent certification being permanently | ||||||
26 | banned from participating in the Compassionate Use of Medical |
| |||||||
| |||||||
1 | Cannabis Program or the Opioid Alternative Pilot Program.
| ||||||
2 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
3 | revised 12-9-19.)
| ||||||
4 | (410 ILCS 130/75)
| ||||||
5 | Sec. 75. Notifications to Department of Public Health and | ||||||
6 | responses; civil penalty. | ||||||
7 | (a) The following notifications and Department of Public | ||||||
8 | Health responses are required:
| ||||||
9 | (1) A registered qualifying patient shall notify the | ||||||
10 | Department of Public Health of any change in his or her | ||||||
11 | name or address, or if the registered qualifying patient | ||||||
12 | ceases to have his or her debilitating medical condition, | ||||||
13 | within 10 days of the change.
| ||||||
14 | (2) A registered designated caregiver shall notify the | ||||||
15 | Department of Public Health of any change in his or her | ||||||
16 | name or address, or if the designated caregiver becomes | ||||||
17 | aware the registered qualifying patient passed away, | ||||||
18 | within 10 days of the change.
| ||||||
19 | (3) Before a registered qualifying patient changes his | ||||||
20 | or her designated caregiver, the qualifying patient must | ||||||
21 | notify the Department of Public Health.
| ||||||
22 | (4) If a cardholder loses his or her registry | ||||||
23 | identification card, he or she shall notify the Department | ||||||
24 | within 10 days of becoming aware the card has been lost.
| ||||||
25 | (b) When a cardholder notifies the Department of Public |
| |||||||
| |||||||
1 | Health of items listed in subsection (a), but remains eligible | ||||||
2 | under this Act, the Department of Public Health shall issue | ||||||
3 | the cardholder a new registry identification card with a new | ||||||
4 | random alphanumeric identification number within 15 business | ||||||
5 | days of receiving the updated information and a fee as | ||||||
6 | specified in Department of Public Health rules. If the person | ||||||
7 | notifying the Department of Public Health is a registered | ||||||
8 | qualifying patient, the Department shall also issue his or her | ||||||
9 | registered designated caregiver, if any, a new registry | ||||||
10 | identification card within 15 business days of receiving the | ||||||
11 | updated information.
| ||||||
12 | (c) If a registered qualifying patient ceases to be a | ||||||
13 | registered qualifying patient or changes his or her registered | ||||||
14 | designated caregiver, the Department of Public Health shall | ||||||
15 | promptly notify the designated caregiver. The registered | ||||||
16 | designated caregiver's protections under this Act as to that | ||||||
17 | qualifying patient shall expire 15 days after notification by | ||||||
18 | the Department.
| ||||||
19 | (d) A cardholder who fails to make a notification to the | ||||||
20 | Department of Public Health that is required by this Section | ||||||
21 | is subject to a civil infraction, punishable by a penalty of no | ||||||
22 | more than $150.
| ||||||
23 | (e) A registered qualifying patient shall notify the | ||||||
24 | Department of Public Health of any change to his or her | ||||||
25 | designated registered dispensing organization. The Department | ||||||
26 | of Public Health shall provide for immediate changes of a |
| |||||||
| |||||||
1 | registered qualifying patient's designated registered | ||||||
2 | dispensing organization. Registered dispensing organizations | ||||||
3 | must comply with all requirements of this Act.
| ||||||
4 | (f) If the registered qualifying patient's certifying | ||||||
5 | certifying health care professional notifies the Department in | ||||||
6 | writing that either the registered qualifying patient has | ||||||
7 | ceased to suffer from a debilitating medical condition, that | ||||||
8 | the bona fide health care professional-patient relationship | ||||||
9 | has terminated, or that continued use of medical
cannabis | ||||||
10 | would result in contraindication with the patient's
other | ||||||
11 | medication, the card shall become null and void. However, the | ||||||
12 | registered qualifying patient shall have 15 days to destroy | ||||||
13 | his or her remaining medical cannabis and related | ||||||
14 | paraphernalia.
| ||||||
15 | (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; | ||||||
16 | revised 12-9-19.)
| ||||||
17 | (410 ILCS 130/160)
| ||||||
18 | Sec. 160. Annual reports. The Department of Public Health | ||||||
19 | shall submit to the General Assembly a report, by September 30 | ||||||
20 | of each year, that does not disclose any identifying | ||||||
21 | information about registered qualifying patients, registered | ||||||
22 | caregivers, or certifying health care professionals, but does | ||||||
23 | contain, at a minimum, all of the following information based | ||||||
24 | on the fiscal year for reporting purposes:
| ||||||
25 | (1) the number of applications and renewals filed for |
| |||||||
| |||||||
1 | registry identification cards or registrations;
| ||||||
2 | (2) the number of qualifying patients and designated | ||||||
3 | caregivers served by each dispensary during the report | ||||||
4 | year;
| ||||||
5 | (3) the nature of the debilitating medical conditions | ||||||
6 | of the qualifying patients;
| ||||||
7 | (4) the number of registry identification cards or | ||||||
8 | registrations revoked for misconduct;
| ||||||
9 | (5) the number of certifying health care professionals | ||||||
10 | providing written certifications for qualifying patients; | ||||||
11 | and
| ||||||
12 | (6) the number of registered medical cannabis | ||||||
13 | cultivation centers or registered dispensing | ||||||
14 | organizations; and
| ||||||
15 | (7) the number of Opioid Alternative Pilot
Program | ||||||
16 | participants. | ||||||
17 | (Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18; | ||||||
18 | 101-363, eff. 8-9-19; revised 12-9-19.)
| ||||||
19 | Section 635. The Infectious Disease Testing Act is amended | ||||||
20 | by changing Section 5 as follows:
| ||||||
21 | (410 ILCS 312/5)
| ||||||
22 | Sec. 5. Definitions. Definitions. As used in this Act: | ||||||
23 | "Health care provider" has the meaning ascribed to it | ||||||
24 | under HIPAA, as specified in 45 CFR 160.103. |
| |||||||
| |||||||
1 | "Health facility" means a hospital, nursing home, blood | ||||||
2 | bank, blood center, sperm bank, or other health care | ||||||
3 | institution, including any "health facility" as that term is | ||||||
4 | defined in the Illinois Finance Authority Act. | ||||||
5 | "HIPAA" means the Health Insurance Portability and | ||||||
6 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
7 | the Health Information Technology for Economic and Clinical | ||||||
8 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
9 | amendments thereto and any regulations promulgated thereunder. | ||||||
10 | "Law enforcement officer" means any person employed by the | ||||||
11 | State, a county, or a municipality as a policeman, peace | ||||||
12 | officer, auxiliary policeman, or correctional officer or in | ||||||
13 | some like position involving the enforcement of the law and | ||||||
14 | protection of the public interest at the risk of that person's | ||||||
15 | life.
| ||||||
16 | (Source: P.A. 100-270, eff. 8-22-17; revised 7-23-19.)
| ||||||
17 | Section 640. The Lupus Education and Awareness Act is | ||||||
18 | amended by changing Section 15 as follows:
| ||||||
19 | (410 ILCS 528/15)
| ||||||
20 | Sec. 15. Establishment of the Lupus Education and | ||||||
21 | Awareness Program.
| ||||||
22 | (a) Subject to appropriation, there is created within the | ||||||
23 | Department of Public Health the Lupus Education and Awareness | ||||||
24 | Program (LEAP). The Program shall be composed of various |
| |||||||
| |||||||
1 | components, including, but not limited to, public awareness | ||||||
2 | activities and professional education programs. Subject to | ||||||
3 | appropriation, the Interagency and Partnership Advisory Panel | ||||||
4 | on Lupus is created to oversee LEAP and advise the Department | ||||||
5 | in implementing LEAP. | ||||||
6 | (b) The Department shall establish, promote, and maintain | ||||||
7 | the Lupus Education and Awareness Program with an emphasis on | ||||||
8 | minority populations and at-risk communities in order to raise | ||||||
9 | public awareness, educate consumers, and educate and train | ||||||
10 | health professionals, human service providers, and other | ||||||
11 | audiences. | ||||||
12 | The Department shall work with a national organization | ||||||
13 | that deals with lupus to implement programs to raise public | ||||||
14 | awareness about the symptoms and nature of lupus, personal | ||||||
15 | risk factors, and options for diagnosing and treating the | ||||||
16 | disease, with a particular focus on populations at elevated | ||||||
17 | risk for lupus, including women and communities of color. | ||||||
18 | The Program shall include initiatives to educate and train | ||||||
19 | physicians, health care professionals, and other service | ||||||
20 | providers on the most up-to-date and accurate scientific and | ||||||
21 | medical information regarding lupus diagnosis, treatment, | ||||||
22 | risks and benefits of medications, research advances, and | ||||||
23 | therapeutic decision making, including medical best practices | ||||||
24 | for detecting and treating the disease in special populations. | ||||||
25 | These activities shall include, but not be limited to, all of | ||||||
26 | the following: |
| |||||||
| |||||||
1 | (1) Distribution of medically-sound health information | ||||||
2 | produced by a national organization that deals with lupus | ||||||
3 | and government agencies, including, but not limited to, | ||||||
4 | the National Institutes of Health, the Centers for Disease | ||||||
5 | Control and Prevention, and the Social Security | ||||||
6 | Administration, through local health departments, schools, | ||||||
7 | agencies on aging, employer wellness programs, physicians | ||||||
8 | and other health professionals, hospitals, health plans | ||||||
9 | and health maintenance organizations, women's health | ||||||
10 | programs, and nonprofit and community-based organizations. | ||||||
11 | (2) Development of educational materials for health | ||||||
12 | professionals that identify the latest scientific and | ||||||
13 | medical information and clinical applications. | ||||||
14 | (3) Working to increase knowledge among physicians, | ||||||
15 | nurses, and health and human services professionals about | ||||||
16 | the importance of lupus diagnosis, treatment, and | ||||||
17 | rehabilitation.
| ||||||
18 | (4) Support of continuing medical education programs | ||||||
19 | presented by the leading State academic institutions by | ||||||
20 | providing them with the most up-to-date information.
| ||||||
21 | (5) Providing statewide workshops and seminars for | ||||||
22 | in-depth professional development regarding the care and | ||||||
23 | management of patients with lupus in order to bring the | ||||||
24 | latest information on clinical advances to care providers.
| ||||||
25 | (6) Development and maintenance of a directory of | ||||||
26 | lupus-related services and lupus health care providers |
| |||||||
| |||||||
1 | with specialization in services to diagnose and treat | ||||||
2 | lupus. The Department shall disseminate this directory to | ||||||
3 | all stakeholders, including, but not limited to, | ||||||
4 | individuals with lupus, families, and representatives from | ||||||
5 | voluntary organizations, health care professionals, health | ||||||
6 | plans, and State and local health agencies. | ||||||
7 | (c) The Director shall do all of the following: | ||||||
8 | (1) Designate a person in the Department to oversee | ||||||
9 | the Program.
| ||||||
10 | (2) Identify the appropriate entities to carry out the | ||||||
11 | Program, including, but not limited to, the following: | ||||||
12 | local health departments, schools, agencies on aging, | ||||||
13 | employer wellness programs, physicians and other health | ||||||
14 | professionals, hospitals, health plans and health | ||||||
15 | maintenance organizations, women's health organizations, | ||||||
16 | and nonprofit and community-based organizations.
| ||||||
17 | (3) Base the Program on the most current scientific | ||||||
18 | information and findings.
| ||||||
19 | (4) Work with governmental entities, community and | ||||||
20 | business leaders, community organizations, health care and | ||||||
21 | human service providers, and national, State, and local | ||||||
22 | organizations to coordinate efforts to maximize State | ||||||
23 | resources in the areas of lupus education and awareness.
| ||||||
24 | (5) Use public health institutions for dissemination | ||||||
25 | of medically sound health materials.
| ||||||
26 | (d) The Department shall establish and coordinate the |
| |||||||
| |||||||
1 | Interagency and Partnership Advisory Panel on Lupus consisting | ||||||
2 | of 15 members, one of whom shall be appointed by the Director | ||||||
3 | as the chair.
The Panel shall be composed of: | ||||||
4 | (1) at least 3 individuals with lupus;
| ||||||
5 | (2) three representatives from relevant State agencies | ||||||
6 | including the Department;
| ||||||
7 | (3) three scientists with experience in lupus who | ||||||
8 | participate in various fields of scientific endeavor, | ||||||
9 | including, but not limited to, biomedical research, | ||||||
10 | social, translational, behavioral, and epidemiological | ||||||
11 | research, and public health;
| ||||||
12 | (4) two medical clinicians with experience in treating | ||||||
13 | people with lupus; and
| ||||||
14 | (5) four representatives from relevant nonprofit | ||||||
15 | women's and health organizations, including one | ||||||
16 | representative from a national organization that deals | ||||||
17 | with the treatment of lupus. | ||||||
18 | Individuals and organizations may submit nominations to | ||||||
19 | the Director to be named to the Panel. Such nominations may | ||||||
20 | include the following: | ||||||
21 | (i) representatives from appropriate State departments | ||||||
22 | and agencies, such as entities with responsibility for | ||||||
23 | health disparities, public health programs, education, | ||||||
24 | public welfare, and women's health programs; | ||||||
25 | (ii) health and medical professionals with expertise | ||||||
26 | in lupus; and |
| |||||||
| |||||||
1 | (iii) individuals with lupus, and recognized experts | ||||||
2 | in the provision of health services to women, lupus | ||||||
3 | research, or health disparities. | ||||||
4 | All members of the panel shall serve terms of 2 years. A | ||||||
5 | member may be appointed to serve not more than 2 terms, whether | ||||||
6 | or not consecutive.
A majority of the members of the panel | ||||||
7 | shall constitute a quorum. A majority vote of a quorum shall be | ||||||
8 | required for any official action of the Panel.
The Panel shall | ||||||
9 | meet at the call of the chair, but not less than 2 times per | ||||||
10 | year. All members shall serve without compensation, but shall | ||||||
11 | be entitled to actual, necessary expenses incurred in the | ||||||
12 | performance of their business as members of the Panel in | ||||||
13 | accordance with the reimbursement policies polices for the | ||||||
14 | State.
| ||||||
15 | (Source: P.A. 96-1108, eff. 1-1-11; revised 7-23-19.)
| ||||||
16 | Section 645. The Environmental Protection Act is amended | ||||||
17 | by setting forth, renumbering, and changing multiple versions | ||||||
18 | of Sections 9.16 and 22.59, by changing Sections 21, 21.7, | ||||||
19 | 22.23d, 39, and 40 as follows:
| ||||||
20 | (415 ILCS 5/9.16) | ||||||
21 | Sec. 9.16. Control of ethylene oxide sterilization | ||||||
22 | sources. | ||||||
23 | (a) As used in this Section: | ||||||
24 | "Ethylene oxide sterilization operations" means the |
| |||||||
| |||||||
1 | process of using ethylene oxide at an ethylene oxide | ||||||
2 | sterilization source to make one or more items free from | ||||||
3 | microorganisms, pathogens, or both microorganisms and | ||||||
4 | pathogens. | ||||||
5 | "Ethylene oxide sterilization source" means any stationary | ||||||
6 | source with ethylene oxide usage that would subject it to the | ||||||
7 | emissions standards in 40 CFR 63.362. "Ethylene oxide | ||||||
8 | sterilization source" does not include beehive fumigators, | ||||||
9 | research or laboratory facilities, hospitals, doctors' | ||||||
10 | offices, clinics, or other stationary sources for which the | ||||||
11 | primary purpose is to provide medical services to humans or | ||||||
12 | animals. | ||||||
13 | "Exhaust point" means any point through which ethylene | ||||||
14 | oxide-laden air exits an ethylene oxide sterilization source. | ||||||
15 | "Stationary source" has the meaning set forth in | ||||||
16 | subsection 1 of Section 39.5. | ||||||
17 | (b) Beginning 180 days after June 21, 2019 ( the effective | ||||||
18 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
19 | General Assembly , no person shall conduct ethylene oxide | ||||||
20 | sterilization operations, unless the ethylene oxide | ||||||
21 | sterilization source captures, and demonstrates that it | ||||||
22 | captures, 100% of all ethylene oxide emissions and reduces | ||||||
23 | ethylene oxide emissions to the atmosphere from each exhaust | ||||||
24 | point at the ethylene oxide sterilization source by at least | ||||||
25 | 99.9% or to 0.2 parts per million. | ||||||
26 | (1) Within 180 days after June 21, 2019 ( the effective |
| |||||||
| |||||||
1 | date of Public Act 101-22) this amendatory Act of the | ||||||
2 | 101st General Assembly for any existing ethylene oxide | ||||||
3 | sterilization source, or prior to any ethylene oxide | ||||||
4 | sterilization operation for any source that first becomes | ||||||
5 | subject to regulation after June 21, 2019 ( the effective | ||||||
6 | date of Public Act 101-22) this amendatory Act of the | ||||||
7 | 101st General Assembly as an ethylene oxide sterilization | ||||||
8 | source under this Section, the owner or operator of the | ||||||
9 | ethylene oxide sterilization source shall conduct an | ||||||
10 | initial emissions test in accordance with all of the | ||||||
11 | requirements set forth in this paragraph (1) to verify | ||||||
12 | that ethylene oxide emissions to the atmosphere from each | ||||||
13 | exhaust point at the ethylene oxide sterilization source | ||||||
14 | have been reduced by at least 99.9% or to 0.2 parts per | ||||||
15 | million: | ||||||
16 | (A) At least 30 days prior to the scheduled | ||||||
17 | emissions test date, the owner or operator of the | ||||||
18 | ethylene oxide sterilization source shall submit a | ||||||
19 | notification of the scheduled emissions test date and | ||||||
20 | a copy of the proposed emissions test protocol to the | ||||||
21 | Agency for review and written approval. Emissions test | ||||||
22 | protocols submitted to the Agency shall address the | ||||||
23 | manner in which testing will be conducted, including, | ||||||
24 | but not limited to: | ||||||
25 | (i) the name of the independent third party | ||||||
26 | company that will be performing sampling and |
| |||||||
| |||||||
1 | analysis and the company's experience with similar | ||||||
2 | emissions tests; | ||||||
3 | (ii) the methodologies to be used; | ||||||
4 | (iii) the conditions under which emissions | ||||||
5 | tests will be performed, including a discussion of | ||||||
6 | why these conditions will be representative of | ||||||
7 | maximum emissions from each of the 3 cycles of | ||||||
8 | operation (chamber evacuation, back vent, and | ||||||
9 | aeration) and the means by which the operating | ||||||
10 | parameters for the emission unit and any control | ||||||
11 | equipment will be determined; | ||||||
12 | (iv) the specific determinations of emissions | ||||||
13 | and operations that are intended to be made, | ||||||
14 | including sampling and monitoring locations; and | ||||||
15 | (v) any changes to the test method or methods | ||||||
16 | proposed to accommodate the specific circumstances | ||||||
17 | of testing, with justification. | ||||||
18 | (B) The owner or operator of the ethylene oxide | ||||||
19 | sterilization source shall perform emissions testing | ||||||
20 | in accordance with an Agency-approved test protocol | ||||||
21 | and at representative conditions to verify that | ||||||
22 | ethylene oxide emissions to the atmosphere from each | ||||||
23 | exhaust point at the ethylene oxide sterilization | ||||||
24 | source have been reduced by at least 99.9% or to 0.2 | ||||||
25 | parts per million. The duration of the test must | ||||||
26 | incorporate all 3 cycles of operation for |
| |||||||
| |||||||
1 | determination of the emission reduction efficiency. | ||||||
2 | (C) Upon Agency approval of the test protocol, any | ||||||
3 | source that first becomes subject to regulation after | ||||||
4 | June 21, 2019 ( the effective date of Public Act | ||||||
5 | 101-22) this amendatory Act of the 101st General | ||||||
6 | Assembly as an ethylene oxide sterilization source | ||||||
7 | under this Section may undertake ethylene oxide | ||||||
8 | sterilization operations in accordance with the | ||||||
9 | Agency-approved test protocol for the sole purpose of | ||||||
10 | demonstrating compliance with this subsection (b). | ||||||
11 | (D) The owner or operator of the ethylene oxide | ||||||
12 | sterilization source shall submit to the Agency the | ||||||
13 | results of any and all emissions testing conducted | ||||||
14 | after June 21, 2019 ( the effective date of Public Act | ||||||
15 | 101-22) this amendatory Act of the 101st General | ||||||
16 | Assembly , until the Agency accepts testing results | ||||||
17 | under subparagraph (E) of paragraph (1) of this | ||||||
18 | subsection (b), for any existing source or prior to | ||||||
19 | any ethylene oxide sterilization operation for any | ||||||
20 | source that first becomes subject to regulation after | ||||||
21 | June 21, 2019 ( the effective date of Public Act | ||||||
22 | 101-22) this amendatory Act of the 101st General | ||||||
23 | Assembly as an ethylene oxide sterilization source | ||||||
24 | under this Section. The results documentation shall | ||||||
25 | include at a minimum: | ||||||
26 | (i) a summary of results; |
| |||||||
| |||||||
1 | (ii) a description of test method or methods, | ||||||
2 | including description of sample points, sampling | ||||||
3 | train, analysis equipment, and test schedule; | ||||||
4 | (iii) a detailed description of test | ||||||
5 | conditions, including process information and | ||||||
6 | control equipment information; and | ||||||
7 | (iv) data and calculations, including copies | ||||||
8 | of all raw data sheets, opacity observation | ||||||
9 | records and records of laboratory analyses, sample | ||||||
10 | calculations, and equipment calibration. | ||||||
11 | (E) Within 30 days of receipt, the Agency shall | ||||||
12 | accept, accept with conditions, or decline to accept a | ||||||
13 | stack testing protocol and the testing results | ||||||
14 | submitted to demonstrate compliance with paragraph (1) | ||||||
15 | of this subsection (b). If the Agency accepts with | ||||||
16 | conditions or declines to accept the results | ||||||
17 | submitted, the owner or operator of the ethylene oxide | ||||||
18 | sterilization source shall submit revised results of | ||||||
19 | the emissions testing or conduct emissions testing | ||||||
20 | again. If the owner or operator revises the results, | ||||||
21 | the revised results shall be submitted within 15 days | ||||||
22 | after the owner or operator of the ethylene oxide | ||||||
23 | sterilization source receives written notice of the | ||||||
24 | Agency's conditional acceptance or rejection of the | ||||||
25 | emissions testing results. If the owner or operator | ||||||
26 | conducts emissions testing again, such new emissions |
| |||||||
| |||||||
1 | testing shall conform to the requirements of this | ||||||
2 | subsection (b). | ||||||
3 | (2) The owner or operator of the ethylene oxide | ||||||
4 | sterilization source shall conduct emissions testing on | ||||||
5 | all exhaust points at the ethylene oxide sterilization | ||||||
6 | source at least once each calendar year to demonstrate | ||||||
7 | compliance with the requirements of this Section and any | ||||||
8 | applicable requirements concerning ethylene oxide that are | ||||||
9 | set forth in either United States Environmental Protection | ||||||
10 | Agency rules or Board rules. Annual emissions tests | ||||||
11 | required under this paragraph (2) shall take place at | ||||||
12 | least 6 months apart. An initial emissions test conducted | ||||||
13 | under paragraph (1) of this subsection (b) satisfies the | ||||||
14 | testing requirement of this paragraph (2) for the calendar | ||||||
15 | year in which the initial emissions test is conducted. | ||||||
16 | (3) At least 30 days before conducting the annual | ||||||
17 | emissions test required under paragraph (2) of this | ||||||
18 | subsection (b), the owner or operator shall submit a | ||||||
19 | notification of the scheduled emissions test date and a | ||||||
20 | copy of the proposed emissions test protocol to the Agency | ||||||
21 | for review and written approval. Emissions test protocols | ||||||
22 | submitted to the Agency under this paragraph (3) must | ||||||
23 | address each item listed in subparagraph (A) of paragraph | ||||||
24 | (1) of this subsection (b). Emissions testing shall be | ||||||
25 | performed in accordance with an Agency-approved test | ||||||
26 | protocol and at representative conditions. In addition, as |
| |||||||
| |||||||
1 | soon as practicable, but no later than 30 days after the | ||||||
2 | emissions test date, the owner or operator shall submit to | ||||||
3 | the Agency the results of the emissions testing required | ||||||
4 | under paragraph (2) of this subsection (b). Such results | ||||||
5 | must include each item listed in subparagraph (D) of | ||||||
6 | paragraph (1) of this subsection (b). | ||||||
7 | (4) If the owner or operator of an ethylene oxide | ||||||
8 | sterilization source conducts any emissions testing in | ||||||
9 | addition to tests required by Public Act 101-22 this | ||||||
10 | amendatory Act of the 101st General Assembly , the owner or | ||||||
11 | operator shall submit to the Agency the results of such | ||||||
12 | emissions testing within 30 days after the emissions test | ||||||
13 | date. | ||||||
14 | (5) The Agency shall accept, accept with conditions, | ||||||
15 | or decline to accept testing results submitted to | ||||||
16 | demonstrate compliance with paragraph (2) of this | ||||||
17 | subsection (b). If the Agency accepts with conditions or | ||||||
18 | declines to accept the results submitted, the owner or | ||||||
19 | operator of the ethylene oxide sterilization source shall | ||||||
20 | submit revised results of the emissions testing or conduct | ||||||
21 | emissions testing again. If the owner or operator revises | ||||||
22 | the results, the revised results shall be submitted within | ||||||
23 | 15 days after the owner or operator of the ethylene oxide | ||||||
24 | sterilization source receives written notice of the | ||||||
25 | Agency's conditional acceptance or rejection of the | ||||||
26 | emissions testing results. If the owner or operator |
| |||||||
| |||||||
1 | conducts emissions testing again, such new emissions | ||||||
2 | testing shall conform to the requirements of this | ||||||
3 | subsection (b). | ||||||
4 | (c) If any emissions test conducted more than 180 days | ||||||
5 | after June 21, 2019 ( the effective date of Public Act 101-22) | ||||||
6 | this amendatory Act of the 101st General Assembly fails to | ||||||
7 | demonstrate that ethylene oxide emissions to the atmosphere | ||||||
8 | from each exhaust point at the ethylene oxide sterilization | ||||||
9 | source have been reduced by at least 99.9% or to 0.2 parts per | ||||||
10 | million, the owner or operator of the ethylene oxide | ||||||
11 | sterilization source shall immediately cease ethylene oxide | ||||||
12 | sterilization operations and notify the Agency within 24 hours | ||||||
13 | of becoming aware of the failed emissions test. Within 60 days | ||||||
14 | after the date of the test, the owner or operator of the | ||||||
15 | ethylene oxide sterilization source shall: | ||||||
16 | (1) complete an analysis to determine the root cause | ||||||
17 | of the failed emissions test; | ||||||
18 | (2) take any actions necessary to address that root | ||||||
19 | cause; | ||||||
20 | (3) submit a report to the Agency describing the | ||||||
21 | findings of the root cause analysis, any work undertaken | ||||||
22 | to address findings of the root cause analysis, and | ||||||
23 | identifying any feasible best management practices to | ||||||
24 | enhance capture and further reduce ethylene oxide levels | ||||||
25 | within the ethylene oxide sterilization source, including | ||||||
26 | a schedule for implementing such practices; and |
| |||||||
| |||||||
1 | (4) upon approval by the Agency of the report required | ||||||
2 | by paragraph (3) of this subsection, restart ethylene | ||||||
3 | oxide sterilization operations only to the extent | ||||||
4 | necessary to conduct additional emissions test or tests. | ||||||
5 | The ethylene oxide sterilization source shall conduct such | ||||||
6 | emissions test or tests under the same requirements as the | ||||||
7 | annual test described in paragraphs (2) and (3) of | ||||||
8 | subsection (b). The ethylene oxide sterilization source | ||||||
9 | may restart operations once an emissions test successfully | ||||||
10 | demonstrates that ethylene oxide emissions to the | ||||||
11 | atmosphere from each exhaust point at the ethylene oxide | ||||||
12 | sterilization source have been reduced by at least 99.9% | ||||||
13 | or to 0.2 parts per million, the source has submitted the | ||||||
14 | results of all emissions testing conducted under this | ||||||
15 | subsection to the Agency, and the Agency has approved the | ||||||
16 | results demonstrating compliance. | ||||||
17 | (d) Beginning 180 days after June 21, 2019 ( the effective | ||||||
18 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
19 | General Assembly for any existing source or prior to any | ||||||
20 | ethylene oxide sterilization operation for any source that | ||||||
21 | first becomes subject to regulation after June 21, 2019 ( the | ||||||
22 | effective date of Public Act 101-22) this amendatory Act of | ||||||
23 | the 101st General Assembly as an ethylene oxide sterilization | ||||||
24 | source under this Section, no person shall conduct ethylene | ||||||
25 | oxide sterilization operations unless the owner or operator of | ||||||
26 | the ethylene oxide sterilization source submits for review and |
| |||||||
| |||||||
1 | approval by the Agency a plan describing how the owner or | ||||||
2 | operator will continuously collect emissions information at | ||||||
3 | the ethylene oxide sterilization source. This plan must also | ||||||
4 | specify locations at the ethylene oxide sterilization source | ||||||
5 | from which emissions will be collected and identify equipment | ||||||
6 | used for collection and analysis, including the individual | ||||||
7 | system components. | ||||||
8 | (1) The owner or operator of the ethylene oxide | ||||||
9 | sterilization source must provide a notice of acceptance | ||||||
10 | of any conditions added by the Agency to the plan, or | ||||||
11 | correct any deficiencies identified by the Agency in the | ||||||
12 | plan, within 3 business days after receiving the Agency's | ||||||
13 | conditional acceptance or denial of the plan. | ||||||
14 | (2) Upon the Agency's approval of the plan, the owner | ||||||
15 | or operator of the ethylene oxide sterilization source | ||||||
16 | shall implement the plan in accordance with its approved | ||||||
17 | terms. | ||||||
18 | (e) Beginning 180 days after June 21, 2019 ( the effective | ||||||
19 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
20 | General Assembly for any existing source or prior to any | ||||||
21 | ethylene oxide sterilization operation for any source that | ||||||
22 | first becomes subject to regulation after June 21, 2019 ( the | ||||||
23 | effective date of Public Act 101-22) this amendatory Act of | ||||||
24 | the 101st General Assembly as an ethylene oxide sterilization | ||||||
25 | source under this Section, no person shall conduct ethylene | ||||||
26 | oxide sterilization operations unless the owner or operator of |
| |||||||
| |||||||
1 | the ethylene oxide sterilization source submits for review and | ||||||
2 | approval by the Agency an Ambient Air Monitoring Plan. | ||||||
3 | (1) The Ambient Air Monitoring Plan shall include, at | ||||||
4 | a minimum, the following: | ||||||
5 | (A) Detailed plans to collect and analyze air | ||||||
6 | samples for ethylene oxide on at least a quarterly | ||||||
7 | basis near the property boundaries of the ethylene | ||||||
8 | oxide sterilization source and at community locations | ||||||
9 | with the highest modeled impact pursuant to the | ||||||
10 | modeling conducted under subsection (f). Each | ||||||
11 | quarterly sampling under this subsection shall be | ||||||
12 | conducted over a multiple-day sampling period. | ||||||
13 | (B) A schedule for implementation. | ||||||
14 | (C) The name of the independent third party | ||||||
15 | company that will be performing sampling and analysis | ||||||
16 | and the company's experience with similar testing. | ||||||
17 | (2) The owner or operator of the ethylene oxide | ||||||
18 | sterilization source must provide a notice of acceptance | ||||||
19 | of any conditions added by the Agency to the Ambient Air | ||||||
20 | Monitoring Plan, or correct any deficiencies identified by | ||||||
21 | the Agency in the Ambient Air Monitoring Plan, within 3 | ||||||
22 | business days after receiving the Agency's conditional | ||||||
23 | acceptance or denial of the plan. | ||||||
24 | (3) Upon the Agency's approval of the plan, the owner | ||||||
25 | or operator of the ethylene oxide sterilization source | ||||||
26 | shall implement the Ambient Air Monitoring Plan in |
| |||||||
| |||||||
1 | accordance with its approved terms. | ||||||
2 | (f) Beginning 180 days after June 21, 2019 ( the effective | ||||||
3 | date of Public Act 101-22) this amendatory Act of the 101st | ||||||
4 | General Assembly for any existing source or prior to any | ||||||
5 | ethylene oxide sterilization operation for any source that | ||||||
6 | first becomes subject to regulation after June 21, 2019 ( the | ||||||
7 | effective date of Public Act 101-22) this amendatory Act of | ||||||
8 | the 101st General Assembly as an ethylene oxide sterilization | ||||||
9 | source under this Section, no person shall conduct ethylene | ||||||
10 | oxide sterilization operations unless the owner or operator of | ||||||
11 | the ethylene oxide sterilization source has performed | ||||||
12 | dispersion modeling and the Agency approves such modeling. | ||||||
13 | (1) Dispersion modeling must: | ||||||
14 | (A) be conducted using accepted United States | ||||||
15 | Environmental Protection Agency methodologies, | ||||||
16 | including 40 CFR Part 51, Appendix W, except that no | ||||||
17 | background ambient levels of ethylene oxide shall be | ||||||
18 | used; | ||||||
19 | (B) use emissions and stack parameter data from | ||||||
20 | the emissions test conducted in accordance with | ||||||
21 | paragraph (1) of subsection (b), and use 5 years of | ||||||
22 | hourly meteorological data that is representative of | ||||||
23 | the source's location; and | ||||||
24 | (C) use a receptor grid that extends to at least | ||||||
25 | one kilometer around the source and ensure the | ||||||
26 | modeling domain includes the area of maximum impact, |
| |||||||
| |||||||
1 | with receptor spacing no greater than every 50 meters | ||||||
2 | starting from the building walls of the source | ||||||
3 | extending out to a distance of at least one-half | ||||||
4 | kilometer, then every 100 meters extending out to a | ||||||
5 | distance of at least one kilometer. | ||||||
6 | (2) The owner or operator of the ethylene oxide | ||||||
7 | sterilization source shall submit revised results of all | ||||||
8 | modeling if the Agency accepts with conditions or declines | ||||||
9 | to accept the results submitted. | ||||||
10 | (g) A facility permitted to emit ethylene oxide that has | ||||||
11 | been subject to a seal order under Section 34 is prohibited | ||||||
12 | from using ethylene oxide for sterilization or fumigation | ||||||
13 | purposes, unless (i) the facility can provide a certification | ||||||
14 | to the Agency by the supplier of a product to be sterilized or | ||||||
15 | fumigated that ethylene oxide sterilization or fumigation is | ||||||
16 | the only available method to completely sterilize or fumigate | ||||||
17 | the product and (ii) the Agency has certified that the | ||||||
18 | facility's emission control system uses technology that | ||||||
19 | produces the greatest reduction in ethylene oxide emissions | ||||||
20 | currently available. The certification shall be made by a | ||||||
21 | company representative with knowledge of the sterilization | ||||||
22 | requirements of the product. The certification requirements of | ||||||
23 | this Section shall apply to any group of products packaged | ||||||
24 | together and sterilized as a single product if sterilization | ||||||
25 | or fumigation is the only available method to completely | ||||||
26 | sterilize or fumigate more than half of the individual |
| |||||||
| |||||||
1 | products contained in the package. | ||||||
2 | A facility is not subject to the requirements of this | ||||||
3 | subsection if the supporting findings of the seal order under | ||||||
4 | Section 34 are found to be without merit by a court of | ||||||
5 | competent jurisdiction. | ||||||
6 | (h) If an entity, or any parent or subsidiary of an entity, | ||||||
7 | that owns or operates a facility permitted by the Agency to | ||||||
8 | emit ethylene oxide acquires by purchase, license, or any | ||||||
9 | other method of acquisition any intellectual property right in | ||||||
10 | a sterilization technology that does not involve the use of | ||||||
11 | ethylene oxide, or by purchase, merger, or any other method of | ||||||
12 | acquisition of any entity that holds an intellectual property | ||||||
13 | right in a sterilization technology that does not involve the | ||||||
14 | use of ethylene oxide, that entity, parent, or subsidiary | ||||||
15 | shall notify the Agency of the acquisition within 30 days of | ||||||
16 | acquiring it. If that entity, parent, or subsidiary has not | ||||||
17 | used the sterilization technology within 3 years of its | ||||||
18 | acquisition, the entity shall notify the Agency within 30 days | ||||||
19 | of the 3-year period elapsing. | ||||||
20 | An entity, or any parent or subsidiary of an entity, that | ||||||
21 | owns or operates a facility permitted by the Agency to emit | ||||||
22 | ethylene oxide that has any intellectual property right in any | ||||||
23 | sterilization technology that does not involve the use of | ||||||
24 | ethylene oxide shall notify the Agency of any offers that it | ||||||
25 | makes to license or otherwise allow the technology to be used | ||||||
26 | by third parties within 30 days of making the offer. |
| |||||||
| |||||||
1 | An entity, or any parent or subsidiary of an entity, that | ||||||
2 | owns or operates a facility permitted by the Agency to emit | ||||||
3 | ethylene oxide shall provide the Agency with a list of all U.S. | ||||||
4 | patent registrations for sterilization technology that the | ||||||
5 | entity, parent, or subsidiary has any property right in. The | ||||||
6 | list shall include the following: | ||||||
7 | (1) The patent number assigned by the United States | ||||||
8 | Patent and Trademark Office for each patent. | ||||||
9 | (2) The date each patent was filed. | ||||||
10 | (3) The names and addresses of all owners or assignees | ||||||
11 | of each patent. | ||||||
12 | (4) The names and addresses of all inventors of each | ||||||
13 | patent. | ||||||
14 | (i) If a CAAPP permit applicant applies to use ethylene | ||||||
15 | oxide as a sterilant or fumigant at a facility not in existence | ||||||
16 | prior to January 1, 2020, the Agency shall issue a CAAPP permit | ||||||
17 | for emission of ethylene oxide only if: | ||||||
18 | (1) the nearest school or park is at least 10 miles | ||||||
19 | from the permit applicant in counties with populations | ||||||
20 | greater than 50,000; | ||||||
21 | (2) the nearest school or park is at least 15 miles | ||||||
22 | from the permit applicant in counties with populations | ||||||
23 | less than or equal to 50,000; and | ||||||
24 | (3) within 7 days after the application for a CAAPP | ||||||
25 | permit, the permit applicant has published its permit | ||||||
26 | request on its website, published notice in a local |
| |||||||
| |||||||
1 | newspaper of general circulation, and provided notice to: | ||||||
2 | (A) the State Representative for the | ||||||
3 | representative district in which the facility is | ||||||
4 | located; | ||||||
5 | (B) the State Senator for the legislative district | ||||||
6 | in which the facility is located; | ||||||
7 | (C) the members of the county board for the county | ||||||
8 | in which the facility is located; and | ||||||
9 | (D) the local municipal board members and | ||||||
10 | executives. | ||||||
11 | (j) The owner or operator of an ethylene oxide | ||||||
12 | sterilization source must apply for and obtain a construction | ||||||
13 | permit from the Agency for any modifications made to the | ||||||
14 | source to comply with the requirements of Public Act 101-22 | ||||||
15 | this amendatory Act of the 101st General Assembly , including, | ||||||
16 | but not limited to, installation of a permanent total | ||||||
17 | enclosure, modification of airflow to create negative pressure | ||||||
18 | within the source, and addition of one or more control | ||||||
19 | devices. Additionally, the owner or operator of the ethylene | ||||||
20 | oxide sterilization source must apply for and obtain from the | ||||||
21 | Agency a modification of the source's operating permit to | ||||||
22 | incorporate such modifications made to the source. Both the | ||||||
23 | construction permit and operating permit must include a limit | ||||||
24 | on ethylene oxide usage at the source. | ||||||
25 | (k) Nothing in this Section shall be interpreted to excuse | ||||||
26 | the ethylene oxide sterilization source from complying with |
| |||||||
| |||||||
1 | any applicable local requirements. | ||||||
2 | (l) The owner or operator of an ethylene oxide | ||||||
3 | sterilization source must notify the Agency within 5 days | ||||||
4 | after discovering any deviation from any of the requirements | ||||||
5 | in this Section or deviations from any applicable requirements | ||||||
6 | concerning ethylene oxide that are set forth in this Act, | ||||||
7 | United States Environmental Protection Agency rules, or Board | ||||||
8 | rules. As soon as practicable, but no later than 5 business | ||||||
9 | days, after the Agency receives such notification, the Agency | ||||||
10 | must post a notice on its website and notify the members of the | ||||||
11 | General Assembly from the Legislative and Representative | ||||||
12 | Districts in which the source in question is located, the | ||||||
13 | county board members of the county in which the source in | ||||||
14 | question is located, the corporate authorities of the | ||||||
15 | municipality in which the source in question is located, and | ||||||
16 | the Illinois Department of Public Health. | ||||||
17 | (m) The Agency must conduct at least one unannounced | ||||||
18 | inspection of all ethylene oxide sterilization sources subject | ||||||
19 | to this Section per year. Nothing in this Section shall limit | ||||||
20 | the Agency's authority under other provisions of this Act to | ||||||
21 | conduct inspections of ethylene oxide sterilization sources. | ||||||
22 | (n) The Agency shall conduct air testing to determine the | ||||||
23 | ambient levels of ethylene oxide throughout the State. The | ||||||
24 | Agency shall, within 180 days after June 21, 2019 ( the | ||||||
25 | effective date of Public Act 101-22) this amendatory Act of | ||||||
26 | the 101st General Assembly , submit rules for ambient air |
| |||||||
| |||||||
1 | testing of ethylene oxide to the Board.
| ||||||
2 | (Source: P.A. 101-22, eff. 6-21-19; revised 8-9-19.)
| ||||||
3 | (415 ILCS 5/9.17) | ||||||
4 | Sec. 9.17 9.16 . Nonnegligible ethylene oxide emissions | ||||||
5 | sources. | ||||||
6 | (a) In this Section, "nonnegligible ethylene oxide | ||||||
7 | emissions source" means an ethylene oxide emissions source | ||||||
8 | permitted by the Agency that currently emits more than 150 | ||||||
9 | pounds of ethylene oxide as reported on the source's 2017 | ||||||
10 | Toxic Release Inventory and is located in a county with a | ||||||
11 | population of at least 700,000 based on 2010 census data. | ||||||
12 | "Nonnegligible ethylene oxide emissions source" does not | ||||||
13 | include facilities that are ethylene oxide sterilization | ||||||
14 | sources or hospitals that are licensed under the Hospital | ||||||
15 | Licensing Act or operated under the University of Illinois | ||||||
16 | Hospital Act. | ||||||
17 | (b) Beginning 180 days after June 21, 2019 ( the effective | ||||||
18 | date of Public Act 101-23) this amendatory Act of the 101st | ||||||
19 | General Assembly , no nonnegligible ethylene oxide emissions | ||||||
20 | source shall conduct activities that cause ethylene oxide | ||||||
21 | emissions unless the owner or operator of the nonnegligible | ||||||
22 | ethylene oxide emissions source submits for review and | ||||||
23 | approval of the Agency a plan describing how the owner or | ||||||
24 | operator will continuously collect emissions information. The | ||||||
25 | plan must specify locations at the nonnegligible ethylene |
| |||||||
| |||||||
1 | oxide emissions source from which emissions will be collected | ||||||
2 | and identify equipment used for collection and analysis, | ||||||
3 | including the individual system components. | ||||||
4 | (1) The owner or operator of the nonnegligible | ||||||
5 | ethylene oxide emissions source must provide a notice of | ||||||
6 | acceptance of any conditions added by the Agency to the | ||||||
7 | plan or correct any deficiencies identified by the Agency | ||||||
8 | in the plan within 3 business days after receiving the | ||||||
9 | Agency's conditional acceptance or denial of the plan. | ||||||
10 | (2) Upon the Agency's approval of the plan the owner | ||||||
11 | or operator of the nonnegligible ethylene oxide emissions | ||||||
12 | source shall implement the plan in accordance with its | ||||||
13 | approved terms. | ||||||
14 | (c) Beginning 180 days after June 21, 2019 ( the effective | ||||||
15 | date of Public Act 101-23) this amendatory Act of the 101st | ||||||
16 | General Assembly , no nonnegligible ethylene oxide emissions | ||||||
17 | source shall conduct activities that cause ethylene oxide | ||||||
18 | emissions unless the owner or operator of the nonnegligible | ||||||
19 | ethylene oxide emissions source has performed dispersion | ||||||
20 | modeling and the Agency approves the dispersion modeling. | ||||||
21 | (1) Dispersion modeling must: | ||||||
22 | (A) be conducted using accepted United States | ||||||
23 | Environmental Protection Agency methodologies, | ||||||
24 | including Appendix W to 40 CFR 51, except that no | ||||||
25 | background ambient levels of ethylene oxide shall be | ||||||
26 | used; |
| |||||||
| |||||||
1 | (B) use emissions and stack parameter data from | ||||||
2 | any emissions test conducted and 5 years of hourly | ||||||
3 | meteorological data that is representative of the | ||||||
4 | nonnegligible ethylene oxide emissions source's | ||||||
5 | location; and | ||||||
6 | (C) use a receptor grid that extends to at least | ||||||
7 | one kilometer around the nonnegligible ethylene oxide | ||||||
8 | emissions source and ensures the modeling domain | ||||||
9 | includes the area of maximum impact, with receptor | ||||||
10 | spacing no greater than every 50 meters starting from | ||||||
11 | the building walls of the nonnegligible ethylene oxide | ||||||
12 | emissions source extending out to a distance of at | ||||||
13 | least 1/2 kilometer, then every 100 meters extending | ||||||
14 | out to a distance of at least one kilometer. | ||||||
15 | (2) The owner or operator of the nonnegligible | ||||||
16 | ethylene oxide emissions source shall submit revised | ||||||
17 | results of all modeling if the Agency accepts with | ||||||
18 | conditions or declines to accept the results submitted. | ||||||
19 | (d) Beginning 180 days after June 21, 2019 ( the effective | ||||||
20 | date of Public Act 101-23) this amendatory Act of the 101st | ||||||
21 | General Assembly , no nonnegligible ethylene oxide emissions | ||||||
22 | source shall conduct activities that cause ethylene oxide | ||||||
23 | emissions unless the owner or operator of the nonnegligible | ||||||
24 | ethylene oxide emissions source obtains a permit consistent | ||||||
25 | with the requirements in this Section from the Agency to | ||||||
26 | conduct activities that may result in the emission of ethylene |
| |||||||
| |||||||
1 | oxide. | ||||||
2 | (e) The Agency in issuing the applicable permits to a | ||||||
3 | nonnegligible ethylene oxide emissions source shall: | ||||||
4 | (1) impose a site-specific annual cap on ethylene | ||||||
5 | oxide emissions set to protect the public health; and | ||||||
6 | (2) include permit conditions granting the Agency the | ||||||
7 | authority to reopen the permit if the Agency determines | ||||||
8 | that the emissions of ethylene oxide from the permitted | ||||||
9 | nonnegligible ethylene oxide emissions source pose a risk | ||||||
10 | to the public health as defined by the Agency.
| ||||||
11 | (Source: P.A. 101-23, eff. 6-21-19; revised 8-9-19.)
| ||||||
12 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| ||||||
13 | Sec. 21. Prohibited acts. No person shall:
| ||||||
14 | (a) Cause or allow the open dumping of any waste.
| ||||||
15 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
16 | highways or
other public property, except in a sanitary | ||||||
17 | landfill approved by the
Agency pursuant to regulations | ||||||
18 | adopted by the Board.
| ||||||
19 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
20 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted | ||||||
21 | by the 76th General
Assembly.
| ||||||
22 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
23 | waste-disposal
operation:
| ||||||
24 | (1) without a permit granted by the Agency or in | ||||||
25 | violation of any
conditions imposed by such permit, |
| |||||||
| |||||||
1 | including periodic reports and full
access to adequate | ||||||
2 | records and the inspection of facilities, as may be
| ||||||
3 | necessary to assure compliance with this Act and with | ||||||
4 | regulations and
standards adopted thereunder; provided, | ||||||
5 | however, that, except for municipal
solid waste landfill | ||||||
6 | units that receive waste on or after October 9, 1993, and | ||||||
7 | CCR surface impoundments,
no permit shall be
required for | ||||||
8 | (i) any person conducting a waste-storage, | ||||||
9 | waste-treatment, or
waste-disposal operation for wastes | ||||||
10 | generated by such person's own
activities which are | ||||||
11 | stored, treated, or disposed within the site where
such | ||||||
12 | wastes are generated, or (ii)
a facility located in a | ||||||
13 | county with a
population over 700,000 as of January 1, | ||||||
14 | 2000, operated and located in accordance with
Section | ||||||
15 | 22.38 of this Act, and used exclusively for the transfer, | ||||||
16 | storage, or
treatment of general construction or | ||||||
17 | demolition debris, provided that the facility was | ||||||
18 | receiving construction or demolition debris on August 24, | ||||||
19 | 2009 ( the effective date of Public Act 96-611) this | ||||||
20 | amendatory Act of the 96th General Assembly ;
| ||||||
21 | (2) in violation of any regulations or standards | ||||||
22 | adopted by the
Board under this Act; or
| ||||||
23 | (3) which receives waste after August 31, 1988, does | ||||||
24 | not have a permit
issued by the Agency, and is (i) a | ||||||
25 | landfill used exclusively for the
disposal of waste | ||||||
26 | generated at the site, (ii) a surface impoundment
|
| |||||||
| |||||||
1 | receiving special waste not listed in an NPDES permit, | ||||||
2 | (iii) a waste pile
in which the total volume of waste is | ||||||
3 | greater than 100 cubic yards or the
waste is stored for | ||||||
4 | over one year, or (iv) a land treatment facility
receiving | ||||||
5 | special waste generated at the site; without giving notice | ||||||
6 | of the
operation to the Agency by January 1, 1989, or 30 | ||||||
7 | days after the date on
which the operation commences, | ||||||
8 | whichever is later, and every 3 years
thereafter. The form | ||||||
9 | for such notification shall be specified by the
Agency, | ||||||
10 | and shall be limited to information regarding: the name | ||||||
11 | and address
of the location of the operation; the type of | ||||||
12 | operation; the types and
amounts of waste stored, treated | ||||||
13 | or disposed of on an annual basis; the
remaining capacity | ||||||
14 | of the operation; and the remaining expected life of
the | ||||||
15 | operation.
| ||||||
16 | Item (3) of this subsection (d) shall not apply to any | ||||||
17 | person
engaged in agricultural activity who is disposing of a | ||||||
18 | substance that
constitutes solid waste, if the substance was | ||||||
19 | acquired for use by that
person on his own property, and the | ||||||
20 | substance is disposed of on his own
property in accordance | ||||||
21 | with regulations or standards adopted by the Board.
| ||||||
22 | This subsection (d) shall not apply to hazardous waste.
| ||||||
23 | (e) Dispose, treat, store or abandon any waste, or | ||||||
24 | transport any waste
into this State for disposal, treatment, | ||||||
25 | storage or abandonment, except at
a site or facility which | ||||||
26 | meets the requirements of this Act and of
regulations and |
| |||||||
| |||||||
1 | standards thereunder.
| ||||||
2 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
3 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
4 | (1) without a RCRA permit for the site issued by the | ||||||
5 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
6 | in violation of any condition
imposed by such permit, | ||||||
7 | including periodic reports and full access to
adequate | ||||||
8 | records and the inspection of facilities, as may be | ||||||
9 | necessary to
assure compliance with this Act and with | ||||||
10 | regulations and standards adopted
thereunder; or
| ||||||
11 | (2) in violation of any regulations or standards | ||||||
12 | adopted by the Board
under this Act; or
| ||||||
13 | (3) in violation of any RCRA permit filing requirement | ||||||
14 | established under
standards adopted by the Board under | ||||||
15 | this Act; or
| ||||||
16 | (4) in violation of any order adopted by the Board | ||||||
17 | under this Act.
| ||||||
18 | Notwithstanding the above, no RCRA permit shall be | ||||||
19 | required under this
subsection or subsection (d) of Section 39 | ||||||
20 | of this Act for any
person engaged in agricultural activity | ||||||
21 | who is disposing of a substance
which has been identified as a | ||||||
22 | hazardous waste, and which has been
designated by Board | ||||||
23 | regulations as being subject to this exception, if the
| ||||||
24 | substance was acquired for use by that person on his own | ||||||
25 | property and the
substance is disposed of on his own property | ||||||
26 | in accordance with regulations
or standards adopted by the |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
3 | (1) without registering with and obtaining a special | ||||||
4 | waste hauling permit from the Agency in
accordance with | ||||||
5 | the regulations adopted by the Board under this Act; or
| ||||||
6 | (2) in violation of any regulations or standards | ||||||
7 | adopted by
the
Board under this Act.
| ||||||
8 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
9 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
10 | violation of any regulations, standards
or permit requirements | ||||||
11 | adopted by the Board under this Act.
| ||||||
12 | (i) Conduct any process or engage in any act which | ||||||
13 | produces hazardous
waste in violation of any regulations or | ||||||
14 | standards adopted by the Board
under subsections (a) and (c) | ||||||
15 | of Section 22.4 of this Act.
| ||||||
16 | (j) Conduct any special waste-transportation waste | ||||||
17 | transportation operation in violation
of any regulations, | ||||||
18 | standards or permit requirements adopted by the Board
under | ||||||
19 | this Act. However, sludge from a water or sewage treatment | ||||||
20 | plant
owned and operated by a unit of local government which | ||||||
21 | (1) is subject to a
sludge management plan approved by the | ||||||
22 | Agency or a permit granted by the
Agency, and (2) has been | ||||||
23 | tested and determined not to be a hazardous waste
as required | ||||||
24 | by applicable State and federal laws and regulations, may be
| ||||||
25 | transported in this State without a special waste hauling | ||||||
26 | permit, and the
preparation and carrying of a manifest shall |
| |||||||
| |||||||
1 | not be required for such
sludge under the rules of the | ||||||
2 | Pollution Control Board. The unit of local
government which | ||||||
3 | operates the treatment plant producing such sludge shall
file | ||||||
4 | an annual report with the Agency identifying the volume of | ||||||
5 | such
sludge transported during the reporting period, the | ||||||
6 | hauler of the sludge,
and the disposal sites to which it was | ||||||
7 | transported. This subsection (j)
shall not apply to hazardous | ||||||
8 | waste.
| ||||||
9 | (k) Fail or refuse to pay any fee imposed under this Act.
| ||||||
10 | (l) Locate a hazardous waste disposal site above an active | ||||||
11 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
12 | active fault in
the earth's crust. In counties of population | ||||||
13 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
14 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
15 | defined on June 30, 1978, of any municipality
without the | ||||||
16 | approval of the governing body of the municipality in an
| ||||||
17 | official action; or (2) within 1000 feet of an existing | ||||||
18 | private well or
the existing source of a public water supply | ||||||
19 | measured from the boundary
of the actual active permitted site | ||||||
20 | and excluding existing private wells
on the property of the | ||||||
21 | permit applicant. The provisions of this
subsection do not | ||||||
22 | apply to publicly owned publicly-owned sewage works or the | ||||||
23 | disposal
or utilization of sludge from publicly owned | ||||||
24 | publicly-owned sewage works.
| ||||||
25 | (m) Transfer interest in any land which has been used as a
| ||||||
26 | hazardous waste disposal site without written notification to |
| |||||||
| |||||||
1 | the Agency
of the transfer and to the transferee of the | ||||||
2 | conditions imposed by the Agency
upon its use under subsection | ||||||
3 | (g) of Section 39.
| ||||||
4 | (n) Use any land which has been used as a hazardous waste
| ||||||
5 | disposal site except in compliance with conditions imposed by | ||||||
6 | the Agency
under subsection (g) of Section 39.
| ||||||
7 | (o) Conduct a sanitary landfill operation which is | ||||||
8 | required to have a
permit under subsection (d) of this | ||||||
9 | Section, in a manner which results in
any of the following | ||||||
10 | conditions:
| ||||||
11 | (1) refuse in standing or flowing waters;
| ||||||
12 | (2) leachate flows entering waters of the State;
| ||||||
13 | (3) leachate flows exiting the landfill confines (as | ||||||
14 | determined by the
boundaries established for the landfill | ||||||
15 | by a permit issued by the Agency);
| ||||||
16 | (4) open burning of refuse in violation of Section 9 | ||||||
17 | of this Act;
| ||||||
18 | (5) uncovered refuse remaining from any previous | ||||||
19 | operating day or at the
conclusion of any operating day, | ||||||
20 | unless authorized by permit;
| ||||||
21 | (6) failure to provide final cover within time limits | ||||||
22 | established by
Board regulations;
| ||||||
23 | (7) acceptance of wastes without necessary permits;
| ||||||
24 | (8) scavenging as defined by Board regulations;
| ||||||
25 | (9) deposition of refuse in any unpermitted portion of | ||||||
26 | the landfill;
|
| |||||||
| |||||||
1 | (10) acceptance of a special waste without a required | ||||||
2 | manifest;
| ||||||
3 | (11) failure to submit reports required by permits or | ||||||
4 | Board regulations;
| ||||||
5 | (12) failure to collect and contain litter from the | ||||||
6 | site by the end of
each operating day;
| ||||||
7 | (13) failure to submit any cost estimate for the site | ||||||
8 | or any performance
bond or other security for the site as | ||||||
9 | required by this Act or Board rules.
| ||||||
10 | The prohibitions specified in this subsection (o) shall be | ||||||
11 | enforceable by
the Agency either by administrative citation | ||||||
12 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
13 | Act. The specific prohibitions in this
subsection do not limit | ||||||
14 | the power of the Board to establish regulations
or standards | ||||||
15 | applicable to sanitary landfills.
| ||||||
16 | (p) In violation of subdivision (a) of this Section, cause | ||||||
17 | or allow the
open dumping of any waste in a manner which | ||||||
18 | results in any of the following
occurrences at the dump site:
| ||||||
19 | (1) litter;
| ||||||
20 | (2) scavenging;
| ||||||
21 | (3) open burning;
| ||||||
22 | (4) deposition of waste in standing or flowing waters;
| ||||||
23 | (5) proliferation of disease vectors;
| ||||||
24 | (6) standing or flowing liquid discharge from the dump | ||||||
25 | site;
| ||||||
26 | (7) deposition of:
|
| |||||||
| |||||||
1 | (i) general construction or demolition debris as | ||||||
2 | defined in Section
3.160(a) of this Act; or
| ||||||
3 | (ii) clean construction or demolition debris as | ||||||
4 | defined in Section
3.160(b) of this Act.
| ||||||
5 | The prohibitions specified in this subsection (p) shall be
| ||||||
6 | enforceable by the Agency either by administrative citation | ||||||
7 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
8 | Act. The specific
prohibitions in this subsection do not limit | ||||||
9 | the power of the Board to
establish regulations or standards | ||||||
10 | applicable to open dumping.
| ||||||
11 | (q) Conduct a landscape waste composting operation without | ||||||
12 | an Agency
permit, provided, however, that no permit shall be | ||||||
13 | required for any person:
| ||||||
14 | (1) conducting a landscape waste composting operation | ||||||
15 | for landscape
wastes generated by such person's own | ||||||
16 | activities which are stored, treated,
or disposed of | ||||||
17 | within the site where such wastes are generated; or
| ||||||
18 | (1.5) conducting a landscape waste composting | ||||||
19 | operation that (i) has no more than 25 cubic yards of | ||||||
20 | landscape waste, composting additives, composting | ||||||
21 | material, or end-product compost on-site at any one time | ||||||
22 | and (ii) is not engaging in commercial activity; or | ||||||
23 | (2) applying landscape waste or composted landscape | ||||||
24 | waste at agronomic
rates; or
| ||||||
25 | (2.5) operating a landscape waste composting facility | ||||||
26 | at a site having 10 or more occupied non-farm residences |
| |||||||
| |||||||
1 | within 1/2 mile of its boundaries, if the facility meets | ||||||
2 | all of the following criteria: | ||||||
3 | (A) the composting facility is operated by the | ||||||
4 | farmer on property on which the composting material is | ||||||
5 | utilized, and the composting facility
constitutes no | ||||||
6 | more than 2% of the site's total acreage; | ||||||
7 | (A-5) any composting additives that the composting | ||||||
8 | facility accepts and uses at the facility are | ||||||
9 | necessary to provide proper conditions for composting | ||||||
10 | and do not exceed 10% of the total composting material | ||||||
11 | at the facility at any one time; | ||||||
12 | (B) the property on which the composting facility | ||||||
13 | is located, and any associated property on which the | ||||||
14 | compost is used, is principally and diligently devoted | ||||||
15 | to the production of agricultural crops and is not | ||||||
16 | owned, leased, or otherwise controlled by any waste | ||||||
17 | hauler or generator of nonagricultural compost | ||||||
18 | materials, and the operator of the composting facility | ||||||
19 | is not an employee, partner, shareholder, or in any | ||||||
20 | way connected with or controlled by any such waste | ||||||
21 | hauler or generator; | ||||||
22 | (C) all compost generated by the composting | ||||||
23 | facility is applied at agronomic rates and used as | ||||||
24 | mulch, fertilizer, or soil conditioner on land | ||||||
25 | actually farmed by the person operating the composting | ||||||
26 | facility, and the finished compost is not stored at |
| |||||||
| |||||||
1 | the composting site for a period longer than 18 months | ||||||
2 | prior to its application as mulch, fertilizer, or soil | ||||||
3 | conditioner; | ||||||
4 | (D) no fee is charged for the acceptance of | ||||||
5 | materials to be composted at the facility; and | ||||||
6 | (E) the owner or operator, by January 1, 2014 (or | ||||||
7 | the January 1
following commencement of operation, | ||||||
8 | whichever is later) and January 1 of
each year | ||||||
9 | thereafter, registers the site with the Agency, (ii) | ||||||
10 | reports to the Agency on the volume of composting | ||||||
11 | material received and used at the site; (iii) | ||||||
12 | certifies to the Agency that the site complies with | ||||||
13 | the
requirements set forth in subparagraphs (A), | ||||||
14 | (A-5), (B), (C), and (D) of this paragraph
(2.5); and | ||||||
15 | (iv) certifies to the Agency that all composting | ||||||
16 | material was placed more than 200 feet from the | ||||||
17 | nearest potable water supply well, was placed outside | ||||||
18 | the boundary of the 10-year floodplain or on a part of | ||||||
19 | the site that is floodproofed, was placed at least 1/4 | ||||||
20 | mile from the nearest residence (other than a | ||||||
21 | residence located on the same property as the | ||||||
22 | facility) or a lesser distance from the nearest | ||||||
23 | residence (other than a residence located on the same | ||||||
24 | property as the facility) if the municipality in which | ||||||
25 | the facility is located has by ordinance approved a | ||||||
26 | lesser distance than 1/4 mile, and was placed more |
| |||||||
| |||||||
1 | than 5 feet above the water table; any ordinance | ||||||
2 | approving a residential setback of less than 1/4 mile | ||||||
3 | that is used to meet the requirements of this | ||||||
4 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
5 | must specifically reference this paragraph; or | ||||||
6 | (3) operating a landscape waste composting facility on | ||||||
7 | a farm, if the
facility meets all of the following | ||||||
8 | criteria:
| ||||||
9 | (A) the composting facility is operated by the | ||||||
10 | farmer on property on
which the composting material is | ||||||
11 | utilized, and the composting facility
constitutes no | ||||||
12 | more than 2% of the property's total acreage, except | ||||||
13 | that
the Board may allow a higher percentage for | ||||||
14 | individual sites where the owner
or operator has | ||||||
15 | demonstrated to the Board that the site's soil
| ||||||
16 | characteristics or crop needs require a higher rate;
| ||||||
17 | (A-1) the composting facility accepts from other | ||||||
18 | agricultural operations for composting with landscape | ||||||
19 | waste no materials other than uncontaminated and | ||||||
20 | source-separated (i) crop residue and other | ||||||
21 | agricultural plant residue generated from the | ||||||
22 | production and harvesting of crops and other customary | ||||||
23 | farm practices, including, but not limited to, stalks, | ||||||
24 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
25 | plant-derived animal bedding, such as straw or | ||||||
26 | sawdust, that is free of manure and was not made from |
| |||||||
| |||||||
1 | painted or treated wood; | ||||||
2 | (A-2) any composting additives that the composting | ||||||
3 | facility accepts and uses at the facility are | ||||||
4 | necessary to provide proper conditions for composting | ||||||
5 | and do not exceed 10% of the total composting material | ||||||
6 | at the facility at any one time; | ||||||
7 | (B) the property on which the composting facility | ||||||
8 | is located, and any
associated property on which the | ||||||
9 | compost is used, is principally and
diligently devoted | ||||||
10 | to the production of agricultural crops and
is not | ||||||
11 | owned, leased or otherwise controlled by any waste | ||||||
12 | hauler
or generator of nonagricultural compost | ||||||
13 | materials, and the operator of the
composting facility | ||||||
14 | is not an employee, partner, shareholder, or in any | ||||||
15 | way
connected with or controlled by any such waste | ||||||
16 | hauler or generator;
| ||||||
17 | (C) all compost generated by the composting | ||||||
18 | facility is applied at
agronomic rates and used as | ||||||
19 | mulch, fertilizer or soil conditioner on land
actually | ||||||
20 | farmed by the person operating the composting | ||||||
21 | facility, and the
finished compost is not stored at | ||||||
22 | the composting site for a period longer
than 18 months | ||||||
23 | prior to its application as mulch, fertilizer, or soil | ||||||
24 | conditioner;
| ||||||
25 | (D) the owner or operator, by January 1 of
each | ||||||
26 | year, (i) registers the site with the Agency, (ii) |
| |||||||
| |||||||
1 | reports
to the Agency on the volume of composting | ||||||
2 | material received and used at the
site, (iii) | ||||||
3 | certifies to the Agency that the site complies with | ||||||
4 | the
requirements set forth in subparagraphs (A), | ||||||
5 | (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), | ||||||
6 | and (iv) certifies to the Agency that all composting | ||||||
7 | material: | ||||||
8 | (I) was
placed more than 200 feet from the | ||||||
9 | nearest potable water supply well; | ||||||
10 | (II) was
placed outside the boundary of the | ||||||
11 | 10-year floodplain or on a part of the
site that is | ||||||
12 | floodproofed; | ||||||
13 | (III) was placed either (aa) at least 1/4 mile | ||||||
14 | from the nearest
residence (other than a residence | ||||||
15 | located on the same property as the
facility) and | ||||||
16 | there are not more than 10 occupied non-farm | ||||||
17 | residences
within 1/2 mile of the boundaries of | ||||||
18 | the site on the date of application or (bb) a | ||||||
19 | lesser distance from the nearest residence (other | ||||||
20 | than a residence located on the same property as | ||||||
21 | the facility) provided that the municipality or | ||||||
22 | county in which the facility is located has by | ||||||
23 | ordinance approved a lesser distance than 1/4 mile | ||||||
24 | and there are not more than 10 occupied non-farm | ||||||
25 | residences
within 1/2 mile of the boundaries of | ||||||
26 | the site on the date of application;
and |
| |||||||
| |||||||
1 | (IV) was placed more than 5 feet above the | ||||||
2 | water table. | ||||||
3 | Any ordinance approving a residential setback of | ||||||
4 | less than 1/4 mile that is used to meet the | ||||||
5 | requirements of this subparagraph (D) must | ||||||
6 | specifically reference this subparagraph.
| ||||||
7 | For the purposes of this subsection (q), "agronomic rates" | ||||||
8 | means the
application of not more than 20 tons per acre per | ||||||
9 | year, except that the
Board may allow a higher rate for | ||||||
10 | individual sites where the owner or
operator has demonstrated | ||||||
11 | to the Board that the site's soil
characteristics or crop | ||||||
12 | needs require a higher rate.
| ||||||
13 | (r) Cause or allow the storage or disposal of coal | ||||||
14 | combustion
waste unless:
| ||||||
15 | (1) such waste is stored or disposed of at a site or
| ||||||
16 | facility for which
a permit has been obtained or is not | ||||||
17 | otherwise required under subsection
(d) of this Section; | ||||||
18 | or
| ||||||
19 | (2) such waste is stored or disposed of as a part of
| ||||||
20 | the design and
reclamation of a site or facility which is | ||||||
21 | an abandoned mine site in
accordance with the Abandoned | ||||||
22 | Mined Lands and Water Reclamation Act; or
| ||||||
23 | (3) such waste is stored or disposed of at a site or
| ||||||
24 | facility which is
operating under NPDES and Subtitle D | ||||||
25 | permits issued by the Agency pursuant
to regulations | ||||||
26 | adopted by the Board for mine-related water pollution and
|
| |||||||
| |||||||
1 | permits issued pursuant to the federal Federal Surface | ||||||
2 | Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or | ||||||
3 | the rules and regulations
thereunder or any law or rule or | ||||||
4 | regulation adopted by the State of
Illinois pursuant | ||||||
5 | thereto, and the owner or operator of the facility agrees
| ||||||
6 | to accept the waste; and either :
| ||||||
7 | (i) such waste is stored or disposed of in | ||||||
8 | accordance
with requirements
applicable to refuse | ||||||
9 | disposal under regulations adopted by the Board for
| ||||||
10 | mine-related water pollution and pursuant to NPDES and | ||||||
11 | Subtitle D permits
issued by the Agency under such | ||||||
12 | regulations; or
| ||||||
13 | (ii) the owner or operator of the facility | ||||||
14 | demonstrates all of the
following to the Agency, and | ||||||
15 | the facility is operated in accordance with
the | ||||||
16 | demonstration as approved by the Agency: (1) the | ||||||
17 | disposal area will be
covered in a manner that will | ||||||
18 | support continuous vegetation, (2) the
facility will | ||||||
19 | be adequately protected from wind and water erosion, | ||||||
20 | (3) the
pH will be maintained so as to prevent | ||||||
21 | excessive leaching of metal ions,
and (4) adequate | ||||||
22 | containment or other measures will be provided to | ||||||
23 | protect
surface water and groundwater from | ||||||
24 | contamination at levels prohibited by
this Act, the | ||||||
25 | Illinois Groundwater Protection Act, or regulations | ||||||
26 | adopted
pursuant thereto.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Title, the | ||||||
2 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
3 | of this
subdivision (r) shall
be exempt from the other | ||||||
4 | provisions of this Title V, and notwithstanding
the provisions | ||||||
5 | of Title X of this Act, the Agency is authorized to grant
| ||||||
6 | experimental permits which include provision for the disposal | ||||||
7 | of
wastes from the combustion of coal and other materials | ||||||
8 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
9 | (s) After April 1, 1989, offer for transportation, | ||||||
10 | transport, deliver,
receive or accept special waste for which | ||||||
11 | a manifest is required, unless
the manifest indicates that the | ||||||
12 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
13 | (t) Cause or allow a lateral expansion of a municipal | ||||||
14 | solid waste landfill
unit on or after October 9, 1993, without | ||||||
15 | a permit modification, granted by the
Agency, that authorizes | ||||||
16 | the lateral expansion.
| ||||||
17 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
18 | disposal or
transportation operation in violation of any | ||||||
19 | regulation, standards or permit
requirements adopted by the | ||||||
20 | Board under this Act. However, no permit shall be
required | ||||||
21 | under this Title V for the land application of vegetable | ||||||
22 | by-products
conducted pursuant to Agency permit issued under | ||||||
23 | Title III of this Act to
the generator of the vegetable | ||||||
24 | by-products. In addition, vegetable by-products
may be | ||||||
25 | transported in this State without a special waste hauling | ||||||
26 | permit, and
without the preparation and carrying of a |
| |||||||
| |||||||
1 | manifest.
| ||||||
2 | (v) (Blank).
| ||||||
3 | (w) Conduct any generation, transportation, or recycling | ||||||
4 | of construction or
demolition debris, clean or general, or | ||||||
5 | uncontaminated soil generated during
construction, remodeling, | ||||||
6 | repair, and demolition of utilities, structures, and
roads | ||||||
7 | that is not commingled with any waste, without the maintenance | ||||||
8 | of
documentation identifying the hauler, generator, place of | ||||||
9 | origin of the debris
or soil, the weight or volume of the | ||||||
10 | debris or soil, and the location, owner,
and operator of the | ||||||
11 | facility where the debris or soil was transferred,
disposed, | ||||||
12 | recycled, or treated. This documentation must be maintained by | ||||||
13 | the
generator, transporter, or recycler for 3 years.
This | ||||||
14 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
15 | control
facility that transfers or accepts construction or | ||||||
16 | demolition debris,
clean or general, or uncontaminated soil | ||||||
17 | for final disposal, recycling, or
treatment, (2) a public | ||||||
18 | utility (as that term is defined in the Public
Utilities Act) | ||||||
19 | or a municipal utility, (3) the Illinois Department of
| ||||||
20 | Transportation, or (4) a municipality or a county highway | ||||||
21 | department, with
the exception of any municipality or county | ||||||
22 | highway department located within a
county having a population | ||||||
23 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
24 | contiguous to a county having a population of over 3,000,000 | ||||||
25 | inhabitants;
but it shall apply to an entity that contracts | ||||||
26 | with a public utility, a
municipal utility, the Illinois |
| |||||||
| |||||||
1 | Department of Transportation, or a
municipality or a county | ||||||
2 | highway department.
The terms
"generation" and "recycling" , as
| ||||||
3 | used in this subsection , do not
apply to clean construction or | ||||||
4 | demolition debris
when (i) used as fill material below grade | ||||||
5 | outside of a setback zone
if covered by sufficient | ||||||
6 | uncontaminated soil to support vegetation within 30
days of | ||||||
7 | the completion of filling or if covered by a road or structure, | ||||||
8 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
9 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
10 | concrete is used as aggregate in construction of the
shoulder | ||||||
11 | of a roadway. The terms "generation" and "recycling", as used | ||||||
12 | in this
subsection, do not apply to uncontaminated soil
that | ||||||
13 | is not commingled with any waste when (i) used as fill material | ||||||
14 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
15 | generation.
| ||||||
16 | (Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19; | ||||||
17 | revised 9-12-19.)
| ||||||
18 | (415 ILCS 5/21.7) | ||||||
19 | Sec. 21.7. Landfills. | ||||||
20 | (a) The purpose of this Section is to enact legislative | ||||||
21 | recommendations provided by the Mahomet Aquifer Protection | ||||||
22 | Task Force, established under Public Act 100-403. The Task | ||||||
23 | Force identified capped but unregulated or underregulated | ||||||
24 | landfills that overlie the Mahomet Aquifer as potentially | ||||||
25 | hazardous to valuable groundwater resources. These unregulated |
| |||||||
| |||||||
1 | or underregulated landfills generally began accepting waste | ||||||
2 | for disposal sometime prior to 1973. | ||||||
3 | (b) The Agency shall prioritize unregulated or | ||||||
4 | underregulated landfills that overlie the Mahomet Aquifer for | ||||||
5 | inspection. The following factors shall be considered: | ||||||
6 | (1) the presence of, and depth to, any aquifer with | ||||||
7 | potential potable use; | ||||||
8 | (2) whether the landfill has an engineered liner | ||||||
9 | system; | ||||||
10 | (3) whether the landfill has an active groundwater | ||||||
11 | monitoring system; | ||||||
12 | (4) whether waste disposal occurred within the | ||||||
13 | 100-year floodplain; and | ||||||
14 | (5) landfills within the setback zone of any potable | ||||||
15 | water supply well. | ||||||
16 | (c) Subject to appropriation, the Agency shall use | ||||||
17 | existing information available from State and federal | ||||||
18 | agencies, such as the Prairie Research Institute, the | ||||||
19 | Department of Natural Resources, the Illinois Emergency | ||||||
20 | Management Agency, the Federal Emergency Management Agency, | ||||||
21 | and the Natural Resources Conservation Service, to identify | ||||||
22 | unknown, unregulated, or underregulated waste disposal sites | ||||||
23 | that overlie the Mahomet Aquifer that may pose a threat to | ||||||
24 | surface water or groundwater resources. | ||||||
25 | (d) Subject to appropriation, for those landfills | ||||||
26 | prioritized for response action following inspection and |
| |||||||
| |||||||
1 | investigation, the Agency shall use its own data, along with | ||||||
2 | data from municipalities, counties, solid waste management | ||||||
3 | associations, companies, corporations, and individuals, to | ||||||
4 | archive information about the landfills, including their | ||||||
5 | ownership, operational details, and waste disposal history.
| ||||||
6 | (Source: P.A. 101-573, eff. 1-1-20; revised 12-9-19.)
| ||||||
7 | (415 ILCS 5/22.23d) | ||||||
8 | Sec. 22.23d. Rechargeable batteries. | ||||||
9 | (a) "Rechargeable battery" means one or more voltaic or | ||||||
10 | galvanic cells, electrically connected to produce electric | ||||||
11 | energy, that are is designed to be recharged for repeated | ||||||
12 | uses. "Rechargeable battery" includes, but is not limited to, | ||||||
13 | a battery containing lithium ion, lithium metal, or lithium | ||||||
14 | polymer or that uses lithium as an anode or cathode, that is | ||||||
15 | designed to be recharged for repeated uses. "Rechargeable | ||||||
16 | battery" does not mean either of the following: | ||||||
17 | (1) Any dry cell battery that is used as the principal | ||||||
18 | power source for transportation, including, but not | ||||||
19 | limited to, automobiles, motorcycles, or boats. | ||||||
20 | (2) Any battery that is used only as a backup power | ||||||
21 | source for memory or program instruction storage, | ||||||
22 | timekeeping, or any similar purpose that requires | ||||||
23 | uninterrupted electrical power in order to function if the | ||||||
24 | primary energy supply fails or fluctuates momentarily. | ||||||
25 | (b) Unless expressly authorized by a recycling collection |
| |||||||
| |||||||
1 | program, beginning January 1, 2020 , no person shall knowingly | ||||||
2 | mix a rechargeable battery or any appliance, device, or other | ||||||
3 | item that contains a rechargeable battery with any other | ||||||
4 | material intended for collection by a hauler as a recyclable | ||||||
5 | material. | ||||||
6 | Unless expressly authorized by a recycling collection | ||||||
7 | program, beginning January 1, 2020, no person shall knowingly | ||||||
8 | place a rechargeable battery or any appliance, device, or | ||||||
9 | other item that contains a rechargeable battery into a | ||||||
10 | container intended for collection by a hauler for processing | ||||||
11 | at a recycling center. | ||||||
12 | (c) The Agency shall include on its website information | ||||||
13 | regarding the recycling of rechargeable batteries.
| ||||||
14 | (Source: P.A. 101-137, eff. 7-26-19; revised 9-12-19.)
| ||||||
15 | (415 ILCS 5/22.59) | ||||||
16 | Sec. 22.59. CCR surface impoundments. | ||||||
17 | (a) The General Assembly finds that: | ||||||
18 | (1) the State of Illinois has a long-standing policy | ||||||
19 | to restore, protect, and enhance the environment, | ||||||
20 | including the purity of the air, land, and waters, | ||||||
21 | including groundwaters, of this State; | ||||||
22 | (2) a clean environment is essential to the growth and | ||||||
23 | well-being of this State; | ||||||
24 | (3) CCR generated by the electric generating industry | ||||||
25 | has caused groundwater contamination and other forms of |
| |||||||
| |||||||
1 | pollution at active and inactive plants throughout this | ||||||
2 | State; | ||||||
3 | (4) environmental laws should be supplemented to | ||||||
4 | ensure consistent, responsible regulation of all existing | ||||||
5 | CCR surface impoundments; and | ||||||
6 | (5) meaningful participation of State residents, | ||||||
7 | especially vulnerable populations who may be affected by | ||||||
8 | regulatory actions, is critical to ensure that | ||||||
9 | environmental justice considerations are incorporated in | ||||||
10 | the development of, decision-making related to, and | ||||||
11 | implementation of environmental laws and rulemaking that | ||||||
12 | protects and improves the well-being of communities in | ||||||
13 | this State that bear disproportionate burdens imposed by | ||||||
14 | environmental pollution. | ||||||
15 | Therefore, the purpose of this Section is to promote a | ||||||
16 | healthful environment, including clean water, air, and land, | ||||||
17 | meaningful public involvement, and the responsible disposal | ||||||
18 | and storage of coal combustion residuals, so as to protect | ||||||
19 | public health and to prevent pollution of the environment of | ||||||
20 | this State. | ||||||
21 | The provisions of this Section shall be liberally | ||||||
22 | construed to carry out the purposes of this Section. | ||||||
23 | (b) No person shall: | ||||||
24 | (1) cause or allow the discharge of any contaminants | ||||||
25 | from a CCR surface impoundment into the environment so as | ||||||
26 | to cause, directly or indirectly, a violation of this |
| |||||||
| |||||||
1 | Section or any regulations or standards adopted by the | ||||||
2 | Board under this Section, either alone or in combination | ||||||
3 | with contaminants from other sources; | ||||||
4 | (2) construct, install, modify, operate, or close any | ||||||
5 | CCR surface impoundment without a permit granted by the | ||||||
6 | Agency, or so as to violate any conditions imposed by such | ||||||
7 | permit, any provision of this Section or any regulations | ||||||
8 | or standards adopted by the Board under this Section; or | ||||||
9 | (3) cause or allow, directly or indirectly, the | ||||||
10 | discharge, deposit, injection, dumping, spilling, leaking, | ||||||
11 | or placing of any CCR upon the land in a place and manner | ||||||
12 | so as to cause or tend to cause a violation this Section or | ||||||
13 | any regulations or standards adopted by the Board under | ||||||
14 | this Section. | ||||||
15 | (c) For purposes of this Section, a permit issued by the | ||||||
16 | Administrator of the United States Environmental Protection | ||||||
17 | Agency under Section 4005 of the federal Resource Conservation | ||||||
18 | and Recovery Act, shall be deemed to be a permit under this | ||||||
19 | Section and subsection (y) of Section 39. | ||||||
20 | (d) Before commencing closure of a CCR surface | ||||||
21 | impoundment, in accordance with Board rules, the owner of a | ||||||
22 | CCR surface impoundment must submit to the Agency for approval | ||||||
23 | a closure alternatives analysis that analyzes all closure | ||||||
24 | methods being considered and that otherwise satisfies all | ||||||
25 | closure requirements adopted by the Board under this Act. | ||||||
26 | Complete removal of CCR, as specified by the Board's rules, |
| |||||||
| |||||||
1 | from the CCR surface impoundment must be considered and | ||||||
2 | analyzed. Section 3.405 does not apply to the Board's rules | ||||||
3 | specifying complete removal of CCR. The selected closure | ||||||
4 | method must ensure compliance with regulations adopted by the | ||||||
5 | Board pursuant to this Section. | ||||||
6 | (e) Owners or operators of CCR surface impoundments who | ||||||
7 | have submitted a closure plan to the Agency before May 1, 2019, | ||||||
8 | and who have completed closure prior to 24 months after July | ||||||
9 | 30, 2019 ( the effective date of Public Act 101-171) this | ||||||
10 | amendatory Act of the 101st General Assembly shall not be | ||||||
11 | required to obtain a construction permit for the surface | ||||||
12 | impoundment closure under this Section. | ||||||
13 | (f) Except for the State, its agencies and institutions, a | ||||||
14 | unit of local government, or not-for-profit electric | ||||||
15 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
16 | Act, any person who owns or operates a CCR surface impoundment | ||||||
17 | in this State shall post with the Agency a performance bond or | ||||||
18 | other security for the purpose of: (i) ensuring closure of the | ||||||
19 | CCR surface impoundment and post-closure care in accordance | ||||||
20 | with this Act and its rules; and (ii) insuring remediation of | ||||||
21 | releases from the CCR surface impoundment. The only acceptable | ||||||
22 | forms of financial assurance are: a trust fund, a surety bond | ||||||
23 | guaranteeing payment, a surety bond guaranteeing performance, | ||||||
24 | or an irrevocable letter of credit. | ||||||
25 | (1) The cost estimate for the post-closure care of a | ||||||
26 | CCR surface impoundment shall be calculated using a |
| |||||||
| |||||||
1 | 30-year post-closure care period or such longer period as | ||||||
2 | may be approved by the Agency under Board or federal | ||||||
3 | rules. | ||||||
4 | (2) The Agency is authorized to enter into such | ||||||
5 | contracts and agreements as it may deem necessary to carry | ||||||
6 | out the purposes of this Section. Neither the State, nor | ||||||
7 | the Director, nor any State employee shall be liable for | ||||||
8 | any damages or injuries arising out of or resulting from | ||||||
9 | any action taken under this Section. | ||||||
10 | (3) The Agency shall have the authority to approve or | ||||||
11 | disapprove any performance bond or other security posted | ||||||
12 | under this subsection. Any person whose performance bond | ||||||
13 | or other security is disapproved by the Agency may contest | ||||||
14 | the disapproval as a permit denial appeal pursuant to | ||||||
15 | Section 40. | ||||||
16 | (g) The Board shall adopt rules establishing construction | ||||||
17 | permit requirements, operating permit requirements, design | ||||||
18 | standards, reporting, financial assurance, and closure and | ||||||
19 | post-closure care requirements for CCR surface impoundments. | ||||||
20 | Not later than 8 months after July 30, 2019 ( the effective date | ||||||
21 | of Public Act 101-171) this amendatory Act of the 101st | ||||||
22 | General Assembly the Agency shall propose, and not later than | ||||||
23 | one year after receipt of the Agency's proposal the Board | ||||||
24 | shall adopt, rules under this Section. The rules must, at a | ||||||
25 | minimum: | ||||||
26 | (1) be at least as protective and comprehensive as the |
| |||||||
| |||||||
1 | federal regulations or amendments thereto promulgated by | ||||||
2 | the Administrator of the United States Environmental | ||||||
3 | Protection Agency in Subpart D of 40 CFR 257 governing CCR | ||||||
4 | surface impoundments; | ||||||
5 | (2) specify the minimum contents of CCR surface | ||||||
6 | impoundment construction and operating permit | ||||||
7 | applications, including the closure alternatives analysis | ||||||
8 | required under subsection (d); | ||||||
9 | (3) specify which types of permits include | ||||||
10 | requirements for closure, post-closure, remediation and | ||||||
11 | all other requirements applicable to CCR surface | ||||||
12 | impoundments; | ||||||
13 | (4) specify when permit applications for existing CCR | ||||||
14 | surface impoundments must be submitted, taking into | ||||||
15 | consideration whether the CCR surface impoundment must | ||||||
16 | close under the RCRA; | ||||||
17 | (5) specify standards for review and approval by the | ||||||
18 | Agency of CCR surface impoundment permit applications; | ||||||
19 | (6) specify meaningful public participation procedures | ||||||
20 | for the issuance of CCR surface impoundment construction | ||||||
21 | and operating permits, including, but not limited to, | ||||||
22 | public notice of the submission of permit applications, an | ||||||
23 | opportunity for the submission of public comments, an | ||||||
24 | opportunity for a public hearing prior to permit issuance, | ||||||
25 | and a summary and response of the comments prepared by the | ||||||
26 | Agency; |
| |||||||
| |||||||
1 | (7) prescribe the type and amount of the performance | ||||||
2 | bonds or other securities required under subsection (f), | ||||||
3 | and the conditions under which the State is entitled to | ||||||
4 | collect moneys from such performance bonds or other | ||||||
5 | securities; | ||||||
6 | (8) specify a procedure to identify areas of | ||||||
7 | environmental justice concern in relation to CCR surface | ||||||
8 | impoundments; | ||||||
9 | (9) specify a method to prioritize CCR surface | ||||||
10 | impoundments required to close under RCRA if not otherwise | ||||||
11 | specified by the United States Environmental Protection | ||||||
12 | Agency, so that the CCR surface impoundments with the | ||||||
13 | highest risk to public health and the environment, and | ||||||
14 | areas of environmental justice concern are given first | ||||||
15 | priority; | ||||||
16 | (10) define when complete removal of CCR is achieved | ||||||
17 | and specify the standards for responsible removal of CCR | ||||||
18 | from CCR surface impoundments, including, but not limited | ||||||
19 | to, dust controls and the protection of adjacent surface | ||||||
20 | water and groundwater; and | ||||||
21 | (11) describe the process and standards for | ||||||
22 | identifying a specific alternative source of groundwater | ||||||
23 | pollution when the owner or operator of the CCR surface | ||||||
24 | impoundment believes that groundwater contamination on the | ||||||
25 | site is not from the CCR surface impoundment. | ||||||
26 | (h) Any owner of a CCR surface impoundment that generates |
| |||||||
| |||||||
1 | CCR and sells or otherwise provides coal combustion byproducts | ||||||
2 | pursuant to Section 3.135 shall, every 12 months, post on its | ||||||
3 | publicly available website a report specifying the volume or | ||||||
4 | weight of CCR, in cubic yards or tons, that it sold or provided | ||||||
5 | during the past 12 months. | ||||||
6 | (i) The owner of a CCR surface impoundment shall post all | ||||||
7 | closure plans, permit applications, and supporting | ||||||
8 | documentation, as well as any Agency approval of the plans or | ||||||
9 | applications on its publicly available website. | ||||||
10 | (j) The owner or operator of a CCR surface impoundment | ||||||
11 | shall pay the following fees: | ||||||
12 | (1) An initial fee to the Agency within 6 months after | ||||||
13 | July 30, 2019 ( the effective date of Public Act 101-171) | ||||||
14 | this amendatory Act of the 101st General Assembly of: | ||||||
15 | $50,000 for each closed CCR surface impoundment; | ||||||
16 | and | ||||||
17 | $75,000 for each CCR surface impoundment that have | ||||||
18 | not completed closure. | ||||||
19 | (2) Annual fees to the Agency, beginning on July 1, | ||||||
20 | 2020, of: | ||||||
21 | $25,000 for each CCR surface impoundment that has | ||||||
22 | not completed closure; and | ||||||
23 | $15,000 for each CCR surface impoundment that has | ||||||
24 | completed closure, but has not completed post-closure | ||||||
25 | care. | ||||||
26 | (k) All fees collected by the Agency under subsection (j) |
| |||||||
| |||||||
1 | shall be deposited into the Environmental Protection Permit | ||||||
2 | and Inspection Fund. | ||||||
3 | (l) The Coal Combustion Residual Surface Impoundment | ||||||
4 | Financial Assurance Fund is created as a special fund in the | ||||||
5 | State treasury. Any moneys forfeited to the State of Illinois | ||||||
6 | from any performance bond or other security required under | ||||||
7 | this Section shall be placed in the Coal Combustion Residual | ||||||
8 | Surface Impoundment Financial Assurance Fund and shall, upon | ||||||
9 | approval by the Governor and the Director, be used by the | ||||||
10 | Agency for the purposes for which such performance bond or | ||||||
11 | other security was issued. The Coal Combustion Residual | ||||||
12 | Surface Impoundment Financial Assurance Fund is not subject to | ||||||
13 | the provisions of subsection (c) of Section 5 of the State | ||||||
14 | Finance Act. | ||||||
15 | (m) The provisions of this Section shall apply, without | ||||||
16 | limitation, to all existing CCR surface impoundments and any | ||||||
17 | CCR surface impoundments constructed after July 30, 2019 ( the | ||||||
18 | effective date of Public Act 101-171) this amendatory Act of | ||||||
19 | the 101st General Assembly , except to the extent prohibited by | ||||||
20 | the Illinois or United States Constitutions.
| ||||||
21 | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
| ||||||
22 | (415 ILCS 5/22.60)
| ||||||
23 | (For Section repeal see subsection (e)) | ||||||
24 | Sec. 22.60 22.59 . Pilot project for Will County and Grundy | ||||||
25 | County pyrolysis or gasification facility. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Plastics" means polystyrene or any other synthetic | ||||||
3 | organic polymer that can be molded into shape under heat and | ||||||
4 | pressure and then set into a rigid or slightly elastic form. | ||||||
5 | "Plastics gasification facility" means a manufacturing | ||||||
6 | facility that: | ||||||
7 | (1) receives only uncontaminated plastics that have | ||||||
8 | been processed prior to receipt at the facility into a | ||||||
9 | feedstock meeting the facility's specifications for a | ||||||
10 | gasification feedstock; and | ||||||
11 | (2) uses heat in an oxygen-deficient atmosphere to | ||||||
12 | process the feedstock into fuels, chemicals, or chemical | ||||||
13 | feedstocks that are returned to the economic mainstream in | ||||||
14 | the form of raw materials or products. | ||||||
15 | "Plastics pyrolysis facility" means a manufacturing | ||||||
16 | facility that: | ||||||
17 | (1) receives only uncontaminated plastics that have | ||||||
18 | been processed prior to receipt at the facility into a | ||||||
19 | feedstock meeting the facility's specifications for a | ||||||
20 | pyrolysis feedstock; and | ||||||
21 | (2) uses heat in the absence of oxygen to process the | ||||||
22 | uncontaminated plastics into fuels, chemicals, or chemical | ||||||
23 | feedstocks that are returned to the economic mainstream in | ||||||
24 | the form of raw materials or products. | ||||||
25 | (b) Provided that permitting and construction has | ||||||
26 | commenced prior to July 1, 2025, a pilot project allowing for a |
| |||||||
| |||||||
1 | pyrolysis or gasification facility in accordance with this | ||||||
2 | Section is permitted for a locally zoned and approved site in | ||||||
3 | either Will County or Grundy County. | ||||||
4 | (c) To the extent allowed by federal law, uncontaminated | ||||||
5 | plastics that have been processed into a feedstock meeting | ||||||
6 | feedstock specifications for a plastics gasification facility | ||||||
7 | or plastics pyrolysis facility, and that are further processed | ||||||
8 | by such a facility and returned to the economic mainstream in | ||||||
9 | the form of raw materials or products, are considered recycled | ||||||
10 | and are not subject to regulation as waste. | ||||||
11 | (d) The Agency may propose to the Board for adoption, and | ||||||
12 | the Board may adopt, rules establishing standards for | ||||||
13 | materials accepted as feedstocks by plastics gasification | ||||||
14 | facilities and plastics pyrolysis facilities, rules | ||||||
15 | establishing standards for the management of feedstocks at | ||||||
16 | plastics gasification facilities and plastics pyrolysis | ||||||
17 | facilities, and any other rules, as may be necessary to | ||||||
18 | implement and administer this Section. | ||||||
19 | (e) If permitting and construction for the pilot project | ||||||
20 | under subsection (b) has not commenced by July 1, 2025, this | ||||||
21 | Section is repealed.
| ||||||
22 | (Source: P.A. 101-141, eff. 7-1-20; revised 8-4-20.)
| ||||||
23 | (415 ILCS 5/22.61)
| ||||||
24 | Sec. 22.61 22.59 . Regulation of bisphenol A in business | ||||||
25 | transaction paper. |
| |||||||
| |||||||
1 | (a) For purposes of this Section, "thermal paper" means | ||||||
2 | paper with bisphenol A added to the coating. | ||||||
3 | (b) Beginning January 1, 2020, no person shall | ||||||
4 | manufacture, for sale in this State, thermal paper. | ||||||
5 | (c) No person shall distribute or use any thermal paper | ||||||
6 | for the making of business or banking records, including, but | ||||||
7 | not limited to, records of receipts, credits, withdrawals, | ||||||
8 | deposits, or credit or debit card transactions. This | ||||||
9 | subsection shall not apply to thermal paper that was | ||||||
10 | manufactured prior to January 1, 2020. | ||||||
11 | (d) The prohibition in subsections (a) and (b) shall not | ||||||
12 | apply to paper containing recycled material.
| ||||||
13 | (Source: P.A. 101-457, eff. 8-23-19; revised 10-22-19.)
| ||||||
14 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
15 | Sec. 39. Issuance of permits; procedures.
| ||||||
16 | (a) When the Board has by regulation required a permit for
| ||||||
17 | the construction, installation, or operation of any type of | ||||||
18 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
19 | applicant shall apply to
the Agency for such permit and it | ||||||
20 | shall be the duty of the Agency to
issue such a permit upon | ||||||
21 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
22 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
23 | of regulations hereunder. The Agency shall adopt such
| ||||||
24 | procedures as are necessary to carry out its duties under this | ||||||
25 | Section.
In making its determinations on permit applications |
| |||||||
| |||||||
1 | under this Section the Agency may consider prior adjudications | ||||||
2 | of
noncompliance with this Act by the applicant that involved | ||||||
3 | a release of a
contaminant into the environment. In granting | ||||||
4 | permits, the Agency
may impose reasonable conditions | ||||||
5 | specifically related to the applicant's past
compliance | ||||||
6 | history with this Act as necessary to correct, detect, or
| ||||||
7 | prevent noncompliance. The Agency may impose such other | ||||||
8 | conditions
as may be necessary to accomplish the purposes of | ||||||
9 | this Act, and as are not
inconsistent with the regulations | ||||||
10 | promulgated by the Board hereunder. Except as
otherwise | ||||||
11 | provided in this Act, a bond or other security shall not be | ||||||
12 | required
as a condition for the issuance of a permit. If the | ||||||
13 | Agency denies any permit
under this Section, the Agency shall | ||||||
14 | transmit to the applicant within the time
limitations of this | ||||||
15 | Section specific, detailed statements as to the reasons the
| ||||||
16 | permit application was denied. Such statements shall include, | ||||||
17 | but not be
limited to the following:
| ||||||
18 | (i) the Sections of this Act which may be violated if | ||||||
19 | the permit
were granted;
| ||||||
20 | (ii) the provision of the regulations, promulgated | ||||||
21 | under this Act,
which may be violated if the permit were | ||||||
22 | granted;
| ||||||
23 | (iii) the specific type of information, if any, which | ||||||
24 | the Agency
deems the applicant did not provide the Agency; | ||||||
25 | and
| ||||||
26 | (iv) a statement of specific reasons why the Act and |
| |||||||
| |||||||
1 | the regulations
might not be met if the permit were | ||||||
2 | granted.
| ||||||
3 | If there is no final action by the Agency within 90 days | ||||||
4 | after the
filing of the application for permit, the applicant | ||||||
5 | may deem the permit
issued; except that this time period shall | ||||||
6 | be extended to 180 days when
(1) notice and opportunity for | ||||||
7 | public hearing are required by State or
federal law or | ||||||
8 | regulation, (2) the application which was filed is for
any | ||||||
9 | permit to develop a landfill subject to issuance pursuant to | ||||||
10 | this
subsection, or (3) the application that was filed is for a | ||||||
11 | MSWLF unit
required to issue public notice under subsection | ||||||
12 | (p) of Section 39. The
90-day and 180-day time periods for the | ||||||
13 | Agency to take final action do not
apply to NPDES permit | ||||||
14 | applications under subsection (b) of this Section,
to RCRA | ||||||
15 | permit applications under subsection (d) of this Section,
to | ||||||
16 | UIC permit applications under subsection (e) of this Section, | ||||||
17 | or to CCR surface impoundment applications under subsection | ||||||
18 | (y) of this Section.
| ||||||
19 | The Agency shall publish notice of all final permit | ||||||
20 | determinations for
development permits for MSWLF units and for | ||||||
21 | significant permit modifications
for lateral expansions for | ||||||
22 | existing MSWLF units one time in a newspaper of
general | ||||||
23 | circulation in the county in which the unit is or is proposed | ||||||
24 | to be
located.
| ||||||
25 | After January 1, 1994 and until July 1, 1998, operating | ||||||
26 | permits issued under
this Section by the
Agency for sources of |
| |||||||
| |||||||
1 | air pollution permitted to emit less than 25 tons
per year of | ||||||
2 | any combination of regulated air pollutants, as defined in
| ||||||
3 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
4 | upon written
request by the Agency consistent with applicable | ||||||
5 | provisions of this Act and
regulations promulgated hereunder. | ||||||
6 | Such operating permits shall expire
180 days after the date of | ||||||
7 | such a request. The Board shall revise its
regulations for the | ||||||
8 | existing State air pollution operating permit program
| ||||||
9 | consistent with this provision by January 1, 1994.
| ||||||
10 | After June 30, 1998, operating permits issued under this | ||||||
11 | Section by the
Agency for sources of air pollution that are not | ||||||
12 | subject to Section 39.5 of
this Act and are not required to | ||||||
13 | have a federally enforceable State operating
permit shall be | ||||||
14 | required to be renewed only upon written request by the Agency
| ||||||
15 | consistent with applicable provisions of this Act and its | ||||||
16 | rules. Such
operating permits shall expire 180 days after the | ||||||
17 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
18 | revise its rules for the existing State
air pollution | ||||||
19 | operating permit program consistent with this paragraph and | ||||||
20 | shall
adopt rules that require a source to demonstrate that it | ||||||
21 | qualifies for a permit
under this paragraph.
| ||||||
22 | (b) The Agency may issue NPDES permits exclusively under | ||||||
23 | this
subsection for the discharge of contaminants from point | ||||||
24 | sources into
navigable waters, all as defined in the Federal | ||||||
25 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
26 | within the jurisdiction of the
State, or into any well.
|
| |||||||
| |||||||
1 | All NPDES permits shall contain those terms and | ||||||
2 | conditions, including ,
but not limited to , schedules of | ||||||
3 | compliance, which may be required to
accomplish the purposes | ||||||
4 | and provisions of this Act.
| ||||||
5 | The Agency may issue general NPDES permits for discharges | ||||||
6 | from categories
of point sources which are subject to the same | ||||||
7 | permit limitations and
conditions. Such general permits may be | ||||||
8 | issued without individual
applications and shall conform to | ||||||
9 | regulations promulgated under Section 402
of the Federal Water | ||||||
10 | Pollution Control Act, as now or hereafter amended.
| ||||||
11 | The Agency may include, among such conditions, effluent | ||||||
12 | limitations
and other requirements established under this Act, | ||||||
13 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
14 | now or hereafter amended, and
regulations pursuant thereto, | ||||||
15 | and schedules for achieving compliance
therewith at the | ||||||
16 | earliest reasonable date.
| ||||||
17 | The Agency shall adopt filing requirements and procedures | ||||||
18 | which are
necessary and appropriate for the issuance of NPDES | ||||||
19 | permits, and which
are consistent with the Act or regulations | ||||||
20 | adopted by the Board, and
with the Federal Water Pollution | ||||||
21 | Control Act, as now or hereafter
amended, and regulations | ||||||
22 | pursuant thereto.
| ||||||
23 | The Agency, subject to any conditions which may be | ||||||
24 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
25 | allow discharges beyond
deadlines established by this Act or | ||||||
26 | by regulations of the Board without
the requirement of a |
| |||||||
| |||||||
1 | variance, subject to the Federal Water Pollution
Control Act, | ||||||
2 | as now or hereafter amended, and regulations pursuant thereto.
| ||||||
3 | (c) Except for those facilities owned or operated by | ||||||
4 | sanitary districts
organized under the Metropolitan Water | ||||||
5 | Reclamation District Act, no
permit for the development or | ||||||
6 | construction of a new pollution control
facility may be | ||||||
7 | granted by the Agency unless the applicant submits proof to | ||||||
8 | the
Agency that the location of the facility has been approved | ||||||
9 | by the county board County Board
of the county if in an | ||||||
10 | unincorporated area, or the governing body of the
municipality | ||||||
11 | when in an incorporated area, in which the facility is to be
| ||||||
12 | located in accordance with Section 39.2 of this Act. For | ||||||
13 | purposes of this subsection (c), and for purposes of Section | ||||||
14 | 39.2 of this Act, the appropriate county board or governing | ||||||
15 | body of the municipality shall be the county board of the | ||||||
16 | county or the governing body of the municipality in which the | ||||||
17 | facility is to be located as of the date when the application | ||||||
18 | for siting approval is filed.
| ||||||
19 | In the event that siting approval granted pursuant to | ||||||
20 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
21 | operator, that subsequent owner or
operator may apply to the | ||||||
22 | Agency for, and the Agency may grant, a development
or | ||||||
23 | construction permit for the facility for which local siting | ||||||
24 | approval was
granted. Upon application to the Agency for a | ||||||
25 | development or
construction permit by that subsequent owner or | ||||||
26 | operator,
the permit applicant shall cause written notice of |
| |||||||
| |||||||
1 | the permit application
to be served upon the appropriate | ||||||
2 | county board or governing body of the
municipality that | ||||||
3 | granted siting approval for that facility and upon any party
| ||||||
4 | to the siting proceeding pursuant to which siting approval was | ||||||
5 | granted. In
that event, the Agency shall conduct an evaluation | ||||||
6 | of the subsequent owner or
operator's prior experience in | ||||||
7 | waste management operations in the manner
conducted under | ||||||
8 | subsection (i) of Section 39 of this Act.
| ||||||
9 | Beginning August 20, 1993, if the pollution control | ||||||
10 | facility consists of a
hazardous or solid waste disposal | ||||||
11 | facility for which the proposed site is
located in an | ||||||
12 | unincorporated area of a county with a population of less than
| ||||||
13 | 100,000 and includes all or a portion of a parcel of land that | ||||||
14 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
15 | population of less than 5,000, then
the local siting review | ||||||
16 | required under this subsection (c) in conjunction with
any | ||||||
17 | permit applied for after that date shall be performed by the | ||||||
18 | governing body
of that adjacent municipality rather than the | ||||||
19 | county board of the county in
which the proposed site is | ||||||
20 | located; and for the purposes of that local siting
review, any | ||||||
21 | references in this Act to the county board shall be deemed to | ||||||
22 | mean
the governing body of that adjacent municipality; | ||||||
23 | provided, however, that the
provisions of this paragraph shall | ||||||
24 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
25 | owned in whole or in part by another municipality.
| ||||||
26 | In the case of a pollution control facility for which a
|
| |||||||
| |||||||
1 | development permit was issued before November 12, 1981, if an | ||||||
2 | operating
permit has not been issued by the Agency prior to | ||||||
3 | August 31, 1989 for
any portion of the facility, then the | ||||||
4 | Agency may not issue or renew any
development permit nor issue | ||||||
5 | an original operating permit for any portion of
such facility | ||||||
6 | unless the applicant has submitted proof to the Agency that | ||||||
7 | the
location of the facility has been approved by the | ||||||
8 | appropriate county board or
municipal governing body pursuant | ||||||
9 | to Section 39.2 of this Act.
| ||||||
10 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
11 | any portion for which an operating permit has been issued by
| ||||||
12 | the Agency, has not accepted waste disposal for 5 or more | ||||||
13 | consecutive calendar calendars
years, before that facility may | ||||||
14 | accept any new or additional waste for
disposal, the owner and | ||||||
15 | operator must obtain a new operating permit under this
Act for | ||||||
16 | that facility unless the owner and operator have applied to | ||||||
17 | the Agency
for a permit authorizing the temporary suspension | ||||||
18 | of waste acceptance. The
Agency may not issue a new operation | ||||||
19 | permit under this Act for the facility
unless the applicant | ||||||
20 | has submitted proof to the Agency that the location of the
| ||||||
21 | facility has been approved or re-approved by the appropriate | ||||||
22 | county board or
municipal governing body under Section 39.2 of | ||||||
23 | this Act after the facility
ceased accepting waste.
| ||||||
24 | Except for those facilities owned or operated by sanitary | ||||||
25 | districts
organized under the Metropolitan Water Reclamation | ||||||
26 | District Act, and
except for new pollution control facilities |
| |||||||
| |||||||
1 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
2 | facilities, the granting of a permit under
this Act shall not | ||||||
3 | relieve the applicant from meeting and securing all
necessary | ||||||
4 | zoning approvals from the unit of government having zoning
| ||||||
5 | jurisdiction over the proposed facility.
| ||||||
6 | Before beginning construction on any new sewage treatment | ||||||
7 | plant or sludge
drying site to be owned or operated by a | ||||||
8 | sanitary district organized under
the Metropolitan Water | ||||||
9 | Reclamation District Act for which a new
permit (rather than | ||||||
10 | the renewal or amendment of an existing permit) is
required, | ||||||
11 | such sanitary district shall hold a public hearing within the
| ||||||
12 | municipality within which the proposed facility is to be | ||||||
13 | located, or within the
nearest community if the proposed | ||||||
14 | facility is to be located within an
unincorporated area, at | ||||||
15 | which information concerning the proposed facility
shall be | ||||||
16 | made available to the public, and members of the public shall | ||||||
17 | be given
the opportunity to express their views concerning the | ||||||
18 | proposed facility.
| ||||||
19 | The Agency may issue a permit for a municipal waste | ||||||
20 | transfer station
without requiring approval pursuant to | ||||||
21 | Section 39.2 provided that the following
demonstration is | ||||||
22 | made:
| ||||||
23 | (1) the municipal waste transfer station was in | ||||||
24 | existence on or before
January 1, 1979 and was in | ||||||
25 | continuous operation from January 1, 1979 to January
1, | ||||||
26 | 1993;
|
| |||||||
| |||||||
1 | (2) the operator submitted a permit application to the | ||||||
2 | Agency to develop
and operate the municipal waste transfer | ||||||
3 | station during April of 1994;
| ||||||
4 | (3) the operator can demonstrate that the county board | ||||||
5 | of the county, if
the municipal waste transfer station is | ||||||
6 | in an unincorporated area, or the
governing body of the | ||||||
7 | municipality, if the station is in an incorporated area,
| ||||||
8 | does not object to resumption of the operation of the | ||||||
9 | station; and
| ||||||
10 | (4) the site has local zoning approval.
| ||||||
11 | (d) The Agency may issue RCRA permits exclusively under | ||||||
12 | this
subsection to persons owning or operating a facility for | ||||||
13 | the treatment,
storage, or disposal of hazardous waste as | ||||||
14 | defined under this Act. Subsection (y) of this Section, rather | ||||||
15 | than this subsection (d), shall apply to permits issued for | ||||||
16 | CCR surface impoundments.
| ||||||
17 | All RCRA permits shall contain those terms and conditions, | ||||||
18 | including , but
not limited to , schedules of compliance, which | ||||||
19 | may be required to accomplish
the purposes and provisions of | ||||||
20 | this Act. The Agency may include among such
conditions | ||||||
21 | standards and other requirements established under this Act,
| ||||||
22 | Board regulations, the Resource Conservation and Recovery Act | ||||||
23 | of 1976 (P.L.
94-580), as amended, and regulations pursuant | ||||||
24 | thereto, and may include
schedules for achieving compliance | ||||||
25 | therewith as soon as possible. The
Agency shall require that a | ||||||
26 | performance bond or other security be provided
as a condition |
| |||||||
| |||||||
1 | for the issuance of a RCRA permit.
| ||||||
2 | In the case of a permit to operate a hazardous waste or PCB | ||||||
3 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
4 | Agency shall require, as a
condition of the permit, that the | ||||||
5 | operator of the facility perform such
analyses of the waste to | ||||||
6 | be incinerated as may be necessary and appropriate
to ensure | ||||||
7 | the safe operation of the incinerator.
| ||||||
8 | The Agency shall adopt filing requirements and procedures | ||||||
9 | which
are necessary and appropriate for the issuance of RCRA | ||||||
10 | permits, and which
are consistent with the Act or regulations | ||||||
11 | adopted by the Board, and with
the Resource Conservation and | ||||||
12 | Recovery Act of 1976 (P.L. 94-580), as
amended, and | ||||||
13 | regulations pursuant thereto.
| ||||||
14 | The applicant shall make available to the public for | ||||||
15 | inspection all
documents submitted by the applicant to the | ||||||
16 | Agency in furtherance
of an application, with the exception of | ||||||
17 | trade secrets, at the office of
the county board or governing | ||||||
18 | body of the municipality. Such documents
may be copied upon | ||||||
19 | payment of the actual cost of reproduction during regular
| ||||||
20 | business hours of the local office. The Agency shall issue a | ||||||
21 | written statement
concurrent with its grant or denial of the | ||||||
22 | permit explaining the basis for its
decision.
| ||||||
23 | (e) The Agency may issue UIC permits exclusively under | ||||||
24 | this
subsection to persons owning or operating a facility for | ||||||
25 | the underground
injection of contaminants as defined under | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | All UIC permits shall contain those terms and conditions, | ||||||
2 | including , but
not limited to , schedules of compliance, which | ||||||
3 | may be required to accomplish
the purposes and provisions of | ||||||
4 | this Act. The Agency may include among such
conditions | ||||||
5 | standards and other requirements established under this Act,
| ||||||
6 | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | ||||||
7 | as amended,
and regulations pursuant thereto, and may include | ||||||
8 | schedules for achieving
compliance therewith. The Agency shall | ||||||
9 | require that a performance bond or
other security be provided | ||||||
10 | as a condition for the issuance of a UIC permit.
| ||||||
11 | The Agency shall adopt filing requirements and procedures | ||||||
12 | which
are necessary and appropriate for the issuance of UIC | ||||||
13 | permits, and which
are consistent with the Act or regulations | ||||||
14 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
15 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
16 | The applicant shall make available to the public for | ||||||
17 | inspection, all
documents submitted by the applicant to the | ||||||
18 | Agency in furtherance of an
application, with the exception of | ||||||
19 | trade secrets, at the office of the county
board or governing | ||||||
20 | body of the municipality. Such documents may be copied upon
| ||||||
21 | payment of the actual cost of reproduction during regular | ||||||
22 | business hours of the
local office. The Agency shall issue a | ||||||
23 | written statement concurrent with its
grant or denial of the | ||||||
24 | permit explaining the basis for its decision.
| ||||||
25 | (f) In making any determination pursuant to Section 9.1 of | ||||||
26 | this Act:
|
| |||||||
| |||||||
1 | (1) The Agency shall have authority to make the | ||||||
2 | determination of any
question required to be determined by | ||||||
3 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
4 | or the regulations of the Board, including the
| ||||||
5 | determination of the Lowest Achievable Emission Rate, | ||||||
6 | Maximum Achievable
Control Technology, or Best Available | ||||||
7 | Control Technology, consistent with the
Board's | ||||||
8 | regulations, if any.
| ||||||
9 | (2) The Agency shall adopt requirements as necessary | ||||||
10 | to implement public participation procedures, including, | ||||||
11 | but not limited to, public notice, comment, and an | ||||||
12 | opportunity for hearing, which must accompany the | ||||||
13 | processing of applications for PSD permits. The Agency | ||||||
14 | shall briefly describe and respond to all significant | ||||||
15 | comments on the draft permit raised during the public | ||||||
16 | comment period or during any hearing. The Agency may group | ||||||
17 | related comments together and provide one unified response | ||||||
18 | for each issue raised. | ||||||
19 | (3) Any complete permit application submitted to the | ||||||
20 | Agency under this subsection for a PSD permit shall be | ||||||
21 | granted or denied by the Agency not later than one year | ||||||
22 | after the filing of such completed application. | ||||||
23 | (4) The Agency shall, after conferring with the | ||||||
24 | applicant, give written
notice to the applicant of its | ||||||
25 | proposed decision on the application , including
the terms | ||||||
26 | and conditions of the permit to be issued and the facts, |
| |||||||
| |||||||
1 | conduct ,
or other basis upon which the Agency will rely to | ||||||
2 | support its proposed action.
| ||||||
3 | (g) The Agency shall include as conditions upon all | ||||||
4 | permits issued for
hazardous waste disposal sites such | ||||||
5 | restrictions upon the future use
of such sites as are | ||||||
6 | reasonably necessary to protect public health and
the | ||||||
7 | environment, including permanent prohibition of the use of | ||||||
8 | such
sites for purposes which may create an unreasonable risk | ||||||
9 | of injury to human
health or to the environment. After | ||||||
10 | administrative and judicial challenges
to such restrictions | ||||||
11 | have been exhausted, the Agency shall file such
restrictions | ||||||
12 | of record in the Office of the Recorder of the county in which
| ||||||
13 | the hazardous waste disposal site is located.
| ||||||
14 | (h) A hazardous waste stream may not be deposited in a | ||||||
15 | permitted hazardous
waste site unless specific authorization | ||||||
16 | is obtained from the Agency by the
generator and disposal site | ||||||
17 | owner and operator for the deposit of that specific
hazardous | ||||||
18 | waste stream. The Agency may grant specific authorization for
| ||||||
19 | disposal of hazardous waste streams only after the generator | ||||||
20 | has reasonably
demonstrated that, considering
technological | ||||||
21 | feasibility and economic reasonableness, the hazardous waste
| ||||||
22 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
23 | chemically,
physically or biologically treated so as to | ||||||
24 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
25 | granting authorization under this Section,
the Agency may | ||||||
26 | impose such conditions as may be necessary to accomplish
the |
| |||||||
| |||||||
1 | purposes of the Act and are consistent with this Act and | ||||||
2 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
3 | refuses to grant
authorization under this Section, the | ||||||
4 | applicant may appeal as if the Agency
refused to grant a | ||||||
5 | permit, pursuant to the provisions of subsection (a) of
| ||||||
6 | Section 40 of this Act. For purposes of this subsection (h), | ||||||
7 | the term
"generator" has the meaning given in Section 3.205 of | ||||||
8 | this Act,
unless: (1) the hazardous waste is treated, | ||||||
9 | incinerated, or partially recycled
for reuse prior to | ||||||
10 | disposal, in which case the last person who treats,
| ||||||
11 | incinerates, or partially recycles the hazardous waste prior | ||||||
12 | to disposal is the
generator; or (2) the hazardous waste is | ||||||
13 | from a response action, in which case
the person performing | ||||||
14 | the response action is the generator. This subsection
(h) does | ||||||
15 | not apply to any hazardous waste that is restricted from land | ||||||
16 | disposal
under 35 Ill. Adm. Code 728.
| ||||||
17 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
18 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
19 | transfer station, waste treatment
facility, waste incinerator, | ||||||
20 | or any waste-transportation operation, any permit or interim | ||||||
21 | authorization for a clean construction or demolition debris | ||||||
22 | fill operation, or any permit required under subsection (d-5) | ||||||
23 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
24 | prospective owner's or operator's prior
experience in waste | ||||||
25 | management operations, clean construction or demolition debris | ||||||
26 | fill operations, and tire storage site management. The Agency |
| |||||||
| |||||||
1 | may deny such a permit, or deny or revoke interim | ||||||
2 | authorization,
if the prospective owner or operator or any | ||||||
3 | employee or officer of the
prospective owner or operator has a | ||||||
4 | history of:
| ||||||
5 | (1) repeated violations of federal, State, or local | ||||||
6 | laws, regulations,
standards, or ordinances in the | ||||||
7 | operation of waste management facilities or
sites, clean | ||||||
8 | construction or demolition debris fill operation | ||||||
9 | facilities or sites, or tire storage sites; or
| ||||||
10 | (2) conviction in this or another State of any crime | ||||||
11 | which is a felony
under the laws of this State, or | ||||||
12 | conviction of a felony in a federal court; or conviction | ||||||
13 | in this or another state or federal court of any of the | ||||||
14 | following crimes: forgery, official misconduct, bribery, | ||||||
15 | perjury, or knowingly submitting false information under | ||||||
16 | any environmental law, regulation, or permit term or | ||||||
17 | condition; or
| ||||||
18 | (3) proof of gross carelessness or incompetence in | ||||||
19 | handling, storing,
processing, transporting or disposing | ||||||
20 | of waste, clean construction or demolition debris, or used | ||||||
21 | or waste tires, or proof of gross carelessness or | ||||||
22 | incompetence in using clean construction or demolition | ||||||
23 | debris as fill.
| ||||||
24 | (i-5) Before issuing any permit or approving any interim | ||||||
25 | authorization for a clean construction or demolition debris | ||||||
26 | fill operation in which any ownership interest is transferred |
| |||||||
| |||||||
1 | between January 1, 2005, and the effective date of the | ||||||
2 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
3 | shall conduct an evaluation of the operation if any previous | ||||||
4 | activities at the site or facility may have caused or allowed | ||||||
5 | contamination of the site. It shall be the responsibility of | ||||||
6 | the owner or operator seeking the permit or interim | ||||||
7 | authorization to provide to the Agency all of the information | ||||||
8 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
9 | may deny a permit or interim authorization if previous | ||||||
10 | activities at the site may have caused or allowed | ||||||
11 | contamination at the site, unless such contamination is | ||||||
12 | authorized under any permit issued by the Agency.
| ||||||
13 | (j) The issuance under this Act of a permit to engage in | ||||||
14 | the surface mining
of any resources other than fossil fuels | ||||||
15 | shall not relieve
the permittee from its duty to comply with | ||||||
16 | any applicable local law regulating
the commencement, location | ||||||
17 | or operation of surface mining facilities.
| ||||||
18 | (k) A development permit issued under subsection (a) of | ||||||
19 | Section 39 for any
facility or site which is required to have a | ||||||
20 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
21 | end of 2 calendar years from the date upon which
it was issued, | ||||||
22 | unless within that period the applicant has taken action to
| ||||||
23 | develop the facility or the site. In the event that review of | ||||||
24 | the
conditions of the development permit is sought pursuant to | ||||||
25 | Section 40 or
41, or permittee is prevented from commencing | ||||||
26 | development of the facility
or site by any other litigation |
| |||||||
| |||||||
1 | beyond the permittee's control, such
two-year period shall be | ||||||
2 | deemed to begin on the date upon which such review
process or | ||||||
3 | litigation is concluded.
| ||||||
4 | (l) No permit shall be issued by the Agency under this Act | ||||||
5 | for
construction or operation of any facility or site located | ||||||
6 | within the
boundaries of any setback zone established pursuant | ||||||
7 | to this Act, where such
construction or operation is | ||||||
8 | prohibited.
| ||||||
9 | (m) The Agency may issue permits to persons owning or | ||||||
10 | operating
a facility for composting landscape waste. In | ||||||
11 | granting such permits, the Agency
may impose such conditions | ||||||
12 | as may be necessary to accomplish the purposes of
this Act, and | ||||||
13 | as are not inconsistent with applicable regulations | ||||||
14 | promulgated
by the Board. Except as otherwise provided in this | ||||||
15 | Act, a bond or other
security shall not be required as a | ||||||
16 | condition for the issuance of a permit. If
the Agency denies | ||||||
17 | any permit pursuant to this subsection, the Agency shall
| ||||||
18 | transmit to the applicant within the time limitations of this | ||||||
19 | subsection
specific, detailed statements as to the reasons the | ||||||
20 | permit application was
denied. Such statements shall include | ||||||
21 | but not be limited to the following:
| ||||||
22 | (1) the Sections of this Act that may be violated if | ||||||
23 | the permit
were granted;
| ||||||
24 | (2) the specific regulations promulgated pursuant to | ||||||
25 | this
Act that may be violated if the permit were granted;
| ||||||
26 | (3) the specific information, if any, the Agency deems |
| |||||||
| |||||||
1 | the
applicant did not provide in its application to the | ||||||
2 | Agency; and
| ||||||
3 | (4) a statement of specific reasons why the Act and | ||||||
4 | the regulations
might be violated if the permit were | ||||||
5 | granted.
| ||||||
6 | If no final action is taken by the Agency within 90 days | ||||||
7 | after the filing
of the application for permit, the applicant | ||||||
8 | may deem the permit issued.
Any applicant for a permit may | ||||||
9 | waive the 90-day limitation by filing a
written statement with | ||||||
10 | the Agency.
| ||||||
11 | The Agency shall issue permits for such facilities upon | ||||||
12 | receipt of an
application that includes a legal description of | ||||||
13 | the site, a topographic
map of the site drawn to the scale of | ||||||
14 | 200 feet to the inch or larger, a
description of the operation, | ||||||
15 | including the area served, an estimate of
the volume of | ||||||
16 | materials to be processed, and documentation that:
| ||||||
17 | (1) the facility includes a setback of at
least 200 | ||||||
18 | feet from the nearest potable water supply well;
| ||||||
19 | (2) the facility is located outside the boundary
of | ||||||
20 | the 10-year floodplain or the site will be floodproofed;
| ||||||
21 | (3) the facility is located so as to minimize
| ||||||
22 | incompatibility with the character of the surrounding | ||||||
23 | area, including at
least a 200 foot setback from any | ||||||
24 | residence, and in the case of a
facility that is developed | ||||||
25 | or the permitted composting area of which is
expanded | ||||||
26 | after November 17, 1991, the composting area is located at |
| |||||||
| |||||||
1 | least 1/8
mile from the nearest residence (other than a | ||||||
2 | residence located on the same
property as the facility);
| ||||||
3 | (4) the design of the facility will prevent any | ||||||
4 | compost material from
being placed within 5 feet of the | ||||||
5 | water table, will adequately control runoff
from the site, | ||||||
6 | and will collect and manage any leachate that is generated | ||||||
7 | on
the site;
| ||||||
8 | (5) the operation of the facility will include | ||||||
9 | appropriate dust
and odor control measures, limitations on | ||||||
10 | operating hours, appropriate
noise control measures for | ||||||
11 | shredding, chipping and similar equipment,
management | ||||||
12 | procedures for composting, containment and disposal of
| ||||||
13 | non-compostable wastes, procedures to be used for
| ||||||
14 | terminating operations at the site, and recordkeeping | ||||||
15 | sufficient to
document the amount of materials received, | ||||||
16 | composted and otherwise
disposed of; and
| ||||||
17 | (6) the operation will be conducted in accordance with | ||||||
18 | any applicable
rules adopted by the Board.
| ||||||
19 | The Agency shall issue renewable permits of not longer | ||||||
20 | than 10 years
in duration for the composting of landscape | ||||||
21 | wastes, as defined in Section
3.155 of this Act, based on the | ||||||
22 | above requirements.
| ||||||
23 | The operator of any facility permitted under this | ||||||
24 | subsection (m) must
submit a written annual statement to the | ||||||
25 | Agency on or before April 1 of
each year that includes an | ||||||
26 | estimate of the amount of material, in tons,
received for |
| |||||||
| |||||||
1 | composting.
| ||||||
2 | (n) The Agency shall issue permits jointly with the | ||||||
3 | Department of
Transportation for the dredging or deposit of | ||||||
4 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
5 | Rivers, Lakes, and Streams Act.
| ||||||
6 | (o) (Blank.)
| ||||||
7 | (p) (1) Any person submitting an application for a permit | ||||||
8 | for a new MSWLF
unit or for a lateral expansion under | ||||||
9 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
10 | unit that has not received and is not subject to local
siting | ||||||
11 | approval under Section 39.2 of this Act shall publish notice | ||||||
12 | of the
application in a newspaper of general circulation in | ||||||
13 | the county in which the
MSWLF unit is or is proposed to be | ||||||
14 | located. The notice must be published at
least 15 days before | ||||||
15 | submission of the permit application to the Agency. The
notice | ||||||
16 | shall state the name and address of the applicant, the | ||||||
17 | location of the
MSWLF unit or proposed MSWLF unit, the nature | ||||||
18 | and size of the MSWLF unit or
proposed MSWLF unit, the nature | ||||||
19 | of the activity proposed, the probable life of
the proposed | ||||||
20 | activity, the date the permit application will be submitted, | ||||||
21 | and a
statement that persons may file written comments with | ||||||
22 | the Agency concerning the
permit application within 30 days | ||||||
23 | after the filing of the permit application
unless the time | ||||||
24 | period to submit comments is extended by the Agency.
| ||||||
25 | When a permit applicant submits information to the Agency | ||||||
26 | to supplement a
permit application being reviewed by the |
| |||||||
| |||||||
1 | Agency, the applicant shall not be
required to reissue the | ||||||
2 | notice under this subsection.
| ||||||
3 | (2) The Agency shall accept written comments concerning | ||||||
4 | the permit
application that are postmarked no later than 30 | ||||||
5 | days after the
filing of the permit application, unless the | ||||||
6 | time period to accept comments is
extended by the Agency.
| ||||||
7 | (3) Each applicant for a permit described in part (1) of | ||||||
8 | this subsection
shall file a
copy of the permit application | ||||||
9 | with the county board or governing body of the
municipality in | ||||||
10 | which the MSWLF unit is or is proposed to be located at the
| ||||||
11 | same time the application is submitted to the Agency. The | ||||||
12 | permit application
filed with the county board or governing | ||||||
13 | body of the municipality shall include
all documents submitted | ||||||
14 | to or to be submitted to the Agency, except trade
secrets as | ||||||
15 | determined under Section 7.1 of this Act. The permit | ||||||
16 | application
and other documents on file with the county board | ||||||
17 | or governing body of the
municipality shall be made available | ||||||
18 | for public inspection during regular
business hours at the | ||||||
19 | office of the county board or the governing body of the
| ||||||
20 | municipality and may be copied upon payment of the actual cost | ||||||
21 | of
reproduction.
| ||||||
22 | (q) Within 6 months after July 12, 2011 (the effective | ||||||
23 | date of Public Act 97-95), the Agency, in consultation with | ||||||
24 | the regulated community, shall develop a web portal to be | ||||||
25 | posted on its website for the purpose of enhancing review and | ||||||
26 | promoting timely issuance of permits required by this Act. At |
| |||||||
| |||||||
1 | a minimum, the Agency shall make the following information | ||||||
2 | available on the web portal: | ||||||
3 | (1) Checklists and guidance relating to the completion | ||||||
4 | of permit applications, developed pursuant to subsection | ||||||
5 | (s) of this Section, which may include, but are not | ||||||
6 | limited to, existing instructions for completing the | ||||||
7 | applications and examples of complete applications. As the | ||||||
8 | Agency develops new checklists and develops guidance, it | ||||||
9 | shall supplement the web portal with those materials. | ||||||
10 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
11 | date of Public Act 97-95), permit application forms or | ||||||
12 | portions of permit applications that can be completed and | ||||||
13 | saved electronically, and submitted to the Agency | ||||||
14 | electronically with digital signatures. | ||||||
15 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
16 | date of Public Act 97-95), an online tracking system where | ||||||
17 | an applicant may review the status of its pending | ||||||
18 | application, including the name and contact information of | ||||||
19 | the permit analyst assigned to the application. Until the | ||||||
20 | online tracking system has been developed, the Agency | ||||||
21 | shall post on its website semi-annual permitting | ||||||
22 | efficiency tracking reports that include statistics on the | ||||||
23 | timeframes for Agency action on the following types of | ||||||
24 | permits received after July 12, 2011 (the effective date | ||||||
25 | of Public Act 97-95): air construction permits, new NPDES | ||||||
26 | permits and associated water construction permits, and |
| |||||||
| |||||||
1 | modifications of major NPDES permits and associated water | ||||||
2 | construction permits. The reports must be posted by | ||||||
3 | February 1 and August 1 each year and shall include: | ||||||
4 | (A) the number of applications received for each | ||||||
5 | type of permit, the number of applications on which | ||||||
6 | the Agency has taken action, and the number of | ||||||
7 | applications still pending; and | ||||||
8 | (B) for those applications where the Agency has | ||||||
9 | not taken action in accordance with the timeframes set | ||||||
10 | forth in this Act, the date the application was | ||||||
11 | received and the reasons for any delays, which may | ||||||
12 | include, but shall not be limited to, (i) the | ||||||
13 | application being inadequate or incomplete, (ii) | ||||||
14 | scientific or technical disagreements with the | ||||||
15 | applicant, USEPA, or other local, state, or federal | ||||||
16 | agencies involved in the permitting approval process, | ||||||
17 | (iii) public opposition to the permit, or (iv) Agency | ||||||
18 | staffing shortages. To the extent practicable, the | ||||||
19 | tracking report shall provide approximate dates when | ||||||
20 | cause for delay was identified by the Agency, when the | ||||||
21 | Agency informed the applicant of the problem leading | ||||||
22 | to the delay, and when the applicant remedied the | ||||||
23 | reason for the delay. | ||||||
24 | (r) Upon the request of the applicant, the Agency shall | ||||||
25 | notify the applicant of the permit analyst assigned to the | ||||||
26 | application upon its receipt. |
| |||||||
| |||||||
1 | (s) The Agency is authorized to prepare and distribute | ||||||
2 | guidance documents relating to its administration of this | ||||||
3 | Section and procedural rules implementing this Section. | ||||||
4 | Guidance documents prepared under this subsection shall not be | ||||||
5 | considered rules and shall not be subject to the Illinois | ||||||
6 | Administrative Procedure Act. Such guidance shall not be | ||||||
7 | binding on any party. | ||||||
8 | (t) Except as otherwise prohibited by federal law or | ||||||
9 | regulation, any person submitting an application for a permit | ||||||
10 | may include with the application suggested permit language for | ||||||
11 | Agency consideration. The Agency is not obligated to use the | ||||||
12 | suggested language or any portion thereof in its permitting | ||||||
13 | decision. If requested by the permit applicant, the Agency | ||||||
14 | shall meet with the applicant to discuss the suggested | ||||||
15 | language. | ||||||
16 | (u) If requested by the permit applicant, the Agency shall | ||||||
17 | provide the permit applicant with a copy of the draft permit | ||||||
18 | prior to any public review period. | ||||||
19 | (v) If requested by the permit applicant, the Agency shall | ||||||
20 | provide the permit applicant with a copy of the final permit | ||||||
21 | prior to its issuance. | ||||||
22 | (w) An air pollution permit shall not be required due to | ||||||
23 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
24 | this Act. | ||||||
25 | (x) If, before the expiration of a State operating permit | ||||||
26 | that is issued pursuant to subsection (a) of this Section and |
| |||||||
| |||||||
1 | contains federally enforceable conditions limiting the | ||||||
2 | potential to emit of the source to a level below the major | ||||||
3 | source threshold for that source so as to exclude the source | ||||||
4 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
5 | complete application for the renewal of that permit, then all | ||||||
6 | of the terms and conditions of the permit shall remain in | ||||||
7 | effect until final administrative action has been taken on the | ||||||
8 | application for the renewal of the permit. | ||||||
9 | (y) The Agency may issue permits exclusively under this | ||||||
10 | subsection to persons owning or operating a CCR surface | ||||||
11 | impoundment subject to Section 22.59. | ||||||
12 | All CCR surface impoundment permits shall contain those | ||||||
13 | terms and conditions, including, but not limited to, schedules | ||||||
14 | of compliance, which may be required to accomplish the | ||||||
15 | purposes and provisions of this Act, Board regulations, the | ||||||
16 | Illinois Groundwater Protection Act and regulations pursuant | ||||||
17 | thereto, and the Resource Conservation and Recovery Act and | ||||||
18 | regulations pursuant thereto, and may include schedules for | ||||||
19 | achieving compliance therewith as soon as possible. | ||||||
20 | The Board shall adopt filing requirements and procedures | ||||||
21 | that are necessary and appropriate for the issuance of CCR | ||||||
22 | surface impoundment permits and that are consistent with this | ||||||
23 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
24 | amended, and regulations pursuant thereto. | ||||||
25 | The applicant shall make available to the public for | ||||||
26 | inspection all documents submitted by the applicant to the |
| |||||||
| |||||||
1 | Agency in furtherance of an application, with the exception of | ||||||
2 | trade secrets, on its public internet website as well as at the | ||||||
3 | office of the county board or governing body of the | ||||||
4 | municipality where CCR from the CCR surface impoundment will | ||||||
5 | be permanently disposed. Such documents may be copied upon | ||||||
6 | payment of the actual cost of reproduction during regular | ||||||
7 | business hours of the local office. | ||||||
8 | The Agency shall issue a written statement concurrent with | ||||||
9 | its grant or denial of the permit explaining the basis for its | ||||||
10 | decision. | ||||||
11 | (Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
| ||||||
12 | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| ||||||
13 | Sec. 40. Appeal of permit denial.
| ||||||
14 | (a)(1) If the Agency refuses to grant or grants with | ||||||
15 | conditions a permit
under Section 39 of this Act, the | ||||||
16 | applicant may, within 35 days after the
date on which the | ||||||
17 | Agency served its decision on the applicant, petition for
a | ||||||
18 | hearing before the Board to contest the decision of the | ||||||
19 | Agency. However,
the 35-day period for petitioning for a | ||||||
20 | hearing may be extended for an
additional period of time not to | ||||||
21 | exceed 90 days by written notice
provided to the Board from the | ||||||
22 | applicant and the Agency within the initial
appeal period. The | ||||||
23 | Board shall give 21 days' notice to any person in the
county | ||||||
24 | where is located the facility in issue who has requested | ||||||
25 | notice of
enforcement proceedings and to each member of the |
| |||||||
| |||||||
1 | General Assembly in whose
legislative district that | ||||||
2 | installation or property is located; and shall
publish that | ||||||
3 | 21-day notice in a newspaper of general circulation in that
| ||||||
4 | county. The Agency shall appear as respondent in such hearing. | ||||||
5 | At such
hearing the rules prescribed in Section 32 and | ||||||
6 | subsection (a) of Section 33 of
this Act shall apply, and the | ||||||
7 | burden of proof shall be on the petitioner. If,
however, the | ||||||
8 | Agency issues an NPDES permit that imposes limits which are | ||||||
9 | based
upon a criterion or denies a permit based upon | ||||||
10 | application of a criterion,
then the Agency shall have the | ||||||
11 | burden of going forward with the basis for
the derivation of | ||||||
12 | those limits or criterion which were derived under the
Board's | ||||||
13 | rules.
| ||||||
14 | (2) Except as provided in paragraph (a)(3), if there is no | ||||||
15 | final action by
the Board within 120 days after the date on | ||||||
16 | which it received the petition,
the petitioner may deem the | ||||||
17 | permit issued under this Act, provided,
however, that that | ||||||
18 | period of 120 days shall not run for any period of time,
not to | ||||||
19 | exceed 30 days, during which the Board is without sufficient | ||||||
20 | membership
to constitute the quorum required by subsection (a) | ||||||
21 | of Section 5 of this Act,
and provided further that such 120 | ||||||
22 | day period shall not be stayed for lack of
quorum beyond 30 | ||||||
23 | days regardless of whether the lack of quorum exists at the
| ||||||
24 | beginning of such 120-day period or occurs during the running | ||||||
25 | of such 120-day
period.
| ||||||
26 | (3) Paragraph (a)(2) shall not apply to any permit which |
| |||||||
| |||||||
1 | is subject
to subsection (b), (d) or (e) of Section 39. If | ||||||
2 | there is no final action by
the Board within 120 days after the | ||||||
3 | date on which it received the petition,
the petitioner shall | ||||||
4 | be entitled to an Appellate Court order pursuant to
subsection | ||||||
5 | (d) of Section 41 of this Act.
| ||||||
6 | (b) If the Agency grants a RCRA permit for a hazardous | ||||||
7 | waste disposal site,
a third party, other than the permit | ||||||
8 | applicant or Agency, may, within 35
days after the date on | ||||||
9 | which the Agency issued its decision, petition the
Board for a | ||||||
10 | hearing to contest the issuance of the permit.
Unless the | ||||||
11 | Board determines that such petition is duplicative or | ||||||
12 | frivolous, or that the petitioner is so located as to
not be | ||||||
13 | affected by the permitted facility, the Board shall hear the
| ||||||
14 | petition in accordance with the terms of subsection (a) of | ||||||
15 | this Section
and its procedural rules governing denial | ||||||
16 | appeals, such hearing to be
based exclusively on the record | ||||||
17 | before the Agency. The burden of proof
shall be on the | ||||||
18 | petitioner. The Agency and the permit applicant shall
be named | ||||||
19 | co-respondents.
| ||||||
20 | The provisions of this subsection do not apply to the | ||||||
21 | granting of permits
issued for the disposal or utilization of | ||||||
22 | sludge from publicly owned publicly-owned sewage
works.
| ||||||
23 | (c) Any party to an Agency proceeding conducted pursuant | ||||||
24 | to Section
39.3 of this Act may petition as of right to the | ||||||
25 | Board for review of the
Agency's decision within 35 days from | ||||||
26 | the date of issuance of the Agency's
decision, provided that |
| |||||||
| |||||||
1 | such appeal is not duplicative
or frivolous.
However, the | ||||||
2 | 35-day period for petitioning for a hearing may be extended
by | ||||||
3 | the applicant for a period of time not to exceed 90 days by | ||||||
4 | written notice
provided to the Board from the applicant and | ||||||
5 | the Agency within the initial
appeal period. If another person | ||||||
6 | with standing to appeal wishes to obtain
an extension, there | ||||||
7 | must be a written notice provided to the Board by that
person, | ||||||
8 | the Agency, and the applicant, within the initial appeal | ||||||
9 | period.
The decision of the Board shall be based exclusively | ||||||
10 | on the record compiled
in the Agency proceeding. In other | ||||||
11 | respects the Board's review shall be
conducted in accordance | ||||||
12 | with subsection (a) of this Section and the Board's
procedural | ||||||
13 | rules governing permit denial appeals.
| ||||||
14 | (d) In reviewing the denial or any condition of a NA NSR | ||||||
15 | permit issued by the
Agency pursuant to rules and regulations | ||||||
16 | adopted under subsection (c)
of Section 9.1 of this Act, the | ||||||
17 | decision of the Board
shall be based exclusively on the record | ||||||
18 | before the Agency including the
record of the hearing, if any, | ||||||
19 | unless the parties agree to supplement the record. The Board | ||||||
20 | shall, if
it finds the Agency is in error, make a final | ||||||
21 | determination as to the
substantive limitations of the permit | ||||||
22 | including a final determination of
Lowest Achievable Emission | ||||||
23 | Rate.
| ||||||
24 | (e)(1) If the Agency grants or denies a permit under | ||||||
25 | subsection (b) of
Section 39 of this Act, a third party, other | ||||||
26 | than the permit applicant or
Agency, may petition the Board |
| |||||||
| |||||||
1 | within 35 days from the date of issuance of
the Agency's | ||||||
2 | decision, for a hearing to contest the decision of the Agency.
| ||||||
3 | (2) A petitioner shall include the following within a | ||||||
4 | petition submitted
under subdivision (1) of this subsection:
| ||||||
5 | (A) a demonstration that the petitioner raised the | ||||||
6 | issues contained
within the petition during the public | ||||||
7 | notice period or during the public
hearing on the NPDES | ||||||
8 | permit application, if a public hearing was held; and
| ||||||
9 | (B) a demonstration that the petitioner is so situated | ||||||
10 | as to be
affected by the permitted facility.
| ||||||
11 | (3) If the Board determines that the petition is not | ||||||
12 | duplicative or frivolous and contains a satisfactory | ||||||
13 | demonstration under
subdivision (2) of this subsection, the | ||||||
14 | Board shall hear the petition (i) in
accordance with the terms | ||||||
15 | of subsection (a) of this Section and its procedural
rules | ||||||
16 | governing permit denial appeals and (ii) exclusively on the | ||||||
17 | basis of the
record before the Agency. The burden of proof | ||||||
18 | shall be on the petitioner.
The Agency and permit applicant | ||||||
19 | shall be named co-respondents.
| ||||||
20 | (f) Any person who files a petition to contest the | ||||||
21 | issuance of a
permit by the Agency shall pay a filing fee.
| ||||||
22 | (g) If the Agency grants or denies a permit under | ||||||
23 | subsection (y) of Section 39, a third party, other than the | ||||||
24 | permit applicant or Agency, may appeal the Agency's decision | ||||||
25 | as provided under federal law for CCR surface impoundment | ||||||
26 | permits. |
| |||||||
| |||||||
1 | (Source: P.A. 100-201, eff. 8-18-17; 101-171, eff. 7-30-19; | ||||||
2 | revised 9-12-19.)
| ||||||
3 | Section 650. The Illinois Pesticide Act is amended by | ||||||
4 | changing Sections 5 and 24.1 as follows:
| ||||||
5 | (415 ILCS 60/5) (from Ch. 5, par. 805)
| ||||||
6 | Sec. 5. Misbranded . : The term misbranded shall apply:
| ||||||
7 | 1. To any pesticide or device designated as requiring | ||||||
8 | registration by
the Director under authority of this Act : ;
| ||||||
9 | A. If its labeling bears any statement or graphic | ||||||
10 | representation relating
to labeling or to the | ||||||
11 | ingredients which is misleading or false in any | ||||||
12 | particular.
| ||||||
13 | B. If it is an imitation of, or is distributed | ||||||
14 | under, the name of another pesticide.
| ||||||
15 | C. If any word, statement, or other required | ||||||
16 | information is not prominently
placed upon the label | ||||||
17 | or labeled with such conspicuousness and in such terms
| ||||||
18 | as to render it readable and understandable by the | ||||||
19 | ordinary person under
customary conditions of purchase | ||||||
20 | and use.
| ||||||
21 | 2. To any pesticide : ;
| ||||||
22 | A. If the labeling does not contain a statement of | ||||||
23 | the federal Federal use classification
under which the | ||||||
24 | product is registered.
|
| |||||||
| |||||||
1 | B. If the labeling accompanying it does not | ||||||
2 | contain directions for use
which are necessary for | ||||||
3 | effecting the purpose for which the product is | ||||||
4 | intended
and any precautions or requirements imposed | ||||||
5 | by FIFRA
which , if complied with, are adequate to | ||||||
6 | protect health and the environment.
| ||||||
7 | C. If the label does not bear : ;
| ||||||
8 | i. Name, brand or trademark under which the | ||||||
9 | pesticide is distributed.
| ||||||
10 | ii. An ingredient statement on that part of | ||||||
11 | the immediate container which
is presented or | ||||||
12 | customarily displayed under usual conditions of | ||||||
13 | purchase.
| ||||||
14 | iii. A warning or caution statement | ||||||
15 | commensurate with the toxicity categories
levels | ||||||
16 | assigned by USEPA.
| ||||||
17 | iv. The net weight or measure of contents.
| ||||||
18 | v. The name and address of the manufacturer, | ||||||
19 | registrant, or person for
whom manufactured.
| ||||||
20 | vi. The USEPA registration number assigned to | ||||||
21 | the pesticide as well as
the USEPA number assigned | ||||||
22 | to the producing or manufacturing establishment
in | ||||||
23 | which the pesticide was produced.
| ||||||
24 | D. If the pesticide contains any substance or | ||||||
25 | substances highly toxic
to man (as defined in the | ||||||
26 | USEPA) unless the label bears, in addition to
other |
| |||||||
| |||||||
1 | label requirements : ;
| ||||||
2 | i. The skull and crossbones.
| ||||||
3 | ii. The word "POISON" in red prominently | ||||||
4 | displayed on a contrasting background.
| ||||||
5 | iii. A statement of practical treatment in | ||||||
6 | case of poisoning by the pesticide.
| ||||||
7 | E. If the pesticide container does not bear a | ||||||
8 | registered label, is not
accompanied by registered | ||||||
9 | labeling instructions, does not bear a label | ||||||
10 | registered
for "experimental use only", or does not | ||||||
11 | bear a label showing SLN registration.
| ||||||
12 | F. If the pesticide container is not in compliance | ||||||
13 | with child
resistant packaging requirements as set | ||||||
14 | forth by the USEPA.
| ||||||
15 | (Source: P.A. 85-177; revised 7-16-19.)
| ||||||
16 | (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
| ||||||
17 | Sec. 24.1. Administrative actions and penalties.
| ||||||
18 | (1) The Director is authorized after an opportunity for an | ||||||
19 | administrative
hearing to suspend, revoke, or modify any | ||||||
20 | license, permit, special order,
registration, or certification | ||||||
21 | issued under this Act. This action may be
taken in addition to | ||||||
22 | or in lieu of monetary penalties assessed as set forth
in this | ||||||
23 | Section. When it is in the interest of the people of the State
| ||||||
24 | of Illinois, the Director may, upon good and sufficient | ||||||
25 | evidence, suspend
the registration, license, or permit until a |
| |||||||
| |||||||
1 | hearing has been held. In
such cases, the Director shall issue | ||||||
2 | an order in writing setting forth the
reasons for the | ||||||
3 | suspension. Such order shall be served personally on the
| ||||||
4 | person or by registered or certified mail sent to the person's | ||||||
5 | business
address as shown in the latest notification to the | ||||||
6 | Department. When such
an order has been issued by the | ||||||
7 | Director, the person may request an immediate
hearing.
| ||||||
8 | (2) Before initiating hearing proceedings, the Director | ||||||
9 | may issue an
advisory letter to a violator of this Act or its | ||||||
10 | rules and regulations when the
violation points total 6 or | ||||||
11 | less, as determined by the Department by the Use
and Violation | ||||||
12 | Criteria established in this Section. When the Department
| ||||||
13 | determines that the violation points total more than 6 but not | ||||||
14 | more than 13,
the Director shall issue a warning letter to the | ||||||
15 | violator.
| ||||||
16 | (3) The hearing officer upon determination of a violation | ||||||
17 | or
violations shall assess one or more of the following | ||||||
18 | penalties:
| ||||||
19 | (A) For any person applying pesticides without a | ||||||
20 | license or
misrepresenting
certification or failing to | ||||||
21 | comply with conditions of an agrichemical
facility permit | ||||||
22 | or failing to comply with the conditions of a written
| ||||||
23 | authorization for land application of agrichemical | ||||||
24 | contaminated soils or
groundwater, a penalty of $500 shall | ||||||
25 | be assessed for the first offense
and $1,000 for the | ||||||
26 | second and subsequent offenses.
|
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | (B) For violations of a stop use order imposed by the | |||||||||||||||||||||||||||||
2 | Director,
the penalty shall be $2500.
| |||||||||||||||||||||||||||||
3 | (C) For violations of a stop sale order imposed by the | |||||||||||||||||||||||||||||
4 | Director, the
penalty shall be $1500 for each individual | |||||||||||||||||||||||||||||
5 | item of the product found in
violation of the order.
| |||||||||||||||||||||||||||||
6 | (D) For selling restricted use pesticides to a | |||||||||||||||||||||||||||||
7 | non-certified
applicator the penalty shall be $1000.
| |||||||||||||||||||||||||||||
8 | (E) For selling restricted use pesticides without a | |||||||||||||||||||||||||||||
9 | dealer's
license the penalty shall be $1,000.
| |||||||||||||||||||||||||||||
10 | (F) For constructing or operating without an | |||||||||||||||||||||||||||||
11 | agrichemical facility
permit after receiving written | |||||||||||||||||||||||||||||
12 | notification, the penalty shall be $500 for
the first | |||||||||||||||||||||||||||||
13 | offense and $1,000 for the second and subsequent offenses.
| |||||||||||||||||||||||||||||
14 | (G) For violations of the Act and rules Rules and | |||||||||||||||||||||||||||||
15 | regulations Regulations , administrative
penalties will be | |||||||||||||||||||||||||||||
16 | based upon the total violation points as determined by
the | |||||||||||||||||||||||||||||
17 | Use and Violation Criteria as set forth in paragraph (4) | |||||||||||||||||||||||||||||
18 | of this
Section.
The monetary penalties shall be as | |||||||||||||||||||||||||||||
19 | follows:
| |||||||||||||||||||||||||||||
|
| |||||||
| |||||||
1 | (4) The following Use and Violation Criteria establishes | ||||||
2 | the point value
which shall be compiled to determine the total | ||||||
3 | violation points and
administrative actions or monetary | ||||||
4 | penalties to be imposed as set forth in
paragraph (3)(G) of | ||||||
5 | this Section:
| ||||||
6 | (A) Point values shall be assessed upon the harm or | ||||||
7 | loss incurred.
| ||||||
8 | (1) A point value of 1 shall be assessed for the | ||||||
9 | following:
| ||||||
10 | (a) Exposure to a pesticide by plants, animals | ||||||
11 | or humans
with no symptoms or damage noted.
| ||||||
12 | (b) Fraudulent sales practices or | ||||||
13 | representations with no
apparent monetary losses | ||||||
14 | involved.
| ||||||
15 | (2) A point value of 2 shall be assessed for the | ||||||
16 | following:
| ||||||
17 | (a) Exposure to a pesticide which resulted in:
| ||||||
18 | (1) Plants or property showing signs of | ||||||
19 | damage including
but not
limited to leaf curl, | ||||||
20 | burning, wilting, spotting, discoloration, or | ||||||
21 | dying.
| ||||||
22 | (2) Garden produce or an agricultural crop | ||||||
23 | not being
harvested on schedule.
| ||||||
24 | (3) Fraudulent sales practices or | ||||||
25 | representations
resulting in losses under | ||||||
26 | $500.
|
| |||||||
| |||||||
1 | (3) A point value of 4 shall be assessed for the | ||||||
2 | following:
| ||||||
3 | (a) Exposure to a pesticide resulting in a | ||||||
4 | human experiencing
headaches, nausea, eye | ||||||
5 | irritation and such other symptoms which persisted
| ||||||
6 | less than 3 days.
| ||||||
7 | (b) Plant or property damage resulting in a | ||||||
8 | loss below $1000.
| ||||||
9 | (c) Animals exhibiting symptoms of pesticide | ||||||
10 | poisoning
including but not limited to eye or skin | ||||||
11 | irritations or lack of coordination.
| ||||||
12 | (d) Death to less than 5 animals.
| ||||||
13 | (e) Fraudulent sales practices or | ||||||
14 | representations resulting
in losses from $500 to | ||||||
15 | $2000.
| ||||||
16 | (4) A point value of 6 shall be assessed for the | ||||||
17 | following:
| ||||||
18 | (a) Exposure to a pesticide resulting in a | ||||||
19 | human experiencing
headaches, nausea, eye | ||||||
20 | irritation and such other symptoms which persisted | ||||||
21 | 3 or
more days.
| ||||||
22 | (b) Plant or property damage resulting in a | ||||||
23 | loss of $1000
or more.
| ||||||
24 | (c) Death to 5 or more animals.
| ||||||
25 | (d) Fraudulent sales practices or | ||||||
26 | representations resulting
in losses over $2000.
|
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | (B) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||
2 | signal word
on the label of the chemical involved:
| |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
7 | (C) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||
8 | degree of
responsibility. | |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
13 | (D) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||
14 | violator's
history for the previous 3 years: | |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
24 | (E) Point values shall be assessed based upon the |
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
1 | violation
type: | ||||||||||||||||||||||||||||||||||||||||||||||
2 | (1) Application Oriented: | ||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
7 | Use contrary to label directions: | ||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
20 | (2) Product Oriented: | ||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
10 | (5) Any penalty not paid within 60 days of notice from | ||||||||||||||||||||||||||||||||||
11 | the Department
shall be submitted to the Attorney | ||||||||||||||||||||||||||||||||||
12 | General's Office for collection.
Failure to pay a penalty | ||||||||||||||||||||||||||||||||||
13 | shall also be grounds for suspension or revocation
of | ||||||||||||||||||||||||||||||||||
14 | permits, licenses and registrations.
| ||||||||||||||||||||||||||||||||||
15 | (6) Private applicators, except those private | ||||||||||||||||||||||||||||||||||
16 | applicators who have
been found by the Department to have | ||||||||||||||||||||||||||||||||||
17 | committed a "use inconsistent with the
label" as defined | ||||||||||||||||||||||||||||||||||
18 | in subsection 40 of Section 4 of this Act, are exempt from
| ||||||||||||||||||||||||||||||||||
19 | the Use and Violation Criteria point values.
| ||||||||||||||||||||||||||||||||||
20 | (Source: P.A. 90-403, eff. 8-15-97; revised 8-19-20.)
| ||||||||||||||||||||||||||||||||||
21 | Section 655. The Mercury Switch Removal Act is amended by | ||||||||||||||||||||||||||||||||||
22 | changing Section 15 as follows:
|
| |||||||
| |||||||
1 | (415 ILCS 97/15) | ||||||
2 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
3 | Sec. 15. Mercury switch collection programs. | ||||||
4 | (a) Within 60 days of April 24, 2006 (the effective date of | ||||||
5 | this Act), manufacturers of vehicles in Illinois that contain | ||||||
6 | mercury switches must begin to implement a mercury switch | ||||||
7 | collection program that facilitates the removal of mercury | ||||||
8 | switches from end-of-life vehicles before the vehicles are | ||||||
9 | flattened, crushed, shredded, or otherwise processed for | ||||||
10 | recycling and to collect and properly manage mercury switches | ||||||
11 | in accordance with the Environmental Protection Act and | ||||||
12 | regulations adopted thereunder. In order to ensure that the | ||||||
13 | mercury switches are removed and collected in a safe and | ||||||
14 | consistent manner, manufacturers must, to the extent | ||||||
15 | practicable, use the currently available end-of-life vehicle | ||||||
16 | recycling infrastructure. The collection program must be | ||||||
17 | designed to achieve capture rates of not less than (i) 35% for | ||||||
18 | the period of July 1, 2006 , through June 30, 2007; (ii) 50% for | ||||||
19 | the period of July 1, 2007 , through June 30, 2008; and (iii) | ||||||
20 | 70% for the period of July 1, 2008 , through June 30, 2009 and | ||||||
21 | for each subsequent period of July 1 through June 30. At a | ||||||
22 | minimum, the collection program must: | ||||||
23 | (1) Develop and provide educational materials that | ||||||
24 | include guidance as to which vehicles may contain mercury | ||||||
25 | switches and procedures for locating and removing mercury |
| |||||||
| |||||||
1 | switches. The materials may include, but are not limited | ||||||
2 | to, brochures, fact sheets, and videos. | ||||||
3 | (2) Conduct outreach activities to encourage vehicle | ||||||
4 | recyclers and vehicle crushers to participate in the | ||||||
5 | mercury switch collection program. The activities may | ||||||
6 | include, but are not limited to, direct mailings, | ||||||
7 | workshops, and site visits.
| ||||||
8 | (3) Provide storage containers to participating | ||||||
9 | vehicle recyclers and vehicle crushers for mercury | ||||||
10 | switches removed under the program.
| ||||||
11 | (4) Provide a collection and transportation system to | ||||||
12 | periodically collect and replace filled storage containers | ||||||
13 | from vehicle recyclers, vehicle crushers, and scrap metal | ||||||
14 | recyclers, either upon notification that a storage | ||||||
15 | container is full or on a schedule predetermined by the | ||||||
16 | manufacturers. | ||||||
17 | (5) Establish an entity that will serve as a point of | ||||||
18 | contact for the collection program and that will | ||||||
19 | establish, implement, and oversee the collection program | ||||||
20 | on behalf of the manufacturers. | ||||||
21 | (6) Track participation in the collection program and | ||||||
22 | the progress of mercury switch removals and collections.
| ||||||
23 | (b) Within 90 days of April 24, 2006 (the effective date of | ||||||
24 | this Act), manufacturers of vehicles in Illinois that contain | ||||||
25 | mercury switches must submit to the Agency an implementation | ||||||
26 | plan that describes how the collection program under |
| |||||||
| |||||||
1 | subsection (a) of this Section will be carried out for the | ||||||
2 | duration of the program and how the program will achieve the | ||||||
3 | capture rates set forth in subsection (a) of this Section. At a | ||||||
4 | minimum, the implementation plan must: | ||||||
5 | (A) Identify the educational materials that will | ||||||
6 | assist vehicle recyclers, vehicle crushers, and scrap | ||||||
7 | metal processors in identifying, removing, and properly | ||||||
8 | managing mercury switches removed from end-of-life | ||||||
9 | vehicles.
| ||||||
10 | (B) Describe the outreach program that will be | ||||||
11 | undertaken to encourage vehicle recyclers and vehicle | ||||||
12 | crushers to participate in the mercury switch collection | ||||||
13 | program.
| ||||||
14 | (C) Describe how the manufacturers will ensure that | ||||||
15 | mercury switches removed from end-of-life vehicles are | ||||||
16 | managed in accordance with the Illinois Environmental | ||||||
17 | Protection Act and regulations adopted thereunder. | ||||||
18 | (D) Describe how the manufacturers will collect and | ||||||
19 | document the information required in the quarterly reports | ||||||
20 | submitted pursuant to subsection (e) of this Section.
| ||||||
21 | (E) Describe how the collection program will be | ||||||
22 | financed and implemented. | ||||||
23 | (F) Identify the manufacturer's address to which the | ||||||
24 | Agency should send the notice required under subsection | ||||||
25 | (f) of this Section.
| ||||||
26 | The Agency shall review the collection program plans it |
| |||||||
| |||||||
1 | receives for completeness and shall notify the manufacturer in | ||||||
2 | writing if a plan is incomplete. Within 30 days after | ||||||
3 | receiving a notification of incompleteness from the Agency , | ||||||
4 | the manufacturer shall submit to the Agency a plan that | ||||||
5 | contains all of the required information. | ||||||
6 | (c) The Agency must provide assistance to manufacturers in | ||||||
7 | their implementation of the collection program required under | ||||||
8 | this Section. The assistance shall include providing | ||||||
9 | manufacturers with information about businesses likely to be | ||||||
10 | engaged in vehicle recycling or vehicle crushing, conducting | ||||||
11 | site visits to promote participation in the collection | ||||||
12 | program, and assisting with the scheduling, locating, and | ||||||
13 | staffing of workshops conducted to encourage vehicle recyclers | ||||||
14 | and vehicle crushers to participate in the collection program. | ||||||
15 | (d) Manufacturers subject to the collection program | ||||||
16 | requirements of this Section shall provide, to the extent | ||||||
17 | practicable, the opportunity for trade associations of vehicle | ||||||
18 | recyclers, vehicle crushers, and scrap metal recyclers to be | ||||||
19 | involved in the delivery and dissemination of educational | ||||||
20 | materials regarding the identification, removal, collection, | ||||||
21 | and proper management of mercury switches in end-of-life | ||||||
22 | vehicles. | ||||||
23 | (e) (Blank). | ||||||
24 | (f) If the reports required under this Act indicate that | ||||||
25 | the capture rates set forth in subsection (a) of this Section | ||||||
26 | for the period of July 1, 2007 , through June 30, 2008 , or for |
| |||||||
| |||||||
1 | any subsequent period have not been met , the Agency shall | ||||||
2 | provide notice that the capture rate was not met; provided, | ||||||
3 | however, that the Agency is not required to provide notice if | ||||||
4 | it determines that the capture rate was not met due to a force | ||||||
5 | majeure. The Agency shall provide the notice by posting a | ||||||
6 | statement on its website and by sending a written notice via | ||||||
7 | certified mail to the manufacturers subject to the collection | ||||||
8 | program requirement of this Section at the addresses provided | ||||||
9 | in the manufacturers' collection plans. Once the Agency | ||||||
10 | provides notice pursuant to this subsection (f) , it is not | ||||||
11 | required to provide notice in subsequent periods in which the | ||||||
12 | capture rate is not met. | ||||||
13 | (g) Beginning 30 days after the Agency first provides | ||||||
14 | notice pursuant to subsection (f) of this Section, the | ||||||
15 | following shall apply: | ||||||
16 | (1) Vehicle recyclers must remove all mercury switches | ||||||
17 | from each end-of-life vehicle before delivering the | ||||||
18 | vehicle to an on-site or off-site vehicle crusher or to a | ||||||
19 | scrap metal recycler, provided that a vehicle recycler is | ||||||
20 | not required to remove a mercury switch that is | ||||||
21 | inaccessible due to significant damage to the vehicle in | ||||||
22 | the area surrounding the mercury switch that occurred | ||||||
23 | before the vehicle recycler's receipt of the vehicle in | ||||||
24 | which case the damage must be noted in the records the | ||||||
25 | vehicle recycler is required to maintain under subsection | ||||||
26 | (c) of Section 10 of this Act. |
| |||||||
| |||||||
1 | (2) No vehicle recycler, vehicle crusher, or scrap | ||||||
2 | metal recycler shall flatten, crush, or otherwise process | ||||||
3 | an end-of-life vehicle for recycling unless all mercury | ||||||
4 | switches have been removed from the vehicle, provided that | ||||||
5 | a mercury switch that is inaccessible due to significant | ||||||
6 | damage to the vehicle in the area surrounding the mercury | ||||||
7 | switch that occurred before the vehicle recycler's, | ||||||
8 | vehicle crusher's, or scrap metal recycler's receipt of | ||||||
9 | the vehicle is not required to be removed. The damage must
| ||||||
10 | be noted in the records the vehicle recycler or vehicle | ||||||
11 | crusher is required to maintain under subsection (c) of | ||||||
12 | Section 10 of this Act. | ||||||
13 | (3) Notwithstanding paragraphs (1) through (2) of this | ||||||
14 | subsection (g), a scrap metal recycler may agree to accept | ||||||
15 | an end-of-life vehicle that contains one or more mercury | ||||||
16 | switches and that has not been flattened, crushed, | ||||||
17 | shredded, or otherwise processed for recycling provided | ||||||
18 | the scrap metal recycler removes all mercury switches from | ||||||
19 | the vehicle before the vehicle is flattened, crushed, | ||||||
20 | shredded, or otherwise processed for recycling. Scrap | ||||||
21 | metal recyclers are not required to remove a mercury | ||||||
22 | switch that is inaccessible due to significant damage to | ||||||
23 | the vehicle in the area surrounding the mercury switch | ||||||
24 | that occurred before the scrap metal recycler's receipt of | ||||||
25 | the vehicle. The damage must be noted in the records the | ||||||
26 | scrap metal recycler is required to maintain under |
| |||||||
| |||||||
1 | subsection (c) of Section 10 of this Act. | ||||||
2 | (4) Manufacturers subject to the collection program | ||||||
3 | requirements of this Section must provide to vehicle | ||||||
4 | recyclers, vehicle crushers, and scrap metal recyclers the | ||||||
5 | following compensation for all mercury switches removed | ||||||
6 | from end-of-life vehicles on or after the date of the | ||||||
7 | notice: $2.00 for each mercury switch removed by the | ||||||
8 | vehicle recycler, vehicle crusher, or the scrap metal | ||||||
9 | recycler, the costs of the containers in which the mercury | ||||||
10 | switches are collected, and the costs of packaging and | ||||||
11 | transporting the mercury switches off-site.
Payment of | ||||||
12 | this compensation must be provided in a prompt manner. | ||||||
13 | (h) In meeting the requirements of this Section, | ||||||
14 | manufacturers may work individually or as part of a group of 2 | ||||||
15 | or more manufacturers.
| ||||||
16 | (Source: P.A. 101-81, eff. 7-12-19; revised 9-12-19.)
| ||||||
17 | Section 660. The Drycleaner Environmental Response Trust | ||||||
18 | Fund Act is amended by changing Section 65 as follows:
| ||||||
19 | (415 ILCS 135/65)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
21 | Sec. 65. Drycleaning solvent tax.
| ||||||
22 | (a) A tax is imposed upon
the use of drycleaning solvent by | ||||||
23 | a person engaged in the business of operating
a drycleaning | ||||||
24 | facility in this State at the rate of $10 per gallon of
|
| |||||||
| |||||||
1 | perchloroethylene or other chlorinated drycleaning solvents | ||||||
2 | used in
drycleaning operations, $2 per gallon of
| ||||||
3 | petroleum-based drycleaning solvent, and $1.75 per gallon of | ||||||
4 | green solvents,
unless the green solvent is used at a virgin | ||||||
5 | facility, in which case the rate
is $0.35 per gallon. The Board | ||||||
6 | may determine by rule which products are
chlorine-based | ||||||
7 | solvents, which products are petroleum-based
solvents, and | ||||||
8 | which products are green solvents. All drycleaning solvents
| ||||||
9 | shall be considered
chlorinated solvents unless the Board | ||||||
10 | determines
that the solvents are petroleum-based drycleaning | ||||||
11 | solvents or green
solvents.
| ||||||
12 | (b) The tax imposed by this Act shall be collected from the | ||||||
13 | purchaser at
the time of sale by a seller of drycleaning | ||||||
14 | solvents maintaining a place of
business in this State and | ||||||
15 | shall be remitted to the Department of Revenue under
the
| ||||||
16 | provisions of this Act.
| ||||||
17 | (c) The tax imposed by this Act that is not collected by a | ||||||
18 | seller of
drycleaning solvents shall be paid directly to the | ||||||
19 | Department of Revenue by the
purchaser or end user who is | ||||||
20 | subject to the tax imposed by this Act.
| ||||||
21 | (d) No tax shall be imposed upon the use of drycleaning | ||||||
22 | solvent if the
drycleaning solvent will not be used in a | ||||||
23 | drycleaning facility or if a floor
stock
tax has been imposed | ||||||
24 | and paid on the drycleaning solvent. Prior to the
purchase of | ||||||
25 | the solvent, the purchaser shall provide a written and signed
| ||||||
26 | certificate to the drycleaning solvent seller stating:
|
| |||||||
| |||||||
1 | (1) the name and address of the purchaser;
| ||||||
2 | (2) the purchaser's signature and date of signing; and
| ||||||
3 | (3) one of the following:
| ||||||
4 | (A) that the drycleaning solvent will not be used | ||||||
5 | in a drycleaning
facility; or
| ||||||
6 | (B) that a floor stock tax has been imposed and | ||||||
7 | paid on the drycleaning
solvent.
| ||||||
8 | (e) On January 1, 1998, there is imposed on each operator | ||||||
9 | of a
drycleaning facility a tax on drycleaning
solvent held by | ||||||
10 | the operator on that date for use in
a drycleaning facility.
| ||||||
11 | The tax imposed shall be
the tax that would have been imposed | ||||||
12 | under
subsection (a)
if the drycleaning solvent held by the | ||||||
13 | operator on that date had been
purchased
by the operator | ||||||
14 | during
the first year of this Act.
| ||||||
15 | (f) On or before the 25th day of the 1st month following | ||||||
16 | the end of the
calendar quarter, a seller of drycleaning | ||||||
17 | solvents who has collected a tax
pursuant to this Section | ||||||
18 | during the previous calendar quarter, or a purchaser
or end | ||||||
19 | user of
drycleaning solvents required under subsection (c) to | ||||||
20 | submit the tax directly
to the Department, shall file a return
| ||||||
21 | with the Department of Revenue. The return shall be filed on a | ||||||
22 | form prescribed
by the Department of Revenue and shall contain | ||||||
23 | information that the Department
of
Revenue reasonably | ||||||
24 | requires, but at a minimum will require the reporting of
the | ||||||
25 | volume of
drycleaning solvent sold to each licensed | ||||||
26 | drycleaner. The Department of Revenue
shall report quarterly |
| |||||||
| |||||||
1 | to the Agency the volume of drycleaning solvent
purchased for | ||||||
2 | the quarter by each licensed drycleaner. Each seller of
| ||||||
3 | drycleaning solvent maintaining a
place of business in this | ||||||
4 | State who is required or authorized to collect the
tax imposed | ||||||
5 | by this Act shall pay to the Department the amount of the tax | ||||||
6 | at
the time when he or she is required to file his or her | ||||||
7 | return for the period
during which the tax was collected. | ||||||
8 | Purchasers or end users remitting the tax
directly to
the | ||||||
9 | Department under subsection (c) shall file a return with
the | ||||||
10 | Department of Revenue and pay the tax so incurred by the | ||||||
11 | purchaser or end
user during
the preceding calendar quarter. | ||||||
12 | Except as provided in this Section, the seller of | ||||||
13 | drycleaning solvents filing the return under this Section | ||||||
14 | shall, at the time of filing the return, pay to the Department | ||||||
15 | the amount of tax imposed by this Act less a discount of 1.75%, | ||||||
16 | or $5 per calendar year, whichever is greater. Failure to | ||||||
17 | timely file the returns and provide to the Department the data | ||||||
18 | requested under this Act will result in disallowance of the | ||||||
19 | reimbursement discount.
| ||||||
20 | (g) The tax on drycleaning solvents
used in drycleaning | ||||||
21 | facilities and the floor stock tax shall be administered by | ||||||
22 | the
Department of Revenue
under rules adopted by that | ||||||
23 | Department.
| ||||||
24 | (h) No person shall knowingly sell or transfer
drycleaning | ||||||
25 | solvent to an operator of a drycleaning facility that is not
| ||||||
26 | licensed by the Agency under Section 60.
|
| |||||||
| |||||||
1 | (i) The Department of Revenue may adopt rules
as necessary | ||||||
2 | to implement this Section.
| ||||||
3 | (j) If any payment provided for in this Section exceeds | ||||||
4 | the seller's liabilities under this Act, as shown on an | ||||||
5 | original return, the seller may credit such excess payment | ||||||
6 | against liability subsequently to be remitted to the | ||||||
7 | Department under this Act, in accordance with reasonable rules | ||||||
8 | adopted by the Department. If the Department subsequently | ||||||
9 | determines that all or any part of the credit taken was not | ||||||
10 | actually due to the seller, the seller's discount shall be | ||||||
11 | reduced by an amount equal to the difference between the | ||||||
12 | discount as applied to the credit taken and that actually due, | ||||||
13 | and the seller shall be liable for penalties and interest on | ||||||
14 | such difference. | ||||||
15 | (Source: P.A. 100-1171, eff. 1-4-19; 101-400, eff. 7-1-20; | ||||||
16 | revised 8-19-20.)
| ||||||
17 | Section 665. The Laser System Act of 1997 is amended by | ||||||
18 | changing Section 15 as follows:
| ||||||
19 | (420 ILCS 56/15)
| ||||||
20 | Sec. 15. Definitions. For the purposes of this Act, unless | ||||||
21 | the context
requires otherwise:
| ||||||
22 | (1) "Agency" means the Illinois Emergency Management | ||||||
23 | Agency.
| ||||||
24 | (2) "Director" means the Director of the Illinois |
| |||||||
| |||||||
1 | Emergency Management Agency.
| ||||||
2 | (3) "FDA" means the Food and Drug Administration of | ||||||
3 | the United States
Department
of Health and Human Services.
| ||||||
4 | (4) "Laser installation" means a location or facility | ||||||
5 | where laser systems
are produced, stored, disposed of, or | ||||||
6 | used for any purpose.
| ||||||
7 | (5) "Laser machine" means a device that is capable of | ||||||
8 | producing laser
radiation when associated controlled | ||||||
9 | devices are operated.
| ||||||
10 | (6) "Laser radiation" means an electromagnetic | ||||||
11 | radiation emitted from a
laser
system and includes all | ||||||
12 | reflected radiation, any secondary radiation, or
other | ||||||
13 | forms of energy resulting from the primary laser beam.
| ||||||
14 | (7) "Laser system" means a device, machine, equipment, | ||||||
15 | or other
apparatus that applies a source of energy to a | ||||||
16 | gas, liquid, crystal, or other
solid substances or | ||||||
17 | combination thereof in a manner that electromagnetic
| ||||||
18 | radiations of a relatively uniform wavelength wave length | ||||||
19 | are amplified and emitted in a
cohesive beam capable of | ||||||
20 | transmitting the energy developed in a manner
that may be | ||||||
21 | harmful to living tissues, including , but not limited to ,
| ||||||
22 | electromagnetic waves in the range of visible, infrared, | ||||||
23 | or ultraviolet light.
Such systems in schools, colleges, | ||||||
24 | occupational schools, and State
colleges and other State | ||||||
25 | institutions are also included in the definition of
"laser | ||||||
26 | systems".
|
| |||||||
| |||||||
1 | (8) "Operator" is an individual, group of individuals, | ||||||
2 | partnership, firm,
corporation, association, or other | ||||||
3 | entity conducting the business or
activities carried on
| ||||||
4 | within a laser installation.
| ||||||
5 | (Source: P.A. 95-777, eff. 8-4-08; revised 8-19-20.)
| ||||||
6 | Section 670. The Fire Investigation Act is amended by | ||||||
7 | changing Section 13.1 as follows:
| ||||||
8 | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
| ||||||
9 | Sec. 13.1. Fire Prevention Fund. | ||||||
10 | (a) There shall be a special fund in the State Treasury
| ||||||
11 | known as the Fire Prevention Fund.
| ||||||
12 | (b) The following moneys shall be deposited into the Fund:
| ||||||
13 | (1) Moneys received by the Department of Insurance | ||||||
14 | under Section 12 of this Act.
| ||||||
15 | (2) All fees and reimbursements received by the | ||||||
16 | Office.
| ||||||
17 | (3) All receipts from boiler and pressure vessel | ||||||
18 | certification, as
provided in Section 13 of the Boiler and | ||||||
19 | Pressure Vessel Safety Act.
| ||||||
20 | (4) Such other moneys as may be provided by law.
| ||||||
21 | (c) The moneys in the Fire Prevention Fund shall be used, | ||||||
22 | subject to
appropriation, for the following purposes:
| ||||||
23 | (1) Of the moneys deposited into the fund under | ||||||
24 | Section 12 of this Act,
12.5% shall be available for the |
| |||||||
| |||||||
1 | maintenance of the Illinois Fire Service
Institute and the | ||||||
2 | expenses, facilities, and structures incident thereto,
and | ||||||
3 | for making transfers into the General Obligation Bond | ||||||
4 | Retirement and
Interest Fund for debt service requirements | ||||||
5 | on bonds issued by the State of
Illinois after January 1, | ||||||
6 | 1986 for the purpose of constructing a training
facility | ||||||
7 | for use by the Institute. An additional 2.5% of the moneys | ||||||
8 | deposited into the Fire Prevention Fund shall be available | ||||||
9 | to the Illinois Fire Service Institute for support of the | ||||||
10 | Cornerstone Training Program.
| ||||||
11 | (2) Of the moneys deposited into the Fund under | ||||||
12 | Section 12 of this Act,
10% shall be available for the | ||||||
13 | maintenance of the Chicago Fire Department
Training | ||||||
14 | Program and the expenses, facilities , and structures | ||||||
15 | incident
thereto, in addition to any moneys payable from | ||||||
16 | the Fund to the City of
Chicago pursuant to the Illinois | ||||||
17 | Fire Protection Training Act.
| ||||||
18 | (3) For making payments to local governmental agencies | ||||||
19 | and individuals
pursuant to Section 10 of the Illinois | ||||||
20 | Fire Protection Training Act.
| ||||||
21 | (4) For the maintenance and operation of the Office of | ||||||
22 | the State Fire
Marshal, and the expenses incident thereto.
| ||||||
23 | (4.5) For the maintenance, operation, and capital | ||||||
24 | expenses of the Mutual Aid Box Alarm System (MABAS). | ||||||
25 | (4.6) For grants awarded by the Small Fire-fighting | ||||||
26 | and Ambulance Service Equipment Grant Program established |
| |||||||
| |||||||
1 | by Section 2.7 of the State Fire Marshal Act. | ||||||
2 | (5) For any other purpose authorized by law.
| ||||||
3 | (c-5) As soon as possible after April 8, 2008 (the | ||||||
4 | effective date of Public Act 95-717) , the Comptroller shall | ||||||
5 | order the transfer and the Treasurer shall transfer $2,000,000 | ||||||
6 | from the Fire Prevention Fund to the Fire Service and Small | ||||||
7 | Equipment Fund, $9,000,000 from the Fire Prevention Fund to | ||||||
8 | the Fire Truck Revolving Loan Fund, and $4,000,000 from the | ||||||
9 | Fire Prevention Fund to the Ambulance Revolving Loan Fund. | ||||||
10 | Beginning on July 1, 2008, each month, or as soon as practical | ||||||
11 | thereafter, an amount equal to $2 from each fine received | ||||||
12 | shall be transferred from the Fire Prevention Fund to the Fire | ||||||
13 | Service and Small Equipment Fund, an amount equal to $1.50 | ||||||
14 | from each fine received shall be transferred from the Fire | ||||||
15 | Prevention Fund to the Fire Truck Revolving Loan Fund, and an | ||||||
16 | amount equal to $4 from each fine received shall be | ||||||
17 | transferred from the Fire Prevention Fund to the Ambulance | ||||||
18 | Revolving Loan Fund. These moneys shall be transferred from | ||||||
19 | the moneys deposited into the Fire Prevention Fund pursuant to | ||||||
20 | Public Act 95-154, together with not more than 25% of any | ||||||
21 | unspent appropriations from the prior fiscal year. These | ||||||
22 | moneys may be allocated to the Fire Truck Revolving Loan Fund, | ||||||
23 | Ambulance Revolving Loan Fund, and Fire Service and Small | ||||||
24 | Equipment Fund at the discretion of the Office for the purpose | ||||||
25 | of implementation of this Act.
| ||||||
26 | (d) Any portion of the Fire Prevention Fund remaining |
| |||||||
| |||||||
1 | unexpended at the
end of any fiscal year which is not needed | ||||||
2 | for the maintenance and expenses of the
Office or the | ||||||
3 | maintenance and expenses of the
Illinois Fire Service | ||||||
4 | Institute , shall remain in the Fire Prevention Fund for the | ||||||
5 | exclusive and restricted uses provided in subsections
(c) and | ||||||
6 | (c-5) of this Section.
| ||||||
7 | (e) The Office shall keep on file an itemized
statement of | ||||||
8 | all expenses incurred which are payable from the Fund, other
| ||||||
9 | than expenses incurred by the Illinois Fire Service Institute, | ||||||
10 | and shall
approve all vouchers issued therefor before they are | ||||||
11 | submitted to the State
Comptroller for payment. Such vouchers | ||||||
12 | shall be allowed and paid in the
same manner as other claims | ||||||
13 | against the State.
| ||||||
14 | (Source: P.A. 101-82, eff. 1-1-20; revised 9-12-19.)
| ||||||
15 | Section 675. The Smoke Detector Act is amended by changing | ||||||
16 | Section 3 as follows:
| ||||||
17 | (425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
| ||||||
18 | (Text of Section before amendment by P.A. 100-200 )
| ||||||
19 | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | ||||||
20 | with at least one
approved smoke detector in an operating | ||||||
21 | condition within 15 feet of every room
used for sleeping | ||||||
22 | purposes. The detector shall be installed on the ceiling
and | ||||||
23 | at least 6 inches from any wall, or on a wall located between 4 | ||||||
24 | and 6
inches from the ceiling.
|
| |||||||
| |||||||
1 | (b) Every single family residence shall have at least one | ||||||
2 | approved smoke
detector installed on every story of the | ||||||
3 | dwelling unit, including basements
but not including | ||||||
4 | unoccupied attics. In dwelling units with split levels,
a | ||||||
5 | smoke detector installed on the upper level shall suffice for | ||||||
6 | the
adjacent lower level if the lower level is less than one | ||||||
7 | full story below
the upper level; however, if there is an | ||||||
8 | intervening door between the
adjacent levels, a smoke detector | ||||||
9 | shall be installed on each level.
| ||||||
10 | (c) Every structure which (1) contains more than one | ||||||
11 | dwelling unit, or
(2) contains at least one dwelling unit and | ||||||
12 | is a mixed-use structure, shall
contain at least one approved | ||||||
13 | smoke detector at the uppermost ceiling of
each interior | ||||||
14 | stairwell. The detector shall be installed on the ceiling,
at | ||||||
15 | least 6 inches from the wall, or on a wall located between 4 | ||||||
16 | and 6
inches from the ceiling.
| ||||||
17 | (d) It shall be the responsibility of the owner of a | ||||||
18 | structure to supply
and install all required detectors. The | ||||||
19 | owner shall be responsible for
making reasonable efforts to | ||||||
20 | test and maintain detectors in common
stairwells and hallways. | ||||||
21 | It shall be the responsibility of a tenant to
test and to | ||||||
22 | provide general maintenance for the detectors within the
| ||||||
23 | tenant's dwelling unit or rooming unit, and to notify the | ||||||
24 | owner or the
authorized agent of the owner in writing of any | ||||||
25 | deficiencies which the
tenant cannot correct. The owner shall | ||||||
26 | be responsible for providing one
tenant per dwelling unit with |
| |||||||
| |||||||
1 | written information regarding detector
testing and | ||||||
2 | maintenance.
| ||||||
3 | The tenant shall be responsible for replacement of any | ||||||
4 | required batteries
in the smoke detectors in the tenant's | ||||||
5 | dwelling unit, except that the owner
shall ensure that such | ||||||
6 | batteries are in operating condition at the time
the tenant | ||||||
7 | takes possession of the dwelling unit. The tenant shall | ||||||
8 | provide
the owner or the authorized agent of the owner with | ||||||
9 | access to the dwelling
unit to correct any deficiencies in the | ||||||
10 | smoke detector which have been
reported in writing to the | ||||||
11 | owner or the authorized agent of the owner.
| ||||||
12 | (e) The requirements of this Section shall apply to any | ||||||
13 | dwelling unit
in existence on July 1, 1988, beginning on that | ||||||
14 | date. Except as provided
in subsections (f) and (g), the smoke | ||||||
15 | detectors required in such dwelling
units may be either | ||||||
16 | battery powered or wired into the structure's AC power
line, | ||||||
17 | and need not be interconnected.
| ||||||
18 | (f) In the case of any dwelling unit that is newly | ||||||
19 | constructed,
reconstructed, or substantially remodelled after | ||||||
20 | December 31, 1987, the
requirements of this Section shall | ||||||
21 | apply beginning on the first day of
occupancy of the dwelling | ||||||
22 | unit after such construction, reconstruction or
substantial | ||||||
23 | remodelling. The smoke detectors required in such dwelling
| ||||||
24 | unit shall be permanently wired into the structure's AC power | ||||||
25 | line, and if
more than one detector is required to be installed | ||||||
26 | within the dwelling
unit, the detectors shall be wired so that |
| |||||||
| |||||||
1 | the actuation of one detector
will actuate all the detectors | ||||||
2 | in the dwelling unit.
| ||||||
3 | In the case of any dwelling unit that is newly | ||||||
4 | constructed,
reconstructed, or substantially remodeled on or | ||||||
5 | after January 1, 2011, smoke detectors permanently wired into | ||||||
6 | the structure's AC power line must also maintain an | ||||||
7 | alternative back-up power source, which may be either a | ||||||
8 | battery or batteries or an emergency generator. | ||||||
9 | (g) Every hotel shall be equipped with operational | ||||||
10 | portable
smoke-detecting alarm devices for the deaf and | ||||||
11 | hearing impaired of audible
and visual design, available for | ||||||
12 | units of occupancy.
| ||||||
13 | Specialized smoke detectors smoke-detectors for the deaf | ||||||
14 | and hearing impaired shall be
available upon request by guests | ||||||
15 | in such hotels at a rate
of at least one such smoke detector | ||||||
16 | per 75 occupancy units or portions
thereof, not to exceed 5 | ||||||
17 | such smoke detectors per hotel.
Incorporation or connection | ||||||
18 | into an existing interior alarm system, so as
to be capable of | ||||||
19 | being activated by the system, may be utilized in lieu of
the | ||||||
20 | portable alarms.
| ||||||
21 | Operators of any hotel shall post conspicuously at the | ||||||
22 | main desk a
permanent notice, in letters at least 3 inches in | ||||||
23 | height, stating that
smoke detector alarm devices for the deaf | ||||||
24 | and hearing impaired are
available. The proprietor may require | ||||||
25 | a refundable deposit for a portable
smoke detector not to | ||||||
26 | exceed the cost of the detector.
|
| |||||||
| |||||||
1 | (g-5) A hotel, as defined in this Act, shall be | ||||||
2 | responsible for installing and maintaining smoke detecting | ||||||
3 | equipment. | ||||||
4 | (h) Compliance with an applicable federal, State , or local | ||||||
5 | law or
building code which requires the installation and | ||||||
6 | maintenance of smoke
detectors in a manner different from this | ||||||
7 | Section, but providing a level of
safety for occupants which | ||||||
8 | is equal to or greater than that provided by
this Section, | ||||||
9 | shall be deemed to be in compliance with this Section, and
the | ||||||
10 | requirements of such more stringent law shall govern over the
| ||||||
11 | requirements of this Section.
| ||||||
12 | (Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12; | ||||||
13 | revised 8-19-20.)
| ||||||
14 | (Text of Section after amendment by P.A. 100-200 )
| ||||||
15 | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | ||||||
16 | with at least one
approved smoke detector in an operating | ||||||
17 | condition within 15 feet of every room
used for sleeping | ||||||
18 | purposes. The detector shall be installed on the ceiling
and | ||||||
19 | at least 6 inches from any wall, or on a wall located between 4 | ||||||
20 | and 6
inches from the ceiling.
| ||||||
21 | (b) Every single family residence shall have at least one | ||||||
22 | approved smoke
detector installed on every story of the | ||||||
23 | dwelling unit, including basements
but not including | ||||||
24 | unoccupied attics. In dwelling units with split levels,
a | ||||||
25 | smoke detector installed on the upper level shall suffice for |
| |||||||
| |||||||
1 | the
adjacent lower level if the lower level is less than one | ||||||
2 | full story below
the upper level; however, if there is an | ||||||
3 | intervening door between the
adjacent levels, a smoke detector | ||||||
4 | shall be installed on each level.
| ||||||
5 | (c) Every structure which (1) contains more than one | ||||||
6 | dwelling unit, or
(2) contains at least one dwelling unit and | ||||||
7 | is a mixed-use structure, shall
contain at least one approved | ||||||
8 | smoke detector at the uppermost ceiling of
each interior | ||||||
9 | stairwell. The detector shall be installed on the ceiling,
at | ||||||
10 | least 6 inches from the wall, or on a wall located between 4 | ||||||
11 | and 6
inches from the ceiling.
| ||||||
12 | (d) It shall be the responsibility of the owner of a | ||||||
13 | structure to supply
and install all required detectors. The | ||||||
14 | owner shall be responsible for
making reasonable efforts to | ||||||
15 | test and maintain detectors in common
stairwells and hallways. | ||||||
16 | It shall be the responsibility of a tenant to
test and to | ||||||
17 | provide general maintenance for the detectors within the
| ||||||
18 | tenant's dwelling unit or rooming unit, and to notify the | ||||||
19 | owner or the
authorized agent of the owner in writing of any | ||||||
20 | deficiencies which the
tenant cannot correct. The owner shall | ||||||
21 | be responsible for providing one
tenant per dwelling unit with | ||||||
22 | written information regarding detector
testing and | ||||||
23 | maintenance.
| ||||||
24 | The tenant shall be responsible for replacement of any | ||||||
25 | required batteries
in the smoke detectors in the tenant's | ||||||
26 | dwelling unit, except that the owner
shall ensure that such |
| |||||||
| |||||||
1 | batteries are in operating condition at the time
the tenant | ||||||
2 | takes possession of the dwelling unit. The tenant shall | ||||||
3 | provide
the owner or the authorized agent of the owner with | ||||||
4 | access to the dwelling
unit to correct any deficiencies in the | ||||||
5 | smoke detector which have been
reported in writing to the | ||||||
6 | owner or the authorized agent of the owner.
| ||||||
7 | (e) The requirements of this Section shall apply to any | ||||||
8 | dwelling unit
in existence on July 1, 1988, beginning on that | ||||||
9 | date. Except as provided
in subsections (f) and (g), the smoke | ||||||
10 | detectors required in such dwelling
units may be either: | ||||||
11 | battery powered provided the battery is a self-contained, | ||||||
12 | non-removable, long-term long term battery, or wired into the | ||||||
13 | structure's AC power
line, and need not be interconnected.
| ||||||
14 | (1) The battery requirements of this Section shall | ||||||
15 | apply to battery-powered battery powered smoke detectors | ||||||
16 | that: (A) are in existence and exceed 10 years from the | ||||||
17 | date of their being manufactured; (B) fail fails to | ||||||
18 | respond to operability tests or otherwise malfunction | ||||||
19 | malfunctions ; or (C) are newly installed. | ||||||
20 | (2) The battery requirements of this Section do not | ||||||
21 | apply to: (A) a fire alarm, smoke detector, smoke alarm, | ||||||
22 | or ancillary component that is electronically connected as | ||||||
23 | a part of a centrally monitored or supervised alarm | ||||||
24 | system; (B) a fire alarm, smoke detector, smoke alarm, or | ||||||
25 | ancillary component that uses: (i) a low-power radio | ||||||
26 | frequency wireless communication signal, or (ii) Wi-Fi or |
| |||||||
| |||||||
1 | other wireless Local Area Networking capability to send | ||||||
2 | and receive notifications to and from the Internet, such | ||||||
3 | as early low battery warnings before the device reaches a | ||||||
4 | critical low power level; or (C) such other devices as the | ||||||
5 | State Fire Marshal shall designate through its regulatory | ||||||
6 | process. | ||||||
7 | (f) In the case of any dwelling unit that is newly | ||||||
8 | constructed,
reconstructed, or substantially remodelled after | ||||||
9 | December 31, 1987, the
requirements of this Section shall | ||||||
10 | apply beginning on the first day of
occupancy of the dwelling | ||||||
11 | unit after such construction, reconstruction or
substantial | ||||||
12 | remodelling. The smoke detectors required in such dwelling
| ||||||
13 | unit shall be permanently wired into the structure's AC power | ||||||
14 | line, and if
more than one detector is required to be installed | ||||||
15 | within the dwelling
unit, the detectors shall be wired so that | ||||||
16 | the actuation of one detector
will actuate all the detectors | ||||||
17 | in the dwelling unit.
| ||||||
18 | In the case of any dwelling unit that is newly | ||||||
19 | constructed,
reconstructed, or substantially remodeled on or | ||||||
20 | after January 1, 2011, smoke detectors permanently wired into | ||||||
21 | the structure's AC power line must also maintain an | ||||||
22 | alternative back-up power source, which may be either a | ||||||
23 | battery or batteries or an emergency generator. | ||||||
24 | (g) Every hotel shall be equipped with operational | ||||||
25 | portable
smoke-detecting alarm devices for the deaf and | ||||||
26 | hearing impaired of audible
and visual design, available for |
| |||||||
| |||||||
1 | units of occupancy.
| ||||||
2 | Specialized smoke detectors smoke-detectors for the deaf | ||||||
3 | and hearing impaired shall be
available upon request by guests | ||||||
4 | in such hotels at a rate
of at least one such smoke detector | ||||||
5 | per 75 occupancy units or portions
thereof, not to exceed 5 | ||||||
6 | such smoke detectors per hotel.
Incorporation or connection | ||||||
7 | into an existing interior alarm system, so as
to be capable of | ||||||
8 | being activated by the system, may be utilized in lieu of
the | ||||||
9 | portable alarms.
| ||||||
10 | Operators of any hotel shall post conspicuously at the | ||||||
11 | main desk a
permanent notice, in letters at least 3 inches in | ||||||
12 | height, stating that
smoke detector alarm devices for the deaf | ||||||
13 | and hearing impaired are
available. The proprietor may require | ||||||
14 | a refundable deposit for a portable
smoke detector not to | ||||||
15 | exceed the cost of the detector.
| ||||||
16 | (g-5) A hotel, as defined in this Act, shall be | ||||||
17 | responsible for installing and maintaining smoke detecting | ||||||
18 | equipment. | ||||||
19 | (h) Compliance with an applicable federal, State , or local | ||||||
20 | law or
building code which requires the installation and | ||||||
21 | maintenance of smoke
detectors in a manner different from this | ||||||
22 | Section, but providing a level of
safety for occupants which | ||||||
23 | is equal to or greater than that provided by
this Section, | ||||||
24 | shall be deemed to be in compliance with this Section, and
the | ||||||
25 | requirements of such more stringent law shall govern over the
| ||||||
26 | requirements of this Section.
|
| |||||||
| |||||||
1 | (i) The requirements of this Section shall not apply to | ||||||
2 | dwelling units and hotels within municipalities with a | ||||||
3 | population over 1,000,000 inhabitants. | ||||||
4 | (Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
| ||||||
5 | Section 680. The Firearm Dealer License Certification Act | ||||||
6 | is amended by changing Sections 5-1 and 5-5 as follows:
| ||||||
7 | (430 ILCS 68/5-1)
| ||||||
8 | Sec. 5-1. Short title. This Article 5 1 may be cited as | ||||||
9 | the Firearm Dealer License Certification Act. References in | ||||||
10 | this Article to "this Act" mean this Article.
| ||||||
11 | (Source: P.A. 100-1178, eff. 1-18-19; revised 7-16-19.)
| ||||||
12 | (430 ILCS 68/5-5)
| ||||||
13 | Sec. 5-5. Definitions. In this Act: | ||||||
14 | "Certified licensee" means a licensee that has previously | ||||||
15 | certified its license with the Department
under this Act. | ||||||
16 | "Department" means the Department of State Police. | ||||||
17 | "Director" means the Director of State Police. | ||||||
18 | "Entity" means any person, firm, corporation, group of | ||||||
19 | individuals, or other legal entity. | ||||||
20 | "Inventory" means firearms in the possession of an | ||||||
21 | individual or entity for the purpose of sale or
transfer.
| ||||||
22 | "License" means a Federal Firearms License authorizing a | ||||||
23 | person or entity to engage in the business of
dealing |
| |||||||
| |||||||
1 | firearms.
| ||||||
2 | "Licensee" means a person, firm, corporation, or other | ||||||
3 | entity who has been given, and is currently in
possession of, a | ||||||
4 | valid Federal Firearms License. | ||||||
5 | "Retail location" means a store open to the public from | ||||||
6 | which a certified licensee
engages in the business of selling, | ||||||
7 | transferring, or facilitating a sale or transfer of a firearm.
| ||||||
8 | For purposes of this Act, the World Shooting and Recreational | ||||||
9 | Complex, a gun show, or a similar event at which a certified | ||||||
10 | licensee engages in business from time to time is not a retail | ||||||
11 | location.
| ||||||
12 | (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19; | ||||||
13 | revised 9-12-19.)
| ||||||
14 | Section 685. The Animal Control Act is amended by changing | ||||||
15 | Section 11 as follows:
| ||||||
16 | (510 ILCS 5/11) (from Ch. 8, par. 361)
| ||||||
17 | Sec. 11. Animal placement. When not redeemed by the owner, | ||||||
18 | agent, or caretaker, a dog or cat must be scanned for a | ||||||
19 | microchip. If a microchip is present, the registered owner or | ||||||
20 | chip purchaser , if the purchaser was a nonprofit organization, | ||||||
21 | animal shelter, animal control facility, pet store, breeder, | ||||||
22 | or veterinary office , must be notified. After contact has been | ||||||
23 | made or attempted, dogs deemed adoptable by the animal control | ||||||
24 | facility shall be offered for adoption, or made available to a |
| |||||||
| |||||||
1 | licensed animal shelter , or rescue group. After contact has | ||||||
2 | been made or attempted, the animal control facility may | ||||||
3 | either: (1) offer the cat for adoption; (2) return to field or | ||||||
4 | transfer the cat after sterilization; or (3) make the cat | ||||||
5 | available to a licensed animal shelter or animal control | ||||||
6 | facility. The animal may be
humanely dispatched pursuant to | ||||||
7 | the Humane Euthanasia in Animal Shelters
Act. An animal | ||||||
8 | control facility or animal shelter shall not adopt or release | ||||||
9 | any dog or cat to anyone other than the owner or a foster home | ||||||
10 | unless the animal has been rendered incapable of
reproduction
| ||||||
11 | and microchipped. This Act shall not
prevent humane societies | ||||||
12 | or animal shelters from engaging in activities set forth by | ||||||
13 | their
charters; provided, they are not inconsistent with | ||||||
14 | provisions of this Act
and other existing laws. No animal | ||||||
15 | shelter or animal control facility shall
release dogs or cats | ||||||
16 | to an individual representing a rescue group, unless the
group | ||||||
17 | has been licensed by the Department of Agriculture or
is a | ||||||
18 | representative of a not-for-profit out-of-state organization, | ||||||
19 | animal shelter, or animal control facility. The Department may | ||||||
20 | suspend or
revoke the license of
any animal shelter or animal | ||||||
21 | control facility that fails to comply with the
requirements | ||||||
22 | set forth in this Section or that fails to report its intake | ||||||
23 | and euthanasia statistics as required by law each year.
| ||||||
24 | (Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19; | ||||||
25 | revised 8-20-20.)
|
| |||||||
| |||||||
1 | Section 690. The Illinois Highway Code is amended by | ||||||
2 | changing Sections 6-115 and 6-134 as follows:
| ||||||
3 | (605 ILCS 5/6-115) (from Ch. 121, par. 6-115)
| ||||||
4 | Sec. 6-115.
(a) Except as provided in Section 10-20 of the | ||||||
5 | Township Code or subsection (b), no
person shall be eligible | ||||||
6 | to the office of highway
commissioner unless he shall be a | ||||||
7 | legal voter and has been one year a
resident of the district. | ||||||
8 | In road districts that elect a clerk , the same
limitation | ||||||
9 | shall apply to the district clerk.
| ||||||
10 | (b) A board of trustees may (i) appoint a non-resident or a | ||||||
11 | resident that has not resided in the district for one year to | ||||||
12 | be a highway commissioner, or (ii) contract with a neighboring | ||||||
13 | township to provide highway commissioner services if: | ||||||
14 | (1) the district is within a township with no | ||||||
15 | incorporated town; | ||||||
16 | (2) the township has is a population of less than 500; | ||||||
17 | and | ||||||
18 | (3) no qualified candidate who has resided in the | ||||||
19 | township for at least one year is willing to serve as | ||||||
20 | highway commissioner. | ||||||
21 | (Source: P.A. 101-197, eff. 1-1-20; revised 9-12-19.)
| ||||||
22 | (605 ILCS 5/6-134) | ||||||
23 | Sec. 6-134. Abolishing a road district. | ||||||
24 | (a) By resolution, the board of trustees of any township |
| |||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
1 | located in a county with less than 3,000,000 inhabitants may | ||||||||||||||||||||||||||||||||||
2 | submit a proposition to abolish the road district of that | ||||||||||||||||||||||||||||||||||
3 | township to the electors of that township at a general | ||||||||||||||||||||||||||||||||||
4 | election or consolidated election in accordance with the | ||||||||||||||||||||||||||||||||||
5 | general election law. The ballot shall be in substantially the | ||||||||||||||||||||||||||||||||||
6 | following form:
| ||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
14 | In the event that a majority of the electors voting on such | ||||||||||||||||||||||||||||||||||
15 | proposition are in favor thereof, then the road district shall | ||||||||||||||||||||||||||||||||||
16 | be abolished by operation of law effective 90 days after vote | ||||||||||||||||||||||||||||||||||
17 | certification by the governing election authority or on the | ||||||||||||||||||||||||||||||||||
18 | date the term of the highway commissioner in office at the time | ||||||||||||||||||||||||||||||||||
19 | the proposition was approved by the electors expires, | ||||||||||||||||||||||||||||||||||
20 | whichever is later. | ||||||||||||||||||||||||||||||||||
21 | On that date, all the rights, powers, duties, assets, | ||||||||||||||||||||||||||||||||||
22 | property, liabilities, obligations, and responsibilities of | ||||||||||||||||||||||||||||||||||
23 | the road district shall by operation of law vest in and be | ||||||||||||||||||||||||||||||||||
24 | assumed by the township. On that date, the township board of |
| |||||||
| |||||||
1 | trustees shall assume all taxing authority of a road district | ||||||
2 | abolished under this Section. On that date, any highway | ||||||
3 | commissioner of the abolished road district shall cease to | ||||||
4 | hold office, such term having been terminated. Thereafter, the | ||||||
5 | township shall exercise all duties and responsibilities of the | ||||||
6 | highway commissioner as provided in the Illinois Highway Code. | ||||||
7 | The township board of trustees may enter into a contract with | ||||||
8 | the county, a municipality, or a private contractor to | ||||||
9 | administer the roads under its jurisdiction. The township | ||||||
10 | board of trustees shall assume all taxing authority of a | ||||||
11 | township road district abolished under this subsection. For | ||||||
12 | purposes of distribution of revenue, the township shall assume | ||||||
13 | the powers, duties, and obligations of the road district. | ||||||
14 | Distribution of revenue by the township to the treasurer of a | ||||||
15 | municipality under Section 6-507 shall be only paid from | ||||||
16 | moneys levied for road purposes pursuant to Division 5 of | ||||||
17 | Article 6 of this the Illinois Highway Code.
| ||||||
18 | (b) If a referendum passed under subsection (a) at the | ||||||
19 | November 6, 2018 election and a road district has not been | ||||||
20 | abolished as provided in subsection (a) by August 23, 2019 | ||||||
21 | ( the effective date of Public Act 101-519) this amendatory Act | ||||||
22 | of the 101st General Assembly : | ||||||
23 | (1) the township board shall have the sole authority | ||||||
24 | relating to the following duties and powers of the road | ||||||
25 | district until the date of abolition: | ||||||
26 | (A) creating and approving the budget of the road |
| |||||||
| |||||||
1 | district; | ||||||
2 | (B) levying taxes (the township board of trustees | ||||||
3 | assumes all taxing authority of the township road | ||||||
4 | district); | ||||||
5 | (C) entering into contracts for the road district; | ||||||
6 | (D) employing and fixing the compensation of road | ||||||
7 | district employees that the township board deems | ||||||
8 | necessary; and | ||||||
9 | (E) setting and adopting rules concerning all | ||||||
10 | benefits available to employees of the road district ; . | ||||||
11 | (2) the road district or the highway commissioner may | ||||||
12 | not commence or maintain litigation against the township | ||||||
13 | to resolve any dispute related to the road district | ||||||
14 | regarding powers of the office of the highway | ||||||
15 | commissioner, the powers of the supervisor, or the powers | ||||||
16 | of the township board. | ||||||
17 | (c) If a township has approved a consolidated road | ||||||
18 | district after a referendum under Section 6-109 and the | ||||||
19 | consolidation is not yet effective and if the township | ||||||
20 | subsequently approves a referendum under this Section, then | ||||||
21 | the consolidation under Section 6-109 is void and shall not | ||||||
22 | occur. | ||||||
23 | (Source: P.A. 100-106, eff. 1-1-18; 101-519, eff. 8-23-19; | ||||||
24 | revised 8-20-20.)
| ||||||
25 | Section 695. The Illinois Vehicle Code is amended by |
| |||||||
| |||||||
1 | changing Sections 1-158.5, 2-111, 3-421, 3-609, 3-699.14, | ||||||
2 | 3-704, 3-802, 3-806.3, 4-104, 4-105, 6-106, 6-206, 6-209.1, | ||||||
3 | 6-306.5, 11-208.3, 11-501.9, 11-502.1, 11-704, 11-1006, | ||||||
4 | 11-1412.3, and 12-610.2 and by setting forth and renumbering | ||||||
5 | multiple versions of Section 3-699.17 as follows:
| ||||||
6 | (625 ILCS 5/1-158.5) (from Ch. 95 1/2, par. 1-300)
| ||||||
7 | Sec. 1-158.5. Penalties and offenses; definitions | ||||||
8 | offenses-definitions . The following words and phrases when | ||||||
9 | used in this Act, shall , for the
purposes of this Act, have the | ||||||
10 | meanings ascribed to them in Chapter Article V of
the " Unified | ||||||
11 | Code of Corrections ", as now or hereafter amended :
| ||||||
12 | Business Offense;
| ||||||
13 | Conviction;
| ||||||
14 | Court;
| ||||||
15 | Felony;
| ||||||
16 | Class 1 Felony;
| ||||||
17 | Class 2 Felony;
| ||||||
18 | Class 3 Felony;
| ||||||
19 | Class 4 Felony;
| ||||||
20 | Imprisonment;
| ||||||
21 | Judgment;
| ||||||
22 | Misdemeanor;
| ||||||
23 | Class A Misdemeanor;
| ||||||
24 | Class B Misdemeanor;
| ||||||
25 | Class C Misdemeanor;
|
| |||||||
| |||||||
1 | Offense;
| ||||||
2 | Petty Offense;
| ||||||
3 | Sentence.
| ||||||
4 | (Source: P.A. 90-89, eff. 1-1-98; revised 8-20-20.)
| ||||||
5 | (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) | ||||||
6 | Sec. 2-111. Seizure or confiscation of documents and | ||||||
7 | plates.
| ||||||
8 | (a) The Secretary of State or any law enforcement entity | ||||||
9 | is
authorized to take possession of any certificate of title, | ||||||
10 | registration
card, permit, license, registration plate or | ||||||
11 | digital registration plate, plates, disability
license plate | ||||||
12 | or parking decal or device, or registration sticker or digital | ||||||
13 | registration sticker
issued by the Secretary or her upon | ||||||
14 | expiration, revocation, cancellation , or suspension thereof,
| ||||||
15 | or which is fictitious, or which has been unlawfully or | ||||||
16 | erroneously issued.
Police officers who have seized such items | ||||||
17 | shall return the items to the Secretary of State in a manner | ||||||
18 | and form set forth by the Secretary in administrative rule to | ||||||
19 | take possession of such item or items.
| ||||||
20 | (b) The Secretary of State is authorized to confiscate any | ||||||
21 | suspected
fraudulent,
fictitious, or altered documents | ||||||
22 | submitted by an applicant in support of an
application for
a | ||||||
23 | driver's license or permit.
| ||||||
24 | (Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; | ||||||
25 | revised 9-24-19.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
| ||||||
2 | Sec. 3-421. Right of reassignment. | ||||||
3 | (a) Every natural person
shall have the right of | ||||||
4 | reassignment of the license number issued
to him during the | ||||||
5 | current registration plate or digital registration plate term, | ||||||
6 | for the
ensuing registration plate or digital registration | ||||||
7 | plate term, provided his or her application
for reassignment | ||||||
8 | is received in the Office of the Secretary of
State on or | ||||||
9 | before September 30 of the final year of the
registration | ||||||
10 | plate or digital registration plate term as to a vehicle | ||||||
11 | registered on a calendar
year, and on or before March 31 as to | ||||||
12 | a vehicle registered on
a fiscal year. The right of | ||||||
13 | reassignment shall apply to every natural person
under the | ||||||
14 | staggered registration system provided the application for | ||||||
15 | reassignment
is received in the Office of the Secretary of | ||||||
16 | State by the 1st day of the
month immediately preceding the | ||||||
17 | applicant's month of expiration.
| ||||||
18 | In addition, every natural person shall have the right of
| ||||||
19 | reassignment of the license number issued to him for a | ||||||
20 | two-year
registration, for the ensuing two-year period. Where | ||||||
21 | the
two-year period is for two calendar years, the application
| ||||||
22 | for reassignment must be received by the Secretary
of State on | ||||||
23 | or before September 30th of the year preceding
commencement of | ||||||
24 | the two-year period. Where the two-year
period is for two | ||||||
25 | fiscal years commencing on July 1, the
application for |
| |||||||
| |||||||
1 | reassignment must be received by the Secretary
of State on or | ||||||
2 | before April 30th immediately preceding
commencement of the | ||||||
3 | two-year period.
| ||||||
4 | (b) Notwithstanding the above provision, the Secretary of
| ||||||
5 | State shall, subject to the existing right of reassignment,
| ||||||
6 | have the authority to designate new specific combinations of
| ||||||
7 | numerical, alpha-numerical, and numerical-alpha licenses for
| ||||||
8 | vehicles registered on a calendar year or on a fiscal year,
| ||||||
9 | whether the license be issued for one or more years. The new
| ||||||
10 | combinations so specified shall not be subject to the right
of | ||||||
11 | reassignment, and no right of reassignment thereto may at
any | ||||||
12 | future time be acquired.
| ||||||
13 | (c) If a person has a registration plate in his or her name | ||||||
14 | and seeks to reassign the registration plate to his or her | ||||||
15 | spouse, the Secretary shall waive any transfer fee or vanity | ||||||
16 | or personalized registration plate fee upon both spouses | ||||||
17 | signing a form authorizing the reassignment of registration. | ||||||
18 | (c-1) If a person who that has a registration plate in his | ||||||
19 | or her name seeks to reassign the registration plate to his or | ||||||
20 | her child, the Secretary shall waive any transfer fee or | ||||||
21 | vanity or personalized registration plate fee. | ||||||
22 | (Source: P.A. 101-395, eff. 8-16-19; 101-611, eff. 6-1-20; | ||||||
23 | revised 8-4-20.)
| ||||||
24 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
25 | Sec. 3-609. Plates for veterans with disabilities. |
| |||||||
| |||||||
1 | (a) Any veteran who holds proof of a service-connected | ||||||
2 | disability from the United States Department of Veterans | ||||||
3 | Affairs, and who has obtained certification from a licensed | ||||||
4 | physician, physician assistant, or advanced practice | ||||||
5 | registered nurse that the service-connected disability | ||||||
6 | qualifies the veteran for issuance of registration plates or | ||||||
7 | digital registration plates or decals to a person with | ||||||
8 | disabilities in accordance with Section 3-616, may, without | ||||||
9 | the payment of any registration fee, make application to the | ||||||
10 | Secretary of State for license plates for veterans with | ||||||
11 | disabilities displaying the international symbol of access, | ||||||
12 | for the registration of one motor vehicle of the first | ||||||
13 | division, one motorcycle, or one motor vehicle of the second | ||||||
14 | division weighing not more than 8,000 pounds. | ||||||
15 | (b) Any veteran who holds proof of a service-connected | ||||||
16 | disability from the United States Department of Veterans | ||||||
17 | Affairs, and whose degree of disability has been declared to | ||||||
18 | be 50% or more, but whose disability does not qualify the | ||||||
19 | veteran for a plate or decal for persons with disabilities | ||||||
20 | under Section 3-616, may, without the payment of any | ||||||
21 | registration fee, make application to the Secretary for a | ||||||
22 | special registration plate or digital registration plate | ||||||
23 | without the international symbol of access for the | ||||||
24 | registration of one motor vehicle of the first division, one | ||||||
25 | motorcycle, or one motor vehicle of the second division | ||||||
26 | weighing not more than 8,000 pounds.
|
| |||||||
| |||||||
1 | (c) Renewal of such registration must be accompanied with | ||||||
2 | documentation
for eligibility of registration without fee | ||||||
3 | unless the applicant has a
permanent qualifying disability, | ||||||
4 | and such registration plates or digital registration plates | ||||||
5 | may not be
issued to any person not eligible therefor. The | ||||||
6 | Illinois Department of Veterans' Affairs may assist in | ||||||
7 | providing the
documentation of disability.
| ||||||
8 | (d) The design and color of the plates shall be within the | ||||||
9 | discretion of the Secretary, except that the plates issued | ||||||
10 | under subsection (b) of this Section shall not contain the | ||||||
11 | international symbol of access. The Secretary may, in his or | ||||||
12 | her discretion, allow the plates to be issued as vanity or | ||||||
13 | personalized plates in accordance with Section 3-405.1 of this | ||||||
14 | Code. Registration shall be for a multi-year period and may be | ||||||
15 | issued staggered registration. | ||||||
16 | (e) Any person eligible to receive license plates under | ||||||
17 | this Section who has been approved for benefits under the | ||||||
18 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
19 | Relief Act, or who has claimed and received a grant under that | ||||||
20 | Act, shall pay a fee of $24 instead of the fee otherwise | ||||||
21 | provided in this Code for passenger cars displaying standard | ||||||
22 | multi-year registration plates or digital registration plates | ||||||
23 | issued under Section 3-414.1, for motor vehicles registered at | ||||||
24 | 8,000 pounds or less under Section 3-815(a), or for | ||||||
25 | recreational vehicles registered at 8,000 pounds or less under | ||||||
26 | Section 3-815(b), for a second set of plates under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (Source: P.A. 100-513, eff. 1-1-18; 101-395, eff. 8-16-19; | ||||||
3 | 101-536, eff. 1-1-20; revised 9-24-19.)
| ||||||
4 | (625 ILCS 5/3-699.14) | ||||||
5 | Sec. 3-699.14. Universal special license plates. | ||||||
6 | (a) In addition to any other special license plate, the | ||||||
7 | Secretary, upon receipt of all applicable fees and | ||||||
8 | applications made in the form prescribed by the Secretary, may | ||||||
9 | issue Universal special license plates to residents of | ||||||
10 | Illinois on behalf of organizations that have been authorized | ||||||
11 | by the General Assembly to issue decals for Universal special | ||||||
12 | license plates. Appropriate documentation, as determined by | ||||||
13 | the Secretary, shall accompany each application. Authorized | ||||||
14 | organizations shall be designated by amendment to this | ||||||
15 | Section. When applying for a Universal special license plate | ||||||
16 | the applicant shall inform the Secretary of the name of the | ||||||
17 | authorized organization from which the applicant will obtain a | ||||||
18 | decal to place on the plate. The Secretary shall make a record | ||||||
19 | of that organization and that organization shall remain | ||||||
20 | affiliated with that plate until the plate is surrendered, | ||||||
21 | revoked, or otherwise cancelled. The authorized organization | ||||||
22 | may charge a fee to offset the cost of producing and | ||||||
23 | distributing the decal, but that fee shall be retained by the | ||||||
24 | authorized organization and shall be separate and distinct | ||||||
25 | from any registration fees charged by the Secretary. No decal, |
| |||||||
| |||||||
1 | sticker, or other material may be affixed to a Universal | ||||||
2 | special license plate other than a decal authorized by the | ||||||
3 | General Assembly in this Section or a registration renewal | ||||||
4 | sticker. The special plates issued under this Section shall be | ||||||
5 | affixed only to passenger vehicles of the first division, | ||||||
6 | including motorcycles and autocycles, or motor vehicles of the | ||||||
7 | second division weighing not more than 8,000 pounds. Plates | ||||||
8 | issued under this Section shall expire according to the | ||||||
9 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
10 | (b) The design, color, and format of the Universal special | ||||||
11 | license plate shall be wholly within the discretion of the | ||||||
12 | Secretary. Universal special license plates are not required | ||||||
13 | to designate "Land of Lincoln", as prescribed in subsection | ||||||
14 | (b) of Section 3-412 of this Code. The design shall allow for | ||||||
15 | the application of a decal to the plate. Organizations | ||||||
16 | authorized by the General Assembly to issue decals for | ||||||
17 | Universal special license plates shall comply with rules | ||||||
18 | adopted by the Secretary governing the requirements for and | ||||||
19 | approval of Universal special license plate decals. The | ||||||
20 | Secretary may, in his or her discretion, allow Universal | ||||||
21 | special license plates to be issued as vanity or personalized | ||||||
22 | plates in accordance with Section 3-405.1 of this Code. The | ||||||
23 | Secretary of State must make a version of the special | ||||||
24 | registration plates authorized under this Section in a form | ||||||
25 | appropriate for motorcycles and autocycles. | ||||||
26 | (c) When authorizing a Universal special license plate, |
| |||||||
| |||||||
1 | the General Assembly shall set forth whether an additional fee | ||||||
2 | is to be charged for the plate and, if a fee is to be charged, | ||||||
3 | the amount of the fee and how the fee is to be distributed. | ||||||
4 | When necessary, the authorizing language shall create a | ||||||
5 | special fund in the State treasury into which fees may be | ||||||
6 | deposited for an authorized Universal special license plate. | ||||||
7 | Additional fees may only be charged if the fee is to be paid | ||||||
8 | over to a State agency or to a charitable entity that is in | ||||||
9 | compliance with the registration and reporting requirements of | ||||||
10 | the Charitable Trust Act and the Solicitation for Charity Act. | ||||||
11 | Any charitable entity receiving fees for the sale of Universal | ||||||
12 | special license plates shall annually provide the Secretary of | ||||||
13 | State a letter of compliance issued by the Attorney General | ||||||
14 | verifying that the entity is in compliance with the Charitable | ||||||
15 | Trust Act and the Solicitation for Charity Act. | ||||||
16 | (d) Upon original issuance and for each registration | ||||||
17 | renewal period, in addition to the appropriate registration | ||||||
18 | fee, if applicable, the Secretary shall collect any additional | ||||||
19 | fees, if required, for issuance of Universal special license | ||||||
20 | plates. The fees shall be collected on behalf of the | ||||||
21 | organization designated by the applicant when applying for the | ||||||
22 | plate. All fees collected shall be transferred to the State | ||||||
23 | agency on whose behalf the fees were collected, or paid into | ||||||
24 | the special fund designated in the law authorizing the | ||||||
25 | organization to issue decals for Universal special license | ||||||
26 | plates. All money in the designated fund shall be distributed |
| |||||||
| |||||||
1 | by the Secretary subject to appropriation by the General | ||||||
2 | Assembly.
| ||||||
3 | (e) The following organizations may issue decals for | ||||||
4 | Universal special license plates with the original and renewal | ||||||
5 | fees and fee distribution as follows: | ||||||
6 | (1) The Illinois Department of Natural Resources. | ||||||
7 | (A) Original issuance: $25; with $10 to the | ||||||
8 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
9 | of State Special License Plate Fund. | ||||||
10 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
11 | Habitat Fund and $2 to the Secretary of State Special | ||||||
12 | License Plate Fund. | ||||||
13 | (2) Illinois Veterans' Homes. | ||||||
14 | (A) Original issuance: $26, which shall be | ||||||
15 | deposited into the Illinois Veterans' Homes Fund. | ||||||
16 | (B) Renewal: $26, which shall be deposited into | ||||||
17 | the Illinois Veterans' Homes Fund. | ||||||
18 | (3) The Illinois Department of Human Services for | ||||||
19 | volunteerism decals. | ||||||
20 | (A) Original issuance: $25, which shall be | ||||||
21 | deposited into the Secretary of State Special License | ||||||
22 | Plate Fund. | ||||||
23 | (B) Renewal: $25, which shall be deposited into | ||||||
24 | the Secretary of State Special License Plate Fund. | ||||||
25 | (4) The Illinois Department of Public Health. | ||||||
26 | (A) Original issuance: $25; with $10 to the |
| |||||||
| |||||||
1 | Prostate Cancer Awareness Fund and $15 to the | ||||||
2 | Secretary of State Special License Plate Fund. | ||||||
3 | (B) Renewal: $25; with $23 to the Prostate Cancer | ||||||
4 | Awareness Fund and $2 to the Secretary of State | ||||||
5 | Special License Plate Fund. | ||||||
6 | (5) Horsemen's Council of Illinois. | ||||||
7 | (A) Original issuance: $25; with $10 to the | ||||||
8 | Horsemen's Council of Illinois Fund and $15 to the | ||||||
9 | Secretary of State Special License Plate Fund. | ||||||
10 | (B) Renewal: $25; with $23 to the Horsemen's | ||||||
11 | Council of Illinois Fund and $2 to the Secretary of | ||||||
12 | State Special License Plate Fund. | ||||||
13 | (6) K9s for Veterans, NFP. | ||||||
14 | (A) Original issuance: $25; with $10 to the | ||||||
15 | Post-Traumatic Stress Disorder Awareness Fund and $15 | ||||||
16 | to the Secretary of State Special License Plate Fund. | ||||||
17 | (B) Renewal: $25; with $23 to the Post-Traumatic | ||||||
18 | Stress Disorder Awareness Fund and $2 to the Secretary | ||||||
19 | of State Special License Plate Fund. | ||||||
20 | (7) (6) The International Association of Machinists | ||||||
21 | and Aerospace Workers. | ||||||
22 | (A) Original issuance: $35; with $20 to the Guide | ||||||
23 | Dogs of America Fund and $15 to the Secretary of State | ||||||
24 | Special License Plate Fund. | ||||||
25 | (B) Renewal: $25; with $23 going to the Guide Dogs | ||||||
26 | of America Fund and $2 to the Secretary of State |
| |||||||
| |||||||
1 | Special License Plate Fund. | ||||||
2 | (8) (7) Local Lodge 701 of the International | ||||||
3 | Association of Machinists and
Aerospace Workers. | ||||||
4 | (A) Original issuance: $35; with $10 to the Guide | ||||||
5 | Dogs of America Fund, $10 to the Mechanics Training | ||||||
6 | Fund, and $15 to the Secretary of State Special | ||||||
7 | License Plate Fund. | ||||||
8 | (B) Renewal: $30; with $13 to the Guide Dogs of | ||||||
9 | America Fund, $15 to the Mechanics Training Fund, and | ||||||
10 | $2 to the Secretary of State Special License Plate | ||||||
11 | Fund. | ||||||
12 | (9) (6) Illinois Department of Human Services. | ||||||
13 | (A) Original issuance: $25; with $10 to the | ||||||
14 | Theresa Tracy Trot - Illinois CancerCare Foundation | ||||||
15 | Fund and $15 to the Secretary of State Special License | ||||||
16 | Plate Fund. | ||||||
17 | (B) Renewal: $25; with $23 to the Theresa Tracy | ||||||
18 | Trot - Illinois CancerCare Foundation Fund and $2 to | ||||||
19 | the Secretary of State Special License Plate Fund. | ||||||
20 | (10) (6) The Illinois Department of Human Services for | ||||||
21 | developmental disabilities awareness decals. | ||||||
22 | (A) Original issuance: $25; with $10 to the
| ||||||
23 | Developmental Disabilities Awareness Fund and $15 to | ||||||
24 | the Secretary of State Special License Plate Fund. | ||||||
25 | (B) Renewal: $25; with $23 to the Developmental | ||||||
26 | Disabilities
Awareness Fund and $2 to the Secretary of |
| |||||||
| |||||||
1 | State Special License Plate Fund. | ||||||
2 | (11) (6) The Illinois Department of Human Services for | ||||||
3 | pediatric cancer awareness decals. | ||||||
4 | (A) Original issuance: $25; with $10 to the
| ||||||
5 | Pediatric Cancer Awareness Fund and $15 to the | ||||||
6 | Secretary of State Special License Plate Fund. | ||||||
7 | (B) Renewal: $25; with $23 to the Pediatric Cancer
| ||||||
8 | Awareness Fund and $2 to the Secretary of State | ||||||
9 | Special License Plate Fund. | ||||||
10 | (f) The following funds are created as special funds in | ||||||
11 | the State treasury: | ||||||
12 | (1) The Roadside Monarch Habitat Fund. All moneys to | ||||||
13 | be paid as grants to the Illinois Department of Natural | ||||||
14 | Resources to fund roadside monarch and other pollinator | ||||||
15 | habitat development, enhancement, and restoration projects | ||||||
16 | in this State. | ||||||
17 | (2) The Prostate Cancer Awareness Fund. All moneys to | ||||||
18 | be paid as grants to the Prostate Cancer Foundation of | ||||||
19 | Chicago. | ||||||
20 | (3) The Horsemen's Council of Illinois Fund. All | ||||||
21 | moneys shall be paid as grants to the Horsemen's Council | ||||||
22 | of Illinois. | ||||||
23 | (4) The Post-Traumatic Stress Disorder Awareness Fund. | ||||||
24 | All money in the Post-Traumatic Stress Disorder Awareness | ||||||
25 | Fund shall be paid as grants to K9s for Veterans, NFP for | ||||||
26 | support, education, and awareness of veterans with |
| |||||||
| |||||||
1 | post-traumatic stress disorder. | ||||||
2 | (5) (4) The Guide Dogs of America Fund. All moneys | ||||||
3 | shall be paid as grants to the International Guiding Eyes, | ||||||
4 | Inc., doing business as Guide Dogs of America. | ||||||
5 | (6) (5) The Mechanics Training Fund. All moneys shall | ||||||
6 | be paid as grants to the Mechanics Local 701 Training | ||||||
7 | Fund. | ||||||
8 | (7) (4) The Theresa Tracy Trot - Illinois CancerCare | ||||||
9 | Foundation Fund. All money in the Theresa Tracy Trot - | ||||||
10 | Illinois CancerCare Foundation Fund shall be paid to the | ||||||
11 | Illinois CancerCare Foundation for the purpose of | ||||||
12 | furthering pancreatic cancer research. | ||||||
13 | (8) (4) The Developmental Disabilities Awareness Fund. | ||||||
14 | All moneys to
be paid as grants to the Illinois Department | ||||||
15 | of Human Services to fund legal aid groups to assist with | ||||||
16 | guardianship fees for private citizens willing to become | ||||||
17 | guardians for individuals with developmental disabilities | ||||||
18 | but who are unable to pay the legal fees associated with | ||||||
19 | becoming a guardian. | ||||||
20 | (9) (4) The Pediatric Cancer Awareness Fund. All | ||||||
21 | moneys to
be paid as grants to the Cancer Center at | ||||||
22 | Illinois for pediatric cancer treatment and research. | ||||||
23 | (Source: P.A. 100-57, eff. 1-1-18; 100-60, eff. 1-1-18; | ||||||
24 | 100-78, eff. 1-1-18; 100-201, eff. 8-18-17; 100-863, eff. | ||||||
25 | 8-14-18; 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; 101-276, | ||||||
26 | eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. 1-1-20; |
| |||||||
| |||||||
1 | revised 9-24-19.)
| ||||||
2 | (625 ILCS 5/3-699.17) | ||||||
3 | Sec. 3-699.17. Global War on Terrorism license plates. | ||||||
4 | (a) In addition to any other special license plate, the | ||||||
5 | Secretary, upon receipt of all applicable fees and | ||||||
6 | applications made in the form prescribed by the Secretary, may | ||||||
7 | issue Global War on Terrorism license plates to residents of | ||||||
8 | this State who have earned the Global War on Terrorism | ||||||
9 | Expeditionary Medal from the United States Armed Forces. The | ||||||
10 | special Global War on Terrorism plates issued under this | ||||||
11 | Section shall be affixed only to passenger vehicles of the | ||||||
12 | first division, including motorcycles, or motor vehicles of | ||||||
13 | the second division weighing not more than 8,000 pounds. | ||||||
14 | Plates issued under this Section shall expire according to the | ||||||
15 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
16 | (b) The design, color, and format of the Global War on | ||||||
17 | Terrorism license plate shall be wholly within the discretion | ||||||
18 | of the Secretary. The Secretary may, in his or her discretion, | ||||||
19 | allow the Global War on Terrorism license plates to be issued | ||||||
20 | as vanity or personalized plates in accordance with Section | ||||||
21 | 3-405.1 of this Code. Global War on Terrorism license plates | ||||||
22 | are not required to designate "Land of Lincoln", as prescribed | ||||||
23 | in subsection (b) of Section 3-412 of this Code. The Secretary | ||||||
24 | shall, in his or her discretion, approve and prescribe | ||||||
25 | stickers or decals as provided under Section 3-412.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-51, eff. 7-12-19.)
| ||||||
2 | (625 ILCS 5/3-699.18)
| ||||||
3 | Sec. 3-699.18 3-699.17 . Cold War license plates. | ||||||
4 | (a) In addition to any other special license plate, the | ||||||
5 | Secretary, upon receipt of all applicable fees and | ||||||
6 | applications made in the form prescribed by the Secretary of | ||||||
7 | State, may issue Cold War license plates to residents of | ||||||
8 | Illinois who served in the United States Armed Forces between | ||||||
9 | August 15, 1945 and January 1, 1992. The special Cold War | ||||||
10 | plates issued under this Section shall be affixed only to | ||||||
11 | passenger vehicles of the first division, motorcycles, and | ||||||
12 | motor vehicles of the second division weighing not more than | ||||||
13 | 8,000 pounds. Plates issued under this Section shall expire | ||||||
14 | according to the staggered multi-year procedure established by | ||||||
15 | Section 3-414.1 of this Code. | ||||||
16 | (b) The design, color, and format of the plates shall be | ||||||
17 | wholly within the discretion of the Secretary of State. The | ||||||
18 | Secretary may, in his or her discretion, allow the plates to be | ||||||
19 | issued as vanity plates or personalized in accordance with | ||||||
20 | Section 3-405.1 of this Code. The plates are not required to | ||||||
21 | designate "Land of Lincoln", as prescribed in subsection (b) | ||||||
22 | of Section 3-412 of this Code. The Secretary shall, in his or | ||||||
23 | her discretion, approve and prescribe stickers or decals as | ||||||
24 | provided under Section 3-412.
| ||||||
25 | (Source: P.A. 101-245, eff. 1-1-20; revised 10-23-19.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-699.21)
| ||||||
2 | Sec. 3-699.21 3-699.17 . United Nations Protection Force | ||||||
3 | license plates. | ||||||
4 | (a) In addition to any other special license plate, the | ||||||
5 | Secretary, upon receipt of all applicable fees and | ||||||
6 | applications made in the form prescribed by the Secretary of | ||||||
7 | State, may issue United Nations Protection Force license | ||||||
8 | plates to residents of this State who served in the United | ||||||
9 | Nations Protection Force in Yugoslavia. The special United | ||||||
10 | Nations Protection Force plate issued under this Section shall | ||||||
11 | be affixed only to passenger vehicles of the first division | ||||||
12 | and motor vehicles of the second division weighing not more | ||||||
13 | than 8,000 pounds. Plates issued under this Section shall | ||||||
14 | expire according to the staggered multi-year procedure | ||||||
15 | established by Section 3-414.1 of this Code. | ||||||
16 | (b) The design, color, and format of the plates shall be | ||||||
17 | wholly within the discretion of the Secretary of State. The | ||||||
18 | Secretary may, in his or her discretion, allow the plates to be | ||||||
19 | issued as vanity plates or personalized in accordance with | ||||||
20 | Section 3-405.1 of this Code. The plates are not required to | ||||||
21 | designate "Land of Lincoln", as prescribed in subsection (b) | ||||||
22 | of Section 3-412 of this Code. The Secretary shall approve and | ||||||
23 | prescribe stickers or decals as provided under Section 3-412. | ||||||
24 | (c) An applicant shall be charged a $15 fee for original | ||||||
25 | issuance in addition to the applicable registration fee. This |
| |||||||
| |||||||
1 | additional fee shall be deposited into the Secretary of State | ||||||
2 | Special License Plate Fund. For each registration renewal | ||||||
3 | period, a $2 fee, in addition to the appropriate registration | ||||||
4 | fee, shall be charged and shall be deposited into the | ||||||
5 | Secretary of State Special License Plate Fund.
| ||||||
6 | (Source: P.A. 101-247, eff. 1-1-20; revised 10-23-19.)
| ||||||
7 | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| ||||||
8 | Sec. 3-704. Authority of Secretary of State to suspend or | ||||||
9 | revoke a registration or
certificate of title; authority to | ||||||
10 | suspend or revoke the registration of a
vehicle. | ||||||
11 | (a) The Secretary of State may suspend or revoke the | ||||||
12 | registration of a
vehicle or a certificate of title, | ||||||
13 | registration card, registration sticker or digital | ||||||
14 | registration sticker,
registration plate or digital | ||||||
15 | registration plate, disability parking decal or device,
or any | ||||||
16 | nonresident or other permit in any of the following events:
| ||||||
17 | 1. When the Secretary of State is satisfied that such | ||||||
18 | registration or
that such certificate, card, plate or | ||||||
19 | digital plate, registration sticker or digital | ||||||
20 | registration sticker, or permit was
fraudulently or
| ||||||
21 | erroneously issued;
| ||||||
22 | 2. When a registered vehicle has been dismantled or | ||||||
23 | wrecked or is not
properly equipped;
| ||||||
24 | 3. When the Secretary of State determines that any | ||||||
25 | required fees have
not been paid to the Secretary of |
| |||||||
| |||||||
1 | State, to the Illinois Commerce
Commission, or to the | ||||||
2 | Illinois Department of Revenue under the Motor Fuel Tax | ||||||
3 | Law, and the same are not paid upon reasonable notice and | ||||||
4 | demand;
| ||||||
5 | 4. When a registration card, registration plate or | ||||||
6 | digital registration plate, registration sticker or | ||||||
7 | digital registration sticker,
or permit is knowingly
| ||||||
8 | displayed upon a vehicle other than the one for which | ||||||
9 | issued;
| ||||||
10 | 5. When the Secretary of State determines that the | ||||||
11 | owner has committed
any offense under this Chapter | ||||||
12 | involving the registration or the
certificate, card, plate | ||||||
13 | or digital plate, registration sticker or digital | ||||||
14 | registration sticker, or permit to be suspended or
| ||||||
15 | revoked;
| ||||||
16 | 6. When the Secretary of State determines that a | ||||||
17 | vehicle registered
not-for-hire is used or operated | ||||||
18 | for-hire unlawfully, or used or operated
for purposes | ||||||
19 | other than those authorized;
| ||||||
20 | 7. When the Secretary of State determines that an | ||||||
21 | owner of a for-hire
motor vehicle has failed to give proof | ||||||
22 | of financial responsibility as
required by this Act;
| ||||||
23 | 8. When the Secretary determines that the vehicle is | ||||||
24 | not subject to or
eligible for a registration;
| ||||||
25 | 9. When the Secretary determines that the owner of a | ||||||
26 | vehicle registered
under the mileage weight tax option |
| |||||||
| |||||||
1 | fails to maintain the records specified
by law, or fails | ||||||
2 | to file the reports required by law, or that such vehicle
| ||||||
3 | is not equipped with an operable and operating speedometer | ||||||
4 | or odometer;
| ||||||
5 | 10. When the Secretary of State is so authorized under | ||||||
6 | any other
provision of law;
| ||||||
7 | 11. When the Secretary of State determines that the | ||||||
8 | holder of a disability parking decal or device has | ||||||
9 | committed any offense under Chapter 11
of this Code | ||||||
10 | involving the use of a disability parking decal
or device.
| ||||||
11 | (a-5) The Secretary of State may revoke a certificate of | ||||||
12 | title and registration card and issue a corrected certificate | ||||||
13 | of title and registration card, at no fee to the vehicle owner | ||||||
14 | or lienholder, if there is proof that the vehicle | ||||||
15 | identification number is erroneously shown on the original | ||||||
16 | certificate of title.
| ||||||
17 | (b) The Secretary of State may suspend or revoke the | ||||||
18 | registration of a
vehicle as follows:
| ||||||
19 | 1. When the Secretary of State determines that the | ||||||
20 | owner of a vehicle has
not paid a civil penalty or a | ||||||
21 | settlement agreement arising from the
violation of rules | ||||||
22 | adopted under the Illinois Motor Carrier Safety Law or the
| ||||||
23 | Illinois Hazardous Materials Transportation Act or that a | ||||||
24 | vehicle, regardless
of ownership, was the subject of | ||||||
25 | violations of these rules that resulted in a
civil penalty | ||||||
26 | or settlement agreement which remains unpaid.
|
| |||||||
| |||||||
1 | 2. When the Secretary of State determines that a | ||||||
2 | vehicle registered for a
gross weight of more than 16,000 | ||||||
3 | pounds within an affected area is not in
compliance with | ||||||
4 | the provisions of Section 13-109.1 of this the Illinois | ||||||
5 | Vehicle
Code. | ||||||
6 | 3. When the Secretary of State is notified by the | ||||||
7 | United States Department of Transportation that a vehicle | ||||||
8 | is in violation of the Federal Motor Carrier Safety | ||||||
9 | Regulations, as they are now or hereafter amended, and is | ||||||
10 | prohibited from operating. | ||||||
11 | (c) The Secretary of State may suspend the registration of | ||||||
12 | a
vehicle when a court finds that the vehicle was used in a | ||||||
13 | violation of Section 24-3A of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012 relating to gunrunning. A suspension of | ||||||
15 | registration under this subsection (c) may be for a period of | ||||||
16 | up to 90 days.
| ||||||
17 | (d) The Secretary shall deny, suspend, or revoke | ||||||
18 | registration if the applicant fails to disclose material | ||||||
19 | information required, if the applicant has made a materially | ||||||
20 | false statement on the application, if the applicant has | ||||||
21 | applied as a subterfuge for the real party in interest who has | ||||||
22 | been issued a federal out-of-service order, or if the | ||||||
23 | applicant's business is operated by, managed by, or otherwise | ||||||
24 | controlled by or affiliated with a person who is ineligible | ||||||
25 | for registration, including the applicant entity, a relative, | ||||||
26 | family member, corporate officer, or shareholder. The |
| |||||||
| |||||||
1 | Secretary shall deny, suspend, or revoke registration for | ||||||
2 | either (i) a vehicle if the motor carrier responsible for the | ||||||
3 | safety of the vehicle has been prohibited from operating by | ||||||
4 | the Federal Motor Carrier Safety Administration; or (ii) a | ||||||
5 | carrier whose business is operated by, managed by, or | ||||||
6 | otherwise controlled by or affiliated with a person who is | ||||||
7 | ineligible for registration, which may include the owner, a | ||||||
8 | relative, family member, corporate officer, or shareholder of | ||||||
9 | the carrier. | ||||||
10 | (Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; | ||||||
11 | revised 9-24-19.)
| ||||||
12 | (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
| ||||||
13 | Sec. 3-802. Reclassifications and upgrades.
| ||||||
14 | (a) Definitions. For the purposes of this Section, the | ||||||
15 | following words
shall have the meanings ascribed to them as | ||||||
16 | follows:
| ||||||
17 | "Reclassification" means changing the registration of | ||||||
18 | a vehicle from one
plate category to another.
| ||||||
19 | "Upgrade" means increasing the registered weight of a | ||||||
20 | vehicle within the
same plate category.
| ||||||
21 | (b) When reclassing the registration of a vehicle from one | ||||||
22 | plate category
to another, the owner shall receive credit for | ||||||
23 | the unused portion of the
present
plate and be charged the | ||||||
24 | current portion fees for the new plate. In addition,
the | ||||||
25 | appropriate replacement plate and replacement sticker fees |
| |||||||
| |||||||
1 | shall be
assessed.
| ||||||
2 | (b-5) Beginning with the 2019 registration year, any | ||||||
3 | individual who has a registration issued under either Section | ||||||
4 | 3-405 or 3-405.1 that qualifies for a special license plate | ||||||
5 | under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, | ||||||
6 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||||||
7 | 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, | ||||||
8 | 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or | ||||||
9 | 3-699.17 may reclass his or her registration upon acquiring a | ||||||
10 | special license plate listed in this subsection (b-5) without | ||||||
11 | a replacement plate or digital plate fee or registration | ||||||
12 | sticker or digital registration sticker cost. | ||||||
13 | (b-10) Beginning with the 2019 registration year, any | ||||||
14 | individual who has a special license plate issued under | ||||||
15 | Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, | ||||||
16 | 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, | ||||||
17 | 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, | ||||||
18 | 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may | ||||||
19 | reclass his or her special license plate upon acquiring a new | ||||||
20 | registration under Section 3-405 or 3-405.1 without a | ||||||
21 | replacement plate or digital plate fee or registration sticker | ||||||
22 | or digital registration sticker cost. | ||||||
23 | (c) When upgrading the weight of a registration within the | ||||||
24 | same plate
category, the owner shall pay the difference in | ||||||
25 | current period fees between the 2
two plates. In addition, the | ||||||
26 | appropriate replacement plate and replacement
sticker fees |
| |||||||
| |||||||
1 | shall be assessed. In the event new plates are not required, | ||||||
2 | the
corrected registration card fee shall be assessed.
| ||||||
3 | (d) In the event the owner of the vehicle desires to change | ||||||
4 | the registered
weight and change the plate category, the owner | ||||||
5 | shall receive credit for the
unused portion of the | ||||||
6 | registration fee of the current plate and pay the current
| ||||||
7 | portion of the registration fee for the new plate, and in | ||||||
8 | addition, pay the
appropriate replacement plate
and | ||||||
9 | replacement sticker fees.
| ||||||
10 | (e) Reclassing from one plate category to another plate | ||||||
11 | category can be done
only once within any registration period.
| ||||||
12 | (f) No refunds shall be made in any of the circumstances | ||||||
13 | found in subsection
(b), subsection (c), or subsection (d); | ||||||
14 | however, when reclassing from a flat
weight plate to an | ||||||
15 | apportioned plate, a refund may be issued if the credit | ||||||
16 | amounts to an overpayment.
| ||||||
17 | (g) In the event the registration of a vehicle registered | ||||||
18 | under the mileage
tax option is revoked, the owner shall be | ||||||
19 | required to pay the annual
registration fee in the new plate | ||||||
20 | category and shall not receive any credit for
the mileage | ||||||
21 | plate fees.
| ||||||
22 | (h) Certain special interest plates may be displayed on | ||||||
23 | first division
vehicles, second division vehicles weighing | ||||||
24 | 8,000 pounds or less, and
recreational
vehicles. Those plates | ||||||
25 | can be transferred within those vehicle groups.
| ||||||
26 | (i) Plates displayed on second division vehicles weighing |
| |||||||
| |||||||
1 | 8,000 pounds or
less and passenger vehicle plates may be | ||||||
2 | reclassed from one division to the
other.
| ||||||
3 | (j) Other than in subsection (i), reclassing from one | ||||||
4 | division to the
other division is prohibited. In addition, a | ||||||
5 | reclass from a motor vehicle to a
trailer or a trailer to a | ||||||
6 | motor vehicle is prohibited.
| ||||||
7 | (Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18; | ||||||
8 | 100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff. | ||||||
9 | 8-16-19; revised 9-24-19.)
| ||||||
10 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
11 | Sec. 3-806.3. Senior citizens.
Commencing with the 2009 | ||||||
12 | registration year, the registration fee paid by
any vehicle | ||||||
13 | owner who has been approved for benefits under the Senior
| ||||||
14 | Citizens and Persons with Disabilities Property Tax Relief
Act | ||||||
15 | or who is the spouse of such a person shall be $24 instead of | ||||||
16 | the fee
otherwise provided in this Code for passenger cars | ||||||
17 | displaying standard
multi-year registration plates or digital | ||||||
18 | registration plates issued under Section 3-414.1, motor | ||||||
19 | vehicles
displaying special registration plates or digital | ||||||
20 | registration plates issued under Section 3-609, 3-616, 3-621,
| ||||||
21 | 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | ||||||
22 | 3-647, 3-650,
3-651, 3-663, or 3-699.17, motor vehicles | ||||||
23 | registered at 8,000 pounds or less under Section
3-815(a), and | ||||||
24 | recreational vehicles registered at 8,000 pounds or less under
| ||||||
25 | Section 3-815(b). Widows and widowers of claimants shall also |
| |||||||
| |||||||
1 | be entitled to
this reduced registration fee for the | ||||||
2 | registration year in which the claimant
was eligible.
| ||||||
3 | Commencing with the 2009 registration year, the | ||||||
4 | registration fee paid by
any vehicle owner who has claimed and | ||||||
5 | received a grant under the Senior
Citizens and Persons with | ||||||
6 | Disabilities Property Tax Relief
Act or who is the spouse of | ||||||
7 | such a person shall be $24 instead of the fee
otherwise | ||||||
8 | provided in this Code for passenger cars displaying standard
| ||||||
9 | multi-year registration plates or digital registration plates | ||||||
10 | issued under Section 3-414.1, motor vehicles
displaying | ||||||
11 | special registration plates or digital registration plates | ||||||
12 | issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, | ||||||
13 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||||||
14 | 3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at | ||||||
15 | 8,000 pounds or less under Section
3-815(a), and recreational | ||||||
16 | vehicles registered at 8,000 pounds or less under
Section | ||||||
17 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
18 | entitled to
this reduced registration fee for the registration | ||||||
19 | year in which the claimant
was eligible.
| ||||||
20 | Commencing with the 2017 registration year, the reduced | ||||||
21 | fee under this Section shall apply to any special registration | ||||||
22 | plate or digital registration plate authorized in Article VI | ||||||
23 | of Chapter 3 of this Code for which the applicant would | ||||||
24 | otherwise be eligible. | ||||||
25 | Surcharges for vehicle registrations under Section 3-806 | ||||||
26 | of this Code shall not be collected from any vehicle owner who |
| |||||||
| |||||||
1 | has been approved for benefits under the Senior Citizens and | ||||||
2 | Disabled Persons Property Tax Relief Act or a person who is the | ||||||
3 | spouse of such a person. | ||||||
4 | No more than one reduced registration fee under this | ||||||
5 | Section shall be
allowed during any 12-month period based on | ||||||
6 | the primary eligibility of any
individual, whether such | ||||||
7 | reduced registration fee is allowed to the
individual or to | ||||||
8 | the spouse, widow or widower of such individual. This
Section | ||||||
9 | does not apply to the fee paid in addition to the registration | ||||||
10 | fee
for motor vehicles displaying vanity, personalized, or | ||||||
11 | special license
plates.
| ||||||
12 | (Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19; | ||||||
13 | revised 9-24-19.)
| ||||||
14 | (625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
| ||||||
15 | Sec. 4-104. Offenses relating to possession of titles and | ||||||
16 | registration.
| ||||||
17 | (a) It is a violation of this Chapter for:
| ||||||
18 | 1. A person to possess without authority any | ||||||
19 | manufacturer's manufacturers statement of
origin, | ||||||
20 | certificate of title, salvage certificate, junking | ||||||
21 | certificate,
display certificate of title, registration | ||||||
22 | card, license plate or digital license plate, registration
| ||||||
23 | sticker or digital registration sticker, or temporary | ||||||
24 | registration permit, whether blank or otherwise;
| ||||||
25 | 2. A person to possess any manufacturer's |
| |||||||
| |||||||
1 | manufacturers certificate of origin, salvage
certificate, | ||||||
2 | junking certificate, certificate of title, or display | ||||||
3 | certificate
without complete assignment;
| ||||||
4 | 3. A person to possess any manufacturer's | ||||||
5 | manufacturers statement of origin, salvage
certificate, | ||||||
6 | junking certificate, display certificate or certificate of
| ||||||
7 | title, temporary registration permit, registration card, | ||||||
8 | license plate or digital license plate, or
registration | ||||||
9 | sticker or digital registration sticker knowing it to have | ||||||
10 | been stolen, converted, altered, forged ,
or counterfeited;
| ||||||
11 | 4. A person to display or affix to a vehicle any | ||||||
12 | certificate of title, manufacturer's
manufacturers | ||||||
13 | statement of origin, salvage certificate, junking | ||||||
14 | certificate,
display certificate, temporary registration | ||||||
15 | permit, registration card, license
plate or digital | ||||||
16 | license plate, or registration sticker or digital | ||||||
17 | registration sticker not authorized by law for use on such | ||||||
18 | vehicle;
| ||||||
19 | 5. A person to permit another, not entitled thereto, | ||||||
20 | to use or have
possession of any manufacturer's | ||||||
21 | manufacturers statement of origin, salvage certificate,
| ||||||
22 | junking certificate, display certificate or certificate of | ||||||
23 | title, registration
card, license plate or digital license | ||||||
24 | plate, temporary registration permit, or registration | ||||||
25 | sticker or digital registration sticker;
| ||||||
26 | 6. A person to fail to mail or deliver to the proper |
| |||||||
| |||||||
1 | person , within a
reasonable period of time after receipt | ||||||
2 | from the Secretary of State, any
certificate of title, | ||||||
3 | salvage certificate, junking certificate, display
| ||||||
4 | certificate, registration card, temporary registration | ||||||
5 | permit, license plate or digital license plate, or
| ||||||
6 | registration sticker or digital registration sticker. If a | ||||||
7 | person mails or delivers reasonable notice to the
proper | ||||||
8 | person after receipt from the Secretary of State, a | ||||||
9 | presumption of
delivery within a reasonable period of time | ||||||
10 | shall exist; provided, however, the
delivery is made, | ||||||
11 | either by mail or otherwise, within 20 days from the date | ||||||
12 | of
receipt from the Secretary of State.
| ||||||
13 | (b) Sentence:
| ||||||
14 | 1. A person convicted of a violation of subsection 1 | ||||||
15 | or 2 of paragraph
(a) of this Section is guilty of a Class | ||||||
16 | 4 felony.
| ||||||
17 | 2. A person convicted of a violation of subsection 3 | ||||||
18 | of paragraph (a)
of this Section is guilty of a Class 2 | ||||||
19 | felony.
| ||||||
20 | 3. A person convicted of a violation of either | ||||||
21 | subsection 4 or 5 of
paragraph (a) of this Section is | ||||||
22 | guilty of a Class A misdemeanor and upon
a second or | ||||||
23 | subsequent conviction of such a violation is guilty of a | ||||||
24 | Class
4 felony.
| ||||||
25 | 4. A person convicted of a violation of subsection 6 | ||||||
26 | of paragraph
(a) of this Section is guilty of a petty |
| |||||||
| |||||||
1 | offense.
| ||||||
2 | (Source: P.A. 101-395, eff. 8-16-19; revised 8-18-20.)
| ||||||
3 | (625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
| ||||||
4 | Sec. 4-105. Offenses relating to disposition of titles and | ||||||
5 | registration. | ||||||
6 | (a) It is a violation of this Chapter for:
| ||||||
7 | 1. a person to alter, forge, or counterfeit any | ||||||
8 | manufacturer's manufacturers statement
of origin, | ||||||
9 | certificate of title, salvage certificate, junking | ||||||
10 | certificate,
display certificate, registration sticker or | ||||||
11 | digital registration sticker, registration card, or | ||||||
12 | temporary
registration permit;
| ||||||
13 | 2. a person to alter, forge, or counterfeit an | ||||||
14 | assignment of any manufacturer's manufacturers
statement | ||||||
15 | of origin, certificate of title, salvage certificate or | ||||||
16 | junking certificate;
| ||||||
17 | 3. a person to alter, forge, or counterfeit a release | ||||||
18 | of a security interest
on any manufacturer's manufacturers | ||||||
19 | statement of origin, certificate of title, salvage
| ||||||
20 | certificate or junking certificate;
| ||||||
21 | 4. a person to alter, forge, or counterfeit an | ||||||
22 | application for any certificate of
title, salvage | ||||||
23 | certificate, junking certificate, display certificate, | ||||||
24 | registration
sticker or digital registration sticker, | ||||||
25 | registration card, temporary registration permit or |
| |||||||
| |||||||
1 | license plate;
| ||||||
2 | 5. a person to use a false or fictitious name or | ||||||
3 | address or altered, forged,
counterfeited or stolen | ||||||
4 | manufacturer's identification number, or make a
material | ||||||
5 | false statement, or fail to disclose a security interest, | ||||||
6 | or conceal
any other material fact on any application for | ||||||
7 | any manufacturer's manufacturers statement
of origin, | ||||||
8 | certificate of title, junking certificate, salvage | ||||||
9 | certificate,
registration card, license plate or digital | ||||||
10 | license plate, temporary registration
permit, or | ||||||
11 | registration sticker or digital registration sticker, or | ||||||
12 | commit a fraud in connection with any
application under | ||||||
13 | this Act;
| ||||||
14 | 6. an unauthorized person to have in his possession a | ||||||
15 | blank Illinois
certificate of title paper;
| ||||||
16 | 7. a person to surrender or cause to be surrendered | ||||||
17 | any certificate of
title, salvage or junking certificate | ||||||
18 | in exchange for a certificate of
title or other title | ||||||
19 | document from any other state or foreign jurisdiction
for | ||||||
20 | the purpose of changing or deleting an "S.V." or "REBUILT" | ||||||
21 | notation,
odometer reading, or any other information | ||||||
22 | contained on such Illinois certificate.
| ||||||
23 | (b) Sentence . : A person convicted of a violation of this | ||||||
24 | Section shall be guilty of a
Class 2 felony.
| ||||||
25 | (Source: P.A. 101-395, eff. 8-16-19; revised 8-18-20.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
2 | Sec. 6-106. Application for license or instruction permit.
| ||||||
3 | (a) Every application for any permit or license authorized | ||||||
4 | to be issued
under this Code shall be made upon a form | ||||||
5 | furnished by the Secretary of
State. Every application shall | ||||||
6 | be accompanied by the proper fee and payment
of such fee shall | ||||||
7 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
8 | examination within a period of one year after the date of | ||||||
9 | application.
| ||||||
10 | (b) Every application shall state the legal name, social | ||||||
11 | security
number, zip
code, date of birth, sex, and residence | ||||||
12 | address of the applicant; briefly
describe the applicant; | ||||||
13 | state whether the applicant has theretofore been
licensed as a | ||||||
14 | driver, and, if so, when and by what state or country, and
| ||||||
15 | whether any such license has ever been cancelled, suspended, | ||||||
16 | revoked or
refused, and, if so, the date and reason for such | ||||||
17 | cancellation, suspension,
revocation or refusal; shall include | ||||||
18 | an affirmation by the applicant that
all information set forth | ||||||
19 | is true and correct; and shall bear the
applicant's signature. | ||||||
20 | In addition to the residence address, the Secretary may allow | ||||||
21 | the applicant to provide a mailing address. In the case of an | ||||||
22 | applicant who is a judicial officer or peace officer, the | ||||||
23 | Secretary may allow the applicant to provide an office or work | ||||||
24 | address in lieu of a residence or mailing address. The | ||||||
25 | application form may
also require the statement of such | ||||||
26 | additional relevant information as the
Secretary of State |
| |||||||
| |||||||
1 | shall deem necessary to determine the applicant's
competency | ||||||
2 | and eligibility. The Secretary of State may, in his
| ||||||
3 | discretion, by rule or regulation, provide that an application | ||||||
4 | for a
drivers license or permit may include a suitable | ||||||
5 | photograph of the
applicant in the
form prescribed by the | ||||||
6 | Secretary, and he may further provide that each
drivers | ||||||
7 | license shall include a photograph of the driver. The | ||||||
8 | Secretary of
State may utilize a photograph process or system | ||||||
9 | most suitable to deter
alteration or improper reproduction of | ||||||
10 | a drivers license and to prevent
substitution of another photo | ||||||
11 | thereon.
For the purposes of this subsection (b), "peace | ||||||
12 | officer" means any person who by virtue of his or her office or | ||||||
13 | public employment is vested by law with a duty to maintain | ||||||
14 | public order or to make arrests for a violation of any penal | ||||||
15 | statute of this State, whether that duty extends to all | ||||||
16 | violations or is limited to specific violations.
| ||||||
17 | (b-3) Upon the first issuance of a request for proposals | ||||||
18 | for a digital driver's license and identification card | ||||||
19 | issuance and facial recognition system issued after January 1, | ||||||
20 | 2020 ( the effective date of Public Act 101-513) this | ||||||
21 | amendatory Act of the 101st General Assembly , and upon | ||||||
22 | implementation of a new or revised system procured pursuant to | ||||||
23 | that request for proposals, the Secretary shall permit | ||||||
24 | applicants to choose between "male", "female" or "non-binary" | ||||||
25 | when designating the applicant's sex on the driver's license | ||||||
26 | application form. The sex designated by the applicant shall be |
| |||||||
| |||||||
1 | displayed on the driver's license issued to the applicant. | ||||||
2 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
3 | license or permit shall provide proof of lawful status in the | ||||||
4 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
5 | who are unable to provide the Secretary with proof of lawful | ||||||
6 | status may apply for a driver's license or permit under | ||||||
7 | Section 6-105.1 of this Code. | ||||||
8 | (c) The application form shall include a notice to the | ||||||
9 | applicant of the
registration obligations of sex offenders | ||||||
10 | under the Sex Offender Registration
Act. The notice shall be | ||||||
11 | provided in a form and manner prescribed by the
Secretary of | ||||||
12 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
13 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
14 | Registration Act.
| ||||||
15 | (d) Any male United States citizen or immigrant who | ||||||
16 | applies for any
permit or
license authorized to be issued | ||||||
17 | under this Code or for a renewal of any permit
or
license,
and | ||||||
18 | who is at least 18 years of age but less than 26 years of age, | ||||||
19 | must be
registered in compliance with the requirements of the | ||||||
20 | federal Military
Selective
Service Act.
The Secretary of State | ||||||
21 | must forward in an electronic format the necessary
personal | ||||||
22 | information regarding the applicants identified in this | ||||||
23 | subsection (d)
to
the Selective Service System. The | ||||||
24 | applicant's signature on the application
serves
as an | ||||||
25 | indication that the applicant either has already registered | ||||||
26 | with the
Selective
Service System or that he is authorizing |
| |||||||
| |||||||
1 | the Secretary to forward to the
Selective
Service System the | ||||||
2 | necessary information for registration. The Secretary must
| ||||||
3 | notify the applicant at the time of application that his | ||||||
4 | signature constitutes
consent to registration with the | ||||||
5 | Selective Service System, if he is not already
registered.
| ||||||
6 | (e) Beginning on or before July 1, 2015, for each original | ||||||
7 | or renewal driver's license application under this Code, the | ||||||
8 | Secretary shall inquire as to whether the applicant is a | ||||||
9 | veteran for purposes of issuing a driver's license with a | ||||||
10 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
11 | this Code. The acceptable forms of proof shall include, but | ||||||
12 | are not limited to, Department of Defense form DD-214, | ||||||
13 | Department of Defense form DD-256 for applicants who did not | ||||||
14 | receive a form DD-214 upon the completion of initial basic | ||||||
15 | training, Department of Defense form DD-2 (Retired), an | ||||||
16 | identification card issued under the federal Veterans | ||||||
17 | Identification Card Act of 2015, or a United States Department | ||||||
18 | of Veterans Affairs summary of benefits letter. If the | ||||||
19 | document cannot be stamped, the Illinois Department of | ||||||
20 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
21 | to provide to the Secretary of State. The Illinois Department | ||||||
22 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
23 | other forms of proof of a person's status as a veteran are | ||||||
24 | acceptable. | ||||||
25 | For each applicant who is issued a driver's license with a | ||||||
26 | veteran designation, the Secretary shall provide the |
| |||||||
| |||||||
1 | Department of Veterans' Affairs with the applicant's name, | ||||||
2 | address, date of birth, gender and such other demographic | ||||||
3 | information as agreed to by the Secretary and the Department. | ||||||
4 | The Department may take steps necessary to confirm the | ||||||
5 | applicant is a veteran. If after due diligence, including | ||||||
6 | writing to the applicant at the address provided by the | ||||||
7 | Secretary, the Department is unable to verify the applicant's | ||||||
8 | veteran status, the Department shall inform the Secretary, who | ||||||
9 | shall notify the applicant that the he or she must confirm | ||||||
10 | status as a veteran, or the driver's license will be | ||||||
11 | cancelled. | ||||||
12 | For purposes of this subsection (e): | ||||||
13 | "Armed forces" means any of the Armed Forces of the United | ||||||
14 | States, including a member of any reserve component or | ||||||
15 | National Guard unit. | ||||||
16 | "Veteran" means a person who has served in the armed | ||||||
17 | forces and was discharged or separated under honorable | ||||||
18 | conditions. | ||||||
19 | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||||||
20 | 100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff. | ||||||
21 | 8-9-19; 101-513, eff. 1-1-20; revised 8-24-20.)
| ||||||
22 | (625 ILCS 5/6-206)
| ||||||
23 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
24 | license or
permit; right to a hearing.
| ||||||
25 | (a) The Secretary of State is authorized to suspend or |
| |||||||
| |||||||
1 | revoke the
driving privileges of any person without | ||||||
2 | preliminary hearing upon a showing
of the person's records or | ||||||
3 | other sufficient evidence that
the person:
| ||||||
4 | 1. Has committed an offense for which mandatory | ||||||
5 | revocation of
a driver's license or permit is required | ||||||
6 | upon conviction;
| ||||||
7 | 2. Has been convicted of not less than 3 offenses | ||||||
8 | against traffic
regulations governing the movement of | ||||||
9 | vehicles committed within any 12-month 12
month period. No | ||||||
10 | revocation or suspension shall be entered more than
6 | ||||||
11 | months after the date of last conviction;
| ||||||
12 | 3. Has been repeatedly involved as a driver in motor | ||||||
13 | vehicle
collisions or has been repeatedly convicted of | ||||||
14 | offenses against laws and
ordinances regulating the | ||||||
15 | movement of traffic, to a degree that
indicates lack of | ||||||
16 | ability to exercise ordinary and reasonable care in
the | ||||||
17 | safe operation of a motor vehicle or disrespect for the | ||||||
18 | traffic laws
and the safety of other persons upon the | ||||||
19 | highway;
| ||||||
20 | 4. Has by the unlawful operation of a motor vehicle | ||||||
21 | caused or
contributed to an accident resulting in injury | ||||||
22 | requiring
immediate professional treatment in a medical | ||||||
23 | facility or doctor's office
to any person, except that any | ||||||
24 | suspension or revocation imposed by the
Secretary of State | ||||||
25 | under the provisions of this subsection shall start no
| ||||||
26 | later than 6 months after being convicted of violating a |
| |||||||
| |||||||
1 | law or
ordinance regulating the movement of traffic, which | ||||||
2 | violation is related
to the accident, or shall start not | ||||||
3 | more than one year
after
the date of the accident, | ||||||
4 | whichever date occurs later;
| ||||||
5 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
6 | driver's
license, identification card, or permit;
| ||||||
7 | 6. Has been lawfully convicted of an offense or | ||||||
8 | offenses in another
state, including the authorization | ||||||
9 | contained in Section 6-203.1, which
if committed within | ||||||
10 | this State would be grounds for suspension or revocation;
| ||||||
11 | 7. Has refused or failed to submit to an examination | ||||||
12 | provided for by
Section 6-207 or has failed to pass the | ||||||
13 | examination;
| ||||||
14 | 8. Is ineligible for a driver's license or permit | ||||||
15 | under the provisions
of Section 6-103;
| ||||||
16 | 9. Has made a false statement or knowingly concealed a | ||||||
17 | material fact
or has used false information or | ||||||
18 | identification in any application for a
license, | ||||||
19 | identification card, or permit;
| ||||||
20 | 10. Has possessed, displayed, or attempted to | ||||||
21 | fraudulently use any
license, identification card, or | ||||||
22 | permit not issued to the person;
| ||||||
23 | 11. Has operated a motor vehicle upon a highway of | ||||||
24 | this State when
the person's driving privilege or | ||||||
25 | privilege to obtain a driver's license
or permit was | ||||||
26 | revoked or suspended unless the operation was authorized |
| |||||||
| |||||||
1 | by
a monitoring device driving permit, judicial driving | ||||||
2 | permit issued prior to January 1, 2009, probationary | ||||||
3 | license to drive, or a restricted
driving permit issued | ||||||
4 | under this Code;
| ||||||
5 | 12. Has submitted to any portion of the application | ||||||
6 | process for
another person or has obtained the services of | ||||||
7 | another person to submit to
any portion of the application | ||||||
8 | process for the purpose of obtaining a
license, | ||||||
9 | identification card, or permit for some other person;
| ||||||
10 | 13. Has operated a motor vehicle upon a highway of | ||||||
11 | this State when
the person's driver's license or permit | ||||||
12 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
13 | 6-110;
| ||||||
14 | 14. Has committed a violation of Section 6-301, | ||||||
15 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
16 | 14B of the Illinois Identification Card
Act;
| ||||||
17 | 15. Has been convicted of violating Section 21-2 of | ||||||
18 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
19 | relating to criminal trespass to vehicles if the person | ||||||
20 | exercised actual physical control over the vehicle during | ||||||
21 | the commission of the offense, in which case the | ||||||
22 | suspension
shall be for one year;
| ||||||
23 | 16. Has been convicted of violating Section 11-204 of | ||||||
24 | this Code relating
to fleeing from a peace officer;
| ||||||
25 | 17. Has refused to submit to a test, or tests, as | ||||||
26 | required under Section
11-501.1 of this Code and the |
| |||||||
| |||||||
1 | person has not sought a hearing as
provided for in Section | ||||||
2 | 11-501.1;
| ||||||
3 | 18. (Blank);
| ||||||
4 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
5 | of Section 6-101
relating to driving without a driver's | ||||||
6 | license;
| ||||||
7 | 20. Has been convicted of violating Section 6-104 | ||||||
8 | relating to
classification of driver's license;
| ||||||
9 | 21. Has been convicted of violating Section 11-402 of
| ||||||
10 | this Code relating to leaving the scene of an accident | ||||||
11 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
12 | which case the suspension shall be
for one year;
| ||||||
13 | 22. Has used a motor vehicle in violating paragraph | ||||||
14 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
15 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | relating
to unlawful use of weapons, in which case the | ||||||
17 | suspension shall be for one
year;
| ||||||
18 | 23. Has, as a driver, been convicted of committing a | ||||||
19 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
20 | for a second or subsequent
time within one year of a | ||||||
21 | similar violation;
| ||||||
22 | 24. Has been convicted by a court-martial or punished | ||||||
23 | by non-judicial
punishment by military authorities of the | ||||||
24 | United States at a military
installation in Illinois or in | ||||||
25 | another state of or for a traffic-related traffic related | ||||||
26 | offense that is the
same as or similar to an offense |
| |||||||
| |||||||
1 | specified under Section 6-205 or 6-206 of
this Code;
| ||||||
2 | 25. Has permitted any form of identification to be | ||||||
3 | used by another in
the application process in order to | ||||||
4 | obtain or attempt to obtain a license,
identification | ||||||
5 | card, or permit;
| ||||||
6 | 26. Has altered or attempted to alter a license or has | ||||||
7 | possessed an
altered license, identification card, or | ||||||
8 | permit;
| ||||||
9 | 27. (Blank);
| ||||||
10 | 28. Has been convicted for a first time of the illegal | ||||||
11 | possession, while operating or
in actual physical control, | ||||||
12 | as a driver, of a motor vehicle, of any
controlled | ||||||
13 | substance prohibited under the Illinois Controlled | ||||||
14 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
15 | Control
Act, or any methamphetamine prohibited under the | ||||||
16 | Methamphetamine Control and Community Protection Act, in | ||||||
17 | which case the person's driving privileges shall be | ||||||
18 | suspended for
one year.
Any defendant found guilty of this | ||||||
19 | offense while operating a motor vehicle ,
shall have an | ||||||
20 | entry made in the court record by the presiding judge that
| ||||||
21 | this offense did occur while the defendant was operating a | ||||||
22 | motor vehicle
and order the clerk of the court to report | ||||||
23 | the violation to the Secretary
of State;
| ||||||
24 | 29. Has been convicted of the following offenses that | ||||||
25 | were committed
while the person was operating or in actual | ||||||
26 | physical control, as a driver,
of a motor vehicle: |
| |||||||
| |||||||
1 | criminal sexual assault,
predatory criminal sexual assault | ||||||
2 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
3 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
4 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
5 | juvenile prostitution as described in subdivision (a)(1), | ||||||
6 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
8 | sale or
delivery of controlled substances or instruments | ||||||
9 | used for illegal drug use
or abuse in which case the | ||||||
10 | driver's driving privileges shall be suspended
for one | ||||||
11 | year;
| ||||||
12 | 30. Has been convicted a second or subsequent time for | ||||||
13 | any
combination of the offenses named in paragraph 29 of | ||||||
14 | this subsection,
in which case the person's driving | ||||||
15 | privileges shall be suspended for 5
years;
| ||||||
16 | 31. Has refused to submit to a test as
required by | ||||||
17 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
18 | Registration and Safety Act or has submitted to a test | ||||||
19 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
20 | any amount of a drug, substance, or
compound resulting | ||||||
21 | from the unlawful use or consumption of cannabis as listed
| ||||||
22 | in the Cannabis Control Act, a controlled substance as | ||||||
23 | listed in the Illinois
Controlled Substances Act, an | ||||||
24 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
25 | Compounds Act, or methamphetamine as listed in the | ||||||
26 | Methamphetamine Control and Community Protection Act, in |
| |||||||
| |||||||
1 | which case the penalty shall be
as prescribed in Section | ||||||
2 | 6-208.1;
| ||||||
3 | 32. Has been convicted of Section 24-1.2 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
5 | relating to the aggravated discharge of a firearm if the | ||||||
6 | offender was
located in a motor vehicle at the time the | ||||||
7 | firearm was discharged, in which
case the suspension shall | ||||||
8 | be for 3 years;
| ||||||
9 | 33. Has as a driver, who was less than 21 years of age | ||||||
10 | on the date of
the offense, been convicted a first time of | ||||||
11 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
12 | Code or a similar provision of a local ordinance;
| ||||||
13 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
14 | this Code or a similar provision of a local ordinance;
| ||||||
15 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
16 | this Code or a similar provision of a local ordinance;
| ||||||
17 | 36. Is under the age of 21 years at the time of arrest | ||||||
18 | and has been
convicted of not less than 2 offenses against | ||||||
19 | traffic regulations governing
the movement of vehicles | ||||||
20 | committed within any 24-month 24 month period. No | ||||||
21 | revocation
or suspension shall be entered more than 6 | ||||||
22 | months after the date of last
conviction;
| ||||||
23 | 37. Has committed a violation of subsection (c) of | ||||||
24 | Section 11-907 of this
Code that resulted in damage to the | ||||||
25 | property of another or the death or injury of another;
| ||||||
26 | 38. Has been convicted of a violation of Section 6-20 |
| |||||||
| |||||||
1 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
2 | a local ordinance and the person was an occupant of a motor | ||||||
3 | vehicle at the time of the violation;
| ||||||
4 | 39. Has committed a second or subsequent violation of | ||||||
5 | Section
11-1201 of this Code;
| ||||||
6 | 40. Has committed a violation of subsection (a-1) of | ||||||
7 | Section 11-908 of
this Code; | ||||||
8 | 41. Has committed a second or subsequent violation of | ||||||
9 | Section 11-605.1 of this Code, a similar provision of a | ||||||
10 | local ordinance, or a similar violation in any other state | ||||||
11 | within 2 years of the date of the previous violation, in | ||||||
12 | which case the suspension shall be for 90 days; | ||||||
13 | 42. Has committed a violation of subsection (a-1) of | ||||||
14 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
15 | local ordinance;
| ||||||
16 | 43. Has received a disposition of court supervision | ||||||
17 | for a violation of subsection (a), (d), or (e) of Section | ||||||
18 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
19 | provision of a local ordinance and the person was an | ||||||
20 | occupant of a motor vehicle at the time of the violation, | ||||||
21 | in which case the suspension shall be for a period of 3 | ||||||
22 | months;
| ||||||
23 | 44.
Is under the age of 21 years at the time of arrest | ||||||
24 | and has been convicted of an offense against traffic | ||||||
25 | regulations governing the movement of vehicles after | ||||||
26 | having previously had his or her driving privileges
|
| |||||||
| |||||||
1 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
2 | Section; | ||||||
3 | 45.
Has, in connection with or during the course of a | ||||||
4 | formal hearing conducted under Section 2-118 of this Code: | ||||||
5 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
6 | falsified documents; (iii) submitted documents that have | ||||||
7 | been materially altered; or (iv) submitted, as his or her | ||||||
8 | own, documents that were in fact prepared or composed for | ||||||
9 | another person; | ||||||
10 | 46. Has committed a violation of subsection (j) of | ||||||
11 | Section 3-413 of this Code;
| ||||||
12 | 47. Has committed a violation of subsection (a) of | ||||||
13 | Section 11-502.1 of this Code; | ||||||
14 | 48. Has submitted a falsified or altered medical | ||||||
15 | examiner's certificate to the Secretary of State or | ||||||
16 | provided false information to obtain a medical examiner's | ||||||
17 | certificate; or | ||||||
18 | 49. Has committed a violation of subsection (b-5) of | ||||||
19 | Section 12-610.2 that resulted in great bodily harm, | ||||||
20 | permanent disability, or disfigurement, in which case the | ||||||
21 | driving privileges shall be suspended for 12 months ; or . | ||||||
22 | 50. 49. Has been convicted of a violation of Section | ||||||
23 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
24 | another, in which case the person's driving privileges | ||||||
25 | shall be suspended for 12 months. | ||||||
26 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
| |||||||
| |||||||
1 | and 27 of this
subsection, license means any driver's license, | ||||||
2 | any traffic ticket issued when
the person's driver's license | ||||||
3 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
4 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
5 | a probationary driver's license , or a temporary driver's | ||||||
6 | license. | ||||||
7 | (b) If any conviction forming the basis of a suspension or
| ||||||
8 | revocation authorized under this Section is appealed, the
| ||||||
9 | Secretary of State may rescind or withhold the entry of the | ||||||
10 | order of suspension
or revocation, as the case may be, | ||||||
11 | provided that a certified copy of a stay
order of a court is | ||||||
12 | filed with the Secretary of State. If the conviction is
| ||||||
13 | affirmed on appeal, the date of the conviction shall relate | ||||||
14 | back to the time
the original judgment of conviction was | ||||||
15 | entered and the 6-month 6 month limitation
prescribed shall | ||||||
16 | not apply.
| ||||||
17 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
18 | permit of
any person as authorized in this Section, the | ||||||
19 | Secretary of State shall
immediately notify the person in | ||||||
20 | writing of the revocation or suspension.
The notice to be | ||||||
21 | deposited in the United States mail, postage prepaid,
to the | ||||||
22 | last known address of the person.
| ||||||
23 | 2. If the Secretary of State suspends the driver's license
| ||||||
24 | of a person under subsection 2 of paragraph (a) of this | ||||||
25 | Section, a
person's privilege to operate a vehicle as an | ||||||
26 | occupation shall not be
suspended, provided an affidavit is |
| |||||||
| |||||||
1 | properly completed, the appropriate fee
received, and a permit | ||||||
2 | issued prior to the effective date of the
suspension, unless 5 | ||||||
3 | offenses were committed, at least 2 of which occurred
while | ||||||
4 | operating a commercial vehicle in connection with the driver's
| ||||||
5 | regular occupation. All other driving privileges shall be | ||||||
6 | suspended by the
Secretary of State. Any driver prior to | ||||||
7 | operating a vehicle for
occupational purposes only must submit | ||||||
8 | the affidavit on forms to be
provided by the Secretary of State | ||||||
9 | setting forth the facts of the person's
occupation. The | ||||||
10 | affidavit shall also state the number of offenses
committed | ||||||
11 | while operating a vehicle in connection with the driver's | ||||||
12 | regular
occupation. The affidavit shall be accompanied by the | ||||||
13 | driver's license.
Upon receipt of a properly completed | ||||||
14 | affidavit, the Secretary of State
shall issue the driver a | ||||||
15 | permit to operate a vehicle in connection with the
driver's | ||||||
16 | regular occupation only. Unless the permit is issued by the
| ||||||
17 | Secretary of State prior to the date of suspension, the | ||||||
18 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
19 | forth in the notice that was
mailed under this Section. If an | ||||||
20 | affidavit is received subsequent to the
effective date of this | ||||||
21 | suspension, a permit may be issued for the remainder
of the | ||||||
22 | suspension period.
| ||||||
23 | The provisions of this subparagraph shall not apply to any | ||||||
24 | driver
required to possess a CDL for the purpose of operating a | ||||||
25 | commercial motor vehicle.
| ||||||
26 | Any person who falsely states any fact in the affidavit |
| |||||||
| |||||||
1 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
2 | and upon conviction
thereof shall have all driving privileges | ||||||
3 | revoked without further rights.
| ||||||
4 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
5 | this Code,
the Secretary of State shall either rescind or | ||||||
6 | continue an order of
revocation or shall substitute an order | ||||||
7 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
8 | continue, change, or extend the
order of suspension. If the | ||||||
9 | Secretary of State does not rescind the order,
the Secretary | ||||||
10 | may upon application,
to relieve undue hardship (as defined by | ||||||
11 | the rules of the Secretary of State), issue
a restricted | ||||||
12 | driving permit granting the privilege of driving a motor
| ||||||
13 | vehicle between the petitioner's residence and petitioner's | ||||||
14 | place of
employment or within the scope of the petitioner's | ||||||
15 | employment-related employment related duties, or to
allow the | ||||||
16 | petitioner to transport himself or herself, or a family member | ||||||
17 | of the
petitioner's household to a medical facility, to | ||||||
18 | receive necessary medical care, to allow the petitioner to | ||||||
19 | transport himself or herself to and from alcohol or drug
| ||||||
20 | remedial or rehabilitative activity recommended by a licensed | ||||||
21 | service provider, or to allow the petitioner to transport | ||||||
22 | himself or herself or a family member of the petitioner's | ||||||
23 | household to classes, as a student, at an accredited | ||||||
24 | educational institution, or to allow the petitioner to | ||||||
25 | transport children, elderly persons, or persons with | ||||||
26 | disabilities who do not hold driving privileges and are living |
| |||||||
| |||||||
1 | in the petitioner's household to and from daycare. The
| ||||||
2 | petitioner must demonstrate that no alternative means of
| ||||||
3 | transportation is reasonably available and that the petitioner | ||||||
4 | will not endanger
the public safety or welfare.
| ||||||
5 | (A) If a person's license or permit is revoked or | ||||||
6 | suspended due to 2
or more convictions of violating | ||||||
7 | Section 11-501 of this Code or a similar
provision of a | ||||||
8 | local ordinance or a similar out-of-state offense, or | ||||||
9 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012, where the use of alcohol or other drugs is | ||||||
11 | recited as an element of the offense, or a similar | ||||||
12 | out-of-state offense, or a combination of these offenses, | ||||||
13 | arising out
of separate occurrences, that person, if | ||||||
14 | issued a restricted driving permit,
may not operate a | ||||||
15 | vehicle unless it has been equipped with an ignition
| ||||||
16 | interlock device as defined in Section 1-129.1.
| ||||||
17 | (B) If a person's license or permit is revoked or | ||||||
18 | suspended 2 or more
times due to any combination of: | ||||||
19 | (i) a single conviction of violating Section
| ||||||
20 | 11-501 of this Code or a similar provision of a local | ||||||
21 | ordinance or a similar
out-of-state offense or Section | ||||||
22 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012, where the use of alcohol or other drugs is | ||||||
24 | recited as an element of the offense, or a similar | ||||||
25 | out-of-state offense; or | ||||||
26 | (ii) a statutory summary suspension or revocation |
| |||||||
| |||||||
1 | under Section
11-501.1; or | ||||||
2 | (iii) a suspension under Section 6-203.1; | ||||||
3 | arising out of
separate occurrences; that person, if | ||||||
4 | issued a restricted driving permit, may
not operate a | ||||||
5 | vehicle unless it has been
equipped with an ignition | ||||||
6 | interlock device as defined in Section 1-129.1. | ||||||
7 | (B-5) If a person's license or permit is revoked or | ||||||
8 | suspended due to a conviction for a violation of | ||||||
9 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
10 | of Section 11-501 of this Code, or a similar provision of a | ||||||
11 | local ordinance or similar out-of-state offense, that | ||||||
12 | person, if issued a restricted driving permit, may not | ||||||
13 | operate a vehicle unless it has been equipped with an | ||||||
14 | ignition interlock device as defined in Section 1-129.1. | ||||||
15 | (C)
The person issued a permit conditioned upon the | ||||||
16 | use of an ignition interlock device must pay to the | ||||||
17 | Secretary of State DUI Administration Fund an amount
not | ||||||
18 | to exceed $30 per month. The Secretary shall establish by | ||||||
19 | rule the amount
and the procedures, terms, and conditions | ||||||
20 | relating to these fees. | ||||||
21 | (D) If the
restricted driving permit is issued for | ||||||
22 | employment purposes, then the prohibition against | ||||||
23 | operating a motor vehicle that is not equipped with an | ||||||
24 | ignition interlock device does not apply to the operation | ||||||
25 | of an occupational vehicle owned or
leased by that | ||||||
26 | person's employer when used solely for employment |
| |||||||
| |||||||
1 | purposes. For any person who, within a 5-year period, is | ||||||
2 | convicted of a second or subsequent offense under Section | ||||||
3 | 11-501 of this Code, or a similar provision of a local | ||||||
4 | ordinance or similar out-of-state offense, this employment | ||||||
5 | exemption does not apply until either a one-year period | ||||||
6 | has elapsed during which that person had his or her | ||||||
7 | driving privileges revoked or a one-year period has | ||||||
8 | elapsed during which that person had a restricted driving | ||||||
9 | permit which required the use of an ignition interlock | ||||||
10 | device on every motor vehicle owned or operated by that | ||||||
11 | person. | ||||||
12 | (E) In each case the Secretary may issue a
restricted | ||||||
13 | driving permit for a period deemed appropriate, except | ||||||
14 | that all
permits shall expire no later than 2 years from | ||||||
15 | the date of issuance. A
restricted driving permit issued | ||||||
16 | under this Section shall be subject to
cancellation, | ||||||
17 | revocation, and suspension by the Secretary of State in | ||||||
18 | like
manner and for like cause as a driver's license | ||||||
19 | issued under this Code may be
cancelled, revoked, or | ||||||
20 | suspended; except that a conviction upon one or more
| ||||||
21 | offenses against laws or ordinances regulating the | ||||||
22 | movement of traffic
shall be deemed sufficient cause for | ||||||
23 | the revocation, suspension, or
cancellation of a | ||||||
24 | restricted driving permit. The Secretary of State may, as
| ||||||
25 | a condition to the issuance of a restricted driving | ||||||
26 | permit, require the
applicant to participate in a |
| |||||||
| |||||||
1 | designated driver remedial or rehabilitative
program. The | ||||||
2 | Secretary of State is authorized to cancel a restricted
| ||||||
3 | driving permit if the permit holder does not successfully | ||||||
4 | complete the program.
| ||||||
5 | (F) A person subject to the provisions of paragraph 4 | ||||||
6 | of subsection (b) of Section 6-208 of this Code may make | ||||||
7 | application for a restricted driving permit at a hearing | ||||||
8 | conducted under Section 2-118 of this Code after the | ||||||
9 | expiration of 5 years from the effective date of the most | ||||||
10 | recent revocation or after 5 years from the date of | ||||||
11 | release from a period of imprisonment resulting from a | ||||||
12 | conviction of the most recent offense, whichever is later, | ||||||
13 | provided the person, in addition to all other requirements | ||||||
14 | of the Secretary, shows by clear and convincing evidence: | ||||||
15 | (i) a minimum of 3 years of uninterrupted | ||||||
16 | abstinence from alcohol and the unlawful use or | ||||||
17 | consumption of cannabis under the Cannabis Control | ||||||
18 | Act, a controlled substance under the Illinois | ||||||
19 | Controlled Substances Act, an intoxicating compound | ||||||
20 | under the Use of Intoxicating Compounds Act, or | ||||||
21 | methamphetamine under the Methamphetamine Control and | ||||||
22 | Community Protection Act; and | ||||||
23 | (ii) the successful completion of any | ||||||
24 | rehabilitative treatment and involvement in any | ||||||
25 | ongoing rehabilitative activity that may be | ||||||
26 | recommended by a properly licensed service provider |
| |||||||
| |||||||
1 | according to an assessment of the person's alcohol or | ||||||
2 | drug use under Section 11-501.01 of this Code. | ||||||
3 | In determining whether an applicant is eligible for a | ||||||
4 | restricted driving permit under this subparagraph (F), the | ||||||
5 | Secretary may consider any relevant evidence, including, | ||||||
6 | but not limited to, testimony, affidavits, records, and | ||||||
7 | the results of regular alcohol or drug tests. Persons | ||||||
8 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
9 | of Section 6-208 of this Code and who have been convicted | ||||||
10 | of more than one violation of paragraph (3), paragraph | ||||||
11 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
12 | of this Code shall not be eligible to apply for a | ||||||
13 | restricted driving permit under this subparagraph (F). | ||||||
14 | A restricted driving permit issued under this | ||||||
15 | subparagraph (F) shall provide that the holder may only | ||||||
16 | operate motor vehicles equipped with an ignition interlock | ||||||
17 | device as required under paragraph (2) of subsection (c) | ||||||
18 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
19 | paragraph 3 of subsection (c) of this Section. The | ||||||
20 | Secretary may revoke a restricted driving permit or amend | ||||||
21 | the conditions of a restricted driving permit issued under | ||||||
22 | this subparagraph (F) if the holder operates a vehicle | ||||||
23 | that is not equipped with an ignition interlock device, or | ||||||
24 | for any other reason authorized under this Code. | ||||||
25 | A restricted driving permit issued under this | ||||||
26 | subparagraph (F) shall be revoked, and the holder barred |
| |||||||
| |||||||
1 | from applying for or being issued a restricted driving | ||||||
2 | permit in the future, if the holder is convicted of a | ||||||
3 | violation of Section 11-501 of this Code, a similar | ||||||
4 | provision of a local ordinance, or a similar offense in | ||||||
5 | another state. | ||||||
6 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
7 | subsection (a), reports received by the Secretary of State | ||||||
8 | under this Section shall, except during the actual time the | ||||||
9 | suspension is in effect, be privileged information and for use | ||||||
10 | only by the courts, police officers, prosecuting authorities, | ||||||
11 | the driver licensing administrator of any other state, the | ||||||
12 | Secretary of State, or the parent or legal guardian of a driver | ||||||
13 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
14 | person is a CDL holder, the suspension shall also be made | ||||||
15 | available to the driver licensing administrator of any other | ||||||
16 | state, the U.S. Department of Transportation, and the affected | ||||||
17 | driver or motor
carrier or prospective motor carrier upon | ||||||
18 | request.
| ||||||
19 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
20 | subsection (a), the Secretary of State shall notify the person | ||||||
21 | by mail that his or her driving privileges and driver's | ||||||
22 | license will be suspended one month after the date of the | ||||||
23 | mailing of the notice.
| ||||||
24 | (c-5) The Secretary of State may, as a condition of the | ||||||
25 | reissuance of a
driver's license or permit to an applicant | ||||||
26 | whose driver's license or permit has
been suspended before he |
| |||||||
| |||||||
1 | or she reached the age of 21 years pursuant to any of
the | ||||||
2 | provisions of this Section, require the applicant to | ||||||
3 | participate in a
driver remedial education course and be | ||||||
4 | retested under Section 6-109 of this
Code.
| ||||||
5 | (d) This Section is subject to the provisions of the | ||||||
6 | Driver Drivers License
Compact.
| ||||||
7 | (e) The Secretary of State shall not issue a restricted | ||||||
8 | driving permit to
a person under the age of 16 years whose | ||||||
9 | driving privileges have been suspended
or revoked under any | ||||||
10 | provisions of this Code.
| ||||||
11 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
12 | State may not issue a restricted driving permit for the | ||||||
13 | operation of a commercial motor vehicle to a person holding a | ||||||
14 | CDL whose driving privileges have been suspended, revoked, | ||||||
15 | cancelled, or disqualified under any provisions of this Code. | ||||||
16 | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||||||
17 | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
| ||||||
18 | (625 ILCS 5/6-209.1) | ||||||
19 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
20 | revocation; suspension; cancellation. The Secretary shall | ||||||
21 | rescind the suspension or cancellation of a person's driver's | ||||||
22 | license that has been suspended or canceled before July 1, | ||||||
23 | 2020 ( the effective date of Public Act 101-623) this | ||||||
24 | amendatory Act of the 101st General Assembly due to: | ||||||
25 | (1) the person being convicted of theft of motor fuel |
| |||||||
| |||||||
1 | under Section Sections 16-25 or 16K-15 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012; | ||||||
3 | (2) the person, since the issuance of the driver's | ||||||
4 | license, being adjudged to be afflicted with or suffering | ||||||
5 | from any mental disability or disease; | ||||||
6 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
7 | Act of 1934 or a similar provision of a local ordinance; | ||||||
8 | (4) the person being convicted of a violation of | ||||||
9 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
10 | provision of a local ordinance, if the person presents a | ||||||
11 | certified copy of a court order that includes a finding | ||||||
12 | that the person was not an occupant of a motor vehicle at | ||||||
13 | the time of the violation; | ||||||
14 | (5) the person receiving a disposition of court | ||||||
15 | supervision for a violation of subsection subsections (a), | ||||||
16 | (d), or (e) of Section 6-20 of the Liquor Control Act of | ||||||
17 | 1934 or a similar provision of a local ordinance, if the | ||||||
18 | person presents a certified copy of a court order that | ||||||
19 | includes a finding that the person was not an occupant of a | ||||||
20 | motor vehicle at the time of the violation; | ||||||
21 | (6) the person failing to pay any fine or penalty due | ||||||
22 | or owing as a result of 10 or more violations of a | ||||||
23 | municipality's or county's vehicular standing, parking, or | ||||||
24 | compliance regulations established by ordinance under | ||||||
25 | Section 11-208.3 of this Code; | ||||||
26 | (7) the person failing to satisfy any fine or penalty |
| |||||||
| |||||||
1 | resulting from a final order issued by the Illinois State | ||||||
2 | Toll Highway Authority relating directly or indirectly to | ||||||
3 | 5 or more toll violations, toll evasions, or both; | ||||||
4 | (8) the person being convicted of a violation of | ||||||
5 | Section 4-102 of this Code, if the person presents a | ||||||
6 | certified copy of a court order that includes a finding | ||||||
7 | that the person did not exercise actual physical control | ||||||
8 | of the vehicle at the time of the violation; or | ||||||
9 | (9) the person being convicted of criminal trespass to | ||||||
10 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
11 | if the person presents a certified copy of a court order | ||||||
12 | that includes a finding that the person did not exercise | ||||||
13 | actual physical control of the vehicle at the time of the | ||||||
14 | violation.
| ||||||
15 | (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
| ||||||
16 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| ||||||
17 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
18 | parking,
compliance, automated speed enforcement system, or | ||||||
19 | automated traffic law violations; suspension of driving | ||||||
20 | privileges.
| ||||||
21 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
22 | subsection (c) of
this Section, from
any municipality or | ||||||
23 | county stating that the owner of a registered vehicle has | ||||||
24 | failed to pay any
fine or penalty due and owing as a result of | ||||||
25 | 5 offenses for automated speed enforcement system violations |
| |||||||
| |||||||
1 | or automated traffic
violations as defined in Sections
| ||||||
2 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination | ||||||
3 | thereof, or (3) is more than 14 days in default of a payment | ||||||
4 | plan pursuant to which a suspension had been terminated under | ||||||
5 | subsection (c) of this Section, the Secretary of State
shall | ||||||
6 | suspend the driving privileges of such person in accordance | ||||||
7 | with the
procedures set forth in this Section.
The Secretary | ||||||
8 | shall also suspend the driving privileges of an owner of a
| ||||||
9 | registered vehicle upon receipt of a certified report, as | ||||||
10 | prescribed by
subsection (f) of this Section, from any | ||||||
11 | municipality or county stating that such
person has failed to | ||||||
12 | satisfy any fines or penalties imposed by final judgments
for | ||||||
13 | 5 or more automated speed enforcement system or automated | ||||||
14 | traffic law violations, or combination thereof, after
| ||||||
15 | exhaustion of judicial review procedures.
| ||||||
16 | (b) Following receipt of the certified report of the | ||||||
17 | municipality or county as
specified in this Section, the | ||||||
18 | Secretary of State shall notify the person
whose name appears | ||||||
19 | on the certified report that
the person's driver's
drivers | ||||||
20 | license will be suspended at the end of a specified period of | ||||||
21 | time
unless the Secretary of State is presented with a notice | ||||||
22 | from the
municipality or county certifying that the fine or | ||||||
23 | penalty due
and owing the municipality or county has been paid | ||||||
24 | or that inclusion of that
person's name on the certified | ||||||
25 | report was in error. The Secretary's notice
shall state in | ||||||
26 | substance the information
contained in the municipality's or |
| |||||||
| |||||||
1 | county's certified report to the Secretary, and
shall be | ||||||
2 | effective as specified by subsection (c) of Section 6-211 of | ||||||
3 | this
Code.
| ||||||
4 | (c) The report of the appropriate municipal or county | ||||||
5 | official notifying the
Secretary of State of unpaid fines or | ||||||
6 | penalties pursuant to this Section
shall be certified and | ||||||
7 | shall contain the following:
| ||||||
8 | (1) The name, last known address as recorded with the | ||||||
9 | Secretary of State, as provided by the lessor of the cited | ||||||
10 | vehicle at the time of lease, or as recorded in a United | ||||||
11 | States Post Office approved database if any notice sent | ||||||
12 | under Section 11-208.3 of this Code is returned as | ||||||
13 | undeliverable, and driver's drivers license number of the
| ||||||
14 | person who failed to pay the fine or
penalty or who has | ||||||
15 | defaulted in a payment plan and the registration number of | ||||||
16 | any vehicle known to be registered
to such person in this | ||||||
17 | State.
| ||||||
18 | (2) The name of the municipality or county making the | ||||||
19 | report pursuant to this
Section.
| ||||||
20 | (3) A statement that the municipality or county sent a | ||||||
21 | notice of impending driver's
drivers license suspension as | ||||||
22 | prescribed by ordinance enacted
pursuant to Section | ||||||
23 | 11-208.3 of this Code or a notice of default in a payment | ||||||
24 | plan, to the person named in the report at the
address | ||||||
25 | recorded with the Secretary of State or at the last | ||||||
26 | address known to the lessor of the cited vehicle at the |
| |||||||
| |||||||
1 | time of lease or, if any notice sent under Section | ||||||
2 | 11-208.3 of this Code is returned as undeliverable, at the | ||||||
3 | last known address recorded in a United States Post Office | ||||||
4 | approved database; the date on which such
notice was sent; | ||||||
5 | and the address to which such notice was sent.
In a | ||||||
6 | municipality or county with a population of 1,000,000 or | ||||||
7 | more, the report shall
also include a statement that the | ||||||
8 | alleged violator's State vehicle registration
number and | ||||||
9 | vehicle make, if specified on the automated speed | ||||||
10 | enforcement system violation or automated traffic law | ||||||
11 | violation notice, are correct as they appear on the | ||||||
12 | citations. | ||||||
13 | (4) A unique identifying reference number for each | ||||||
14 | request of suspension sent whenever a person has failed to | ||||||
15 | pay the fine or penalty or has defaulted on a payment plan.
| ||||||
16 | (d) Any municipality or county making a certified report | ||||||
17 | to the Secretary of State
pursuant to this Section
shall | ||||||
18 | notify the Secretary of State, in a form prescribed by the
| ||||||
19 | Secretary, whenever a person named in the certified report has | ||||||
20 | paid the
previously reported fine or penalty, whenever a | ||||||
21 | person named in the certified report has entered into a | ||||||
22 | payment plan pursuant to which the municipality or county has | ||||||
23 | agreed to terminate the suspension, or whenever the | ||||||
24 | municipality or county determines
that the original report was | ||||||
25 | in error. A certified copy of such
notification shall also be | ||||||
26 | given upon request and at no additional charge
to the person |
| |||||||
| |||||||
1 | named therein. Upon receipt of the municipality's or county's
| ||||||
2 | notification or presentation of a certified copy of such | ||||||
3 | notification, the
Secretary of State shall terminate the | ||||||
4 | suspension.
| ||||||
5 | (e) Any municipality or county making a certified report | ||||||
6 | to the Secretary of State
pursuant to this Section
shall also | ||||||
7 | by ordinance establish procedures for persons to
challenge the | ||||||
8 | accuracy of the certified report. The ordinance shall also
| ||||||
9 | state the grounds for such a challenge, which may be limited to | ||||||
10 | (1) the
person not having been the owner or lessee of the | ||||||
11 | vehicle or vehicles
receiving a combination of 5 or more | ||||||
12 | automated speed enforcement system or automated traffic law | ||||||
13 | violations on the date or dates such notices were issued; and | ||||||
14 | (2) the
person
having already paid the fine or penalty for the | ||||||
15 | combination of 5 or more automated speed enforcement system or | ||||||
16 | automated traffic law violations
indicated on the certified | ||||||
17 | report.
| ||||||
18 | (f) Any municipality or county, other than a municipality | ||||||
19 | or county establishing automated speed enforcement system | ||||||
20 | regulations under Section 11-208.8, or automated traffic law | ||||||
21 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
22 | may also
cause a suspension of a person's driver's drivers | ||||||
23 | license pursuant to this Section.
Such municipality or county | ||||||
24 | may invoke this sanction by making a certified report to
the | ||||||
25 | Secretary of State upon a person's failure to satisfy any fine | ||||||
26 | or
penalty imposed by final judgment for a combination of 5 or |
| |||||||
| |||||||
1 | more automated speed enforcement system or automated traffic | ||||||
2 | law violations after exhaustion
of judicial review
procedures, | ||||||
3 | but only if:
| ||||||
4 | (1) the municipality or county complies with the | ||||||
5 | provisions of this Section in all
respects except in | ||||||
6 | regard to enacting an ordinance pursuant to Section
| ||||||
7 | 11-208.3;
| ||||||
8 | (2) the municipality or county has sent a notice of | ||||||
9 | impending driver's
drivers license suspension as | ||||||
10 | prescribed by an ordinance enacted pursuant to
subsection | ||||||
11 | (g) of this Section; and
| ||||||
12 | (3) in municipalities or counties with a population of | ||||||
13 | 1,000,000 or more, the
municipality or county
has verified | ||||||
14 | that the alleged violator's State vehicle registration | ||||||
15 | number and
vehicle make are correct as they appear on the | ||||||
16 | citations.
| ||||||
17 | (g) Any municipality or county, other than a municipality | ||||||
18 | or county establishing
automated speed enforcement system | ||||||
19 | regulations under Section 11-208.8, or automated traffic law | ||||||
20 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
21 | may provide by
ordinance for the sending of a notice of | ||||||
22 | impending driver's
drivers license suspension to the person | ||||||
23 | who has failed to satisfy any fine
or penalty imposed by final | ||||||
24 | judgment for a combination of 5 or more automated speed | ||||||
25 | enforcement system or automated traffic law violations after | ||||||
26 | exhaustion
of
judicial review
procedures. An ordinance so |
| |||||||
| |||||||
1 | providing shall specify that the notice
sent to the person | ||||||
2 | liable for any fine or penalty
shall state that failure to pay | ||||||
3 | the fine or
penalty owing within 45 days of the notice's date | ||||||
4 | will result in the
municipality or county notifying the | ||||||
5 | Secretary of State that
the person's driver's drivers license | ||||||
6 | is eligible for suspension pursuant to this
Section.
The | ||||||
7 | notice of impending driver's drivers license suspension
shall | ||||||
8 | be sent by first class United States mail, postage prepaid, to | ||||||
9 | the
address
recorded with the Secretary of State or at the last | ||||||
10 | address known to the lessor of the cited vehicle at the time of | ||||||
11 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
12 | Code is returned as undeliverable, to the last known address | ||||||
13 | recorded in a United States Post Office approved database.
| ||||||
14 | (h) An administrative hearing to contest an impending | ||||||
15 | suspension or a
suspension made pursuant to this Section may | ||||||
16 | be had upon filing a written
request with the Secretary of | ||||||
17 | State. The filing fee for this hearing shall
be $20, to be paid | ||||||
18 | at the time the request is made.
A municipality or county which | ||||||
19 | files a certified report with the Secretary of
State pursuant | ||||||
20 | to this Section shall reimburse the Secretary for all
| ||||||
21 | reasonable costs incurred by the Secretary as a result of the | ||||||
22 | filing of the
report, including , but not limited to , the costs | ||||||
23 | of providing the notice
required pursuant to subsection (b) | ||||||
24 | and the costs incurred by the Secretary
in any hearing | ||||||
25 | conducted with respect to the report pursuant to this
| ||||||
26 | subsection and any appeal from such a hearing.
|
| |||||||
| |||||||
1 | (i) The provisions of this Section shall apply on and | ||||||
2 | after January 1, 1988.
| ||||||
3 | (j) For purposes of this Section, the term "compliance | ||||||
4 | violation" is
defined as in Section 11-208.3.
| ||||||
5 | (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
| ||||||
6 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||||||
7 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
8 | of traffic
regulations concerning the standing, parking, or | ||||||
9 | condition of
vehicles, automated traffic law violations, and | ||||||
10 | automated speed enforcement system violations.
| ||||||
11 | (a) Any municipality or county may provide by ordinance | ||||||
12 | for a system of
administrative adjudication of vehicular | ||||||
13 | standing and parking violations and
vehicle compliance | ||||||
14 | violations as described in this subsection, automated traffic | ||||||
15 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
16 | 11-1201.1, and automated speed enforcement system violations | ||||||
17 | as defined in Section 11-208.8.
The administrative system | ||||||
18 | shall have as its purpose the fair and
efficient enforcement | ||||||
19 | of municipal or county regulations through the
administrative | ||||||
20 | adjudication of automated speed enforcement system or | ||||||
21 | automated traffic law violations and violations of municipal | ||||||
22 | or county ordinances
regulating the standing and parking of | ||||||
23 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
24 | display of municipal or county wheel tax licenses within the
| ||||||
25 | municipality's
or county's borders. The administrative system |
| |||||||
| |||||||
1 | shall only have authority to adjudicate
civil offenses | ||||||
2 | carrying fines not in excess of $500 or requiring the | ||||||
3 | completion of a traffic education program, or both, that occur | ||||||
4 | after the
effective date of the ordinance adopting such a | ||||||
5 | system under this Section.
For purposes of this Section, | ||||||
6 | "compliance violation" means a violation of a
municipal or | ||||||
7 | county regulation governing the condition or use of equipment | ||||||
8 | on a vehicle
or governing the display of a municipal or county | ||||||
9 | wheel tax license.
| ||||||
10 | (b) Any ordinance establishing a system of administrative | ||||||
11 | adjudication
under this Section shall provide for:
| ||||||
12 | (1) A traffic compliance administrator authorized to
| ||||||
13 | adopt, distribute , and
process parking, compliance, and | ||||||
14 | automated speed enforcement system or automated traffic | ||||||
15 | law violation notices and other notices required
by this
| ||||||
16 | Section, collect money paid as fines and penalties for | ||||||
17 | violation of parking
and compliance
ordinances and | ||||||
18 | automated speed enforcement system or automated traffic | ||||||
19 | law violations, and operate an administrative adjudication | ||||||
20 | system. The traffic
compliance
administrator also may make | ||||||
21 | a certified report to the Secretary of State
under Section | ||||||
22 | 6-306.5.
| ||||||
23 | (2) A parking, standing, compliance, automated speed | ||||||
24 | enforcement system, or automated traffic law violation | ||||||
25 | notice
that
shall specify or include the date,
time, and | ||||||
26 | place of violation of a parking, standing,
compliance, |
| |||||||
| |||||||
1 | automated speed enforcement system, or automated traffic | ||||||
2 | law
regulation; the particular regulation
violated; any | ||||||
3 | requirement to complete a traffic education program; the | ||||||
4 | fine and any penalty that may be assessed for late payment | ||||||
5 | or failure to complete a required traffic education | ||||||
6 | program, or both,
when so provided by ordinance; the | ||||||
7 | vehicle make or a photograph of the vehicle; the state | ||||||
8 | registration
number of the vehicle; and the identification | ||||||
9 | number of the
person issuing the notice.
With regard to | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violations, vehicle make shall be specified on the | ||||||
12 | automated speed enforcement system or automated traffic | ||||||
13 | law violation notice if the notice does not include a | ||||||
14 | photograph of the vehicle and the make is available and | ||||||
15 | readily discernible. With regard to municipalities or | ||||||
16 | counties with a population of 1 million or more, it
shall | ||||||
17 | be grounds for
dismissal of a parking
violation if the | ||||||
18 | state registration number or vehicle make specified is
| ||||||
19 | incorrect. The violation notice shall state that the | ||||||
20 | completion of any required traffic education program, the | ||||||
21 | payment of any indicated
fine, and the payment of any | ||||||
22 | applicable penalty for late payment or failure to complete | ||||||
23 | a required traffic education program, or both, shall | ||||||
24 | operate as a
final disposition of the violation. The | ||||||
25 | notice also shall contain
information as to the | ||||||
26 | availability of a hearing in which the violation may
be |
| |||||||
| |||||||
1 | contested on its merits. The violation notice shall | ||||||
2 | specify the
time and manner in which a hearing may be had.
| ||||||
3 | (3) Service of a parking, standing, or compliance
| ||||||
4 | violation notice by: (i) affixing the
original or a | ||||||
5 | facsimile of the notice to an unlawfully parked or | ||||||
6 | standing vehicle; (ii)
handing the notice to the operator | ||||||
7 | of a vehicle if he or she is
present; or (iii) mailing the | ||||||
8 | notice to the address of the registered owner or lessee of | ||||||
9 | the cited vehicle as recorded with the Secretary of State | ||||||
10 | or the lessor of the motor vehicle within 30 days after the | ||||||
11 | Secretary of State or the lessor of the motor vehicle | ||||||
12 | notifies the municipality or county of the identity of the | ||||||
13 | owner or lessee of the vehicle, but not later than 90 days | ||||||
14 | after the date of the violation, except that in the case of | ||||||
15 | a lessee of a motor vehicle, service of a parking, | ||||||
16 | standing, or compliance violation notice may occur no | ||||||
17 | later than 210 days after the violation; and service of an | ||||||
18 | automated speed enforcement system or automated traffic | ||||||
19 | law violation notice by mail to the
address
of the | ||||||
20 | registered owner or lessee of the cited vehicle as | ||||||
21 | recorded with the Secretary of
State or the lessor of the | ||||||
22 | motor vehicle within 30 days after the Secretary of State | ||||||
23 | or the lessor of the motor vehicle notifies the | ||||||
24 | municipality or county of the identity of the owner or | ||||||
25 | lessee of the vehicle, but not later than 90 days after the | ||||||
26 | violation, except that in the case of a lessee of a motor |
| |||||||
| |||||||
1 | vehicle, service of an automated traffic law violation | ||||||
2 | notice may occur no later than 210 days after the | ||||||
3 | violation. A person authorized by ordinance to issue and | ||||||
4 | serve parking,
standing, and compliance
violation notices | ||||||
5 | shall certify as to the correctness of the facts entered
| ||||||
6 | on the violation notice by signing his or her name to the | ||||||
7 | notice at
the time of service or , in the case of a notice | ||||||
8 | produced by a computerized
device, by signing a single | ||||||
9 | certificate to be kept by the traffic
compliance
| ||||||
10 | administrator attesting to the correctness of all notices | ||||||
11 | produced by the
device while it was under his or her | ||||||
12 | control. In the case of an automated traffic law | ||||||
13 | violation, the ordinance shall
require
a
determination by | ||||||
14 | a technician employed or contracted by the municipality or | ||||||
15 | county that,
based on inspection of recorded images, the | ||||||
16 | motor vehicle was being operated in
violation of Section | ||||||
17 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | ||||||
18 | the technician determines that the
vehicle entered the | ||||||
19 | intersection as part of a funeral procession or in order | ||||||
20 | to
yield the right-of-way to an emergency vehicle, a | ||||||
21 | citation shall not be issued. In municipalities with a | ||||||
22 | population of less than 1,000,000 inhabitants and counties | ||||||
23 | with a population of less than 3,000,000 inhabitants, the | ||||||
24 | automated traffic law ordinance shall require that all | ||||||
25 | determinations by a technician that a motor vehicle was | ||||||
26 | being operated in
violation of Section 11-208.6, 11-208.9, |
| |||||||
| |||||||
1 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
2 | approved by a law enforcement officer or retired law | ||||||
3 | enforcement officer of the municipality or county issuing | ||||||
4 | the violation. In municipalities with a population of | ||||||
5 | 1,000,000 or more inhabitants and counties with a | ||||||
6 | population of 3,000,000 or more inhabitants, the automated | ||||||
7 | traffic law ordinance shall require that all | ||||||
8 | determinations by a technician that a motor vehicle was | ||||||
9 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
10 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
11 | approved by a law enforcement officer or retired law | ||||||
12 | enforcement officer of the municipality or county issuing | ||||||
13 | the violation or by an additional fully trained | ||||||
14 | fully-trained reviewing technician who is not employed by | ||||||
15 | the contractor who employs the technician who made the | ||||||
16 | initial determination. In the case of an automated speed | ||||||
17 | enforcement system violation, the ordinance shall require | ||||||
18 | a determination by a technician employed by the | ||||||
19 | municipality, based upon an inspection of recorded images, | ||||||
20 | video or other documentation, including documentation of | ||||||
21 | the speed limit and automated speed enforcement signage, | ||||||
22 | and documentation of the inspection, calibration, and | ||||||
23 | certification of the speed equipment, that the vehicle was | ||||||
24 | being operated in violation of Article VI of Chapter 11 of | ||||||
25 | this Code or a similar local ordinance. If the technician | ||||||
26 | determines that the vehicle speed was not determined by a |
| |||||||
| |||||||
1 | calibrated, certified speed equipment device based upon | ||||||
2 | the speed equipment documentation, or if the vehicle was | ||||||
3 | an emergency vehicle, a citation may not be issued. The | ||||||
4 | automated speed enforcement ordinance shall require that | ||||||
5 | all determinations by a technician that a violation | ||||||
6 | occurred be reviewed and approved by a law enforcement | ||||||
7 | officer or retired law enforcement officer of the | ||||||
8 | municipality issuing the violation or by an additional | ||||||
9 | fully trained reviewing technician who is not employed by | ||||||
10 | the contractor who employs the technician who made the | ||||||
11 | initial determination. Routine and independent calibration | ||||||
12 | of the speeds produced by automated speed enforcement | ||||||
13 | systems and equipment shall be conducted annually by a | ||||||
14 | qualified technician. Speeds produced by an automated | ||||||
15 | speed enforcement system shall be compared with speeds | ||||||
16 | produced by lidar or other independent equipment. Radar or | ||||||
17 | lidar equipment shall undergo an internal validation test | ||||||
18 | no less frequently than once each week. Qualified | ||||||
19 | technicians shall test loop-based loop based equipment no | ||||||
20 | less frequently than once a year. Radar equipment shall be | ||||||
21 | checked for accuracy by a qualified technician when the | ||||||
22 | unit is serviced, when unusual or suspect readings | ||||||
23 | persist, or when deemed necessary by a reviewing | ||||||
24 | technician. Radar equipment shall be checked with the | ||||||
25 | internal frequency generator and the internal circuit test | ||||||
26 | whenever the radar is turned on. Technicians must be alert |
| |||||||
| |||||||
1 | for any unusual or suspect readings, and if unusual or | ||||||
2 | suspect readings of a radar unit persist, that unit shall | ||||||
3 | immediately be removed from service and not returned to | ||||||
4 | service until it has been checked by a qualified | ||||||
5 | technician and determined to be functioning properly. | ||||||
6 | Documentation of the annual calibration results, including | ||||||
7 | the equipment tested, test date, technician performing the | ||||||
8 | test, and test results, shall be maintained and available | ||||||
9 | for use in the determination of an automated speed | ||||||
10 | enforcement system violation and issuance of a citation. | ||||||
11 | The technician performing the calibration and testing of | ||||||
12 | the automated speed enforcement equipment shall be trained | ||||||
13 | and certified in the use of equipment for speed | ||||||
14 | enforcement purposes. Training on the speed enforcement | ||||||
15 | equipment may be conducted by law enforcement, civilian, | ||||||
16 | or manufacturer's personnel and if applicable may be | ||||||
17 | equivalent to the equipment use and operations training | ||||||
18 | included in the Speed Measuring Device Operator Program | ||||||
19 | developed by the National Highway Traffic Safety | ||||||
20 | Administration (NHTSA). The vendor or technician who | ||||||
21 | performs the work shall keep accurate records on each | ||||||
22 | piece of equipment the technician calibrates and tests. As | ||||||
23 | used in this paragraph, " fully trained fully-trained | ||||||
24 | reviewing technician" means a person who has received at | ||||||
25 | least 40 hours of supervised training in subjects which | ||||||
26 | shall include image inspection and interpretation, the |
| |||||||
| |||||||
1 | elements necessary to prove a violation, license plate | ||||||
2 | identification, and traffic safety and management. In all | ||||||
3 | municipalities and counties, the automated speed | ||||||
4 | enforcement system or automated traffic law ordinance | ||||||
5 | shall require that no additional fee shall be charged to | ||||||
6 | the alleged violator for exercising his or her right to an | ||||||
7 | administrative hearing, and persons shall be given at | ||||||
8 | least 25 days following an administrative hearing to pay | ||||||
9 | any civil penalty imposed by a finding that Section | ||||||
10 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
11 | local ordinance has been violated. The original or a
| ||||||
12 | facsimile of the violation notice or, in the case of a | ||||||
13 | notice produced by a
computerized device, a printed record | ||||||
14 | generated by the device showing the facts
entered on the | ||||||
15 | notice, shall be retained by the
traffic compliance
| ||||||
16 | administrator, and shall be a record kept in the ordinary | ||||||
17 | course of
business. A parking, standing, compliance, | ||||||
18 | automated speed enforcement system, or automated traffic | ||||||
19 | law violation notice issued,
signed , and served in
| ||||||
20 | accordance with this Section, a copy of the notice, or the | ||||||
21 | computer-generated computer
generated record shall be | ||||||
22 | prima facie
correct and shall be prima facie evidence of | ||||||
23 | the correctness of the facts
shown on the notice. The | ||||||
24 | notice, copy, or computer-generated computer generated
| ||||||
25 | record shall be admissible in any
subsequent | ||||||
26 | administrative or legal proceedings.
|
| |||||||
| |||||||
1 | (4) An opportunity for a hearing for the registered | ||||||
2 | owner of the
vehicle cited in the parking, standing, | ||||||
3 | compliance, automated speed enforcement system, or | ||||||
4 | automated traffic law violation notice in
which the owner | ||||||
5 | may
contest the merits of the alleged violation, and | ||||||
6 | during which formal or
technical rules of evidence shall | ||||||
7 | not apply; provided, however, that under
Section 11-1306 | ||||||
8 | of this Code the lessee of a vehicle cited in the
violation | ||||||
9 | notice likewise shall be provided an opportunity for a | ||||||
10 | hearing of
the same kind afforded the registered owner. | ||||||
11 | The hearings shall be
recorded, and the person conducting | ||||||
12 | the hearing on behalf of the traffic
compliance
| ||||||
13 | administrator shall be empowered to administer oaths and | ||||||
14 | to secure by
subpoena both the attendance and testimony of | ||||||
15 | witnesses and the production
of relevant books and papers. | ||||||
16 | Persons appearing at a hearing under this
Section may be | ||||||
17 | represented by counsel at their expense. The ordinance may
| ||||||
18 | also provide for internal administrative review following | ||||||
19 | the decision of
the hearing officer.
| ||||||
20 | (5) Service of additional notices, sent by first class | ||||||
21 | United States
mail, postage prepaid, to the address of the | ||||||
22 | registered owner of the cited
vehicle as recorded with the | ||||||
23 | Secretary of State or, if any notice to that address is | ||||||
24 | returned as undeliverable, to the last known address | ||||||
25 | recorded in a United States Post Office approved database,
| ||||||
26 | or, under Section 11-1306
or subsection (p) of Section |
| |||||||
| |||||||
1 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
2 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
3 | at the last address known
to the lessor of the cited | ||||||
4 | vehicle at the time of lease or, if any notice to that | ||||||
5 | address is returned as undeliverable, to the last known | ||||||
6 | address recorded in a United States Post Office approved | ||||||
7 | database.
The service shall
be deemed complete as of the | ||||||
8 | date of deposit in the United States mail.
The notices | ||||||
9 | shall be in the following sequence and shall include , but | ||||||
10 | not be
limited to , the information specified herein:
| ||||||
11 | (i) A second notice of parking, standing, or | ||||||
12 | compliance violation if the first notice of the | ||||||
13 | violation was issued by affixing the original or a | ||||||
14 | facsimile of the notice to the unlawfully parked | ||||||
15 | vehicle or by handing the notice to the operator. This | ||||||
16 | notice shall specify or include the
date and location | ||||||
17 | of the violation cited in the parking,
standing,
or | ||||||
18 | compliance violation
notice, the particular regulation | ||||||
19 | violated, the vehicle
make or a photograph of the | ||||||
20 | vehicle, the state registration number of the vehicle, | ||||||
21 | any requirement to complete a traffic education | ||||||
22 | program, the fine and any penalty that may be
assessed | ||||||
23 | for late payment or failure to complete a traffic | ||||||
24 | education program, or both, when so provided by | ||||||
25 | ordinance, the availability
of a hearing in which the | ||||||
26 | violation may be contested on its merits, and the
time |
| |||||||
| |||||||
1 | and manner in which the hearing may be had. The notice | ||||||
2 | of violation
shall also state that failure to complete | ||||||
3 | a required traffic education program, to pay the | ||||||
4 | indicated fine and any
applicable penalty, or to | ||||||
5 | appear at a hearing on the merits in the time and
| ||||||
6 | manner specified, will result in a final determination | ||||||
7 | of violation
liability for the cited violation in the | ||||||
8 | amount of the fine or penalty
indicated, and that, | ||||||
9 | upon the occurrence of a final determination of | ||||||
10 | violation liability for the failure, and the | ||||||
11 | exhaustion of, or
failure to exhaust, available | ||||||
12 | administrative or judicial procedures for
review, any | ||||||
13 | incomplete traffic education program or any unpaid | ||||||
14 | fine or penalty, or both, will constitute a debt due | ||||||
15 | and owing
the municipality or county.
| ||||||
16 | (ii) A notice of final determination of parking, | ||||||
17 | standing,
compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation liability.
| ||||||
19 | This notice shall be sent following a final | ||||||
20 | determination of parking,
standing, compliance, | ||||||
21 | automated speed enforcement system, or automated | ||||||
22 | traffic law
violation liability and the conclusion of | ||||||
23 | judicial review procedures taken
under this Section. | ||||||
24 | The notice shall state that the incomplete traffic | ||||||
25 | education program or the unpaid fine or
penalty, or | ||||||
26 | both, is a debt due and owing the municipality or |
| |||||||
| |||||||
1 | county. The notice shall contain
warnings that failure | ||||||
2 | to complete any required traffic education program or | ||||||
3 | to pay any fine or penalty due and owing the
| ||||||
4 | municipality or county, or both, within the time | ||||||
5 | specified may result in the municipality's
or county's | ||||||
6 | filing of a petition in the Circuit Court to have the | ||||||
7 | incomplete traffic education program or unpaid
fine or | ||||||
8 | penalty, or both, rendered a judgment as provided by | ||||||
9 | this Section, or, where applicable, may
result in | ||||||
10 | suspension of the person's driver's drivers license | ||||||
11 | for failure to complete a traffic education program or | ||||||
12 | to pay
fines or penalties, or both, for 5 or more | ||||||
13 | automated traffic law violations under Section | ||||||
14 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
15 | system violations under Section 11-208.8.
| ||||||
16 | (6) A notice of impending driver's drivers license | ||||||
17 | suspension. This
notice shall be sent to the person liable | ||||||
18 | for failure to complete a required traffic education | ||||||
19 | program or to pay any fine or penalty that
remains due and | ||||||
20 | owing, or both, on 5 or more unpaid automated speed | ||||||
21 | enforcement system or automated traffic law violations. | ||||||
22 | The notice
shall state that failure to complete a required | ||||||
23 | traffic education program or to pay the fine or penalty | ||||||
24 | owing, or both, within 45 days of
the notice's date will | ||||||
25 | result in the municipality or county notifying the | ||||||
26 | Secretary
of State that the person is eligible for |
| |||||||
| |||||||
1 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
2 | of this Code. The notice shall also state
that the person | ||||||
3 | may obtain a photostatic copy of an original ticket | ||||||
4 | imposing a
fine or penalty by sending a self-addressed | ||||||
5 | self addressed , stamped envelope to the
municipality or | ||||||
6 | county along with a request for the photostatic copy.
The | ||||||
7 | notice of impending driver's
drivers license suspension | ||||||
8 | shall be sent by first class United States mail,
postage | ||||||
9 | prepaid, to the address recorded with the Secretary of | ||||||
10 | State or, if any notice to that address is returned as | ||||||
11 | undeliverable, to the last known address recorded in a | ||||||
12 | United States Post Office approved database.
| ||||||
13 | (7) Final determinations of violation liability. A | ||||||
14 | final
determination of violation liability shall occur | ||||||
15 | following failure to complete the required traffic | ||||||
16 | education program or
to pay the fine or penalty, or both, | ||||||
17 | after a hearing officer's determination of violation | ||||||
18 | liability and the exhaustion of or failure to exhaust any
| ||||||
19 | administrative review procedures provided by ordinance. | ||||||
20 | Where a person
fails to appear at a hearing to contest the | ||||||
21 | alleged violation in the time
and manner specified in a | ||||||
22 | prior mailed notice, the hearing officer's
determination | ||||||
23 | of violation liability shall become final: (A) upon
denial | ||||||
24 | of a timely petition to set aside that determination, or | ||||||
25 | (B) upon
expiration of the period for filing the petition | ||||||
26 | without a
filing having been made.
|
| |||||||
| |||||||
1 | (8) A petition to set aside a determination of | ||||||
2 | parking, standing,
compliance, automated speed enforcement | ||||||
3 | system, or automated traffic law violation
liability that | ||||||
4 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
5 | petition to set aside a determination of liability may | ||||||
6 | also be filed by a person required to complete a traffic | ||||||
7 | education program.
The petition shall be filed with and | ||||||
8 | ruled upon by the traffic compliance
administrator in the | ||||||
9 | manner and within the time specified by ordinance.
The | ||||||
10 | grounds for the petition may be limited to: (A) the person | ||||||
11 | not having
been the owner or lessee of the cited vehicle on | ||||||
12 | the date the
violation notice was issued, (B) the person | ||||||
13 | having already completed the required traffic education | ||||||
14 | program or paid the fine or
penalty, or both, for the | ||||||
15 | violation in question, and (C) excusable failure to
appear | ||||||
16 | at or
request a new date for a hearing.
With regard to | ||||||
17 | municipalities or counties with a population of 1 million | ||||||
18 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
19 | violation if the state registration number or vehicle | ||||||
20 | make, only if specified in the violation notice, is
| ||||||
21 | incorrect. After the determination of
parking, standing, | ||||||
22 | compliance, automated speed enforcement system, or | ||||||
23 | automated traffic law violation liability has been set | ||||||
24 | aside
upon a showing of just
cause, the registered owner | ||||||
25 | shall be provided with a hearing on the merits
for that | ||||||
26 | violation.
|
| |||||||
| |||||||
1 | (9) Procedures for non-residents. Procedures by which | ||||||
2 | persons who are
not residents of the municipality or | ||||||
3 | county may contest the merits of the alleged
violation | ||||||
4 | without attending a hearing.
| ||||||
5 | (10) A schedule of civil fines for violations of | ||||||
6 | vehicular standing,
parking, compliance, automated speed | ||||||
7 | enforcement system, or automated traffic law regulations | ||||||
8 | enacted by ordinance pursuant to this
Section, and a
| ||||||
9 | schedule of penalties for late payment of the fines or | ||||||
10 | failure to complete required traffic education programs, | ||||||
11 | provided, however,
that the total amount of the fine and | ||||||
12 | penalty for any one violation shall
not exceed $250, | ||||||
13 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
14 | of this Code.
| ||||||
15 | (11) Other provisions as are necessary and proper to | ||||||
16 | carry into
effect the powers granted and purposes stated | ||||||
17 | in this Section.
| ||||||
18 | (c) Any municipality or county establishing vehicular | ||||||
19 | standing, parking,
compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law
regulations under this | ||||||
21 | Section may also provide by ordinance for a
program of vehicle | ||||||
22 | immobilization for the purpose of facilitating
enforcement of | ||||||
23 | those regulations. The program of vehicle
immobilization shall | ||||||
24 | provide for immobilizing any eligible vehicle upon the
public | ||||||
25 | way by presence of a restraint in a manner to prevent operation | ||||||
26 | of
the vehicle. Any ordinance establishing a program of |
| |||||||
| |||||||
1 | vehicle
immobilization under this Section shall provide:
| ||||||
2 | (1) Criteria for the designation of vehicles eligible | ||||||
3 | for
immobilization. A vehicle shall be eligible for | ||||||
4 | immobilization when the
registered owner of the vehicle | ||||||
5 | has accumulated the number of incomplete traffic education | ||||||
6 | programs or unpaid final
determinations of parking, | ||||||
7 | standing, compliance, automated speed enforcement system, | ||||||
8 | or automated traffic law violation liability, or both, as
| ||||||
9 | determined by ordinance.
| ||||||
10 | (2) A notice of impending vehicle immobilization and a | ||||||
11 | right to a
hearing to challenge the validity of the notice | ||||||
12 | by disproving liability
for the incomplete traffic | ||||||
13 | education programs or unpaid final determinations of | ||||||
14 | parking, standing, compliance, automated speed enforcement | ||||||
15 | system, or automated traffic law
violation liability, or | ||||||
16 | both, listed
on the notice.
| ||||||
17 | (3) The right to a prompt hearing after a vehicle has | ||||||
18 | been immobilized
or subsequently towed without the | ||||||
19 | completion of the required traffic education program or | ||||||
20 | payment of the outstanding fines and
penalties on parking, | ||||||
21 | standing, compliance, automated speed enforcement system, | ||||||
22 | or automated traffic law violations, or both, for which | ||||||
23 | final
determinations have been
issued. An order issued | ||||||
24 | after the hearing is a final administrative
decision | ||||||
25 | within the meaning of Section 3-101 of the Code of Civil | ||||||
26 | Procedure.
|
| |||||||
| |||||||
1 | (4) A post immobilization and post-towing notice | ||||||
2 | advising the registered
owner of the vehicle of the right | ||||||
3 | to a hearing to challenge the validity
of the impoundment.
| ||||||
4 | (d) Judicial review of final determinations of parking, | ||||||
5 | standing,
compliance, automated speed enforcement system, or | ||||||
6 | automated traffic law
violations and final administrative | ||||||
7 | decisions issued after hearings
regarding vehicle | ||||||
8 | immobilization and impoundment made
under this Section shall | ||||||
9 | be subject to the provisions of
the Administrative Review Law.
| ||||||
10 | (e) Any fine, penalty, incomplete traffic education | ||||||
11 | program, or part of any fine or any penalty remaining
unpaid | ||||||
12 | after the exhaustion of, or the failure to exhaust, | ||||||
13 | administrative
remedies created under this Section and the | ||||||
14 | conclusion of any judicial
review procedures shall be a debt | ||||||
15 | due and owing the municipality or county and, as
such, may be | ||||||
16 | collected in accordance with applicable law. Completion of any | ||||||
17 | required traffic education program and payment in full
of any | ||||||
18 | fine or penalty resulting from a standing, parking,
| ||||||
19 | compliance, automated speed enforcement system, or automated | ||||||
20 | traffic law violation shall
constitute a final disposition of | ||||||
21 | that violation.
| ||||||
22 | (f) After the expiration of the period within which | ||||||
23 | judicial review may
be sought for a final determination of | ||||||
24 | parking, standing, compliance, automated speed enforcement | ||||||
25 | system, or automated traffic law
violation, the municipality
| ||||||
26 | or county may commence a proceeding in the Circuit Court for |
| |||||||
| |||||||
1 | purposes of obtaining a
judgment on the final determination of | ||||||
2 | violation. Nothing in this
Section shall prevent a | ||||||
3 | municipality or county from consolidating multiple final
| ||||||
4 | determinations of parking, standing, compliance, automated | ||||||
5 | speed enforcement system, or automated traffic law violations | ||||||
6 | against a
person in a proceeding.
Upon commencement of the | ||||||
7 | action, the municipality or county shall file a certified
copy | ||||||
8 | or record of the final determination of parking, standing, | ||||||
9 | compliance, automated speed enforcement system, or automated | ||||||
10 | traffic law
violation, which shall be
accompanied by a | ||||||
11 | certification that recites facts sufficient to show that
the | ||||||
12 | final determination of violation was
issued in accordance with | ||||||
13 | this Section and the applicable municipal
or county ordinance. | ||||||
14 | Service of the summons and a copy of the petition may be by
any | ||||||
15 | method provided by Section 2-203 of the Code of Civil | ||||||
16 | Procedure or by
certified mail, return receipt requested, | ||||||
17 | provided that the total amount of
fines and penalties for | ||||||
18 | final determinations of parking, standing,
compliance, | ||||||
19 | automated speed enforcement system, or automated traffic law | ||||||
20 | violations does not
exceed $2500. If the court is satisfied | ||||||
21 | that the final determination of
parking, standing, compliance, | ||||||
22 | automated speed enforcement system, or automated traffic law | ||||||
23 | violation was entered in accordance with
the requirements of
| ||||||
24 | this Section and the applicable municipal or county ordinance, | ||||||
25 | and that the registered
owner or the lessee, as the case may | ||||||
26 | be, had an opportunity for an
administrative hearing and for |
| |||||||
| |||||||
1 | judicial review as provided in this Section,
the court shall | ||||||
2 | render judgment in favor of the municipality or county and | ||||||
3 | against
the registered owner or the lessee for the amount | ||||||
4 | indicated in the final
determination of parking, standing, | ||||||
5 | compliance, automated speed enforcement system, or automated | ||||||
6 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
7 | same effect and may be enforced in the same manner as other | ||||||
8 | judgments
for the recovery of money.
| ||||||
9 | (g) The fee for participating in a traffic education | ||||||
10 | program under this Section shall not exceed $25. | ||||||
11 | A low-income individual required to complete a traffic | ||||||
12 | education program under this Section who provides proof of | ||||||
13 | eligibility for the federal earned income tax credit under | ||||||
14 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
15 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
16 | Act shall not be required to pay any fee for participating in a | ||||||
17 | required traffic education program. | ||||||
18 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
19 | revised 12-21-20.)
| ||||||
20 | (625 ILCS 5/11-501.9) | ||||||
21 | Sec. 11-501.9. Suspension of driver's license; failure or | ||||||
22 | refusal of validated roadside chemical tests; failure or | ||||||
23 | refusal of field sobriety tests; implied consent. | ||||||
24 | (a) A person who drives or is in actual physical control of | ||||||
25 | a motor vehicle upon the public highways of this State shall be |
| |||||||
| |||||||
1 | deemed to have given consent to (i) validated roadside | ||||||
2 | chemical tests or (ii) standardized field sobriety tests | ||||||
3 | approved by the National Highway Traffic Safety | ||||||
4 | Administration, under subsection (a-5) of Section 11-501.2 of | ||||||
5 | this Code, if detained by a law enforcement officer who has a | ||||||
6 | reasonable suspicion that the person is driving or is in | ||||||
7 | actual physical control of a motor vehicle while impaired by | ||||||
8 | the use of cannabis. The law enforcement officer must have an | ||||||
9 | independent, cannabis-related factual basis giving reasonable | ||||||
10 | suspicion that the person is driving or in actual physical | ||||||
11 | control of a motor vehicle while impaired by the use of | ||||||
12 | cannabis for conducting validated roadside chemical tests or | ||||||
13 | standardized field sobriety tests, which shall be included | ||||||
14 | with the results of the validated roadside chemical tests and | ||||||
15 | field sobriety tests in any report made by the law enforcement | ||||||
16 | officer who requests the test. The person's possession of a | ||||||
17 | registry identification card issued under the Compassionate | ||||||
18 | Use of Medical Cannabis Program Act alone is not a sufficient | ||||||
19 | basis for reasonable suspicion. | ||||||
20 | For purposes of this Section, a law enforcement officer of | ||||||
21 | this State who is investigating a person for an offense under | ||||||
22 | Section 11-501 of this Code may travel into an adjoining state | ||||||
23 | where the person has been transported for medical care to | ||||||
24 | complete an investigation and to request that the person | ||||||
25 | submit to field sobriety tests under this Section. | ||||||
26 | (b) A person who is unconscious, or otherwise in a |
| |||||||
| |||||||
1 | condition rendering the person incapable of refusal, shall be | ||||||
2 | deemed to have withdrawn the consent provided by subsection | ||||||
3 | (a) of this Section. | ||||||
4 | (c) A person requested to submit to validated roadside | ||||||
5 | chemical tests or field sobriety tests, as provided in this | ||||||
6 | Section, shall be warned by the law enforcement officer | ||||||
7 | requesting the field sobriety tests that a refusal to submit | ||||||
8 | to the validated roadside chemical tests or field sobriety | ||||||
9 | tests will result in the suspension of the person's privilege | ||||||
10 | to operate a motor vehicle, as provided in subsection (f) of | ||||||
11 | this Section. The person shall also be warned by the law | ||||||
12 | enforcement officer that if the person submits to validated | ||||||
13 | roadside chemical tests or field sobriety tests as provided in | ||||||
14 | this Section which disclose the person is impaired by the use | ||||||
15 | of cannabis, a suspension of the person's privilege to operate | ||||||
16 | a motor vehicle, as provided in subsection (f) of this | ||||||
17 | Section, will be imposed. | ||||||
18 | (d) The results of validated roadside chemical tests or | ||||||
19 | field sobriety tests administered under this Section shall be | ||||||
20 | admissible in a civil or criminal action or proceeding arising | ||||||
21 | from an arrest for an offense as defined in Section 11-501 of | ||||||
22 | this Code or a similar provision of a local ordinance. These | ||||||
23 | test results shall be admissible only in actions or | ||||||
24 | proceedings directly related to the incident upon which the | ||||||
25 | test request was made. | ||||||
26 | (e) If the person refuses validated roadside chemical |
| |||||||
| |||||||
1 | tests or field sobriety tests or submits to validated roadside | ||||||
2 | chemical tests or field sobriety tests that disclose the | ||||||
3 | person is impaired by the use of cannabis, the law enforcement | ||||||
4 | officer shall immediately submit a sworn report to the circuit | ||||||
5 | court of venue and the Secretary of State certifying that | ||||||
6 | testing was requested under this Section and that the person | ||||||
7 | refused to submit to validated roadside chemical tests or | ||||||
8 | field sobriety tests or submitted to validated roadside | ||||||
9 | chemical tests or field sobriety tests that disclosed the | ||||||
10 | person was impaired by the use of cannabis. The sworn report | ||||||
11 | must include the law enforcement officer's factual basis for | ||||||
12 | reasonable suspicion that the person was impaired by the use | ||||||
13 | of cannabis. | ||||||
14 | (f) Upon receipt of the sworn report of a law enforcement | ||||||
15 | officer submitted under subsection (e) of this Section, the | ||||||
16 | Secretary of State shall enter the suspension to the driving | ||||||
17 | record as follows: | ||||||
18 | (1) for refusal or failure to complete validated | ||||||
19 | roadside chemical tests or field sobriety tests, a | ||||||
20 | 12-month 12 month suspension shall be entered; or | ||||||
21 | (2) for submitting to validated roadside chemical | ||||||
22 | tests or field sobriety tests that disclosed the driver | ||||||
23 | was impaired by the use of cannabis, a 6-month 6 month | ||||||
24 | suspension shall be entered. | ||||||
25 | The Secretary of State shall confirm the suspension by | ||||||
26 | mailing a notice of the effective date of the suspension to the |
| |||||||
| |||||||
1 | person and the court of venue. However, should the sworn | ||||||
2 | report be defective for insufficient information or be | ||||||
3 | completed in error, the confirmation of the suspension shall | ||||||
4 | not be mailed to the person or entered to the record; instead, | ||||||
5 | the sworn report shall be forwarded to the court of venue with | ||||||
6 | a copy returned to the issuing agency identifying the defect. | ||||||
7 | (g) The law enforcement officer submitting the sworn | ||||||
8 | report under subsection (e) of this Section shall serve | ||||||
9 | immediate notice of the suspension on the person and the | ||||||
10 | suspension shall be effective as provided in subsection (h) of | ||||||
11 | this Section. If immediate notice of the suspension cannot be | ||||||
12 | given, the arresting officer or arresting agency shall give | ||||||
13 | notice by deposit in the United States mail of the notice in an | ||||||
14 | envelope with postage prepaid and addressed to the person at | ||||||
15 | his or her address as shown on the Uniform Traffic Ticket and | ||||||
16 | the suspension shall begin as provided in subsection (h) of | ||||||
17 | this Section. The officer shall confiscate any Illinois | ||||||
18 | driver's license or permit on the person at the time of arrest. | ||||||
19 | If the person has a valid driver's license or permit, the | ||||||
20 | officer shall issue the person a receipt, in a form prescribed | ||||||
21 | by the Secretary of State, that will allow the person to drive | ||||||
22 | during the period provided for in subsection (h) of this | ||||||
23 | Section. The officer shall immediately forward the driver's | ||||||
24 | license or permit to the circuit court of venue along with the | ||||||
25 | sworn report under subsection (e) of this Section. | ||||||
26 | (h) The suspension under subsection (f) of this Section |
| |||||||
| |||||||
1 | shall take effect on the 46th day following the date the notice | ||||||
2 | of the suspension was given to the person. | ||||||
3 | (i) When a driving privilege has been suspended under this | ||||||
4 | Section and the person is subsequently convicted of violating | ||||||
5 | Section 11-501 of this Code, or a similar provision of a local | ||||||
6 | ordinance, for the same incident, any period served on | ||||||
7 | suspension under this Section shall be credited toward the | ||||||
8 | minimum period of revocation of driving privileges imposed | ||||||
9 | under Section 6-205 of this Code.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; | ||||||
11 | revised 9-20-19.)
| ||||||
12 | (625 ILCS 5/11-502.1) | ||||||
13 | Sec. 11-502.1. Possession of medical cannabis in a motor | ||||||
14 | vehicle. | ||||||
15 | (a) No driver, who is a medical cannabis cardholder, may | ||||||
16 | use medical cannabis within the passenger area of any motor | ||||||
17 | vehicle upon a highway in this State. | ||||||
18 | (b) No driver, who is a medical cannabis cardholder, a | ||||||
19 | medical cannabis designated caregiver, medical cannabis | ||||||
20 | cultivation center agent, or dispensing organization agent may | ||||||
21 | possess medical cannabis within any area of any motor vehicle | ||||||
22 | upon a highway in this State except in a sealed, odor-proof, | ||||||
23 | and child-resistant medical cannabis container. | ||||||
24 | (c) No passenger, who is a medical cannabis card holder, a | ||||||
25 | medical cannabis designated caregiver, or medical cannabis |
| |||||||
| |||||||
1 | dispensing organization agent may possess medical cannabis | ||||||
2 | within any passenger area of any motor vehicle upon a highway | ||||||
3 | in this State except in a sealed, odor-proof, and | ||||||
4 | child-resistant medical cannabis container. | ||||||
5 | (d) Any person who violates subsections (a) through (c) of | ||||||
6 | this Section: | ||||||
7 | (1) commits a Class A misdemeanor; | ||||||
8 | (2) shall be subject to revocation of his or her | ||||||
9 | medical cannabis card for a period of 2 years from the end | ||||||
10 | of the sentence imposed; | ||||||
11 | (3) (4) shall be subject to revocation of his or her | ||||||
12 | status as a medical cannabis caregiver, medical cannabis | ||||||
13 | cultivation center agent, or medical cannabis dispensing | ||||||
14 | organization agent for a period of 2 years from the end of | ||||||
15 | the sentence imposed.
| ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
| ||||||
17 | (625 ILCS 5/11-704) (from Ch. 95 1/2, par. 11-704)
| ||||||
18 | Sec. 11-704. When overtaking on the right is permitted. | ||||||
19 | (a) The driver of a vehicle with 3 or more wheels may | ||||||
20 | overtake and pass
upon the right of another vehicle only under | ||||||
21 | the following conditions:
| ||||||
22 | 1. When the vehicle overtaken is making or about to | ||||||
23 | make a left turn . ;
| ||||||
24 | 2. Upon a roadway with unobstructed pavement of | ||||||
25 | sufficient width for 2
two or more lines of vehicles |
| |||||||
| |||||||
1 | moving lawfully in the direction being
traveled by the | ||||||
2 | overtaking vehicle.
| ||||||
3 | 3. Upon a one-way street, or upon any roadway on which | ||||||
4 | traffic is
restricted to one direction of movement, where | ||||||
5 | the roadway is free from
obstructions and of sufficient | ||||||
6 | width for 2 or more lines of moving
vehicles.
| ||||||
7 | (b) The driver of a 2-wheeled 2 wheeled vehicle may not | ||||||
8 | pass upon the right of any
other vehicle proceeding in the same | ||||||
9 | direction unless the unobstructed
pavement to the right of the | ||||||
10 | vehicle being passed is of a width of not less
than 8 feet. | ||||||
11 | This subsection does not apply to devices propelled by human | ||||||
12 | power.
| ||||||
13 | (c) The driver of a vehicle may overtake and pass another | ||||||
14 | vehicle upon
the right only under conditions permitting such | ||||||
15 | movement in safety. Such
movement shall not be made by driving | ||||||
16 | off the roadway.
| ||||||
17 | (Source: P.A. 98-485, eff. 1-1-14; revised 8-18-20.)
| ||||||
18 | (625 ILCS 5/11-1006) (from Ch. 95 1/2, par. 11-1006)
| ||||||
19 | Sec. 11-1006. Pedestrians soliciting rides or business.
| ||||||
20 | (a) No person shall stand in a roadway for the purpose of | ||||||
21 | soliciting a ride
from the driver of any vehicle.
| ||||||
22 | (b) No person shall stand on a highway for the purpose of | ||||||
23 | soliciting
employment or business from the occupant of any | ||||||
24 | vehicle.
| ||||||
25 | (c) No person shall stand on a highway for the purpose of |
| |||||||
| |||||||
1 | soliciting
contributions from the occupant of any vehicle | ||||||
2 | except within a municipality
when expressly permitted by | ||||||
3 | municipal ordinance. The local municipality, city,
village, or | ||||||
4 | other local governmental entity in which the solicitation | ||||||
5 | takes
place shall determine by ordinance where and when | ||||||
6 | solicitations may take place
based on the safety of the | ||||||
7 | solicitors and the safety of motorists. The
decision shall | ||||||
8 | also take into account the orderly flow of traffic and may not
| ||||||
9 | allow interference with the operation of official traffic | ||||||
10 | control devices. The
soliciting agency shall be:
| ||||||
11 | 1. registered with the Attorney General as a | ||||||
12 | charitable organization as
provided by the Solicitation | ||||||
13 | for Charity Act "An Act to regulate solicitation and | ||||||
14 | collection of funds for
charitable purposes, providing for | ||||||
15 | violations thereof, and making an
appropriation therefor", | ||||||
16 | approved July 26, 1963, as amended ;
| ||||||
17 | 2. engaged in a Statewide fundraising fund raising | ||||||
18 | activity; and
| ||||||
19 | 3. liable for any injuries to any person or property | ||||||
20 | during the
solicitation which is causally related to an | ||||||
21 | act of ordinary negligence of the
soliciting
agent.
| ||||||
22 | Any person engaged in the act of solicitation shall be 16 | ||||||
23 | years of age
or more and shall be wearing a high-visibility | ||||||
24 | high visibility vest.
| ||||||
25 | (d) No person shall stand on or in the proximity of a | ||||||
26 | highway for the
purpose of soliciting the watching or guarding |
| |||||||
| |||||||
1 | of any vehicle while parked
or about to be parked on a highway.
| ||||||
2 | (e) Every person who is convicted of a violation of this | ||||||
3 | Section shall
be guilty of a Class A misdemeanor.
| ||||||
4 | (Source: P.A. 88-589, eff. 8-14-94; revised 8-18-20.)
| ||||||
5 | (625 ILCS 5/11-1412.3) | ||||||
6 | Sec. 11-1412.3. Ownership and operation of a mobile | ||||||
7 | carrying device. | ||||||
8 | (a) A mobile carrying device may be operated on a sidewalk | ||||||
9 | or crosswalk so long as all of the following requirements are | ||||||
10 | met: | ||||||
11 | (1) the mobile carrying device is operated in | ||||||
12 | accordance with the local ordinances, if any, established | ||||||
13 | by the local authority governing where the mobile carrying | ||||||
14 | device is operated; | ||||||
15 | (2) a personal property owner is actively monitoring | ||||||
16 | the operation and navigation of the mobile carrying | ||||||
17 | device; and | ||||||
18 | (3) the mobile carrying device is equipped with a | ||||||
19 | braking system that enables the mobile carrying device to | ||||||
20 | perform a controlled stop. | ||||||
21 | (b) A mobile carrying device operator may not do any of
the | ||||||
22 | following: | ||||||
23 | (1) fail to comply with traffic or pedestrian control | ||||||
24 | devices and signals; | ||||||
25 | (2) unreasonably interfere with pedestrians or |
| |||||||
| |||||||
1 | traffic; | ||||||
2 | (3) transport a person; or | ||||||
3 | (4) operate on a street or highway, except when | ||||||
4 | crossing the street or highway within a crosswalk. | ||||||
5 | (c) A mobile carrying device operator has the rights and | ||||||
6 | obligations applicable to a pedestrian under the same | ||||||
7 | circumstances, and shall ensure that a mobile carrying device | ||||||
8 | shall yield the right-of-way to a pedestrian on a sidewalk or | ||||||
9 | within a crosswalk. | ||||||
10 | (d) A personal property owner may not utilize a mobile | ||||||
11 | carrying device to transport hazardous materials. | ||||||
12 | (e) A personal property owner may not utilize a mobile
| ||||||
13 | carrying device unless the person complies with this Section. | ||||||
14 | (f) A mobile carrying device operator that who is not a | ||||||
15 | natural person shall register with the Secretary of State. | ||||||
16 | (g) No contract seeking to exempt a mobile carrying device | ||||||
17 | operator from liability for injury, loss, or death caused by a | ||||||
18 | mobile carrying device shall be valid, and contractual | ||||||
19 | provisions limiting the choice of venue or forum, shortening | ||||||
20 | the statute of limitations, shifting the risk to the user, | ||||||
21 | limiting the availability of class actions, or obtaining | ||||||
22 | judicial remedies shall be invalid and unenforceable. | ||||||
23 | (h) A violation of this Section is a petty offense.
| ||||||
24 | (Source: P.A. 101-123, eff. 7-26-19; revised 9-24-19.)
| ||||||
25 | (625 ILCS 5/12-610.2)
|
| |||||||
| |||||||
1 | Sec. 12-610.2. Electronic communication devices. | ||||||
2 | (a) As used in this Section: | ||||||
3 | "Electronic communication device" means an electronic | ||||||
4 | device, including, but not limited to, a hand-held wireless | ||||||
5 | telephone, hand-held personal digital assistant, or a portable | ||||||
6 | or mobile computer, but does not include a global positioning | ||||||
7 | system or navigation system or a device that is physically or | ||||||
8 | electronically integrated into the motor vehicle. | ||||||
9 | (b) A person may not operate a motor vehicle on a roadway | ||||||
10 | while using an electronic communication device, including | ||||||
11 | using an electronic communication device to watch or stream | ||||||
12 | video. | ||||||
13 | (b-5) A person commits aggravated use of an electronic | ||||||
14 | communication device when he or she violates subsection (b) | ||||||
15 | and in committing the violation he or she is involved in a | ||||||
16 | motor vehicle accident that results in great bodily harm, | ||||||
17 | permanent disability, disfigurement, or death to another and | ||||||
18 | the violation is a proximate cause of the injury or death. | ||||||
19 | (c) A violation of this Section is an offense against | ||||||
20 | traffic regulations governing the movement of vehicles. A | ||||||
21 | person who violates this Section shall be fined a maximum of | ||||||
22 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
23 | third offense, and $150 for a fourth or subsequent offense, | ||||||
24 | except that a person who violates subsection (b-5) shall be | ||||||
25 | assessed a minimum fine of $1,000. | ||||||
26 | (d) This Section does not apply to: |
| |||||||
| |||||||
1 | (1) a law enforcement officer or operator of an | ||||||
2 | emergency vehicle while performing his or her official | ||||||
3 | duties; | ||||||
4 | (1.5) a first responder, including a volunteer first | ||||||
5 | responder, while operating his or her own personal motor | ||||||
6 | vehicle using an electronic communication device for the | ||||||
7 | sole purpose of receiving information about an emergency | ||||||
8 | situation while en route to performing his or her official | ||||||
9 | duties; | ||||||
10 | (2) a driver using an electronic communication device | ||||||
11 | for the sole purpose of reporting an emergency situation | ||||||
12 | and continued communication with emergency personnel | ||||||
13 | during the emergency situation; | ||||||
14 | (3) a driver using an electronic communication device | ||||||
15 | in hands-free or voice-operated mode, which may include | ||||||
16 | the use of a headset; | ||||||
17 | (4) a driver of a commercial motor vehicle reading a | ||||||
18 | message displayed on a permanently installed communication | ||||||
19 | device designed for a commercial motor vehicle with a | ||||||
20 | screen that does not exceed 10 inches tall by 10 inches | ||||||
21 | wide in size; | ||||||
22 | (5) a driver using an electronic communication device | ||||||
23 | while parked on the shoulder of a roadway; | ||||||
24 | (6) a driver using an electronic communication device | ||||||
25 | when the vehicle is stopped due to normal traffic being | ||||||
26 | obstructed and the driver has the motor vehicle |
| |||||||
| |||||||
1 | transmission in neutral or park;
| ||||||
2 | (7) a driver using two-way or citizens band radio | ||||||
3 | services; | ||||||
4 | (8) a driver using two-way mobile radio transmitters | ||||||
5 | or receivers for licensees of the Federal Communications | ||||||
6 | Commission in the amateur radio service; | ||||||
7 | (9) a driver using an electronic communication device | ||||||
8 | by pressing a single button to initiate or terminate a | ||||||
9 | voice communication; or | ||||||
10 | (10) a driver using an electronic communication device | ||||||
11 | capable of performing multiple functions, other than a | ||||||
12 | hand-held wireless telephone or hand-held personal digital | ||||||
13 | assistant (for example, a fleet management system, | ||||||
14 | dispatching device, citizens band radio, or music player) | ||||||
15 | for a purpose that is not otherwise prohibited by this | ||||||
16 | Section. | ||||||
17 | (e) A person convicted of violating subsection (b-5) | ||||||
18 | commits a Class A misdemeanor if the violation resulted in | ||||||
19 | great bodily harm, permanent disability, or disfigurement to | ||||||
20 | another. A person convicted of violating subsection (b-5) | ||||||
21 | commits a Class 4 felony if the violation resulted in the death | ||||||
22 | of another person. | ||||||
23 | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | ||||||
24 | 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff. | ||||||
25 | 1-1-20; revised 8-4-20.)
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| |||||||
1 | Section 700. The Clerks of Courts Act is amended by | ||||||
2 | changing Section 27.1b as follows:
| ||||||
3 | (705 ILCS 105/27.1b) | ||||||
4 | (Section scheduled to be repealed on January 1, 2022) | ||||||
5 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||||||
6 | other provision of law, all fees charged by the clerks of the | ||||||
7 | circuit court for the services described in this Section shall | ||||||
8 | be established, collected, and disbursed in accordance with | ||||||
9 | this Section. Except as otherwise specified in this Section, | ||||||
10 | all fees under this Section shall be paid in advance and | ||||||
11 | disbursed by each clerk on a monthly basis. In a county with a | ||||||
12 | population of over 3,000,000, units of local government and | ||||||
13 | school districts shall not be required to pay fees under this | ||||||
14 | Section in advance and the clerk shall instead send an | ||||||
15 | itemized bill to the unit of local government or school | ||||||
16 | district, within 30 days of the fee being incurred, and the | ||||||
17 | unit of local government or school district shall be allowed | ||||||
18 | at least 30 days from the date of the itemized bill to pay; | ||||||
19 | these payments shall be disbursed by each clerk on a monthly | ||||||
20 | basis. Unless otherwise specified in this Section, the amount | ||||||
21 | of a fee shall be determined by ordinance or resolution of the | ||||||
22 | county board and remitted to the county treasurer to be used | ||||||
23 | for purposes related to the operation of the court system in | ||||||
24 | the county. In a county with a population of over 3,000,000, | ||||||
25 | any amount retained by the clerk of the circuit court or |
| |||||||
| |||||||
1 | remitted to the county treasurer shall be subject to | ||||||
2 | appropriation by the county board. | ||||||
3 | (a) Civil cases. The fee for filing a complaint, petition, | ||||||
4 | or other pleading initiating a civil action shall be as set | ||||||
5 | forth in the applicable schedule under this subsection in | ||||||
6 | accordance with case categories established by the Supreme | ||||||
7 | Court in schedules. | ||||||
8 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
9 | county with a population of 3,000,000 or more and not to | ||||||
10 | exceed $316 in any other county, except as applied to | ||||||
11 | units of local government and school districts in counties | ||||||
12 | with more than 3,000,000 inhabitants an amount not to | ||||||
13 | exceed $190 through December 31, 2021 and $184 on and | ||||||
14 | after January 1, 2022. The fees collected under this | ||||||
15 | schedule shall be disbursed as follows: | ||||||
16 | (A) The clerk shall retain a sum, in an amount not | ||||||
17 | to exceed $55 in a county with a population of | ||||||
18 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
19 | any other county determined by the clerk with the | ||||||
20 | approval of the Supreme Court, to be used for court | ||||||
21 | automation, court document storage, and administrative | ||||||
22 | purposes. | ||||||
23 | (B) The clerk shall remit up to $21 to the State | ||||||
24 | Treasurer. The State Treasurer shall deposit the | ||||||
25 | appropriate amounts, in accordance with the clerk's | ||||||
26 | instructions, as follows: |
| |||||||
| |||||||
1 | (i) up to $10, as specified by the Supreme | ||||||
2 | Court in accordance with Part 10A of Article II of | ||||||
3 | the Code of Civil Procedure, into the Mandatory | ||||||
4 | Arbitration Fund; | ||||||
5 | (ii) $2 into the Access to Justice Fund; and | ||||||
6 | (iii) $9 into the Supreme Court Special | ||||||
7 | Purposes Fund. | ||||||
8 | (C) The clerk shall remit a sum to the County | ||||||
9 | Treasurer, in an amount not to exceed $290 in a county | ||||||
10 | with a population of 3,000,000 or more and in an amount | ||||||
11 | not to exceed $250 in any other county, as specified by | ||||||
12 | ordinance or resolution passed by the county board, | ||||||
13 | for purposes related to the operation of the court | ||||||
14 | system in the county. | ||||||
15 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
16 | county with a population of 3,000,000 or more and not to | ||||||
17 | exceed $266 in any other county, except as applied to | ||||||
18 | units of local government and school districts in counties | ||||||
19 | with more than 3,000,000 inhabitants an amount not to | ||||||
20 | exceed $190 through December 31, 2021 and $184 on and | ||||||
21 | after January 1, 2022. The fees collected under this | ||||||
22 | schedule shall be disbursed as follows: | ||||||
23 | (A) The clerk shall retain a sum, in an amount not | ||||||
24 | to exceed $55 in a county with a population of | ||||||
25 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
26 | any other county determined by the clerk with the |
| |||||||
| |||||||
1 | approval of the Supreme Court, to be used for court | ||||||
2 | automation, court document storage, and administrative | ||||||
3 | purposes. | ||||||
4 | (B) The clerk shall remit up to $21 to the State | ||||||
5 | Treasurer. The State Treasurer shall deposit the | ||||||
6 | appropriate amounts, in accordance with the clerk's | ||||||
7 | instructions, as follows: | ||||||
8 | (i) up to $10, as specified by the Supreme | ||||||
9 | Court in accordance with Part 10A of Article II of | ||||||
10 | the Code of Civil Procedure, into the Mandatory | ||||||
11 | Arbitration Fund; | ||||||
12 | (ii) $2 into the Access to Justice Fund: and | ||||||
13 | (iii) $9 into the Supreme Court Special | ||||||
14 | Purposes Fund. | ||||||
15 | (C) The clerk shall remit a sum to the County | ||||||
16 | Treasurer, in an amount not to exceed $281 in a county | ||||||
17 | with a population of 3,000,000 or more and in an amount | ||||||
18 | not to exceed $200 in any other county, as specified by | ||||||
19 | ordinance or resolution passed by the county board, | ||||||
20 | for purposes related to the operation of the court | ||||||
21 | system in the county. | ||||||
22 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
23 | county with a population of 3,000,000 or more and not to | ||||||
24 | exceed $89 in any other county, except as applied to units | ||||||
25 | of local government and school districts in counties with | ||||||
26 | more than 3,000,000 inhabitants an amount not to exceed |
| |||||||
| |||||||
1 | $190 through December 31, 2021 and $184 on and after | ||||||
2 | January 1, 2022. The fees collected under this schedule | ||||||
3 | shall be disbursed as follows: | ||||||
4 | (A) The clerk shall retain a sum, in an amount not | ||||||
5 | to exceed $55 in a county with a population of | ||||||
6 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
7 | any other county determined by the clerk with the | ||||||
8 | approval of the Supreme Court, to be used for court | ||||||
9 | automation, court document storage, and administrative | ||||||
10 | purposes. | ||||||
11 | (B) The clerk shall remit $11 to the State | ||||||
12 | Treasurer. The State Treasurer shall deposit the | ||||||
13 | appropriate amounts in accordance with the clerk's | ||||||
14 | instructions, as follows: | ||||||
15 | (i) $2 into the Access to Justice Fund; and | ||||||
16 | (ii) $9 into the Supreme Court Special | ||||||
17 | Purposes Fund. | ||||||
18 | (C) The clerk shall remit a sum to the County | ||||||
19 | Treasurer, in an amount not to exceed $199 in a county | ||||||
20 | with a population of 3,000,000 or more and in an amount | ||||||
21 | not to exceed $56 in any other county, as specified by | ||||||
22 | ordinance or resolution passed by the county board, | ||||||
23 | for purposes related to the operation of the court | ||||||
24 | system in the county. | ||||||
25 | (4) SCHEDULE 4: $0. | ||||||
26 | (b) Appearance. The fee for filing an appearance in a |
| |||||||
| |||||||
1 | civil action, including a cannabis civil law action under the | ||||||
2 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
3 | schedule under this subsection in accordance with case | ||||||
4 | categories established by the Supreme Court in schedules. | ||||||
5 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
6 | county with a population of 3,000,000 or more and not to | ||||||
7 | exceed $191 in any other county, except as applied to | ||||||
8 | units of local government and school districts in counties | ||||||
9 | with more than 3,000,000 inhabitants an amount not to | ||||||
10 | exceed $75. The fees collected under this schedule shall | ||||||
11 | be disbursed as follows: | ||||||
12 | (A) The clerk shall retain a sum, in an amount not | ||||||
13 | to exceed $50 in a county with a population of | ||||||
14 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
15 | any other county determined by the clerk with the | ||||||
16 | approval of the Supreme Court, to be used for court | ||||||
17 | automation, court document storage, and administrative | ||||||
18 | purposes. | ||||||
19 | (B) The clerk shall remit up to $21 to the State | ||||||
20 | Treasurer. The State Treasurer shall deposit the | ||||||
21 | appropriate amounts, in accordance with the clerk's | ||||||
22 | instructions, as follows: | ||||||
23 | (i) up to $10, as specified by the Supreme | ||||||
24 | Court in accordance with Part 10A of Article II of | ||||||
25 | the Code of Civil Procedure, into the Mandatory | ||||||
26 | Arbitration Fund; |
| |||||||
| |||||||
1 | (ii) $2 into the Access to Justice Fund; and | ||||||
2 | (iii) $9 into the Supreme Court Special | ||||||
3 | Purposes Fund. | ||||||
4 | (C) The clerk shall remit a sum to the County | ||||||
5 | Treasurer, in an amount not to exceed $159 in a county | ||||||
6 | with a population of 3,000,000 or more and in an amount | ||||||
7 | not to exceed $125 in any other county, as specified by | ||||||
8 | ordinance or resolution passed by the county board, | ||||||
9 | for purposes related to the operation of the court | ||||||
10 | system in the county. | ||||||
11 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
12 | county with a population of 3,000,000 or more and not to | ||||||
13 | exceed $109 in any other county, except as applied to | ||||||
14 | units of local government and school districts in counties | ||||||
15 | with more than 3,000,000 inhabitants an amount not to | ||||||
16 | exceed $75. The fees collected under this schedule shall | ||||||
17 | be disbursed as follows: | ||||||
18 | (A) The clerk shall retain a sum, in an amount not | ||||||
19 | to exceed $50 in a county with a population of | ||||||
20 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
21 | any other county determined by the clerk with the | ||||||
22 | approval of the Supreme Court, to be used for court | ||||||
23 | automation, court document storage, and administrative | ||||||
24 | purposes. | ||||||
25 | (B) The clerk shall remit $9 to the State | ||||||
26 | Treasurer, which the State Treasurer shall deposit |
| |||||||
| |||||||
1 | into the Supreme Court Special Purpose Fund. | ||||||
2 | (C) The clerk shall remit a sum to the County | ||||||
3 | Treasurer, in an amount not to exceed $71 in a county | ||||||
4 | with a population of 3,000,000 or more and in an amount | ||||||
5 | not to exceed $90 in any other county, as specified by | ||||||
6 | ordinance or resolution passed by the county board, | ||||||
7 | for purposes related to the operation of the court | ||||||
8 | system in the county. | ||||||
9 | (3) SCHEDULE 3: $0. | ||||||
10 | (b-5) Kane County and Will County. In Kane County and Will | ||||||
11 | County civil cases, there is an additional fee of up to $30 as | ||||||
12 | set by the county board under Section 5-1101.3 of the Counties | ||||||
13 | Code to be paid by each party at the time of filing the first | ||||||
14 | pleading, paper, or other appearance; provided that no | ||||||
15 | additional fee shall be required if more than one party is | ||||||
16 | represented in a single pleading, paper, or other appearance. | ||||||
17 | Distribution of fees collected under this subsection (b-5) | ||||||
18 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
19 | (c) Counterclaim or third party complaint. When any | ||||||
20 | defendant files a counterclaim or third party complaint, as | ||||||
21 | part of the defendant's answer or otherwise, the defendant | ||||||
22 | shall pay a filing fee for each counterclaim or third party | ||||||
23 | complaint in an amount equal to the filing fee the defendant | ||||||
24 | would have had to pay had the defendant brought a separate | ||||||
25 | action for the relief sought in the counterclaim or third | ||||||
26 | party complaint, less the amount of the appearance fee, if |
| |||||||
| |||||||
1 | any, that the defendant has already paid in the action in which | ||||||
2 | the counterclaim or third party complaint is filed. | ||||||
3 | (d) Alias summons. The clerk shall collect a fee not to | ||||||
4 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
5 | and not to exceed $5 in any other county for each alias summons | ||||||
6 | or citation issued by the clerk, except as applied to units of | ||||||
7 | local government and school districts in counties with more | ||||||
8 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
9 | alias summons or citation issued by the clerk. | ||||||
10 | (e) Jury services. The clerk shall collect, in addition to | ||||||
11 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
12 | fee for the services of a jury in every civil action not | ||||||
13 | quasi-criminal in its nature and not a proceeding for the | ||||||
14 | exercise of the right of eminent domain and in every other | ||||||
15 | action wherein the right of trial by jury is or may be given by | ||||||
16 | law. The jury fee shall be paid by the party demanding a jury | ||||||
17 | at the time of filing the jury demand. If the fee is not paid | ||||||
18 | by either party, no jury shall be called in the action or | ||||||
19 | proceeding, and the action or proceeding shall be tried by the | ||||||
20 | court without a jury. | ||||||
21 | (f) Change of venue. In connection with a change of venue: | ||||||
22 | (1) The clerk of the jurisdiction from which the case | ||||||
23 | is transferred may charge a fee, not to exceed $40, for the | ||||||
24 | preparation and certification of the record; and | ||||||
25 | (2) The clerk of the jurisdiction to which the case is | ||||||
26 | transferred may charge the same filing fee as if it were |
| |||||||
| |||||||
1 | the commencement of a new suit. | ||||||
2 | (g) Petition to vacate or modify. | ||||||
3 | (1) In a proceeding involving a petition to vacate or | ||||||
4 | modify any final judgment or order filed within 30 days | ||||||
5 | after the judgment or order was entered, except for an | ||||||
6 | eviction case, small claims case, petition to reopen an | ||||||
7 | estate, petition to modify, terminate, or enforce a | ||||||
8 | judgment or order for child or spousal support, or | ||||||
9 | petition to modify, suspend, or terminate an order for | ||||||
10 | withholding, the fee shall not exceed $60 in a county with | ||||||
11 | a population of 3,000,000 or more and shall not exceed $50 | ||||||
12 | in any other county, except as applied to units of local | ||||||
13 | government and school districts in counties with more than | ||||||
14 | 3,000,000 inhabitants an amount not to exceed $50. | ||||||
15 | (2) In a proceeding involving a petition to vacate or | ||||||
16 | modify any final judgment or order filed more than 30 days | ||||||
17 | after the judgment or order was entered, except for a | ||||||
18 | petition to modify, terminate, or enforce a judgment or | ||||||
19 | order for child or spousal support, or petition to modify, | ||||||
20 | suspend, or terminate an order for withholding, the fee | ||||||
21 | shall not exceed $75. | ||||||
22 | (3) In a proceeding involving a motion to vacate or | ||||||
23 | amend a final order, motion to vacate an ex parte | ||||||
24 | judgment, judgment of forfeiture, or "failure to appear" | ||||||
25 | or "failure to comply" notices sent to the Secretary of | ||||||
26 | State, the fee shall equal $40. |
| |||||||
| |||||||
1 | (h) Appeals preparation. The fee for preparation of a | ||||||
2 | record on appeal shall be based on the number of pages, as | ||||||
3 | follows: | ||||||
4 | (1) if the record contains no more than 100 pages, the | ||||||
5 | fee shall not exceed $70 in a county with a population of | ||||||
6 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
7 | county; | ||||||
8 | (2) if the record contains between 100 and 200 pages, | ||||||
9 | the fee shall not exceed $100; and | ||||||
10 | (3) if the record contains 200 or more pages, the | ||||||
11 | clerk may collect an additional fee not to exceed 25 cents | ||||||
12 | per page. | ||||||
13 | (i) Remands. In any cases remanded to the circuit court | ||||||
14 | from the Supreme Court or the appellate court for a new trial, | ||||||
15 | the clerk shall reinstate the case with either its original | ||||||
16 | number or a new number. The clerk shall not charge any new or | ||||||
17 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
18 | clerk shall advise the parties of the reinstatement. Parties | ||||||
19 | shall have the same right to a jury trial on remand and | ||||||
20 | reinstatement that they had before the appeal, and no | ||||||
21 | additional or new fee or charge shall be made for a jury trial | ||||||
22 | after remand. | ||||||
23 | (j) Garnishment, wage deduction, and citation. In | ||||||
24 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
25 | petition proceedings: | ||||||
26 | (1) if the amount in controversy in the proceeding is |
| |||||||
| |||||||
1 | not more than $1,000, the fee may not exceed $35 in a | ||||||
2 | county with a population of 3,000,000 or more and may not | ||||||
3 | exceed $15 in any other county, except as applied to units | ||||||
4 | of local government and school districts in counties with | ||||||
5 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
6 | $15; | ||||||
7 | (2) if the amount in controversy in the proceeding is | ||||||
8 | greater than $1,000 and not more than $5,000, the fee may | ||||||
9 | not exceed $45 in a county with a population of 3,000,000 | ||||||
10 | or more and may not exceed $30 in any other county, except | ||||||
11 | as applied to units of local government and school | ||||||
12 | districts in counties with more than 3,000,000 inhabitants | ||||||
13 | an amount not to exceed $30; and | ||||||
14 | (3) if the amount in controversy in the proceeding is | ||||||
15 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
16 | with a population of 3,000,000 or more and may not exceed | ||||||
17 | $50 in any other county, except as applied to units of | ||||||
18 | local government and school districts in counties with | ||||||
19 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
20 | $50. | ||||||
21 | (j-5) Debt collection. In any proceeding to collect a debt | ||||||
22 | subject to the exception in item (ii) of subparagraph (A-5) of | ||||||
23 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
24 | court shall order and the clerk shall collect from each | ||||||
25 | judgment debtor a fee of: | ||||||
26 | (1) $35 if the amount in controversy in the proceeding |
| |||||||
| |||||||
1 | is not more than $1,000; | ||||||
2 | (2) $45 if the amount in controversy in the proceeding | ||||||
3 | is greater than $1,000 and not more than $5,000; and | ||||||
4 | (3) $65 if the amount in controversy in the proceeding | ||||||
5 | is greater than $5,000. | ||||||
6 | (k) Collections. | ||||||
7 | (1) For all collections made of others, except the | ||||||
8 | State and county and except in maintenance or child | ||||||
9 | support cases, the clerk may collect a fee of up to 2.5% of | ||||||
10 | the amount collected and turned over. | ||||||
11 | (2) In child support and maintenance cases, the clerk | ||||||
12 | may collect an annual fee of up to $36 from the person | ||||||
13 | making payment for maintaining child support records and | ||||||
14 | the processing of support orders to the State of Illinois | ||||||
15 | KIDS system and the recording of payments issued by the | ||||||
16 | State Disbursement Unit for the official record of the | ||||||
17 | Court. This fee is in addition to and separate from | ||||||
18 | amounts ordered to be paid as maintenance or child support | ||||||
19 | and shall be deposited into a Separate Maintenance and | ||||||
20 | Child Support Collection Fund, of which the clerk shall be | ||||||
21 | the custodian, ex officio, to be used by the clerk to | ||||||
22 | maintain child support orders and record all payments | ||||||
23 | issued by the State Disbursement Unit for the official | ||||||
24 | record of the Court. The clerk may recover from the person | ||||||
25 | making the maintenance or child support payment any | ||||||
26 | additional cost incurred in the collection of this annual |
| |||||||
| |||||||
1 | fee. | ||||||
2 | (3) The clerk may collect a fee of $5 for | ||||||
3 | certifications made to the Secretary of State as provided | ||||||
4 | in Section 7-703 of the Illinois Vehicle Code, and this | ||||||
5 | fee shall be deposited into the Separate Maintenance and | ||||||
6 | Child Support Collection Fund. | ||||||
7 | (4) In proceedings
to foreclose the lien of delinquent | ||||||
8 | real estate taxes, State's Attorneys
shall receive a fee | ||||||
9 | of 10%
of the total amount realized from the sale of real | ||||||
10 | estate sold in the
proceedings. The clerk shall collect | ||||||
11 | the fee from the total amount realized from
the sale of the | ||||||
12 | real estate sold in the proceedings and remit to the | ||||||
13 | County Treasurer to be credited to the earnings of the | ||||||
14 | Office of the State's Attorney. | ||||||
15 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
16 | not exceed $10 plus the cost of postage. | ||||||
17 | (m) Certified copies. The fee for each certified copy of a | ||||||
18 | judgment, after the first copy, shall not exceed $10. | ||||||
19 | (n) Certification, authentication, and reproduction. | ||||||
20 | (1) The fee for each certification or authentication | ||||||
21 | for taking the acknowledgment of a deed or other | ||||||
22 | instrument in writing with the seal of office shall not | ||||||
23 | exceed $6. | ||||||
24 | (2) The fee for reproduction of any document contained | ||||||
25 | in the clerk's files shall not exceed: | ||||||
26 | (A) $2 for the first page; |
| |||||||
| |||||||
1 | (B) 50 cents per page for the next 19 pages; and | ||||||
2 | (C) 25 cents per page for all additional pages. | ||||||
3 | (o) Record search. For each record search, within a | ||||||
4 | division or municipal district, the clerk may collect a search | ||||||
5 | fee not to exceed $6 for each year searched. | ||||||
6 | (p) Hard copy. For each page of hard copy print output, | ||||||
7 | when case records are maintained on an automated medium, the | ||||||
8 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
9 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
10 | other county, except as applied to units of local government | ||||||
11 | and school districts in counties with more than 3,000,000 | ||||||
12 | inhabitants an amount not to exceed $6. | ||||||
13 | (q) Index inquiry and other records. No fee shall be | ||||||
14 | charged for a single plaintiff and defendant index inquiry or | ||||||
15 | single case record inquiry when this request is made in person | ||||||
16 | and the records are maintained in a current automated medium, | ||||||
17 | and when no hard copy print output is requested. The fees to be | ||||||
18 | charged for management records, multiple case records, and | ||||||
19 | multiple journal records may be specified by the Chief Judge | ||||||
20 | pursuant to the guidelines for access and dissemination of | ||||||
21 | information approved by the Supreme Court. | ||||||
22 | (r) Performing a marriage. There shall be a $10 fee for | ||||||
23 | performing a marriage in court. | ||||||
24 | (s) Voluntary assignment. For filing each deed of | ||||||
25 | voluntary assignment, the clerk shall collect a fee not to | ||||||
26 | exceed $20. For recording a deed of voluntary assignment, the |
| |||||||
| |||||||
1 | clerk shall collect a fee not to exceed 50 cents for each 100 | ||||||
2 | words. Exceptions filed to claims presented to an assignee of | ||||||
3 | a debtor who has made a voluntary assignment for the benefit of | ||||||
4 | creditors shall be considered and treated, for the purpose of | ||||||
5 | taxing costs therein, as actions in which the party or parties | ||||||
6 | filing the exceptions shall be considered as party or parties | ||||||
7 | plaintiff, and the claimant or claimants as party or parties | ||||||
8 | defendant, and those parties respectively shall pay to the | ||||||
9 | clerk the same fees as provided by this Section to be paid in | ||||||
10 | other actions. | ||||||
11 | (t) Expungement petition. The clerk may collect a fee not | ||||||
12 | to exceed $60 for each expungement petition filed and an | ||||||
13 | additional fee not to exceed $4 for each certified copy of an | ||||||
14 | order to expunge arrest records. | ||||||
15 | (u) Transcripts of judgment. For the filing of a | ||||||
16 | transcript of judgment, the clerk may collect the same fee as | ||||||
17 | if it were the commencement of a new suit. | ||||||
18 | (v) Probate filings. | ||||||
19 | (1) For each account (other than one final account) | ||||||
20 | filed in the estate of a decedent, or ward, the fee shall | ||||||
21 | not exceed $25. | ||||||
22 | (2) For filing a claim in an estate when the amount | ||||||
23 | claimed is greater than $150 and not more than $500, the | ||||||
24 | fee shall not exceed $40 in a county with a population of | ||||||
25 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
26 | county; when the amount claimed is greater than $500 and |
| |||||||
| |||||||
1 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
2 | county with a population of 3,000,000 or more and shall | ||||||
3 | not exceed $40 in any other county; and when the amount | ||||||
4 | claimed is more than $10,000, the fee shall not exceed $75 | ||||||
5 | in a county with a population of 3,000,000 or more and | ||||||
6 | shall not exceed $60 in any other county; except the court | ||||||
7 | in allowing a claim may add to the amount allowed the | ||||||
8 | filing fee paid by the claimant. | ||||||
9 | (3) For filing in an estate a claim, petition, or | ||||||
10 | supplemental proceeding based upon an action seeking | ||||||
11 | equitable relief including the construction or contest of | ||||||
12 | a will, enforcement of a contract to make a will, and | ||||||
13 | proceedings involving testamentary trusts or the | ||||||
14 | appointment of testamentary trustees, the fee shall not | ||||||
15 | exceed $60. | ||||||
16 | (4) There shall be no fee for filing in an estate: (i) | ||||||
17 | the appearance of any person for the purpose of consent; | ||||||
18 | or (ii) the appearance of an executor, administrator, | ||||||
19 | administrator to collect, guardian, guardian ad litem, or | ||||||
20 | special administrator. | ||||||
21 | (5) For each jury demand, the fee shall not exceed | ||||||
22 | $137.50. | ||||||
23 | (6) For each certified copy of letters of office, of | ||||||
24 | court order, or other certification, the fee shall not | ||||||
25 | exceed
$2 per page. | ||||||
26 | (7) For each exemplification, the fee shall not exceed |
| |||||||
| |||||||
1 | $2, plus the fee for certification. | ||||||
2 | (8) The executor, administrator, guardian, petitioner, | ||||||
3 | or other interested person or his or her attorney shall | ||||||
4 | pay the cost of publication by the clerk directly to the | ||||||
5 | newspaper. | ||||||
6 | (9) The person on whose behalf a charge is incurred | ||||||
7 | for witness, court reporter, appraiser, or other | ||||||
8 | miscellaneous fees shall pay the same directly to the | ||||||
9 | person entitled thereto. | ||||||
10 | (10) The executor, administrator, guardian, | ||||||
11 | petitioner, or other interested person or his or her | ||||||
12 | attorney shall pay to the clerk all postage charges | ||||||
13 | incurred by the clerk in mailing petitions, orders, | ||||||
14 | notices, or other documents pursuant to the provisions of | ||||||
15 | the Probate Act of 1975. | ||||||
16 | (w) Corrections of numbers. For correction of the case | ||||||
17 | number, case title, or attorney computer identification | ||||||
18 | number, if required by rule of court, on any document filed in | ||||||
19 | the clerk's office, to be charged against the party that filed | ||||||
20 | the document, the fee shall not exceed $25. | ||||||
21 | (x) Miscellaneous. | ||||||
22 | (1) Interest earned on any fees collected by the clerk | ||||||
23 | shall be turned over to the county general fund as an | ||||||
24 | earning of the office. | ||||||
25 | (2) For any check, draft, or other bank instrument | ||||||
26 | returned to the clerk for non-sufficient funds, account |
| |||||||
| |||||||
1 | closed, or payment stopped, the clerk shall collect a fee | ||||||
2 | of $25. | ||||||
3 | (y) Other fees. Any fees not covered in this Section shall | ||||||
4 | be set by rule or administrative order of the circuit court | ||||||
5 | with the approval of the Administrative Office of the Illinois | ||||||
6 | Courts. The clerk of the circuit court may provide services in | ||||||
7 | connection with the operation of the clerk's office, other | ||||||
8 | than those services mentioned in this Section, as may be | ||||||
9 | requested by the public and agreed to by the clerk and approved | ||||||
10 | by the Chief Judge. Any charges for additional services shall | ||||||
11 | be as agreed to between the clerk and the party making the | ||||||
12 | request and approved by the Chief Judge. Nothing in this | ||||||
13 | subsection shall be construed to require any clerk to provide | ||||||
14 | any service not otherwise required by law. | ||||||
15 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
16 | is implemented or the fee
requirements of this Section are | ||||||
17 | waived under a court order, the clerk of
the circuit court may | ||||||
18 | add to any unpaid fees and costs under this Section a | ||||||
19 | delinquency
amount equal to 5% of the unpaid fees that remain | ||||||
20 | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
21 | after 60 days, and 15% of the unpaid fees
that remain unpaid | ||||||
22 | after 90 days. Notice to those parties may be made by
signage | ||||||
23 | posting or publication. The additional delinquency amounts | ||||||
24 | collected under this Section shall
be deposited into the | ||||||
25 | Circuit Court Clerk Operations and Administration Fund and | ||||||
26 | used to defray additional administrative costs incurred by the |
| |||||||
| |||||||
1 | clerk of the
circuit court in collecting unpaid fees and | ||||||
2 | costs. | ||||||
3 | (z) Exceptions. | ||||||
4 | (1) No fee authorized by this Section shall apply to: | ||||||
5 | (A) police departments or other law enforcement | ||||||
6 | agencies. In this Section, "law enforcement agency" | ||||||
7 | means: an agency of the State or agency of a unit of | ||||||
8 | local government which is vested by law or ordinance | ||||||
9 | with the duty to maintain public order and to enforce | ||||||
10 | criminal laws or ordinances; the Attorney General; or | ||||||
11 | any State's Attorney; | ||||||
12 | (A-5) any unit of local government or school | ||||||
13 | district, except in counties having a population of | ||||||
14 | 500,000 or more the county board may by resolution set | ||||||
15 | fees for units of local government or school districts | ||||||
16 | no greater than the minimum fees applicable in | ||||||
17 | counties with a population less than 3,000,000; | ||||||
18 | provided however, no fee may be charged to any unit of | ||||||
19 | local government or school district in connection with | ||||||
20 | any action which, in whole or in part, is: (i) to | ||||||
21 | enforce an ordinance; (ii) to collect a debt; or (iii) | ||||||
22 | under the Administrative Review Law; | ||||||
23 | (B) any action instituted by the corporate | ||||||
24 | authority of a municipality with more than 1,000,000 | ||||||
25 | inhabitants under Section 11-31-1 of the Illinois | ||||||
26 | Municipal Code and any action instituted under |
| |||||||
| |||||||
1 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
2 | Municipal Code by a private owner or tenant of real | ||||||
3 | property within 1,200 feet of a dangerous or unsafe | ||||||
4 | building seeking an order compelling the owner or | ||||||
5 | owners of the building to take any of the actions | ||||||
6 | authorized under that subsection; | ||||||
7 | (C) any commitment petition or petition for an | ||||||
8 | order authorizing the administration of psychotropic | ||||||
9 | medication or electroconvulsive therapy under the | ||||||
10 | Mental Health and Developmental Disabilities Code; | ||||||
11 | (D) a petitioner in any order of protection | ||||||
12 | proceeding, including, but not limited to, fees for | ||||||
13 | filing, modifying, withdrawing, certifying, or | ||||||
14 | photocopying petitions for orders of protection, | ||||||
15 | issuing alias summons, any related filing service, or | ||||||
16 | certifying, modifying, vacating, or photocopying any | ||||||
17 | orders of protection; or | ||||||
18 | (E) proceedings for the appointment of a | ||||||
19 | confidential intermediary under the Adoption Act. | ||||||
20 | (2) No fee other than the filing fee contained in the | ||||||
21 | applicable schedule in subsection (a) shall be charged to | ||||||
22 | any person in connection with an adoption proceeding. | ||||||
23 | (3) Upon good cause shown, the court may waive any | ||||||
24 | fees associated with a special needs adoption. The term | ||||||
25 | "special needs adoption" has the meaning provided by the | ||||||
26 | Illinois Department of Children and Family Services. |
| |||||||
| |||||||
1 | (aa) This Section is repealed on January 1, 2022.
| ||||||
2 | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | ||||||
3 | 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised | ||||||
4 | 8-18-20.)
| ||||||
5 | Section 705. The Juvenile Court Act of 1987 is amended by | ||||||
6 | changing Sections 2-4a, 2-31, 5-710, and 5-915 as follows:
| ||||||
7 | (705 ILCS 405/2-4a)
| ||||||
8 | Sec. 2-4a. Special immigrant minor.
| ||||||
9 | (a) The court has jurisdiction to make the findings | ||||||
10 | necessary to enable a minor who has been adjudicated a ward
of | ||||||
11 | the court to petition the United States Citizenship and | ||||||
12 | Immigration Services for classification as a special immigrant | ||||||
13 | juvenile under 8 U.S.C. 1101(a)(27)(J). A minor for whom the | ||||||
14 | court finds under subsection (b) shall remain under the | ||||||
15 | jurisdiction of the
court until his or her special immigrant | ||||||
16 | juvenile petition is filed with the United States Citizenship | ||||||
17 | and Immigration Services, or its successor agency.
| ||||||
18 | (b) If a motion requests findings regarding Special | ||||||
19 | Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and | ||||||
20 | the evidence, which may consist solely of, but is not limited | ||||||
21 | to, a declaration of the minor, supports the findings, the | ||||||
22 | court shall issue an order that includes the following | ||||||
23 | findings:
| ||||||
24 | (1) (A) the minor is declared a dependent of the |
| |||||||
| |||||||
1 | court; or (B) the minor is legally committed to, or placed | ||||||
2 | under the custody of, a State agency or department, or an | ||||||
3 | individual or entity appointed by the court; and
| ||||||
4 | (2) that reunification of the minor with one or both | ||||||
5 | of the minor's parents is not viable due to abuse, | ||||||
6 | neglect, abandonment, or other similar basis; and
| ||||||
7 | (3) that it is not in the best interest of the minor to | ||||||
8 | be returned to the minor's or parent's previous country of | ||||||
9 | nationality or last habitual residence. | ||||||
10 | (c) In this Section , : (1) The term "abandonment" means, | ||||||
11 | but is not limited to, the failure of a parent or legal | ||||||
12 | guardian
to maintain a reasonable degree of interest, concern, | ||||||
13 | or responsibility for the
welfare of his or her minor child or | ||||||
14 | ward. (2) (Blank).
| ||||||
15 | (d) (Blank).
| ||||||
16 | (Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the | ||||||
17 | effective date of changes made by P.A. 101-121); revised | ||||||
18 | 9-8-20.)
| ||||||
19 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| ||||||
20 | Sec. 2-31. Duration of wardship and discharge of | ||||||
21 | proceedings.
| ||||||
22 | (1) All proceedings under Article II of this Act in | ||||||
23 | respect of any minor
automatically terminate upon his or her | ||||||
24 | attaining the age of 21 years.
| ||||||
25 | (2) Whenever the court determines, and makes written |
| |||||||
| |||||||
1 | factual findings, that
health, safety, and the best interests | ||||||
2 | of the minor and
the public no longer require the wardship of | ||||||
3 | the court, the court shall
order the wardship terminated and | ||||||
4 | all proceedings under this Act respecting
that minor finally | ||||||
5 | closed and discharged. The court may at the same time
continue | ||||||
6 | or terminate any custodianship or guardianship theretofore | ||||||
7 | ordered
but the termination must be made in compliance with | ||||||
8 | Section 2-28. When terminating wardship under this Section, if | ||||||
9 | the minor is over 18 , or if wardship is terminated in | ||||||
10 | conjunction with an order partially or completely emancipating | ||||||
11 | the minor in accordance with the Emancipation of Minors Act, | ||||||
12 | the court shall also consider the following factors, in | ||||||
13 | addition to the health, safety, and best interest of the minor | ||||||
14 | and the public: (A) the minor's wishes regarding case closure; | ||||||
15 | (B) the manner in which the minor will maintain independence | ||||||
16 | without services from the Department; (C) the minor's | ||||||
17 | engagement in services including placement offered by the | ||||||
18 | Department; (D) if the minor is not engaged , the Department's | ||||||
19 | efforts to engage the minor; (E) the nature of communication | ||||||
20 | between the minor and the Department; (F) the minor's | ||||||
21 | involvement in other State systems or services; (G) the | ||||||
22 | minor's connections with family and other community support; | ||||||
23 | and (H) any other factor the court deems relevant. The minor's | ||||||
24 | lack of cooperation with services provided by the Department | ||||||
25 | of Children and Family Services shall not by itself be | ||||||
26 | considered sufficient evidence that the minor is prepared to |
| |||||||
| |||||||
1 | live independently and that it is in the best interest of the | ||||||
2 | minor to terminate wardship. It shall not be in the minor's | ||||||
3 | best interest to terminate wardship of a minor over the age of | ||||||
4 | 18 who is in the guardianship of the Department of Children and | ||||||
5 | Family Services if the Department has not made reasonable | ||||||
6 | efforts to ensure that the minor has documents necessary for | ||||||
7 | adult living as provided in Section 35.10 of the Children and | ||||||
8 | Family Services Act.
| ||||||
9 | (3) The wardship of the minor and any custodianship or | ||||||
10 | guardianship
respecting the minor for whom a petition was | ||||||
11 | filed after July 24, 1991 ( the effective
date of Public Act | ||||||
12 | 87-14) this amendatory Act of 1991 automatically terminates | ||||||
13 | when he
attains the age of 19 years , except as set forth in | ||||||
14 | subsection (1) of this
Section. The clerk of the court shall at | ||||||
15 | that time record all proceedings
under this Act as finally | ||||||
16 | closed and discharged for that reason. The provisions of this | ||||||
17 | subsection (3) become inoperative on and after July 12, 2019 | ||||||
18 | ( the effective date of Public Act 101-78) this amendatory Act | ||||||
19 | of the 101st General Assembly .
| ||||||
20 | (4) Notwithstanding any provision of law to the contrary, | ||||||
21 | the changes made by Public Act 101-78 this amendatory Act of | ||||||
22 | the 101st General Assembly apply to all cases that are pending | ||||||
23 | on or after July 12, 2019 ( the effective date of Public Act | ||||||
24 | 101-78) this amendatory Act of the 101st General Assembly . | ||||||
25 | (Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19; | ||||||
26 | revised 9-12-19.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-710)
| ||||||
2 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
3 | (1) The following kinds of sentencing orders may be made | ||||||
4 | in respect of
wards of the court:
| ||||||
5 | (a) Except as provided in Sections 5-805, 5-810, and | ||||||
6 | 5-815, a minor who is
found
guilty under Section 5-620 may | ||||||
7 | be:
| ||||||
8 | (i) put on probation or conditional discharge and | ||||||
9 | released to his or her
parents, guardian or legal | ||||||
10 | custodian, provided, however, that any such minor
who | ||||||
11 | is not committed to the Department of Juvenile Justice | ||||||
12 | under
this subsection and who is found to be a | ||||||
13 | delinquent for an offense which is
first degree | ||||||
14 | murder, a Class X felony, or a forcible felony shall be | ||||||
15 | placed on
probation;
| ||||||
16 | (ii) placed in accordance with Section 5-740, with | ||||||
17 | or without also being
put on probation or conditional | ||||||
18 | discharge;
| ||||||
19 | (iii) required to undergo a substance abuse | ||||||
20 | assessment conducted by a
licensed provider and | ||||||
21 | participate in the indicated clinical level of care;
| ||||||
22 | (iv) on and after January 1, 2015 ( the effective | ||||||
23 | date of Public Act 98-803) this amendatory Act of the | ||||||
24 | 98th General Assembly and before January 1, 2017, | ||||||
25 | placed in the guardianship of the Department of |
| |||||||
| |||||||
1 | Children and Family
Services, but only if the | ||||||
2 | delinquent minor is under 16 years of age or, pursuant | ||||||
3 | to Article II of this Act, a minor under the age of 18 | ||||||
4 | for whom an independent basis of abuse, neglect, or | ||||||
5 | dependency exists. On and after January 1, 2017, | ||||||
6 | placed in the guardianship of the Department of | ||||||
7 | Children and Family
Services, but only if the | ||||||
8 | delinquent minor is under 15 years of age or, pursuant | ||||||
9 | to Article II of this Act, a minor for whom an | ||||||
10 | independent basis of abuse, neglect, or dependency | ||||||
11 | exists. An independent basis exists when the | ||||||
12 | allegations or adjudication of abuse, neglect, or | ||||||
13 | dependency do not arise from the same facts, incident, | ||||||
14 | or circumstances which give rise to a charge or | ||||||
15 | adjudication of delinquency;
| ||||||
16 | (v) placed in detention for a period not to exceed | ||||||
17 | 30 days, either as
the
exclusive order of disposition | ||||||
18 | or, where appropriate, in conjunction with any
other | ||||||
19 | order of disposition issued under this paragraph, | ||||||
20 | provided that any such
detention shall be in a | ||||||
21 | juvenile detention home and the minor so detained | ||||||
22 | shall
be 10 years of age or older. However, the 30-day | ||||||
23 | limitation may be extended by
further order of the | ||||||
24 | court for a minor under age 15 committed to the | ||||||
25 | Department
of Children and Family Services if the | ||||||
26 | court finds that the minor is a danger
to himself or |
| |||||||
| |||||||
1 | others. The minor shall be given credit on the | ||||||
2 | sentencing order
of detention for time spent in | ||||||
3 | detention under Sections 5-501, 5-601, 5-710, or
5-720 | ||||||
4 | of this
Article as a result of the offense for which | ||||||
5 | the sentencing order was imposed.
The court may grant | ||||||
6 | credit on a sentencing order of detention entered | ||||||
7 | under a
violation of probation or violation of | ||||||
8 | conditional discharge under Section
5-720 of this | ||||||
9 | Article for time spent in detention before the filing | ||||||
10 | of the
petition
alleging the violation. A minor shall | ||||||
11 | not be deprived of credit for time spent
in detention | ||||||
12 | before the filing of a violation of probation or | ||||||
13 | conditional
discharge alleging the same or related act | ||||||
14 | or acts. The limitation that the minor shall only be | ||||||
15 | placed in a juvenile detention home does not apply as | ||||||
16 | follows: | ||||||
17 | Persons 18 years of age and older who have a | ||||||
18 | petition of delinquency filed against them may be | ||||||
19 | confined in an adult detention facility. In making a | ||||||
20 | determination whether to confine a person 18 years of | ||||||
21 | age or older who has a petition of delinquency filed | ||||||
22 | against the person, these factors, among other | ||||||
23 | matters, shall be considered: | ||||||
24 | (A) the age of the person; | ||||||
25 | (B) any previous delinquent or criminal | ||||||
26 | history of the person; |
| |||||||
| |||||||
1 | (C) any previous abuse or neglect history of | ||||||
2 | the person; | ||||||
3 | (D) any mental health history of the person; | ||||||
4 | and | ||||||
5 | (E) any educational history of the person;
| ||||||
6 | (vi) ordered partially or completely emancipated | ||||||
7 | in accordance with the
provisions of the Emancipation | ||||||
8 | of Minors Act;
| ||||||
9 | (vii) subject to having his or her driver's | ||||||
10 | license or driving
privileges
suspended for such time | ||||||
11 | as determined by the court but only until he or she
| ||||||
12 | attains 18 years of age;
| ||||||
13 | (viii) put on probation or conditional discharge | ||||||
14 | and placed in detention
under Section 3-6039 of the | ||||||
15 | Counties Code for a period not to exceed the period
of | ||||||
16 | incarceration permitted by law for adults found guilty | ||||||
17 | of the same offense
or offenses for which the minor was | ||||||
18 | adjudicated delinquent, and in any event no
longer | ||||||
19 | than upon attainment of age 21; this subdivision | ||||||
20 | (viii) notwithstanding
any contrary provision of the | ||||||
21 | law;
| ||||||
22 | (ix) ordered to undergo a medical or other | ||||||
23 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
24 | street gang removed from his or her body; or | ||||||
25 | (x) placed in electronic monitoring or home | ||||||
26 | detention under Part 7A of this Article.
|
| |||||||
| |||||||
1 | (b) A minor found to be guilty may be committed to the | ||||||
2 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
3 | minor is at least 13 years and under 20 years of age,
| ||||||
4 | provided that the commitment to the Department of Juvenile | ||||||
5 | Justice shall be made only if the minor was found guilty of | ||||||
6 | a felony offense or first degree murder. The court shall | ||||||
7 | include in the sentencing order any pre-custody credits | ||||||
8 | the minor is entitled to under Section 5-4.5-100 of the | ||||||
9 | Unified Code of Corrections. The time during which a minor | ||||||
10 | is in custody before being released
upon the request of a | ||||||
11 | parent, guardian or legal custodian shall also be | ||||||
12 | considered
as time spent in custody.
| ||||||
13 | (c) When a minor is found to be guilty for an offense | ||||||
14 | which is a violation
of the Illinois Controlled Substances | ||||||
15 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act and made
a ward of | ||||||
17 | the court, the court may enter a disposition order | ||||||
18 | requiring the
minor to undergo assessment,
counseling or | ||||||
19 | treatment in a substance use disorder treatment program | ||||||
20 | approved by the Department
of Human Services.
| ||||||
21 | (2) Any sentencing order other than commitment to the | ||||||
22 | Department of
Juvenile Justice may provide for protective | ||||||
23 | supervision under
Section 5-725 and may include an order of | ||||||
24 | protection under Section 5-730.
| ||||||
25 | (3) Unless the sentencing order expressly so provides, it | ||||||
26 | does not operate
to close proceedings on the pending petition, |
| |||||||
| |||||||
1 | but is subject to modification
until final closing and | ||||||
2 | discharge of the proceedings under Section 5-750.
| ||||||
3 | (4) In addition to any other sentence, the court may order | ||||||
4 | any
minor
found to be delinquent to make restitution, in | ||||||
5 | monetary or non-monetary form,
under the terms and conditions | ||||||
6 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
7 | that the "presentencing hearing" referred to in that
Section
| ||||||
8 | shall be
the sentencing hearing for purposes of this Section. | ||||||
9 | The parent, guardian or
legal custodian of the minor may be | ||||||
10 | ordered by the court to pay some or all of
the restitution on | ||||||
11 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
12 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
13 | victim in seeking restitution in proceedings under this
| ||||||
14 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
15 | Parental
Responsibility Law.
| ||||||
16 | (5) Any sentencing order where the minor is committed or | ||||||
17 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
18 | parents or guardian of the estate of
the minor to pay to the | ||||||
19 | legal custodian or guardian of the person of the minor
such | ||||||
20 | sums as are determined by the custodian or guardian of the | ||||||
21 | person of the
minor as necessary for the minor's needs. The | ||||||
22 | payments may not exceed the
maximum amounts provided for by | ||||||
23 | Section 9.1 of the Children and Family Services
Act.
| ||||||
24 | (6) Whenever the sentencing order requires the minor to | ||||||
25 | attend school or
participate in a program of training, the | ||||||
26 | truant officer or designated school
official shall regularly |
| |||||||
| |||||||
1 | report to the court if the minor is a chronic or
habitual | ||||||
2 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
3 | any other provision of this Act, in instances in which | ||||||
4 | educational services are to be provided to a minor in a | ||||||
5 | residential facility where the minor has been placed by the | ||||||
6 | court, costs incurred in the provision of those educational | ||||||
7 | services must be allocated based on the requirements of the | ||||||
8 | School Code.
| ||||||
9 | (7) In no event shall a guilty minor be committed to the | ||||||
10 | Department of
Juvenile Justice for a period of time in
excess | ||||||
11 | of
that period for which an adult could be committed for the | ||||||
12 | same act. The court shall include in the sentencing order a | ||||||
13 | limitation on the period of confinement not to exceed the | ||||||
14 | maximum period of imprisonment the court could impose under | ||||||
15 | Chapter V 5 of the Unified Code of Corrections.
| ||||||
16 | (7.5) In no event shall a guilty minor be committed to the | ||||||
17 | Department of Juvenile Justice or placed in detention when the | ||||||
18 | act for which the minor was adjudicated delinquent would not | ||||||
19 | be illegal if committed by an adult. | ||||||
20 | (7.6) In no event shall a guilty minor be committed to the | ||||||
21 | Department of Juvenile Justice for an offense which is a Class | ||||||
22 | 4 felony under Section 19-4 (criminal trespass to a | ||||||
23 | residence), 21-1 (criminal damage to property), 21-1.01 | ||||||
24 | (criminal damage to government supported property), 21-1.3 | ||||||
25 | (criminal defacement of property), 26-1 (disorderly conduct), | ||||||
26 | or 31-4 (obstructing justice) of the Criminal Code of 2012. |
| |||||||
| |||||||
1 | (7.75) In no event shall a guilty minor be committed to the | ||||||
2 | Department of Juvenile Justice for an offense that is a Class 3 | ||||||
3 | or Class 4 felony violation of the Illinois Controlled | ||||||
4 | Substances Act unless the commitment occurs upon a third or | ||||||
5 | subsequent judicial finding of a violation of probation for | ||||||
6 | substantial noncompliance with court-ordered treatment or | ||||||
7 | programming. | ||||||
8 | (8) A minor found to be guilty for reasons that include a | ||||||
9 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
11 | service for not less than 30 and not more than 120 hours, if
| ||||||
12 | community service is available in the jurisdiction. The | ||||||
13 | community service
shall include, but need not be limited to, | ||||||
14 | the cleanup and repair of the damage
that was caused by the | ||||||
15 | violation or similar damage to property located in the
| ||||||
16 | municipality or county in which the violation occurred. The | ||||||
17 | order may be in
addition to any other order authorized by this | ||||||
18 | Section.
| ||||||
19 | (8.5) A minor found to be guilty for reasons that include a | ||||||
20 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
21 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
22 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
23 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
24 | shall be ordered to undergo medical or psychiatric treatment | ||||||
25 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
26 | by a clinical psychologist.
The order
may be in addition to any |
| |||||||
| |||||||
1 | other order authorized by this Section.
| ||||||
2 | (9) In addition to any other sentencing order, the court | ||||||
3 | shall order any
minor found
to be guilty for an act which would | ||||||
4 | constitute, predatory criminal sexual
assault of a child, | ||||||
5 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
6 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
7 | committed by an
adult to undergo medical testing to determine | ||||||
8 | whether the defendant has any
sexually transmissible disease | ||||||
9 | including a test for infection with human
immunodeficiency | ||||||
10 | virus (HIV) or any other identified causative agency of
| ||||||
11 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
12 | shall be performed
only by appropriately licensed medical | ||||||
13 | practitioners and may include an
analysis of any bodily fluids | ||||||
14 | as well as an examination of the minor's person.
Except as | ||||||
15 | otherwise provided by law, the results of the test shall be | ||||||
16 | kept
strictly confidential by all medical personnel involved | ||||||
17 | in the testing and must
be personally delivered in a sealed | ||||||
18 | envelope to the judge of the court in which
the sentencing | ||||||
19 | order was entered for the judge's inspection in camera. Acting
| ||||||
20 | in accordance with the best interests of the victim and the | ||||||
21 | public, the judge
shall have the discretion to determine to | ||||||
22 | whom the results of the testing may
be revealed. The court | ||||||
23 | shall notify the minor of the results of the test for
infection | ||||||
24 | with the human immunodeficiency virus (HIV). The court shall | ||||||
25 | also
notify the victim if requested by the victim, and if the | ||||||
26 | victim is under the
age of 15 and if requested by the victim's |
| |||||||
| |||||||
1 | parents or legal guardian, the court
shall notify the victim's | ||||||
2 | parents or the legal guardian, of the results of the
test for | ||||||
3 | infection with the human immunodeficiency virus (HIV). The | ||||||
4 | court
shall provide information on the availability of HIV | ||||||
5 | testing and counseling at
the Department of Public Health | ||||||
6 | facilities to all parties to whom the
results of the testing | ||||||
7 | are revealed. The court shall order that the cost of
any test | ||||||
8 | shall be paid by the county and may be taxed as costs against | ||||||
9 | the
minor.
| ||||||
10 | (10) When a court finds a minor to be guilty the court | ||||||
11 | shall, before
entering a sentencing order under this Section, | ||||||
12 | make a finding whether the
offense committed either: (a) was | ||||||
13 | related to or in furtherance of the criminal
activities of an | ||||||
14 | organized gang or was motivated by the minor's membership in
| ||||||
15 | or allegiance to an organized gang, or (b) involved a | ||||||
16 | violation of
subsection (a) of Section 12-7.1 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012, a violation of
any
| ||||||
18 | Section of Article 24 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, or a violation of any
statute that | ||||||
20 | involved the wrongful use of a firearm. If the court | ||||||
21 | determines
the question in the affirmative,
and the court does | ||||||
22 | not commit the minor to the Department of Juvenile Justice, | ||||||
23 | the court shall order the minor to perform community service
| ||||||
24 | for not less than 30 hours nor more than 120 hours, provided | ||||||
25 | that community
service is available in the jurisdiction and is | ||||||
26 | funded and approved by the
county board of the county where the |
| |||||||
| |||||||
1 | offense was committed. The community
service shall include, | ||||||
2 | but need not be limited to, the cleanup and repair of
any | ||||||
3 | damage caused by a violation of Section 21-1.3 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012
and similar damage to | ||||||
5 | property located in the municipality or county in which
the | ||||||
6 | violation occurred. When possible and reasonable, the | ||||||
7 | community service
shall be performed in the minor's | ||||||
8 | neighborhood. This order shall be in
addition to any other | ||||||
9 | order authorized by this Section
except for an order to place | ||||||
10 | the minor in the custody of the Department of
Juvenile | ||||||
11 | Justice. For the purposes of this Section, "organized
gang" | ||||||
12 | has the meaning ascribed to it in Section 10 of the Illinois | ||||||
13 | Streetgang
Terrorism Omnibus Prevention Act.
| ||||||
14 | (11) If the court determines that the offense was | ||||||
15 | committed in furtherance of the criminal activities of an | ||||||
16 | organized gang, as provided in subsection (10), and that the | ||||||
17 | offense involved the operation or use of a motor vehicle or the | ||||||
18 | use of a driver's license or permit, the court shall notify the | ||||||
19 | Secretary of State of that determination and of the period for | ||||||
20 | which the minor shall be denied driving privileges. If, at the | ||||||
21 | time of the determination, the minor does not hold a driver's | ||||||
22 | license or permit, the court shall provide that the minor | ||||||
23 | shall not be issued a driver's license or permit until his or | ||||||
24 | her 18th birthday. If the minor holds a driver's license or | ||||||
25 | permit at the time of the determination, the court shall | ||||||
26 | provide that the minor's driver's license or permit shall be |
| |||||||
| |||||||
1 | revoked until his or her 21st birthday, or until a later date | ||||||
2 | or occurrence determined by the court. If the minor holds a | ||||||
3 | driver's license at the time of the determination, the court | ||||||
4 | may direct the Secretary of State to issue the minor a judicial | ||||||
5 | driving permit, also known as a JDP. The JDP shall be subject | ||||||
6 | to the same terms as a JDP issued under Section 6-206.1 of the | ||||||
7 | Illinois Vehicle Code, except that the court may direct that | ||||||
8 | the JDP be effective immediately.
| ||||||
9 | (12) (Blank).
| ||||||
10 | (Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | ||||||
11 | 100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. | ||||||
12 | 7-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
| ||||||
13 | (705 ILCS 405/5-915)
| ||||||
14 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
15 | juvenile court records.
| ||||||
16 | (0.05) (Blank). | ||||||
17 | (0.1) (a) The Department of State Police and all law | ||||||
18 | enforcement agencies within the State shall automatically | ||||||
19 | expunge, on or before January 1 of each year, all juvenile law | ||||||
20 | enforcement records relating to events occurring before an | ||||||
21 | individual's 18th birthday if: | ||||||
22 | (1) one year or more has elapsed since the date of the | ||||||
23 | arrest or law enforcement interaction documented in the | ||||||
24 | records; | ||||||
25 | (2) no petition for delinquency or criminal charges |
| |||||||
| |||||||
1 | were filed with the clerk of the circuit court relating to | ||||||
2 | the arrest or law enforcement interaction documented in | ||||||
3 | the records; and | ||||||
4 | (3) 6 months have elapsed since the date of the arrest | ||||||
5 | without an additional subsequent arrest or filing of a | ||||||
6 | petition for delinquency or criminal charges whether | ||||||
7 | related or not to the arrest or law enforcement | ||||||
8 | interaction documented in the records. | ||||||
9 | (b) If the law enforcement agency is unable to verify | ||||||
10 | satisfaction of conditions (2) and (3) of this subsection | ||||||
11 | (0.1), records that satisfy condition (1) of this subsection | ||||||
12 | (0.1) shall be automatically expunged if the records relate to | ||||||
13 | an offense that if committed by an adult would not be an | ||||||
14 | offense classified as Class 2 felony or higher, an offense | ||||||
15 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
16 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
17 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
18 | (0.15) If a juvenile law enforcement record meets | ||||||
19 | paragraph (a) of subsection (0.1) of this Section, a juvenile | ||||||
20 | law enforcement record created: | ||||||
21 | (1) prior to January 1, 2018, but on or after January | ||||||
22 | 1, 2013 shall be automatically expunged prior to January | ||||||
23 | 1, 2020; | ||||||
24 | (2) prior to January 1, 2013, but on or after January | ||||||
25 | 1, 2000, shall be automatically expunged prior to January | ||||||
26 | 1, 2023; and |
| |||||||
| |||||||
1 | (3) prior to January 1, 2000 shall not be subject to | ||||||
2 | the automatic expungement provisions of this Act. | ||||||
3 | Nothing in this subsection (0.15) shall be construed to | ||||||
4 | restrict or modify an individual's right to have his or her | ||||||
5 | juvenile law enforcement records expunged except as otherwise | ||||||
6 | may be provided in this Act. | ||||||
7 | (0.2) (a) Upon dismissal of a petition alleging | ||||||
8 | delinquency or upon a finding of not delinquent, the | ||||||
9 | successful termination of an order of supervision, or the | ||||||
10 | successful termination of an adjudication for an offense which | ||||||
11 | would be a Class B misdemeanor, Class C misdemeanor, or a petty | ||||||
12 | or business offense if committed by an adult, the court shall | ||||||
13 | automatically order the expungement of the juvenile court | ||||||
14 | records and juvenile law enforcement records. The clerk shall | ||||||
15 | deliver a certified copy of the expungement order to the | ||||||
16 | Department of State Police and the arresting agency. Upon | ||||||
17 | request, the State's Attorney shall furnish the name of the | ||||||
18 | arresting agency. The expungement shall be completed within 60 | ||||||
19 | business days after the receipt of the expungement order. | ||||||
20 | (b) If the chief law enforcement officer of the agency, or | ||||||
21 | his or her designee, certifies in writing that certain | ||||||
22 | information is needed for a pending investigation involving | ||||||
23 | the commission of a felony, that information, and information | ||||||
24 | identifying the juvenile, may be retained until the statute of | ||||||
25 | limitations for the felony has run. If the chief law | ||||||
26 | enforcement officer of the agency, or his or her designee, |
| |||||||
| |||||||
1 | certifies in writing that certain information is needed with | ||||||
2 | respect to an internal investigation of any law enforcement | ||||||
3 | office, that information and information identifying the | ||||||
4 | juvenile may be retained within an intelligence file until the | ||||||
5 | investigation is terminated or the disciplinary action, | ||||||
6 | including appeals, has been completed, whichever is later. | ||||||
7 | Retention of a portion of a juvenile's law enforcement record | ||||||
8 | does not disqualify the remainder of his or her record from | ||||||
9 | immediate automatic expungement. | ||||||
10 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
11 | offense except a disqualified offense, the juvenile court | ||||||
12 | shall automatically order the expungement of the juvenile | ||||||
13 | court and law enforcement records 2 years after the juvenile's | ||||||
14 | case was closed if no delinquency or criminal proceeding is | ||||||
15 | pending and the person has had no subsequent delinquency | ||||||
16 | adjudication or criminal conviction. The clerk shall deliver a | ||||||
17 | certified copy of the expungement order to the Department of | ||||||
18 | State Police and the arresting agency. Upon request, the | ||||||
19 | State's Attorney shall furnish the name of the arresting | ||||||
20 | agency. The expungement shall be completed within 60 business | ||||||
21 | days after the receipt of the expungement order. In this | ||||||
22 | subsection (0.3), "disqualified offense" means any of the | ||||||
23 | following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
24 | 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, | ||||||
25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
26 | 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, |
| |||||||
| |||||||
1 | 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, | ||||||
2 | 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | ||||||
3 | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | ||||||
4 | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | ||||||
5 | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | ||||||
6 | of subsection (a) of Section 11-14.4, subsection (a-5) of | ||||||
7 | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) | ||||||
8 | of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | ||||||
9 | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | ||||||
10 | subparagraph (i) of paragraph (1) of subsection (a) of Section | ||||||
11 | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | ||||||
12 | Section 24-1.6, paragraph (1) of subsection (a) of Section | ||||||
13 | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | ||||||
14 | of 2012. | ||||||
15 | (b) If the chief law enforcement officer of the agency, or | ||||||
16 | his or her designee, certifies in writing that certain | ||||||
17 | information is needed for a pending investigation involving | ||||||
18 | the commission of a felony, that information, and information | ||||||
19 | identifying the juvenile, may be retained in an intelligence | ||||||
20 | file until the investigation is terminated or for one | ||||||
21 | additional year, whichever is sooner. Retention of a portion | ||||||
22 | of a juvenile's juvenile law enforcement record does not | ||||||
23 | disqualify the remainder of his or her record from immediate | ||||||
24 | automatic expungement. | ||||||
25 | (0.4) Automatic expungement for the purposes of this | ||||||
26 | Section shall not require law enforcement agencies to |
| |||||||
| |||||||
1 | obliterate or otherwise destroy juvenile law enforcement | ||||||
2 | records that would otherwise need to be automatically expunged | ||||||
3 | under this Act, except after 2 years following the subject | ||||||
4 | arrest for purposes of use in civil litigation against a | ||||||
5 | governmental entity or its law enforcement agency or personnel | ||||||
6 | which created, maintained, or used the records. However , these | ||||||
7 | juvenile law enforcement records shall be considered expunged | ||||||
8 | for all other purposes during this period and the offense, | ||||||
9 | which the records or files concern, shall be treated as if it | ||||||
10 | never occurred as required under Section 5-923. | ||||||
11 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
12 | apply to violations of traffic, boating, fish and game laws, | ||||||
13 | or county or municipal ordinances. | ||||||
14 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
15 | has filed civil litigation against the governmental entity or | ||||||
16 | its law enforcement agency or personnel that created, | ||||||
17 | maintained, or used the records, or juvenile law enforcement | ||||||
18 | records that contain information related to the allegations | ||||||
19 | set forth in the civil litigation may not be expunged until | ||||||
20 | after 2 years have elapsed after the conclusion of the | ||||||
21 | lawsuit, including any appeal. | ||||||
22 | (0.7) Officer-worn body camera recordings shall not be | ||||||
23 | automatically expunged except as otherwise authorized by the | ||||||
24 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
25 | (1) Whenever a person has been arrested, charged, or | ||||||
26 | adjudicated delinquent for an incident occurring before his or |
| |||||||
| |||||||
1 | her 18th birthday that if committed by an adult would be an | ||||||
2 | offense, and that person's juvenile law enforcement and | ||||||
3 | juvenile court records are not eligible for automatic | ||||||
4 | expungement under subsection (0.1), (0.2), or (0.3), the
| ||||||
5 | person may petition the court at any time for expungement of | ||||||
6 | juvenile law
enforcement records and juvenile court records | ||||||
7 | relating to the incident and, upon termination of all juvenile
| ||||||
8 | court proceedings relating to that incident, the court shall | ||||||
9 | order the expungement of all records in the possession of the | ||||||
10 | Department of State Police, the clerk of the circuit court, | ||||||
11 | and law enforcement agencies relating to the incident, but | ||||||
12 | only in any of the following circumstances:
| ||||||
13 | (a) the minor was arrested and no petition for | ||||||
14 | delinquency was filed with
the clerk of the circuit court; | ||||||
15 | (a-5) the minor was charged with an offense and the | ||||||
16 | petition or petitions were dismissed without a finding of | ||||||
17 | delinquency;
| ||||||
18 | (b) the minor was charged with an offense and was | ||||||
19 | found not delinquent of
that offense;
| ||||||
20 | (c) the minor was placed under supervision under | ||||||
21 | Section 5-615, and
the order of
supervision has since been | ||||||
22 | successfully terminated; or
| ||||||
23 | (d)
the minor was adjudicated for an offense which | ||||||
24 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
25 | petty or business offense if committed by an adult.
| ||||||
26 | (1.5) The Department of State Police shall allow a person |
| |||||||
| |||||||
1 | to use the Access and Review process, established in the | ||||||
2 | Department of State Police, for verifying that his or her | ||||||
3 | juvenile law enforcement records relating to incidents | ||||||
4 | occurring before his or her 18th birthday eligible under this | ||||||
5 | Act have been expunged. | ||||||
6 | (1.6) (Blank). | ||||||
7 | (1.7) (Blank). | ||||||
8 | (1.8) (Blank). | ||||||
9 | (2) Any person whose delinquency adjudications are not | ||||||
10 | eligible for automatic expungement under subsection (0.3) of | ||||||
11 | this Section may petition the court to expunge all juvenile | ||||||
12 | law enforcement records
relating to any
incidents occurring | ||||||
13 | before his or her 18th birthday which did not result in
| ||||||
14 | proceedings in criminal court and all juvenile court records | ||||||
15 | with respect to
any adjudications except those based upon | ||||||
16 | first degree
murder or an offense under Article 11 of the | ||||||
17 | Criminal Code of 2012 if the person is required to register | ||||||
18 | under the Sex Offender Registration Act at the time he or she | ||||||
19 | petitions the court for expungement; provided that : (a) | ||||||
20 | (blank); or (b) 2 years have elapsed since all juvenile court | ||||||
21 | proceedings relating to
him or her have been terminated and | ||||||
22 | his or her commitment to the Department of
Juvenile Justice
| ||||||
23 | under this Act has been terminated.
| ||||||
24 | (2.5) If a minor is arrested and no petition for | ||||||
25 | delinquency is filed with the clerk of the circuit court at the | ||||||
26 | time the minor is released from custody, the youth officer, if |
| |||||||
| |||||||
1 | applicable, or other designated person from the arresting | ||||||
2 | agency, shall notify verbally and in writing to the minor or | ||||||
3 | the minor's parents or guardians that the minor shall have an | ||||||
4 | arrest record and shall provide the minor and the minor's | ||||||
5 | parents or guardians with an expungement information packet, | ||||||
6 | information regarding this State's expungement laws including | ||||||
7 | a petition to expunge juvenile law enforcement and juvenile | ||||||
8 | court records obtained from the clerk of the circuit court. | ||||||
9 | (2.6) If a minor is referred to court , then , at the time of | ||||||
10 | sentencing , or dismissal of the case, or successful completion | ||||||
11 | of supervision, the judge shall inform the delinquent minor of | ||||||
12 | his or her rights regarding expungement and the clerk of the | ||||||
13 | circuit court shall provide an expungement information packet | ||||||
14 | to the minor, written in plain language, including information | ||||||
15 | regarding this State's expungement laws and a petition for | ||||||
16 | expungement, a sample of a completed petition, expungement | ||||||
17 | instructions that shall include information informing the | ||||||
18 | minor that (i) once the case is expunged, it shall be treated | ||||||
19 | as if it never occurred, (ii) he or she may apply to have | ||||||
20 | petition fees waived, (iii) once he or she obtains an | ||||||
21 | expungement, he or she may not be required to disclose that he | ||||||
22 | or she had a juvenile law enforcement or juvenile court | ||||||
23 | record, and (iv) if petitioning he or she may file the petition | ||||||
24 | on his or her own or with the assistance of an attorney. The | ||||||
25 | failure of the judge to inform the delinquent minor of his or | ||||||
26 | her right to petition for expungement as provided by law does |
| |||||||
| |||||||
1 | not create a substantive right, nor is that failure grounds | ||||||
2 | for: (i) a reversal of an adjudication of delinquency ; , (ii) a | ||||||
3 | new trial; or (iii) an appeal. | ||||||
4 | (2.7) (Blank). | ||||||
5 | (2.8) (Blank). | ||||||
6 | (3) (Blank).
| ||||||
7 | (3.1) (Blank).
| ||||||
8 | (3.2) (Blank). | ||||||
9 | (3.3) (Blank).
| ||||||
10 | (4) (Blank).
| ||||||
11 | (5) (Blank).
| ||||||
12 | (5.5) Whether or not expunged, records eligible for | ||||||
13 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
14 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
15 | to the records. | ||||||
16 | (6) (Blank). | ||||||
17 | (6.5) The Department of State Police or any employee of | ||||||
18 | the Department shall be immune from civil or criminal | ||||||
19 | liability for failure to expunge any records of arrest that | ||||||
20 | are subject to expungement under this Section because of | ||||||
21 | inability to verify a record. Nothing in this Section shall | ||||||
22 | create Department of State Police liability or responsibility | ||||||
23 | for the expungement of juvenile law enforcement records it | ||||||
24 | does not possess. | ||||||
25 | (7) (Blank).
| ||||||
26 | (7.5) (Blank). |
| |||||||
| |||||||
1 | (8) (a) (Blank). (b) (Blank). (c) The expungement of | ||||||
2 | juvenile law enforcement or juvenile court records under | ||||||
3 | subsection (0.1), (0.2), or (0.3) of this Section shall be | ||||||
4 | funded by appropriation by the General Assembly for that | ||||||
5 | purpose. | ||||||
6 | (9) (Blank). | ||||||
7 | (10) (Blank). | ||||||
8 | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | ||||||
9 | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. | ||||||
10 | 8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162, | ||||||
11 | eff. 12-20-18; revised 7-16-19.)
| ||||||
12 | Section 710. The Court of Claims Act is amended by | ||||||
13 | changing Section 22 as follows:
| ||||||
14 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| ||||||
15 | Sec. 22. Every claim cognizable by the court Court and not | ||||||
16 | otherwise sooner
barred by law shall be forever barred from | ||||||
17 | prosecution therein unless it
is filed with the clerk of the | ||||||
18 | court Clerk of the Court within the time set forth as follows:
| ||||||
19 | (a) All claims arising out of a contract must be filed | ||||||
20 | within 5
years after it first accrues, saving to minors, | ||||||
21 | and persons under legal
disability at the time the claim | ||||||
22 | accrues, in which cases the claim must be
filed within 5 | ||||||
23 | years from the time the disability ceases.
| ||||||
24 | (b) All claims cognizable against the State by vendors |
| |||||||
| |||||||
1 | of goods or services
under the "The Illinois Public Aid | ||||||
2 | Code ", approved April 11, 1967, as amended,
must file | ||||||
3 | within one year after the accrual of the cause of action, | ||||||
4 | as provided
in Section 11-13 of that Code.
| ||||||
5 | (c) All claims arising under paragraph (c) of Section | ||||||
6 | 8 of this Act
must
be automatically heard by the court
| ||||||
7 | within 120
days
after the person
asserting such
claim is | ||||||
8 | either issued a certificate of innocence from the circuit | ||||||
9 | court Circuit Court as provided in Section 2-702 of the | ||||||
10 | Code of Civil Procedure, or is granted a pardon by the | ||||||
11 | Governor, whichever occurs later,
without the person | ||||||
12 | asserting the claim being required to file a petition | ||||||
13 | under Section 11 of this Act, except as otherwise provided | ||||||
14 | by the Crime Victims Compensation Act.
Any claims filed by | ||||||
15 | the claimant under paragraph (c) of Section 8 of this Act | ||||||
16 | must be filed within 2 years after the person asserting | ||||||
17 | such claim is either issued a certificate of innocence as | ||||||
18 | provided in Section 2-702 of the Code of Civil Procedure, | ||||||
19 | or is granted a pardon by the Governor, whichever occurs | ||||||
20 | later.
| ||||||
21 | (d) All claims arising under paragraph (f) of Section | ||||||
22 | 8 of this Act must
be filed within the time set forth in | ||||||
23 | Section 3 of the Line of Duty Compensation Act.
| ||||||
24 | (e) All claims arising under paragraph (h) of Section | ||||||
25 | 8 of this Act must
be filed within one year of the date of | ||||||
26 | the death of the guardsman or
militiaman as provided in |
| |||||||
| |||||||
1 | Section 3 of the " Illinois National Guardsman's
and Naval | ||||||
2 | Militiaman's Compensation Act ", approved August 12, 1971, | ||||||
3 | as amended .
| ||||||
4 | (f) All claims arising under paragraph (g) of Section | ||||||
5 | 8 of this Act must
be filed within one year of the crime on | ||||||
6 | which a claim is based as
provided in Section 6.1 of the | ||||||
7 | " Crime Victims Compensation Act ", approved
August 23, | ||||||
8 | 1973, as amended .
| ||||||
9 | (g) All claims arising from the Comptroller's refusal | ||||||
10 | to issue a
replacement warrant pursuant to Section 10.10 | ||||||
11 | of the State Comptroller Act
must be filed within 5 years | ||||||
12 | after the date of the Comptroller's refusal.
| ||||||
13 | (h) All other claims must be filed within 2 years | ||||||
14 | after it first accrues,
saving to minors, and persons | ||||||
15 | under legal disability at the time the claim
accrues, in | ||||||
16 | which case the claim must be filed within 2 years from the | ||||||
17 | time
the disability ceases.
| ||||||
18 | (i) The changes made by Public Act 86-458 apply to all
| ||||||
19 | warrants issued within the 5-year 5 year period preceding | ||||||
20 | August 31, 1989 (the effective date of Public Act 86-458).
| ||||||
21 | The changes made to this Section by Public Act 100-1124 | ||||||
22 | this amendatory Act of the 100th General Assembly apply to | ||||||
23 | claims pending on November 27, 2018 ( the effective date of | ||||||
24 | Public Act 100-1124) this amendatory Act of the 100th | ||||||
25 | General Assembly and to claims filed thereafter.
| ||||||
26 | (j) All time limitations established under this Act |
| |||||||
| |||||||
1 | and the rules
promulgated under this Act shall be binding | ||||||
2 | and jurisdictional, except upon
extension authorized by | ||||||
3 | law or rule and granted pursuant to a motion timely filed.
| ||||||
4 | (Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
| ||||||
5 | Section 715. The Criminal Code of 2012 is amended by | ||||||
6 | changing Sections 2-13, 3-6, 9-3.2, 12-2, 28-1, 28-2, 28-3, | ||||||
7 | 28-5, and 29B-21 as follows:
| ||||||
8 | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| ||||||
9 | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||||||
10 | person who by
virtue of his office or public
employment is | ||||||
11 | vested by law with a duty to maintain public order or to make
| ||||||
12 | arrests for offenses, whether that duty extends to all | ||||||
13 | offenses or is
limited to specific offenses, or (ii) any | ||||||
14 | person who, by statute, is granted and authorized to exercise | ||||||
15 | powers similar to those conferred upon any peace officer | ||||||
16 | employed by a law enforcement agency of this State.
| ||||||
17 | For purposes of Sections concerning unlawful use of | ||||||
18 | weapons,
for the purposes of assisting an Illinois peace | ||||||
19 | officer in an arrest, or when
the commission of any offense | ||||||
20 | under Illinois law is directly observed by the
person, and | ||||||
21 | statutes involving the false personation of a peace officer, | ||||||
22 | false personation of a peace officer while carrying a deadly | ||||||
23 | weapon, false personation of a peace officer in attempting or | ||||||
24 | committing a felony, and false personation of a peace officer |
| |||||||
| |||||||
1 | in attempting or committing a forcible felony, then officers, | ||||||
2 | agents, or employees of the federal government
commissioned by
| ||||||
3 | federal statute to make arrests for violations of federal | ||||||
4 | criminal laws
shall be considered "peace officers" under this | ||||||
5 | Code, including, but not
limited to , all criminal | ||||||
6 | investigators of:
| ||||||
7 | (1) the United States Department of Justice, the | ||||||
8 | Federal Bureau of
Investigation, and the Drug Enforcement | ||||||
9 | Administration Agency and all United States Marshals or | ||||||
10 | Deputy United States Marshals whose
duties involve the | ||||||
11 | enforcement of federal criminal laws;
| ||||||
12 | (1.5) the United States Department of Homeland | ||||||
13 | Security, United States Citizenship and Immigration | ||||||
14 | Services,
United States Coast Guard, United States Customs | ||||||
15 | and Border Protection,
and United States Immigration and | ||||||
16 | Customs Enforcement; | ||||||
17 | (2) the United States Department of the Treasury, the | ||||||
18 | Alcohol and Tobacco Tax and Trade Bureau, and the United | ||||||
19 | States Secret Service;
| ||||||
20 | (3) the United States Internal Revenue Service;
| ||||||
21 | (4) the United States General Services Administration;
| ||||||
22 | (5) the United States Postal Service;
| ||||||
23 | (6) (blank); and
| ||||||
24 | (7) the United States Department of Defense.
| ||||||
25 | (Source: P.A. 99-651, eff. 1-1-17; revised 8-28-20.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| ||||||
2 | Sec. 3-6. Extended limitations. The period within which a | ||||||
3 | prosecution
must be commenced under the provisions of Section | ||||||
4 | 3-5 or other applicable
statute is extended under the | ||||||
5 | following conditions:
| ||||||
6 | (a) A prosecution for theft involving a breach of a | ||||||
7 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
8 | as follows:
| ||||||
9 | (1) If the aggrieved person is a minor or a person | ||||||
10 | under legal disability,
then during the minority or legal | ||||||
11 | disability or within one year after the
termination | ||||||
12 | thereof.
| ||||||
13 | (2) In any other instance, within one year after the | ||||||
14 | discovery of the
offense by an aggrieved person, or by a | ||||||
15 | person who has legal capacity to
represent an aggrieved | ||||||
16 | person or has a legal duty to report the offense,
and is | ||||||
17 | not himself or herself a party to the offense; or in the | ||||||
18 | absence of such
discovery, within one year after the | ||||||
19 | proper prosecuting officer becomes
aware of the offense. | ||||||
20 | However, in no such case is the period of limitation
so | ||||||
21 | extended more than 3 years beyond the expiration of the | ||||||
22 | period otherwise
applicable.
| ||||||
23 | (b) A prosecution for any offense based upon misconduct in | ||||||
24 | office by a
public officer or employee may be commenced within | ||||||
25 | one year after discovery
of the offense by a person having a | ||||||
26 | legal duty to report such offense, or
in the absence of such |
| |||||||
| |||||||
1 | discovery, within one year after the proper
prosecuting | ||||||
2 | officer becomes aware of the offense. However, in no such case
| ||||||
3 | is the period of limitation so extended more than 3 years | ||||||
4 | beyond the
expiration of the period otherwise applicable.
| ||||||
5 | (b-5) When the victim is under 18 years of age at the time | ||||||
6 | of the offense, a prosecution for involuntary servitude, | ||||||
7 | involuntary sexual servitude of a minor, or trafficking in | ||||||
8 | persons and related offenses under Section 10-9 of this Code | ||||||
9 | may be commenced within 25 years of the victim attaining the | ||||||
10 | age of 18 years. | ||||||
11 | (b-6) When the victim is 18 years of age or over at the | ||||||
12 | time of the offense, a prosecution for involuntary servitude, | ||||||
13 | involuntary sexual servitude of a minor, or trafficking in | ||||||
14 | persons and related offenses under Section 10-9 of this Code | ||||||
15 | may be commenced within 25 years after the commission of the | ||||||
16 | offense. | ||||||
17 | (b-7) (b-6) When the victim is under 18 years of age at the | ||||||
18 | time of the offense, a prosecution for female genital | ||||||
19 | mutilation may be commenced at any time. | ||||||
20 | (c) (Blank).
| ||||||
21 | (d) A prosecution for child pornography, aggravated child | ||||||
22 | pornography, indecent
solicitation of a
child, soliciting for | ||||||
23 | a juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
24 | child, or promoting juvenile prostitution except for keeping a | ||||||
25 | place of juvenile prostitution may be commenced within one | ||||||
26 | year of the victim
attaining the age of 18 years. However, in |
| |||||||
| |||||||
1 | no such case shall the time
period for prosecution expire | ||||||
2 | sooner than 3 years after the commission of
the offense.
| ||||||
3 | (e) Except as otherwise provided in subdivision (j), a | ||||||
4 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
5 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
6 | the defendant
was within a professional or fiduciary | ||||||
7 | relationship or a purported
professional or fiduciary | ||||||
8 | relationship with the victim at the
time of the commission of | ||||||
9 | the offense may be commenced within one year
after the | ||||||
10 | discovery of the offense by the victim.
| ||||||
11 | (f) A prosecution for any offense set forth in Section 44
| ||||||
12 | of the Environmental Protection Act
may be commenced within 5 | ||||||
13 | years after the discovery of such
an offense by a person or | ||||||
14 | agency having the legal duty to report the
offense or in the | ||||||
15 | absence of such discovery, within 5 years
after the proper | ||||||
16 | prosecuting officer becomes aware of the offense.
| ||||||
17 | (f-5) A prosecution for any offense set forth in Section | ||||||
18 | 16-30 of this Code may be commenced within 5 years after the | ||||||
19 | discovery of the offense by the victim of that offense.
| ||||||
20 | (g) (Blank).
| ||||||
21 | (h) (Blank).
| ||||||
22 | (i) Except as otherwise provided in subdivision (j), a | ||||||
23 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
24 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
25 | commenced at any time. If the victim consented to the | ||||||
26 | collection of evidence using an Illinois State Police Sexual |
| |||||||
| |||||||
1 | Assault Evidence Collection Kit under the Sexual Assault | ||||||
2 | Survivors Emergency Treatment Act, it shall constitute | ||||||
3 | reporting for purposes of this Section.
| ||||||
4 | Nothing in this subdivision (i) shall be construed to
| ||||||
5 | shorten a period within which a prosecution must be commenced | ||||||
6 | under any other
provision of this Section.
| ||||||
7 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
8 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
9 | years of the commission of the offense if it arises out of the | ||||||
10 | same course of conduct and meets the criteria under one of the | ||||||
11 | offenses in subsection (i) of this Section. | ||||||
12 | (j) (1) When the victim is under 18 years of age at the | ||||||
13 | time of the offense, a
prosecution
for criminal sexual | ||||||
14 | assault, aggravated criminal sexual assault, predatory
| ||||||
15 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
16 | abuse, felony criminal sexual abuse, or female genital | ||||||
17 | mutilation may be commenced at any time. | ||||||
18 | (2) When in circumstances other than as described in | ||||||
19 | paragraph (1) of this subsection (j), when the victim is under | ||||||
20 | 18 years of age at the time of the offense, a prosecution for | ||||||
21 | failure of a person who is required to report an alleged
or | ||||||
22 | suspected commission of criminal sexual assault, aggravated | ||||||
23 | criminal sexual assault, predatory criminal sexual assault of | ||||||
24 | a child, aggravated criminal sexual abuse, or felony criminal | ||||||
25 | sexual abuse under the Abused and Neglected
Child Reporting | ||||||
26 | Act may be
commenced within 20 years after the child victim |
| |||||||
| |||||||
1 | attains 18
years of age. | ||||||
2 | (3) When the victim is under 18 years of age at the time of | ||||||
3 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
4 | abuse may be
commenced within 10 years after the child victim | ||||||
5 | attains 18
years of age.
| ||||||
6 | (4) Nothing in this subdivision (j) shall be construed to
| ||||||
7 | shorten a period within which a prosecution must be commenced | ||||||
8 | under any other
provision of this Section.
| ||||||
9 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
10 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
11 | time if it arises out of the same course of conduct and meets | ||||||
12 | the criteria under one of the offenses in subsection (j) of | ||||||
13 | this Section. | ||||||
14 | (k) (Blank).
| ||||||
15 | (l) A prosecution for any offense set forth in Section | ||||||
16 | 26-4 of this Code may be commenced within one year after the | ||||||
17 | discovery of the offense by the victim of that offense. | ||||||
18 | (l-5) A prosecution for any offense involving sexual | ||||||
19 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
20 | this Code, in which the victim was 18 years of age or older at | ||||||
21 | the time of the offense, may be commenced within one year after | ||||||
22 | the discovery of the offense by the victim when corroborating | ||||||
23 | physical evidence is available. The charging document shall | ||||||
24 | state that the statute of limitations is extended under this | ||||||
25 | subsection (l-5) and shall state the circumstances justifying | ||||||
26 | the extension.
Nothing in this subsection (l-5) shall be |
| |||||||
| |||||||
1 | construed to shorten a period within which a prosecution must | ||||||
2 | be commenced under any other provision of this Section or | ||||||
3 | Section 3-5 of this Code. | ||||||
4 | (m) The prosecution shall not be required to prove at | ||||||
5 | trial facts which extend the general limitations in Section | ||||||
6 | 3-5 of this Code when the facts supporting extension of the | ||||||
7 | period of general limitations are properly pled in the | ||||||
8 | charging document. Any challenge relating to the extension of | ||||||
9 | the general limitations period as defined in this Section | ||||||
10 | shall be exclusively conducted under Section 114-1 of the Code | ||||||
11 | of Criminal Procedure of 1963. | ||||||
12 | (n) A prosecution for any offense set forth in subsection | ||||||
13 | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||||||
14 | Illinois Public Aid Code, in which the total amount of money | ||||||
15 | involved is $5,000 or more, including the monetary value of | ||||||
16 | food stamps and the value of commodities under Section 16-1 of | ||||||
17 | this Code may be commenced within 5 years of the last act | ||||||
18 | committed in furtherance of the offense. | ||||||
19 | (Source: P.A. 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; | ||||||
20 | 100-434, eff. 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. | ||||||
21 | 1-1-19; 100-1010, eff. 1-1-19; 100-1087, eff. 1-1-19; 101-18, | ||||||
22 | eff. 1-1-20; 101-81, eff. 7-12-19; 101-130, eff. 1-1-20; | ||||||
23 | 101-285, eff. 1-1-20; revised 9-23-19.)
| ||||||
24 | (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
| ||||||
25 | Sec. 9-3.2. Involuntary manslaughter and reckless homicide |
| |||||||
| |||||||
1 | of an
unborn child. | ||||||
2 | (a) A person who unintentionally kills an unborn child
| ||||||
3 | without lawful justification commits involuntary manslaughter | ||||||
4 | of an unborn
child if his acts whether lawful or unlawful which | ||||||
5 | cause the death are such
as are likely to cause death or great | ||||||
6 | bodily harm to some individual, and
he performs them | ||||||
7 | recklessly, except in cases in which the cause of death
| ||||||
8 | consists of the driving of a motor vehicle, in which case the | ||||||
9 | person
commits reckless homicide of an unborn child.
| ||||||
10 | (b) Sentence.
| ||||||
11 | (1) Involuntary manslaughter of an unborn child is a | ||||||
12 | Class 3 felony.
| ||||||
13 | (2) Reckless homicide of an unborn child is a Class 3 | ||||||
14 | felony.
| ||||||
15 | (c) For purposes of this Section, (1) "unborn child" shall | ||||||
16 | mean any
individual of the human species from the implantation | ||||||
17 | of an embryo until birth, and (2)
"person" shall not include | ||||||
18 | the pregnant individual whose unborn child is killed.
| ||||||
19 | (d) This Section shall not apply to acts which cause the | ||||||
20 | death of an
unborn child if those acts were committed during | ||||||
21 | any abortion, as defined
in Section 1-10 of the Reproductive | ||||||
22 | Health Act, , to which the
pregnant individual has
consented. | ||||||
23 | This Section shall not apply to acts which were committed
| ||||||
24 | pursuant to usual and customary standards of medical practice | ||||||
25 | during
diagnostic testing or therapeutic treatment.
| ||||||
26 | (e) The provisions of this Section shall not be construed |
| |||||||
| |||||||
1 | to prohibit
the prosecution of any person under any other | ||||||
2 | provision of law, nor shall
it be construed to preclude any | ||||||
3 | civil cause of action.
| ||||||
4 | (Source: P.A. 101-13, eff. 6-12-19; revised 7-23-19.)
| ||||||
5 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
6 | Sec. 12-2. Aggravated assault.
| ||||||
7 | (a) Offense based on location of conduct. A person commits | ||||||
8 | aggravated assault when he or she commits an assault against | ||||||
9 | an individual who is on or about a public way, public property, | ||||||
10 | a public place of accommodation or amusement, or a sports | ||||||
11 | venue, or in a church, synagogue, mosque, or other building, | ||||||
12 | structure, or place used for religious worship. | ||||||
13 | (b) Offense based on status of victim. A person commits | ||||||
14 | aggravated assault when, in committing an assault, he or she | ||||||
15 | knows the individual assaulted to be any of the following: | ||||||
16 | (1) A person with a physical disability or a person 60 | ||||||
17 | years of age or older and the assault is without legal | ||||||
18 | justification. | ||||||
19 | (2) A teacher or school employee upon school grounds | ||||||
20 | or grounds adjacent to a school or in any part of a | ||||||
21 | building used for school purposes. | ||||||
22 | (3) A park district employee upon park grounds or | ||||||
23 | grounds adjacent to a park or in any part of a building | ||||||
24 | used for park purposes. | ||||||
25 | (4) A community policing volunteer, private security |
| |||||||
| |||||||
1 | officer, or utility worker: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) assaulted to prevent performance of his or | ||||||
4 | her official duties; or | ||||||
5 | (iii) assaulted in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (4.1) A peace officer, fireman, emergency management | ||||||
8 | worker, or emergency medical services personnel: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) assaulted to prevent performance of his or | ||||||
11 | her official duties; or | ||||||
12 | (iii) assaulted in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (5) A correctional officer or probation officer: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) assaulted to prevent performance of his or | ||||||
17 | her official duties; or | ||||||
18 | (iii) assaulted in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (6) A correctional institution employee, a county | ||||||
21 | juvenile detention center employee who provides direct and | ||||||
22 | continuous supervision of residents of a juvenile | ||||||
23 | detention center, including a county juvenile detention | ||||||
24 | center employee who supervises recreational activity for | ||||||
25 | residents of a juvenile detention center, or a Department | ||||||
26 | of Human Services employee, Department of Human Services |
| |||||||
| |||||||
1 | officer, or employee of a subcontractor of the Department | ||||||
2 | of Human Services supervising or controlling sexually | ||||||
3 | dangerous persons or sexually violent persons: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) assaulted to prevent performance of his or | ||||||
6 | her official duties; or | ||||||
7 | (iii) assaulted in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (7) An employee of the State of Illinois, a municipal | ||||||
10 | corporation therein, or a political subdivision thereof, | ||||||
11 | performing his or her official duties. | ||||||
12 | (8) A transit employee performing his or her official | ||||||
13 | duties, or a transit passenger. | ||||||
14 | (9) A sports official or coach actively participating | ||||||
15 | in any level of athletic competition within a sports | ||||||
16 | venue, on an indoor playing field or outdoor playing | ||||||
17 | field, or within the immediate vicinity of such a facility | ||||||
18 | or field. | ||||||
19 | (10) A person authorized to serve process under | ||||||
20 | Section 2-202 of the Code of Civil Procedure or a special | ||||||
21 | process server appointed by the circuit court, while that | ||||||
22 | individual is in the performance of his or her duties as a | ||||||
23 | process server. | ||||||
24 | (c) Offense based on use of firearm, device, or motor | ||||||
25 | vehicle. A person commits aggravated assault when, in | ||||||
26 | committing an assault, he or she does any of the following: |
| |||||||
| |||||||
1 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
2 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
3 | and designed to be substantially similar in appearance to | ||||||
4 | a firearm, other than by discharging a firearm. | ||||||
5 | (2) Discharges a firearm, other than from a motor | ||||||
6 | vehicle. | ||||||
7 | (3) Discharges a firearm from a motor vehicle. | ||||||
8 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
9 | identity. | ||||||
10 | (5) Knowingly and without lawful justification shines | ||||||
11 | or flashes a laser gun sight or other laser device | ||||||
12 | attached to a firearm, or used in concert with a firearm, | ||||||
13 | so that the laser beam strikes near or in the immediate | ||||||
14 | vicinity of any person. | ||||||
15 | (6) Uses a firearm, other than by discharging the | ||||||
16 | firearm, against a peace officer, community policing | ||||||
17 | volunteer, fireman, private security officer, emergency | ||||||
18 | management worker, emergency medical services personnel, | ||||||
19 | employee of a police department, employee of a sheriff's | ||||||
20 | department, or traffic control municipal employee: | ||||||
21 | (i) performing his or her official duties; | ||||||
22 | (ii) assaulted to prevent performance of his or | ||||||
23 | her official duties; or | ||||||
24 | (iii) assaulted in retaliation for performing his | ||||||
25 | or her official duties. | ||||||
26 | (7) Without justification operates a motor vehicle in |
| |||||||
| |||||||
1 | a manner which places a person, other than a person listed | ||||||
2 | in subdivision (b)(4), in reasonable apprehension of being | ||||||
3 | struck by the moving motor vehicle. | ||||||
4 | (8) Without justification operates a motor vehicle in | ||||||
5 | a manner which places a person listed in subdivision | ||||||
6 | (b)(4), in reasonable apprehension of being struck by the | ||||||
7 | moving motor vehicle. | ||||||
8 | (9) Knowingly video or audio records the offense with | ||||||
9 | the intent to disseminate the recording. | ||||||
10 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
11 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
12 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except | ||||||
13 | that aggravated assault as defined in subdivision (b)(4) and | ||||||
14 | (b)(7) is a Class 4 felony if a Category I, Category II, or | ||||||
15 | Category III weapon is used in the commission of the assault. | ||||||
16 | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | ||||||
17 | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class | ||||||
18 | 4 felony. Aggravated assault as defined in subdivision (c)(3) | ||||||
19 | or (c)(8) is a Class 3 felony. | ||||||
20 | (e) For the purposes of this Section, "Category I weapon", | ||||||
21 | "Category II weapon " , and "Category III weapon" have the | ||||||
22 | meanings ascribed to those terms in Section 33A-1 of this | ||||||
23 | Code.
| ||||||
24 | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| ||||||
25 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
|
| |||||||
| |||||||
1 | Sec. 28-1. Gambling.
| ||||||
2 | (a) A person commits gambling when he or she:
| ||||||
3 | (1) knowingly plays a game of chance or skill for | ||||||
4 | money or other thing of
value, unless excepted in | ||||||
5 | subsection (b) of this Section;
| ||||||
6 | (2) knowingly makes a wager upon the result of any | ||||||
7 | game, contest, or any
political nomination, appointment or | ||||||
8 | election;
| ||||||
9 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
10 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
11 | manufactures or distributes any
gambling device;
| ||||||
12 | (4) contracts to have or give himself or herself or | ||||||
13 | another the option to buy
or sell, or contracts to buy or | ||||||
14 | sell, at a future time, any grain or
other commodity | ||||||
15 | whatsoever, or any stock or security of any company,
where | ||||||
16 | it is at the time of making such contract intended by both | ||||||
17 | parties
thereto that the contract to buy or sell, or the | ||||||
18 | option, whenever
exercised, or the contract resulting | ||||||
19 | therefrom, shall be settled, not by
the receipt or | ||||||
20 | delivery of such property, but by the payment only of
| ||||||
21 | differences in prices thereof; however, the issuance, | ||||||
22 | purchase, sale,
exercise, endorsement or guarantee, by or | ||||||
23 | through a person registered
with the Secretary of State | ||||||
24 | pursuant to Section 8 of the Illinois
Securities Law of | ||||||
25 | 1953, or by or through a person exempt from such
| ||||||
26 | registration under said Section 8, of a put, call, or |
| |||||||
| |||||||
1 | other option to
buy or sell securities which have been | ||||||
2 | registered with the Secretary of
State or which are exempt | ||||||
3 | from such registration under Section 3 of the
Illinois | ||||||
4 | Securities Law of 1953 is not gambling within the meaning | ||||||
5 | of
this paragraph (4);
| ||||||
6 | (5) knowingly owns or possesses any book, instrument | ||||||
7 | or apparatus by
means of which bets or wagers have been, or | ||||||
8 | are, recorded or registered,
or knowingly possesses any | ||||||
9 | money which he has received in the course of
a bet or | ||||||
10 | wager;
| ||||||
11 | (6) knowingly sells pools upon the result of any game | ||||||
12 | or contest of skill or
chance, political nomination, | ||||||
13 | appointment or election;
| ||||||
14 | (7) knowingly sets up or promotes any lottery or | ||||||
15 | sells, offers to sell or
transfers any ticket or share for | ||||||
16 | any lottery;
| ||||||
17 | (8) knowingly sets up or promotes any policy game or | ||||||
18 | sells, offers to sell or
knowingly possesses or transfers | ||||||
19 | any policy ticket, slip, record,
document or other similar | ||||||
20 | device;
| ||||||
21 | (9) knowingly drafts, prints or publishes any lottery | ||||||
22 | ticket or share,
or any policy ticket, slip, record, | ||||||
23 | document or similar device, except for
such activity | ||||||
24 | related to lotteries, bingo games and raffles authorized | ||||||
25 | by
and conducted in accordance with the laws of Illinois | ||||||
26 | or any other state or
foreign government;
|
| |||||||
| |||||||
1 | (10) knowingly advertises any lottery or policy game, | ||||||
2 | except for such
activity related to lotteries, bingo games | ||||||
3 | and raffles authorized by and
conducted in accordance with | ||||||
4 | the laws of Illinois or any other state;
| ||||||
5 | (11) knowingly transmits information as to wagers, | ||||||
6 | betting odds, or
changes in betting odds by telephone, | ||||||
7 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
8 | installs or maintains equipment for the
transmission or | ||||||
9 | receipt of such information; except that nothing in this
| ||||||
10 | subdivision (11) prohibits transmission or receipt of such | ||||||
11 | information
for use in news reporting of sporting events | ||||||
12 | or contests; or
| ||||||
13 | (12) knowingly establishes, maintains, or operates an | ||||||
14 | Internet site that
permits a person to play a game of
| ||||||
15 | chance or skill for money or other thing of value by means | ||||||
16 | of the Internet or
to make a wager upon the
result of any | ||||||
17 | game, contest, political nomination, appointment, or
| ||||||
18 | election by means of the Internet. This item (12) does not | ||||||
19 | apply to activities referenced in items (6), (6.1), (8), | ||||||
20 | and (8.1), and (15) of subsection (b) of this Section.
| ||||||
21 | (b) Participants in any of the following activities shall | ||||||
22 | not be
convicted of gambling:
| ||||||
23 | (1) Agreements to compensate for loss caused by the | ||||||
24 | happening of
chance including without limitation contracts | ||||||
25 | of indemnity or guaranty
and life or health or accident | ||||||
26 | insurance.
|
| |||||||
| |||||||
1 | (2) Offers of prizes, award or compensation to the | ||||||
2 | actual
contestants in any bona fide contest for the | ||||||
3 | determination of skill,
speed, strength or endurance or to | ||||||
4 | the owners of animals or vehicles
entered in such contest.
| ||||||
5 | (3) Pari-mutuel betting as authorized by the law of | ||||||
6 | this State.
| ||||||
7 | (4) Manufacture of gambling devices, including the | ||||||
8 | acquisition of
essential parts therefor and the assembly | ||||||
9 | thereof, for transportation in
interstate or foreign | ||||||
10 | commerce to any place outside this State when such
| ||||||
11 | transportation is not prohibited by any applicable Federal | ||||||
12 | law; or the
manufacture, distribution, or possession of | ||||||
13 | video gaming terminals, as
defined in the Video Gaming | ||||||
14 | Act, by manufacturers, distributors, and
terminal | ||||||
15 | operators licensed to do so under the Video Gaming Act.
| ||||||
16 | (5) The game commonly known as "bingo", when conducted | ||||||
17 | in accordance
with the Bingo License and Tax Act.
| ||||||
18 | (6) Lotteries when conducted by the State of Illinois | ||||||
19 | in accordance
with the Illinois Lottery Law. This | ||||||
20 | exemption includes any activity conducted by the | ||||||
21 | Department of Revenue to sell lottery tickets pursuant to | ||||||
22 | the provisions of the Illinois Lottery Law and its rules.
| ||||||
23 | (6.1) The purchase of lottery tickets through the | ||||||
24 | Internet for a lottery conducted by the State of Illinois | ||||||
25 | under the program established in Section 7.12 of the | ||||||
26 | Illinois Lottery Law.
|
| |||||||
| |||||||
1 | (7) Possession of an antique slot machine that is | ||||||
2 | neither used nor
intended to be used in the operation or | ||||||
3 | promotion of any unlawful
gambling activity or enterprise. | ||||||
4 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
5 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
6 | (8) Raffles and poker runs when conducted in | ||||||
7 | accordance with the Raffles and Poker Runs Act.
| ||||||
8 | (8.1) The purchase of raffle chances for a raffle | ||||||
9 | conducted in accordance with the Raffles and Poker Runs | ||||||
10 | Act. | ||||||
11 | (9) Charitable games when conducted in accordance with | ||||||
12 | the Charitable
Games Act.
| ||||||
13 | (10) Pull tabs and jar games when conducted under the | ||||||
14 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
15 | (11) Gambling games when
authorized by the Illinois | ||||||
16 | Gambling Act.
| ||||||
17 | (12) Video gaming terminal games at a licensed | ||||||
18 | establishment, licensed truck stop establishment, licensed | ||||||
19 | large truck stop establishment,
licensed
fraternal | ||||||
20 | establishment, or licensed veterans establishment when
| ||||||
21 | conducted in accordance with the Video Gaming Act. | ||||||
22 | (13) Games of skill or chance where money or other | ||||||
23 | things of value can be won but no payment or purchase is | ||||||
24 | required to participate. | ||||||
25 | (14) Savings promotion raffles authorized under | ||||||
26 | Section 5g of the Illinois Banking Act, Section 7008 of |
| |||||||
| |||||||
1 | the Savings Bank Act, Section 42.7 of the Illinois Credit | ||||||
2 | Union Act, Section 5136B of the National Bank Act (12 | ||||||
3 | U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 | ||||||
4 | U.S.C. 1463). | ||||||
5 | (15) Sports wagering when conducted in accordance with | ||||||
6 | the Sports Wagering Act. | ||||||
7 | (c) Sentence.
| ||||||
8 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
9 | conviction under subsections (a)(3) through (a)(12),
is a | ||||||
10 | Class 4 felony.
| ||||||
11 | (d) Circumstantial evidence.
| ||||||
12 | In prosecutions under
this
Section circumstantial evidence | ||||||
13 | shall have the same validity and weight as
in any criminal | ||||||
14 | prosecution.
| ||||||
15 | (Source: P.A. 101-31, Article 25, Section 25-915, eff. | ||||||
16 | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; | ||||||
17 | 101-109, eff. 7-19-19; revised 8-6-19.)
| ||||||
18 | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| ||||||
19 | Sec. 28-2. Definitions.
| ||||||
20 | (a) A "gambling device" is any clock, tape machine, slot | ||||||
21 | machine or
other machines or device for the reception of money | ||||||
22 | or other thing of value
on chance or skill or upon the action | ||||||
23 | of which money or other thing of
value is staked, hazarded, | ||||||
24 | bet, won , or lost; or any mechanism, furniture,
fixture, | ||||||
25 | equipment , or other device designed primarily for use in a |
| |||||||
| |||||||
1 | gambling
place. A "gambling device" does not include:
| ||||||
2 | (1) A coin-in-the-slot operated mechanical device | ||||||
3 | played for amusement
which rewards the player with the | ||||||
4 | right to replay such mechanical device,
which device is so | ||||||
5 | constructed or devised as to make such result of the
| ||||||
6 | operation thereof depend in part upon the skill of the | ||||||
7 | player and which
returns to the player thereof no money, | ||||||
8 | property , or right to receive money
or property.
| ||||||
9 | (2) Vending machines by which full and adequate return | ||||||
10 | is made for the
money invested and in which there is no | ||||||
11 | element of chance or hazard.
| ||||||
12 | (3) A crane game. For the purposes of this paragraph | ||||||
13 | (3), a "crane
game" is an amusement device involving | ||||||
14 | skill, if it rewards the player
exclusively with | ||||||
15 | merchandise contained within the amusement device proper
| ||||||
16 | and limited to toys, novelties , and prizes other than | ||||||
17 | currency, each having
a wholesale value which is not more | ||||||
18 | than $25.
| ||||||
19 | (4) A redemption machine. For the purposes of this | ||||||
20 | paragraph (4), a
"redemption machine" is a single-player | ||||||
21 | or multi-player amusement device
involving a game, the | ||||||
22 | object of which is throwing, rolling, bowling,
shooting, | ||||||
23 | placing, or propelling a ball or other object that is | ||||||
24 | either physical or computer generated on a display or with | ||||||
25 | lights into, upon, or
against a hole or other target that | ||||||
26 | is either physical or computer generated on a display or |
| |||||||
| |||||||
1 | with lights, or stopping, by physical, mechanical, or | ||||||
2 | electronic means, a moving object that is either physical | ||||||
3 | or computer generated on a display or with lights into, | ||||||
4 | upon, or
against a hole or other target that is either | ||||||
5 | physical or computer generated on a display or with | ||||||
6 | lights, provided that all of the following
conditions are | ||||||
7 | met:
| ||||||
8 | (A) The outcome of the game is predominantly | ||||||
9 | determined by the
skill of the player.
| ||||||
10 | (B) The award of the prize is based solely upon the | ||||||
11 | player's
achieving the object of the game or otherwise | ||||||
12 | upon the player's score.
| ||||||
13 | (C) Only merchandise prizes are awarded.
| ||||||
14 | (D) The wholesale value of prizes awarded in lieu | ||||||
15 | of tickets
or tokens for single play of the device does | ||||||
16 | not exceed $25.
| ||||||
17 | (E) The redemption value of tickets, tokens, and | ||||||
18 | other representations
of value, which may be | ||||||
19 | accumulated by players to redeem prizes of greater
| ||||||
20 | value, for a single play of the device does not exceed | ||||||
21 | $25.
| ||||||
22 | (5) Video gaming terminals at a licensed | ||||||
23 | establishment, licensed truck stop establishment,
licensed | ||||||
24 | large truck stop establishment, licensed
fraternal | ||||||
25 | establishment, or licensed veterans establishment licensed | ||||||
26 | in accordance with the Video Gaming Act. |
| |||||||
| |||||||
1 | (a-5) "Internet" means an interactive computer service or | ||||||
2 | system or an
information service, system, or access software | ||||||
3 | provider that provides or
enables computer access by multiple | ||||||
4 | users to a computer server, and includes,
but is not limited | ||||||
5 | to, an information service, system, or access software
| ||||||
6 | provider that provides access to a network system commonly | ||||||
7 | known as the
Internet, or any comparable system or service and | ||||||
8 | also includes, but is not
limited to, a World Wide Web page, | ||||||
9 | newsgroup, message board, mailing list, or
chat area on any | ||||||
10 | interactive computer service or system or other online
| ||||||
11 | service.
| ||||||
12 | (a-6) "Access" has the meaning ascribed to the term in | ||||||
13 | Section 17-55.
| ||||||
14 | (a-7) "Computer" has the meaning ascribed to the term in | ||||||
15 | Section 17-0.5. | ||||||
16 | (b) A "lottery" is any scheme or procedure whereby one or | ||||||
17 | more prizes
are distributed by chance among persons who have | ||||||
18 | paid or promised
consideration for a chance to win such | ||||||
19 | prizes, whether such scheme or
procedure is called a lottery, | ||||||
20 | raffle, gift, sale , or some other name, excluding savings | ||||||
21 | promotion raffles authorized under Section 5g of the Illinois | ||||||
22 | Banking Act, Section 7008 of the Savings Bank Act, Section | ||||||
23 | 42.7 of the Illinois Credit Union Act, Section 5136B of the | ||||||
24 | National Bank Act (12 U.S.C. 25a), or Section 4 of the Home | ||||||
25 | Owners' Loan Act (12 U.S.C. 1463).
| ||||||
26 | (c) A "policy game" is any scheme or procedure whereby a |
| |||||||
| |||||||
1 | person promises
or guarantees by any instrument, bill, | ||||||
2 | certificate, writing, token , or other
device that any | ||||||
3 | particular number, character, ticket , or certificate shall
in | ||||||
4 | the event of any contingency in the nature of a lottery entitle | ||||||
5 | the
purchaser or holder to receive money, property , or | ||||||
6 | evidence of debt.
| ||||||
7 | (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; | ||||||
8 | revised 8-6-19.)
| ||||||
9 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
10 | Sec. 28-3. Keeping a gambling place. A "gambling place" is | ||||||
11 | any real
estate, vehicle, boat , or any other property | ||||||
12 | whatsoever used for the
purposes of gambling other than | ||||||
13 | gambling conducted in the manner authorized
by the Illinois | ||||||
14 | Gambling Act, the Sports Wagering Act, or the Video Gaming | ||||||
15 | Act. Any person who
knowingly permits any premises
or property | ||||||
16 | owned or occupied by him or under his control to be used as a
| ||||||
17 | gambling place commits a Class A misdemeanor. Each subsequent | ||||||
18 | offense is a
Class 4 felony. When any premises is determined by | ||||||
19 | the circuit court to be
a gambling place:
| ||||||
20 | (a) Such premises is a public nuisance and may be | ||||||
21 | proceeded against as such,
and
| ||||||
22 | (b) All licenses, permits or certificates issued by | ||||||
23 | the State of
Illinois or any subdivision or public agency | ||||||
24 | thereof authorizing the
serving of food or liquor on such | ||||||
25 | premises shall be void; and no license,
permit or |
| |||||||
| |||||||
1 | certificate so cancelled shall be reissued for such | ||||||
2 | premises for
a period of 60 days thereafter; nor shall any | ||||||
3 | person convicted of keeping a
gambling place be reissued | ||||||
4 | such license
for one year from his conviction and, after a | ||||||
5 | second conviction of keeping
a gambling place, any such | ||||||
6 | person shall not be reissued such license, and
| ||||||
7 | (c) Such premises of any person who knowingly permits | ||||||
8 | thereon a
violation of any Section of this Article shall | ||||||
9 | be held liable for, and may
be sold to pay any unsatisfied | ||||||
10 | judgment that may be recovered and any
unsatisfied fine | ||||||
11 | that may be levied under any Section of this Article.
| ||||||
12 | (Source: P.A. 101-31, Article 25, Section 25-915, eff. | ||||||
13 | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; | ||||||
14 | revised 7-12-19.)
| ||||||
15 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
16 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
17 | (a) Every device designed for gambling which is incapable | ||||||
18 | of lawful use
or every device used unlawfully for gambling | ||||||
19 | shall be considered a
"gambling device", and shall be subject | ||||||
20 | to seizure, confiscation and
destruction by the Department of | ||||||
21 | State Police or by any municipal, or other
local authority, | ||||||
22 | within whose jurisdiction the same may be found. As used
in | ||||||
23 | this Section, a "gambling device" includes any slot machine, | ||||||
24 | and
includes any machine or device constructed for the | ||||||
25 | reception of money or
other thing of value and so constructed |
| |||||||
| |||||||
1 | as to return, or to cause someone
to return, on chance to the | ||||||
2 | player thereof money, property or a right to
receive money or | ||||||
3 | property. With the exception of any device designed for
| ||||||
4 | gambling which is incapable of lawful use, no gambling device | ||||||
5 | shall be
forfeited or destroyed unless an individual with a | ||||||
6 | property interest in
said device knows of the unlawful use of | ||||||
7 | the device.
| ||||||
8 | (b) Every gambling device shall be seized and forfeited to | ||||||
9 | the county
wherein such seizure occurs. Any money or other | ||||||
10 | thing of value integrally
related to acts of gambling shall be | ||||||
11 | seized and forfeited to the county
wherein such seizure | ||||||
12 | occurs.
| ||||||
13 | (c) If, within 60 days after any seizure pursuant to | ||||||
14 | subparagraph
(b) of this Section, a person having any property | ||||||
15 | interest in the seized
property is charged with an offense, | ||||||
16 | the court which renders judgment
upon such charge shall, | ||||||
17 | within 30 days after such judgment, conduct a
forfeiture | ||||||
18 | hearing to determine whether such property was a gambling | ||||||
19 | device
at the time of seizure. Such hearing shall be commenced | ||||||
20 | by a written
petition by the State, including material | ||||||
21 | allegations of fact, the name
and address of every person | ||||||
22 | determined by the State to have any property
interest in the | ||||||
23 | seized property, a representation that written notice of
the | ||||||
24 | date, time and place of such hearing has been mailed to every | ||||||
25 | such
person by certified mail at least 10 days before such | ||||||
26 | date, and a
request for forfeiture. Every such person may |
| |||||||
| |||||||
1 | appear as a party and
present evidence at such hearing. The | ||||||
2 | quantum of proof required shall
be a preponderance of the | ||||||
3 | evidence, and the burden of proof shall be on
the State. If the | ||||||
4 | court determines that the seized property was
a gambling | ||||||
5 | device at the time of seizure, an order of forfeiture and
| ||||||
6 | disposition of the seized property shall be entered: a | ||||||
7 | gambling device
shall be received by the State's Attorney, who | ||||||
8 | shall effect its
destruction, except that valuable parts | ||||||
9 | thereof may be liquidated and
the resultant money shall be | ||||||
10 | deposited in the general fund of the county
wherein such | ||||||
11 | seizure occurred; money and other things of value shall be
| ||||||
12 | received by the State's Attorney and, upon liquidation, shall | ||||||
13 | be
deposited in the general fund of the county wherein such | ||||||
14 | seizure
occurred. However, in the event that a defendant | ||||||
15 | raises the defense
that the seized slot machine is an antique | ||||||
16 | slot machine described in
subparagraph (b) (7) of Section 28-1 | ||||||
17 | of this Code and therefore he is
exempt from the charge of a | ||||||
18 | gambling activity participant, the seized
antique slot machine | ||||||
19 | shall not be destroyed or otherwise altered until a
final | ||||||
20 | determination is made by the Court as to whether it is such an
| ||||||
21 | antique slot machine. Upon a final determination by the Court | ||||||
22 | of this
question in favor of the defendant, such slot machine | ||||||
23 | shall be
immediately returned to the defendant. Such order of | ||||||
24 | forfeiture and
disposition shall, for the purposes of appeal, | ||||||
25 | be a final order and
judgment in a civil proceeding.
| ||||||
26 | (d) If a seizure pursuant to subparagraph (b) of this |
| |||||||
| |||||||
1 | Section is not
followed by a charge pursuant to subparagraph | ||||||
2 | (c) of this Section, or if
the prosecution of such charge is | ||||||
3 | permanently terminated or indefinitely
discontinued without | ||||||
4 | any judgment of conviction or acquittal (1) the
State's | ||||||
5 | Attorney shall commence an in rem proceeding for the | ||||||
6 | forfeiture
and destruction of a gambling device, or for the | ||||||
7 | forfeiture and deposit
in the general fund of the county of any | ||||||
8 | seized money or other things of
value, or both, in the circuit | ||||||
9 | court and (2) any person having any
property interest in such | ||||||
10 | seized gambling device, money or other thing
of value may | ||||||
11 | commence separate civil proceedings in the manner provided
by | ||||||
12 | law.
| ||||||
13 | (e) Any gambling device displayed for sale to a riverboat | ||||||
14 | gambling
operation, casino gambling operation, or organization | ||||||
15 | gaming facility or used to train occupational licensees of a | ||||||
16 | riverboat gambling
operation, casino gambling operation, or | ||||||
17 | organization gaming facility as authorized under the Illinois | ||||||
18 | Gambling Act is exempt from
seizure under this Section.
| ||||||
19 | (f) Any gambling equipment, devices, and supplies provided | ||||||
20 | by a licensed
supplier in accordance with the Illinois | ||||||
21 | Gambling Act which are removed
from a riverboat, casino, or | ||||||
22 | organization gaming facility for repair are exempt from | ||||||
23 | seizure under this Section.
| ||||||
24 | (g) The following video gaming terminals are exempt from | ||||||
25 | seizure under this Section: | ||||||
26 | (1) Video gaming terminals for sale to a licensed |
| |||||||
| |||||||
1 | distributor or operator under the Video Gaming Act. | ||||||
2 | (2) Video gaming terminals used to train licensed | ||||||
3 | technicians or licensed terminal handlers. | ||||||
4 | (3) Video gaming terminals that are removed from a | ||||||
5 | licensed establishment, licensed truck stop establishment, | ||||||
6 | licensed large truck stop establishment,
licensed
| ||||||
7 | fraternal establishment, or licensed veterans | ||||||
8 | establishment for repair. | ||||||
9 | (h) Property seized or forfeited under this Section is | ||||||
10 | subject to reporting under the Seizure and Forfeiture | ||||||
11 | Reporting Act. | ||||||
12 | (i) Any sports lottery terminals provided by a central | ||||||
13 | system provider that are removed from a lottery retailer for | ||||||
14 | repair under the Sports Wagering Act are exempt from seizure | ||||||
15 | under this Section. | ||||||
16 | (Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25, | ||||||
17 | Section 25-915, eff. 6-28-19; 101-31, Article 35, Section | ||||||
18 | 35-80, eff. 6-28-19; revised 7-12-19.)
| ||||||
19 | (720 ILCS 5/29B-21) | ||||||
20 | Sec. 29B-21. Attorney's fees. Nothing in this Article | ||||||
21 | applies to property that constitutes reasonable bona fide | ||||||
22 | attorney's fees paid to an attorney for services rendered or | ||||||
23 | to be rendered in the forfeiture proceeding or criminal | ||||||
24 | proceeding relating directly thereto if the property was paid | ||||||
25 | before its seizure and before the issuance of any seizure |
| |||||||
| |||||||
1 | warrant or court order prohibiting transfer of the property | ||||||
2 | and if the attorney, at the time he or she received the | ||||||
3 | property , did not know that it was property subject to | ||||||
4 | forfeiture under this Article.
| ||||||
5 | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18; | ||||||
6 | revised 7-12-19.)
| ||||||
7 | Section 720. The Cannabis Control Act is amended by | ||||||
8 | changing Sections 5.2 and 5.3 as follows:
| ||||||
9 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||||||
10 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||
11 | (a) Any person who violates subsection (e) of Section 5 in | ||||||
12 | any school,
on the real property comprising any school, or any | ||||||
13 | conveyance owned, leased
or contracted by a school to | ||||||
14 | transport students to or from school or a
school related | ||||||
15 | activity, or on any public way within
500 feet of the real | ||||||
16 | property comprising any school, or in any conveyance
owned, | ||||||
17 | leased or contracted by a school to transport students to or | ||||||
18 | from
school or a school related activity, and at the time of | ||||||
19 | the violation persons under the age of 18 are present, the | ||||||
20 | offense is committed during school hours, or the offense is | ||||||
21 | committed at times when persons under the age of 18 are | ||||||
22 | reasonably expected to be present in the school, in the | ||||||
23 | conveyance, on the real property, or on the public way, such as | ||||||
24 | when after-school activities are occurring, is guilty of a |
| |||||||
| |||||||
1 | Class
1 felony, the fine for which shall not exceed $200,000 . ;
| ||||||
2 | (b) Any person who violates subsection (d) of Section 5 in | ||||||
3 | any school,
on the real property comprising any school, or any | ||||||
4 | conveyance owned, leased
or contracted by a school to | ||||||
5 | transport students to or from school or a
school related | ||||||
6 | activity, or on any public way within 500 feet of the real
| ||||||
7 | property comprising any school, or in any conveyance owned, | ||||||
8 | leased or
contracted by a school to transport students to or | ||||||
9 | from school or a school
related activity, and at the time of | ||||||
10 | the violation persons under the age of 18 are present, the | ||||||
11 | offense is committed during school hours, or the offense is | ||||||
12 | committed at times when persons under the age of 18 are | ||||||
13 | reasonably expected to be present in the school, in the | ||||||
14 | conveyance, on the real property, or on the public way, such as | ||||||
15 | when after-school activities are occurring, is guilty of a | ||||||
16 | Class 2 felony, the fine for which shall
not exceed $100,000 . ;
| ||||||
17 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
18 | any school,
on the real property comprising any school, or any | ||||||
19 | conveyance owned, leased
or contracted by a school to | ||||||
20 | transport students to or from school or a
school related | ||||||
21 | activity, or on any public way within 500 feet of the real
| ||||||
22 | property comprising any school, or in any conveyance owned, | ||||||
23 | leased or
contracted by a school to transport students to or | ||||||
24 | from school or a school
related activity, and at the time of | ||||||
25 | the violation persons under the age of 18 are present, the | ||||||
26 | offense is committed during school hours, or the offense is |
| |||||||
| |||||||
1 | committed at times when persons under the age of 18 are | ||||||
2 | reasonably expected to be present in the school, in the | ||||||
3 | conveyance, on the real property, or on the public way, such as | ||||||
4 | when after-school activities are occurring, is guilty of a | ||||||
5 | Class 3 felony, the fine for which shall
not exceed $50,000 . ;
| ||||||
6 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
7 | any school,
on the real property comprising any school, or any | ||||||
8 | conveyance owned, leased
or contracted by a school to | ||||||
9 | transport students to or from school or a
school related | ||||||
10 | activity, or on any public way within 500 feet of the real
| ||||||
11 | property comprising any school, or in any conveyance owned, | ||||||
12 | leased or
contracted by a school to transport students to or | ||||||
13 | from school or a school
related activity, and at the time of | ||||||
14 | the violation persons under the age of 18 are present, the | ||||||
15 | offense is committed during school hours, or the offense is | ||||||
16 | committed at times when persons under the age of 18 are | ||||||
17 | reasonably expected to be present in the school, in the | ||||||
18 | conveyance, on the real property, or on the public way, such as | ||||||
19 | when after-school activities are occurring, is guilty of a | ||||||
20 | Class 4 felony, the fine for which shall
not exceed $25,000 . ;
| ||||||
21 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
22 | any school,
on the real property comprising any school, or in | ||||||
23 | any conveyance owned, leased
or contracted by a school to | ||||||
24 | transport students to or from school or a
school related | ||||||
25 | activity, on any public way within 500 feet of the real
| ||||||
26 | property comprising any school, or any conveyance owned, |
| |||||||
| |||||||
1 | leased or
contracted by a school to transport students to or | ||||||
2 | from school or a school
related activity, and at the time of | ||||||
3 | the violation persons under the age of 18 are present, the | ||||||
4 | offense is committed during school hours, or the offense is | ||||||
5 | committed at times when persons under the age of 18 are | ||||||
6 | reasonably expected to be present in the school, in the | ||||||
7 | conveyance, on the real property, or on the public way, such as | ||||||
8 | when after-school activities are occurring, is guilty of a | ||||||
9 | Class A misdemeanor.
| ||||||
10 | (f) This Section does not apply to a violation that occurs | ||||||
11 | in or on the grounds of a building that is designated as a | ||||||
12 | school but is no longer operational or active as a school, | ||||||
13 | including a building that is temporarily or permanently closed | ||||||
14 | by a unit of local government. | ||||||
15 | (Source: P.A. 100-3, eff. 1-1-18; 101-429, eff. 8-20-19; | ||||||
16 | revised 8-28-20.)
| ||||||
17 | (720 ILCS 550/5.3) | ||||||
18 | Sec. 5.3. Unlawful use of cannabis-based product
| ||||||
19 | manufacturing equipment. | ||||||
20 | (a) A person commits unlawful use of cannabis-based | ||||||
21 | product
manufacturing equipment when he or she knowingly | ||||||
22 | engages in the
possession, procurement, transportation, | ||||||
23 | storage, or delivery
of any equipment used in the | ||||||
24 | manufacturing of any
cannabis-based product using volatile or | ||||||
25 | explosive gas, including, but not limited to,
canisters of |
| |||||||
| |||||||
1 | butane gas, with the intent to manufacture,
compound, covert, | ||||||
2 | produce, derive, process, or prepare either
directly or | ||||||
3 | indirectly any cannabis-based product. | ||||||
4 | (b) This Section does not apply to a cultivation center or | ||||||
5 | cultivation center agent that prepares medical cannabis or | ||||||
6 | cannabis-infused products in compliance with the Compassionate | ||||||
7 | Use of Medical Cannabis Program Act and Department of Public | ||||||
8 | Health and Department of Agriculture rules. | ||||||
9 | (c) Sentence. A person who violates this Section is guilty | ||||||
10 | of a Class 2 felony. | ||||||
11 | (d) This Section does not apply to craft growers, | ||||||
12 | cultivation centers, and infuser organizations licensed under | ||||||
13 | the Cannabis Regulation and Tax Act. | ||||||
14 | (e) This Section does not apply to manufacturers of | ||||||
15 | cannabis-based product manufacturing equipment or transporting | ||||||
16 | organizations with documentation identifying the seller and | ||||||
17 | purchaser of the equipment if the seller or purchaser is a | ||||||
18 | craft grower, cultivation center, or infuser organization | ||||||
19 | licensed under the Cannabis Regulation and Tax Act.
| ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; | ||||||
21 | revised 9-23-19.)
| ||||||
22 | Section 725. The Prevention of Tobacco Use by
Persons | ||||||
23 | under 21 Years of Age and Sale and Distribution of Tobacco | ||||||
24 | Products Act is amended by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| ||||||
2 | Sec. 2. Penalties. | ||||||
3 | (a) Any person who violates subsection (a), (a-5),
| ||||||
4 | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | ||||||
5 | of a petty offense. For the first offense in a 24-month period, | ||||||
6 | the person shall be fined $200 if his or her employer has a | ||||||
7 | training program that facilitates compliance with minimum-age | ||||||
8 | tobacco laws. For the second offense in a 24-month period, the | ||||||
9 | person shall be fined $400 if his or her employer has a | ||||||
10 | training program that facilitates compliance with minimum-age | ||||||
11 | tobacco laws. For the third offense in a 24-month period, the | ||||||
12 | person shall be fined $600 if his or her employer has a | ||||||
13 | training program that facilitates compliance with minimum-age | ||||||
14 | tobacco laws. For the fourth or subsequent offense in a | ||||||
15 | 24-month period, the person shall be fined $800 if his or her | ||||||
16 | employer has a training program that facilitates compliance | ||||||
17 | with minimum-age tobacco laws. For the purposes of this | ||||||
18 | subsection, the 24-month period shall begin with the person's | ||||||
19 | first violation of the Act. The penalties in this subsection | ||||||
20 | are in addition to any other penalties prescribed under the | ||||||
21 | Cigarette Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
22 | (a-5) Any retailer who violates subsection (a), (a-5), | ||||||
23 | (a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty | ||||||
24 | of a petty offense. For the first offense in a 24-month period, | ||||||
25 | the retailer shall be fined $200 if it does not have a training | ||||||
26 | program that facilitates compliance with minimum-age tobacco |
| |||||||
| |||||||
1 | laws. For the second offense in a 24-month period, the | ||||||
2 | retailer shall be fined $400 if it does not have a training | ||||||
3 | program that facilitates compliance with minimum-age tobacco | ||||||
4 | laws. For the third offense within a 24-month period, the | ||||||
5 | retailer shall be fined $600 if it does not have a training | ||||||
6 | program that facilitates compliance with minimum-age tobacco | ||||||
7 | laws. For the fourth or subsequent offense in a 24-month | ||||||
8 | period, the retailer shall be fined $800 if it does not have a | ||||||
9 | training program that facilitates compliance with minimum-age | ||||||
10 | tobacco laws. For the purposes of this subsection, the | ||||||
11 | 24-month period shall begin with the person's first violation | ||||||
12 | of the Act. The penalties in this subsection are in addition to | ||||||
13 | any other penalties prescribed under the Cigarette Tax Act and | ||||||
14 | the Tobacco Products Tax Act of 1995. | ||||||
15 | (a-6) For the purpose of this Act, a training program that | ||||||
16 | facilitates compliance with minimum-age tobacco laws must | ||||||
17 | include at least the following elements: (i) it must explain | ||||||
18 | that only individuals displaying valid identification | ||||||
19 | demonstrating that they are 21 years of age or older shall be | ||||||
20 | eligible to purchase tobacco products, electronic cigarettes, | ||||||
21 | or alternative nicotine products and (ii) it must explain | ||||||
22 | where a clerk can check identification for a date of birth. The | ||||||
23 | training may be conducted electronically. Each retailer that | ||||||
24 | has a training program shall require each employee who | ||||||
25 | completes the training program to sign a form attesting that | ||||||
26 | the employee has received and completed tobacco training. The |
| |||||||
| |||||||
1 | form shall be kept in the employee's file and may be used to | ||||||
2 | provide proof of training.
| ||||||
3 | (b) (Blank). I If a person under 21 years of age violates | ||||||
4 | subsection (a-6) of Section 1, he or she is guilty of a Class A | ||||||
5 | misdemeanor.
| ||||||
6 | (c) (Blank).
| ||||||
7 | (d) (Blank).
| ||||||
8 | (e) (Blank).
| ||||||
9 | (f) (Blank).
| ||||||
10 | (g) (Blank).
| ||||||
11 | (h) All moneys collected as fines for violations of | ||||||
12 | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or
(d) or | ||||||
13 | (a-7) of
Section 1
shall be distributed in the following | ||||||
14 | manner:
| ||||||
15 | (1) one-half of each fine shall be distributed to the | ||||||
16 | unit of local
government or other entity that successfully | ||||||
17 | prosecuted the offender;
and
| ||||||
18 | (2) one-half shall be remitted to the State to be used | ||||||
19 | for enforcing this
Act.
| ||||||
20 | Any violation of subsection (a) or (a-5) of Section 1 | ||||||
21 | shall be reported to the Department of Revenue within 7 | ||||||
22 | business days. | ||||||
23 | (Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19; | ||||||
24 | revised 4-29-19.)
| ||||||
25 | Section 730. The Prevention of Cigarette Sales to Persons |
| |||||||
| |||||||
1 | under 21 Years of Age Act is amended by changing Section 7 as | ||||||
2 | follows:
| ||||||
3 | (720 ILCS 678/7) | ||||||
4 | Sec. 7. Age verification and shipping requirements to | ||||||
5 | prevent delivery sales to persons under 21 years of age. | ||||||
6 | (a) No person, other than a delivery service, shall mail, | ||||||
7 | ship, or otherwise cause to be delivered a shipping package in | ||||||
8 | connection with a delivery sale unless the person: | ||||||
9 | (1) prior to the first delivery sale to the | ||||||
10 | prospective consumer, obtains
from the prospective | ||||||
11 | consumer a written certification which includes a | ||||||
12 | statement signed by the prospective consumer that | ||||||
13 | certifies: | ||||||
14 | (A) the prospective consumer's current address; | ||||||
15 | and | ||||||
16 | (B) that the prospective consumer is at least the | ||||||
17 | legal minimum age; | ||||||
18 | (2) informs, in writing, such prospective consumer | ||||||
19 | that: | ||||||
20 | (A) the signing of another person's name to the | ||||||
21 | certification described in
this Section is illegal; | ||||||
22 | (B) sales of cigarettes to individuals under 21 | ||||||
23 | years of age are
illegal; | ||||||
24 | (C) the purchase of cigarettes by individuals | ||||||
25 | under 21 years of age
is illegal; and |
| |||||||
| |||||||
1 | (D) the name and identity of the prospective | ||||||
2 | consumer may be reported to
the state of the | ||||||
3 | consumer's current address under the Act of October | ||||||
4 | 19, 1949 (15 U.S.C. § 375, et seq.), commonly known as | ||||||
5 | the Jenkins Act; | ||||||
6 | (3) makes a good faith effort to verify the date of | ||||||
7 | birth of the prospective
consumer provided pursuant to | ||||||
8 | this Section by: | ||||||
9 | (A) comparing the date of birth against a | ||||||
10 | commercially available database;
or | ||||||
11 | (B) obtaining a photocopy or other image of a | ||||||
12 | valid, government-issued
identification stating the | ||||||
13 | date of birth or age of the prospective consumer; | ||||||
14 | (4) provides to the prospective consumer a notice that | ||||||
15 | meets the requirements of
subsection (b); | ||||||
16 | (5) receives payment for the delivery sale from the | ||||||
17 | prospective consumer by a
credit or debit card that has | ||||||
18 | been issued in such consumer's name, or by a check or other | ||||||
19 | written instrument in such consumer's name; and | ||||||
20 | (6) ensures that the shipping package is delivered to | ||||||
21 | the same address as is shown
on the government-issued | ||||||
22 | identification or contained in the commercially available | ||||||
23 | database. | ||||||
24 | (b) The notice required under this Section shall include: | ||||||
25 | (1) a statement that cigarette sales to consumers | ||||||
26 | below 21 years of age are
illegal; |
| |||||||
| |||||||
1 | (2) a statement that sales of cigarettes are | ||||||
2 | restricted to those consumers who
provide verifiable proof | ||||||
3 | of age in accordance with subsection (a); | ||||||
4 | (3) a statement that cigarette sales are subject to | ||||||
5 | tax under Section 2 of the
Cigarette Tax Act (35 ILCS | ||||||
6 | 130/2), Section 2 of the Cigarette Use Tax Act, and | ||||||
7 | Section 3 of the Use Tax Act and an explanation of how the | ||||||
8 | correct tax has been, or is to be, paid with respect to | ||||||
9 | such delivery sale. | ||||||
10 | (c) A statement meets the requirement of this Section if: | ||||||
11 | (1) the statement is clear and conspicuous; | ||||||
12 | (2) the statement is contained in a printed box set | ||||||
13 | apart from the other contents of
the communication; | ||||||
14 | (3) the statement is printed in bold, capital letters; | ||||||
15 | (4) the statement is printed with a degree of color | ||||||
16 | contrast between the
background and the printed statement | ||||||
17 | that is no less than the color contrast between the | ||||||
18 | background and the largest text used in the communication; | ||||||
19 | and | ||||||
20 | (5) for any printed material delivered by electronic | ||||||
21 | means, the statement appears
at both the top and the | ||||||
22 | bottom of the electronic mail message or both the top and | ||||||
23 | the bottom of the Internet website homepage. | ||||||
24 | (d) Each person, other than a delivery service, who mails, | ||||||
25 | ships, or otherwise causes to be delivered a shipping package | ||||||
26 | in connection with a delivery sale shall: |
| |||||||
| |||||||
1 | (1) include as part of the shipping documents a clear | ||||||
2 | and conspicuous statement
stating: "Cigarettes: Illinois | ||||||
3 | Law Prohibits Shipping to Individuals Under 21 and | ||||||
4 | Requires the Payment of All Applicable Taxes"; | ||||||
5 | (2) use a method of mailing, shipping, or delivery | ||||||
6 | that requires a signature before
the shipping package is | ||||||
7 | released to the consumer; and | ||||||
8 | (3) ensure that the shipping package is not delivered | ||||||
9 | to any post office box.
| ||||||
10 | (Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
| ||||||
11 | Section 735. The Code of Criminal Procedure of 1963 is | ||||||
12 | amended by changing Sections 110-5, 111-1, 112A-23, and | ||||||
13 | 124A-20 as follows:
| ||||||
14 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
15 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
16 | of release.
| ||||||
17 | (a) In determining the amount of monetary bail or | ||||||
18 | conditions of release, if
any,
which will reasonably assure | ||||||
19 | the appearance of a defendant as required or
the safety of any | ||||||
20 | other person or the community and the likelihood of
compliance | ||||||
21 | by the
defendant with all the conditions of bail, the court | ||||||
22 | shall, on the
basis of available information, take into | ||||||
23 | account such matters as the
nature and circumstances of the | ||||||
24 | offense charged, whether the evidence
shows that as part of |
| |||||||
| |||||||
1 | the offense there was a use of violence or threatened
use of | ||||||
2 | violence, whether the offense involved corruption of public
| ||||||
3 | officials or employees, whether there was physical harm or | ||||||
4 | threats of physical
harm to any
public official, public | ||||||
5 | employee, judge, prosecutor, juror or witness,
senior citizen, | ||||||
6 | child, or person with a disability, whether evidence shows | ||||||
7 | that
during the offense or during the arrest the defendant | ||||||
8 | possessed or used a
firearm, machine gun, explosive or metal | ||||||
9 | piercing ammunition or explosive
bomb device or any military | ||||||
10 | or paramilitary armament,
whether the evidence
shows that the | ||||||
11 | offense committed was related to or in furtherance of the
| ||||||
12 | criminal activities of an organized gang or was motivated by | ||||||
13 | the defendant's
membership in or allegiance to an organized | ||||||
14 | gang,
the condition of the
victim, any written statement | ||||||
15 | submitted by the victim or proffer or
representation by the | ||||||
16 | State regarding the
impact which the alleged criminal conduct | ||||||
17 | has had on the victim and the
victim's concern, if any, with | ||||||
18 | further contact with the defendant if
released on bail, | ||||||
19 | whether the offense was based on racial, religious,
sexual | ||||||
20 | orientation or ethnic hatred,
the likelihood of the filing of | ||||||
21 | a greater charge, the likelihood of
conviction, the sentence | ||||||
22 | applicable upon conviction, the weight of the evidence
against | ||||||
23 | such defendant, whether there exists motivation or ability to
| ||||||
24 | flee, whether there is any verification as to prior residence, | ||||||
25 | education,
or family ties in the local jurisdiction, in | ||||||
26 | another county,
state or foreign country, the defendant's |
| |||||||
| |||||||
1 | employment, financial resources,
character and mental | ||||||
2 | condition, past conduct, prior use of alias names or
dates of | ||||||
3 | birth, and length of residence in the community,
the consent | ||||||
4 | of the defendant to periodic drug testing in accordance with
| ||||||
5 | Section 110-6.5,
whether a foreign national defendant is | ||||||
6 | lawfully admitted in the United
States of America, whether the | ||||||
7 | government of the foreign national
maintains an extradition | ||||||
8 | treaty with the United States by which the foreign
government | ||||||
9 | will extradite to the United States its national for a trial | ||||||
10 | for
a crime allegedly committed in the United States, whether | ||||||
11 | the defendant is
currently subject to deportation or exclusion | ||||||
12 | under the immigration laws of
the United States, whether the | ||||||
13 | defendant, although a United States citizen,
is considered | ||||||
14 | under the law of any foreign state a national of that state
for | ||||||
15 | the purposes of extradition or non-extradition to the United | ||||||
16 | States,
the amount of unrecovered proceeds lost as a result of
| ||||||
17 | the alleged offense, the
source of bail funds tendered or | ||||||
18 | sought to be tendered for bail,
whether from the totality of | ||||||
19 | the court's consideration,
the loss of funds posted or sought | ||||||
20 | to be posted for bail will not deter the
defendant from flight, | ||||||
21 | whether the evidence shows that the defendant is
engaged in | ||||||
22 | significant
possession, manufacture, or delivery of a | ||||||
23 | controlled substance or cannabis,
either individually or in | ||||||
24 | consort with others,
whether at the time of the offense
| ||||||
25 | charged he or she was on bond or pre-trial release pending | ||||||
26 | trial, probation,
periodic imprisonment or conditional |
| |||||||
| |||||||
1 | discharge pursuant to this Code or the
comparable Code of any | ||||||
2 | other state or federal jurisdiction, whether the
defendant is | ||||||
3 | on bond or
pre-trial release pending the imposition or | ||||||
4 | execution of sentence or appeal of
sentence for any offense | ||||||
5 | under the laws of Illinois or any other state or
federal | ||||||
6 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
7 | release, mandatory
supervised release, or
work release from | ||||||
8 | the Illinois Department of Corrections or Illinois Department | ||||||
9 | of Juvenile Justice or any penal
institution or corrections | ||||||
10 | department of any state or federal
jurisdiction, the | ||||||
11 | defendant's record of convictions, whether the defendant has | ||||||
12 | been
convicted of a misdemeanor or ordinance offense in | ||||||
13 | Illinois or similar
offense in other state or federal | ||||||
14 | jurisdiction within the 10 years
preceding the current charge | ||||||
15 | or convicted of a felony in Illinois, whether
the defendant | ||||||
16 | was convicted of an offense in another state or federal
| ||||||
17 | jurisdiction that would
be a felony if committed in Illinois | ||||||
18 | within the 20 years preceding the
current charge or has been | ||||||
19 | convicted of such felony and released from the
penitentiary | ||||||
20 | within 20 years preceding the current charge if a
penitentiary | ||||||
21 | sentence was imposed in Illinois or other state or federal
| ||||||
22 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
23 | of delinquency in any
jurisdiction, any record of appearance | ||||||
24 | or failure to appear by
the defendant at
court proceedings, | ||||||
25 | whether there was flight to avoid arrest or
prosecution, | ||||||
26 | whether the defendant escaped or
attempted to escape to avoid |
| |||||||
| |||||||
1 | arrest, whether the defendant refused to
identify himself or | ||||||
2 | herself, or whether there was a refusal by the defendant to be
| ||||||
3 | fingerprinted as required by law. Information used by the | ||||||
4 | court in its
findings or stated in or
offered in connection | ||||||
5 | with this Section may be by way of proffer based upon
reliable | ||||||
6 | information offered by the State or defendant.
All evidence | ||||||
7 | shall be admissible if it is relevant and
reliable regardless | ||||||
8 | of whether it would be admissible under the rules of
evidence | ||||||
9 | applicable at criminal trials.
If the State presents evidence | ||||||
10 | that the offense committed by the defendant
was related to or | ||||||
11 | in furtherance of the criminal activities of an organized
gang | ||||||
12 | or was motivated by the defendant's membership in or | ||||||
13 | allegiance to an
organized gang, and if the court determines | ||||||
14 | that the evidence may be
substantiated, the court shall | ||||||
15 | prohibit the defendant from associating with
other members of | ||||||
16 | the organized gang as a condition of bail or release.
For the | ||||||
17 | purposes of this Section,
"organized gang" has the meaning | ||||||
18 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
19 | Terrorism Omnibus Prevention Act.
| ||||||
20 | (a-5) There shall be a presumption that any conditions of | ||||||
21 | release imposed shall be non-monetary in nature and the court | ||||||
22 | shall impose the least restrictive conditions or combination | ||||||
23 | of conditions necessary to reasonably assure the appearance of | ||||||
24 | the defendant for further court proceedings and protect the | ||||||
25 | integrity of
the judicial proceedings from a specific threat | ||||||
26 | to a witness or
participant. Conditions of release may |
| |||||||
| |||||||
1 | include, but not be limited to, electronic home monitoring, | ||||||
2 | curfews, drug counseling, stay-away orders, and in-person | ||||||
3 | reporting. The court shall consider the defendant's | ||||||
4 | socio-economic circumstance when setting conditions of release | ||||||
5 | or imposing monetary bail. | ||||||
6 | (b) The amount of bail shall be:
| ||||||
7 | (1) Sufficient to assure compliance with the | ||||||
8 | conditions set forth in the
bail bond, which shall include | ||||||
9 | the defendant's current address with a written
| ||||||
10 | admonishment to the defendant that he or she must comply | ||||||
11 | with the provisions of
Section 110-12 regarding any change | ||||||
12 | in his or her address. The defendant's
address shall at | ||||||
13 | all times remain a matter of public record with the clerk
| ||||||
14 | of the court.
| ||||||
15 | (2) Not oppressive.
| ||||||
16 | (3) Considerate of the financial ability of the | ||||||
17 | accused.
| ||||||
18 | (4) When a person is charged with a drug related | ||||||
19 | offense involving
possession or delivery of cannabis or | ||||||
20 | possession or delivery of a
controlled substance as | ||||||
21 | defined in the Cannabis Control Act,
the Illinois | ||||||
22 | Controlled Substances Act, or the Methamphetamine Control | ||||||
23 | and Community Protection Act, the full street value
of the | ||||||
24 | drugs seized shall be considered. "Street value" shall be
| ||||||
25 | determined by the court on the basis of a proffer by the | ||||||
26 | State based upon
reliable information of a law enforcement |
| |||||||
| |||||||
1 | official contained in a written
report as to the amount | ||||||
2 | seized and such proffer may be used by the court as
to the | ||||||
3 | current street value of the smallest unit of the drug | ||||||
4 | seized.
| ||||||
5 | (b-5) Upon the filing of a written request demonstrating | ||||||
6 | reasonable cause, the State's Attorney may request a source of | ||||||
7 | bail hearing either before or after the posting of any funds.
| ||||||
8 | If the hearing is granted, before the posting of any bail, the | ||||||
9 | accused must file a written notice requesting that the court | ||||||
10 | conduct a source of bail hearing. The notice must be | ||||||
11 | accompanied by justifying affidavits stating the legitimate | ||||||
12 | and lawful source of funds for bail. At the hearing, the court | ||||||
13 | shall inquire into any matters stated in any justifying | ||||||
14 | affidavits, and may also inquire into matters appropriate to | ||||||
15 | the determination which shall include, but are not limited to, | ||||||
16 | the following: | ||||||
17 | (1) the background, character, reputation, and | ||||||
18 | relationship to the accused of any surety; and | ||||||
19 | (2) the source of any money or property deposited by | ||||||
20 | any surety, and whether any such money or property | ||||||
21 | constitutes the fruits of criminal or unlawful conduct; | ||||||
22 | and | ||||||
23 | (3) the source of any money posted as cash bail, and | ||||||
24 | whether any such money constitutes the fruits of criminal | ||||||
25 | or unlawful conduct; and | ||||||
26 | (4) the background, character, reputation, and |
| |||||||
| |||||||
1 | relationship to the accused of the person posting cash | ||||||
2 | bail. | ||||||
3 | Upon setting the hearing, the court shall examine, under | ||||||
4 | oath, any persons who may possess material information. | ||||||
5 | The State's Attorney has a right to attend the hearing, to | ||||||
6 | call witnesses and to examine any witness in the proceeding. | ||||||
7 | The court shall, upon request of the State's Attorney, | ||||||
8 | continue the proceedings for a reasonable period to allow the | ||||||
9 | State's Attorney to investigate the matter raised in any | ||||||
10 | testimony or affidavit.
If the hearing is granted after the | ||||||
11 | accused has posted bail, the court shall conduct a hearing | ||||||
12 | consistent with this subsection (b-5). At the conclusion of | ||||||
13 | the hearing, the court must issue an order either approving or | ||||||
14 | of disapproving the bail.
| ||||||
15 | (c) When a person is charged with an offense punishable by | ||||||
16 | fine only the
amount of the bail shall not exceed double the | ||||||
17 | amount of the maximum penalty.
| ||||||
18 | (d) When a person has been convicted of an offense and only | ||||||
19 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
20 | double the amount of
the fine.
| ||||||
21 | (e) The State may appeal any order granting bail or | ||||||
22 | setting
a given amount for bail. | ||||||
23 | (f) When a person is charged with a violation of an order | ||||||
24 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
26 | charged with domestic battery, aggravated domestic battery, |
| |||||||
| |||||||
1 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
2 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
3 | cyberstalking, harassment by telephone, harassment through | ||||||
4 | electronic communications, or an attempt to commit first | ||||||
5 | degree murder committed against an intimate partner regardless | ||||||
6 | whether an order of protection has been issued against the | ||||||
7 | person, | ||||||
8 | (1) whether the alleged incident involved harassment | ||||||
9 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
10 | of 1986; | ||||||
11 | (2) whether the person has a history of domestic | ||||||
12 | violence, as defined in the Illinois Domestic Violence | ||||||
13 | Act, or a history of other criminal acts; | ||||||
14 | (3) based on the mental health of the person; | ||||||
15 | (4) whether the person has a history of violating the | ||||||
16 | orders of any court or governmental entity; | ||||||
17 | (5) whether the person has been, or is, potentially a | ||||||
18 | threat to any other person; | ||||||
19 | (6) whether the person has access to deadly weapons or | ||||||
20 | a history of using deadly weapons; | ||||||
21 | (7) whether the person has a history of abusing | ||||||
22 | alcohol or any controlled substance; | ||||||
23 | (8) based on the severity of the alleged incident that | ||||||
24 | is the basis of the alleged offense, including, but not | ||||||
25 | limited to, the duration of the current incident, and | ||||||
26 | whether the alleged incident involved the use of a weapon, |
| |||||||
| |||||||
1 | physical injury, sexual assault, strangulation, abuse | ||||||
2 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
3 | forcible entry to gain access to the alleged victim; | ||||||
4 | (9) whether a separation of the person from the | ||||||
5 | alleged victim or a termination of the relationship | ||||||
6 | between the person and the alleged victim has recently | ||||||
7 | occurred or is pending; | ||||||
8 | (10) whether the person has exhibited obsessive or | ||||||
9 | controlling behaviors toward the alleged victim, | ||||||
10 | including, but not limited to, stalking, surveillance, or | ||||||
11 | isolation of the alleged victim or victim's family member | ||||||
12 | or members; | ||||||
13 | (11) whether the person has expressed suicidal or | ||||||
14 | homicidal ideations; | ||||||
15 | (12) based on any information contained in the | ||||||
16 | complaint and any police reports, affidavits, or other | ||||||
17 | documents accompanying the complaint, | ||||||
18 | the court may, in its discretion, order the respondent to | ||||||
19 | undergo a risk assessment evaluation using a recognized, | ||||||
20 | evidence-based instrument conducted by an Illinois Department | ||||||
21 | of Human Services approved partner abuse intervention program | ||||||
22 | provider, pretrial service, probation, or parole agency. These | ||||||
23 | agencies shall have access to summaries of the defendant's | ||||||
24 | criminal history, which shall not include victim interviews or | ||||||
25 | information, for the risk evaluation. Based on the information | ||||||
26 | collected from the 12 points to be considered at a bail hearing |
| |||||||
| |||||||
1 | under this subsection (f), the results of any risk evaluation | ||||||
2 | conducted and the other circumstances of the violation, the | ||||||
3 | court may order that the person, as a condition of bail, be | ||||||
4 | placed under electronic surveillance as provided in Section | ||||||
5 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
6 | determination whether or not to order the respondent to | ||||||
7 | undergo a risk assessment evaluation or to be placed under | ||||||
8 | electronic surveillance and risk assessment, the court shall | ||||||
9 | document in the record the court's reasons for making those | ||||||
10 | determinations. The cost of the electronic surveillance and | ||||||
11 | risk assessment shall be paid by, or on behalf, of the | ||||||
12 | defendant. As used in this subsection (f), "intimate partner" | ||||||
13 | means a spouse or a current or former partner in a cohabitation | ||||||
14 | or dating relationship.
| ||||||
15 | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; | ||||||
16 | revised 7-12-19.)
| ||||||
17 | (725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
| ||||||
18 | Sec. 111-1. Methods of prosecution. | ||||||
19 | (a) When authorized by law a prosecution may be commenced | ||||||
20 | by:
| ||||||
21 | (1) (a) A complaint;
| ||||||
22 | (2) (b) An information;
| ||||||
23 | (3) (c) An indictment.
| ||||||
24 | (b) (d) Upon commencement of a prosecution for a violation | ||||||
25 | of Section
11-501 of the Illinois Vehicle Code, or a similar |
| |||||||
| |||||||
1 | provision of a local
ordinance, or Section 9-3 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012
relating to the | ||||||
3 | offense of reckless homicide, the victims of these offenses
| ||||||
4 | shall have all the rights under this Section as they do in | ||||||
5 | Section 4 of the
Bill of Rights of Crime for Victims and | ||||||
6 | Witnesses of Violent Crime Act.
| ||||||
7 | For the purposes of this Section "victim" shall mean an | ||||||
8 | individual
who has suffered personal injury as a result of the | ||||||
9 | commission of a
violation of Section 11-501 of the Illinois | ||||||
10 | Vehicle Code, or a similar
provision of a local ordinance, or | ||||||
11 | Section 9-3 of the Criminal Code of
1961 or the Criminal Code | ||||||
12 | of 2012 relating to the offense of reckless homicide. In | ||||||
13 | regard
to a violation of Section 9-3 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012
relating to the offense of | ||||||
15 | reckless homicide, "victim" shall also include,
but not be | ||||||
16 | limited to, spouse, guardian, parent, or other family member.
| ||||||
17 | (c) (e) Upon arrest after commencement of a prosecution | ||||||
18 | for a sex offense against a person known to be an employee, the | ||||||
19 | State's Attorney shall immediately provide the superintendent | ||||||
20 | of schools or school administrator that employs the employee | ||||||
21 | with a copy of the complaint, information, or indictment. | ||||||
22 | For the purposes of this subsection: "employee" has the | ||||||
23 | meaning provided in subsection (a) of Section 24-5 of the | ||||||
24 | School Code; and "sex offense" has the meaning provided in | ||||||
25 | Section 2 of the Sex Offender Registration Act. | ||||||
26 | This subsection shall not be construed to diminish the |
| |||||||
| |||||||
1 | rights, privileges, or remedies of an employee under a | ||||||
2 | collective bargaining agreement or employment contract. | ||||||
3 | (Source: P.A. 101-521, eff. 8-23-19; revised 9-8-20.)
| ||||||
4 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
5 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
6 | (a) When violation is crime. A violation of any protective | ||||||
7 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
8 | shall be
enforced by a
criminal court when:
| ||||||
9 | (1) The respondent commits the crime of violation of a | ||||||
10 | domestic violence order of
protection pursuant to Section | ||||||
11 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
12 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
13 | (i) remedies described in paragraphs (1), (2), | ||||||
14 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
15 | 112A-14 of this Code,
| ||||||
16 | (ii) a remedy, which is substantially similar to | ||||||
17 | the remedies
authorized
under paragraphs (1), (2), | ||||||
18 | (3), (14), or (14.5) of subsection (b) of Section 214
| ||||||
19 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
20 | valid order of protection,
which is authorized under | ||||||
21 | the laws of another state, tribe or United States
| ||||||
22 | territory, or
| ||||||
23 | (iii) or any other remedy when the act
constitutes | ||||||
24 | a crime against the protected parties as defined by | ||||||
25 | the Criminal
Code of 1961 or the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | Prosecution for a violation of a domestic violence | ||||||
2 | order of protection shall
not bar concurrent prosecution | ||||||
3 | for any other crime, including any crime
that may have | ||||||
4 | been committed at the time of the violation of the | ||||||
5 | domestic violence order
of protection; or
| ||||||
6 | (2) The respondent commits the crime of child | ||||||
7 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
9 | violated:
| ||||||
10 | (i) remedies described in paragraphs (5), (6), or | ||||||
11 | (8) of subsection
(b)
of
Section 112A-14 of this Code, | ||||||
12 | or
| ||||||
13 | (ii) a remedy, which is substantially similar to | ||||||
14 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
15 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
16 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
17 | domestic violence order of protection,
which is | ||||||
18 | authorized under the laws of another state, tribe or | ||||||
19 | United States
territory.
| ||||||
20 | (3) The respondent commits the crime of violation of a | ||||||
21 | civil no contact order when the respondent violates | ||||||
22 | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | ||||||
23 | for a violation of a civil no contact order shall not bar | ||||||
24 | concurrent prosecution for any other crime, including any | ||||||
25 | crime that may have been committed at the time of the | ||||||
26 | violation of the civil no contact order. |
| |||||||
| |||||||
1 | (4) The respondent commits the crime of violation of a | ||||||
2 | stalking no contact order when the respondent violates | ||||||
3 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
4 | for a violation of a stalking no contact order shall not | ||||||
5 | bar concurrent prosecution for any other crime, including | ||||||
6 | any crime that may have been committed at the time of the | ||||||
7 | violation of the stalking no contact order. | ||||||
8 | (b) When violation is contempt of court. A violation of | ||||||
9 | any valid protective order, whether issued in a civil or | ||||||
10 | criminal
proceeding, may be enforced through civil or criminal | ||||||
11 | contempt procedures,
as appropriate, by any court with | ||||||
12 | jurisdiction, regardless where the act or
acts which violated | ||||||
13 | the protective order were committed, to the extent
consistent | ||||||
14 | with the venue provisions of this Article. Nothing in this
| ||||||
15 | Article shall preclude any Illinois court from enforcing any | ||||||
16 | valid protective order issued in another state. Illinois | ||||||
17 | courts may enforce protective orders through both criminal | ||||||
18 | prosecution and contempt proceedings,
unless the action which | ||||||
19 | is second in time is barred by collateral estoppel
or the | ||||||
20 | constitutional prohibition against double jeopardy.
| ||||||
21 | (1) In a contempt proceeding where the petition for a | ||||||
22 | rule to show
cause sets forth facts evidencing an | ||||||
23 | immediate danger that the
respondent will flee the | ||||||
24 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
25 | on the petitioner or minor children or on dependent adults | ||||||
26 | in
petitioner's care, the court may order the
attachment |
| |||||||
| |||||||
1 | of the respondent without prior service of the rule to | ||||||
2 | show
cause or the petition for a rule to show cause. Bond | ||||||
3 | shall be set unless
specifically denied in writing.
| ||||||
4 | (2) A petition for a rule to show cause for violation | ||||||
5 | of a protective order shall be treated as an expedited | ||||||
6 | proceeding.
| ||||||
7 | (c) Violation of custody, allocation of parental | ||||||
8 | responsibility, or support orders. A violation of remedies
| ||||||
9 | described in paragraphs (5), (6), (8), or (9) of subsection | ||||||
10 | (b) of Section
112A-14 of this Code may be enforced by any | ||||||
11 | remedy provided by Section 607.5 of
the Illinois Marriage and | ||||||
12 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
13 | for support issued under paragraph (12) of subsection (b)
of | ||||||
14 | Section 112A-14 of this Code in the manner provided for under | ||||||
15 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
16 | Marriage Act.
| ||||||
17 | (d) Actual knowledge. A protective order may be
enforced | ||||||
18 | pursuant to this Section if the respondent violates the order
| ||||||
19 | after respondent has actual knowledge of its contents
as shown | ||||||
20 | through one of the following means:
| ||||||
21 | (1) (Blank).
| ||||||
22 | (2) (Blank).
| ||||||
23 | (3) By service of a protective order under subsection | ||||||
24 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
25 | (4) By other means demonstrating actual knowledge of | ||||||
26 | the contents of the order.
|
| |||||||
| |||||||
1 | (e) The enforcement of a protective order in civil or | ||||||
2 | criminal court
shall not be affected by either of the | ||||||
3 | following:
| ||||||
4 | (1) The existence of a separate, correlative order | ||||||
5 | entered under Section
112A-15 of this Code.
| ||||||
6 | (2) Any finding or order entered in a conjoined | ||||||
7 | criminal proceeding.
| ||||||
8 | (f) Circumstances. The court, when determining whether or | ||||||
9 | not a
violation of a protective order has occurred, shall not | ||||||
10 | require
physical manifestations of abuse on the person of the | ||||||
11 | victim.
| ||||||
12 | (g) Penalties.
| ||||||
13 | (1) Except as provided in paragraph (3) of this
| ||||||
14 | subsection (g), where the court finds the commission of a | ||||||
15 | crime or contempt of
court under subsections (a) or (b) of | ||||||
16 | this Section, the penalty shall be
the penalty that | ||||||
17 | generally applies in such criminal or contempt
| ||||||
18 | proceedings, and may include one or more of the following: | ||||||
19 | incarceration,
payment of restitution, a fine, payment of | ||||||
20 | attorneys' fees and costs, or
community service.
| ||||||
21 | (2) The court shall hear and take into account | ||||||
22 | evidence of any factors
in aggravation or mitigation | ||||||
23 | before deciding an appropriate penalty under
paragraph (1) | ||||||
24 | of this subsection (g).
| ||||||
25 | (3) To the extent permitted by law, the court is | ||||||
26 | encouraged to:
|
| |||||||
| |||||||
1 | (i) increase the penalty for the knowing violation | ||||||
2 | of
any protective order over any penalty previously | ||||||
3 | imposed by any court
for respondent's violation of any | ||||||
4 | protective order or penal statute
involving petitioner | ||||||
5 | as victim and respondent as defendant;
| ||||||
6 | (ii) impose a minimum penalty of 24 hours | ||||||
7 | imprisonment for respondent's
first violation of any | ||||||
8 | protective order; and
| ||||||
9 | (iii) impose a minimum penalty of 48 hours | ||||||
10 | imprisonment for
respondent's second or subsequent | ||||||
11 | violation of a protective order | ||||||
12 | unless the court explicitly finds that an increased | ||||||
13 | penalty or that
period of imprisonment would be manifestly | ||||||
14 | unjust.
| ||||||
15 | (4) In addition to any other penalties imposed for a | ||||||
16 | violation of a protective order, a criminal court may | ||||||
17 | consider evidence of any
violations of a protective order:
| ||||||
18 | (i) to increase, revoke, or modify the bail bond | ||||||
19 | on an underlying
criminal charge pursuant to Section | ||||||
20 | 110-6 of this Code;
| ||||||
21 | (ii) to revoke or modify an order of probation, | ||||||
22 | conditional discharge, or
supervision, pursuant to | ||||||
23 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
24 | (iii) to revoke or modify a sentence of periodic | ||||||
25 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
26 | Code of Corrections.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||||||
2 | 100-597, eff. 6-29-18; revised 7-12-19.)
| ||||||
3 | (725 ILCS 5/124A-20) | ||||||
4 | Sec. 124A-20. Assessment waiver. | ||||||
5 | (a) As used in this Section: | ||||||
6 | "Assessments" means any costs imposed on a criminal | ||||||
7 | defendant under Article 15 of the Criminal and Traffic | ||||||
8 | Assessment Act, but does not include violation of the Illinois | ||||||
9 | Vehicle Code assessments. | ||||||
10 | "Indigent person" means any person who meets one or more | ||||||
11 | of the following criteria: | ||||||
12 | (1) He or she is receiving assistance under one or | ||||||
13 | more of the following means-based governmental public | ||||||
14 | benefits programs: Supplemental Security Income; Aid to | ||||||
15 | the Aged, Blind and Disabled; Temporary Assistance for | ||||||
16 | Needy Families; Supplemental Nutrition Assistance Program; | ||||||
17 | General Assistance; Transitional Assistance; or State | ||||||
18 | Children and Family Assistance. | ||||||
19 | (2) His or her available personal income is 200% or | ||||||
20 | less of the current poverty level, unless the applicant's | ||||||
21 | assets that are not exempt under Part 9 or 10 of Article | ||||||
22 | XII of the Code of Civil Procedure are of a nature and | ||||||
23 | value that the court determines that the applicant is able | ||||||
24 | to pay the assessments. | ||||||
25 | (3) He or she is, in the discretion of the court, |
| |||||||
| |||||||
1 | unable to proceed in an action with payment of assessments | ||||||
2 | and whose payment of those assessments would result in | ||||||
3 | substantial hardship to the person or his or her family. | ||||||
4 | "Poverty level" means the current poverty level as | ||||||
5 | established by the United States Department of Health and | ||||||
6 | Human Services. | ||||||
7 | (b) Upon the application of any defendant, after the | ||||||
8 | commencement of an action, but no later than 30 days after | ||||||
9 | sentencing: | ||||||
10 | (1) If the court finds that the applicant is an | ||||||
11 | indigent person, the court shall grant the applicant a | ||||||
12 | full assessment waiver exempting him or her from the | ||||||
13 | payment of any assessments. | ||||||
14 | (2) The court shall grant the applicant a partial | ||||||
15 | assessment as follows: | ||||||
16 | (A) 75% of all assessments shall be waived if the | ||||||
17 | applicant's available income is greater than 200% but | ||||||
18 | no more than 250% of the poverty level, unless the | ||||||
19 | applicant's assets that are not exempt under Part 9 or | ||||||
20 | 10 of Article XII of the Code of Civil Procedure are | ||||||
21 | such that the applicant is able, without undue | ||||||
22 | hardship, to pay the total assessments. | ||||||
23 | (B) 50% of all assessments shall be waived if the | ||||||
24 | applicant's available income is greater than 250% but | ||||||
25 | no more than 300% of the poverty level, unless the | ||||||
26 | applicant's assets that are not exempt under Part 9 or |
| |||||||
| |||||||
1 | 10 of Article XII of the Code of Civil Procedure are | ||||||
2 | such that the court determines that the applicant is | ||||||
3 | able, without undue hardship, to pay a greater portion | ||||||
4 | of the assessments. | ||||||
5 | (C) 25% of all assessments shall be waived if the | ||||||
6 | applicant's available income is greater than 300% but | ||||||
7 | no more than 400% of the poverty level, unless the | ||||||
8 | applicant's assets that are not exempt under Part 9 or | ||||||
9 | 10 of Article XII of the Code of Civil Procedure are | ||||||
10 | such that the court determines that the applicant is | ||||||
11 | able, without undue hardship, to pay a greater portion | ||||||
12 | of the assessments. | ||||||
13 | (c) An application for a waiver of assessments shall be in | ||||||
14 | writing, signed by the defendant or, if the defendant is a | ||||||
15 | minor, by another person having knowledge of the facts, and | ||||||
16 | filed no later than 30 days after sentencing. The contents of | ||||||
17 | the application for a waiver of assessments, and the procedure | ||||||
18 | for deciding the applications, shall be established by Supreme | ||||||
19 | Court Rule. Factors to consider in evaluating an application | ||||||
20 | shall include: | ||||||
21 | (1) the applicant's receipt of needs based | ||||||
22 | governmental public benefits, including Supplemental | ||||||
23 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
24 | ( AABD ADBD ); Temporary Assistance for Needy Families | ||||||
25 | (TANF); Supplemental Nutrition Assistance Program (SNAP or | ||||||
26 | "food stamps"); General Assistance; Transitional |
| |||||||
| |||||||
1 | Assistance; or State Children and Family Assistance; | ||||||
2 | (2) the employment status of the applicant and amount | ||||||
3 | of monthly income, if any; | ||||||
4 | (3) income received from the applicant's pension, | ||||||
5 | Social Security benefits, unemployment benefits, and other | ||||||
6 | sources; | ||||||
7 | (4) income received by the applicant from other | ||||||
8 | household members; | ||||||
9 | (5) the applicant's monthly expenses, including rent, | ||||||
10 | home mortgage, other mortgage, utilities, food, medical, | ||||||
11 | vehicle, childcare, debts, child support, and other | ||||||
12 | expenses; and | ||||||
13 | (6) financial affidavits or other similar supporting | ||||||
14 | documentation provided by the applicant showing that | ||||||
15 | payment of the imposed assessments would result in | ||||||
16 | substantial hardship to the applicant or the applicant's | ||||||
17 | family. | ||||||
18 | (d) The clerk of court shall provide the application for a | ||||||
19 | waiver of assessments to any defendant who indicates an | ||||||
20 | inability to pay the assessments. The clerk of the court shall | ||||||
21 | post in a conspicuous place in the courthouse a notice, no | ||||||
22 | smaller than 8.5 x 11 inches and using no smaller than 30-point | ||||||
23 | typeface printed in English and in Spanish, advising criminal | ||||||
24 | defendants they may ask the court for a waiver of any court | ||||||
25 | ordered assessments. The notice shall be substantially as | ||||||
26 | follows: |
| |||||||
| |||||||
1 | "If you are unable to pay the required assessments, | ||||||
2 | you may ask the court to waive payment of them. Ask the | ||||||
3 | clerk of the court for forms." | ||||||
4 | (e) For good cause shown, the court may allow an applicant | ||||||
5 | whose application is denied or who receives a partial | ||||||
6 | assessment waiver to defer payment of the assessments, make | ||||||
7 | installment payments, or make payment upon reasonable terms | ||||||
8 | and conditions stated in the order. | ||||||
9 | (f) Nothing in this Section shall be construed to affect | ||||||
10 | the right of a party to court-appointed counsel, as authorized | ||||||
11 | by any other provision of law or by the rules of the Illinois | ||||||
12 | Supreme Court. | ||||||
13 | (g) The provisions of this Section are severable under | ||||||
14 | Section 1.31 of the Statute on Statutes.
| ||||||
15 | (Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
| ||||||
16 | Section 740. The Rights of Crime Victims and Witnesses Act | ||||||
17 | is amended by changing Section 4.5 as follows:
| ||||||
18 | (725 ILCS 120/4.5)
| ||||||
19 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
20 | victims. To afford
crime victims their rights, law | ||||||
21 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
22 | information, as appropriate, of the following
procedures:
| ||||||
23 | (a) At the request of the crime victim, law enforcement | ||||||
24 | authorities
investigating the case shall provide notice of the |
| |||||||
| |||||||
1 | status of the investigation,
except where the State's Attorney | ||||||
2 | determines that disclosure of such
information would | ||||||
3 | unreasonably interfere with the investigation, until such
time | ||||||
4 | as the alleged assailant is apprehended or the investigation | ||||||
5 | is closed.
| ||||||
6 | (a-5) When law enforcement authorities reopen a closed | ||||||
7 | case to resume investigating, they shall provide notice of the | ||||||
8 | reopening of the case, except where the State's Attorney | ||||||
9 | determines that disclosure of such information would | ||||||
10 | unreasonably interfere with the investigation. | ||||||
11 | (b) The office of the State's Attorney:
| ||||||
12 | (1) shall provide notice of the filing of an | ||||||
13 | information, the return of an
indictment, or the
filing of | ||||||
14 | a petition to adjudicate a minor as a delinquent for a | ||||||
15 | violent
crime;
| ||||||
16 | (2) shall provide timely notice of the date, time, and | ||||||
17 | place of court proceedings; of any change in the date, | ||||||
18 | time, and place of court proceedings; and of any | ||||||
19 | cancellation of court proceedings. Notice shall be | ||||||
20 | provided in sufficient time, wherever possible, for the | ||||||
21 | victim to
make arrangements to attend or to prevent an | ||||||
22 | unnecessary appearance at court proceedings;
| ||||||
23 | (3) or victim advocate personnel shall provide | ||||||
24 | information of social
services and financial assistance | ||||||
25 | available for victims of crime, including
information of | ||||||
26 | how to apply for these services and assistance;
|
| |||||||
| |||||||
1 | (3.5) or victim advocate personnel shall provide | ||||||
2 | information about available victim services, including | ||||||
3 | referrals to programs, counselors, and agencies that | ||||||
4 | assist a victim to deal with trauma, loss, and grief; | ||||||
5 | (4) shall assist in having any stolen or other | ||||||
6 | personal property held by
law enforcement authorities for | ||||||
7 | evidentiary or other purposes returned as
expeditiously as | ||||||
8 | possible, pursuant to the procedures set out in Section | ||||||
9 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
10 | (5) or victim advocate personnel shall provide | ||||||
11 | appropriate employer
intercession services to ensure that | ||||||
12 | employers of victims will cooperate with
the criminal | ||||||
13 | justice system in order to minimize an employee's loss of | ||||||
14 | pay and
other benefits resulting from court appearances;
| ||||||
15 | (6) shall provide, whenever possible, a secure waiting
| ||||||
16 | area during court proceedings that does not require | ||||||
17 | victims to be in close
proximity to defendants or | ||||||
18 | juveniles accused of a violent crime, and their
families | ||||||
19 | and friends;
| ||||||
20 | (7) shall provide notice to the crime victim of the | ||||||
21 | right to have a
translator present at all court | ||||||
22 | proceedings and, in compliance with the federal Americans
| ||||||
23 | with Disabilities Act of 1990, the right to communications | ||||||
24 | access through a
sign language interpreter or by other | ||||||
25 | means;
| ||||||
26 | (8) (blank);
|
| |||||||
| |||||||
1 | (8.5) shall inform the victim of the right to be | ||||||
2 | present at all court proceedings, unless the victim is to | ||||||
3 | testify and the court determines that the victim's | ||||||
4 | testimony would be materially affected if the victim hears | ||||||
5 | other testimony at trial; | ||||||
6 | (9) shall inform the victim of the right to have | ||||||
7 | present at all court
proceedings, subject to the rules of | ||||||
8 | evidence and confidentiality, an advocate and other | ||||||
9 | support
person of the victim's choice; | ||||||
10 | (9.3) shall inform the victim of the right to retain | ||||||
11 | an attorney, at the
victim's own expense, who, upon | ||||||
12 | written notice filed with the clerk of the
court and | ||||||
13 | State's Attorney, is to receive copies of all notices, | ||||||
14 | motions, and
court orders filed thereafter in the case, in | ||||||
15 | the same manner as if the victim
were a named party in the | ||||||
16 | case;
| ||||||
17 | (9.5) shall inform the victim of (A) the victim's | ||||||
18 | right under Section 6 of this Act to make a statement at | ||||||
19 | the sentencing hearing; (B) the right of the victim's | ||||||
20 | spouse, guardian, parent, grandparent, and other immediate | ||||||
21 | family and household members under Section 6 of this Act | ||||||
22 | to present a statement at sentencing; and (C) if a | ||||||
23 | presentence report is to be prepared, the right of the | ||||||
24 | victim's spouse, guardian, parent, grandparent, and other | ||||||
25 | immediate family and household members to submit | ||||||
26 | information to the preparer of the presentence report |
| |||||||
| |||||||
1 | about the effect the offense has had on the victim and the | ||||||
2 | person; | ||||||
3 | (10) at the sentencing shall make a good faith attempt | ||||||
4 | to explain
the minimum amount of time during which the | ||||||
5 | defendant may actually be
physically imprisoned. The | ||||||
6 | Office of the State's Attorney shall further notify
the | ||||||
7 | crime victim of the right to request from the Prisoner | ||||||
8 | Review Board
or Department of Juvenile Justice information | ||||||
9 | concerning the release of the defendant;
| ||||||
10 | (11) shall request restitution at sentencing and as | ||||||
11 | part of a plea agreement if the victim requests | ||||||
12 | restitution;
| ||||||
13 | (12) shall, upon the court entering a verdict of not | ||||||
14 | guilty by reason of insanity, inform the victim of the | ||||||
15 | notification services available from the Department of | ||||||
16 | Human Services, including the statewide telephone number, | ||||||
17 | under subparagraph (d)(2) of this Section;
| ||||||
18 | (13) shall provide notice within a reasonable time | ||||||
19 | after receipt of notice from
the custodian, of the release | ||||||
20 | of the defendant on bail or personal recognizance
or the | ||||||
21 | release from detention of a minor who has been detained;
| ||||||
22 | (14) shall explain in nontechnical language the | ||||||
23 | details of any plea or verdict of
a defendant, or any | ||||||
24 | adjudication of a juvenile as a delinquent;
| ||||||
25 | (15) shall make all reasonable efforts to consult with | ||||||
26 | the crime victim before the Office of
the State's Attorney |
| |||||||
| |||||||
1 | makes an offer of a plea bargain to the defendant or
enters | ||||||
2 | into negotiations with the defendant concerning a possible | ||||||
3 | plea
agreement, and shall consider the written statement, | ||||||
4 | if prepared
prior to entering into a plea agreement. The | ||||||
5 | right to consult with the prosecutor does not include the | ||||||
6 | right to veto a plea agreement or to insist the case go to | ||||||
7 | trial. If the State's Attorney has not consulted with the | ||||||
8 | victim prior to making an offer or entering into plea | ||||||
9 | negotiations with the defendant, the Office of the State's | ||||||
10 | Attorney shall notify the victim of the offer or the | ||||||
11 | negotiations within 2 business days and confer with the | ||||||
12 | victim;
| ||||||
13 | (16) shall provide notice of the ultimate disposition | ||||||
14 | of the cases arising from
an indictment or an information, | ||||||
15 | or a petition to have a juvenile adjudicated
as a | ||||||
16 | delinquent for a violent crime;
| ||||||
17 | (17) shall provide notice of any appeal taken by the | ||||||
18 | defendant and information
on how to contact the | ||||||
19 | appropriate agency handling the appeal, and how to request | ||||||
20 | notice of any hearing, oral argument, or decision of an | ||||||
21 | appellate court;
| ||||||
22 | (18) shall provide timely notice of any request for | ||||||
23 | post-conviction review filed by the
defendant under | ||||||
24 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
25 | of
the date, time and place of any hearing concerning the | ||||||
26 | petition. Whenever
possible, notice of the hearing shall |
| |||||||
| |||||||
1 | be given within 48 hours of the court's scheduling of the | ||||||
2 | hearing; and
| ||||||
3 | (19) shall forward a copy of any statement presented | ||||||
4 | under Section 6 to the
Prisoner Review Board or Department | ||||||
5 | of Juvenile Justice to be considered in making a | ||||||
6 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
7 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
8 | (c) The court shall ensure that the rights of the victim | ||||||
9 | are afforded. | ||||||
10 | (c-5) The following procedures shall be followed to afford | ||||||
11 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
12 | Illinois Constitution: | ||||||
13 | (1) Written notice. A victim may complete a written | ||||||
14 | notice of intent to assert rights on a form prepared by the | ||||||
15 | Office of the Attorney General and provided to the victim | ||||||
16 | by the State's Attorney. The victim may at any time | ||||||
17 | provide a revised written notice to the State's Attorney. | ||||||
18 | The State's Attorney shall file the written notice with | ||||||
19 | the court. At the beginning of any court proceeding in | ||||||
20 | which the right of a victim may be at issue, the court and | ||||||
21 | prosecutor shall review the written notice to determine | ||||||
22 | whether the victim has asserted the right that may be at | ||||||
23 | issue. | ||||||
24 | (2) Victim's retained attorney. A victim's attorney | ||||||
25 | shall file an entry of appearance limited to assertion of | ||||||
26 | the victim's rights. Upon the filing of the entry of |
| |||||||
| |||||||
1 | appearance and service on the State's Attorney and the | ||||||
2 | defendant, the attorney is to receive copies of all | ||||||
3 | notices, motions and court orders filed thereafter in the | ||||||
4 | case. | ||||||
5 | (3) Standing. The victim has standing to assert the | ||||||
6 | rights enumerated in subsection (a) of Article I, Section | ||||||
7 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
8 | under Section 4 of this Act in any court exercising | ||||||
9 | jurisdiction over the criminal case. The prosecuting | ||||||
10 | attorney, a victim, or the victim's retained attorney may | ||||||
11 | assert the victim's rights. The defendant in the criminal | ||||||
12 | case has no standing to assert a right of the victim in any | ||||||
13 | court proceeding, including on appeal. | ||||||
14 | (4) Assertion of and enforcement of rights. | ||||||
15 | (A) The prosecuting attorney shall assert a | ||||||
16 | victim's right or request enforcement of a right by | ||||||
17 | filing a motion or by orally asserting the right or | ||||||
18 | requesting enforcement in open court in the criminal | ||||||
19 | case outside the presence of the jury. The prosecuting | ||||||
20 | attorney shall consult with the victim and the | ||||||
21 | victim's attorney regarding the assertion or | ||||||
22 | enforcement of a right. If the prosecuting attorney | ||||||
23 | decides not to assert or enforce a victim's right, the | ||||||
24 | prosecuting attorney shall notify the victim or the | ||||||
25 | victim's attorney in sufficient time to allow the | ||||||
26 | victim or the victim's attorney to assert the right or |
| |||||||
| |||||||
1 | to seek enforcement of a right. | ||||||
2 | (B) If the prosecuting attorney elects not to | ||||||
3 | assert a victim's right or to seek enforcement of a | ||||||
4 | right, the victim or the victim's attorney may assert | ||||||
5 | the victim's right or request enforcement of a right | ||||||
6 | by filing a motion or by orally asserting the right or | ||||||
7 | requesting enforcement in open court in the criminal | ||||||
8 | case outside the presence of the jury. | ||||||
9 | (C) If the prosecuting attorney asserts a victim's | ||||||
10 | right or seeks enforcement of a right, and the court | ||||||
11 | denies the assertion of the right or denies the | ||||||
12 | request for enforcement of a right, the victim or | ||||||
13 | victim's attorney may file a motion to assert the | ||||||
14 | victim's right or to request enforcement of the right | ||||||
15 | within 10 days of the court's ruling. The motion need | ||||||
16 | not demonstrate the grounds for a motion for | ||||||
17 | reconsideration. The court shall rule on the merits of | ||||||
18 | the motion. | ||||||
19 | (D) The court shall take up and decide any motion | ||||||
20 | or request asserting or seeking enforcement of a | ||||||
21 | victim's right without delay, unless a specific time | ||||||
22 | period is specified by law or court rule. The reasons | ||||||
23 | for any decision denying the motion or request shall | ||||||
24 | be clearly stated on the record. | ||||||
25 | (5) Violation of rights and remedies. | ||||||
26 | (A) If the court determines that a victim's right |
| |||||||
| |||||||
1 | has been violated, the court shall determine the | ||||||
2 | appropriate remedy for the violation of the victim's | ||||||
3 | right by hearing from the victim and the parties, | ||||||
4 | considering all factors relevant to the issue, and | ||||||
5 | then awarding appropriate relief to the victim. | ||||||
6 | (A-5) Consideration of an issue of a substantive | ||||||
7 | nature or an issue that implicates the constitutional | ||||||
8 | or statutory right of a victim at a court proceeding | ||||||
9 | labeled as a status hearing shall constitute a per se | ||||||
10 | violation of a victim's right. | ||||||
11 | (B) The appropriate remedy shall include only | ||||||
12 | actions necessary to provide the victim the right to | ||||||
13 | which the victim was entitled and may include | ||||||
14 | reopening previously held proceedings; however, in no | ||||||
15 | event shall the court vacate a conviction. Any remedy | ||||||
16 | shall be tailored to provide the victim an appropriate | ||||||
17 | remedy without violating any constitutional right of | ||||||
18 | the defendant. In no event shall the appropriate | ||||||
19 | remedy be a new trial, damages, or costs. | ||||||
20 | (6) Right to be heard. Whenever a victim has the right | ||||||
21 | to be heard, the court shall allow the victim to exercise | ||||||
22 | the right in any reasonable manner the victim chooses. | ||||||
23 | (7) Right to attend trial. A party must file a written | ||||||
24 | motion to exclude a victim from trial at least 60 days | ||||||
25 | prior to the date set for trial. The motion must state with | ||||||
26 | specificity the reason exclusion is necessary to protect a |
| |||||||
| |||||||
1 | constitutional right of the party, and must contain an | ||||||
2 | offer of proof. The court shall rule on the motion within | ||||||
3 | 30 days. If the motion is granted, the court shall set | ||||||
4 | forth on the record the facts that support its finding | ||||||
5 | that the victim's testimony will be materially affected if | ||||||
6 | the victim hears other testimony at trial. | ||||||
7 | (8) Right to have advocate and support person present | ||||||
8 | at court proceedings. | ||||||
9 | (A) A party who intends to call an advocate as a | ||||||
10 | witness at trial must seek permission of the court | ||||||
11 | before the subpoena is issued. The party must file a | ||||||
12 | written motion at least 90 days before trial that sets | ||||||
13 | forth specifically the issues on which the advocate's | ||||||
14 | testimony is sought and an offer of proof regarding | ||||||
15 | (i) the content of the anticipated testimony of the | ||||||
16 | advocate; and (ii) the relevance, admissibility, and | ||||||
17 | materiality of the anticipated testimony. The court | ||||||
18 | shall consider the motion and make findings within 30 | ||||||
19 | days of the filing of the motion. If the court finds by | ||||||
20 | a preponderance of the evidence that: (i) the | ||||||
21 | anticipated testimony is not protected by an absolute | ||||||
22 | privilege; and (ii) the anticipated testimony contains | ||||||
23 | relevant, admissible, and material evidence that is | ||||||
24 | not available through other witnesses or evidence, the | ||||||
25 | court shall issue a subpoena requiring the advocate to | ||||||
26 | appear to testify at an in camera hearing. The |
| |||||||
| |||||||
1 | prosecuting attorney and the victim shall have 15 days | ||||||
2 | to seek appellate review before the advocate is | ||||||
3 | required to testify at an ex parte in camera | ||||||
4 | proceeding. | ||||||
5 | The prosecuting attorney, the victim, and the | ||||||
6 | advocate's attorney shall be allowed to be present at | ||||||
7 | the ex parte in camera proceeding. If, after | ||||||
8 | conducting the ex parte in camera hearing, the court | ||||||
9 | determines that due process requires any testimony | ||||||
10 | regarding confidential or privileged information or | ||||||
11 | communications, the court shall provide to the | ||||||
12 | prosecuting attorney, the victim, and the advocate's | ||||||
13 | attorney a written memorandum on the substance of the | ||||||
14 | advocate's testimony. The prosecuting attorney, the | ||||||
15 | victim, and the advocate's attorney shall have 15 days | ||||||
16 | to seek appellate review before a subpoena may be | ||||||
17 | issued for the advocate to testify at trial. The | ||||||
18 | presence of the prosecuting attorney at the ex parte | ||||||
19 | in camera proceeding does not make the substance of | ||||||
20 | the advocate's testimony that the court has ruled | ||||||
21 | inadmissible subject to discovery. | ||||||
22 | (B) If a victim has asserted the right to have a | ||||||
23 | support person present at the court proceedings, the | ||||||
24 | victim shall provide the name of the person the victim | ||||||
25 | has chosen to be the victim's support person to the | ||||||
26 | prosecuting attorney, within 60 days of trial. The |
| |||||||
| |||||||
1 | prosecuting attorney shall provide the name to the | ||||||
2 | defendant. If the defendant intends to call the | ||||||
3 | support person as a witness at trial, the defendant | ||||||
4 | must seek permission of the court before a subpoena is | ||||||
5 | issued. The defendant must file a written motion at | ||||||
6 | least 45 days prior to trial that sets forth | ||||||
7 | specifically the issues on which the support person | ||||||
8 | will testify and an offer of proof regarding: (i) the | ||||||
9 | content of the anticipated testimony of the support | ||||||
10 | person; and (ii) the relevance, admissibility, and | ||||||
11 | materiality of the anticipated testimony. | ||||||
12 | If the prosecuting attorney intends to call the | ||||||
13 | support person as a witness during the State's | ||||||
14 | case-in-chief, the prosecuting attorney shall inform | ||||||
15 | the court of this intent in the response to the | ||||||
16 | defendant's written motion. The victim may choose a | ||||||
17 | different person to be the victim's support person. | ||||||
18 | The court may allow the defendant to inquire about | ||||||
19 | matters outside the scope of the direct examination | ||||||
20 | during cross-examination. If the court allows the | ||||||
21 | defendant to do so, the support person shall be | ||||||
22 | allowed to remain in the courtroom after the support | ||||||
23 | person has testified. A defendant who fails to | ||||||
24 | question the support person about matters outside the | ||||||
25 | scope of direct examination during the State's | ||||||
26 | case-in-chief waives the right to challenge the |
| |||||||
| |||||||
1 | presence of the support person on appeal. The court | ||||||
2 | shall allow the support person to testify if called as | ||||||
3 | a witness in the defendant's case-in-chief or the | ||||||
4 | State's rebuttal. | ||||||
5 | If the court does not allow the defendant to | ||||||
6 | inquire about matters outside the scope of the direct | ||||||
7 | examination, the support person shall be allowed to | ||||||
8 | remain in the courtroom after the support person has | ||||||
9 | been called by the defendant or the defendant has | ||||||
10 | rested. The court shall allow the support person to | ||||||
11 | testify in the State's rebuttal. | ||||||
12 | If the prosecuting attorney does not intend to | ||||||
13 | call the support person in the State's case-in-chief, | ||||||
14 | the court shall verify with the support person whether | ||||||
15 | the support person, if called as a witness, would | ||||||
16 | testify as set forth in the offer of proof. If the | ||||||
17 | court finds that the support person would testify as | ||||||
18 | set forth in the offer of proof, the court shall rule | ||||||
19 | on the relevance, materiality, and admissibility of | ||||||
20 | the anticipated testimony. If the court rules the | ||||||
21 | anticipated testimony is admissible, the court shall | ||||||
22 | issue the subpoena. The support person may remain in | ||||||
23 | the courtroom after the support person testifies and | ||||||
24 | shall be allowed to testify in rebuttal. | ||||||
25 | If the court excludes the victim's support person | ||||||
26 | during the State's case-in-chief, the victim shall be |
| |||||||
| |||||||
1 | allowed to choose another support person to be present | ||||||
2 | in court. | ||||||
3 | If the victim fails to designate a support person | ||||||
4 | within 60 days of trial and the defendant has | ||||||
5 | subpoenaed the support person to testify at trial, the | ||||||
6 | court may exclude the support person from the trial | ||||||
7 | until the support person testifies. If the court | ||||||
8 | excludes the support person the victim may choose | ||||||
9 | another person as a support person. | ||||||
10 | (9) Right to notice and hearing before disclosure of | ||||||
11 | confidential or privileged information or records. A | ||||||
12 | defendant who seeks to subpoena records of or concerning | ||||||
13 | the victim that are confidential or privileged by law must | ||||||
14 | seek permission of the court before the subpoena is | ||||||
15 | issued. The defendant must file a written motion and an | ||||||
16 | offer of proof regarding the relevance, admissibility and | ||||||
17 | materiality of the records. If the court finds by a | ||||||
18 | preponderance of the evidence that: (A) the records are | ||||||
19 | not protected by an absolute privilege and (B) the records | ||||||
20 | contain relevant, admissible, and material evidence that | ||||||
21 | is not available through other witnesses or evidence, the | ||||||
22 | court shall issue a subpoena requiring a sealed copy of | ||||||
23 | the records be delivered to the court to be reviewed in | ||||||
24 | camera. If, after conducting an in camera review of the | ||||||
25 | records, the court determines that due process requires | ||||||
26 | disclosure of any portion of the records, the court shall |
| |||||||
| |||||||
1 | provide copies of what it intends to disclose to the | ||||||
2 | prosecuting attorney and the victim. The prosecuting | ||||||
3 | attorney and the victim shall have 30 days to seek | ||||||
4 | appellate review before the records are disclosed to the | ||||||
5 | defendant. The disclosure of copies of any portion of the | ||||||
6 | records to the prosecuting attorney does not make the | ||||||
7 | records subject to discovery. | ||||||
8 | (10) Right to notice of court proceedings. If the | ||||||
9 | victim is not present at a court proceeding in which a | ||||||
10 | right of the victim is at issue, the court shall ask the | ||||||
11 | prosecuting attorney whether the victim was notified of | ||||||
12 | the time, place, and purpose of the court proceeding and | ||||||
13 | that the victim had a right to be heard at the court | ||||||
14 | proceeding. If the court determines that timely notice was | ||||||
15 | not given or that the victim was not adequately informed | ||||||
16 | of the nature of the court proceeding, the court shall not | ||||||
17 | rule on any substantive issues, accept a plea, or impose a | ||||||
18 | sentence and shall continue the hearing for the time | ||||||
19 | necessary to notify the victim of the time, place and | ||||||
20 | nature of the court proceeding. The time between court | ||||||
21 | proceedings shall not be attributable to the State under | ||||||
22 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
23 | (11) Right to timely disposition of the case. A victim | ||||||
24 | has the right to timely disposition of the case so as to | ||||||
25 | minimize the stress, cost, and inconvenience resulting | ||||||
26 | from the victim's involvement in the case. Before ruling |
| |||||||
| |||||||
1 | on a motion to continue trial or other court proceeding, | ||||||
2 | the court shall inquire into the circumstances for the | ||||||
3 | request for the delay and, if the victim has provided | ||||||
4 | written notice of the assertion of the right to a timely | ||||||
5 | disposition, and whether the victim objects to the delay. | ||||||
6 | If the victim objects, the prosecutor shall inform the | ||||||
7 | court of the victim's objections. If the prosecutor has | ||||||
8 | not conferred with the victim about the continuance, the | ||||||
9 | prosecutor shall inform the court of the attempts to | ||||||
10 | confer. If the court finds the attempts of the prosecutor | ||||||
11 | to confer with the victim were inadequate to protect the | ||||||
12 | victim's right to be heard, the court shall give the | ||||||
13 | prosecutor at least 3 but not more than 5 business days to | ||||||
14 | confer with the victim. In ruling on a motion to continue, | ||||||
15 | the court shall consider the reasons for the requested | ||||||
16 | continuance, the number and length of continuances that | ||||||
17 | have been granted, the victim's objections and procedures | ||||||
18 | to avoid further delays. If a continuance is granted over | ||||||
19 | the victim's objection, the court shall specify on the | ||||||
20 | record the reasons for the continuance and the procedures | ||||||
21 | that have been or will be taken to avoid further delays. | ||||||
22 | (12) Right to Restitution. | ||||||
23 | (A) If the victim has asserted the right to | ||||||
24 | restitution and the amount of restitution is known at | ||||||
25 | the time of sentencing, the court shall enter the | ||||||
26 | judgment of restitution at the time of sentencing. |
| |||||||
| |||||||
1 | (B) If the victim has asserted the right to | ||||||
2 | restitution and the amount of restitution is not known | ||||||
3 | at the time of sentencing, the prosecutor shall, | ||||||
4 | within 5 days after sentencing, notify the victim what | ||||||
5 | information and documentation related to restitution | ||||||
6 | is needed and that the information and documentation | ||||||
7 | must be provided to the prosecutor within 45 days | ||||||
8 | after sentencing. Failure to timely provide | ||||||
9 | information and documentation related to restitution | ||||||
10 | shall be deemed a waiver of the right to restitution. | ||||||
11 | The prosecutor shall file and serve within 60 days | ||||||
12 | after sentencing a proposed judgment for restitution | ||||||
13 | and a notice that includes information concerning the | ||||||
14 | identity of any victims or other persons seeking | ||||||
15 | restitution, whether any victim or other person | ||||||
16 | expressly declines restitution, the nature and amount | ||||||
17 | of any damages together with any supporting | ||||||
18 | documentation, a restitution amount recommendation, | ||||||
19 | and the names of any co-defendants and their case | ||||||
20 | numbers. Within 30 days after receipt of the proposed | ||||||
21 | judgment for restitution, the defendant shall file any | ||||||
22 | objection to the proposed judgment, a statement of | ||||||
23 | grounds for the objection, and a financial statement. | ||||||
24 | If the defendant does not file an objection, the court | ||||||
25 | may enter the judgment for restitution without further | ||||||
26 | proceedings. If the defendant files an objection and |
| |||||||
| |||||||
1 | either party requests a hearing, the court shall | ||||||
2 | schedule a hearing. | ||||||
3 | (13) Access to presentence reports. | ||||||
4 | (A) The victim may request a copy of the | ||||||
5 | presentence report prepared under the Unified Code of | ||||||
6 | Corrections from the State's Attorney. The State's | ||||||
7 | Attorney shall redact the following information before | ||||||
8 | providing a copy of the report: | ||||||
9 | (i) the defendant's mental history and | ||||||
10 | condition; | ||||||
11 | (ii) any evaluation prepared under subsection | ||||||
12 | (b) or (b-5) of Section 5-3-2; and | ||||||
13 | (iii) the name, address, phone number, and | ||||||
14 | other personal information about any other victim. | ||||||
15 | (B) The State's Attorney or the defendant may | ||||||
16 | request the court redact other information in the | ||||||
17 | report that may endanger the safety of any person. | ||||||
18 | (C) The State's Attorney may orally disclose to | ||||||
19 | the victim any of the information that has been | ||||||
20 | redacted if there is a reasonable likelihood that the | ||||||
21 | information will be stated in court at the sentencing. | ||||||
22 | (D) The State's Attorney must advise the victim | ||||||
23 | that the victim must maintain the confidentiality of | ||||||
24 | the report and other information. Any dissemination of | ||||||
25 | the report or information that was not stated at a | ||||||
26 | court proceeding constitutes indirect criminal |
| |||||||
| |||||||
1 | contempt of court. | ||||||
2 | (14) Appellate relief. If the trial court denies the | ||||||
3 | relief requested, the victim, the victim's attorney, or | ||||||
4 | the prosecuting attorney may file an appeal within 30 days | ||||||
5 | of the trial court's ruling. The trial or appellate court | ||||||
6 | may stay the court proceedings if the court finds that a | ||||||
7 | stay would not violate a constitutional right of the | ||||||
8 | defendant. If the appellate court denies the relief | ||||||
9 | sought, the reasons for the denial shall be clearly stated | ||||||
10 | in a written opinion. In any appeal in a criminal case, the | ||||||
11 | State may assert as error the court's denial of any crime | ||||||
12 | victim's right in the proceeding to which the appeal | ||||||
13 | relates. | ||||||
14 | (15) Limitation on appellate relief. In no case shall | ||||||
15 | an appellate court provide a new trial to remedy the | ||||||
16 | violation of a victim's right. | ||||||
17 | (16) The right to be reasonably protected from the | ||||||
18 | accused throughout the criminal justice process and the | ||||||
19 | right to have the safety of the victim and the victim's | ||||||
20 | family considered in denying or fixing the amount of bail, | ||||||
21 | determining whether to release the defendant, and setting | ||||||
22 | conditions of release after arrest and conviction. A | ||||||
23 | victim of domestic violence, a sexual offense, or stalking | ||||||
24 | may request the entry of a protective order under Article | ||||||
25 | 112A of the Code of Criminal Procedure of 1963. | ||||||
26 | (d) Procedures after the imposition of sentence. |
| |||||||
| |||||||
1 | (1) The Prisoner Review Board shall inform a victim or | ||||||
2 | any other
concerned citizen, upon written request, of the | ||||||
3 | prisoner's release on parole,
mandatory supervised | ||||||
4 | release, electronic detention, work release, international | ||||||
5 | transfer or exchange, or by the
custodian, other than the | ||||||
6 | Department of Juvenile Justice, of the discharge of any | ||||||
7 | individual who was adjudicated a delinquent
for a crime | ||||||
8 | from State custody and by the sheriff of the appropriate
| ||||||
9 | county of any such person's final discharge from county | ||||||
10 | custody.
The Prisoner Review Board, upon written request, | ||||||
11 | shall provide to a victim or
any other concerned citizen a | ||||||
12 | recent photograph of any person convicted of a
felony, | ||||||
13 | upon his or her release from custody.
The Prisoner
Review | ||||||
14 | Board, upon written request, shall inform a victim or any | ||||||
15 | other
concerned citizen when feasible at least 7 days | ||||||
16 | prior to the prisoner's release
on furlough of the times | ||||||
17 | and dates of such furlough. Upon written request by
the | ||||||
18 | victim or any other concerned citizen, the State's | ||||||
19 | Attorney shall notify
the person once of the times and | ||||||
20 | dates of release of a prisoner sentenced to
periodic | ||||||
21 | imprisonment. Notification shall be based on the most | ||||||
22 | recent
information as to victim's or other concerned | ||||||
23 | citizen's residence or other
location available to the | ||||||
24 | notifying authority.
| ||||||
25 | (2) When the defendant has been committed to the | ||||||
26 | Department of
Human Services pursuant to Section 5-2-4 or |
| |||||||
| |||||||
1 | any other
provision of the Unified Code of Corrections, | ||||||
2 | the victim may request to be
notified by the releasing | ||||||
3 | authority of the approval by the court of an on-grounds | ||||||
4 | pass, a supervised off-grounds pass, an unsupervised | ||||||
5 | off-grounds pass, or conditional release; the release on | ||||||
6 | an off-grounds pass; the return from an off-grounds pass; | ||||||
7 | transfer to another facility; conditional release; escape; | ||||||
8 | death; or final discharge from State
custody. The | ||||||
9 | Department of Human Services shall establish and maintain | ||||||
10 | a statewide telephone number to be used by victims to make | ||||||
11 | notification requests under these provisions and shall | ||||||
12 | publicize this telephone number on its website and to the | ||||||
13 | State's Attorney of each county.
| ||||||
14 | (3) In the event of an escape from State custody, the | ||||||
15 | Department of
Corrections or the Department of Juvenile | ||||||
16 | Justice immediately shall notify the Prisoner Review Board | ||||||
17 | of the escape
and the Prisoner Review Board shall notify | ||||||
18 | the victim. The notification shall
be based upon the most | ||||||
19 | recent information as to the victim's residence or other
| ||||||
20 | location available to the Board. When no such information | ||||||
21 | is available, the
Board shall make all reasonable efforts | ||||||
22 | to obtain the information and make
the notification. When | ||||||
23 | the escapee is apprehended, the Department of
Corrections | ||||||
24 | or the Department of Juvenile Justice immediately shall | ||||||
25 | notify the Prisoner Review Board and the Board
shall | ||||||
26 | notify the victim.
|
| |||||||
| |||||||
1 | (4) The victim of the crime for which the prisoner has | ||||||
2 | been sentenced
has the right to register with the Prisoner | ||||||
3 | Review Board's victim registry. Victims registered with | ||||||
4 | the Board shall receive reasonable written notice not less | ||||||
5 | than 30 days prior to the
parole hearing or target | ||||||
6 | aftercare release date. The victim has the right to submit | ||||||
7 | a victim statement for consideration by the Prisoner | ||||||
8 | Review Board or the Department of Juvenile Justice in | ||||||
9 | writing, on film, videotape, or other electronic means, or | ||||||
10 | in the form of a recording prior to the parole hearing or | ||||||
11 | target aftercare release date, or in person at the parole | ||||||
12 | hearing or aftercare release protest hearing, or by | ||||||
13 | calling the toll-free number established in subsection (f) | ||||||
14 | of this Section. , The
victim shall be notified within 7 | ||||||
15 | days after the prisoner has been granted
parole or | ||||||
16 | aftercare release and shall be informed of the right to | ||||||
17 | inspect the registry of parole
decisions, established | ||||||
18 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
19 | of Corrections. The provisions of this paragraph (4) are | ||||||
20 | subject to the
Open Parole Hearings Act. Victim statements | ||||||
21 | provided to the Board shall be confidential and | ||||||
22 | privileged, including any statements received prior to | ||||||
23 | January 1, 2020 ( the effective date of Public Act 101-288) | ||||||
24 | this amendatory Act of the 101st General Assembly , except | ||||||
25 | if the statement was an oral statement made by the victim | ||||||
26 | at a hearing open to the public.
|
| |||||||
| |||||||
1 | (4-1) The crime victim has the right to submit a | ||||||
2 | victim statement for consideration by the Prisoner Review | ||||||
3 | Board or the Department of Juvenile Justice prior to or at | ||||||
4 | a hearing to determine the conditions of mandatory | ||||||
5 | supervised release of a person sentenced to a determinate | ||||||
6 | sentence or at a hearing on revocation of mandatory | ||||||
7 | supervised release of a person sentenced to a determinate | ||||||
8 | sentence. A victim statement may be submitted in writing, | ||||||
9 | on film, videotape, or other electronic means, or in the | ||||||
10 | form of a recording, or orally at a hearing, or by calling | ||||||
11 | the toll-free number established in subsection (f) of this | ||||||
12 | Section. Victim statements provided to the Board shall be | ||||||
13 | confidential and privileged, including any statements | ||||||
14 | received prior to January 1, 2020 ( the effective date of | ||||||
15 | Public Act 101-288) this amendatory Act of the 101st | ||||||
16 | General Assembly , except if the statement was an oral | ||||||
17 | statement made by the victim at a hearing open to the | ||||||
18 | public. | ||||||
19 | (4-2) The crime victim has the right to submit a | ||||||
20 | victim statement to the Prisoner Review Board for | ||||||
21 | consideration at an executive clemency hearing as provided | ||||||
22 | in Section 3-3-13 of the Unified Code of Corrections. A | ||||||
23 | victim statement may be submitted in writing, on film, | ||||||
24 | videotape, or other electronic means, or in the form of a | ||||||
25 | recording prior to a hearing, or orally at a hearing, or by | ||||||
26 | calling the toll-free number established in subsection (f) |
| |||||||
| |||||||
1 | of this Section. Victim statements provided to the Board | ||||||
2 | shall be confidential and privileged, including any | ||||||
3 | statements received prior to January 1, 2020 ( the | ||||||
4 | effective date of Public Act 101-288) this amendatory Act | ||||||
5 | of the 101st General Assembly , except if the statement was | ||||||
6 | an oral statement made by the victim at a hearing open to | ||||||
7 | the public. | ||||||
8 | (5) If a statement is presented under Section 6, the | ||||||
9 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
10 | shall inform the victim of any order of discharge pursuant
| ||||||
11 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
12 | Corrections.
| ||||||
13 | (6) At the written or oral request of the victim of the | ||||||
14 | crime for which the
prisoner was sentenced or the State's | ||||||
15 | Attorney of the county where the person seeking parole or | ||||||
16 | aftercare release was prosecuted, the Prisoner Review | ||||||
17 | Board or Department of Juvenile Justice shall notify the | ||||||
18 | victim and the State's Attorney of the county where the | ||||||
19 | person seeking parole or aftercare release was prosecuted | ||||||
20 | of
the death of the prisoner if the prisoner died while on | ||||||
21 | parole or aftercare release or mandatory
supervised | ||||||
22 | release.
| ||||||
23 | (7) When a defendant who has been committed to the | ||||||
24 | Department of
Corrections, the Department of Juvenile | ||||||
25 | Justice, or the Department of Human Services is released | ||||||
26 | or discharged and
subsequently committed to the Department |
| |||||||
| |||||||
1 | of Human Services as a sexually
violent person and the | ||||||
2 | victim had requested to be notified by the releasing
| ||||||
3 | authority of the defendant's discharge, conditional | ||||||
4 | release, death, or escape from State custody, the | ||||||
5 | releasing
authority shall provide to the Department of | ||||||
6 | Human Services such information
that would allow the | ||||||
7 | Department of Human Services to contact the victim.
| ||||||
8 | (8) When a defendant has been convicted of a sex | ||||||
9 | offense as defined in Section 2 of the Sex Offender | ||||||
10 | Registration Act and has been sentenced to the Department | ||||||
11 | of Corrections or the Department of Juvenile Justice, the | ||||||
12 | Prisoner Review Board or the Department of Juvenile | ||||||
13 | Justice shall notify the victim of the sex offense of the | ||||||
14 | prisoner's eligibility for release on parole, aftercare | ||||||
15 | release,
mandatory supervised release, electronic | ||||||
16 | detention, work release, international transfer or | ||||||
17 | exchange, or by the
custodian of the discharge of any | ||||||
18 | individual who was adjudicated a delinquent
for a sex | ||||||
19 | offense from State custody and by the sheriff of the | ||||||
20 | appropriate
county of any such person's final discharge | ||||||
21 | from county custody. The notification shall be made to the | ||||||
22 | victim at least 30 days, whenever possible, before release | ||||||
23 | of the sex offender. | ||||||
24 | (e) The officials named in this Section may satisfy some | ||||||
25 | or all of their
obligations to provide notices and other | ||||||
26 | information through participation in a
statewide victim and |
| |||||||
| |||||||
1 | witness notification system established by the Attorney
| ||||||
2 | General under Section 8.5 of this Act.
| ||||||
3 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
4 | number that may be accessed by the crime victim to present a | ||||||
5 | victim statement to the Board in accordance with paragraphs | ||||||
6 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
7 | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||||||
8 | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
| ||||||
9 | Section 745. The Unified Code of Corrections is amended by | ||||||
10 | changing Sections 3-1-2, 3-2.5-20, 3-3-2, 3-6-3, 3-8-5, | ||||||
11 | 3-14-1, 5-2-4, 5-3-2, 5-5-3.2, and 5-6-3 and by setting forth | ||||||
12 | and renumbering multiple versions of Section 3-2-2.3 as | ||||||
13 | follows:
| ||||||
14 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||||||
15 | Sec. 3-1-2. Definitions. | ||||||
16 | (a) "Chief Administrative Officer" means the
person | ||||||
17 | designated by the Director to exercise the powers and duties | ||||||
18 | of the
Department of Corrections in regard to committed | ||||||
19 | persons within
a correctional institution or facility, and | ||||||
20 | includes the
superintendent of any juvenile institution or | ||||||
21 | facility.
| ||||||
22 | (a-3) "Aftercare release" means the conditional and | ||||||
23 | revocable release of a person committed to the Department of | ||||||
24 | Juvenile Justice under the Juvenile Court Act of 1987, under |
| |||||||
| |||||||
1 | the supervision of the Department of Juvenile Justice. | ||||||
2 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
3 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
4 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
5 | Section 5-6-3.1 only means: | ||||||
6 | (i) A violation of any of the following Sections of | ||||||
7 | the Criminal Code of
1961 or the Criminal Code of 2012: | ||||||
8 | 10-7 (aiding or abetting child abduction under Section | ||||||
9 | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | ||||||
10 | solicitation of a child), 11-6.5
(indecent solicitation of | ||||||
11 | an adult), 11-14.4 (promoting juvenile prostitution),
| ||||||
12 | 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | ||||||
13 | (keeping a place of juvenile prostitution), 11-18.1
| ||||||
14 | (patronizing a juvenile prostitute), 11-19.1 (juvenile | ||||||
15 | pimping),
11-19.2 (exploitation of a child), 11-20.1 | ||||||
16 | (child pornography), 11-20.1B or 11-20.3 (aggravated child | ||||||
17 | pornography), 11-1.40 or 12-14.1
(predatory criminal | ||||||
18 | sexual assault of a child), or 12-33 (ritualized abuse of | ||||||
19 | a
child). An attempt to commit any of
these offenses. | ||||||
20 | (ii) A violation of any of the following Sections of | ||||||
21 | the Criminal Code
of 1961 or the Criminal Code of 2012: | ||||||
22 | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | ||||||
23 | 12-14 (aggravated criminal sexual assault), 11-1.60 or | ||||||
24 | 12-16 (aggravated criminal sexual abuse), and subsection | ||||||
25 | (a) of Section 11-1.50 or subsection (a) of Section 12-15
| ||||||
26 | (criminal sexual abuse). An attempt to commit
any of these |
| |||||||
| |||||||
1 | offenses. | ||||||
2 | (iii) A violation of any of the following Sections of | ||||||
3 | the Criminal Code
of 1961 or the Criminal Code of 2012 when | ||||||
4 | the defendant is
not a parent of the victim: | ||||||
5 | 10-1 (kidnapping),
| ||||||
6 | 10-2 (aggravated kidnapping), | ||||||
7 | 10-3 (unlawful restraint),
| ||||||
8 | 10-3.1 (aggravated unlawful restraint). | ||||||
9 | An attempt to commit any of these offenses. | ||||||
10 | (iv) A violation of any former law of this State | ||||||
11 | substantially
equivalent to any offense listed in this | ||||||
12 | subsection (a-5). | ||||||
13 | An offense violating federal law or the law of another | ||||||
14 | state
that is substantially equivalent to any offense listed | ||||||
15 | in this
subsection (a-5) shall constitute a sex offense for | ||||||
16 | the purpose of
this subsection (a-5). A finding or | ||||||
17 | adjudication as a sexually dangerous person under
any federal | ||||||
18 | law or law of another state that is substantially equivalent | ||||||
19 | to the
Sexually Dangerous Persons Act shall constitute an | ||||||
20 | adjudication for a sex offense for the
purposes of this | ||||||
21 | subsection (a-5).
| ||||||
22 | (b) "Commitment" means a judicially determined placement
| ||||||
23 | in the custody of the Department of Corrections on the basis of
| ||||||
24 | delinquency or conviction.
| ||||||
25 | (c) "Committed person" is a person committed to the | ||||||
26 | Department,
however a committed person shall not be considered |
| |||||||
| |||||||
1 | to be an employee of
the Department of Corrections for any | ||||||
2 | purpose, including eligibility for
a pension, benefits, or any | ||||||
3 | other compensation or rights or privileges which
may be | ||||||
4 | provided to employees of the Department.
| ||||||
5 | (c-5) "Computer scrub software" means any third-party | ||||||
6 | added software, designed to delete information from the | ||||||
7 | computer unit, the hard drive, or other software, which would | ||||||
8 | eliminate and prevent discovery of browser activity, | ||||||
9 | including , but not limited to , Internet history, address bar | ||||||
10 | or bars, cache or caches, and/or cookies, and which would | ||||||
11 | over-write files in a way so as to make previous computer | ||||||
12 | activity, including , but not limited to , website access, more | ||||||
13 | difficult to discover. | ||||||
14 | (c-10) "Content-controlled tablet" means any device that | ||||||
15 | can only access visitation applications or content relating to | ||||||
16 | educational or personal development. | ||||||
17 | (d) "Correctional institution or facility" means any | ||||||
18 | building or
part of a building where committed persons are | ||||||
19 | kept in a secured manner.
| ||||||
20 | (e) "Department" means both the Department of Corrections | ||||||
21 | and the Department of Juvenile Justice of this State, unless | ||||||
22 | the context is specific to either the Department of | ||||||
23 | Corrections or the Department of Juvenile Justice.
| ||||||
24 | (f) "Director" means both the Director of Corrections and | ||||||
25 | the Director of Juvenile Justice, unless the context is | ||||||
26 | specific to either the Director of Corrections or the Director |
| |||||||
| |||||||
1 | of Juvenile Justice.
| ||||||
2 | (f-5) (Blank).
| ||||||
3 | (g) "Discharge" means the final termination of a | ||||||
4 | commitment
to the Department of Corrections.
| ||||||
5 | (h) "Discipline" means the rules and regulations for the
| ||||||
6 | maintenance of order and the protection of persons and | ||||||
7 | property
within the institutions and facilities of the | ||||||
8 | Department and
their enforcement.
| ||||||
9 | (i) "Escape" means the intentional and unauthorized | ||||||
10 | absence
of a committed person from the custody of the | ||||||
11 | Department.
| ||||||
12 | (j) "Furlough" means an authorized leave of absence from | ||||||
13 | the
Department of Corrections for a designated purpose and | ||||||
14 | period of time.
| ||||||
15 | (k) "Parole" means the conditional and revocable release
| ||||||
16 | of a person committed to the Department of Corrections under | ||||||
17 | the supervision of a parole officer.
| ||||||
18 | (l) "Prisoner Review Board" means the Board established in
| ||||||
19 | Section 3-3-1(a), independent of the Department, to review
| ||||||
20 | rules and regulations with respect to good time credits, to
| ||||||
21 | hear charges brought by the Department against certain | ||||||
22 | prisoners
alleged to have violated Department rules with | ||||||
23 | respect to good
time credits, to set release dates for certain | ||||||
24 | prisoners
sentenced under the law in effect prior to February | ||||||
25 | 1, 1978 ( the effective
date of Public Act 80-1099) this | ||||||
26 | Amendatory Act of 1977 , to hear and decide the time of |
| |||||||
| |||||||
1 | aftercare release for persons committed to the Department of | ||||||
2 | Juvenile Justice under the Juvenile Court Act of 1987 to hear | ||||||
3 | requests and
make recommendations to the Governor with respect | ||||||
4 | to pardon,
reprieve or commutation, to set conditions for | ||||||
5 | parole, aftercare release, and
mandatory supervised release | ||||||
6 | and determine whether violations
of those conditions justify | ||||||
7 | revocation of parole or release,
and to assume all other | ||||||
8 | functions previously exercised by the
Illinois Parole and | ||||||
9 | Pardon Board.
| ||||||
10 | (m) Whenever medical treatment, service, counseling, or
| ||||||
11 | care is referred to in this Unified Code of Corrections,
such | ||||||
12 | term may be construed by the Department or Court, within
its | ||||||
13 | discretion, to include treatment, service , or counseling by
a | ||||||
14 | Christian Science practitioner or nursing care appropriate
| ||||||
15 | therewith whenever request therefor is made by a person | ||||||
16 | subject
to the provisions of this Code Act .
| ||||||
17 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
18 | subsection (a) of
Section 3 of the Bill of Rights of Crime for | ||||||
19 | Victims and Witnesses of Violent Crime Act.
| ||||||
20 | (o) "Wrongfully imprisoned person" means a person who has | ||||||
21 | been discharged from a prison of this State and
has received: | ||||||
22 | (1) a pardon from the Governor stating that such | ||||||
23 | pardon is issued on the ground of innocence of the crime | ||||||
24 | for which he or she was imprisoned; or | ||||||
25 | (2) a certificate of innocence from the Circuit Court | ||||||
26 | as provided in Section 2-702 of the Code of Civil |
| |||||||
| |||||||
1 | Procedure. | ||||||
2 | (Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
| ||||||
3 | (730 ILCS 5/3-2-2.3) | ||||||
4 | Sec. 3-2-2.3. Voting rights information. | ||||||
5 | (a) The Department shall make available to a person in its | ||||||
6 | custody current resource materials, maintained by the Illinois | ||||||
7 | State Board of Elections, containing detailed information | ||||||
8 | regarding the voting rights of a person with a criminal | ||||||
9 | conviction in the following formats: | ||||||
10 | (1) in print; | ||||||
11 | (2) on the Department's website; and | ||||||
12 | (3) in a visible location on the premises of each | ||||||
13 | Department facility where notices are customarily posted. | ||||||
14 | (b) The current resource materials described under | ||||||
15 | subsection (a) shall be provided upon release of a person on | ||||||
16 | parole, mandatory supervised release, final discharge, or | ||||||
17 | pardon from the Department.
| ||||||
18 | (Source: P.A. 101-442, eff. 1-1-20.)
| ||||||
19 | (730 ILCS 5/3-2-2.4)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2022) | ||||||
21 | Sec. 3-2-2.4 3-2-2.3 . Tamms Minimum Security Unit Task | ||||||
22 | Force. | ||||||
23 | (a) The Tamms Minimum Security Unit Task Force is created | ||||||
24 | to study using the Tamms Minimum Security Unit as a vocational |
| |||||||
| |||||||
1 | training facility for the Department of Corrections. The | ||||||
2 | membership of the Task Force shall include: | ||||||
3 | (1) one member to serve as chair, appointed by the | ||||||
4 | Lieutenant Governor; | ||||||
5 | (2) one member of the House of Representatives
| ||||||
6 | appointed by the Speaker of the House of Representatives; | ||||||
7 | (3) one member of the House of Representatives
| ||||||
8 | appointed by the Minority Leader of the House of
| ||||||
9 | Representatives; | ||||||
10 | (4) one member of the Senate appointed by the Senate
| ||||||
11 | President; | ||||||
12 | (5) one member of the Senate appointed by the Senate
| ||||||
13 | Minority Leader; | ||||||
14 | (6) the Director of Corrections or his or her | ||||||
15 | designee; | ||||||
16 | (7) one member of a labor organization representing a | ||||||
17 | plurality of Department of Corrections employees; | ||||||
18 | (8) one member representing Shawnee Community College,
| ||||||
19 | appointed by the President of Shawnee Community College; | ||||||
20 | (9) one member representing Southern Illinois
| ||||||
21 | University, appointed by the President of Southern
| ||||||
22 | Illinois University; | ||||||
23 | (10) the mayor of Tamms, Illinois; and | ||||||
24 | (11) one member representing Alexander County,
| ||||||
25 | appointed by the Chairman of the Alexander County Board. | ||||||
26 | (b) Each member of the Task Force shall serve without |
| |||||||
| |||||||
1 | compensation. The members of the Task Force shall select a | ||||||
2 | Chairperson. The Task Force shall meet 2 times per year or at | ||||||
3 | the call of the Chairperson. The Department of Corrections | ||||||
4 | shall provide administrative support to the Task Force. | ||||||
5 | (c) The Task Force shall submit a report to the Governor | ||||||
6 | and the General Assembly on or before December 31, 2020 with | ||||||
7 | its recommendations. The Task Force is dissolved on January 1, | ||||||
8 | 2021. | ||||||
9 | (d) This Section is repealed on January 1, 2022.
| ||||||
10 | (Source: P.A. 101-449, eff. 1-1-20; revised 10-23-19.)
| ||||||
11 | (730 ILCS 5/3-2.5-20)
| ||||||
12 | Sec. 3-2.5-20. General powers and duties. | ||||||
13 | (a) In addition to the powers, duties, and | ||||||
14 | responsibilities which are otherwise provided by law or | ||||||
15 | transferred to the Department as a result of this Article, the | ||||||
16 | Department, as determined by the Director, shall have, but is | ||||||
17 | are not limited to, the following rights, powers, functions , | ||||||
18 | and duties: | ||||||
19 | (1) To accept juveniles committed to it by the courts | ||||||
20 | of this State for care, custody, treatment, and | ||||||
21 | rehabilitation. | ||||||
22 | (2) To maintain and administer all State juvenile | ||||||
23 | correctional institutions previously under the control of | ||||||
24 | the Juvenile and Women's & Children Divisions of the | ||||||
25 | Department of Corrections, and to establish and maintain |
| |||||||
| |||||||
1 | institutions as needed to meet the needs of the youth | ||||||
2 | committed to its care. | ||||||
3 | (3) To identify the need for and recommend the funding | ||||||
4 | and implementation of an appropriate mix of programs and | ||||||
5 | services within the juvenile justice continuum, including , | ||||||
6 | but not limited to , prevention, nonresidential and | ||||||
7 | residential commitment programs, day treatment, and | ||||||
8 | conditional release programs and services, with the | ||||||
9 | support of educational, vocational, alcohol, drug abuse, | ||||||
10 | and mental health services where appropriate. | ||||||
11 | (3.5) To assist youth committed to the Department of | ||||||
12 | Juvenile Justice under the Juvenile Court Act of 1987 with | ||||||
13 | successful reintegration into society, the Department | ||||||
14 | shall retain custody and control of all adjudicated | ||||||
15 | delinquent juveniles released under Section 3-2.5-85 or | ||||||
16 | 3-3-10 of this Code, shall provide a continuum of | ||||||
17 | post-release treatment and services to those youth, and | ||||||
18 | shall supervise those youth during their release period in | ||||||
19 | accordance with the conditions set by the Department or | ||||||
20 | the Prisoner Review Board. | ||||||
21 | (4) To establish and provide transitional and | ||||||
22 | post-release treatment programs for juveniles committed to | ||||||
23 | the Department. Services shall include , but are not | ||||||
24 | limited to: | ||||||
25 | (i) family and individual counseling and treatment | ||||||
26 | placement; |
| |||||||
| |||||||
1 | (ii) referral services to any other State or local | ||||||
2 | agencies; | ||||||
3 | (iii) mental health services; | ||||||
4 | (iv) educational services; | ||||||
5 | (v) family counseling services; and | ||||||
6 | (vi) substance abuse services. | ||||||
7 | (5) To access vital records of juveniles for the | ||||||
8 | purposes of providing necessary documentation for | ||||||
9 | transitional services such as obtaining identification, | ||||||
10 | educational enrollment, employment, and housing. | ||||||
11 | (6) To develop staffing and workload standards and | ||||||
12 | coordinate staff development and training appropriate for | ||||||
13 | juvenile populations. | ||||||
14 | (6.5) To develop policies and procedures promoting | ||||||
15 | family engagement and visitation appropriate for juvenile | ||||||
16 | populations. | ||||||
17 | (7) To develop, with the approval of the Office of the | ||||||
18 | Governor and the Governor's Office of Management and | ||||||
19 | Budget, annual budget requests.
| ||||||
20 | (8) To administer the Interstate Compact for | ||||||
21 | Juveniles, with respect to all juveniles under its | ||||||
22 | jurisdiction, and to cooperate with the Department of | ||||||
23 | Human Services with regard to all non-offender juveniles | ||||||
24 | subject to the Interstate Compact for Juveniles. | ||||||
25 | (9) To decide the date of release on aftercare for | ||||||
26 | youth committed to the Department under Section 5-750 of |
| |||||||
| |||||||
1 | the Juvenile Court Act of 1987. | ||||||
2 | (10) To set conditions of aftercare release for all | ||||||
3 | youth committed to the Department under the Juvenile Court | ||||||
4 | Act of 1987.
| ||||||
5 | (b) The Department may employ personnel in accordance with | ||||||
6 | the Personnel Code and Section 3-2.5-15 of this Code, provide | ||||||
7 | facilities, contract for goods and services, and adopt rules | ||||||
8 | as necessary to carry out its functions and purposes, all in | ||||||
9 | accordance with applicable State and federal law.
| ||||||
10 | (c) On and after the date 6 months after August 16, 2013 | ||||||
11 | (the effective date of Public Act 98-488), as provided in the | ||||||
12 | Executive Order 1 (2012) Implementation Act, all of the | ||||||
13 | powers, duties, rights, and responsibilities related to State | ||||||
14 | healthcare purchasing under this Code that were transferred | ||||||
15 | from the Department of Corrections to the Department of | ||||||
16 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
17 | transferred back to the Department of Corrections; however, | ||||||
18 | powers, duties, rights, and responsibilities related to State | ||||||
19 | healthcare purchasing under this Code that were exercised by | ||||||
20 | the Department of Corrections before the effective date of | ||||||
21 | Executive Order 3 (2005) but that pertain to individuals | ||||||
22 | resident in facilities operated by the Department of Juvenile | ||||||
23 | Justice are transferred to the Department of Juvenile Justice. | ||||||
24 | (Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.)
| ||||||
25 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
|
| |||||||
| |||||||
1 | Sec. 3-3-2. Powers and duties.
| ||||||
2 | (a) The Parole and Pardon Board is abolished and the term | ||||||
3 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
4 | read "Prisoner Review
Board." After February 1, 1978 ( the | ||||||
5 | effective date of Public Act 81-1099) this amendatory Act of | ||||||
6 | 1977 , the
Prisoner Review Board shall provide by rule for the | ||||||
7 | orderly transition of
all files, records, and documents of the | ||||||
8 | Parole and Pardon Board and for
such other steps as may be | ||||||
9 | necessary to effect an orderly transition and shall:
| ||||||
10 | (1) hear by at least one member and through a panel of | ||||||
11 | at least 3 members
decide, cases of prisoners
who were | ||||||
12 | sentenced under the law in effect prior to February 1, | ||||||
13 | 1978 ( the effective
date of Public Act 81-1099) this | ||||||
14 | amendatory Act of 1977 , and who are eligible for parole;
| ||||||
15 | (2) hear by at least one member and through a panel of | ||||||
16 | at least 3 members decide, the conditions of
parole and | ||||||
17 | the time of discharge from parole, impose sanctions for
| ||||||
18 | violations of parole, and revoke
parole for those | ||||||
19 | sentenced under the law in effect prior to February 1, | ||||||
20 | 1978 (the effective
date of Public Act 81-1099) this | ||||||
21 | amendatory
Act of 1977 ; provided that the decision to | ||||||
22 | parole and the conditions of
parole for all prisoners who | ||||||
23 | were sentenced for first degree murder or who
received a | ||||||
24 | minimum sentence of 20 years or more under the law in | ||||||
25 | effect
prior to February 1, 1978 shall be determined by a | ||||||
26 | majority vote of the
Prisoner Review Board. One |
| |||||||
| |||||||
1 | representative supporting parole and one representative | ||||||
2 | opposing parole will be allowed to speak. Their comments | ||||||
3 | shall be limited to making corrections and filling in | ||||||
4 | omissions to the Board's presentation and discussion;
| ||||||
5 | (3) hear by at least one member and through a panel of | ||||||
6 | at least 3 members decide, the conditions
of mandatory | ||||||
7 | supervised release and the time of discharge from | ||||||
8 | mandatory
supervised release, impose sanctions for | ||||||
9 | violations of mandatory
supervised release, and revoke | ||||||
10 | mandatory supervised release for those
sentenced under the | ||||||
11 | law in effect after February 1, 1978 ( the effective date | ||||||
12 | of Public Act 81-1099) this
amendatory Act of 1977 ;
| ||||||
13 | (3.5) hear by at least one member and through a panel | ||||||
14 | of at least 3 members decide, the conditions of mandatory | ||||||
15 | supervised release and the time of discharge from | ||||||
16 | mandatory supervised release, to impose sanctions for | ||||||
17 | violations of mandatory supervised release and revoke | ||||||
18 | mandatory supervised release for those serving extended | ||||||
19 | supervised release terms pursuant to paragraph (4) of | ||||||
20 | subsection (d) of Section 5-8-1;
| ||||||
21 | (3.6) hear by at least one member and through a panel | ||||||
22 | of at least 3 members decide whether to revoke aftercare | ||||||
23 | release for those committed to the Department of Juvenile | ||||||
24 | Justice under the Juvenile Court Act of 1987; | ||||||
25 | (4) hear by at least one member and through a panel of | ||||||
26 | at least 3
members,
decide cases brought by the Department |
| |||||||
| |||||||
1 | of Corrections against a prisoner in
the custody of the | ||||||
2 | Department for alleged violation of Department rules
with | ||||||
3 | respect to sentence credits under Section 3-6-3 of this | ||||||
4 | Code
in which the Department seeks to revoke sentence | ||||||
5 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
6 | when, during any 12-month 12 month period, the
cumulative | ||||||
7 | amount of credit revoked exceeds 30 days except where the
| ||||||
8 | infraction is committed or discovered within 60 days of | ||||||
9 | scheduled release.
In such cases, the Department of | ||||||
10 | Corrections may revoke up to 30 days of
sentence credit. | ||||||
11 | The Board may subsequently approve the revocation of
| ||||||
12 | additional sentence credit, if the Department seeks to | ||||||
13 | revoke sentence credit in excess of 30 thirty days. | ||||||
14 | However, the Board shall not be
empowered to review the | ||||||
15 | Department's decision with respect to the loss of
30 days | ||||||
16 | of sentence credit for any prisoner or to increase any | ||||||
17 | penalty
beyond the length requested by the Department;
| ||||||
18 | (5) hear by at least one member and through a panel of | ||||||
19 | at least 3
members decide, the
release dates for certain | ||||||
20 | prisoners sentenced under the law in existence
prior to | ||||||
21 | February 1, 1978 ( the effective date of Public Act | ||||||
22 | 81-1099) this amendatory Act of 1977 , in
accordance with | ||||||
23 | Section 3-3-2.1 of this Code;
| ||||||
24 | (6) hear by at least one member and through a panel of | ||||||
25 | at least 3 members
decide, all requests for pardon, | ||||||
26 | reprieve or commutation, and make confidential
|
| |||||||
| |||||||
1 | recommendations to the Governor;
| ||||||
2 | (6.5) hear by at least one member who is qualified in | ||||||
3 | the field of juvenile matters and through a panel of at | ||||||
4 | least 3 members, 2 of whom are qualified in the field of | ||||||
5 | juvenile matters, decide parole review cases in accordance | ||||||
6 | with Section 5-4.5-115 of this Code and make release | ||||||
7 | determinations of persons under the age of 21 at the time | ||||||
8 | of the commission of an offense or offenses, other than | ||||||
9 | those persons serving sentences for first degree murder or | ||||||
10 | aggravated criminal sexual assault; | ||||||
11 | (6.6) hear by at least a quorum of
the Prisoner Review | ||||||
12 | Board and decide by a majority of members present at the | ||||||
13 | hearing, in accordance with Section 5-4.5-115 of this
| ||||||
14 | Code, release determinations of persons under the age of | ||||||
15 | 21 at the
time of the commission of an offense or offenses | ||||||
16 | of those persons serving
sentences for first degree murder | ||||||
17 | or aggravated criminal sexual assault; | ||||||
18 | (7) comply with the requirements of the Open Parole | ||||||
19 | Hearings Act;
| ||||||
20 | (8) hear by at least one member and, through a panel of | ||||||
21 | at least 3
members, decide cases brought by the Department | ||||||
22 | of Corrections against a
prisoner in the custody of the | ||||||
23 | Department for court dismissal of a frivolous
lawsuit | ||||||
24 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
25 | Department seeks
to revoke up to 180 days of sentence | ||||||
26 | credit, and if the prisoner has not
accumulated 180 days |
| |||||||
| |||||||
1 | of sentence credit at the time of the dismissal, then
all | ||||||
2 | sentence credit accumulated by the prisoner shall be | ||||||
3 | revoked;
| ||||||
4 | (9) hear by at least 3 members, and, through a panel of | ||||||
5 | at least 3
members, decide whether to grant certificates | ||||||
6 | of relief from
disabilities or certificates of good | ||||||
7 | conduct as provided in Article 5.5 of
Chapter V; | ||||||
8 | (10) upon a petition by a person who has been | ||||||
9 | convicted of a Class 3 or Class 4 felony and who meets the | ||||||
10 | requirements of this paragraph, hear by at least 3 members | ||||||
11 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
12 | a certificate of eligibility for sealing recommending that | ||||||
13 | the court order the sealing of all official
records of the | ||||||
14 | arresting authority, the circuit court clerk, and the | ||||||
15 | Department of State Police concerning the arrest and | ||||||
16 | conviction for the Class 3 or 4 felony. A person may not | ||||||
17 | apply to the Board for a certificate of eligibility for | ||||||
18 | sealing: | ||||||
19 | (A) until 5 years have elapsed since the | ||||||
20 | expiration of his or her sentence; | ||||||
21 | (B) until 5 years have elapsed since any arrests | ||||||
22 | or detentions by a law enforcement officer for an | ||||||
23 | alleged violation of law, other than a petty offense, | ||||||
24 | traffic offense, conservation offense, or local | ||||||
25 | ordinance offense; | ||||||
26 | (C) if convicted of a violation of the Cannabis |
| |||||||
| |||||||
1 | Control Act, Illinois Controlled Substances Act, the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | the Methamphetamine Precursor Control Act, or the | ||||||
4 | Methamphetamine Precursor Tracking Act unless the | ||||||
5 | petitioner has completed a drug abuse program for the | ||||||
6 | offense on which sealing is sought and provides proof | ||||||
7 | that he or she has completed the program successfully; | ||||||
8 | (D) if convicted of: | ||||||
9 | (i) a sex offense described in Article 11 or | ||||||
10 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012; | ||||||
13 | (ii) aggravated assault; | ||||||
14 | (iii) aggravated battery; | ||||||
15 | (iv) domestic battery; | ||||||
16 | (v) aggravated domestic battery; | ||||||
17 | (vi) violation of an order of protection; | ||||||
18 | (vii) an offense under the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012 involving a | ||||||
20 | firearm; | ||||||
21 | (viii) driving while under the influence of | ||||||
22 | alcohol, other drug or drugs, intoxicating | ||||||
23 | compound or compounds , or any combination thereof; | ||||||
24 | (ix) aggravated driving while under the | ||||||
25 | influence of alcohol, other drug or drugs, | ||||||
26 | intoxicating compound or compounds , or any |
| |||||||
| |||||||
1 | combination thereof; or | ||||||
2 | (x) any crime defined as a crime of violence | ||||||
3 | under Section 2 of the Crime Victims Compensation | ||||||
4 | Act. | ||||||
5 | If a person has applied to the Board for a certificate | ||||||
6 | of eligibility for sealing and the Board denies the | ||||||
7 | certificate, the person must wait at least 4 years before | ||||||
8 | filing again or filing for pardon from the Governor unless | ||||||
9 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
10 | The decision to issue or refrain from issuing a | ||||||
11 | certificate of eligibility for sealing shall be at the | ||||||
12 | Board's sole discretion, and shall not give rise to any | ||||||
13 | cause of action against either the Board or its members. | ||||||
14 | The Board may only authorize the sealing of Class 3 | ||||||
15 | and 4 felony convictions of the petitioner from one | ||||||
16 | information or indictment under this paragraph (10). A | ||||||
17 | petitioner may only receive one certificate of eligibility | ||||||
18 | for sealing under this provision for life; and
| ||||||
19 | (11) upon a petition by a person who after having been | ||||||
20 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
21 | in the United States Armed Forces or National Guard of | ||||||
22 | this or any other state and had received an honorable | ||||||
23 | discharge from the United States Armed Forces or National | ||||||
24 | Guard or who at the time of filing the petition is enlisted | ||||||
25 | in the United States Armed Forces or National Guard of | ||||||
26 | this or any other state and served one tour of duty and who |
| |||||||
| |||||||
1 | meets the requirements of this paragraph, hear by at least | ||||||
2 | 3 members and, with the unanimous vote of a panel of 3 | ||||||
3 | members, issue a certificate of eligibility for | ||||||
4 | expungement recommending that the court order the | ||||||
5 | expungement of all official
records of the arresting | ||||||
6 | authority, the circuit court clerk, and the Department of | ||||||
7 | State Police concerning the arrest and conviction for the | ||||||
8 | Class 3 or 4 felony. A person may not apply to the Board | ||||||
9 | for a certificate of eligibility for expungement: | ||||||
10 | (A) if convicted of: | ||||||
11 | (i) a sex offense described in Article 11 or | ||||||
12 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
13 | the Criminal Code of 1961 or Criminal Code of | ||||||
14 | 2012; | ||||||
15 | (ii) an offense under the Criminal Code of | ||||||
16 | 1961 or Criminal Code of 2012 involving a firearm; | ||||||
17 | or | ||||||
18 | (iii) a crime of violence as defined in | ||||||
19 | Section 2 of the Crime Victims Compensation Act; | ||||||
20 | or | ||||||
21 | (B) if the person has not served in the United | ||||||
22 | States Armed Forces or National Guard of this or any | ||||||
23 | other state or has not received an honorable discharge | ||||||
24 | from the United States Armed Forces or National Guard | ||||||
25 | of this or any other state or who at the time of the | ||||||
26 | filing of the petition is serving in the United States |
| |||||||
| |||||||
1 | Armed Forces or National Guard of this or any other | ||||||
2 | state and has not completed one tour of duty. | ||||||
3 | If a person has applied to the Board for a certificate | ||||||
4 | of eligibility for expungement and the Board denies the | ||||||
5 | certificate, the person must wait at least 4 years before | ||||||
6 | filing again or filing for a pardon with authorization for | ||||||
7 | expungement from the Governor unless the Governor or | ||||||
8 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
9 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
10 | and in
coordination with the Department of Corrections and the | ||||||
11 | Department of Central
Management Services, shall implement a | ||||||
12 | pilot project in 3 correctional
institutions providing for the | ||||||
13 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
14 | (a) of this Section through interactive video conferences.
The
| ||||||
15 | project shall be implemented within 6 months after January 1, | ||||||
16 | 1997 ( the effective date of Public Act 89-490) this
amendatory | ||||||
17 | Act of 1996 . Within 6 months after the implementation of the | ||||||
18 | pilot
project, the Prisoner Review Board, with the cooperation | ||||||
19 | of and in coordination
with the Department of Corrections and | ||||||
20 | the Department of Central Management
Services, shall report to | ||||||
21 | the Governor and the General Assembly regarding the
use, | ||||||
22 | costs, effectiveness, and future viability of interactive | ||||||
23 | video
conferences for Prisoner Review Board hearings.
| ||||||
24 | (b) Upon recommendation of the Department the Board may | ||||||
25 | restore sentence credit previously revoked.
| ||||||
26 | (c) The Board shall cooperate with the Department in |
| |||||||
| |||||||
1 | promoting an
effective system of parole and mandatory | ||||||
2 | supervised release.
| ||||||
3 | (d) The Board shall promulgate rules for the conduct of | ||||||
4 | its work,
and the Chairman shall file a copy of such rules and | ||||||
5 | any amendments
thereto with the Director and with the | ||||||
6 | Secretary of State.
| ||||||
7 | (e) The Board shall keep records of all of its official | ||||||
8 | actions and
shall make them accessible in accordance with law | ||||||
9 | and the rules of the
Board.
| ||||||
10 | (f) The Board or one who has allegedly violated the | ||||||
11 | conditions of
his or her parole, aftercare release, or | ||||||
12 | mandatory supervised release may require by subpoena the
| ||||||
13 | attendance and testimony of witnesses and the production of | ||||||
14 | documentary
evidence relating to any matter under | ||||||
15 | investigation or hearing. The
Chairman of the Board may sign | ||||||
16 | subpoenas which shall be served by any
agent or public | ||||||
17 | official authorized by the Chairman of the Board, or by
any | ||||||
18 | person lawfully authorized to serve a subpoena under the laws | ||||||
19 | of the
State of Illinois. The attendance of witnesses, and the | ||||||
20 | production of
documentary evidence, may be required from any | ||||||
21 | place in the State to a
hearing location in the State before | ||||||
22 | the Chairman of the Board or his or her
designated agent or | ||||||
23 | agents or any duly constituted Committee or
Subcommittee of | ||||||
24 | the Board. Witnesses so summoned shall be paid the same
fees | ||||||
25 | and mileage that are paid witnesses in the circuit courts of | ||||||
26 | the
State, and witnesses whose depositions are taken and the |
| |||||||
| |||||||
1 | persons taking
those depositions are each entitled to the same | ||||||
2 | fees as are paid for
like services in actions in the circuit | ||||||
3 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
4 | payment when the witness is discharged
from further | ||||||
5 | attendance.
| ||||||
6 | In case of disobedience to a subpoena, the Board may | ||||||
7 | petition any
circuit court of the State for an order requiring | ||||||
8 | the attendance and
testimony of witnesses or the production of | ||||||
9 | documentary evidence or
both. A copy of such petition shall be | ||||||
10 | served by personal service or by
registered or certified mail | ||||||
11 | upon the person who has failed to obey the
subpoena, and such | ||||||
12 | person shall be advised in writing that a hearing
upon the | ||||||
13 | petition will be requested in a court room to be designated in
| ||||||
14 | such notice before the judge hearing motions or extraordinary | ||||||
15 | remedies
at a specified time, on a specified date, not less | ||||||
16 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
17 | the written notice and petition
in the U.S. mail mails | ||||||
18 | addressed to the person at his or her last known address or
| ||||||
19 | after the personal service of the copy of the notice and | ||||||
20 | petition upon
such person. The court upon the filing of such a | ||||||
21 | petition, may order the
person refusing to obey the subpoena | ||||||
22 | to appear at an investigation or
hearing, or to there produce | ||||||
23 | documentary evidence, if so ordered, or to
give evidence | ||||||
24 | relative to the subject matter of that investigation or
| ||||||
25 | hearing. Any failure to obey such order of the circuit court | ||||||
26 | may be
punished by that court as a contempt of court.
|
| |||||||
| |||||||
1 | Each member of the Board and any hearing officer | ||||||
2 | designated by the
Board shall have the power to administer | ||||||
3 | oaths and to take the testimony
of persons under oath.
| ||||||
4 | (g) Except under subsection (a) of this Section, a | ||||||
5 | majority of the
members then appointed to the Prisoner Review | ||||||
6 | Board shall constitute a
quorum for the transaction of all | ||||||
7 | business of the Board.
| ||||||
8 | (h) The Prisoner Review Board shall annually transmit to | ||||||
9 | the
Director a detailed report of its work for the preceding | ||||||
10 | calendar year.
The annual report shall also be transmitted to | ||||||
11 | the Governor for
submission to the Legislature.
| ||||||
12 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20; | ||||||
13 | revised 8-19-20.)
| ||||||
14 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
15 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
16 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
17 | and regulations for awarding and revoking sentence credit for | ||||||
18 | persons committed to the Department which shall
be subject to | ||||||
19 | review by the Prisoner Review Board.
| ||||||
20 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
21 | awarded for the following: | ||||||
22 | (A) successful completion of programming while in | ||||||
23 | custody of the Department or while in custody prior to | ||||||
24 | sentencing; | ||||||
25 | (B) compliance with the rules and regulations of the |
| |||||||
| |||||||
1 | Department; or | ||||||
2 | (C) service to the institution, service to a | ||||||
3 | community, or service to the State. | ||||||
4 | (2) Except as provided in paragraph (4.7) of this | ||||||
5 | subsection (a), the rules and regulations on sentence credit | ||||||
6 | shall provide, with
respect to offenses listed in clause (i), | ||||||
7 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
8 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
9 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
10 | effective date of Public Act 94-71) or with
respect to offense | ||||||
11 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
12 | effective date of Public Act 95-625)
or with respect to the | ||||||
13 | offense of being an armed habitual criminal committed on or | ||||||
14 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
15 | or with respect to the offenses listed in clause (v) of this | ||||||
16 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
17 | effective date of Public Act 95-134) or with respect to the | ||||||
18 | offense of aggravated domestic battery committed on or after | ||||||
19 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
20 | with respect to the offense of attempt to commit terrorism | ||||||
21 | committed on or after January 1, 2013 (the effective date of | ||||||
22 | Public Act 97-990), the following:
| ||||||
23 | (i) that a prisoner who is serving a term of | ||||||
24 | imprisonment for first
degree murder or for the offense of | ||||||
25 | terrorism shall receive no sentence
credit and shall serve | ||||||
26 | the entire
sentence imposed by the court;
|
| |||||||
| |||||||
1 | (ii) that a prisoner serving a sentence for attempt to | ||||||
2 | commit terrorism, attempt to commit first
degree murder, | ||||||
3 | solicitation of murder, solicitation of murder for hire,
| ||||||
4 | intentional homicide of an unborn child, predatory | ||||||
5 | criminal sexual assault of a
child, aggravated criminal | ||||||
6 | sexual assault, criminal sexual assault, aggravated
| ||||||
7 | kidnapping, aggravated battery with a firearm as described | ||||||
8 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
9 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
10 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
11 | 12-3.05, being an armed habitual criminal, aggravated
| ||||||
12 | battery of a senior citizen as described in Section 12-4.6 | ||||||
13 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
14 | battery of a child as described in Section 12-4.3 or | ||||||
15 | subdivision (b)(1) of Section 12-3.05 shall receive no
| ||||||
16 | more than 4.5 days of sentence credit for each month of his | ||||||
17 | or her sentence
of imprisonment;
| ||||||
18 | (iii) that a prisoner serving a sentence
for home | ||||||
19 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
20 | aggravated discharge of a firearm, or armed violence with | ||||||
21 | a category I weapon
or category II weapon, when the court
| ||||||
22 | has made and entered a finding, pursuant to subsection | ||||||
23 | (c-1) of Section 5-4-1
of this Code, that the conduct | ||||||
24 | leading to conviction for the enumerated offense
resulted | ||||||
25 | in great bodily harm to a victim, shall receive no more | ||||||
26 | than 4.5 days
of sentence credit for each month of his or |
| |||||||
| |||||||
1 | her sentence of imprisonment;
| ||||||
2 | (iv) that a prisoner serving a sentence for aggravated | ||||||
3 | discharge of a firearm, whether or not the conduct leading | ||||||
4 | to conviction for the offense resulted in great bodily | ||||||
5 | harm to the victim, shall receive no more than 4.5 days of | ||||||
6 | sentence credit for each month of his or her sentence of | ||||||
7 | imprisonment;
| ||||||
8 | (v) that a person serving a sentence for gunrunning, | ||||||
9 | narcotics racketeering, controlled substance trafficking, | ||||||
10 | methamphetamine trafficking, drug-induced homicide, | ||||||
11 | aggravated methamphetamine-related child endangerment, | ||||||
12 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
13 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, or a Class X felony conviction for delivery | ||||||
15 | of a controlled substance, possession of a controlled | ||||||
16 | substance with intent to manufacture or deliver, | ||||||
17 | calculated criminal drug conspiracy, criminal drug | ||||||
18 | conspiracy, street gang criminal drug conspiracy, | ||||||
19 | participation in methamphetamine manufacturing, | ||||||
20 | aggravated participation in methamphetamine | ||||||
21 | manufacturing, delivery of methamphetamine, possession | ||||||
22 | with intent to deliver methamphetamine, aggravated | ||||||
23 | delivery of methamphetamine, aggravated possession with | ||||||
24 | intent to deliver methamphetamine, methamphetamine | ||||||
25 | conspiracy when the substance containing the controlled | ||||||
26 | substance or methamphetamine is 100 grams or more shall |
| |||||||
| |||||||
1 | receive no more than 7.5 days sentence credit for each | ||||||
2 | month of his or her sentence of imprisonment;
| ||||||
3 | (vi)
that a prisoner serving a sentence for a second | ||||||
4 | or subsequent offense of luring a minor shall receive no | ||||||
5 | more than 4.5 days of sentence credit for each month of his | ||||||
6 | or her sentence of imprisonment; and
| ||||||
7 | (vii) that a prisoner serving a sentence for | ||||||
8 | aggravated domestic battery shall receive no more than 4.5 | ||||||
9 | days of sentence credit for each month of his or her | ||||||
10 | sentence of imprisonment. | ||||||
11 | (2.1) For all offenses, other than those enumerated in | ||||||
12 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
13 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
14 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
15 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
16 | (the effective date of Public Act 95-134)
or subdivision | ||||||
17 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
18 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
19 | committed on or after July 23, 2010 (the effective date of | ||||||
20 | Public Act 96-1224), and other than the offense of aggravated | ||||||
21 | driving under the influence of alcohol, other drug or drugs, | ||||||
22 | or
intoxicating compound or compounds, or any combination | ||||||
23 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
24 | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | ||||||
25 | and other than the offense of aggravated driving under the | ||||||
26 | influence of alcohol,
other drug or drugs, or intoxicating |
| |||||||
| |||||||
1 | compound or compounds, or any combination
thereof as defined | ||||||
2 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
3 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
4 | after January 1, 2011 (the effective date of Public Act | ||||||
5 | 96-1230),
the rules and regulations shall
provide that a | ||||||
6 | prisoner who is serving a term of
imprisonment shall receive | ||||||
7 | one day of sentence credit for each day of
his or her sentence | ||||||
8 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
9 | of sentence credit shall reduce by one day the prisoner's | ||||||
10 | period
of imprisonment or recommitment under Section 3-3-9.
| ||||||
11 | (2.2) A prisoner serving a term of natural life | ||||||
12 | imprisonment or a
prisoner who has been sentenced to death | ||||||
13 | shall receive no sentence
credit.
| ||||||
14 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
15 | subsection (a), the rules and regulations on sentence credit | ||||||
16 | shall provide that
a prisoner who is serving a sentence for | ||||||
17 | aggravated driving under the influence of alcohol,
other drug | ||||||
18 | or drugs, or intoxicating compound or compounds, or any | ||||||
19 | combination
thereof as defined in subparagraph (F) of | ||||||
20 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
21 | Illinois Vehicle Code, shall receive no more than 4.5
days of | ||||||
22 | sentence credit for each month of his or her sentence of
| ||||||
23 | imprisonment.
| ||||||
24 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
25 | subsection (a), the rules and regulations on sentence credit | ||||||
26 | shall provide with
respect to the offenses of aggravated |
| |||||||
| |||||||
1 | battery with a machine gun or a firearm
equipped with any | ||||||
2 | device or attachment designed or used for silencing the
report | ||||||
3 | of a firearm or aggravated discharge of a machine gun or a | ||||||
4 | firearm
equipped with any device or attachment designed or | ||||||
5 | used for silencing the
report of a firearm, committed on or | ||||||
6 | after
July 15, 1999 (the effective date of Public Act 91-121),
| ||||||
7 | that a prisoner serving a sentence for any of these offenses | ||||||
8 | shall receive no
more than 4.5 days of sentence credit for each | ||||||
9 | month of his or her sentence
of imprisonment.
| ||||||
10 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
11 | subsection (a), the rules and regulations on sentence credit | ||||||
12 | shall provide that a
prisoner who is serving a sentence for | ||||||
13 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
14 | effective date of Public Act 92-176) shall receive no more | ||||||
15 | than
4.5 days of sentence credit for each month of his or her | ||||||
16 | sentence of
imprisonment.
| ||||||
17 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
18 | subsection (a), the rules and regulations on sentence credit | ||||||
19 | shall provide that a
prisoner who is serving a sentence for | ||||||
20 | aggravated driving under the influence of alcohol,
other drug | ||||||
21 | or drugs, or intoxicating compound or compounds or any | ||||||
22 | combination
thereof as defined in subparagraph (C) of | ||||||
23 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
24 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
25 | (the effective date of Public Act 96-1230) shall receive no | ||||||
26 | more than 4.5
days of sentence credit for each month of his or |
| |||||||
| |||||||
1 | her sentence of
imprisonment. | ||||||
2 | (3) In addition to the sentence credits earned under | ||||||
3 | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection | ||||||
4 | (a), the rules and regulations shall also provide that
the | ||||||
5 | Director may award up to 180 days of earned sentence
credit for | ||||||
6 | good conduct in specific instances as the
Director deems | ||||||
7 | proper. The good conduct may include, but is not limited to, | ||||||
8 | compliance with the rules and regulations of the Department, | ||||||
9 | service to the Department, service to a community, or service | ||||||
10 | to the State.
| ||||||
11 | Eligible inmates for an award of earned sentence credit | ||||||
12 | under
this paragraph (3) may be selected to receive the credit | ||||||
13 | at
the Director's or his or her designee's sole discretion.
| ||||||
14 | Eligibility for the additional earned sentence credit under | ||||||
15 | this paragraph (3) shall be based on, but is not limited to, | ||||||
16 | the results of any available risk/needs assessment or other | ||||||
17 | relevant assessments or evaluations administered by the | ||||||
18 | Department using a validated instrument, the circumstances of | ||||||
19 | the crime, any history of conviction for a forcible felony | ||||||
20 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
21 | inmate's behavior and disciplinary history while incarcerated, | ||||||
22 | and the inmate's commitment to rehabilitation, including | ||||||
23 | participation in programming offered by the Department. | ||||||
24 | The Director shall not award sentence credit under this | ||||||
25 | paragraph (3) to an inmate unless the inmate has served a | ||||||
26 | minimum of 60 days of the sentence; except nothing in this |
| |||||||
| |||||||
1 | paragraph shall be construed to permit the Director to extend | ||||||
2 | an inmate's sentence beyond that which was imposed by the | ||||||
3 | court. Prior to awarding credit under this paragraph (3), the | ||||||
4 | Director shall make a written determination that the inmate: | ||||||
5 | (A) is eligible for the earned sentence credit; | ||||||
6 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
7 | days as the sentence will allow; | ||||||
8 | (B-1) has received a risk/needs assessment or other | ||||||
9 | relevant evaluation or assessment administered by the | ||||||
10 | Department using a validated instrument; and | ||||||
11 | (C) has met the eligibility criteria established by | ||||||
12 | rule for earned sentence credit. | ||||||
13 | The Director shall determine the form and content of the | ||||||
14 | written determination required in this subsection. | ||||||
15 | (3.5) The Department shall provide annual written reports | ||||||
16 | to the Governor and the General Assembly on the award of earned | ||||||
17 | sentence credit no later than February 1 of each year. The | ||||||
18 | Department must publish both reports on its website within 48 | ||||||
19 | hours of transmitting the reports to the Governor and the | ||||||
20 | General Assembly. The reports must include: | ||||||
21 | (A) the number of inmates awarded earned sentence | ||||||
22 | credit; | ||||||
23 | (B) the average amount of earned sentence credit | ||||||
24 | awarded; | ||||||
25 | (C) the holding offenses of inmates awarded earned | ||||||
26 | sentence credit; and |
| |||||||
| |||||||
1 | (D) the number of earned sentence credit revocations. | ||||||
2 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
3 | subsection (a), the rules and regulations shall also provide | ||||||
4 | that the sentence
credit accumulated and retained under | ||||||
5 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
6 | inmate during specific periods of time in which such
inmate is | ||||||
7 | engaged full-time in substance abuse programs, correctional
| ||||||
8 | industry assignments, educational programs, behavior | ||||||
9 | modification programs, life skills courses, or re-entry | ||||||
10 | planning provided by the Department
under this paragraph (4) | ||||||
11 | and satisfactorily completes the assigned program as
| ||||||
12 | determined by the standards of the Department, shall be | ||||||
13 | multiplied by a factor
of 1.25 for program participation | ||||||
14 | before August 11, 1993
and 1.50 for program participation on | ||||||
15 | or after that date.
The rules and regulations shall also | ||||||
16 | provide that sentence credit, subject to the same offense | ||||||
17 | limits and multiplier provided in this paragraph, may be | ||||||
18 | provided to an inmate who was held in pre-trial detention | ||||||
19 | prior to his or her current commitment to the Department of | ||||||
20 | Corrections and successfully completed a full-time, 60-day or | ||||||
21 | longer substance abuse program, educational program, behavior | ||||||
22 | modification program, life skills course, or re-entry planning | ||||||
23 | provided by the county department of corrections or county | ||||||
24 | jail. Calculation of this county program credit shall be done | ||||||
25 | at sentencing as provided in Section 5-4.5-100 of this Code | ||||||
26 | and shall be included in the sentencing order. However, no |
| |||||||
| |||||||
1 | inmate shall be eligible for the additional sentence credit
| ||||||
2 | under this paragraph (4) or (4.1) of this subsection (a) while | ||||||
3 | assigned to a boot camp
or electronic detention.
| ||||||
4 | (B) The Department shall award sentence credit under this | ||||||
5 | paragraph (4) accumulated prior to January 1, 2020 ( the | ||||||
6 | effective date of Public Act 101-440) this amendatory Act of | ||||||
7 | the 101st General Assembly in an amount specified in | ||||||
8 | subparagraph (C) of this paragraph (4) to an inmate serving a | ||||||
9 | sentence for an offense committed prior to June 19, 1998, if | ||||||
10 | the Department determines that the inmate is entitled to this | ||||||
11 | sentence credit, based upon: | ||||||
12 | (i) documentation provided by the Department that the | ||||||
13 | inmate engaged in any full-time substance abuse programs, | ||||||
14 | correctional industry assignments, educational programs, | ||||||
15 | behavior modification programs, life skills courses, or | ||||||
16 | re-entry planning provided by the Department under this | ||||||
17 | paragraph (4) and satisfactorily completed the assigned | ||||||
18 | program as determined by the standards of the Department | ||||||
19 | during the inmate's current term of incarceration; or | ||||||
20 | (ii) the inmate's own testimony in the form of an | ||||||
21 | affidavit or documentation, or a third party's | ||||||
22 | documentation or testimony in the form of an affidavit | ||||||
23 | that the inmate likely engaged in any full-time substance | ||||||
24 | abuse programs, correctional industry assignments, | ||||||
25 | educational programs, behavior modification programs, life | ||||||
26 | skills courses, or re-entry planning provided by the |
| |||||||
| |||||||
1 | Department under paragraph (4) and satisfactorily | ||||||
2 | completed the assigned program as determined by the | ||||||
3 | standards of the Department during the inmate's current | ||||||
4 | term of incarceration. | ||||||
5 | (C) If the inmate can provide documentation that he or she | ||||||
6 | is entitled to sentence credit under subparagraph (B) in | ||||||
7 | excess of 45 days of participation in those programs, the | ||||||
8 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
9 | cannot provide documentation of more than 45 days of | ||||||
10 | participation in those programs, the inmate shall receive 45 | ||||||
11 | days of sentence credit. In the event of a disagreement | ||||||
12 | between the Department and the inmate as to the amount of | ||||||
13 | credit accumulated under subparagraph (B), if the Department | ||||||
14 | provides documented proof of a lesser amount of days of | ||||||
15 | participation in those programs, that proof shall control. If | ||||||
16 | the Department provides no documentary proof, the inmate's | ||||||
17 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
18 | control as to the amount of sentence credit provided. | ||||||
19 | (D) If the inmate has been convicted of a sex offense as | ||||||
20 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
21 | sentencing credits under subparagraph (B) of this paragraph | ||||||
22 | (4) shall be awarded by the Department only if the conditions | ||||||
23 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
24 | No inmate serving a term of natural life imprisonment shall | ||||||
25 | receive sentence credit under subparagraph (B) of this | ||||||
26 | paragraph (4). |
| |||||||
| |||||||
1 | Educational, vocational, substance abuse, behavior | ||||||
2 | modification programs, life skills courses, re-entry planning, | ||||||
3 | and correctional
industry programs under which sentence credit | ||||||
4 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
5 | of this subsection (a) shall be evaluated by the Department on | ||||||
6 | the basis of
documented standards. The Department shall report | ||||||
7 | the results of these
evaluations to the Governor and the | ||||||
8 | General Assembly by September 30th of each
year. The reports | ||||||
9 | shall include data relating to the recidivism rate among
| ||||||
10 | program participants.
| ||||||
11 | Availability of these programs shall be subject to the
| ||||||
12 | limits of fiscal resources appropriated by the General | ||||||
13 | Assembly for these
purposes. Eligible inmates who are denied | ||||||
14 | immediate admission shall be
placed on a waiting list under | ||||||
15 | criteria established by the Department.
The inability of any | ||||||
16 | inmate to become engaged in any such programs
by reason of | ||||||
17 | insufficient program resources or for any other reason
| ||||||
18 | established under the rules and regulations of the Department | ||||||
19 | shall not be
deemed a cause of action under which the | ||||||
20 | Department or any employee or
agent of the Department shall be | ||||||
21 | liable for damages to the inmate.
| ||||||
22 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
23 | subsection (a), the rules and regulations shall also provide | ||||||
24 | that an additional 90 days of sentence credit shall be awarded | ||||||
25 | to any prisoner who passes high school equivalency testing | ||||||
26 | while the prisoner is committed to the Department of |
| |||||||
| |||||||
1 | Corrections. The sentence credit awarded under this paragraph | ||||||
2 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
3 | of sentence credit under any other paragraph of this Section, | ||||||
4 | but shall also be pursuant to the guidelines and restrictions | ||||||
5 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
6 | The sentence credit provided for in this paragraph shall be | ||||||
7 | available only to those prisoners who have not previously | ||||||
8 | earned a high school diploma or a high school equivalency | ||||||
9 | certificate. If, after an award of the high school equivalency | ||||||
10 | testing sentence credit has been made, the Department | ||||||
11 | determines that the prisoner was not eligible, then the award | ||||||
12 | shall be revoked.
The Department may also award 90 days of | ||||||
13 | sentence credit to any committed person who passed high school | ||||||
14 | equivalency testing while he or she was held in pre-trial | ||||||
15 | detention prior to the current commitment to the Department of | ||||||
16 | Corrections. | ||||||
17 | Except as provided in paragraph (4.7) of this subsection | ||||||
18 | (a), the rules and regulations shall provide that an | ||||||
19 | additional 180 days of sentence credit shall be awarded to any | ||||||
20 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
21 | committed to the Department of Corrections. The sentence | ||||||
22 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
23 | to, and shall not affect, the award of sentence credit under | ||||||
24 | any other paragraph of this Section, but shall also be under | ||||||
25 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
26 | this subsection (a). The sentence credit provided for in this |
| |||||||
| |||||||
1 | paragraph shall be available only to those prisoners who have | ||||||
2 | not earned a bachelor's degree prior to the current commitment | ||||||
3 | to the Department of Corrections. If, after an award of the | ||||||
4 | bachelor's degree sentence credit has been made, the | ||||||
5 | Department determines that the prisoner was not eligible, then | ||||||
6 | the award shall be revoked. The Department may also award 180 | ||||||
7 | days of sentence credit to any committed person who earned a | ||||||
8 | bachelor's degree while he or she was held in pre-trial | ||||||
9 | detention prior to the current commitment to the Department of | ||||||
10 | Corrections. | ||||||
11 | Except as provided in paragraph (4.7) of this subsection | ||||||
12 | (a), the rules and regulations shall provide that an | ||||||
13 | additional 180 days of sentence credit shall be awarded to any | ||||||
14 | prisoner who obtains a master's or professional degree while | ||||||
15 | the prisoner is committed to the Department of Corrections. | ||||||
16 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
17 | be in addition to, and shall not affect, the award of sentence | ||||||
18 | credit under any other paragraph of this Section, but shall | ||||||
19 | also be under the guidelines and restrictions set forth in | ||||||
20 | paragraph (4) of this subsection (a). The sentence credit | ||||||
21 | provided for in this paragraph shall be available only to | ||||||
22 | those prisoners who have not previously earned a master's or | ||||||
23 | professional degree prior to the current commitment to the | ||||||
24 | Department of Corrections. If, after an award of the master's | ||||||
25 | or professional degree sentence credit has been made, the | ||||||
26 | Department determines that the prisoner was not eligible, then |
| |||||||
| |||||||
1 | the award shall be revoked. The Department may also award 180 | ||||||
2 | days of sentence credit to any committed person who earned a | ||||||
3 | master's or professional degree while he or she was held in | ||||||
4 | pre-trial detention prior to the current commitment to the | ||||||
5 | Department of Corrections. | ||||||
6 | (4.5) The rules and regulations on sentence credit shall | ||||||
7 | also provide that
when the court's sentencing order recommends | ||||||
8 | a prisoner for substance abuse treatment and the
crime was | ||||||
9 | committed on or after September 1, 2003 (the effective date of
| ||||||
10 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
11 | credit awarded under clause (3) of this subsection (a) unless | ||||||
12 | he or she participates in and
completes a substance abuse | ||||||
13 | treatment program. The Director may waive the requirement to | ||||||
14 | participate in or complete a substance abuse treatment program | ||||||
15 | in specific instances if the prisoner is not a good candidate | ||||||
16 | for a substance abuse treatment program for medical, | ||||||
17 | programming, or operational reasons. Availability of
substance | ||||||
18 | abuse treatment shall be subject to the limits of fiscal | ||||||
19 | resources
appropriated by the General Assembly for these | ||||||
20 | purposes. If treatment is not
available and the requirement to | ||||||
21 | participate and complete the treatment has not been waived by | ||||||
22 | the Director, the prisoner shall be placed on a waiting list | ||||||
23 | under criteria
established by the Department. The Director may | ||||||
24 | allow a prisoner placed on
a waiting list to participate in and | ||||||
25 | complete a substance abuse education class or attend substance
| ||||||
26 | abuse self-help meetings in lieu of a substance abuse |
| |||||||
| |||||||
1 | treatment program. A prisoner on a waiting list who is not | ||||||
2 | placed in a substance abuse program prior to release may be | ||||||
3 | eligible for a waiver and receive sentence credit under clause | ||||||
4 | (3) of this subsection (a) at the discretion of the Director.
| ||||||
5 | (4.6) The rules and regulations on sentence credit shall | ||||||
6 | also provide that a prisoner who has been convicted of a sex | ||||||
7 | offense as defined in Section 2 of the Sex Offender | ||||||
8 | Registration Act shall receive no sentence credit unless he or | ||||||
9 | she either has successfully completed or is participating in | ||||||
10 | sex offender treatment as defined by the Sex Offender | ||||||
11 | Management Board. However, prisoners who are waiting to | ||||||
12 | receive treatment, but who are unable to do so due solely to | ||||||
13 | the lack of resources on the part of the Department, may, at | ||||||
14 | the Director's sole discretion, be awarded sentence credit at | ||||||
15 | a rate as the Director shall determine. | ||||||
16 | (4.7) On or after January 1, 2018 ( the effective date of | ||||||
17 | Public Act 100-3) this amendatory Act of the 100th General | ||||||
18 | Assembly , sentence credit under paragraph (3), (4), or (4.1) | ||||||
19 | of this subsection (a) may be awarded to a prisoner who is | ||||||
20 | serving a sentence for an offense described in paragraph (2), | ||||||
21 | (2.3), (2.4), (2.5), or (2.6) for credit earned on or after | ||||||
22 | January 1, 2018 ( the effective date of Public Act 100-3) this | ||||||
23 | amendatory Act of the 100th General Assembly ; provided, the | ||||||
24 | award of the credits under this paragraph (4.7) shall not | ||||||
25 | reduce the sentence of the prisoner to less than the following | ||||||
26 | amounts: |
| |||||||
| |||||||
1 | (i) 85% of his or her sentence if the prisoner is | ||||||
2 | required to serve 85% of his or her sentence; or | ||||||
3 | (ii) 60% of his or her sentence if the prisoner is | ||||||
4 | required to serve 75% of his or her sentence, except if the | ||||||
5 | prisoner is serving a sentence for gunrunning his or her | ||||||
6 | sentence shall not be reduced to less than 75%. | ||||||
7 | (iii) 100% of his or her sentence if the prisoner is | ||||||
8 | required to serve 100% of his or her sentence. | ||||||
9 | (5) Whenever the Department is to release any inmate | ||||||
10 | earlier than it
otherwise would because of a grant of earned | ||||||
11 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
12 | Section given at any time during the term, the Department | ||||||
13 | shall give
reasonable notice of the impending release not less | ||||||
14 | than 14 days prior to the date of the release to the State's
| ||||||
15 | Attorney of the county where the prosecution of the inmate | ||||||
16 | took place, and if applicable, the State's Attorney of the | ||||||
17 | county into which the inmate will be released. The Department | ||||||
18 | must also make identification information and a recent photo | ||||||
19 | of the inmate being released accessible on the Internet by | ||||||
20 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
21 | Early Release" on the Department's World Wide Web homepage.
| ||||||
22 | The identification information shall include the inmate's: | ||||||
23 | name, any known alias, date of birth, physical | ||||||
24 | characteristics, commitment offense , and county where | ||||||
25 | conviction was imposed. The identification information shall | ||||||
26 | be placed on the website within 3 days of the inmate's release |
| |||||||
| |||||||
1 | and the information may not be removed until either: | ||||||
2 | completion of the first year of mandatory supervised release | ||||||
3 | or return of the inmate to custody of the Department.
| ||||||
4 | (b) Whenever a person is or has been committed under
| ||||||
5 | several convictions, with separate sentences, the sentences
| ||||||
6 | shall be construed under Section 5-8-4 in granting and
| ||||||
7 | forfeiting of sentence credit.
| ||||||
8 | (c) The Department shall prescribe rules and regulations
| ||||||
9 | for revoking sentence credit, including revoking sentence | ||||||
10 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
11 | Section. The Department shall prescribe rules and regulations | ||||||
12 | for suspending or reducing
the rate of accumulation of | ||||||
13 | sentence credit for specific
rule violations, during | ||||||
14 | imprisonment. These rules and regulations
shall provide that | ||||||
15 | no inmate may be penalized more than one
year of sentence | ||||||
16 | credit for any one infraction.
| ||||||
17 | When the Department seeks to revoke, suspend , or reduce
| ||||||
18 | the rate of accumulation of any sentence credits for
an | ||||||
19 | alleged infraction of its rules, it shall bring charges
| ||||||
20 | therefor against the prisoner sought to be so deprived of
| ||||||
21 | sentence credits before the Prisoner Review Board as
provided | ||||||
22 | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
23 | amount of credit at issue exceeds 30 days or
when , during any | ||||||
24 | 12-month 12 month period, the cumulative amount of
credit | ||||||
25 | revoked exceeds 30 days except where the infraction is | ||||||
26 | committed
or discovered within 60 days of scheduled release. |
| |||||||
| |||||||
1 | In those cases,
the Department of Corrections may revoke up to | ||||||
2 | 30 days of sentence credit.
The Board may subsequently approve | ||||||
3 | the revocation of additional sentence credit, if the | ||||||
4 | Department seeks to revoke sentence credit in
excess of 30 | ||||||
5 | days. However, the Board shall not be empowered to review the
| ||||||
6 | Department's decision with respect to the loss of 30 days of | ||||||
7 | sentence
credit within any calendar year for any prisoner or | ||||||
8 | to increase any penalty
beyond the length requested by the | ||||||
9 | Department.
| ||||||
10 | The Director of the Department of Corrections, in | ||||||
11 | appropriate cases, may
restore up to 30 days of sentence | ||||||
12 | credits which have been revoked, suspended ,
or reduced. Any | ||||||
13 | restoration of sentence credits in excess of 30 days shall
be | ||||||
14 | subject to review by the Prisoner Review Board. However, the | ||||||
15 | Board may not
restore sentence credit in excess of the amount | ||||||
16 | requested by the Director.
| ||||||
17 | Nothing contained in this Section shall prohibit the | ||||||
18 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
19 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
20 | sentence imposed by the court that was not served due to the
| ||||||
21 | accumulation of sentence credit.
| ||||||
22 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
23 | federal court
against the State, the Department of | ||||||
24 | Corrections, or the Prisoner Review Board,
or against any of
| ||||||
25 | their officers or employees, and the court makes a specific | ||||||
26 | finding that a
pleading, motion, or other paper filed by the |
| |||||||
| |||||||
1 | prisoner is frivolous, the
Department of Corrections shall | ||||||
2 | conduct a hearing to revoke up to
180 days of sentence credit | ||||||
3 | by bringing charges against the prisoner
sought to be deprived | ||||||
4 | of the sentence credits before the Prisoner Review
Board as | ||||||
5 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
6 | If the prisoner has not accumulated 180 days of sentence | ||||||
7 | credit at the
time of the finding, then the Prisoner Review | ||||||
8 | Board may revoke all
sentence credit accumulated by the | ||||||
9 | prisoner.
| ||||||
10 | For purposes of this subsection (d):
| ||||||
11 | (1) "Frivolous" means that a pleading, motion, or | ||||||
12 | other filing which
purports to be a legal document filed | ||||||
13 | by a prisoner in his or her lawsuit meets
any or all of the | ||||||
14 | following criteria:
| ||||||
15 | (A) it lacks an arguable basis either in law or in | ||||||
16 | fact;
| ||||||
17 | (B) it is being presented for any improper | ||||||
18 | purpose, such as to harass or
to cause unnecessary | ||||||
19 | delay or needless increase in the cost of litigation;
| ||||||
20 | (C) the claims, defenses, and other legal | ||||||
21 | contentions therein are not
warranted by existing law | ||||||
22 | or by a nonfrivolous argument for the extension,
| ||||||
23 | modification, or reversal of existing law or the | ||||||
24 | establishment of new law;
| ||||||
25 | (D) the allegations and other factual contentions | ||||||
26 | do not have
evidentiary
support or, if specifically so |
| |||||||
| |||||||
1 | identified, are not likely to have evidentiary
support | ||||||
2 | after a reasonable opportunity for further | ||||||
3 | investigation or discovery;
or
| ||||||
4 | (E) the denials of factual contentions are not | ||||||
5 | warranted on the
evidence, or if specifically so | ||||||
6 | identified, are not reasonably based on a lack
of | ||||||
7 | information or belief.
| ||||||
8 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
9 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
10 | action under
Article X of the Code of Civil Procedure or | ||||||
11 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
12 | under the Court of Claims Act, an action under the
federal | ||||||
13 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
14 | subsequent petition for post-conviction relief under | ||||||
15 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
16 | whether filed with or without leave of court or a second or | ||||||
17 | subsequent petition for relief from judgment under Section | ||||||
18 | 2-1401 of the Code of Civil Procedure.
| ||||||
19 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
20 | validity of Public Act 89-404.
| ||||||
21 | (f) Whenever the Department is to release any inmate who | ||||||
22 | has been convicted of a violation of an order of protection | ||||||
23 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
25 | because of a grant of sentence credit, the Department, as a | ||||||
26 | condition of release, shall require that the person, upon |
| |||||||
| |||||||
1 | release, be placed under electronic surveillance as provided | ||||||
2 | in Section 5-8A-7 of this Code. | ||||||
3 | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
4 | 101-440, eff. 1-1-20; revised 8-19-20.)
| ||||||
5 | (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
| ||||||
6 | Sec. 3-8-5. Transfer to Department of Human Services.
| ||||||
7 | (a) The Department shall cause inquiry and examination at
| ||||||
8 | periodic intervals to ascertain whether any person committed | ||||||
9 | to it may be
subject to involuntary admission, as defined in | ||||||
10 | Section 1-119 of the Mental
Health and Developmental | ||||||
11 | Disabilities Code, or meets the standard for judicial
| ||||||
12 | admission as defined in Section 4-500 of the Mental Health and | ||||||
13 | Developmental
Disabilities Code, or is an intoxicated person | ||||||
14 | or a person with a substance use disorder as defined in the | ||||||
15 | Substance Use Disorder Act. The Department may provide special | ||||||
16 | psychiatric or psychological
or other counseling or treatment | ||||||
17 | to such persons in a separate institution
within the | ||||||
18 | Department, or the Director of the Department of Corrections
| ||||||
19 | may transfer such persons other than intoxicated
persons or | ||||||
20 | persons with substance use disorders to the Department of | ||||||
21 | Human Services for observation, diagnosis and treatment, | ||||||
22 | subject
to the approval
of the Secretary Director of the | ||||||
23 | Department of Human Services, for a period of not more than 6 | ||||||
24 | months, if the person
consents in writing to the transfer. The | ||||||
25 | person shall be advised of his
right not to consent, and if he |
| |||||||
| |||||||
1 | does not consent, such transfer may be
effected only by | ||||||
2 | commitment under paragraphs (c) and (d) of this Section.
| ||||||
3 | (b) The person's spouse, guardian , or nearest relative and | ||||||
4 | his attorney
of record shall be advised of their right to | ||||||
5 | object, and if objection is
made, such transfer may be | ||||||
6 | effected only by commitment under paragraph (c)
of this | ||||||
7 | Section. Notices of such transfer shall be mailed to such | ||||||
8 | person's
spouse, guardian , or nearest relative and to the | ||||||
9 | attorney of record marked
for delivery to addressee only at | ||||||
10 | his last known address by certified mail
with return receipt | ||||||
11 | requested together with written notification of the
manner and | ||||||
12 | time within which he may object thereto.
| ||||||
13 | (c) If a committed person does not consent to his transfer | ||||||
14 | to the Department
of Human Services or if a
person objects | ||||||
15 | under
paragraph (b) of this Section, or if the Department of | ||||||
16 | Human Services determines that a transferred
person requires
| ||||||
17 | commitment to the Department of Human Services
for more than 6 | ||||||
18 | months, or if the person's sentence will expire within 6
| ||||||
19 | months, the Director of the Department of Corrections shall | ||||||
20 | file a petition
in the circuit court of the county in which the | ||||||
21 | correctional institution
or facility is located requesting the | ||||||
22 | transfer of such person to the
Department of Human Services. A | ||||||
23 | certificate
of a psychiatrist, a clinical psychologist , or, if
| ||||||
24 | admission to a developmental disability facility is sought, of | ||||||
25 | a
physician that the person is in need of commitment to the
| ||||||
26 | Department of Human Services for treatment
or habilitation |
| |||||||
| |||||||
1 | shall be attached to the petition. Copies of the
petition | ||||||
2 | shall be furnished to the named person and to the state's
| ||||||
3 | attorneys of the county in which the correctional institution | ||||||
4 | or facility
is located and the county in which the named person | ||||||
5 | was committed to the
Department of Corrections.
| ||||||
6 | (d) The court shall set a date for a hearing on the | ||||||
7 | petition within the
time limit set forth in the Mental Health | ||||||
8 | and Developmental Disabilities
Code. The hearing shall be | ||||||
9 | conducted in the manner prescribed by the Mental
Health and | ||||||
10 | Developmental Disabilities Code. If the person is found to be
| ||||||
11 | in need of commitment to the Department of Human Services for | ||||||
12 | treatment or habilitation, the
court may commit him to
that | ||||||
13 | Department.
| ||||||
14 | (e) Nothing in this Section shall limit the right of the | ||||||
15 | Director or the
chief administrative officer of any | ||||||
16 | institution or facility to utilize the
emergency admission | ||||||
17 | provisions of the Mental Health and Developmental
Disabilities | ||||||
18 | Code with respect to any person in his custody or care. The
| ||||||
19 | transfer of a person to an institution or facility of the | ||||||
20 | Department of Human
Services under paragraph (a)
of this | ||||||
21 | Section does not discharge the person from the control of the
| ||||||
22 | Department.
| ||||||
23 | (Source: P.A. 100-759, eff. 1-1-19; revised 7-12-19.)
| ||||||
24 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
25 | Sec. 3-14-1. Release from the institution.
|
| |||||||
| |||||||
1 | (a) Upon release of a person on parole, mandatory release, | ||||||
2 | final
discharge or pardon the Department shall return all | ||||||
3 | property held for
him, provide him with suitable clothing and | ||||||
4 | procure necessary
transportation for him to his designated | ||||||
5 | place of residence and
employment. It may provide such person | ||||||
6 | with a grant of money for travel and
expenses which may be paid | ||||||
7 | in installments. The amount of the money grant
shall be | ||||||
8 | determined by the Department.
| ||||||
9 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
10 | person, as defined in Section 3-1-2 of this Code, is | ||||||
11 | discharged from the Department, provide him or her with any | ||||||
12 | documents necessary after discharge. | ||||||
13 | (a-2) The Department of Corrections may establish and | ||||||
14 | maintain, in any institution
it administers, revolving funds | ||||||
15 | to be known as "Travel and Allowances Revolving
Funds". These | ||||||
16 | revolving funds shall be used for advancing travel and expense
| ||||||
17 | allowances to committed, paroled, and discharged prisoners. | ||||||
18 | The moneys
paid into such revolving funds shall be from | ||||||
19 | appropriations to the Department
for Committed, Paroled, and | ||||||
20 | Discharged Prisoners.
| ||||||
21 | (a-3) Upon release of a person who is eligible to vote on | ||||||
22 | parole, mandatory release, final discharge, or pardon, the | ||||||
23 | Department shall provide the person with a form that informs | ||||||
24 | him or her that his or her voting rights have been restored and | ||||||
25 | a voter registration application. The Department shall have | ||||||
26 | available voter registration applications in the languages |
| |||||||
| |||||||
1 | provided by the Illinois State Board of Elections. The form | ||||||
2 | that informs the person that his or her rights have been | ||||||
3 | restored shall include the following information: | ||||||
4 | (1) All voting rights are restored upon release from | ||||||
5 | the Department's custody. | ||||||
6 | (2) A person who is eligible to vote must register in | ||||||
7 | order to be able to vote. | ||||||
8 | The Department of Corrections shall confirm that the | ||||||
9 | person received the voter registration application and has | ||||||
10 | been informed that his or her voting rights have been | ||||||
11 | restored. | ||||||
12 | (a-4) (a-3) Prior to release of a person on parole, | ||||||
13 | mandatory supervised release, final discharge, or pardon, the | ||||||
14 | Department shall screen every person for Medicaid eligibility. | ||||||
15 | Officials of the correctional institution or facility where | ||||||
16 | the committed person is assigned shall assist an eligible | ||||||
17 | person to complete a Medicaid application to ensure that the | ||||||
18 | person begins receiving benefits as soon as possible after his | ||||||
19 | or her release. The application must include the eligible | ||||||
20 | person's address associated with his or her residence upon | ||||||
21 | release from the facility. If the residence is temporary, the | ||||||
22 | eligible person must notify the Department of Human Services | ||||||
23 | of his or her change in address upon transition to permanent | ||||||
24 | housing. | ||||||
25 | (b) (Blank).
| ||||||
26 | (c) Except as otherwise provided in this Code, the |
| |||||||
| |||||||
1 | Department shall
establish procedures to provide written | ||||||
2 | notification of any release of any
person who has been | ||||||
3 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
4 | the county from which the offender was committed, and the
| ||||||
5 | State's Attorney and sheriff of the county into which the | ||||||
6 | offender is to be
paroled or released. Except as otherwise | ||||||
7 | provided in this Code, the
Department shall establish | ||||||
8 | procedures to provide written notification to
the proper law | ||||||
9 | enforcement agency for any municipality of any release of any
| ||||||
10 | person who has been convicted of a felony if the arrest of the | ||||||
11 | offender or the
commission of the offense took place in the | ||||||
12 | municipality, if the offender is to
be paroled or released | ||||||
13 | into the municipality, or if the offender resided in the
| ||||||
14 | municipality at the time of the commission of the offense. If a | ||||||
15 | person
convicted of a felony who is in the custody of the | ||||||
16 | Department of Corrections or
on parole or mandatory supervised | ||||||
17 | release informs the Department that he or she
has resided, | ||||||
18 | resides, or will
reside at an address that is a housing | ||||||
19 | facility owned, managed,
operated, or leased by a public | ||||||
20 | housing agency, the Department must send
written notification | ||||||
21 | of that information to the public housing agency that
owns, | ||||||
22 | manages, operates, or leases the housing facility. The written
| ||||||
23 | notification shall, when possible, be given at least 14 days | ||||||
24 | before release of
the person from custody, or as soon | ||||||
25 | thereafter as possible. The written notification shall be | ||||||
26 | provided electronically if the State's Attorney, sheriff, |
| |||||||
| |||||||
1 | proper law enforcement agency, or public housing agency has | ||||||
2 | provided the Department with an accurate and up to date email | ||||||
3 | address.
| ||||||
4 | (c-1) (Blank). | ||||||
5 | (c-2) The Department shall establish procedures to provide | ||||||
6 | notice to the Department of State Police of the release or | ||||||
7 | discharge of persons convicted of violations of the | ||||||
8 | Methamphetamine Control and Community
Protection Act or a | ||||||
9 | violation of the Methamphetamine Precursor Control Act. The | ||||||
10 | Department of State Police shall make this information | ||||||
11 | available to local, State, or federal law enforcement agencies | ||||||
12 | upon request. | ||||||
13 | (c-5) If a person on parole or mandatory supervised | ||||||
14 | release becomes a resident of a facility licensed or regulated | ||||||
15 | by the Department of Public Health, the Illinois Department of | ||||||
16 | Public Aid, or the Illinois Department of Human Services, the | ||||||
17 | Department of Corrections shall provide copies of the | ||||||
18 | following information to the appropriate licensing or | ||||||
19 | regulating Department and the licensed or regulated facility | ||||||
20 | where the person becomes a resident: | ||||||
21 | (1) The mittimus and any pre-sentence investigation | ||||||
22 | reports. | ||||||
23 | (2) The social evaluation prepared pursuant to Section | ||||||
24 | 3-8-2. | ||||||
25 | (3) Any pre-release evaluation conducted pursuant to | ||||||
26 | subsection (j) of Section 3-6-2. |
| |||||||
| |||||||
1 | (4) Reports of disciplinary infractions and | ||||||
2 | dispositions. | ||||||
3 | (5) Any parole plan, including orders issued by the | ||||||
4 | Prisoner Review Board, and any violation reports and | ||||||
5 | dispositions. | ||||||
6 | (6) The name and contact information for the assigned | ||||||
7 | parole agent and parole supervisor.
| ||||||
8 | This information shall be provided within 3 days of the | ||||||
9 | person becoming a resident of the facility.
| ||||||
10 | (c-10) If a person on parole or mandatory supervised | ||||||
11 | release becomes a resident of a facility licensed or regulated | ||||||
12 | by the Department of Public Health, the Illinois Department of | ||||||
13 | Public Aid, or the Illinois Department of Human Services, the | ||||||
14 | Department of Corrections shall provide written notification | ||||||
15 | of such residence to the following: | ||||||
16 | (1) The Prisoner Review Board. | ||||||
17 | (2) The
chief of police and sheriff in the | ||||||
18 | municipality and county in which the licensed facility is | ||||||
19 | located. | ||||||
20 | The notification shall be provided within 3 days of the | ||||||
21 | person becoming a resident of the facility.
| ||||||
22 | (d) Upon the release of a committed person on parole, | ||||||
23 | mandatory
supervised release, final discharge or pardon, the | ||||||
24 | Department shall provide
such person with information | ||||||
25 | concerning programs and services of the
Illinois Department of | ||||||
26 | Public Health to ascertain whether such person has
been |
| |||||||
| |||||||
1 | exposed to the human immunodeficiency virus (HIV) or any | ||||||
2 | identified
causative agent of Acquired Immunodeficiency | ||||||
3 | Syndrome (AIDS).
| ||||||
4 | (e) Upon the release of a committed person on parole, | ||||||
5 | mandatory supervised
release, final discharge, pardon, or who | ||||||
6 | has been wrongfully imprisoned, the Department shall verify | ||||||
7 | the released person's full name, date of birth, and social | ||||||
8 | security number. If verification is made by the Department by | ||||||
9 | obtaining a certified copy of the released person's birth | ||||||
10 | certificate and the released person's social security card or | ||||||
11 | other documents authorized by the Secretary, the Department | ||||||
12 | shall provide the birth certificate and social security card | ||||||
13 | or other documents authorized by the Secretary to the released | ||||||
14 | person. If verification by the Department is done by means | ||||||
15 | other than obtaining a certified copy of the released person's | ||||||
16 | birth certificate and the released person's social security | ||||||
17 | card or other documents authorized by the Secretary, the | ||||||
18 | Department shall complete a verification form, prescribed by | ||||||
19 | the Secretary of State, and shall provide that verification | ||||||
20 | form to the released person.
| ||||||
21 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
22 | person committed to the custody of the Department of | ||||||
23 | Corrections, the Department shall give the person who is | ||||||
24 | otherwise uninsured an opportunity to apply for health care | ||||||
25 | coverage including medical assistance under Article V of the | ||||||
26 | Illinois Public Aid Code in accordance with subsection (b) of |
| |||||||
| |||||||
1 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
2 | Department of Corrections shall provide assistance with | ||||||
3 | completion of the application for health care coverage | ||||||
4 | including medical assistance. The Department may adopt rules | ||||||
5 | to implement this Section. | ||||||
6 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
7 | revised 9-9-19.)
| ||||||
8 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
9 | Sec. 5-2-4. Proceedings after acquittal by reason of | ||||||
10 | insanity.
| ||||||
11 | (a) After a finding or verdict of not guilty by reason of | ||||||
12 | insanity
under Sections 104-25, 115-3, or 115-4 of the Code of | ||||||
13 | Criminal Procedure
of 1963, the defendant shall be ordered to | ||||||
14 | the Department of Human Services for
an evaluation as to
| ||||||
15 | whether he is in need of mental health
services. The order
| ||||||
16 | shall specify whether the evaluation shall be conducted on an | ||||||
17 | inpatient or
outpatient basis. If the evaluation is to be | ||||||
18 | conducted on an inpatient
basis, the defendant shall be placed | ||||||
19 | in a secure setting. With the court order for evaluation shall | ||||||
20 | be sent a copy of the arrest report, criminal charges, arrest | ||||||
21 | record, jail record, any report prepared under Section 115-6 | ||||||
22 | of the Code of Criminal Procedure of 1963, and any statement | ||||||
23 | prepared under Section 6 of the Rights of Crime Victims and | ||||||
24 | Witnesses Act. The clerk of the circuit court shall transmit | ||||||
25 | this information to the Department within 5 days. If the court |
| |||||||
| |||||||
1 | orders that the evaluation be done on an inpatient basis, the | ||||||
2 | Department shall evaluate the defendant to determine to which | ||||||
3 | secure facility the defendant shall be transported and, within | ||||||
4 | 20 days of the transmittal by the clerk of the circuit court of | ||||||
5 | the placement court order, notify the sheriff of the | ||||||
6 | designated facility. Upon receipt of that notice, the sheriff | ||||||
7 | shall promptly transport the defendant to the designated | ||||||
8 | facility. During
the period of time required to
determine the | ||||||
9 | appropriate placement, the defendant shall
remain in jail. If, | ||||||
10 | within 20 days of the transmittal by the clerk of the circuit | ||||||
11 | court of the placement court order, the Department fails to | ||||||
12 | notify the sheriff of the identity of the facility to which the | ||||||
13 | defendant shall be transported, the sheriff shall contact a | ||||||
14 | designated person within the Department to inquire about when | ||||||
15 | a placement will become available at the designated facility | ||||||
16 | and bed availability at other facilities. If, within
20 days | ||||||
17 | of the transmittal by the clerk of the circuit court of the | ||||||
18 | placement court order, the Department
fails to notify the | ||||||
19 | sheriff of the identity of the facility to
which the defendant | ||||||
20 | shall be transported, the sheriff shall
notify the Department | ||||||
21 | of its intent to transfer the defendant to the nearest secure | ||||||
22 | mental health facility operated by the Department and inquire | ||||||
23 | as to the status of the placement evaluation and availability | ||||||
24 | for admission to the facility operated by the Department by | ||||||
25 | contacting a designated person within the Department. The | ||||||
26 | Department shall respond to the sheriff within 2 business days |
| |||||||
| |||||||
1 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
2 | and the Department shall provide the sheriff with the status | ||||||
3 | of the placement evaluation, information on bed and placement | ||||||
4 | availability, and an estimated date of admission for the | ||||||
5 | defendant and any changes to that estimated date of admission. | ||||||
6 | If the Department notifies the sheriff during the 2 business | ||||||
7 | day period of a facility operated by the Department with | ||||||
8 | placement availability, the sheriff shall promptly transport | ||||||
9 | the defendant to that facility.
Individualized placement | ||||||
10 | evaluations by the Department of Human Services determine the | ||||||
11 | most appropriate setting for forensic treatment based upon a | ||||||
12 | number of factors including mental health diagnosis, proximity | ||||||
13 | to surviving victims, security need, age, gender, and | ||||||
14 | proximity to family.
| ||||||
15 | The Department shall provide the Court with a report of | ||||||
16 | its evaluation
within 30 days of the date of this order. The | ||||||
17 | Court shall hold a hearing
as provided under the Mental Health | ||||||
18 | and Developmental Disabilities Code to
determine if the | ||||||
19 | individual is:
(a)
in need of mental health services on an | ||||||
20 | inpatient basis; (b) in
need of
mental health services on an | ||||||
21 | outpatient basis; (c) a person not in
need of
mental health | ||||||
22 | services. The court shall afford the victim the opportunity to | ||||||
23 | make a written or oral statement as guaranteed by Article I, | ||||||
24 | Section 8.1 of the Illinois Constitution and Section 6 of the | ||||||
25 | Rights of Crime Victims and Witnesses Act. The court shall | ||||||
26 | allow a victim to make an oral statement if the victim is |
| |||||||
| |||||||
1 | present in the courtroom and requests to make an oral | ||||||
2 | statement. An oral statement includes the victim or a | ||||||
3 | representative of the victim reading the written statement. | ||||||
4 | The court may allow persons impacted by the crime who are not | ||||||
5 | victims under subsection (a) of Section 3 of the Rights of | ||||||
6 | Crime Victims and Witnesses Act to present an oral or written | ||||||
7 | statement. A victim and any person making an oral statement | ||||||
8 | shall not be put under oath or subject to cross-examination. | ||||||
9 | The court shall consider any statement presented along with | ||||||
10 | all other appropriate factors in determining the sentence of | ||||||
11 | the defendant or disposition of the juvenile. All statements | ||||||
12 | shall become part of the record of the court.
| ||||||
13 | If the defendant is found to be in
need
of mental health | ||||||
14 | services on an inpatient care basis, the Court shall order the
| ||||||
15 | defendant to the Department of Human Services.
The defendant | ||||||
16 | shall be placed in a secure setting. Such
defendants placed in | ||||||
17 | a secure setting shall not be permitted outside the
facility's | ||||||
18 | housing unit unless escorted or accompanied by personnel of | ||||||
19 | the
Department of Human Services or with the prior approval of | ||||||
20 | the Court for
unsupervised
on-grounds privileges as provided
| ||||||
21 | herein.
Any defendant placed in a secure setting pursuant to | ||||||
22 | this Section,
transported to court hearings or other necessary | ||||||
23 | appointments
off facility grounds
by personnel of
the | ||||||
24 | Department of Human Services, shall be
placed in security | ||||||
25 | devices
or otherwise secured during the period of | ||||||
26 | transportation to assure
secure transport of the defendant and |
| |||||||
| |||||||
1 | the safety of Department
of Human Services personnel and | ||||||
2 | others. These security measures
shall not constitute restraint | ||||||
3 | as defined in the Mental Health and
Developmental Disabilities | ||||||
4 | Code.
If the defendant is found to be in need of mental health | ||||||
5 | services,
but not on an inpatient care basis, the Court shall | ||||||
6 | conditionally release
the defendant, under such conditions as | ||||||
7 | set forth in this Section as will
reasonably assure the | ||||||
8 | defendant's satisfactory progress and participation
in | ||||||
9 | treatment or
rehabilitation and the safety of the defendant, | ||||||
10 | the victim, the victim's family members, and others. If the
| ||||||
11 | Court
finds the person not in need of mental health services, | ||||||
12 | then the Court
shall order the defendant discharged from | ||||||
13 | custody.
| ||||||
14 | (a-1) Definitions. For the purposes of this Section:
| ||||||
15 | (A) (Blank).
| ||||||
16 | (B) "In need of mental health services on an inpatient | ||||||
17 | basis" means: a
defendant who has been found not guilty by | ||||||
18 | reason of insanity but who, due to mental illness, is
| ||||||
19 | reasonably expected to inflict
serious physical harm upon | ||||||
20 | himself or another and who would benefit from
inpatient | ||||||
21 | care or is in need of inpatient care.
| ||||||
22 | (C) "In need of mental health services on an | ||||||
23 | outpatient basis" means:
a defendant who has been found | ||||||
24 | not guilty by reason of insanity who is not in need of | ||||||
25 | mental health services on
an inpatient basis, but is in | ||||||
26 | need of outpatient care, drug and/or alcohol
|
| |||||||
| |||||||
1 | rehabilitation programs, community adjustment programs, | ||||||
2 | individual, group,
or family therapy, or chemotherapy.
| ||||||
3 | (D) "Conditional Release" means: the release from | ||||||
4 | either the custody
of the Department of Human Services
or | ||||||
5 | the custody of the Court of a person who has been found not | ||||||
6 | guilty by
reason of insanity under such conditions as the | ||||||
7 | Court may impose which
reasonably assure the defendant's | ||||||
8 | satisfactory progress in
treatment or habilitation and the | ||||||
9 | safety of the defendant, the victim, the victim's family, | ||||||
10 | and others. The
Court shall consider such terms and | ||||||
11 | conditions which may include, but need
not be limited to, | ||||||
12 | outpatient care, alcoholic and drug rehabilitation | ||||||
13 | programs,
community adjustment programs, individual, | ||||||
14 | group, family, and chemotherapy,
random testing to ensure | ||||||
15 | the defendant's timely and continuous taking of any
| ||||||
16 | medicines prescribed
to control or manage his or her | ||||||
17 | conduct or mental state, and
periodic checks with the | ||||||
18 | legal authorities and/or the Department of Human
Services.
| ||||||
19 | The Court may order as a condition of conditional release | ||||||
20 | that the
defendant not contact the victim of the offense | ||||||
21 | that
resulted in the finding or
verdict of not guilty by | ||||||
22 | reason of insanity or any other person. The Court may
| ||||||
23 | order the
Department of
Human Services to provide care to | ||||||
24 | any
person conditionally released under this Section. The | ||||||
25 | Department may contract
with any public or private agency | ||||||
26 | in order to discharge any responsibilities
imposed under |
| |||||||
| |||||||
1 | this Section. The Department shall monitor the provision | ||||||
2 | of
services to persons conditionally released under this | ||||||
3 | Section and provide
periodic reports to the Court | ||||||
4 | concerning the services and the condition of the
| ||||||
5 | defendant.
Whenever a person is conditionally released | ||||||
6 | pursuant to this Section, the
State's Attorney for the | ||||||
7 | county in which the hearing is held shall designate in
| ||||||
8 | writing the name, telephone number, and address of a | ||||||
9 | person employed by him or
her who
shall be notified in the | ||||||
10 | event that either the reporting agency or the
Department | ||||||
11 | decides that the conditional release of the defendant | ||||||
12 | should be
revoked or modified pursuant to subsection (i) | ||||||
13 | of this Section. Such
conditional release shall be for
a | ||||||
14 | period of five years. However, the defendant, the person | ||||||
15 | or
facility
rendering the treatment, therapy, program or | ||||||
16 | outpatient care, the
Department, or the
State's Attorney | ||||||
17 | may petition the Court for an extension of
the conditional
| ||||||
18 | release period for an additional 5 years. Upon receipt of | ||||||
19 | such a
petition, the Court shall hold a hearing consistent | ||||||
20 | with the provisions of
paragraph (a), this paragraph | ||||||
21 | (a-1),
and paragraph (f) of this Section, shall determine
| ||||||
22 | whether the defendant should continue to be subject to the | ||||||
23 | terms of
conditional release, and shall enter an order | ||||||
24 | either extending the
defendant's period of conditional | ||||||
25 | release for an additional 5-year
period or discharging the | ||||||
26 | defendant.
Additional 5-year periods of conditional |
| |||||||
| |||||||
1 | release may be ordered following a
hearing as provided in | ||||||
2 | this Section. However,
in no event shall the defendant's
| ||||||
3 | period of conditional release continue beyond the maximum | ||||||
4 | period of
commitment ordered by the Court pursuant to | ||||||
5 | paragraph (b) of this Section. These provisions for
| ||||||
6 | extension of conditional release shall only apply to | ||||||
7 | defendants
conditionally released on or after August 8, | ||||||
8 | 2003. However, the extension
provisions of Public Act | ||||||
9 | 83-1449 apply only to defendants charged
with a forcible | ||||||
10 | felony.
| ||||||
11 | (E) "Facility director" means the chief officer of a | ||||||
12 | mental health or
developmental disabilities facility or | ||||||
13 | his or her designee or the supervisor of
a program of | ||||||
14 | treatment or habilitation or his or her designee. | ||||||
15 | "Designee" may
include a physician, clinical psychologist, | ||||||
16 | social worker, nurse, or clinical
professional counselor.
| ||||||
17 | (b) If the Court finds the defendant in need of mental | ||||||
18 | health services on an
inpatient basis, the
admission, | ||||||
19 | detention, care, treatment or habilitation, treatment plans,
| ||||||
20 | review proceedings, including review of treatment and | ||||||
21 | treatment plans, and
discharge of the defendant after such | ||||||
22 | order shall be under the
Mental Health and Developmental | ||||||
23 | Disabilities Code, except that the
initial order for admission | ||||||
24 | of a defendant acquitted of a felony by
reason of insanity | ||||||
25 | shall be for an indefinite period of time. Such period
of | ||||||
26 | commitment shall not exceed the maximum
length of time that |
| |||||||
| |||||||
1 | the defendant would have been required to serve,
less credit | ||||||
2 | for good behavior as provided in Section 5-4-1 of the Unified
| ||||||
3 | Code of Corrections, before becoming eligible for
release had
| ||||||
4 | he been convicted of and received the maximum sentence for the | ||||||
5 | most
serious crime for which he has been acquitted by reason of | ||||||
6 | insanity. The
Court shall determine the maximum period of | ||||||
7 | commitment by an appropriate
order. During this period of | ||||||
8 | time, the defendant shall not be permitted
to be in the | ||||||
9 | community in any manner, including, but not limited to, | ||||||
10 | off-grounds
privileges, with or without escort by personnel of | ||||||
11 | the Department of Human
Services, unsupervised on-grounds | ||||||
12 | privileges,
discharge or conditional or temporary release, | ||||||
13 | except by a plan as provided in
this Section. In no event shall | ||||||
14 | a defendant's continued unauthorized
absence be a basis for | ||||||
15 | discharge. Not more than 30 days after admission
and every 90 | ||||||
16 | days thereafter so long as the initial order
remains in | ||||||
17 | effect, the facility director shall file a treatment plan | ||||||
18 | report
in writing with the court
and forward a copy of the | ||||||
19 | treatment plan report to the clerk of the
court, the State's | ||||||
20 | Attorney, and the defendant's attorney, if the defendant is
| ||||||
21 | represented by counsel,
or to a person authorized by
the | ||||||
22 | defendant under the
Mental Health and Developmental | ||||||
23 | Disabilities Confidentiality Act to be sent a
copy of the | ||||||
24 | report. The report shall include an opinion
as to whether the
| ||||||
25 | defendant is currently in need of mental
health services on an | ||||||
26 | inpatient basis or in need of mental health services
on
an |
| |||||||
| |||||||
1 | outpatient basis. The report shall also summarize the basis | ||||||
2 | for those
findings and provide a current summary of the | ||||||
3 | following items from the
treatment plan: (1) an assessment of | ||||||
4 | the defendant's treatment needs, (2) a
description of the | ||||||
5 | services recommended for treatment, (3) the goals of each
type | ||||||
6 | of element of service, (4) an anticipated timetable for the | ||||||
7 | accomplishment
of the goals, and (5) a designation of the | ||||||
8 | qualified professional responsible
for the implementation of | ||||||
9 | the plan.
The report may also include unsupervised on-grounds
| ||||||
10 | privileges, off-grounds privileges (with or without escort by | ||||||
11 | personnel of the
Department of Human Services), home visits | ||||||
12 | and
participation in work
programs, but only where such | ||||||
13 | privileges have been approved by specific court
order, which | ||||||
14 | order may include such conditions on the defendant as the
| ||||||
15 | Court may deem appropriate and necessary to reasonably assure | ||||||
16 | the defendant's
satisfactory progress in treatment and the | ||||||
17 | safety of the defendant and others.
| ||||||
18 | (c) Every defendant acquitted of a felony by reason of | ||||||
19 | insanity and
subsequently found to be in need of
mental health | ||||||
20 | services shall be represented by counsel in all proceedings | ||||||
21 | under
this Section and under the Mental Health and | ||||||
22 | Developmental Disabilities Code.
| ||||||
23 | (1) The Court shall appoint as counsel the public | ||||||
24 | defender or an
attorney licensed by this State.
| ||||||
25 | (2) Upon filing with the Court of a verified statement | ||||||
26 | of legal
services rendered by the private attorney |
| |||||||
| |||||||
1 | appointed pursuant to
paragraph (1) of this subsection, | ||||||
2 | the Court shall determine a reasonable
fee for such | ||||||
3 | services. If the defendant is unable to pay the fee, the
| ||||||
4 | Court shall enter an order upon the State to pay the entire | ||||||
5 | fee or such
amount as the defendant is unable to pay from | ||||||
6 | funds appropriated by the
General Assembly for that | ||||||
7 | purpose.
| ||||||
8 | (d) When the facility director determines that:
| ||||||
9 | (1) the defendant is no longer
in need of mental | ||||||
10 | health services on an inpatient basis; and
| ||||||
11 | (2) the defendant may be conditionally released | ||||||
12 | because he
or she is still in need of mental health | ||||||
13 | services or that the defendant
may be discharged as not in | ||||||
14 | need of any mental health services; or
| ||||||
15 | (3) (blank);
| ||||||
16 | the facility director shall give written notice
to the Court, | ||||||
17 | State's Attorney and defense attorney.
Such notice shall set | ||||||
18 | forth in detail the basis for the recommendation of
the | ||||||
19 | facility director, and specify clearly the recommendations, if | ||||||
20 | any,
of the facility director, concerning conditional release.
| ||||||
21 | Any recommendation for conditional release shall include an | ||||||
22 | evaluation of
the defendant's need for psychotropic | ||||||
23 | medication, what provisions should be
made, if any, to ensure | ||||||
24 | that the defendant will continue to receive
psychotropic | ||||||
25 | medication following discharge, and what provisions should be | ||||||
26 | made
to assure the safety of the defendant and others in the |
| |||||||
| |||||||
1 | event the defendant is
no longer receiving psychotropic | ||||||
2 | medication.
Within 30 days of
the notification by the facility | ||||||
3 | director, the Court shall set a hearing and
make a finding as | ||||||
4 | to whether the defendant is:
| ||||||
5 | (i) (blank); or
| ||||||
6 | (ii) in need of mental health services in the form of | ||||||
7 | inpatient care; or
| ||||||
8 | (iii) in need of mental health services but not | ||||||
9 | subject to inpatient care;
or
| ||||||
10 | (iv) no longer in need of mental health services; or
| ||||||
11 | (v) (blank).
| ||||||
12 | A crime victim shall be allowed to present an oral and | ||||||
13 | written statement. The court shall allow a victim to make an | ||||||
14 | oral statement if the victim is present in the courtroom and | ||||||
15 | requests to make an oral statement. An oral statement includes | ||||||
16 | the victim or a representative of the victim reading the | ||||||
17 | written statement. A victim and any person making an oral | ||||||
18 | statement shall not be put under oath or subject to | ||||||
19 | cross-examination. All statements shall become part of the | ||||||
20 | record of the court. | ||||||
21 | Upon finding by the Court, the Court shall enter its | ||||||
22 | findings and such
appropriate order as provided in subsections | ||||||
23 | (a) and (a-1) of this Section.
| ||||||
24 | (e) A defendant admitted pursuant to this Section, or any | ||||||
25 | person on
his behalf, may file a petition for treatment plan | ||||||
26 | review
or discharge or conditional release under the
standards |
| |||||||
| |||||||
1 | of this Section in the Court which rendered the verdict. Upon
| ||||||
2 | receipt of a petition for treatment plan review or discharge | ||||||
3 | or conditional release, the Court shall set a hearing to
be | ||||||
4 | held within 120 days. Thereafter, no new petition
may be filed | ||||||
5 | for 180 days
without leave of the Court.
| ||||||
6 | (f) The Court shall direct that notice of the time and | ||||||
7 | place of the
hearing be served upon the defendant, the | ||||||
8 | facility director, the State's
Attorney, and the defendant's | ||||||
9 | attorney. If requested by either the State or the
defense or if | ||||||
10 | the Court feels it is appropriate, an impartial examination
of | ||||||
11 | the defendant by a psychiatrist or clinical psychologist as | ||||||
12 | defined in
Section 1-103 of the Mental Health and | ||||||
13 | Developmental Disabilities Code who
is not in the employ of | ||||||
14 | the Department of Human Services shall be ordered, and
the | ||||||
15 | report considered at
the time of the hearing.
| ||||||
16 | (g) The findings of the Court shall be established by | ||||||
17 | clear and
convincing evidence. The burden of proof and the | ||||||
18 | burden of going forth
with the evidence rest with the | ||||||
19 | defendant or any person on the defendant's
behalf when a | ||||||
20 | hearing is held to review
a petition filed by or on
behalf of | ||||||
21 | the defendant. The evidence shall be presented in open
Court
| ||||||
22 | with the right of confrontation and cross-examination.
Such | ||||||
23 | evidence may include, but is not limited to:
| ||||||
24 | (1) whether the defendant appreciates the harm caused | ||||||
25 | by the defendant to
others and the community by his or her | ||||||
26 | prior
conduct
that resulted in the finding of not guilty |
| |||||||
| |||||||
1 | by reason of insanity;
| ||||||
2 | (2) Whether the person appreciates the criminality of | ||||||
3 | conduct similar to
the conduct for which he or she was | ||||||
4 | originally charged in this matter;
| ||||||
5 | (3) the current state of
the defendant's illness;
| ||||||
6 | (4) what, if any, medications the defendant is taking | ||||||
7 | to
control his or her mental illness;
| ||||||
8 | (5) what, if any, adverse physical side effects
the | ||||||
9 | medication has on the defendant;
| ||||||
10 | (6) the length of time it would take for the | ||||||
11 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
12 | stopped taking prescribed medication;
| ||||||
13 | (7) the defendant's history or potential for alcohol | ||||||
14 | and drug abuse;
| ||||||
15 | (8) the defendant's past criminal history;
| ||||||
16 | (9) any specialized physical or medical needs of the | ||||||
17 | defendant;
| ||||||
18 | (10) any family participation or involvement expected | ||||||
19 | upon release and
what is the willingness and ability of | ||||||
20 | the family to participate or be
involved;
| ||||||
21 | (11) the defendant's potential to be a danger to | ||||||
22 | himself, herself, or
others;
| ||||||
23 | (11.5) a written or oral statement made by the victim; | ||||||
24 | and | ||||||
25 | (12) any other factor or factors the Court deems | ||||||
26 | appropriate.
|
| |||||||
| |||||||
1 | (h) Before the court orders that the defendant be | ||||||
2 | discharged or
conditionally released, it shall order the | ||||||
3 | facility director to establish a
discharge plan that includes | ||||||
4 | a plan for the defendant's shelter, support, and
medication. | ||||||
5 | If appropriate, the court shall order that the facility | ||||||
6 | director
establish a program to train the defendant in | ||||||
7 | self-medication under standards
established by the Department | ||||||
8 | of Human Services.
If the Court finds, consistent with the | ||||||
9 | provisions of this Section,
that the defendant is no longer in | ||||||
10 | need of mental
health services it shall order the facility | ||||||
11 | director to discharge the
defendant. If the Court finds, | ||||||
12 | consistent with the provisions of this
Section, that the | ||||||
13 | defendant is in need of mental
health services, and no longer | ||||||
14 | in need of inpatient care, it shall order
the facility | ||||||
15 | director to release the defendant under such conditions as the
| ||||||
16 | Court deems appropriate and as provided by this Section. Such | ||||||
17 | conditional
release shall be imposed for a period of 5 years as | ||||||
18 | provided in
paragraph
(D) of subsection (a-1) and shall be
| ||||||
19 | subject
to later modification by the Court as provided by this | ||||||
20 | Section. If the
Court finds consistent with the provisions in | ||||||
21 | this Section that the
defendant is in
need of mental health | ||||||
22 | services on an inpatient basis, it shall order the
facility | ||||||
23 | director not to discharge or release the defendant in | ||||||
24 | accordance
with paragraph (b) of this Section.
| ||||||
25 | (i) If within the period of the defendant's conditional | ||||||
26 | release
the State's Attorney determines that the defendant has |
| |||||||
| |||||||
1 | not fulfilled the
conditions of his or her release, the | ||||||
2 | State's Attorney may petition the
Court
to
revoke or modify | ||||||
3 | the conditional release of the defendant. Upon the filing of
| ||||||
4 | such petition the defendant may be remanded to the custody of | ||||||
5 | the Department,
or to any other mental health facility | ||||||
6 | designated by the Department, pending
the resolution of the | ||||||
7 | petition. Nothing in this Section shall prevent the
emergency | ||||||
8 | admission of a defendant pursuant to Article VI of Chapter III | ||||||
9 | of the
Mental Health
and Developmental Disabilities Code or | ||||||
10 | the voluntary admission of the defendant
pursuant to Article | ||||||
11 | IV of Chapter III of the Mental Health and Developmental
| ||||||
12 | Disabilities
Code. If
the Court determines, after hearing | ||||||
13 | evidence, that the defendant has
not fulfilled the conditions | ||||||
14 | of release, the Court shall order a hearing
to be held | ||||||
15 | consistent with the provisions of paragraph (f) and (g) of | ||||||
16 | this
Section. At such hearing, if the Court finds that the | ||||||
17 | defendant is in need of mental health services on an inpatient
| ||||||
18 | basis, it shall enter an order remanding him or her to the | ||||||
19 | Department of
Human Services or other
facility. If the | ||||||
20 | defendant is remanded to the Department of Human Services, he
| ||||||
21 | or she shall be placed in
a secure setting unless the Court
| ||||||
22 | determines that there are compelling reasons that such | ||||||
23 | placement is not
necessary. If the
Court finds that the | ||||||
24 | defendant continues to be in need of mental health
services | ||||||
25 | but not on an inpatient basis, it may modify the conditions of
| ||||||
26 | the original release in order to reasonably assure the |
| |||||||
| |||||||
1 | defendant's satisfactory
progress in treatment and his or her | ||||||
2 | safety and the safety of others in
accordance with the | ||||||
3 | standards established in paragraph (D) of subsection (a-1). | ||||||
4 | Nothing in
this Section shall limit a Court's contempt powers | ||||||
5 | or any other powers of a
Court.
| ||||||
6 | (j) An order of admission under this Section does not | ||||||
7 | affect the
remedy of habeas corpus.
| ||||||
8 | (k) In the event of a conflict between this Section and the | ||||||
9 | Mental Health
and Developmental Disabilities Code or the | ||||||
10 | Mental Health and Developmental
Disabilities Confidentiality | ||||||
11 | Act, the provisions of this Section shall govern.
| ||||||
12 | (l) Public Act 90-593 shall apply to all persons who have | ||||||
13 | been found
not guilty by reason of insanity and who are | ||||||
14 | presently committed to the
Department of Mental Health and | ||||||
15 | Developmental Disabilities (now the
Department of Human | ||||||
16 | Services).
| ||||||
17 | (m)
The Clerk of the Court shall transmit a certified copy | ||||||
18 | of the order of
discharge or conditional release to the | ||||||
19 | Department of Human Services, to the sheriff of the county | ||||||
20 | from which the defendant was admitted, to the Illinois | ||||||
21 | Department of State Police, to
the proper law enforcement | ||||||
22 | agency for the municipality
where the offense took
place, and | ||||||
23 | to the sheriff of the county into which the defendant is
| ||||||
24 | conditionally discharged. The Illinois Department of State | ||||||
25 | Police shall
maintain a
centralized record of discharged or | ||||||
26 | conditionally released defendants while
they are under court |
| |||||||
| |||||||
1 | supervision for access and use of appropriate law
enforcement | ||||||
2 | agencies.
| ||||||
3 | (n) The provisions in this Section which allow allows a | ||||||
4 | crime victim to make a written and oral statement do not apply | ||||||
5 | if the defendant was under 18 years of age at the time the | ||||||
6 | offense was committed. | ||||||
7 | (o) If any provision of this Section or its application to | ||||||
8 | any person or circumstance is held invalid, the invalidity of | ||||||
9 | that provision does not affect any other provision or | ||||||
10 | application of this Section that can be given effect without | ||||||
11 | the invalid provision or application. | ||||||
12 | (Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18; | ||||||
13 | 100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff. | ||||||
14 | 7-12-19; revised 9-24-19.)
| ||||||
15 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
16 | Sec. 5-3-2. Presentence report.
| ||||||
17 | (a) In felony cases, the presentence
report shall set | ||||||
18 | forth:
| ||||||
19 | (1) the defendant's history of delinquency or | ||||||
20 | criminality,
physical and mental history and condition, | ||||||
21 | family situation and
background, economic status, | ||||||
22 | education, occupation and personal habits;
| ||||||
23 | (2) information about special resources within the | ||||||
24 | community
which might be available to assist the | ||||||
25 | defendant's rehabilitation,
including treatment centers, |
| |||||||
| |||||||
1 | residential facilities, vocational
training services, | ||||||
2 | correctional manpower programs, employment
opportunities, | ||||||
3 | special educational programs, alcohol and drug
abuse | ||||||
4 | programming, psychiatric and marriage counseling, and | ||||||
5 | other
programs and facilities which could aid the | ||||||
6 | defendant's successful
reintegration into society;
| ||||||
7 | (3) the effect the offense committed has had upon the | ||||||
8 | victim or
victims thereof, and any compensatory benefit | ||||||
9 | that various
sentencing alternatives would confer on such | ||||||
10 | victim or victims;
| ||||||
11 | (3.5) information provided by the victim's spouse, | ||||||
12 | guardian, parent, grandparent, and other immediate family | ||||||
13 | and household members about the effect the offense | ||||||
14 | committed has had on the victim and on the person | ||||||
15 | providing the information; if the victim's spouse, | ||||||
16 | guardian, parent, grandparent, or other immediate family | ||||||
17 | or household member has provided a written statement, the | ||||||
18 | statement shall be attached to the report; | ||||||
19 | (4) information concerning the defendant's status | ||||||
20 | since arrest,
including his record if released on his own | ||||||
21 | recognizance, or the
defendant's achievement record if | ||||||
22 | released on a conditional
pre-trial supervision program;
| ||||||
23 | (5) when appropriate, a plan, based upon the personal, | ||||||
24 | economic
and social adjustment needs of the defendant, | ||||||
25 | utilizing public and
private community resources as an | ||||||
26 | alternative to institutional
sentencing;
|
| |||||||
| |||||||
1 | (6) any other matters that the investigatory officer | ||||||
2 | deems
relevant or the court directs to be included;
| ||||||
3 | (7) information concerning the defendant's eligibility | ||||||
4 | for a sentence to a
county impact incarceration program | ||||||
5 | under Section 5-8-1.2 of this Code; and
| ||||||
6 | (8) information concerning the defendant's eligibility | ||||||
7 | for a sentence to an impact incarceration program | ||||||
8 | administered by the Department under Section 5-8-1.1. | ||||||
9 | (b) The investigation shall include a physical and mental
| ||||||
10 | examination of the defendant when so ordered by the court. If
| ||||||
11 | the court determines that such an examination should be made, | ||||||
12 | it
shall issue an order that the defendant submit to | ||||||
13 | examination at
such time and place as designated by the court | ||||||
14 | and that such
examination be conducted by a physician, | ||||||
15 | psychologist or
psychiatrist designated by the court. Such an | ||||||
16 | examination may
be conducted in a court clinic if so ordered by | ||||||
17 | the court. The
cost of such examination shall be paid by the | ||||||
18 | county in which
the trial is held.
| ||||||
19 | (b-5) In cases involving felony sex offenses in which the | ||||||
20 | offender is being considered for probation only or any felony | ||||||
21 | offense that is
sexually motivated as defined in the Sex | ||||||
22 | Offender Management Board Act in which the offender is being | ||||||
23 | considered for probation only, the
investigation shall include | ||||||
24 | a sex offender evaluation by an evaluator approved
by the | ||||||
25 | Board and conducted in conformance with the standards | ||||||
26 | developed under
the Sex Offender Management Board Act. In |
| |||||||
| |||||||
1 | cases in which the offender is being considered for any | ||||||
2 | mandatory prison sentence, the investigation shall not include | ||||||
3 | a sex offender evaluation.
| ||||||
4 | (c) In misdemeanor, business offense or petty offense | ||||||
5 | cases, except as
specified in subsection (d) of this Section, | ||||||
6 | when a presentence report has
been ordered by the court, such | ||||||
7 | presentence report shall contain
information on the | ||||||
8 | defendant's history of delinquency or criminality and
shall | ||||||
9 | further contain only those matters listed in any of paragraphs | ||||||
10 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
11 | Section as are
specified by the court in its order for the | ||||||
12 | report.
| ||||||
13 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
14 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
15 | 2012, the presentence report shall set forth
information about | ||||||
16 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
17 | other treatment programs and facilities, information on the | ||||||
18 | defendant's
history of delinquency or criminality, and shall | ||||||
19 | contain those additional
matters listed in any of paragraphs | ||||||
20 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
21 | Section as are specified by the court.
| ||||||
22 | (e) Nothing in this Section shall cause the defendant to | ||||||
23 | be
held without bail or to have his bail revoked for the | ||||||
24 | purpose
of preparing the presentence report or making an | ||||||
25 | examination.
| ||||||
26 | (Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-5-3.2)
| ||||||
2 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
3 | sentencing.
| ||||||
4 | (a) The following factors shall be accorded weight in | ||||||
5 | favor of
imposing a term of imprisonment or may be considered | ||||||
6 | by the court as reasons
to impose a more severe sentence under | ||||||
7 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
8 | (1) the defendant's conduct caused or threatened | ||||||
9 | serious harm;
| ||||||
10 | (2) the defendant received compensation for committing | ||||||
11 | the offense;
| ||||||
12 | (3) the defendant has a history of prior delinquency | ||||||
13 | or criminal activity;
| ||||||
14 | (4) the defendant, by the duties of his office or by | ||||||
15 | his position,
was obliged to prevent the particular | ||||||
16 | offense committed or to bring
the offenders committing it | ||||||
17 | to justice;
| ||||||
18 | (5) the defendant held public office at the time of | ||||||
19 | the offense,
and the offense related to the conduct of | ||||||
20 | that office;
| ||||||
21 | (6) the defendant utilized his professional reputation | ||||||
22 | or
position in the community to commit the offense, or to | ||||||
23 | afford
him an easier means of committing it;
| ||||||
24 | (7) the sentence is necessary to deter others from | ||||||
25 | committing
the same crime;
|
| |||||||
| |||||||
1 | (8) the defendant committed the offense against a | ||||||
2 | person 60 years of age
or older or such person's property;
| ||||||
3 | (9) the defendant committed the offense against a | ||||||
4 | person who has a physical disability or such person's | ||||||
5 | property;
| ||||||
6 | (10) by reason of another individual's actual or | ||||||
7 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
8 | sexual orientation, physical or mental
disability, or | ||||||
9 | national origin, the defendant committed the offense | ||||||
10 | against (i)
the person or property
of that individual; | ||||||
11 | (ii) the person or property of a person who has an
| ||||||
12 | association with, is married to, or has a friendship with | ||||||
13 | the other individual;
or (iii) the person or property of a | ||||||
14 | relative (by blood or marriage) of a
person described in | ||||||
15 | clause (i) or (ii). For the purposes of this Section,
| ||||||
16 | "sexual orientation" has the meaning ascribed to it in | ||||||
17 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
18 | Rights Act;
| ||||||
19 | (11) the offense took place in a place of worship or on | ||||||
20 | the
grounds of a place of worship, immediately prior to, | ||||||
21 | during or immediately
following worship services. For | ||||||
22 | purposes of this subparagraph, "place of
worship" shall | ||||||
23 | mean any church, synagogue or other building, structure or
| ||||||
24 | place used primarily for religious worship;
| ||||||
25 | (12) the defendant was convicted of a felony committed | ||||||
26 | while he was
released on bail or his own recognizance |
| |||||||
| |||||||
1 | pending trial for a prior felony
and was convicted of such | ||||||
2 | prior felony, or the defendant was convicted of a
felony | ||||||
3 | committed while he was serving a period of probation,
| ||||||
4 | conditional discharge, or mandatory supervised release | ||||||
5 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
6 | (13) the defendant committed or attempted to commit a | ||||||
7 | felony while he
was wearing a bulletproof vest. For the | ||||||
8 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
9 | device which is designed for the purpose of
protecting the | ||||||
10 | wearer from bullets, shot or other lethal projectiles;
| ||||||
11 | (14) the defendant held a position of trust or | ||||||
12 | supervision such as, but
not limited to, family member as | ||||||
13 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
14 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
15 | relation to a victim under 18 years of age, and the | ||||||
16 | defendant committed an
offense in violation of Section | ||||||
17 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
18 | 11-14.4 except for an offense that involves keeping a | ||||||
19 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
20 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
21 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012
against
that victim;
| ||||||
23 | (15) the defendant committed an offense related to the | ||||||
24 | activities of an
organized gang. For the purposes of this | ||||||
25 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
26 | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
| |||||||
| |||||||
1 | Act;
| ||||||
2 | (16) the defendant committed an offense in violation | ||||||
3 | of one of the
following Sections while in a school, | ||||||
4 | regardless of the time of day or time of
year; on any | ||||||
5 | conveyance owned, leased, or contracted by a school to | ||||||
6 | transport
students to or from school or a school related | ||||||
7 | activity; on the real property
of a school; or on a public | ||||||
8 | way within 1,000 feet of the real property
comprising any | ||||||
9 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
10 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
11 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
12 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
13 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
14 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
15 | 1961 or the Criminal Code of 2012;
| ||||||
16 | (16.5) the defendant committed an offense in violation | ||||||
17 | of one of the
following Sections while in a day care | ||||||
18 | center, regardless of the time of day or
time of year; on | ||||||
19 | the real property of a day care center, regardless of the | ||||||
20 | time
of day or time of year; or on a public
way within | ||||||
21 | 1,000 feet of the real property comprising any day care | ||||||
22 | center,
regardless of the time of day or time of year:
| ||||||
23 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
24 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
25 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
26 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
| |||||||
| |||||||
1 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
2 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
3 | Criminal Code of 2012;
| ||||||
4 | (17) the defendant committed the offense by reason of | ||||||
5 | any person's
activity as a community policing volunteer or | ||||||
6 | to prevent any person from
engaging in activity as a | ||||||
7 | community policing volunteer. For the purpose of
this | ||||||
8 | Section, "community policing volunteer" has the meaning | ||||||
9 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
10 | 2012;
| ||||||
11 | (18) the defendant committed the offense in a nursing | ||||||
12 | home or on the
real
property comprising a nursing home. | ||||||
13 | For the purposes of this paragraph (18),
"nursing home" | ||||||
14 | means a skilled nursing
or intermediate long term care | ||||||
15 | facility that is subject to license by the
Illinois | ||||||
16 | Department of Public Health under the Nursing Home Care
| ||||||
17 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
18 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
19 | (19) the defendant was a federally licensed firearm | ||||||
20 | dealer
and
was
previously convicted of a violation of | ||||||
21 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
22 | Identification Card Act and has now committed either a | ||||||
23 | felony
violation
of the Firearm Owners Identification Card | ||||||
24 | Act or an act of armed violence while
armed
with a firearm; | ||||||
25 | (20) the defendant (i) committed the offense of | ||||||
26 | reckless homicide under Section 9-3 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
2 | driving under the influence of alcohol, other drug or
| ||||||
3 | drugs, intoxicating compound or compounds or any | ||||||
4 | combination thereof under Section 11-501 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of a local ordinance | ||||||
6 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
7 | miles per hour over the posted speed limit as provided in | ||||||
8 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
9 | (21) the defendant (i) committed the offense of | ||||||
10 | reckless driving or aggravated reckless driving under | ||||||
11 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
12 | operating a motor vehicle in excess of 20 miles per hour | ||||||
13 | over the posted speed limit as provided in Article VI of | ||||||
14 | Chapter 11 of the Illinois Vehicle Code; | ||||||
15 | (22) the defendant committed the offense against a | ||||||
16 | person that the defendant knew, or reasonably should have | ||||||
17 | known, was a member of the Armed Forces of the United | ||||||
18 | States serving on active duty. For purposes of this clause | ||||||
19 | (22), the term "Armed Forces" means any of the Armed | ||||||
20 | Forces of the United States, including a member of any | ||||||
21 | reserve component thereof or National Guard unit called to | ||||||
22 | active duty;
| ||||||
23 | (23)
the defendant committed the offense against a | ||||||
24 | person who was elderly or infirm or who was a person with a | ||||||
25 | disability by taking advantage of a family or fiduciary | ||||||
26 | relationship with the elderly or infirm person or person |
| |||||||
| |||||||
1 | with a disability;
| ||||||
2 | (24)
the defendant committed any offense under Section | ||||||
3 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012 and possessed 100 or more images;
| ||||||
5 | (25) the defendant committed the offense while the | ||||||
6 | defendant or the victim was in a train, bus, or other | ||||||
7 | vehicle used for public transportation; | ||||||
8 | (26) the defendant committed the offense of child | ||||||
9 | pornography or aggravated child pornography, specifically | ||||||
10 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
11 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
13 | solicited for, depicted in, or posed in any act of sexual | ||||||
14 | penetration or bound, fettered, or subject to sadistic, | ||||||
15 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
16 | and specifically including paragraph (1), (2), (3), (4), | ||||||
17 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
18 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
19 | engaged in, solicited for, depicted in, or posed in any | ||||||
20 | act of sexual penetration or bound, fettered, or subject | ||||||
21 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
22 | sexual context; | ||||||
23 | (27) the defendant committed the offense of first | ||||||
24 | degree murder, assault, aggravated assault, battery, | ||||||
25 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
26 | robbery against a person who was a veteran and the |
| |||||||
| |||||||
1 | defendant knew, or reasonably should have known, that the | ||||||
2 | person was a veteran performing duties as a representative | ||||||
3 | of a veterans' organization. For the purposes of this | ||||||
4 | paragraph (27), "veteran" means an Illinois resident who | ||||||
5 | has served as a member of the United States Armed Forces, a | ||||||
6 | member of the Illinois National Guard, or a member of the | ||||||
7 | United States Reserve Forces; and "veterans' organization" | ||||||
8 | means an organization comprised of members of
which | ||||||
9 | substantially all are individuals who are veterans or | ||||||
10 | spouses,
widows, or widowers of veterans, the primary | ||||||
11 | purpose of which is to
promote the welfare of its members | ||||||
12 | and to provide assistance to the general
public in such a | ||||||
13 | way as to confer a public benefit; | ||||||
14 | (28) the defendant committed the offense of assault, | ||||||
15 | aggravated assault, battery, aggravated battery, robbery, | ||||||
16 | armed robbery, or aggravated robbery against a person that | ||||||
17 | the defendant knew or reasonably should have known was a | ||||||
18 | letter carrier or postal worker while that person was | ||||||
19 | performing his or her duties delivering mail for the | ||||||
20 | United States Postal Service; | ||||||
21 | (29) the defendant committed the offense of criminal | ||||||
22 | sexual assault, aggravated criminal sexual assault, | ||||||
23 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
24 | against a victim with an intellectual disability, and the | ||||||
25 | defendant holds a position of trust, authority, or | ||||||
26 | supervision in relation to the victim; |
| |||||||
| |||||||
1 | (30) the defendant committed the offense of promoting | ||||||
2 | juvenile prostitution, patronizing a prostitute, or | ||||||
3 | patronizing a minor engaged in prostitution and at the | ||||||
4 | time of the commission of the offense knew that the | ||||||
5 | prostitute or minor engaged in prostitution was in the | ||||||
6 | custody or guardianship of the Department of Children and | ||||||
7 | Family Services; | ||||||
8 | (31) the defendant (i) committed the offense of | ||||||
9 | driving while under the influence of alcohol, other drug | ||||||
10 | or drugs, intoxicating compound or compounds or any | ||||||
11 | combination thereof in violation of Section 11-501 of the | ||||||
12 | Illinois Vehicle Code or a similar provision of a local | ||||||
13 | ordinance and (ii) the defendant during the commission of | ||||||
14 | the offense was driving his or her vehicle upon a roadway | ||||||
15 | designated for one-way traffic in the opposite direction | ||||||
16 | of the direction indicated by official traffic control | ||||||
17 | devices; or | ||||||
18 | (32) the defendant committed the offense of reckless | ||||||
19 | homicide while committing a violation of Section 11-907 of | ||||||
20 | the Illinois Vehicle Code ; . | ||||||
21 | (33) (32) the defendant was found guilty of an | ||||||
22 | administrative infraction related to an act or acts of | ||||||
23 | public indecency or sexual misconduct in the penal | ||||||
24 | institution. In this paragraph (33) (32) , "penal | ||||||
25 | institution" has the same meaning as in Section 2-14 of | ||||||
26 | the Criminal Code of 2012 ; or . |
| |||||||
| |||||||
1 | (34) (32) the defendant committed the offense of | ||||||
2 | leaving the scene of an accident in violation of | ||||||
3 | subsection (b) of Section 11-401 of the Illinois Vehicle | ||||||
4 | Code and the accident resulted in the death of a person and | ||||||
5 | at the time of the offense, the defendant was: (i) driving | ||||||
6 | under the influence of alcohol, other drug or drugs, | ||||||
7 | intoxicating compound or compounds or any combination | ||||||
8 | thereof as defined by Section 11-501 of the Illinois | ||||||
9 | Vehicle Code; or (ii) operating the motor vehicle while | ||||||
10 | using an electronic communication device as defined in | ||||||
11 | Section 12-610.2 of the Illinois Vehicle Code. | ||||||
12 | For the purposes of this Section:
| ||||||
13 | "School" is defined as a public or private
elementary or | ||||||
14 | secondary school, community college, college, or university.
| ||||||
15 | "Day care center" means a public or private State | ||||||
16 | certified and
licensed day care center as defined in Section | ||||||
17 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
18 | plain view stating that the
property is a day care center.
| ||||||
19 | "Intellectual disability" means significantly subaverage | ||||||
20 | intellectual functioning which exists concurrently
with | ||||||
21 | impairment in adaptive behavior. | ||||||
22 | "Public transportation" means the transportation
or | ||||||
23 | conveyance of persons by means available to the general | ||||||
24 | public, and includes paratransit services. | ||||||
25 | "Traffic control devices" means all signs, signals, | ||||||
26 | markings, and devices that conform to the Illinois Manual on |
| |||||||
| |||||||
1 | Uniform Traffic Control Devices, placed or erected by | ||||||
2 | authority of a public body or official having jurisdiction, | ||||||
3 | for the purpose of regulating, warning, or guiding traffic. | ||||||
4 | (b) The following factors, related to all felonies, may be | ||||||
5 | considered by the court as
reasons to impose an extended term | ||||||
6 | sentence under Section 5-8-2
upon any offender:
| ||||||
7 | (1) When a defendant is convicted of any felony, after | ||||||
8 | having
been previously convicted in Illinois or any other | ||||||
9 | jurisdiction of the
same or similar class felony or | ||||||
10 | greater class felony, when such conviction
has occurred | ||||||
11 | within 10 years after the
previous conviction, excluding | ||||||
12 | time spent in custody, and such charges are
separately | ||||||
13 | brought and tried and arise out of different series of | ||||||
14 | acts; or
| ||||||
15 | (2) When a defendant is convicted of any felony and | ||||||
16 | the court
finds that the offense was accompanied by | ||||||
17 | exceptionally brutal
or heinous behavior indicative of | ||||||
18 | wanton cruelty; or
| ||||||
19 | (3) When a defendant is convicted of any felony | ||||||
20 | committed against:
| ||||||
21 | (i) a person under 12 years of age at the time of | ||||||
22 | the offense or such
person's property;
| ||||||
23 | (ii) a person 60 years of age or older at the time | ||||||
24 | of the offense or
such person's property; or
| ||||||
25 | (iii) a person who had a physical disability at | ||||||
26 | the time of the offense or
such person's property; or
|
| |||||||
| |||||||
1 | (4) When a defendant is convicted of any felony and | ||||||
2 | the offense
involved any of the following types of | ||||||
3 | specific misconduct committed as
part of a ceremony, rite, | ||||||
4 | initiation, observance, performance, practice or
activity | ||||||
5 | of any actual or ostensible religious, fraternal, or | ||||||
6 | social group:
| ||||||
7 | (i) the brutalizing or torturing of humans or | ||||||
8 | animals;
| ||||||
9 | (ii) the theft of human corpses;
| ||||||
10 | (iii) the kidnapping of humans;
| ||||||
11 | (iv) the desecration of any cemetery, religious, | ||||||
12 | fraternal, business,
governmental, educational, or | ||||||
13 | other building or property; or
| ||||||
14 | (v) ritualized abuse of a child; or
| ||||||
15 | (5) When a defendant is convicted of a felony other | ||||||
16 | than conspiracy and
the court finds that
the felony was | ||||||
17 | committed under an agreement with 2 or more other persons
| ||||||
18 | to commit that offense and the defendant, with respect to | ||||||
19 | the other
individuals, occupied a position of organizer, | ||||||
20 | supervisor, financier, or any
other position of management | ||||||
21 | or leadership, and the court further finds that
the felony | ||||||
22 | committed was related to or in furtherance of the criminal
| ||||||
23 | activities of an organized gang or was motivated by the | ||||||
24 | defendant's leadership
in an organized gang; or
| ||||||
25 | (6) When a defendant is convicted of an offense | ||||||
26 | committed while using a firearm with a
laser sight |
| |||||||
| |||||||
1 | attached to it. For purposes of this paragraph, "laser | ||||||
2 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
3 | the Criminal Code of
2012; or
| ||||||
4 | (7) When a defendant who was at least 17 years of age | ||||||
5 | at the
time of
the commission of the offense is convicted | ||||||
6 | of a felony and has been previously
adjudicated a | ||||||
7 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
8 | an act
that if committed by an adult would be a Class X or | ||||||
9 | Class 1 felony when the
conviction has occurred within 10 | ||||||
10 | years after the previous adjudication,
excluding time | ||||||
11 | spent in custody; or
| ||||||
12 | (8) When a defendant commits any felony and the | ||||||
13 | defendant used, possessed, exercised control over, or | ||||||
14 | otherwise directed an animal to assault a law enforcement | ||||||
15 | officer engaged in the execution of his or her official | ||||||
16 | duties or in furtherance of the criminal activities of an | ||||||
17 | organized gang in which the defendant is engaged; or
| ||||||
18 | (9) When a defendant commits any felony and the | ||||||
19 | defendant knowingly video or audio records the offense | ||||||
20 | with the intent to disseminate the recording. | ||||||
21 | (c) The following factors may be considered by the court | ||||||
22 | as reasons to impose an extended term sentence under Section | ||||||
23 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
24 | offenses: | ||||||
25 | (1) When a defendant is convicted of first degree | ||||||
26 | murder, after having been previously convicted in Illinois |
| |||||||
| |||||||
1 | of any offense listed under paragraph (c)(2) of Section | ||||||
2 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
3 | occurred within 10 years after the previous conviction, | ||||||
4 | excluding time spent in custody, and the charges are | ||||||
5 | separately brought and tried and arise out of different | ||||||
6 | series of acts. | ||||||
7 | (1.5) When a defendant is convicted of first degree | ||||||
8 | murder, after having been previously convicted of domestic | ||||||
9 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
10 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
11 | having been previously convicted of violation of an order | ||||||
12 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
13 | was the protected person. | ||||||
14 | (2) When a defendant is convicted of voluntary | ||||||
15 | manslaughter, second degree murder, involuntary | ||||||
16 | manslaughter, or reckless homicide in which the defendant | ||||||
17 | has been convicted of causing the death of more than one | ||||||
18 | individual. | ||||||
19 | (3) When a defendant is convicted of aggravated | ||||||
20 | criminal sexual assault or criminal sexual assault, when | ||||||
21 | there is a finding that aggravated criminal sexual assault | ||||||
22 | or criminal sexual assault was also committed on the same | ||||||
23 | victim by one or more other individuals, and the defendant | ||||||
24 | voluntarily participated in the crime with the knowledge | ||||||
25 | of the participation of the others in the crime, and the | ||||||
26 | commission of the crime was part of a single course of |
| |||||||
| |||||||
1 | conduct during which there was no substantial change in | ||||||
2 | the nature of the criminal objective. | ||||||
3 | (4) If the victim was under 18 years of age at the time | ||||||
4 | of the commission of the offense, when a defendant is | ||||||
5 | convicted of aggravated criminal sexual assault or | ||||||
6 | predatory criminal sexual assault of a child under | ||||||
7 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
8 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
10 | (5) When a defendant is convicted of a felony | ||||||
11 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
13 | finding that the defendant is a member of an organized | ||||||
14 | gang. | ||||||
15 | (6) When a defendant was convicted of unlawful use of | ||||||
16 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
18 | a weapon that is not readily distinguishable as one of the | ||||||
19 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
21 | (7) When a defendant is convicted of an offense | ||||||
22 | involving the illegal manufacture of a controlled | ||||||
23 | substance under Section 401 of the Illinois Controlled | ||||||
24 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
25 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
26 | Control and Community Protection Act (720 ILCS 646/25), or |
| |||||||
| |||||||
1 | the illegal possession of explosives and an emergency | ||||||
2 | response officer in the performance of his or her duties | ||||||
3 | is killed or injured at the scene of the offense while | ||||||
4 | responding to the emergency caused by the commission of | ||||||
5 | the offense. In this paragraph, "emergency" means a | ||||||
6 | situation in which a person's life, health, or safety is | ||||||
7 | in jeopardy; and "emergency response officer" means a | ||||||
8 | peace officer, community policing volunteer, fireman, | ||||||
9 | emergency medical technician-ambulance, emergency medical | ||||||
10 | technician-intermediate, emergency medical | ||||||
11 | technician-paramedic, ambulance driver, other medical | ||||||
12 | assistance or first aid personnel, or hospital emergency | ||||||
13 | room personnel.
| ||||||
14 | (8) When the defendant is convicted of attempted mob | ||||||
15 | action, solicitation to commit mob action, or conspiracy | ||||||
16 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
17 | Criminal Code of 2012, where the criminal object is a | ||||||
18 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
19 | and an electronic communication is used in the commission | ||||||
20 | of the offense. For the purposes of this paragraph (8), | ||||||
21 | "electronic communication" shall have the meaning provided | ||||||
22 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
23 | (d) For the purposes of this Section, "organized gang" has | ||||||
24 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
25 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
26 | (e) The court may impose an extended term sentence under |
| |||||||
| |||||||
1 | Article 4.5 of Chapter V upon an offender who has been | ||||||
2 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
3 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
4 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
5 | when the victim of the offense is under 18 years of age at the | ||||||
6 | time of the commission of the offense and, during the | ||||||
7 | commission of the offense, the victim was under the influence | ||||||
8 | of alcohol, regardless of whether or not the alcohol was | ||||||
9 | supplied by the offender; and the offender, at the time of the | ||||||
10 | commission of the offense, knew or should have known that the | ||||||
11 | victim had consumed alcohol. | ||||||
12 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
13 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||||||
14 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
15 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
16 | discharge.
| ||||||
17 | (a) The conditions of probation and of conditional | ||||||
18 | discharge shall be
that the person:
| ||||||
19 | (1) not violate any criminal statute of any | ||||||
20 | jurisdiction;
| ||||||
21 | (2) report to or appear in person before such person | ||||||
22 | or agency as
directed by the court;
| ||||||
23 | (3) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon where the offense is a felony or, if a | ||||||
25 | misdemeanor, the offense involved the intentional or |
| |||||||
| |||||||
1 | knowing infliction of bodily harm or threat of bodily | ||||||
2 | harm;
| ||||||
3 | (4) not leave the State without the consent of the | ||||||
4 | court or, in
circumstances in which the reason for the | ||||||
5 | absence is of such an emergency
nature that prior consent | ||||||
6 | by the court is not possible, without the prior
| ||||||
7 | notification and approval of the person's probation
| ||||||
8 | officer. Transfer of a person's probation or conditional | ||||||
9 | discharge
supervision to another state is subject to | ||||||
10 | acceptance by the other state
pursuant to the Interstate | ||||||
11 | Compact for Adult Offender Supervision;
| ||||||
12 | (5) permit the probation officer to visit
him at his | ||||||
13 | home or elsewhere
to the extent necessary to discharge his | ||||||
14 | duties;
| ||||||
15 | (6) perform no less than 30 hours of community service | ||||||
16 | and not more than
120 hours of community service, if | ||||||
17 | community service is available in the
jurisdiction and is | ||||||
18 | funded and approved by the county board where the offense
| ||||||
19 | was committed, where the offense was related to or in | ||||||
20 | furtherance of the
criminal activities of an organized | ||||||
21 | gang and was motivated by the offender's
membership in or | ||||||
22 | allegiance to an organized gang. The community service | ||||||
23 | shall
include, but not be limited to, the cleanup and | ||||||
24 | repair of any damage caused by
a violation of Section | ||||||
25 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012 and similar damage
to property located within the |
| |||||||
| |||||||
1 | municipality or county in which the violation
occurred. | ||||||
2 | When possible and reasonable, the community service should | ||||||
3 | be
performed in the offender's neighborhood. For purposes | ||||||
4 | of this Section,
"organized gang" has the meaning ascribed | ||||||
5 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
6 | Omnibus Prevention Act. The court may give credit toward | ||||||
7 | the fulfillment of community service hours for | ||||||
8 | participation in activities and treatment as determined by | ||||||
9 | court services;
| ||||||
10 | (7) if he or she is at least 17 years of age and has | ||||||
11 | been sentenced to
probation or conditional discharge for a | ||||||
12 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
13 | inhabitants and has not been previously convicted of a
| ||||||
14 | misdemeanor or felony, may be required by the sentencing | ||||||
15 | court to attend
educational courses designed to prepare | ||||||
16 | the defendant for a high school diploma
and to work toward | ||||||
17 | a high school diploma or to work toward passing high | ||||||
18 | school equivalency testing or to work toward
completing a | ||||||
19 | vocational training program approved by the court. The | ||||||
20 | person on
probation or conditional discharge must attend a | ||||||
21 | public institution of
education to obtain the educational | ||||||
22 | or vocational training required by this paragraph
(7). The | ||||||
23 | court shall revoke the probation or conditional discharge | ||||||
24 | of a
person who wilfully fails to comply with this | ||||||
25 | paragraph (7). The person on
probation or conditional | ||||||
26 | discharge shall be required to pay for the cost of the
|
| |||||||
| |||||||
1 | educational courses or high school equivalency testing if | ||||||
2 | a fee is charged for those courses or testing. The court | ||||||
3 | shall resentence the offender whose probation or | ||||||
4 | conditional
discharge has been revoked as provided in | ||||||
5 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
6 | person who has a high school diploma or has successfully | ||||||
7 | passed high school equivalency testing. This paragraph (7) | ||||||
8 | does not apply to a person who is determined by
the court | ||||||
9 | to be a person with a developmental disability or | ||||||
10 | otherwise mentally incapable of
completing the educational | ||||||
11 | or vocational program;
| ||||||
12 | (8) if convicted of possession of a substance | ||||||
13 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
14 | Controlled Substances Act, or the Methamphetamine Control | ||||||
15 | and Community Protection Act
after a previous conviction | ||||||
16 | or disposition of supervision for possession of a
| ||||||
17 | substance prohibited by the Cannabis Control Act or | ||||||
18 | Illinois Controlled
Substances Act or after a sentence of | ||||||
19 | probation under Section 10 of the
Cannabis
Control Act, | ||||||
20 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
21 | Section 70 of the Methamphetamine Control and Community | ||||||
22 | Protection Act and upon a
finding by the court that the | ||||||
23 | person is addicted, undergo treatment at a
substance abuse | ||||||
24 | program approved by the court;
| ||||||
25 | (8.5) if convicted of a felony sex offense as defined | ||||||
26 | in the Sex
Offender
Management Board Act, the person shall |
| |||||||
| |||||||
1 | undergo and successfully complete sex
offender treatment | ||||||
2 | by a treatment provider approved by the Board and | ||||||
3 | conducted
in conformance with the standards developed | ||||||
4 | under the Sex
Offender Management Board Act;
| ||||||
5 | (8.6) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender Management Board Act, refrain from residing | ||||||
7 | at the same address or in the same condominium unit or | ||||||
8 | apartment unit or in the same condominium complex or | ||||||
9 | apartment complex with another person he or she knows or | ||||||
10 | reasonably should know is a convicted sex offender or has | ||||||
11 | been placed on supervision for a sex offense; the | ||||||
12 | provisions of this paragraph do not apply to a person | ||||||
13 | convicted of a sex offense who is placed in a Department of | ||||||
14 | Corrections licensed transitional housing facility for sex | ||||||
15 | offenders; | ||||||
16 | (8.7) if convicted for an offense committed on or | ||||||
17 | after June 1, 2008 (the effective date of Public Act | ||||||
18 | 95-464) that would qualify the accused as a child sex | ||||||
19 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
21 | refrain from communicating with or contacting, by means of | ||||||
22 | the Internet, a person who is not related to the accused | ||||||
23 | and whom the accused reasonably believes to be under 18 | ||||||
24 | years of age; for purposes of this paragraph (8.7), | ||||||
25 | "Internet" has the meaning ascribed to it in Section | ||||||
26 | 16-0.1 of the Criminal Code of 2012; and a person is not |
| |||||||
| |||||||
1 | related to the accused if the person is not: (i) the | ||||||
2 | spouse, brother, or sister of the accused; (ii) a | ||||||
3 | descendant of the accused; (iii) a first or second cousin | ||||||
4 | of the accused; or (iv) a step-child or adopted child of | ||||||
5 | the accused; | ||||||
6 | (8.8) if convicted for an offense under Section 11-6, | ||||||
7 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
8 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | or any attempt to commit any of these offenses, committed | ||||||
11 | on or after June 1, 2009 (the effective date of Public Act | ||||||
12 | 95-983): | ||||||
13 | (i) not access or use a computer or any other | ||||||
14 | device with Internet capability without the prior | ||||||
15 | written approval of the offender's probation officer, | ||||||
16 | except in connection with the offender's employment or | ||||||
17 | search for employment with the prior approval of the | ||||||
18 | offender's probation officer; | ||||||
19 | (ii) submit to periodic unannounced examinations | ||||||
20 | of the offender's computer or any other device with | ||||||
21 | Internet capability by the offender's probation | ||||||
22 | officer, a law enforcement officer, or assigned | ||||||
23 | computer or information technology specialist, | ||||||
24 | including the retrieval and copying of all data from | ||||||
25 | the computer or device and any internal or external | ||||||
26 | peripherals and removal of such information, |
| |||||||
| |||||||
1 | equipment, or device to conduct a more thorough | ||||||
2 | inspection; | ||||||
3 | (iii) submit to the installation on the offender's | ||||||
4 | computer or device with Internet capability, at the | ||||||
5 | offender's expense, of one or more hardware or | ||||||
6 | software systems to monitor the Internet use; and | ||||||
7 | (iv) submit to any other appropriate restrictions | ||||||
8 | concerning the offender's use of or access to a | ||||||
9 | computer or any other device with Internet capability | ||||||
10 | imposed by the offender's probation officer; | ||||||
11 | (8.9) if convicted of a sex offense as defined in the | ||||||
12 | Sex Offender
Registration Act committed on or after | ||||||
13 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
14 | refrain from accessing or using a social networking | ||||||
15 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
16 | of 2012;
| ||||||
17 | (9) if convicted of a felony or of any misdemeanor | ||||||
18 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
19 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
21 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
22 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
23 | at a time and place
designated by the court, his or her | ||||||
24 | Firearm
Owner's Identification Card and
any and all | ||||||
25 | firearms in
his or her possession. The Court shall return | ||||||
26 | to the Department of State Police Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card Office the person's Firearm Owner's | ||||||
2 | Identification Card;
| ||||||
3 | (10) if convicted of a sex offense as defined in | ||||||
4 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
5 | offender is a parent or guardian of the person under 18 | ||||||
6 | years of age present in the home and no non-familial | ||||||
7 | minors are present, not participate in a holiday event | ||||||
8 | involving children under 18 years of age, such as | ||||||
9 | distributing candy or other items to children on | ||||||
10 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
11 | Christmas, being employed as a department store Santa | ||||||
12 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
13 | Easter; | ||||||
14 | (11) if convicted of a sex offense as defined in | ||||||
15 | Section 2 of the Sex Offender Registration Act committed | ||||||
16 | on or after January 1, 2010 (the effective date of Public | ||||||
17 | Act 96-362) that requires the person to register as a sex | ||||||
18 | offender under that Act, may not knowingly use any | ||||||
19 | computer scrub software on any computer that the sex | ||||||
20 | offender uses; | ||||||
21 | (12) if convicted of a violation of the | ||||||
22 | Methamphetamine Control and Community Protection Act, the | ||||||
23 | Methamphetamine
Precursor Control Act, or a | ||||||
24 | methamphetamine related offense: | ||||||
25 | (A) prohibited from purchasing, possessing, or | ||||||
26 | having under his or her control any product containing |
| |||||||
| |||||||
1 | pseudoephedrine unless prescribed by a physician; and | ||||||
2 | (B) prohibited from purchasing, possessing, or | ||||||
3 | having under his or her control any product containing | ||||||
4 | ammonium nitrate; and | ||||||
5 | (13) if convicted of a hate crime involving the | ||||||
6 | protected class identified in subsection (a) of Section | ||||||
7 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
8 | offense the offender committed, perform public or | ||||||
9 | community service of no less than 200 hours and enroll in | ||||||
10 | an educational program discouraging hate crimes that | ||||||
11 | includes racial, ethnic, and cultural sensitivity training | ||||||
12 | ordered by the court. | ||||||
13 | (b) The Court may in addition to other reasonable | ||||||
14 | conditions relating to the
nature of the offense or the | ||||||
15 | rehabilitation of the defendant as determined for
each | ||||||
16 | defendant in the proper discretion of the Court require that | ||||||
17 | the person:
| ||||||
18 | (1) serve a term of periodic imprisonment under | ||||||
19 | Article 7 for a
period not to exceed that specified in | ||||||
20 | paragraph (d) of Section 5-7-1;
| ||||||
21 | (2) pay a fine and costs;
| ||||||
22 | (3) work or pursue a course of study or vocational | ||||||
23 | training;
| ||||||
24 | (4) undergo medical, psychological or psychiatric | ||||||
25 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
26 | (5) attend or reside in a facility established for the |
| |||||||
| |||||||
1 | instruction
or residence of defendants on probation;
| ||||||
2 | (6) support his dependents;
| ||||||
3 | (7) and in addition, if a minor:
| ||||||
4 | (i) reside with his parents or in a foster home;
| ||||||
5 | (ii) attend school;
| ||||||
6 | (iii) attend a non-residential program for youth;
| ||||||
7 | (iv) contribute to his own support at home or in a | ||||||
8 | foster home;
| ||||||
9 | (v) with the consent of the superintendent of the
| ||||||
10 | facility, attend an educational program at a facility | ||||||
11 | other than the school
in which the
offense was | ||||||
12 | committed if he
or she is convicted of a crime of | ||||||
13 | violence as
defined in
Section 2 of the Crime Victims | ||||||
14 | Compensation Act committed in a school, on the
real
| ||||||
15 | property
comprising a school, or within 1,000 feet of | ||||||
16 | the real property comprising a
school;
| ||||||
17 | (8) make restitution as provided in Section 5-5-6 of | ||||||
18 | this Code;
| ||||||
19 | (9) perform some reasonable public or community | ||||||
20 | service;
| ||||||
21 | (10) serve a term of home confinement. In addition to | ||||||
22 | any other
applicable condition of probation or conditional | ||||||
23 | discharge, the
conditions of home confinement shall be | ||||||
24 | that the offender:
| ||||||
25 | (i) remain within the interior premises of the | ||||||
26 | place designated for
his confinement during the hours |
| |||||||
| |||||||
1 | designated by the court;
| ||||||
2 | (ii) admit any person or agent designated by the | ||||||
3 | court into the
offender's place of confinement at any | ||||||
4 | time for purposes of verifying
the offender's | ||||||
5 | compliance with the conditions of his confinement; and
| ||||||
6 | (iii) if further deemed necessary by the court or | ||||||
7 | the
Probation or
Court Services Department, be placed | ||||||
8 | on an approved
electronic monitoring device, subject | ||||||
9 | to Article 8A of Chapter V;
| ||||||
10 | (iv) for persons convicted of any alcohol, | ||||||
11 | cannabis or controlled
substance violation who are | ||||||
12 | placed on an approved monitoring device as a
condition | ||||||
13 | of probation or conditional discharge, the court shall | ||||||
14 | impose a
reasonable fee for each day of the use of the | ||||||
15 | device, as established by the
county board in | ||||||
16 | subsection (g) of this Section, unless after | ||||||
17 | determining the
inability of the offender to pay the | ||||||
18 | fee, the court assesses a lesser fee or no
fee as the | ||||||
19 | case may be. This fee shall be imposed in addition to | ||||||
20 | the fees
imposed under subsections (g) and (i) of this | ||||||
21 | Section. The fee shall be
collected by the clerk of the | ||||||
22 | circuit court, except as provided in an administrative | ||||||
23 | order of the Chief Judge of the circuit court. The | ||||||
24 | clerk of the circuit
court shall pay all monies | ||||||
25 | collected from this fee to the county treasurer
for | ||||||
26 | deposit in the substance abuse services fund under |
| |||||||
| |||||||
1 | Section 5-1086.1 of
the Counties Code, except as | ||||||
2 | provided in an administrative order of the Chief Judge | ||||||
3 | of the circuit court. | ||||||
4 | The Chief Judge of the circuit court of the county | ||||||
5 | may by administrative order establish a program for | ||||||
6 | electronic monitoring of offenders, in which a vendor | ||||||
7 | supplies and monitors the operation of the electronic | ||||||
8 | monitoring device, and collects the fees on behalf of | ||||||
9 | the county. The program shall include provisions for | ||||||
10 | indigent offenders and the collection of unpaid fees. | ||||||
11 | The program shall not unduly burden the offender and | ||||||
12 | shall be subject to review by the Chief Judge. | ||||||
13 | The Chief Judge of the circuit court may suspend | ||||||
14 | any additional charges or fees for late payment, | ||||||
15 | interest, or damage to any device; and
| ||||||
16 | (v) for persons convicted of offenses other than | ||||||
17 | those referenced in
clause (iv) above and who are | ||||||
18 | placed on an approved monitoring device as a
condition | ||||||
19 | of probation or conditional discharge, the court shall | ||||||
20 | impose
a reasonable fee for each day of the use of the | ||||||
21 | device, as established by the
county board in | ||||||
22 | subsection (g) of this Section, unless after | ||||||
23 | determining the
inability of the defendant to pay the | ||||||
24 | fee, the court assesses a lesser fee or
no fee as the | ||||||
25 | case may be. This fee shall be imposed in addition to | ||||||
26 | the fees
imposed under subsections (g) and (i) of this |
| |||||||
| |||||||
1 | Section. The fee
shall be collected by the clerk of the | ||||||
2 | circuit court, except as provided in an administrative | ||||||
3 | order of the Chief Judge of the circuit court. The | ||||||
4 | clerk of the circuit
court shall pay all monies | ||||||
5 | collected from this fee
to the county treasurer who | ||||||
6 | shall use the monies collected to defray the
costs of | ||||||
7 | corrections. The county treasurer shall deposit the | ||||||
8 | fee
collected in the probation and court services | ||||||
9 | fund.
The Chief Judge of the circuit court of the | ||||||
10 | county may by administrative order establish a program | ||||||
11 | for electronic monitoring of offenders, in which a | ||||||
12 | vendor supplies and monitors the operation of the | ||||||
13 | electronic monitoring device, and collects the fees on | ||||||
14 | behalf of the county. The program shall include | ||||||
15 | provisions for indigent offenders and the collection | ||||||
16 | of unpaid fees. The program shall not unduly burden | ||||||
17 | the offender and shall be subject to review by the | ||||||
18 | Chief Judge.
| ||||||
19 | The Chief Judge of the circuit court may suspend | ||||||
20 | any additional charges or fees for late payment, | ||||||
21 | interest, or damage to any device. | ||||||
22 | (11) comply with the terms and conditions of an order | ||||||
23 | of protection issued
by the court pursuant to the Illinois | ||||||
24 | Domestic Violence Act of 1986,
as now or hereafter | ||||||
25 | amended, or an order of protection issued by the court of
| ||||||
26 | another state, tribe, or United States territory. A copy |
| |||||||
| |||||||
1 | of the order of
protection shall be
transmitted to the | ||||||
2 | probation officer or agency
having responsibility for the | ||||||
3 | case;
| ||||||
4 | (12) reimburse any "local anti-crime program" as | ||||||
5 | defined in Section 7
of the Anti-Crime Advisory Council | ||||||
6 | Act for any reasonable expenses incurred
by the program on | ||||||
7 | the offender's case, not to exceed the maximum amount of
| ||||||
8 | the fine authorized for the offense for which the | ||||||
9 | defendant was sentenced;
| ||||||
10 | (13) contribute a reasonable sum of money, not to | ||||||
11 | exceed the maximum
amount of the fine authorized for the
| ||||||
12 | offense for which the defendant was sentenced, (i) to a | ||||||
13 | "local anti-crime
program", as defined in Section 7 of the | ||||||
14 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
15 | under the jurisdiction of the Department of Natural | ||||||
16 | Resources, to the fund established by the Department of | ||||||
17 | Natural Resources for the purchase of evidence for | ||||||
18 | investigation purposes and to conduct investigations as | ||||||
19 | outlined in Section 805-105 of the Department of Natural | ||||||
20 | Resources (Conservation) Law;
| ||||||
21 | (14) refrain from entering into a designated | ||||||
22 | geographic area except upon
such terms as the court finds | ||||||
23 | appropriate. Such terms may include
consideration of the | ||||||
24 | purpose of the entry, the time of day, other persons
| ||||||
25 | accompanying the defendant, and advance approval by a
| ||||||
26 | probation officer, if
the defendant has been placed on |
| |||||||
| |||||||
1 | probation or advance approval by the
court, if the | ||||||
2 | defendant was placed on conditional discharge;
| ||||||
3 | (15) refrain from having any contact, directly or | ||||||
4 | indirectly, with
certain specified persons or particular | ||||||
5 | types of persons, including but not
limited to members of | ||||||
6 | street gangs and drug users or dealers;
| ||||||
7 | (16) refrain from having in his or her body the | ||||||
8 | presence of any illicit
drug prohibited by the Cannabis | ||||||
9 | Control Act, the Illinois Controlled
Substances Act, or | ||||||
10 | the Methamphetamine Control and Community Protection Act, | ||||||
11 | unless prescribed by a physician, and submit samples of
| ||||||
12 | his or her blood or urine or both for tests to determine | ||||||
13 | the presence of any
illicit drug;
| ||||||
14 | (17) if convicted for an offense committed on or after | ||||||
15 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
16 | that would qualify the accused as a child sex offender as | ||||||
17 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
19 | communicating with or contacting, by means of the | ||||||
20 | Internet, a person who is related to the accused and whom | ||||||
21 | the accused reasonably believes to be under 18 years of | ||||||
22 | age; for purposes of this paragraph (17), "Internet" has | ||||||
23 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
24 | Criminal Code of 2012; and a person is related to the | ||||||
25 | accused if the person is: (i) the spouse, brother, or | ||||||
26 | sister of the accused; (ii) a descendant of the accused; |
| |||||||
| |||||||
1 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
2 | step-child or adopted child of the accused; | ||||||
3 | (18) if convicted for an offense committed on or after | ||||||
4 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
5 | that would qualify as a sex offense as defined in the Sex | ||||||
6 | Offender Registration Act: | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the offender's probation officer, | ||||||
10 | except in connection with the offender's employment or | ||||||
11 | search for employment with the prior approval of the | ||||||
12 | offender's probation officer; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's probation | ||||||
16 | officer, a law enforcement officer, or assigned | ||||||
17 | computer or information technology specialist, | ||||||
18 | including the retrieval and copying of all data from | ||||||
19 | the computer or device and any internal or external | ||||||
20 | peripherals and removal of such information, | ||||||
21 | equipment, or device to conduct a more thorough | ||||||
22 | inspection; | ||||||
23 | (iii) submit to the installation on the offender's | ||||||
24 | computer or device with Internet capability, at the | ||||||
25 | subject's expense, of one or more hardware or software | ||||||
26 | systems to monitor the Internet use; and |
| |||||||
| |||||||
1 | (iv) submit to any other appropriate restrictions | ||||||
2 | concerning the offender's use of or access to a | ||||||
3 | computer or any other device with Internet capability | ||||||
4 | imposed by the offender's probation officer; and | ||||||
5 | (19) refrain from possessing a firearm or other | ||||||
6 | dangerous weapon where the offense is a misdemeanor that | ||||||
7 | did not involve the intentional or knowing infliction of | ||||||
8 | bodily harm or threat of bodily harm. | ||||||
9 | (c) The court may as a condition of probation or of | ||||||
10 | conditional
discharge require that a person under 18 years of | ||||||
11 | age found guilty of any
alcohol, cannabis or controlled | ||||||
12 | substance violation, refrain from acquiring
a driver's license | ||||||
13 | during
the period of probation or conditional discharge. If | ||||||
14 | such person
is in possession of a permit or license, the court | ||||||
15 | may require that
the minor refrain from driving or operating | ||||||
16 | any motor vehicle during the
period of probation or | ||||||
17 | conditional discharge, except as may be necessary in
the | ||||||
18 | course of the minor's lawful employment.
| ||||||
19 | (d) An offender sentenced to probation or to conditional | ||||||
20 | discharge
shall be given a certificate setting forth the | ||||||
21 | conditions thereof.
| ||||||
22 | (e) Except where the offender has committed a fourth or | ||||||
23 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
24 | Illinois Vehicle Code,
the court shall not require as a | ||||||
25 | condition of the sentence of
probation or conditional | ||||||
26 | discharge that the offender be committed to a
period of |
| |||||||
| |||||||
1 | imprisonment in excess of 6 months.
This 6-month limit shall | ||||||
2 | not include periods of confinement given pursuant to
a | ||||||
3 | sentence of county impact incarceration under Section 5-8-1.2.
| ||||||
4 | Persons committed to imprisonment as a condition of | ||||||
5 | probation or
conditional discharge shall not be committed to | ||||||
6 | the Department of
Corrections.
| ||||||
7 | (f) The court may combine a sentence of periodic | ||||||
8 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
9 | incarceration program under
Article 8 with a sentence of | ||||||
10 | probation or conditional discharge.
| ||||||
11 | (g) An offender sentenced to probation or to conditional | ||||||
12 | discharge and
who during the term of either undergoes | ||||||
13 | mandatory drug or alcohol testing,
or both, or is assigned to | ||||||
14 | be placed on an approved electronic monitoring
device, shall | ||||||
15 | be ordered to pay all costs incidental to such mandatory drug
| ||||||
16 | or alcohol testing, or both, and all costs
incidental to such | ||||||
17 | approved electronic monitoring in accordance with the
| ||||||
18 | defendant's ability to pay those costs. The county board with
| ||||||
19 | the concurrence of the Chief Judge of the judicial
circuit in | ||||||
20 | which the county is located shall establish reasonable fees | ||||||
21 | for
the cost of maintenance, testing, and incidental expenses | ||||||
22 | related to the
mandatory drug or alcohol testing, or both, and | ||||||
23 | all costs incidental to
approved electronic monitoring, | ||||||
24 | involved in a successful probation program
for the county. The | ||||||
25 | concurrence of the Chief Judge shall be in the form of
an | ||||||
26 | administrative order.
The fees shall be collected by the clerk |
| |||||||
| |||||||
1 | of the circuit court, except as provided in an administrative | ||||||
2 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
3 | circuit court shall pay all moneys collected from these fees | ||||||
4 | to the county
treasurer who shall use the moneys collected to | ||||||
5 | defray the costs of
drug testing, alcohol testing, and | ||||||
6 | electronic monitoring.
The county treasurer shall deposit the | ||||||
7 | fees collected in the
county working cash fund under Section | ||||||
8 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
9 | may be.
The Chief Judge of the circuit court of the county may | ||||||
10 | by administrative order establish a program for electronic | ||||||
11 | monitoring of offenders, in which a vendor supplies and | ||||||
12 | monitors the operation of the electronic monitoring device, | ||||||
13 | and collects the fees on behalf of the county. The program | ||||||
14 | shall include provisions for indigent offenders and the | ||||||
15 | collection of unpaid fees. The program shall not unduly burden | ||||||
16 | the offender and shall be subject to review by the Chief Judge.
| ||||||
17 | The Chief Judge of the circuit court may suspend any | ||||||
18 | additional charges or fees for late payment, interest, or | ||||||
19 | damage to any device. | ||||||
20 | (h) Jurisdiction over an offender may be transferred from | ||||||
21 | the
sentencing court to the court of another circuit with the | ||||||
22 | concurrence of
both courts. Further transfers or retransfers | ||||||
23 | of
jurisdiction are also
authorized in the same manner. The | ||||||
24 | court to which jurisdiction has been
transferred shall have | ||||||
25 | the same powers as the sentencing court.
The probation | ||||||
26 | department within the circuit to which jurisdiction has been |
| |||||||
| |||||||
1 | transferred, or which has agreed to provide supervision, may | ||||||
2 | impose probation fees upon receiving the transferred offender, | ||||||
3 | as provided in subsection (i). For all transfer cases, as | ||||||
4 | defined in Section 9b of the Probation and Probation Officers | ||||||
5 | Act, the probation department from the original sentencing | ||||||
6 | court shall retain all probation fees collected prior to the | ||||||
7 | transfer. After the transfer,
all probation fees shall be paid | ||||||
8 | to the probation department within the
circuit to which | ||||||
9 | jurisdiction has been transferred.
| ||||||
10 | (i) The court shall impose upon an offender
sentenced to | ||||||
11 | probation after January 1, 1989 or to conditional discharge
| ||||||
12 | after January 1, 1992 or to community service under the | ||||||
13 | supervision of a
probation or court services department after | ||||||
14 | January 1, 2004, as a condition of such probation or | ||||||
15 | conditional
discharge or supervised community service, a fee | ||||||
16 | of $50
for each month of probation or
conditional
discharge | ||||||
17 | supervision or supervised community service ordered by the | ||||||
18 | court, unless after
determining the inability of the person | ||||||
19 | sentenced to probation or conditional
discharge or supervised | ||||||
20 | community service to pay the
fee, the court assesses a lesser | ||||||
21 | fee. The court may not impose the fee on a
minor who is placed | ||||||
22 | in the guardianship or custody of the Department of Children | ||||||
23 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
24 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
25 | an offender who is actively supervised by the
probation and | ||||||
26 | court services
department. The fee shall be collected by the |
| |||||||
| |||||||
1 | clerk
of the circuit court. The clerk of the circuit court | ||||||
2 | shall pay all monies
collected from this fee to the county | ||||||
3 | treasurer for deposit in the
probation and court services fund | ||||||
4 | under Section 15.1 of the
Probation and Probation Officers | ||||||
5 | Act.
| ||||||
6 | A circuit court may not impose a probation fee under this | ||||||
7 | subsection (i) in excess of $25
per month unless the circuit | ||||||
8 | court has adopted, by administrative
order issued by the chief | ||||||
9 | judge, a standard probation fee guide
determining an | ||||||
10 | offender's ability to pay . Of the
amount collected as a | ||||||
11 | probation fee, up to $5 of that fee
collected per month may be | ||||||
12 | used to provide services to crime victims
and their families. | ||||||
13 | The Court may only waive probation fees based on an | ||||||
14 | offender's ability to pay. The probation department may | ||||||
15 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
16 | with the approval of the Director of Court Services or the | ||||||
17 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
18 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
19 | offender that has been assigned to the supervision of a | ||||||
20 | probation department, or has been transferred either under | ||||||
21 | subsection (h) of this Section or under any interstate | ||||||
22 | compact, shall be required to pay probation fees to the | ||||||
23 | department supervising the offender, based on the offender's | ||||||
24 | ability to pay.
| ||||||
25 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
26 | under this subsection that was imposed by Public Act 93-616. |
| |||||||
| |||||||
1 | This deletion is intended to control over any other Act of the | ||||||
2 | 93rd General Assembly that retains or incorporates that fee | ||||||
3 | increase. | ||||||
4 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
5 | of this Section, in the case of an offender convicted of a | ||||||
6 | felony sex offense (as defined in the Sex Offender Management | ||||||
7 | Board Act) or an offense that the court or probation | ||||||
8 | department has determined to be sexually motivated (as defined | ||||||
9 | in the Sex Offender Management Board Act), the court or the | ||||||
10 | probation department shall assess additional fees to pay for | ||||||
11 | all costs of treatment, assessment, evaluation for risk and | ||||||
12 | treatment, and monitoring the offender, based on that | ||||||
13 | offender's ability to pay those costs either as they occur or | ||||||
14 | under a payment plan. | ||||||
15 | (j) All fines and costs imposed under this Section for any | ||||||
16 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
17 | Code, or a similar
provision of a local ordinance, and any | ||||||
18 | violation of the Child Passenger
Protection Act, or a similar | ||||||
19 | provision of a local ordinance, shall be
collected and | ||||||
20 | disbursed by the circuit clerk as provided under the Criminal | ||||||
21 | and Traffic Assessment Act.
| ||||||
22 | (k) Any offender who is sentenced to probation or | ||||||
23 | conditional discharge for a felony sex offense as defined in | ||||||
24 | the Sex Offender Management Board Act or any offense that the | ||||||
25 | court or probation department has determined to be sexually | ||||||
26 | motivated as defined in the Sex Offender Management Board Act |
| |||||||
| |||||||
1 | shall be required to refrain from any contact, directly or | ||||||
2 | indirectly, with any persons specified by the court and shall | ||||||
3 | be available for all evaluations and treatment programs | ||||||
4 | required by the court or the probation department.
| ||||||
5 | (l) The court may order an offender who is sentenced to | ||||||
6 | probation or conditional
discharge for a violation of an order | ||||||
7 | of protection be placed under electronic surveillance as | ||||||
8 | provided in Section 5-8A-7 of this Code. | ||||||
9 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
10 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
11 | 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
| ||||||
12 | Section 750. The Open Parole Hearings Act is amended by | ||||||
13 | changing Section 5 as follows:
| ||||||
14 | (730 ILCS 105/5) (from Ch. 38, par. 1655)
| ||||||
15 | Sec. 5. Definitions. As used in this Act:
| ||||||
16 | (a) "Applicant" means an inmate who is being considered | ||||||
17 | for parole by
the Prisoner Review Board.
| ||||||
18 | (a-1) "Aftercare releasee" means a person released from | ||||||
19 | the Department of Juvenile Justice on aftercare release | ||||||
20 | subject to aftercare revocation proceedings. | ||||||
21 | (b) "Board" means the Prisoner Review Board as established | ||||||
22 | in Section
3-3-1 of the Unified Code of Corrections.
| ||||||
23 | (c) "Parolee" means a person subject to parole revocation | ||||||
24 | proceedings.
|
| |||||||
| |||||||
1 | (d) "Parole hearing" means the formal hearing and | ||||||
2 | determination of an
inmate being considered for release from | ||||||
3 | incarceration on parole.
| ||||||
4 | (e) "Parole, aftercare release, or mandatory supervised | ||||||
5 | release revocation hearing" means
the formal hearing and | ||||||
6 | determination of allegations that a parolee, aftercare | ||||||
7 | releasee, or
mandatory supervised releasee has violated the | ||||||
8 | conditions of his or her
release.
| ||||||
9 | (f) "Victim" means a victim or witness of a violent crime | ||||||
10 | as defined in
subsection (a) of Section 3 of the Bill of Rights | ||||||
11 | of Crime for Victims and Witnesses
of Violent Crime Act, or any | ||||||
12 | person legally related to the victim by blood, marriage, | ||||||
13 | adoption, or guardianship, or any friend of the victim, or any | ||||||
14 | concerned citizen.
| ||||||
15 | (g) "Violent crime" means a crime defined in subsection | ||||||
16 | (c) of
Section 3 of the Bill of Rights of Crime for Victims and | ||||||
17 | Witnesses of Violent
Crime Act.
| ||||||
18 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; | ||||||
19 | revised 9-21-20.)
| ||||||
20 | Section 755. The Private Detention Facility Moratorium Act | ||||||
21 | is amended by changing Sections 10 and 20 as follows:
| ||||||
22 | (730 ILCS 141/10)
| ||||||
23 | Sec. 10. Definition Definitions . In this Act , : " detention | ||||||
24 | Detention facility" means any building, facility, or structure |
| |||||||
| |||||||
1 | used to detain individuals, not including State work release | ||||||
2 | centers or juvenile or adult residential treatment facilities.
| ||||||
3 | (Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
| ||||||
4 | (730 ILCS 141/20)
| ||||||
5 | Sec. 20. Exemptions. This Act does not prohibit the State, | ||||||
6 | a unit of local government, or any sheriff that owns, manages, | ||||||
7 | or operates a detention facility from contracting with a | ||||||
8 | private entity or person to provide ancillary services in that | ||||||
9 | facility, such as , medical services, food service, educational | ||||||
10 | services, or facility repair and maintenance.
| ||||||
11 | (Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
| ||||||
12 | Section 760. The Illinois Crime Reduction Act of 2009 is | ||||||
13 | amended by changing Section 10 as follows:
| ||||||
14 | (730 ILCS 190/10) | ||||||
15 | Sec. 10. Evidence-based programming.
| ||||||
16 | (a) Purpose. Research and practice have identified new | ||||||
17 | strategies and policies that can result in a significant | ||||||
18 | reduction in recidivism rates and the successful local | ||||||
19 | reintegration of offenders. The purpose of this Section is to | ||||||
20 | ensure that State and local agencies direct their resources to | ||||||
21 | services and programming that have been demonstrated to be | ||||||
22 | effective in reducing recidivism and reintegrating offenders | ||||||
23 | into the locality. |
| |||||||
| |||||||
1 | (b) Evidence-based programming in local supervision. | ||||||
2 | (1) The Parole Division of the Department of | ||||||
3 | Corrections and the Prisoner Review Board shall adopt | ||||||
4 | policies, rules, and regulations that, within the first | ||||||
5 | year of the adoption, validation, and utilization of the | ||||||
6 | statewide, standardized risk assessment tool described in | ||||||
7 | this Act, result in at least 25% of supervised individuals | ||||||
8 | being supervised in accordance with evidence-based | ||||||
9 | practices; within 3 years of the adoption, validation, and | ||||||
10 | utilization of the statewide, standardized risk assessment | ||||||
11 | tool result in at least 50% of supervised individuals | ||||||
12 | being supervised in accordance with evidence-based | ||||||
13 | practices; and within 5 years of the adoption, validation, | ||||||
14 | and utilization of the statewide, standardized risk | ||||||
15 | assessment tool result in at least 75% of supervised | ||||||
16 | individuals being supervised in accordance with | ||||||
17 | evidence-based practices. The policies, rules, and | ||||||
18 | regulations shall: | ||||||
19 | (A) Provide for a standardized individual case | ||||||
20 | plan that follows the offender through the criminal | ||||||
21 | justice system (including in-prison if the supervised | ||||||
22 | individual is in prison) that is:
| ||||||
23 | (i) Based on the assets of the individual as | ||||||
24 | well as his or her risks and needs identified | ||||||
25 | through the assessment tool as described in this | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (ii) Comprised of treatment and supervision | ||||||
2 | services appropriate to achieve the purpose of | ||||||
3 | this Act. | ||||||
4 | (iii) Consistently updated, based on program | ||||||
5 | participation by the supervised individual and | ||||||
6 | other behavior modification exhibited by the | ||||||
7 | supervised individual. | ||||||
8 | (B) Concentrate resources and services on | ||||||
9 | high-risk offenders. | ||||||
10 | (C) Provide for the use of evidence-based | ||||||
11 | programming related to education, job training, | ||||||
12 | cognitive behavioral therapy, and other programming | ||||||
13 | designed to reduce criminal behavior. | ||||||
14 | (D) Establish a system of graduated responses. | ||||||
15 | (i) The system shall set forth a menu of | ||||||
16 | presumptive responses for the most common types of | ||||||
17 | supervision violations.
| ||||||
18 | (ii) The system shall be guided by the model | ||||||
19 | list of intermediate sanctions created by the | ||||||
20 | Probation Services Division of the State of | ||||||
21 | Illinois pursuant to subsection (1) of Section 15 | ||||||
22 | of the Probation and Probation Officers Act and | ||||||
23 | the system of intermediate sanctions created by | ||||||
24 | the Chief Judge of each circuit court pursuant to | ||||||
25 | Section 5-6-1 of the Unified Code of Corrections. | ||||||
26 | (iii) The system of responses shall take into |
| |||||||
| |||||||
1 | account factors such as the severity of the | ||||||
2 | current violation; the supervised individual's | ||||||
3 | risk level as determined by a validated assessment | ||||||
4 | tool described in this Act; the supervised | ||||||
5 | individual's assets; his or her previous criminal | ||||||
6 | record; and the number and severity of any | ||||||
7 | previous supervision violations. | ||||||
8 | (iv) The system shall also define positive | ||||||
9 | reinforcements that supervised individuals may | ||||||
10 | receive for compliance with conditions of | ||||||
11 | supervision. | ||||||
12 | (v) Response to violations should be swift and | ||||||
13 | certain and should be imposed as soon as | ||||||
14 | practicable but no longer than 3 working days of | ||||||
15 | detection of the violation behavior. | ||||||
16 | (2) Conditions of local supervision (probation and | ||||||
17 | mandatory supervised release). Conditions of local | ||||||
18 | supervision whether imposed by a sentencing judge or the | ||||||
19 | Prisoner Review Board shall be imposed in accordance with | ||||||
20 | the offender's risks, assets, and needs as identified | ||||||
21 | through the assessment tool described in this Act. | ||||||
22 | (3) The Department of Corrections and the Prisoner | ||||||
23 | Review Board shall annually publish an exemplar copy of | ||||||
24 | any evidence-based assessments, questionnaires, or other | ||||||
25 | instruments used to set conditions of release. | ||||||
26 | (c) Evidence-based in-prison programming. |
| |||||||
| |||||||
1 | (1) The Department of Corrections shall adopt | ||||||
2 | policies, rules, and regulations that, within the first | ||||||
3 | year of the adoption, validation, and utilization of the | ||||||
4 | statewide, standardized risk assessment tool described in | ||||||
5 | this Act, result in at least 25% of incarcerated | ||||||
6 | individuals receiving services and programming in | ||||||
7 | accordance with evidence-based practices; within 3 years | ||||||
8 | of the adoption, validation, and utilization of the | ||||||
9 | statewide, standardized risk assessment tool result in at | ||||||
10 | least 50% of incarcerated individuals receiving services | ||||||
11 | and programming in accordance with evidence-based | ||||||
12 | practices; and within 5 years of the adoption, validation, | ||||||
13 | and utilization of the statewide, standardized risk | ||||||
14 | assessment tool result in at least 75% of incarcerated | ||||||
15 | individuals receiving services and programming in | ||||||
16 | accordance with evidence-based practices. The policies, | ||||||
17 | rules, and regulations shall: | ||||||
18 | (A) Provide for the use and development of a case | ||||||
19 | plan based on the risks, assets, and needs identified | ||||||
20 | through the assessment tool as described in this Act. | ||||||
21 | The case plan should be used to determine in-prison | ||||||
22 | programming; should be continuously updated based on | ||||||
23 | program participation by the prisoner and other | ||||||
24 | behavior modification exhibited by the prisoner; and | ||||||
25 | should be used when creating the case plan described | ||||||
26 | in subsection (b).
|
| |||||||
| |||||||
1 | (B) Provide for the use of evidence-based | ||||||
2 | programming related to education, job training, | ||||||
3 | cognitive behavioral therapy and other evidence-based | ||||||
4 | programming. | ||||||
5 | (C) Establish education programs based on a | ||||||
6 | teacher to student ratio of no more than 1:30. | ||||||
7 | (D) Expand the use of drug prisons, modeled after | ||||||
8 | the Sheridan Correctional Center, to provide | ||||||
9 | sufficient drug treatment and other support services | ||||||
10 | to non-violent inmates with a history of substance | ||||||
11 | abuse. | ||||||
12 | (2) Participation and completion of programming by | ||||||
13 | prisoners can impact earned time credit as determined | ||||||
14 | under Section 3-6-3 of the Unified Code of Corrections. | ||||||
15 | (3) The Department of Corrections shall provide its | ||||||
16 | employees with intensive and ongoing training and | ||||||
17 | professional development services to support the | ||||||
18 | implementation of evidence-based practices. The training | ||||||
19 | and professional development services shall include | ||||||
20 | assessment techniques, case planning, cognitive behavioral | ||||||
21 | training, risk reduction and intervention strategies, | ||||||
22 | effective communication skills, substance abuse treatment | ||||||
23 | education and other topics identified by the Department or | ||||||
24 | its employees. | ||||||
25 | (d) The Parole Division of the Department of Corrections | ||||||
26 | and the Prisoner Review Board shall provide their employees |
| |||||||
| |||||||
1 | with intensive and ongoing training and professional | ||||||
2 | development services to support the implementation of | ||||||
3 | evidence-based practices. The training and professional | ||||||
4 | development services shall include assessment techniques, case | ||||||
5 | planning, cognitive behavioral training, risk reduction and | ||||||
6 | intervention strategies, effective communication skills, | ||||||
7 | substance abuse treatment education, and other topics | ||||||
8 | identified by the agencies or their employees.
| ||||||
9 | (e) The Department of Corrections, the Prisoner Review | ||||||
10 | Board, and other correctional entities referenced in the | ||||||
11 | policies, rules, and regulations of this Act shall design, | ||||||
12 | implement, and make public a system to evaluate the | ||||||
13 | effectiveness of evidence-based practices in increasing public | ||||||
14 | safety and in successful reintegration of those under | ||||||
15 | supervision into the locality. Annually, each agency shall | ||||||
16 | submit to the Sentencing Policy Advisory Council a | ||||||
17 | comprehensive report on the success of implementing | ||||||
18 | evidence-based practices. The data compiled and analyzed by | ||||||
19 | the Council shall be delivered annually to the Governor and | ||||||
20 | the General Assembly.
| ||||||
21 | (f) The Department of Corrections and the Prisoner Review | ||||||
22 | Board shall release a report annually published on their | ||||||
23 | websites that reports the following information about the | ||||||
24 | usage of electronic monitoring and GPS monitoring as a | ||||||
25 | condition of parole and mandatory supervised release during | ||||||
26 | the prior calendar year: |
| |||||||
| |||||||
1 | (1) demographic data of individuals on electronic | ||||||
2 | monitoring and GPS monitoring, separated by the following | ||||||
3 | categories: | ||||||
4 | (A) race or ethnicity; | ||||||
5 | (B) gender; and | ||||||
6 | (C) age; | ||||||
7 | (2) incarceration data of individuals subject to | ||||||
8 | conditions of electronic or GPS monitoring, separated by | ||||||
9 | the following categories: | ||||||
10 | (A) highest class of offense for which the | ||||||
11 | individuals are is currently serving a term of | ||||||
12 | release; and | ||||||
13 | (B) length of imprisonment served prior to the | ||||||
14 | current release period; | ||||||
15 | (3) the number of individuals subject to conditions of | ||||||
16 | electronic or GPS monitoring, separated by the following | ||||||
17 | categories: | ||||||
18 | (A) the number of individuals subject to | ||||||
19 | monitoring under Section 5-8A-6 of the Unified Code of | ||||||
20 | Corrections; | ||||||
21 | (B) the number of individuals subject monitoring | ||||||
22 | under Section 5-8A-7 of the Unified Code of | ||||||
23 | Corrections; | ||||||
24 | (C) the number of individuals subject to | ||||||
25 | monitoring under a discretionary order of the Prisoner | ||||||
26 | Review Board at the time of their release; and |
| |||||||
| |||||||
1 | (D) the number of individuals subject to | ||||||
2 | monitoring as a sanction for violations of parole or | ||||||
3 | mandatory supervised release, separated by the | ||||||
4 | following categories: | ||||||
5 | (i) the number of individuals subject to | ||||||
6 | monitoring as part of a graduated sanctions | ||||||
7 | program; and | ||||||
8 | (ii) the number of individuals subject to | ||||||
9 | monitoring as a new condition of re-release after | ||||||
10 | a revocation hearing before the Prisoner Review | ||||||
11 | Board; | ||||||
12 | (4) the number of discretionary monitoring orders | ||||||
13 | issued by the Prisoner Review Board, separated by the | ||||||
14 | following categories: | ||||||
15 | (A) less than 30 days; | ||||||
16 | (B) 31 to 60 days; | ||||||
17 | (C) 61 to 90 days; | ||||||
18 | (D) 91 to 120 days; | ||||||
19 | (E) 121 to 150 days; | ||||||
20 | (F) 151 to 180 days; | ||||||
21 | (G) 181 to 364 days; | ||||||
22 | (H) 365 days or more; and | ||||||
23 | (I) duration of release term; | ||||||
24 | (5) the number of discretionary monitoring orders by | ||||||
25 | the Board which removed or terminated monitoring prior to | ||||||
26 | the completion of the original period ordered; |
| |||||||
| |||||||
1 | (6) the number and severity category for sanctions | ||||||
2 | imposed on individuals on electronic or GPS monitoring, | ||||||
3 | separated by the following categories: | ||||||
4 | (A) absconding from electronic monitoring or GPS; | ||||||
5 | (B) tampering or removing the electronic | ||||||
6 | monitoring or GPS device; | ||||||
7 | (C) unauthorized leaving of the residence; | ||||||
8 | (D) presence of the individual in a prohibited | ||||||
9 | area; or | ||||||
10 | (E) other violations of the terms of the | ||||||
11 | electronic monitoring program; | ||||||
12 | (7) the number of individuals for whom a parole | ||||||
13 | revocation case was filed for failure to comply with the | ||||||
14 | terms of electronic or GPS monitoring, separated by the | ||||||
15 | following categories: | ||||||
16 | (A) cases when failure to comply with the terms of | ||||||
17 | monitoring was the sole violation alleged; and | ||||||
18 | (B) cases when failure to comply with the terms of | ||||||
19 | monitoring was alleged in conjunction with other | ||||||
20 | alleged violations; | ||||||
21 | (8) residential data for individuals subject to | ||||||
22 | electronic or GPS monitoring, separated by the following | ||||||
23 | categories: | ||||||
24 | (A) the county of the residence address for | ||||||
25 | individuals subject to electronic or GPS monitoring as | ||||||
26 | a condition of their release; and |
| |||||||
| |||||||
1 | (B) for counties with a population over 3,000,000, | ||||||
2 | the zip codes of the residence address for individuals | ||||||
3 | subject to electronic or GPS monitoring as a condition | ||||||
4 | of their release; | ||||||
5 | (9) the number of individuals for whom parole | ||||||
6 | revocation cases were filed due to violations of paragraph | ||||||
7 | (1) of subsection (a) of Section 3-3-7 of the Unified Code | ||||||
8 | of Corrections, separated by the following categories: | ||||||
9 | (A) the number of individuals whose violation of | ||||||
10 | paragraph (1) of subsection (a) of Section 3-3-7 of | ||||||
11 | the Unified Code of Corrections allegedly occurred | ||||||
12 | while the individual was subject to conditions of | ||||||
13 | electronic or GPS monitoring; | ||||||
14 | (B) the number of individuals who had violations | ||||||
15 | of paragraph (1) of subsection (a) of Section 3-3-7 of | ||||||
16 | the Unified Code of Corrections alleged against them | ||||||
17 | who were never subject to electronic or GPS monitoring | ||||||
18 | during their current term of release; and | ||||||
19 | (C) the number of individuals who had violations | ||||||
20 | of paragraph (1) of subsection (a) of Section 3-3-7 of | ||||||
21 | the Unified Code of Corrections alleged against them | ||||||
22 | who were subject to electronic or GPS monitoring for | ||||||
23 | any period of time during their current term of their | ||||||
24 | release, but who were not subject to such monitoring | ||||||
25 | at the time of the alleged violation of paragraph (1) | ||||||
26 | of subsection (a) of Section 3-3-7 of the Unified Code |
| |||||||
| |||||||
1 | of Corrections. | ||||||
2 | (Source: P.A. 101-231, eff. 1-1-20; revised 9-12-19.)
| ||||||
3 | Section 765. The Re-Entering Citizens Civics Education Act | ||||||
4 | is amended by changing Section 5 as follows:
| ||||||
5 | (730 ILCS 200/5)
| ||||||
6 | Sec. 5. Definitions. In this Act: | ||||||
7 | "Committed person" means a person committed to the | ||||||
8 | Department. | ||||||
9 | "Commitment" means a judicially determined placement in | ||||||
10 | the custody of the Department of Corrections or the Department | ||||||
11 | of Juvenile Justice on the basis of conviction or delinquency. | ||||||
12 | "Correctional institution or facility" means a Department | ||||||
13 | of Corrections or Department of Juvenile Justice building or | ||||||
14 | part of a Department of Corrections or Department of Juvenile | ||||||
15 | Justice building where committed persons are detained in a | ||||||
16 | secure manner.
| ||||||
17 | "Department" includes the Department of Corrections and | ||||||
18 | the Department of Juvenile Justice, unless the text solely | ||||||
19 | specifies a particular Department. | ||||||
20 | "Detainee" means a committed person in the physical | ||||||
21 | custody of the Department of Corrections or the Department of | ||||||
22 | Juvenile Justice. | ||||||
23 | "Director" includes the Directors Director of the | ||||||
24 | Department of Corrections and the Department of Juvenile |
| |||||||
| |||||||
1 | Justice unless the text solely specifies a particular | ||||||
2 | Director. | ||||||
3 | "Discharge" means the end of a sentence or the final | ||||||
4 | termination of a detainee's physical commitment to and | ||||||
5 | confinement in the Department of Corrections or Department of | ||||||
6 | Juvenile Justice. | ||||||
7 | "Peer educator" means an incarcerated citizen who is | ||||||
8 | specifically trained in voting rights education, who shall | ||||||
9 | conduct voting and civics education workshops for detainees | ||||||
10 | scheduled for discharge within 12 months. | ||||||
11 | "Program" means the nonpartisan peer education and | ||||||
12 | information instruction established by this Act. | ||||||
13 | "Re-entering citizen" means any United States citizen who | ||||||
14 | is: 17 years of age or older; in the physical custody of the | ||||||
15 | Department of Corrections or Department of Juvenile Justice; | ||||||
16 | and scheduled to be re-entering society within 12 months.
| ||||||
17 | (Source: P.A. 101-441, eff. 1-1-20; revised 8-19-20.)
| ||||||
18 | Section 770. The Code of Civil Procedure is amended by | ||||||
19 | changing Sections 2-206, 2-1401, 5-105, 8-301, and 20-104 and | ||||||
20 | the heading of Article VIII Part 3 as follows:
| ||||||
21 | (735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
| ||||||
22 | Sec. 2-206. Service by publication; affidavit; mailing;
| ||||||
23 | certificate. | ||||||
24 | (a) Whenever, in any action affecting property or status |
| |||||||
| |||||||
1 | within the
jurisdiction of the court, including an action to | ||||||
2 | obtain the specific
performance, reformation, or rescission of | ||||||
3 | a contract for the conveyance
of land, except for an action | ||||||
4 | brought under Part 15 of Article XV of this Code that is are | ||||||
5 | subject to subsection (a-5), the plaintiff or his or her
| ||||||
6 | attorney shall file, at the office of the clerk of the court in | ||||||
7 | which
the action is pending, an affidavit showing that the | ||||||
8 | defendant resides
or has gone out of this State, or on due | ||||||
9 | inquiry cannot be found, or is
concealed within this State, so | ||||||
10 | that process cannot be served upon him or her,
and stating the | ||||||
11 | place of residence of the defendant, if known, or that
upon | ||||||
12 | diligent inquiry his or her place of residence cannot be | ||||||
13 | ascertained, the
clerk shall cause publication to be made in | ||||||
14 | some newspaper published in
the county in which the action is | ||||||
15 | pending. If there is no newspaper
published in that county, | ||||||
16 | then the publication shall be in a newspaper
published in an | ||||||
17 | adjoining county in this State, having a circulation in
the | ||||||
18 | county in which action is pending. The publication shall | ||||||
19 | contain
notice of the pendency of the action, the title of the | ||||||
20 | court, the title
of the case, showing the names of the first | ||||||
21 | named plaintiff and the
first named defendant, the number of | ||||||
22 | the case, the names of the parties
to be served by publication, | ||||||
23 | and the date on or after which default may
be entered against | ||||||
24 | such party. The clerk shall also, within 10 days of the
first | ||||||
25 | publication of the notice, send a copy thereof by mail, | ||||||
26 | addressed
to each defendant whose place of residence is stated |
| |||||||
| |||||||
1 | in such affidavit.
The certificate of the clerk that he or she | ||||||
2 | has sent the copy in pursuance of
this Section is evidence that | ||||||
3 | he or she has done so.
| ||||||
4 | (a-5) If, in any action brought under Part 15 of Article XV | ||||||
5 | of this Code, the plaintiff, or his or her attorney, shall | ||||||
6 | file, at the office of the clerk of the court in which the | ||||||
7 | action is pending, an affidavit showing that the defendant | ||||||
8 | resides outside of or has left this State, or on due inquiry | ||||||
9 | cannot be found, or is concealed within this State so that | ||||||
10 | process cannot be served upon him or her, and stating the place | ||||||
11 | of residence of the defendant, if known, or that upon diligent | ||||||
12 | inquiry his or her place of residence cannot be ascertained, | ||||||
13 | the plaintiff, or his or her representative, shall cause | ||||||
14 | publication to be made in some newspaper published in the | ||||||
15 | county in which the action is pending. If there is no newspaper | ||||||
16 | published in that county, then the publication shall be in a | ||||||
17 | newspaper published in an adjoining county in this State, | ||||||
18 | having a circulation in the county in which action is pending. | ||||||
19 | The publication shall contain notice of the pendency of the | ||||||
20 | action, the title of the court, the title of the case, showing | ||||||
21 | the names of the first named plaintiff and the first named | ||||||
22 | defendant, the number of the case, the names of the parties to | ||||||
23 | be served by publication, and the date on or after which | ||||||
24 | default may be entered against such party. It shall be the | ||||||
25 | non-delegable duty of the clerk of the court, within 10 days of | ||||||
26 | the first publication of the notice, to send a copy thereof by |
| |||||||
| |||||||
1 | mail, addressed to each defendant whose place of residence is | ||||||
2 | stated in such affidavit. The certificate of the clerk of the | ||||||
3 | court that he or she has sent the copy in pursuance of this | ||||||
4 | Section is evidence that he or she has done so. | ||||||
5 | (b) In any action brought by a unit of local government to | ||||||
6 | cause the
demolition, repair, or enclosure of a dangerous and | ||||||
7 | unsafe or uncompleted
or abandoned building, notice by | ||||||
8 | publication under this Section may be
commenced during the | ||||||
9 | time during which attempts are made to locate the
defendant | ||||||
10 | for personal service. In that case, the unit of local | ||||||
11 | government
shall file with the clerk an affidavit stating that | ||||||
12 | the action meets the
requirements of this subsection and that | ||||||
13 | all required attempts are being
made to locate the defendant. | ||||||
14 | Upon the filing of the affidavit, the clerk
shall cause | ||||||
15 | publication to be made under this Section. Upon completing the
| ||||||
16 | attempts to locate the defendant required by this Section, the | ||||||
17 | municipality
shall file with the clerk an affidavit meeting | ||||||
18 | the requirements of
subsection (a). Service under this | ||||||
19 | subsection shall not be deemed to have
been made until the | ||||||
20 | affidavit is filed and service by publication in the
manner | ||||||
21 | prescribed in subsection (a) is completed.
| ||||||
22 | (Source: P.A. 101-539, eff. 1-1-20; revised 8-19-20.)
| ||||||
23 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
24 | Sec. 2-1401. Relief from judgments.
| ||||||
25 | (a) Relief from final orders and judgments, after 30 days |
| |||||||
| |||||||
1 | from the
entry thereof, may be had upon petition as provided in | ||||||
2 | this Section.
Writs of error coram nobis and coram vobis, | ||||||
3 | bills of review and bills
in the nature of bills of review are | ||||||
4 | abolished. All relief heretofore
obtainable and the grounds | ||||||
5 | for such relief heretofore available,
whether by any of the | ||||||
6 | foregoing remedies or otherwise, shall be
available in every | ||||||
7 | case, by proceedings hereunder, regardless of the
nature of | ||||||
8 | the order or judgment from which relief is sought or of the
| ||||||
9 | proceedings in which it was entered. Except as provided in the | ||||||
10 | Illinois Parentage Act of 2015, there shall be no distinction
| ||||||
11 | between actions and other proceedings, statutory or otherwise, | ||||||
12 | as to
availability of relief, grounds for relief or the relief | ||||||
13 | obtainable.
| ||||||
14 | (b) The petition must be filed in the same proceeding in | ||||||
15 | which the
order or judgment was entered but is not a | ||||||
16 | continuation thereof. The
petition must be supported by | ||||||
17 | affidavit or other appropriate showing as
to matters not of | ||||||
18 | record. A petition to reopen a foreclosure proceeding must | ||||||
19 | include as parties to the petition, but is not limited to, all | ||||||
20 | parties in the original action in addition to the current | ||||||
21 | record title holders of the property, current occupants, and | ||||||
22 | any individual or entity that had a recorded interest in the | ||||||
23 | property before the filing of the petition. All parties to the | ||||||
24 | petition shall be notified
as provided by rule.
| ||||||
25 | (b-5) A movant may present a meritorious claim under this | ||||||
26 | Section if the allegations in the petition establish each of |
| |||||||
| |||||||
1 | the following by a preponderance of the evidence: | ||||||
2 | (1) the movant was convicted of a forcible felony; | ||||||
3 | (2) the movant's participation in the offense was | ||||||
4 | related to him or her previously having been a victim of | ||||||
5 | domestic violence as perpetrated by an intimate partner; | ||||||
6 | (3) no evidence of domestic violence against the | ||||||
7 | movant was presented at the movant's sentencing hearing; | ||||||
8 | (4) the movant was unaware of the mitigating nature of | ||||||
9 | the evidence of the domestic violence at the time of | ||||||
10 | sentencing and could not have learned of its significance | ||||||
11 | sooner through diligence; and | ||||||
12 | (5) the new evidence of domestic violence against the | ||||||
13 | movant is material and noncumulative to other evidence | ||||||
14 | offered at the sentencing hearing, and is of such a | ||||||
15 | conclusive character that it would likely change the | ||||||
16 | sentence imposed by the original trial court. | ||||||
17 | Nothing in this subsection (b-5) shall prevent a movant | ||||||
18 | from applying for any other relief under this Section or any | ||||||
19 | other law otherwise available to him or her. | ||||||
20 | As used in this subsection (b-5): | ||||||
21 | "Domestic violence" means abuse as defined in Section | ||||||
22 | 103
of the Illinois Domestic Violence Act of 1986. | ||||||
23 | "Forcible felony" has the meaning ascribed to the term | ||||||
24 | in
Section 2-8 of the Criminal Code of 2012. | ||||||
25 | "Intimate partner" means a spouse or former spouse, | ||||||
26 | persons
who have or allegedly have had a child in common, |
| |||||||
| |||||||
1 | or persons who
have or have had a dating or engagement | ||||||
2 | relationship. | ||||||
3 | (b-10) A movant may present a meritorious claim under this | ||||||
4 | Section if the allegations in the petition establish each of | ||||||
5 | the following by a preponderance of the evidence: | ||||||
6 | (A) she was convicted of a forcible felony; | ||||||
7 | (B) her participation in the offense was a direct | ||||||
8 | result of her suffering from post-partum depression or | ||||||
9 | post-partum psychosis; | ||||||
10 | (C) no evidence of post-partum depression or | ||||||
11 | post-partum psychosis was presented by a qualified medical | ||||||
12 | person at trial or sentencing, or both; | ||||||
13 | (D) she was unaware of the mitigating nature of the | ||||||
14 | evidence or, if aware, was at the time unable to present | ||||||
15 | this defense due to suffering from post-partum depression | ||||||
16 | or post-partum psychosis, or, at the time of trial or | ||||||
17 | sentencing, neither was a recognized mental illness and as | ||||||
18 | such, she was unable to receive proper treatment;
and | ||||||
19 | (E) evidence of post-partum depression or post-partum | ||||||
20 | psychosis as suffered by the person is material and | ||||||
21 | noncumulative to other evidence offered at the time of | ||||||
22 | trial or sentencing, and it is of such a conclusive | ||||||
23 | character that it would likely change the sentence imposed | ||||||
24 | by the original court. | ||||||
25 | Nothing in this subsection (b-10) prevents a person from | ||||||
26 | applying for any other relief under this Article or any other |
| |||||||
| |||||||
1 | law otherwise available to her. | ||||||
2 | As used in this subsection (b-10): | ||||||
3 | "Post-partum depression" means a mood disorder which | ||||||
4 | strikes many women during and after pregnancy and usually | ||||||
5 | occurs during pregnancy and up to 12 months after | ||||||
6 | delivery. This depression can include anxiety disorders. | ||||||
7 | "Post-partum psychosis" means an extreme form of | ||||||
8 | post-partum depression which can occur during pregnancy | ||||||
9 | and up to 12 months after delivery. This can include | ||||||
10 | losing touch with reality, distorted thinking, delusions, | ||||||
11 | auditory and visual hallucinations, paranoia, | ||||||
12 | hyperactivity and rapid speech, or mania. | ||||||
13 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
14 | and Section
2-32 of the Juvenile Court Act of 1987 or in a | ||||||
15 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
16 | Procedure of 1963 or subsection (b-10) of this Section, or in a | ||||||
17 | motion to vacate and expunge convictions under the Cannabis | ||||||
18 | Control Act as provided by subsection (i) of Section 5.2 of the | ||||||
19 | Criminal Identification Act, the petition
must be filed not | ||||||
20 | later than 2 years after the entry of the order or judgment.
| ||||||
21 | Time during which the person seeking relief is under legal | ||||||
22 | disability or
duress or the ground for relief is fraudulently | ||||||
23 | concealed shall be excluded
in computing the period of 2 | ||||||
24 | years.
| ||||||
25 | (d) The filing of a petition under this Section does not | ||||||
26 | affect the
order or judgment, or suspend its operation.
|
| |||||||
| |||||||
1 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
2 | the
record proper, the vacation or modification of an order or | ||||||
3 | judgment
pursuant to the provisions of this Section does not | ||||||
4 | affect the right,
title or interest in or to any real or | ||||||
5 | personal property of any person,
not a party to the original | ||||||
6 | action, acquired for value after the entry
of the order or | ||||||
7 | judgment but before the filing of the petition, nor
affect any | ||||||
8 | right of any person not a party to the original action under
| ||||||
9 | any certificate of sale issued before the filing of the | ||||||
10 | petition,
pursuant to a sale based on the order or judgment. | ||||||
11 | When a petition is filed pursuant to this Section to reopen a | ||||||
12 | foreclosure proceeding, notwithstanding the provisions of | ||||||
13 | Section 15-1701 of this Code, the purchaser or successor | ||||||
14 | purchaser of real property subject to a foreclosure sale who | ||||||
15 | was not a party to the mortgage foreclosure proceedings is | ||||||
16 | entitled to remain in possession of the property until the | ||||||
17 | foreclosure action is defeated or the previously foreclosed | ||||||
18 | defendant redeems from the foreclosure sale if the purchaser | ||||||
19 | has been in possession of the property for more than 6 months.
| ||||||
20 | (f) Nothing contained in this Section affects any existing | ||||||
21 | right to
relief from a void order or judgment, or to employ any | ||||||
22 | existing method
to procure that relief.
| ||||||
23 | (Source: P.A. 100-1048, eff. 8-23-18; 101-27, eff. 6-25-19; | ||||||
24 | 101-411, eff. 8-16-19; revised 9-17-19.)
| ||||||
25 | (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
|
| |||||||
| |||||||
1 | Sec. 5-105. Waiver of court fees, costs, and charges.
| ||||||
2 | (a) As used in this Section:
| ||||||
3 | (1) "Fees, costs, and charges" means payments imposed | ||||||
4 | on a party in
connection with the prosecution or defense | ||||||
5 | of a civil action, including, but
not limited to: fees set | ||||||
6 | forth in Section 27.1b of the Clerks of Courts Act; fees | ||||||
7 | for service of process and
other papers served either | ||||||
8 | within or outside this State, including service by
| ||||||
9 | publication pursuant to Section 2-206 of this Code and | ||||||
10 | publication of necessary
legal notices; motion fees; | ||||||
11 | charges for participation in, or
attendance at, any | ||||||
12 | mandatory process or procedure including, but not limited
| ||||||
13 | to, conciliation, mediation, arbitration, counseling, | ||||||
14 | evaluation, "Children
First", "Focus on Children" or | ||||||
15 | similar programs; fees for supplementary
proceedings; | ||||||
16 | charges for translation services; guardian ad litem fees;
| ||||||
17 | and all other processes and
procedures deemed by the court | ||||||
18 | to be necessary to commence, prosecute, defend,
or enforce | ||||||
19 | relief in a
civil action.
| ||||||
20 | (2) "Indigent person" means any person who meets one | ||||||
21 | or more of the
following criteria:
| ||||||
22 | (i) He or she is receiving assistance under one or | ||||||
23 | more of the
following means-based
governmental public | ||||||
24 | benefits programs: Supplemental Security Income (SSI), | ||||||
25 | Aid to the Aged,
Blind and Disabled (AABD), Temporary | ||||||
26 | Assistance for Needy Families (TANF), Supplemental |
| |||||||
| |||||||
1 | Nutrition Assistance Program (SNAP), General | ||||||
2 | Assistance, Transitional Assistance, or State Children
| ||||||
3 | and Family Assistance.
| ||||||
4 | (ii) His or her available personal income is 125% | ||||||
5 | or less of the current
poverty
level, unless the | ||||||
6 | applicant's assets that are not exempt under Part 9 or | ||||||
7 | 10
of Article XII of this Code are of a nature and | ||||||
8 | value that the court determines
that the applicant is | ||||||
9 | able to pay the fees, costs, and charges.
| ||||||
10 | (iii) He or she is, in the discretion of the court, | ||||||
11 | unable to proceed
in
an action without payment of | ||||||
12 | fees, costs, and charges and whose payment of
those
| ||||||
13 | fees, costs, and charges would result in substantial | ||||||
14 | hardship to the person or
his or her family.
| ||||||
15 | (iv) He or she is an indigent person pursuant to | ||||||
16 | Section 5-105.5 of this
Code.
| ||||||
17 | (3) "Poverty level" means the current poverty level as | ||||||
18 | established by the United States Department of Health and | ||||||
19 | Human Services. | ||||||
20 | (b) On the application of any person, before or after the | ||||||
21 | commencement of
an action: | ||||||
22 | (1) If the court finds that the applicant is an | ||||||
23 | indigent person, the court shall
grant the applicant a | ||||||
24 | full fees, costs, and charges waiver entitling him or her | ||||||
25 | to sue or defend the action without payment of any of the
| ||||||
26 | fees, costs, and charges. |
| |||||||
| |||||||
1 | (2) If the court finds that the applicant satisfies | ||||||
2 | any of the criteria contained in items (i), (ii), or (iii) | ||||||
3 | of this subdivision (b)(2), the court shall grant the | ||||||
4 | applicant a partial fees, costs, and charges waiver | ||||||
5 | entitling him or her to sue or defend the action upon | ||||||
6 | payment of the applicable percentage of the assessments, | ||||||
7 | costs, and charges of the action, as follows: | ||||||
8 | (i) the court shall waive 75% of all fees, costs, | ||||||
9 | and charges if the available income of the applicant | ||||||
10 | is greater than 125% but does not exceed 150% of the | ||||||
11 | poverty level, unless the assets of the applicant that | ||||||
12 | are not exempt under Part 9 or 10 of Article XII of | ||||||
13 | this Code are such that the applicant is able, without | ||||||
14 | undue hardship, to pay a greater portion of the fees, | ||||||
15 | costs, and charges; | ||||||
16 | (ii) the court shall waive 50% of all fees, costs, | ||||||
17 | and charges if the available income is greater than | ||||||
18 | 150% but does not exceed 175% of the poverty level, | ||||||
19 | unless the assets of the applicant that are not exempt | ||||||
20 | under Part 9 or 10 of Article XII of this Code are such | ||||||
21 | that the applicant is able, without undue hardship, to | ||||||
22 | pay a greater portion of the fees, costs, and charges; | ||||||
23 | and | ||||||
24 | (iii) the court shall waive 25% of all fees, | ||||||
25 | costs, and charges if the available income of the | ||||||
26 | applicant is greater than 175% but does not exceed |
| |||||||
| |||||||
1 | 200% of the current poverty level, unless the assets | ||||||
2 | of the applicant that are not exempt under Part 9 or 10 | ||||||
3 | of Article XII of this Code are such that the applicant | ||||||
4 | is able, without undue hardship, to pay a greater | ||||||
5 | portion of the fees, costs, and charges.
| ||||||
6 | (c) An application for waiver of court fees, costs, and | ||||||
7 | charges
shall be in writing and signed by the applicant, or, if | ||||||
8 | the
applicant is a minor or an incompetent adult, by another
| ||||||
9 | person having knowledge of the facts. The contents of the | ||||||
10 | application for waiver of court fees, costs, and charges, and | ||||||
11 | the procedure for the decision of the applications, shall be
| ||||||
12 | established by Supreme Court Rule. Factors to consider in | ||||||
13 | evaluating an application shall include: | ||||||
14 | (1) the applicant's receipt of needs based | ||||||
15 | governmental public benefits, including Supplemental | ||||||
16 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
17 | ( AABD ADBD ); Temporary Assistance for Needy Families | ||||||
18 | (TANF); Supplemental Nutrition Assistance Program (SNAP or | ||||||
19 | "food stamps"); General Assistance; Transitional | ||||||
20 | Assistance; or State Children and Family Assistance; | ||||||
21 | (2) the employment status of the applicant and amount | ||||||
22 | of monthly income, if any; | ||||||
23 | (3) income received from the applicant's pension, | ||||||
24 | Social Security benefits, unemployment benefits, and other | ||||||
25 | sources; | ||||||
26 | (4) income received by the applicant from other |
| |||||||
| |||||||
1 | household members; | ||||||
2 | (5) the applicant's monthly expenses, including rent, | ||||||
3 | home mortgage, other mortgage, utilities, food, medical, | ||||||
4 | vehicle, childcare, debts, child support, and other | ||||||
5 | expenses; and | ||||||
6 | (6) financial affidavits or other similar supporting | ||||||
7 | documentation provided by the applicant showing that | ||||||
8 | payment of the imposed fees, costs, and charges would | ||||||
9 | result in substantial hardship to the applicant or the | ||||||
10 | applicant's family. | ||||||
11 | (c-5) The court shall provide, through the
office of the | ||||||
12 | clerk of the court, the application for waiver of court fees, | ||||||
13 | costs, and charges to any person
seeking to sue or defend an | ||||||
14 | action who indicates an inability to pay the fees,
costs, and | ||||||
15 | charges of the action. The clerk of the court shall post in
a | ||||||
16 | conspicuous place in the courthouse a notice no smaller than | ||||||
17 | 8.5 x 11 inches,
using no smaller than 30-point typeface | ||||||
18 | printed in English and in Spanish,
advising
the public that | ||||||
19 | they may ask the court for permission to sue or defend a civil
| ||||||
20 | action without payment of fees, costs, and charges. The notice | ||||||
21 | shall be
substantially as follows:
| ||||||
22 | "If you are unable to pay the fees, costs, and charges | ||||||
23 | of an action you may
ask the court to allow you to proceed | ||||||
24 | without paying them. Ask the clerk of
the court for | ||||||
25 | forms."
| ||||||
26 | (d) (Blank).
|
| |||||||
| |||||||
1 | (e) The clerk of the court shall not refuse to accept and | ||||||
2 | file any
complaint,
appearance, or other paper presented by | ||||||
3 | the applicant if accompanied by an
application for waiver of | ||||||
4 | court fees, costs, and charges, and those papers shall be
| ||||||
5 | considered filed on the date the application is presented. If | ||||||
6 | the application
is denied or a partial fees, costs, and | ||||||
7 | charges waiver is granted, the order shall state a date | ||||||
8 | certain by which the necessary fees,
costs, and charges must | ||||||
9 | be paid. For good cause shown, the court may allow an
applicant | ||||||
10 | who receives a partial fees, costs, and charges waiver to | ||||||
11 | defer payment of fees, costs, and
charges, make installment | ||||||
12 | payments, or make payment upon reasonable terms and
conditions | ||||||
13 | stated in the order. The court may dismiss the claims or strike | ||||||
14 | the defenses of
any party failing to pay the fees, costs, and | ||||||
15 | charges within the time and in the
manner ordered by the court. | ||||||
16 | A judicial ruling on an application for waiver of court | ||||||
17 | assessments does not constitute a decision of a substantial | ||||||
18 | issue in the case under Section 2-1001 of this Code.
| ||||||
19 | (f) The order granting a full or partial fees, costs, and | ||||||
20 | charges waiver shall expire after one year. Upon expiration of | ||||||
21 | the waiver, or a reasonable period of time before expiration, | ||||||
22 | the party whose fees, costs, and charges were waived may file | ||||||
23 | another application for waiver and the court shall consider | ||||||
24 | the application in accordance with the applicable Supreme | ||||||
25 | Court Rule.
| ||||||
26 | (f-5) If, before or at the time of final disposition of the |
| |||||||
| |||||||
1 | case, the court obtains information, including information | ||||||
2 | from the court file, suggesting that a person whose fees, | ||||||
3 | costs, and charges were initially waived was not entitled to a | ||||||
4 | full or partial waiver at the time of application, the court | ||||||
5 | may require the person to appear at a court hearing by giving | ||||||
6 | the applicant no less than 10 days' written notice of the | ||||||
7 | hearing and the specific reasons why the initial waiver might | ||||||
8 | be reconsidered. The court may require the applicant to | ||||||
9 | provide reasonably available evidence, including financial | ||||||
10 | information, to support his or her eligibility for the waiver, | ||||||
11 | but the court shall not require submission of information that | ||||||
12 | is unrelated to the criteria for eligibility and application | ||||||
13 | requirements set forth in subdivision (b)(1) or (b)(2) of this | ||||||
14 | Section. If the court finds that the person was not initially | ||||||
15 | entitled to any waiver, the person shall pay all fees, costs, | ||||||
16 | and charges relating to the civil action, including any | ||||||
17 | previously waived fees, costs, and charges. The order may | ||||||
18 | state terms of payment in accordance with subsection (e). The | ||||||
19 | court shall not conduct a hearing under this subsection more | ||||||
20 | often than once every 6 months. | ||||||
21 | (f-10) If, before or at the time of final disposition of | ||||||
22 | the case, the court obtains information, including information | ||||||
23 | from the court file, suggesting that a person who received a | ||||||
24 | full or partial waiver has experienced a change in financial | ||||||
25 | condition so that he or she is no longer eligible for that | ||||||
26 | waiver, the court may require the person to appear at a court |
| |||||||
| |||||||
1 | hearing by giving the applicant no less than 10 days' written | ||||||
2 | notice of the hearing and the specific reasons why the waiver | ||||||
3 | might be reconsidered. The court may require the person to | ||||||
4 | provide reasonably available evidence, including financial | ||||||
5 | information, to support his or her continued eligibility for | ||||||
6 | the waiver, but shall not require submission of information | ||||||
7 | that is unrelated to the criteria for eligibility and | ||||||
8 | application requirements set forth in subdivisions (b)(1) and | ||||||
9 | (b)(2) of this Section. If the court enters an order finding | ||||||
10 | that the person is no longer entitled to a waiver, or is | ||||||
11 | entitled to a partial waiver different than that which the | ||||||
12 | person had previously received, the person shall pay the | ||||||
13 | requisite fees, costs, and charges from the date of the order | ||||||
14 | going forward. The order may state terms of payment in | ||||||
15 | accordance with subsection (e) of this Section. The court | ||||||
16 | shall not conduct a hearing under this subsection more often | ||||||
17 | than once every 6 months. | ||||||
18 | (g) A court, in its discretion, may appoint counsel to | ||||||
19 | represent an indigent
person, and that counsel shall perform | ||||||
20 | his or her duties without fees, charges,
or reward.
| ||||||
21 | (h) Nothing in this Section shall be construed to affect | ||||||
22 | the right of a
party to sue or defend an action in forma | ||||||
23 | pauperis without the payment of fees,
costs, charges, or the | ||||||
24 | right of a party to court-appointed counsel, as
authorized by | ||||||
25 | any other provision of law or by the rules of the Illinois
| ||||||
26 | Supreme Court. Nothing in this Section shall be construed to |
| |||||||
| |||||||
1 | limit the authority of a court to order another party to the | ||||||
2 | action to pay the fees, costs, and charges of the action.
| ||||||
3 | (h-5) If a party is represented by a civil legal services | ||||||
4 | provider or an attorney in a court-sponsored pro bono program | ||||||
5 | as defined in Section 5-105.5 of this Code, the attorney | ||||||
6 | representing that party shall file a certification with the | ||||||
7 | court in accordance with Supreme Court Rule 298 and that party | ||||||
8 | shall be allowed to sue or defend without payment of fees, | ||||||
9 | costs, and charges without filing an application under this | ||||||
10 | Section. | ||||||
11 | (h-10) (Blank). | ||||||
12 | (i) The provisions of this Section are severable under | ||||||
13 | Section 1.31 of the
Statute on Statutes.
| ||||||
14 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; | ||||||
15 | 101-36, eff. 6-28-19; revised 8-6-19.)
| ||||||
16 | (735 ILCS 5/Art. VIII Pt. 3 heading) | ||||||
17 | Part 3. Surviving Partner or Joint Contractor Joint-Contractor
| ||||||
18 | (735 ILCS 5/8-301) (from Ch. 110, par. 8-301)
| ||||||
19 | Sec. 8-301. Surviving partner or joint contractor | ||||||
20 | joint-contractor . In any action or
proceeding by or against | ||||||
21 | any surviving
partner or partners, or joint contractor or | ||||||
22 | joint contractors, no adverse
party or person adversely | ||||||
23 | interested in the event thereof, shall, by
virtue of Section | ||||||
24 | 8-101 of this Act, be rendered a competent witness to
testify |
| |||||||
| |||||||
1 | to any admission or conversation by any deceased partner or
| ||||||
2 | joint contractor, unless some one or more of the surviving | ||||||
3 | partners or
joint contractors were also present at the time of | ||||||
4 | such admission or
conversation; and in every action or | ||||||
5 | proceeding a party to the
same who has contracted with an agent | ||||||
6 | of the adverse party - the agent
having since died - shall not | ||||||
7 | be a competent witness as to any admission
or conversation | ||||||
8 | between himself or herself and such agent, unless such | ||||||
9 | admission or
conversation with the deceased agent was had or | ||||||
10 | made in the
presence of a surviving agent or agents of such | ||||||
11 | adverse party, and then
only except where the conditions are | ||||||
12 | such that under the provisions of
Sections 8-201 and 8-401 of | ||||||
13 | this Act he or she would have been permitted to
testify if
the | ||||||
14 | deceased person had been a principal and not an agent.
| ||||||
15 | (Source: P.A. 82-280; revised 7-16-19.)
| ||||||
16 | (735 ILCS 5/20-104) (from Ch. 110, par. 20-104)
| ||||||
17 | Sec. 20-104.
(a) Before any action is instituted pursuant | ||||||
18 | to this Act,
the State or local governmental unit shall make a | ||||||
19 | good faith attempt to
collect amounts owed to it by using | ||||||
20 | informal procedures and methods. Civil
recoveries provided for | ||||||
21 | in this Article shall be
recoverable only: (1) in actions on | ||||||
22 | behalf of the State, by the Attorney
General; (2) in actions on | ||||||
23 | behalf of a municipality with a population over
500,000, by | ||||||
24 | the corporation counsel of such municipality; and (3) in
| ||||||
25 | actions on behalf of any other local governmental unit, by |
| |||||||
| |||||||
1 | counsel
designated by the local government unit or, if so | ||||||
2 | requested by the local
governmental unit and the state's | ||||||
3 | attorney so agrees, by the state's attorney.
However, nothing | ||||||
4 | in clause (3) of this subsection (a) shall affect
agreements | ||||||
5 | made pursuant to the State's Attorneys Attorney Appellate | ||||||
6 | Prosecutor's
Act , as amended . If the state's attorney of a | ||||||
7 | county brings an action on behalf
of another unit of local | ||||||
8 | government pursuant to this Section, the county
shall be | ||||||
9 | reimbursed by the unit of local government in an amount | ||||||
10 | mutually
agreed upon before the action is initiated.
| ||||||
11 | (b) Notwithstanding any other provision in this Section, | ||||||
12 | any private
citizen residing within the boundaries of the | ||||||
13 | governmental unit affected
may bring an action to recover the | ||||||
14 | damages authorized in this Article on behalf
of such | ||||||
15 | governmental unit if: (a) the citizen has sent a letter by
| ||||||
16 | certified mail, return receipt requested, to the appropriate | ||||||
17 | government
official stating his intention to file suit for | ||||||
18 | recovery under this Article and
(b) the appropriate | ||||||
19 | governmental official has not, within 60 days of the
date of | ||||||
20 | delivery on the citizen's return receipt, either instituted an
| ||||||
21 | action for recovery or sent notice to the citizen by
certified | ||||||
22 | mail, return receipt requested, that the official has arranged
| ||||||
23 | for a settlement with the party alleged to have illegally | ||||||
24 | obtained the
compensation or that the official intends to | ||||||
25 | commence suit within 60 days
of the date of the notice. A | ||||||
26 | denial by the official of the liability of
the party alleged |
| |||||||
| |||||||
1 | liable by the citizen, failure to have actually arranged
for a | ||||||
2 | settlement as stated, or failure to commence a suit within the
| ||||||
3 | designated period after having stated the intention in the | ||||||
4 | notice to do so
shall also permit the citizen to commence the | ||||||
5 | action.
| ||||||
6 | For purposes of this subsection (b), "appropriate | ||||||
7 | government official"
shall mean: (1) the Attorney General, | ||||||
8 | where the government unit alleged
damaged is the State; (2) | ||||||
9 | the corporation counsel where the government unit
alleged | ||||||
10 | damaged is a municipality with a population of over 500,000; | ||||||
11 | and
(3) the chief executive officer of any other local | ||||||
12 | government unit where
that unit is alleged damaged.
| ||||||
13 | Any private citizen commencing an action in compliance | ||||||
14 | with this
subsection which is reasonable and commenced in good | ||||||
15 | faith shall be
entitled to recover court costs and litigation | ||||||
16 | expenses, including
reasonable attorney's fees, from any | ||||||
17 | defendant found liable under this Article.
| ||||||
18 | (Source: P.A. 84-1462; revised 7-16-19.)
| ||||||
19 | Section 775. The Parental Right of Recovery Act is amended | ||||||
20 | by changing Section 2 as follows:
| ||||||
21 | (740 ILCS 120/2) (from Ch. 70, par. 602)
| ||||||
22 | Sec. 2. For the purpose of this Act, unless the context | ||||||
23 | clearly requires otherwise:
| ||||||
24 | (1) "Illegal drug" means (i) any substance as defined and |
| |||||||
| |||||||
1 | included in
the Schedules of Article II of the Illinois | ||||||
2 | Controlled Substances Act, (ii)
any cannabis as defined in | ||||||
3 | Section 3 of the Cannabis Control Act, or (iii) any
drug as | ||||||
4 | defined in paragraph (b) of Section 3 of the Pharmacy Practice | ||||||
5 | Act
which is obtained without a prescription or otherwise in | ||||||
6 | violation
of the law.
| ||||||
7 | (2) "Minor" means a person who has not attained age 18.
| ||||||
8 | (3) "Legal guardian" means a person appointed guardian, or | ||||||
9 | given
custody, of a minor by a circuit court of this State, but | ||||||
10 | does not include
a person appointed guardian, or given | ||||||
11 | custody, of a minor under the
Juvenile Court Act or the | ||||||
12 | Juvenile Court Act of 1987.
| ||||||
13 | (4) "Parent" means any natural or adoptive parent of a | ||||||
14 | minor.
| ||||||
15 | (5) "Person" means any natural person, corporation, | ||||||
16 | association,
partnership , or other organization.
| ||||||
17 | (6) "Prescription" means any order for drugs,
written or | ||||||
18 | verbal, by a physician, dentist, veterinarian , or other person
| ||||||
19 | authorized to prescribe drugs within the limits of his or her
| ||||||
20 | license, containing the following: (1) name Name of the | ||||||
21 | patient; (2) date when
prescription was given; (3) name and | ||||||
22 | strength of drug
prescribed; (4) quantity, directions for use, | ||||||
23 | prescriber's
name, address and signature, and the United | ||||||
24 | States Drug Enforcement Administration Agency
number where | ||||||
25 | required, for controlled substances.
| ||||||
26 | (7) "Sale or transfer" means the actual or constructive |
| |||||||
| |||||||
1 | transfer of
possession of an illegal drug, with or without | ||||||
2 | consideration, whether
directly or through an agent.
| ||||||
3 | (Source: P.A. 95-689, eff. 10-29-07; revised 8-19-20.)
| ||||||
4 | Section 780. The Federal Law Enforcement Officer Immunity | ||||||
5 | Act is amended by changing Section 5 as follows:
| ||||||
6 | (745 ILCS 22/5)
| ||||||
7 | Sec. 5. Definition. As used in this Act, "federal law | ||||||
8 | enforcement
officer" means any officer, agent , or employee of | ||||||
9 | the federal government
commissioned by federal statute to make | ||||||
10 | arrests for violations of federal
criminal laws, including but | ||||||
11 | not limited to, all criminal investigators of:
| ||||||
12 | (a) The United States Department of Justice, the | ||||||
13 | Federal Bureau of
Investigation, the Drug Enforcement | ||||||
14 | Administration, Agency and all United States Marshals or | ||||||
15 | Deputy United States Marshals whose
duties involve the | ||||||
16 | enforcement of federal criminal laws;
| ||||||
17 | (a-5) The United States Department of Homeland | ||||||
18 | Security, United States Citizenship and Immigration | ||||||
19 | Services,
United States Coast Guard, United States Customs | ||||||
20 | and Border Protection,
and United States Immigration and | ||||||
21 | Customs Enforcement; | ||||||
22 | (b) The United States Department of the Treasury, the | ||||||
23 | Alcohol and Tobacco Tax and Trade Bureau, and the United | ||||||
24 | States Secret Service;
|
| |||||||
| |||||||
1 | (c) The United States Internal Revenue Service;
| ||||||
2 | (d) The United States General Services Administration;
| ||||||
3 | (e) The United States Postal Service;
| ||||||
4 | (f) (Blank); and
| ||||||
5 | (g) The United States Department of Defense. | ||||||
6 | (Source: P.A. 99-651, eff. 1-1-17; revised 8-19-20.)
| ||||||
7 | Section 785. The Good Samaritan Food Donor Act is amended | ||||||
8 | by changing Section 2.02 as follows:
| ||||||
9 | (745 ILCS 50/2.02) (from Ch. 56 1/2, par. 2002.02)
| ||||||
10 | Sec. 2.02.
"Charitable organization" is defined as set | ||||||
11 | forth in Section
1 of the Solicitation for Charity Act "An Act | ||||||
12 | to regulate solicitation and collection of funds for | ||||||
13 | charitable
purposes, providing for violations thereof, and | ||||||
14 | making an appropriation
therefor", approved July 26, 1963, as | ||||||
15 | amended .
| ||||||
16 | (Source: P.A. 82-580; revised 9-4-20.)
| ||||||
17 | Section 790. The Adoption Act is amended by changing | ||||||
18 | Section 1 as follows:
| ||||||
19 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
20 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
21 | context
otherwise requires:
| ||||||
22 | A. "Child" means a person under legal age subject to |
| |||||||
| |||||||
1 | adoption under
this Act.
| ||||||
2 | B. "Related child" means a child subject to adoption where | ||||||
3 | either or both of
the adopting parents stands in any of the | ||||||
4 | following relationships to the child
by blood, marriage, | ||||||
5 | adoption, or civil union: parent, grand-parent, | ||||||
6 | great-grandparent, brother, sister, step-parent,
| ||||||
7 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
8 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
9 | person is related to the child as a first cousin or second | ||||||
10 | cousin if they are both related to the same ancestor as either | ||||||
11 | grandchild or great-grandchild. A child whose parent has | ||||||
12 | executed
a consent to adoption, a surrender, or a waiver | ||||||
13 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
14 | denial of paternity pursuant to Section 12 of the Vital | ||||||
15 | Records Act or Section 12a of this Act, or whose parent has had | ||||||
16 | his or her parental rights
terminated, is not a related child | ||||||
17 | to that person, unless (1) the consent is
determined to be void | ||||||
18 | or is void pursuant to subsection O of Section 10 of this Act;
| ||||||
19 | or (2) the parent of the child executed a consent to adoption | ||||||
20 | by a specified person or persons pursuant to subsection A-1 of | ||||||
21 | Section 10 of this Act and a court of competent jurisdiction | ||||||
22 | finds that such consent is void; or (3) the order terminating | ||||||
23 | the parental rights of the parent is vacated by a court of | ||||||
24 | competent jurisdiction.
| ||||||
25 | C. "Agency" for the purpose of this Act means a public | ||||||
26 | child welfare agency
or a licensed child welfare agency.
|
| |||||||
| |||||||
1 | D. "Unfit person" means any person whom the court shall | ||||||
2 | find to be unfit
to have a child, without regard to the | ||||||
3 | likelihood that the child will be
placed for adoption. The | ||||||
4 | grounds of unfitness are any one or more
of the following, | ||||||
5 | except that a person shall not be considered an unfit
person | ||||||
6 | for the sole reason that the person has relinquished a child in
| ||||||
7 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
8 | (a) Abandonment of the child.
| ||||||
9 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
10 | (a-2) Abandonment of a newborn infant in any setting | ||||||
11 | where the evidence
suggests that the parent intended to | ||||||
12 | relinquish his or her parental rights.
| ||||||
13 | (b) Failure to maintain a reasonable degree of | ||||||
14 | interest, concern or
responsibility as to the child's | ||||||
15 | welfare.
| ||||||
16 | (c) Desertion of the child for more than 3 months next | ||||||
17 | preceding the
commencement of the Adoption proceeding.
| ||||||
18 | (d) Substantial neglect
of the
child if continuous or | ||||||
19 | repeated.
| ||||||
20 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
21 | of any child
residing in the household which resulted in | ||||||
22 | the death of that child.
| ||||||
23 | (e) Extreme or repeated cruelty to the child.
| ||||||
24 | (f) There is a rebuttable presumption, which can be | ||||||
25 | overcome only by clear and convincing evidence, that a | ||||||
26 | parent is unfit if:
|
| |||||||
| |||||||
1 | (1) Two or more findings of physical abuse have | ||||||
2 | been entered regarding any children under Section 2-21 | ||||||
3 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
4 | which was determined by the juvenile court
hearing the | ||||||
5 | matter to be supported by clear and convincing | ||||||
6 | evidence; or | ||||||
7 | (2) The parent has been convicted or found not | ||||||
8 | guilty by reason of insanity and the conviction or | ||||||
9 | finding resulted from the death of any child by | ||||||
10 | physical abuse; or
| ||||||
11 | (3) There is a finding of physical child abuse | ||||||
12 | resulting from the death of any
child under Section | ||||||
13 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
14 | No conviction or finding of delinquency pursuant to | ||||||
15 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
16 | considered a criminal conviction for the purpose of | ||||||
17 | applying any presumption under this item (f).
| ||||||
18 | (g) Failure to protect the child from conditions | ||||||
19 | within his environment
injurious to the child's welfare.
| ||||||
20 | (h) Other neglect of, or misconduct toward the child; | ||||||
21 | provided that in
making a finding of unfitness the court | ||||||
22 | hearing the adoption proceeding
shall not be bound by any | ||||||
23 | previous finding, order or judgment affecting
or | ||||||
24 | determining the rights of the parents toward the child | ||||||
25 | sought to be adopted
in any other proceeding except such | ||||||
26 | proceedings terminating parental rights
as shall be had |
| |||||||
| |||||||
1 | under either this Act, the Juvenile Court Act or
the | ||||||
2 | Juvenile Court Act of 1987.
| ||||||
3 | (i) Depravity. Conviction of any one of the following
| ||||||
4 | crimes shall create a presumption that a parent is | ||||||
5 | depraved which can be
overcome only by clear and | ||||||
6 | convincing evidence:
(1) first degree murder in violation | ||||||
7 | of paragraph (1) 1 or (2)
2 of subsection (a) of Section | ||||||
8 | 9-1 of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012 or conviction
of second degree murder in violation of | ||||||
10 | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012 of a parent of the child to be | ||||||
12 | adopted; (2)
first degree murder or second degree murder | ||||||
13 | of any child in
violation of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012; (3)
attempt or conspiracy to | ||||||
15 | commit first degree murder or second degree murder
of any | ||||||
16 | child in violation of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012; (4)
solicitation to commit murder | ||||||
18 | of any child, solicitation to
commit murder of any child | ||||||
19 | for hire, or solicitation to commit second
degree murder | ||||||
20 | of any child in violation of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012; (5)
predatory criminal sexual | ||||||
22 | assault of a child in violation of
Section 11-1.40 or | ||||||
23 | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012; (6) heinous battery of any child in violation of | ||||||
25 | the Criminal Code of 1961; (7) aggravated battery of any | ||||||
26 | child in violation of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012; (8) any violation of Section | ||||||
2 | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012; (9) any violation of subsection | ||||||
4 | (a) of Section 11-1.50 or Section 12-16 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012; (10) any | ||||||
6 | violation of Section 11-9.1 of the Criminal Code of 1961 | ||||||
7 | or the Criminal Code of 2012; (11) any violation of | ||||||
8 | Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012; or (12) an offense in any other | ||||||
10 | state the elements of which are similar and bear a
| ||||||
11 | substantial relationship to any of the enumerated offenses | ||||||
12 | in this subsection (i).
| ||||||
13 | There is a rebuttable presumption that a parent is | ||||||
14 | depraved if the parent
has been criminally convicted of at | ||||||
15 | least 3 felonies under the laws of this
State or any other | ||||||
16 | state, or under federal law, or the criminal laws of any
| ||||||
17 | United States territory; and at least
one of these
| ||||||
18 | convictions took place within 5 years of the filing of the | ||||||
19 | petition or motion
seeking termination of parental rights.
| ||||||
20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if that
parent
has
been criminally convicted of | ||||||
22 | either first or second degree murder of any person
as | ||||||
23 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012 within 10 years of the filing date of
the petition | ||||||
25 | or motion to terminate parental rights. | ||||||
26 | No conviction or finding of delinquency pursuant to |
| |||||||
| |||||||
1 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
2 | considered a criminal conviction for the purpose of | ||||||
3 | applying any presumption under this item (i).
| ||||||
4 | (j) Open and notorious adultery or fornication.
| ||||||
5 | (j-1) (Blank).
| ||||||
6 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
7 | than those
prescribed by a physician, for at least one | ||||||
8 | year immediately
prior to the commencement of the | ||||||
9 | unfitness proceeding.
| ||||||
10 | There is a rebuttable presumption that a parent is | ||||||
11 | unfit under this
subsection
with respect to any child to | ||||||
12 | which that parent gives birth where there is a
confirmed
| ||||||
13 | test result that at birth the child's blood, urine, or | ||||||
14 | meconium contained any
amount of a controlled substance as | ||||||
15 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
16 | Controlled Substances Act or metabolites of such | ||||||
17 | substances, the
presence of which in the newborn infant | ||||||
18 | was not the result of medical treatment
administered to | ||||||
19 | the mother or the newborn infant; and the biological | ||||||
20 | mother of
this child is the biological mother of at least | ||||||
21 | one other child who was
adjudicated a neglected minor | ||||||
22 | under subsection (c) of Section 2-3 of the
Juvenile Court | ||||||
23 | Act of 1987.
| ||||||
24 | (l) Failure to demonstrate a reasonable degree of | ||||||
25 | interest, concern or
responsibility as to the welfare of a | ||||||
26 | new born child during the first 30
days after its birth.
|
| |||||||
| |||||||
1 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
2 | to correct the
conditions that were the basis for the | ||||||
3 | removal of the child from the
parent during any 9-month | ||||||
4 | period following the adjudication of neglected or abused | ||||||
5 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
6 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
7 | to make reasonable progress
toward the return of the
child | ||||||
8 | to the parent during any 9-month period following the | ||||||
9 | adjudication of
neglected or abused minor under Section | ||||||
10 | 2-3 of the Juvenile Court
Act of 1987 or dependent minor | ||||||
11 | under Section 2-4 of that Act.
If a service plan has been | ||||||
12 | established as
required under
Section 8.2 of the Abused | ||||||
13 | and Neglected Child Reporting Act to correct the
| ||||||
14 | conditions that were the basis for the removal of the | ||||||
15 | child from the parent
and if those services were | ||||||
16 | available,
then, for purposes of this Act, "failure to | ||||||
17 | make reasonable progress toward the
return of the child to | ||||||
18 | the parent" includes the parent's failure to substantially | ||||||
19 | fulfill his or her obligations
under
the service plan and | ||||||
20 | correct the conditions that brought the child into care
| ||||||
21 | during any 9-month period
following the adjudication under | ||||||
22 | Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
23 | Notwithstanding any other provision, when a petition or | ||||||
24 | motion seeks to terminate parental rights on the basis of | ||||||
25 | item (ii) of this subsection (m), the petitioner shall | ||||||
26 | file with the court and serve on the parties a pleading |
| |||||||
| |||||||
1 | that specifies the 9-month period or periods relied on. | ||||||
2 | The pleading shall be filed and served on the parties no | ||||||
3 | later than 3 weeks before the date set by the court for | ||||||
4 | closure of discovery, and the allegations in the pleading | ||||||
5 | shall be treated as incorporated into the petition or | ||||||
6 | motion. Failure of a respondent to file a written denial | ||||||
7 | of the allegations in the pleading shall not be treated as | ||||||
8 | an admission that the allegations are true.
| ||||||
9 | (m-1) (Blank).
| ||||||
10 | (n) Evidence of intent to forgo his or her parental | ||||||
11 | rights,
whether or
not the child is a ward of the court, | ||||||
12 | (1) as manifested
by his or her failure for a period of 12 | ||||||
13 | months: (i) to visit the child,
(ii) to communicate with | ||||||
14 | the child or agency, although able to do so and
not | ||||||
15 | prevented from doing so by an agency or by court order, or | ||||||
16 | (iii) to
maintain contact with or plan for the future of | ||||||
17 | the child, although physically
able to do so, or (2) as | ||||||
18 | manifested by the father's failure, where he
and the | ||||||
19 | mother of the child were unmarried to each other at the | ||||||
20 | time of the
child's birth, (i) to commence legal | ||||||
21 | proceedings to establish his paternity
under the Illinois | ||||||
22 | Parentage Act of 1984, the Illinois Parentage Act of 2015, | ||||||
23 | or the law of the jurisdiction of
the child's birth within | ||||||
24 | 30 days of being informed, pursuant to Section 12a
of this | ||||||
25 | Act, that he is the father or the likely father of the | ||||||
26 | child or,
after being so informed where the child is not |
| |||||||
| |||||||
1 | yet born, within 30 days of
the child's birth, or (ii) to | ||||||
2 | make a good faith effort to pay a reasonable
amount of the | ||||||
3 | expenses related to the birth of the child and to provide a
| ||||||
4 | reasonable amount for the financial support of the child, | ||||||
5 | the court to
consider in its determination all relevant | ||||||
6 | circumstances, including the
financial condition of both | ||||||
7 | parents; provided that the ground for
termination provided | ||||||
8 | in this subparagraph (n)(2)(ii) shall only be
available | ||||||
9 | where the petition is brought by the mother or the husband | ||||||
10 | of
the mother.
| ||||||
11 | Contact or communication by a parent with his or her | ||||||
12 | child that does not
demonstrate affection and concern does | ||||||
13 | not constitute reasonable contact
and planning under | ||||||
14 | subdivision (n). In the absence of evidence to the
| ||||||
15 | contrary, the ability to visit, communicate, maintain | ||||||
16 | contact, pay
expenses and plan for the future shall be | ||||||
17 | presumed. The subjective intent
of the parent, whether | ||||||
18 | expressed or otherwise, unsupported by evidence of
the | ||||||
19 | foregoing parental acts manifesting that intent, shall not | ||||||
20 | preclude a
determination that the parent has intended to | ||||||
21 | forgo his or her
parental
rights. In making this | ||||||
22 | determination, the court may consider but shall not
| ||||||
23 | require a showing of diligent efforts by an authorized | ||||||
24 | agency to encourage
the parent to perform the acts | ||||||
25 | specified in subdivision (n).
| ||||||
26 | It shall be an affirmative defense to any allegation |
| |||||||
| |||||||
1 | under paragraph
(2) of this subsection that the father's | ||||||
2 | failure was due to circumstances
beyond his control or to | ||||||
3 | impediments created by the mother or any other
person | ||||||
4 | having legal custody. Proof of that fact need only be by a
| ||||||
5 | preponderance of the evidence.
| ||||||
6 | (o) Repeated or continuous failure by the parents, | ||||||
7 | although physically
and financially able, to provide the | ||||||
8 | child with adequate food, clothing,
or shelter.
| ||||||
9 | (p) Inability to discharge parental responsibilities | ||||||
10 | supported by
competent evidence from a psychiatrist, | ||||||
11 | licensed clinical social
worker, or clinical psychologist | ||||||
12 | of mental
impairment, mental illness or an intellectual | ||||||
13 | disability as defined in Section
1-116 of the Mental | ||||||
14 | Health and Developmental Disabilities Code, or
| ||||||
15 | developmental disability as defined in Section 1-106 of | ||||||
16 | that Code, and
there is sufficient justification to | ||||||
17 | believe that the inability to
discharge parental | ||||||
18 | responsibilities shall extend beyond a reasonable
time | ||||||
19 | period. However, this subdivision (p) shall not be | ||||||
20 | construed so as to
permit a licensed clinical social | ||||||
21 | worker to conduct any medical diagnosis to
determine | ||||||
22 | mental illness or mental impairment.
| ||||||
23 | (q) (Blank).
| ||||||
24 | (r) The child is in the temporary custody or | ||||||
25 | guardianship of the
Department of Children and Family | ||||||
26 | Services, the parent is incarcerated as a
result of |
| |||||||
| |||||||
1 | criminal conviction at the time the petition or motion for
| ||||||
2 | termination of parental rights is filed, prior to | ||||||
3 | incarceration the parent had
little or no contact with the | ||||||
4 | child or provided little or no support for the
child, and | ||||||
5 | the parent's incarceration will prevent the parent from | ||||||
6 | discharging
his or her parental responsibilities for the | ||||||
7 | child for a period in excess of 2
years after the filing of | ||||||
8 | the petition or motion for termination of parental
rights.
| ||||||
9 | (s) The child is in the temporary custody or | ||||||
10 | guardianship of the
Department of Children and Family | ||||||
11 | Services, the parent is incarcerated at the
time the | ||||||
12 | petition or motion for termination of parental rights is | ||||||
13 | filed, the
parent has been repeatedly incarcerated as a | ||||||
14 | result of criminal convictions,
and the parent's repeated | ||||||
15 | incarceration has prevented the parent from
discharging | ||||||
16 | his or her parental responsibilities for the child.
| ||||||
17 | (t) A finding that at birth the child's blood,
urine, | ||||||
18 | or meconium contained any amount of a controlled substance | ||||||
19 | as
defined in subsection (f) of Section 102 of the | ||||||
20 | Illinois Controlled Substances
Act, or a metabolite of a | ||||||
21 | controlled substance, with the exception of
controlled | ||||||
22 | substances or metabolites of such substances, the presence | ||||||
23 | of which
in the newborn infant was the result of medical | ||||||
24 | treatment administered to the
mother or the newborn | ||||||
25 | infant, and that the biological mother of this child is
| ||||||
26 | the biological mother of at least one other child who was |
| |||||||
| |||||||
1 | adjudicated a
neglected minor under subsection (c) of | ||||||
2 | Section 2-3 of the Juvenile Court Act
of 1987, after which | ||||||
3 | the biological mother had the opportunity to enroll in
and | ||||||
4 | participate in a clinically appropriate substance abuse
| ||||||
5 | counseling, treatment, and rehabilitation program.
| ||||||
6 | E. "Parent" means a person who is the legal mother or legal | ||||||
7 | father of the child as defined in subsection X or Y of this | ||||||
8 | Section. For the purpose of this Act, a parent who has executed | ||||||
9 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
10 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
11 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
12 | of this Act, or whose parental rights have been terminated by a | ||||||
13 | court, is not a parent of the child who was the subject of the | ||||||
14 | consent, surrender, waiver, or denial unless (1) the consent | ||||||
15 | is void pursuant to subsection O of Section 10 of this Act; or | ||||||
16 | (2) the person executed a consent to adoption by a specified | ||||||
17 | person or persons pursuant to subsection A-1 of Section 10 of | ||||||
18 | this Act and a court of competent jurisdiction finds that the | ||||||
19 | consent is void; or (3) the order terminating the parental | ||||||
20 | rights of the person is vacated by a court of competent | ||||||
21 | jurisdiction.
| ||||||
22 | F. A person is available for adoption when the person is:
| ||||||
23 | (a) a child who has been surrendered for adoption to | ||||||
24 | an agency and to
whose adoption the agency has thereafter | ||||||
25 | consented;
| ||||||
26 | (b) a child to whose adoption a person authorized by |
| |||||||
| |||||||
1 | law, other than his
parents, has consented, or to whose | ||||||
2 | adoption no consent is required pursuant
to Section 8 of | ||||||
3 | this Act;
| ||||||
4 | (c) a child who is in the custody of persons who intend | ||||||
5 | to adopt him
through placement made by his parents;
| ||||||
6 | (c-1) a child for whom a parent has signed a specific | ||||||
7 | consent pursuant
to subsection O of Section 10;
| ||||||
8 | (d) an adult who meets the conditions set forth in | ||||||
9 | Section 3 of this
Act; or
| ||||||
10 | (e) a child who has been relinquished as defined in | ||||||
11 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
12 | A person who would otherwise be available for adoption | ||||||
13 | shall not be
deemed unavailable for adoption solely by reason | ||||||
14 | of his or her death.
| ||||||
15 | G. The singular includes the plural and the plural | ||||||
16 | includes
the singular and the "male" includes the "female", as | ||||||
17 | the context of this
Act may require.
| ||||||
18 | H. (Blank).
| ||||||
19 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
20 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
21 | promulgated thereunder.
| ||||||
22 | J. "Immediate relatives" means the biological parents, the | ||||||
23 | parents of
the biological parents and siblings of the | ||||||
24 | biological parents.
| ||||||
25 | K. "Intercountry adoption" is a process by which a child | ||||||
26 | from a country
other than the United States is adopted by |
| |||||||
| |||||||
1 | persons who are habitual residents of the United States, or | ||||||
2 | the child is a habitual resident of the United States who is | ||||||
3 | adopted by persons who are habitual residents of a country | ||||||
4 | other than the United States.
| ||||||
5 | L. (Blank).
| ||||||
6 | M. "Interstate Compact on the Placement of Children" is a | ||||||
7 | law enacted by all
states and certain territories for the | ||||||
8 | purpose of establishing uniform procedures for handling
the | ||||||
9 | interstate placement of children in foster homes, adoptive | ||||||
10 | homes, or
other child care facilities.
| ||||||
11 | N. (Blank).
| ||||||
12 | O. "Preadoption requirements" means any conditions or | ||||||
13 | standards established by the laws or administrative rules of | ||||||
14 | this State that must be met by a prospective adoptive parent
| ||||||
15 | prior to the placement of a child in an adoptive home.
| ||||||
16 | P. "Abused child" means a child whose parent or immediate | ||||||
17 | family member,
or any person responsible for the child's | ||||||
18 | welfare, or any individual
residing in the same home as the | ||||||
19 | child, or a paramour of the child's parent:
| ||||||
20 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
21 | inflicted upon
the child physical injury, by other than | ||||||
22 | accidental means, that causes
death, disfigurement, | ||||||
23 | impairment of physical or emotional health, or loss
or | ||||||
24 | impairment of any bodily function;
| ||||||
25 | (b) creates a substantial risk of physical injury to | ||||||
26 | the child by
other than accidental means which would be |
| |||||||
| |||||||
1 | likely to cause death,
disfigurement, impairment of | ||||||
2 | physical or emotional health, or loss or
impairment of any | ||||||
3 | bodily function;
| ||||||
4 | (c) commits or allows to be committed any sex offense | ||||||
5 | against the child,
as sex offenses are defined in the | ||||||
6 | Criminal Code of 2012
and extending those definitions of | ||||||
7 | sex offenses to include children under
18 years of age;
| ||||||
8 | (d) commits or allows to be committed an act or acts of | ||||||
9 | torture upon
the child; or
| ||||||
10 | (e) inflicts excessive corporal punishment.
| ||||||
11 | Q. "Neglected child" means any child whose parent or other | ||||||
12 | person
responsible for the child's welfare withholds or denies | ||||||
13 | nourishment or
medically indicated treatment including food or | ||||||
14 | care denied solely on the
basis of the present or anticipated | ||||||
15 | mental or physical impairment as determined
by a physician | ||||||
16 | acting alone or in consultation with other physicians or
| ||||||
17 | otherwise does not provide the proper or necessary support, | ||||||
18 | education
as required by law, or medical or other remedial | ||||||
19 | care recognized under State
law as necessary for a child's | ||||||
20 | well-being, or other care necessary for his
or her well-being, | ||||||
21 | including adequate food, clothing and shelter; or who
is | ||||||
22 | abandoned by his or her parents or other person responsible | ||||||
23 | for the child's
welfare.
| ||||||
24 | A child shall not be considered neglected or abused for | ||||||
25 | the
sole reason that the child's parent or other person | ||||||
26 | responsible for his
or her welfare depends upon spiritual |
| |||||||
| |||||||
1 | means through prayer alone for the
treatment or cure of | ||||||
2 | disease or remedial care as provided under Section 4
of the | ||||||
3 | Abused and Neglected Child Reporting Act.
A child shall not be | ||||||
4 | considered neglected or abused for the sole reason that
the | ||||||
5 | child's parent or other person responsible for the child's | ||||||
6 | welfare failed
to vaccinate, delayed vaccination, or refused | ||||||
7 | vaccination for the child
due to a waiver on religious or | ||||||
8 | medical grounds as permitted by law.
| ||||||
9 | R. "Putative father" means a man who may be a child's | ||||||
10 | father, but who (1) is
not married to the child's mother on or | ||||||
11 | before the date that the child was or
is to be born and (2) has | ||||||
12 | not established paternity of the child in a court
proceeding | ||||||
13 | before the filing of a petition for the adoption of the child. | ||||||
14 | The
term includes a male who is less than 18 years of age. | ||||||
15 | "Putative father" does
not mean a man who is the child's father | ||||||
16 | as a result of criminal sexual abuse
or assault as defined | ||||||
17 | under Article 11 of the Criminal Code of 2012.
| ||||||
18 | S. "Standby adoption" means an adoption in which a parent
| ||||||
19 | consents to custody and termination of parental rights to | ||||||
20 | become
effective upon the occurrence of a future event, which | ||||||
21 | is either the death of
the
parent or the request of the parent
| ||||||
22 | for the entry of a final judgment of adoption.
| ||||||
23 | T. (Blank).
| ||||||
24 | T-5. "Biological parent", "birth parent", or "natural | ||||||
25 | parent" of a child are interchangeable terms that mean a | ||||||
26 | person who is biologically or genetically related to that |
| |||||||
| |||||||
1 | child as a parent. | ||||||
2 | U. "Interstate adoption" means the placement of a minor | ||||||
3 | child with a prospective adoptive parent for the purpose of | ||||||
4 | pursuing an adoption for that child that is subject to the | ||||||
5 | provisions of the Interstate Compact on the Placement of | ||||||
6 | Children. | ||||||
7 | V. (Blank). | ||||||
8 | W. (Blank). | ||||||
9 | X. "Legal father" of a child means a man who is recognized | ||||||
10 | as or presumed to be that child's father: | ||||||
11 | (1) because of his marriage to or civil union with the | ||||||
12 | child's parent at the time of the child's birth or within | ||||||
13 | 300 days prior to that child's birth, unless he signed a | ||||||
14 | denial of paternity pursuant to Section 12 of the Vital | ||||||
15 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
16 | or | ||||||
17 | (2) because his paternity of the child has been | ||||||
18 | established pursuant to the Illinois Parentage Act, the | ||||||
19 | Illinois Parentage Act of 1984, or the Gestational | ||||||
20 | Surrogacy Act; or | ||||||
21 | (3) because he is listed as the child's father or | ||||||
22 | parent on the child's birth certificate, unless he is | ||||||
23 | otherwise determined by an administrative or judicial | ||||||
24 | proceeding not to be the parent of the child or unless he | ||||||
25 | rescinds his acknowledgment of paternity pursuant to the | ||||||
26 | Illinois Parentage Act of 1984; or |
| |||||||
| |||||||
1 | (4) because his paternity or adoption of the child has | ||||||
2 | been established by a court of competent jurisdiction. | ||||||
3 | The definition in this subsection X shall not be construed | ||||||
4 | to provide greater or lesser rights as to the number of parents | ||||||
5 | who can be named on a final judgment order of adoption or | ||||||
6 | Illinois birth certificate that otherwise exist under Illinois | ||||||
7 | law. | ||||||
8 | Y. "Legal mother" of a child means a woman who is | ||||||
9 | recognized as or presumed to be that child's mother: | ||||||
10 | (1) because she gave birth to the child except as | ||||||
11 | provided in the Gestational Surrogacy Act; or | ||||||
12 | (2) because her maternity of the child has been | ||||||
13 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
14 | or the Gestational Surrogacy Act; or | ||||||
15 | (3) because her maternity or adoption of the child has | ||||||
16 | been established by a court of competent jurisdiction; or | ||||||
17 | (4) because of her marriage to or civil union with the | ||||||
18 | child's other parent at the time of the child's birth or | ||||||
19 | within 300 days prior to the time of birth; or | ||||||
20 | (5) because she is listed as the child's mother or | ||||||
21 | parent on the child's birth certificate unless she is | ||||||
22 | otherwise determined by an administrative or judicial | ||||||
23 | proceeding not to be the parent of the child. | ||||||
24 | The definition in this subsection Y shall not be construed | ||||||
25 | to provide greater or lesser rights as to the number of parents | ||||||
26 | who can be named on a final judgment order of adoption or |
| |||||||
| |||||||
1 | Illinois birth certificate that otherwise exist under Illinois | ||||||
2 | law. | ||||||
3 | Z. "Department" means the Illinois Department of Children | ||||||
4 | and Family Services. | ||||||
5 | AA. "Placement disruption" means a circumstance where the | ||||||
6 | child is removed from an adoptive placement before the | ||||||
7 | adoption is finalized. | ||||||
8 | BB. "Secondary placement" means a placement, including but | ||||||
9 | not limited to the placement of a youth in care as defined in | ||||||
10 | Section 4d of the Children and Family Services Act, that | ||||||
11 | occurs after a placement disruption or an adoption | ||||||
12 | dissolution. "Secondary placement" does not mean secondary | ||||||
13 | placements arising due to the death of the adoptive parent of | ||||||
14 | the child. | ||||||
15 | CC. "Adoption dissolution" means a circumstance where the | ||||||
16 | child is removed from an adoptive placement after the adoption | ||||||
17 | is finalized. | ||||||
18 | DD. "Unregulated placement" means the secondary placement | ||||||
19 | of a child that occurs without the oversight of the courts, the | ||||||
20 | Department, or a licensed child welfare agency. | ||||||
21 | EE. "Post-placement and post-adoption support services" | ||||||
22 | means support services for placed or adopted children and | ||||||
23 | families that include, but are not limited to, mental health | ||||||
24 | treatment, including counseling and other support services for | ||||||
25 | emotional, behavioral, or developmental needs, and treatment | ||||||
26 | for substance abuse. |
| |||||||
| |||||||
1 | (Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20; | ||||||
2 | 101-529, eff. 1-1-20; revised 9-17-19.)
| ||||||
3 | Section 795. The Probate Act of 1975 is amended by | ||||||
4 | changing Section 11-1 as follows:
| ||||||
5 | (755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
| ||||||
6 | Sec. 11-1. Definitions. As used in this Article: | ||||||
7 | "Administrative separation" means a parent's, legal | ||||||
8 | guardian's, legal custodian's, or primary caretaker's: (1) | ||||||
9 | arrest, detention, incarceration, removal, or deportation in | ||||||
10 | connection with federal immigration enforcement; or (2) | ||||||
11 | receipt of official communication by federal, State, or local | ||||||
12 | authorities regarding immigration enforcement that gives | ||||||
13 | reasonable notice that care and supervision of the child by | ||||||
14 | the parent, legal guardian, legal custodian, or primary | ||||||
15 | caretaker will be interrupted or cannot be provided. | ||||||
16 | "Minor" means is a person who has not
attained the age of | ||||||
17 | 18 years. A person who has attained the age of 18 years
is of | ||||||
18 | legal age for all purposes except as otherwise provided
in the | ||||||
19 | Illinois Uniform Transfers to Minors Act.
| ||||||
20 | (Source: P.A. 101-120, eff. 7-23-19; revised 9-12-19.)
| ||||||
21 | Section 800. The Illinois Residential Real Property | ||||||
22 | Transfer on Death Instrument Act is amended by changing | ||||||
23 | Section 5 as follows:
|
| |||||||
| |||||||
1 | (755 ILCS 27/5) | ||||||
2 | Sec. 5. Definitions. In this Act: | ||||||
3 | "Beneficiary" means a person that receives residential | ||||||
4 | real estate under a transfer on death instrument. | ||||||
5 | "Designated beneficiary" means a person designated to | ||||||
6 | receive residential real estate in a transfer on death | ||||||
7 | instrument. | ||||||
8 | "Joint owner" means an individual who owns residential | ||||||
9 | real estate concurrently with one or more other individuals | ||||||
10 | with a right of survivorship. The term includes a joint tenant | ||||||
11 | or a tenant by the entirety. The term does not include a tenant | ||||||
12 | in common. | ||||||
13 | "Owner" means an individual who makes a transfer on death | ||||||
14 | instrument. | ||||||
15 | "Person" means an individual, corporation, business trust, | ||||||
16 | land trust, estate, inter vivos inter-vivos revocable or | ||||||
17 | irrevocable trust, testamentary trust, partnership, limited | ||||||
18 | liability company, association, joint venture, public | ||||||
19 | corporation, government or governmental subdivision, agency, | ||||||
20 | or instrumentality, or any other legal or commercial entity. | ||||||
21 | "Residential real estate" means real property improved | ||||||
22 | with not less than one nor more than 4 residential dwelling | ||||||
23 | units; a residential condominium unit, including , but not | ||||||
24 | limited to , the common elements allocated to the exclusive use | ||||||
25 | thereof that form an integral part of the condominium unit and |
| |||||||
| |||||||
1 | any parking unit or units specified by the declaration to be | ||||||
2 | allocated to a specific residential condominium unit; or a | ||||||
3 | single tract of agriculture real estate consisting of 40 acres | ||||||
4 | or less which is improved with a single family residence. If a | ||||||
5 | declaration of condominium ownership provides for individually | ||||||
6 | owned and transferable parking units, "residential real | ||||||
7 | estate" does not include the parking unit of a specific | ||||||
8 | residential condominium unit unless the parking unit is | ||||||
9 | included in the legal description of the property being | ||||||
10 | transferred by a transfer on death instrument. | ||||||
11 | "Transfer on death instrument" means an instrument | ||||||
12 | authorized under this Act.
| ||||||
13 | (Source: P.A. 97-555, eff. 1-1-12; 98-821, eff. 1-1-15; | ||||||
14 | revised 7-16-19.)
| ||||||
15 | Section 805. The Illinois Trust Code is amended by | ||||||
16 | changing Sections 816, 913, 1005, and 1219 as follows:
| ||||||
17 | (760 ILCS 3/816)
| ||||||
18 | Sec. 816. Specific powers of trustee. Without limiting the | ||||||
19 | authority conferred by Section 815, a trustee may:
| ||||||
20 | (1) collect trust property and accept or reject | ||||||
21 | additions to the trust property from a settlor or any | ||||||
22 | other person;
| ||||||
23 | (2) acquire or sell property, for cash or on credit, | ||||||
24 | at public or private sale;
|
| |||||||
| |||||||
1 | (3) exchange, partition, or otherwise change the | ||||||
2 | character of trust property;
| ||||||
3 | (4) deposit trust money in an account in a regulated | ||||||
4 | financial-service institution;
| ||||||
5 | (5) borrow money, with or without security, and | ||||||
6 | mortgage or pledge or otherwise encumber trust property | ||||||
7 | for a period within or extending beyond the duration of | ||||||
8 | the trust;
| ||||||
9 | (6) with respect to an interest in a proprietorship, | ||||||
10 | partnership, limited liability company, business trust, | ||||||
11 | corporation, or other form of business or enterprise, | ||||||
12 | continue the business or other enterprise and take any | ||||||
13 | action that may be taken by shareholders, members, or | ||||||
14 | property owners, including merging, dissolving, pledging | ||||||
15 | other trust assets or guaranteeing a debt obligation of | ||||||
16 | the business or enterprise, or otherwise changing the form | ||||||
17 | of business organization or contributing additional | ||||||
18 | capital;
| ||||||
19 | (7) with respect to stocks or other securities, | ||||||
20 | exercise the rights of an absolute owner, including the | ||||||
21 | right to:
| ||||||
22 | (A) vote, or give proxies to vote, with or without | ||||||
23 | power of substitution, or enter into or continue a | ||||||
24 | voting trust agreement;
| ||||||
25 | (B) hold a security in the name of a nominee or in | ||||||
26 | other form without disclosure of the trust so that |
| |||||||
| |||||||
1 | title may pass by delivery;
| ||||||
2 | (C) pay calls, assessments, and other sums | ||||||
3 | chargeable or accruing against the securities, and | ||||||
4 | sell or exercise stock subscription or conversion | ||||||
5 | rights;
| ||||||
6 | (D) deposit the securities with a depository or | ||||||
7 | other regulated financial-service institution; and
| ||||||
8 | (E) participate in mergers, consolidations, | ||||||
9 | foreclosures, reorganizations, and liquidations;
| ||||||
10 | (8) with respect to an interest in real property, | ||||||
11 | construct, or make ordinary or extraordinary repairs to, | ||||||
12 | alterations to, or improvements in, buildings or other | ||||||
13 | structures, demolish improvements, raze existing or erect | ||||||
14 | new party walls or buildings, subdivide or develop land, | ||||||
15 | dedicate any interest in real estate, dedicate land to | ||||||
16 | public use or grant public or private easements, enter | ||||||
17 | into contracts relating to real estate, and make or vacate | ||||||
18 | plats and adjust boundaries;
| ||||||
19 | (9) enter into a lease for any purpose as lessor or | ||||||
20 | lessee, including a lease or other arrangement for | ||||||
21 | exploration and removal of natural resources, with or | ||||||
22 | without the option to purchase or renew, for a period | ||||||
23 | within or extending beyond the duration of the trust;
| ||||||
24 | (10) grant an option involving a sale, lease, or other | ||||||
25 | disposition of trust property or acquire an option for the | ||||||
26 | acquisition of property, including an option exercisable |
| |||||||
| |||||||
1 | beyond the duration of the trust, and exercise an option | ||||||
2 | so acquired;
| ||||||
3 | (11) insure the property of the trust against damage | ||||||
4 | or loss and insure the trustee, the trustee's agents, and | ||||||
5 | beneficiaries against liability arising from the | ||||||
6 | administration of the trust;
| ||||||
7 | (12) abandon or decline to administer property of no | ||||||
8 | value or of insufficient value to justify its collection | ||||||
9 | or continued administration;
| ||||||
10 | (13) with respect to possible liability for violation | ||||||
11 | of environmental law:
| ||||||
12 | (A) inspect or investigate property the trustee | ||||||
13 | holds or has been asked to hold, or property owned or | ||||||
14 | operated by an organization in which the trustee holds | ||||||
15 | or has been asked to hold an interest, for the purpose | ||||||
16 | of determining the application of environmental law | ||||||
17 | with respect to the property; | ||||||
18 | (B) take action to prevent, abate, or otherwise | ||||||
19 | remedy any actual or potential violation of any | ||||||
20 | environmental law affecting property held directly or | ||||||
21 | indirectly by the trustee, whether taken before or | ||||||
22 | after the assertion of a claim or the initiation of | ||||||
23 | governmental enforcement;
| ||||||
24 | (C) decline to accept property into trust or | ||||||
25 | disclaim any power with respect to property that is or | ||||||
26 | may be burdened with liability for violation of |
| |||||||
| |||||||
1 | environmental law;
| ||||||
2 | (D) compromise claims against the trust that may | ||||||
3 | be asserted for an alleged violation of environmental | ||||||
4 | law; and
| ||||||
5 | (E) pay the expense of any inspection, review, | ||||||
6 | abatement, or remedial action to comply with | ||||||
7 | environmental law;
| ||||||
8 | (14) pay, contest, prosecute, or abandon any claim, | ||||||
9 | settle a claim or charges in favor of or against the trust, | ||||||
10 | and release, in whole or in part, a claim belonging to the | ||||||
11 | trust;
| ||||||
12 | (15) pay taxes, assessments, compensation of the | ||||||
13 | trustee and of employees and agents of the trust, and | ||||||
14 | other expenses incurred in the administration of the | ||||||
15 | trust;
| ||||||
16 | (16) exercise elections with respect to federal, | ||||||
17 | state, and local taxes;
| ||||||
18 | (17) select a mode of payment under any employee | ||||||
19 | benefit or retirement plan, annuity, or life insurance | ||||||
20 | payable to the trustee, exercise rights related to the | ||||||
21 | employee benefit or retirement plan, annuity, or life | ||||||
22 | insurance payable to the trustee, including exercise the | ||||||
23 | right to indemnification for expenses and against | ||||||
24 | liabilities, and take appropriate action to collect the | ||||||
25 | proceeds;
| ||||||
26 | (18) make loans out of trust property, including loans |
| |||||||
| |||||||
1 | to a beneficiary on terms and conditions the trustee | ||||||
2 | considers to be fair and reasonable under the | ||||||
3 | circumstances, and the trustee has a lien on future | ||||||
4 | distributions for repayment of those loans;
| ||||||
5 | (19) pledge trust property to guarantee loans made by | ||||||
6 | others to the beneficiary;
| ||||||
7 | (20) appoint a trustee to act in another jurisdiction | ||||||
8 | to act as sole or co-trustee with respect to any part or | ||||||
9 | all of trust property located in the other jurisdiction, | ||||||
10 | confer upon the appointed trustee any or all of the | ||||||
11 | rights, powers, and duties of the appointing trustee, | ||||||
12 | require that the appointed trustee furnish security, and | ||||||
13 | remove any trustee so appointed;
| ||||||
14 | (21) distribute income and principal in one or more of | ||||||
15 | the following ways, without being required to see to the | ||||||
16 | application of any distribution, as the trustee believes | ||||||
17 | to be for the best interests of any beneficiary who at the | ||||||
18 | time of distribution is incapacitated or in the opinion of | ||||||
19 | the trustee is unable to manage property or business | ||||||
20 | affairs because of incapacity:
| ||||||
21 | (A) directly to the beneficiary;
| ||||||
22 | (B) to the guardian of the estate, or if none, the | ||||||
23 | guardian of the person of the beneficiary;
| ||||||
24 | (C) to a custodian for the beneficiary under any | ||||||
25 | state's Uniform Transfers to Minors Act, Uniform Gifts | ||||||
26 | to Minors Act or Uniform Custodial Trust Act, and, for |
| |||||||
| |||||||
1 | that purpose, to create a custodianship or custodial | ||||||
2 | trust;
| ||||||
3 | (D) to an adult relative of the beneficiary to be | ||||||
4 | expended on the beneficiary's behalf;
| ||||||
5 | (E) by expending the money or using the property | ||||||
6 | directly for the benefit of the beneficiary;
| ||||||
7 | (F) to a trust, created before the distribution | ||||||
8 | becomes payable, for the sole benefit of the | ||||||
9 | beneficiary and those dependent upon the beneficiary | ||||||
10 | during his or her lifetime, to be administered as a | ||||||
11 | part of the trust, except that any amount distributed | ||||||
12 | to the trust under this subparagraph (F) shall be | ||||||
13 | separately accounted for by the trustee of the trust | ||||||
14 | and shall be indefeasibly vested in the beneficiary so | ||||||
15 | that if the beneficiary dies before complete | ||||||
16 | distribution of the amounts, the amounts and the | ||||||
17 | accretions, earnings, and income, if any, shall be | ||||||
18 | paid to the beneficiary's estate, except that this | ||||||
19 | subparagraph (F) does not apply to the extent that it | ||||||
20 | would cause a trust otherwise qualifying for the | ||||||
21 | federal estate tax marital deduction not to qualify; | ||||||
22 | and
| ||||||
23 | (G) by managing it as a separate fund on the | ||||||
24 | beneficiary's behalf, subject to the beneficiary's | ||||||
25 | continuing right to withdraw the distribution;
| ||||||
26 | (22) on distribution of trust property or the division |
| |||||||
| |||||||
1 | or termination of a trust, make distributions in divided | ||||||
2 | or undivided interests, allocate particular assets in | ||||||
3 | proportionate or disproportionate shares, value the trust | ||||||
4 | property for those purposes, and adjust for resulting | ||||||
5 | differences in valuation; | ||||||
6 | (23) resolve a dispute concerning the interpretation | ||||||
7 | of the trust or its administration by judicial proceeding, | ||||||
8 | nonjudicial settlement agreement under Section 111, | ||||||
9 | mediation, arbitration, or other procedure for alternative | ||||||
10 | dispute resolution;
| ||||||
11 | (24) prosecute or defend an action, claim, or judicial | ||||||
12 | proceeding in any jurisdiction to protect trust property | ||||||
13 | and the trustee in the performance of the trustee's | ||||||
14 | duties;
| ||||||
15 | (25) execute contracts, notes, conveyances, and other | ||||||
16 | instruments that are useful to achieve or facilitate the | ||||||
17 | exercise of the trustee's powers, regardless of whether | ||||||
18 | the instruments contain covenants and warranties binding | ||||||
19 | upon and creating a charge against the trust estate or | ||||||
20 | excluding personal liability;
| ||||||
21 | (26) on termination of the trust, exercise the powers | ||||||
22 | appropriate to wind up the administration of the trust and | ||||||
23 | distribute the trust property to the persons entitled to | ||||||
24 | it;
| ||||||
25 | (27) enter into agreements for bank or other deposit | ||||||
26 | accounts, safe deposit boxes, or custodian, agency, or |
| |||||||
| |||||||
1 | depository arrangements for all or any part of the trust | ||||||
2 | estate, including, to the extent fair to the | ||||||
3 | beneficiaries, agreements for services provided by a bank | ||||||
4 | operated by or affiliated with the trustee, and to pay | ||||||
5 | reasonable compensation for those services, including, to | ||||||
6 | the extent fair to the beneficiaries, compensation to the | ||||||
7 | bank operated by or affiliated with the trustee, except | ||||||
8 | that nothing in this Section shall be construed as | ||||||
9 | removing any depository arrangements from the requirements | ||||||
10 | of the prudent investor rule;
| ||||||
11 | (28) engage attorneys, auditors, financial advisors, | ||||||
12 | and other agents and pay reasonable compensation to such | ||||||
13 | persons;
| ||||||
14 | (29) invest in or hold undivided interests in | ||||||
15 | property;
| ||||||
16 | (30) if fair to the beneficiaries, deal with the | ||||||
17 | executor, trustee, or other representative of any other | ||||||
18 | trust or estate in which a beneficiary of the trust has an | ||||||
19 | interest, even if the trustee is an executor, trustee, or | ||||||
20 | other representative of the other trust or estate;
| ||||||
21 | (31) make equitable division or distribution in cash | ||||||
22 | or in kind, or both, and for that purpose may value any | ||||||
23 | property divided or distributed in kind;
| ||||||
24 | (32) rely upon an affidavit, certificate, letter, or | ||||||
25 | other evidence reasonably believed to be genuine and on | ||||||
26 | the basis of any such evidence to make any payment or |
| |||||||
| |||||||
1 | distribution in good faith without liability;
| ||||||
2 | (33) except as otherwise directed by the court, have | ||||||
3 | all of the rights, powers, and duties given to or imposed | ||||||
4 | upon the trustee by law and the terms of the trust during | ||||||
5 | the period between the termination of the trust and the | ||||||
6 | distribution of the trust assets and during any period in | ||||||
7 | which any litigation is pending that may void or | ||||||
8 | invalidate the trust in whole or in part or affect the | ||||||
9 | rights, powers, duties, or discretions of the trustee;
| ||||||
10 | (34) plant and harvest crops; breed, raise, purchase, | ||||||
11 | and sell livestock; lease land, equipment, or livestock | ||||||
12 | for cash or on shares, purchase and sell, exchange or | ||||||
13 | otherwise acquire or dispose of farm equipment and farm | ||||||
14 | produce of all kinds; make improvements, construct, | ||||||
15 | repair, or demolish and remove any buildings, structures, | ||||||
16 | or fences, engage agents, managers, and employees and | ||||||
17 | delegate powers to them; engage in drainage and | ||||||
18 | conservation programs; terrace, clear, ditch, and drain | ||||||
19 | lands and install irrigation systems; replace improvements | ||||||
20 | and equipment; fertilize and improve the soil; engage in | ||||||
21 | the growing, improvement, and sale of trees and other | ||||||
22 | forest crops; participate or decline to participate in | ||||||
23 | governmental agricultural or land programs; and perform | ||||||
24 | such acts as the trustee deems appropriate using such | ||||||
25 | methods as are commonly employed by other farm owners in | ||||||
26 | the community in which the farm property is located;
|
| |||||||
| |||||||
1 | (35) drill, mine, and otherwise operate for the | ||||||
2 | development of oil, gas, and other minerals; enter into | ||||||
3 | contracts relating to the installation and operation of | ||||||
4 | absorption and repressuring plants; enter into unitization | ||||||
5 | or pooling agreements for any purpose including primary, | ||||||
6 | secondary, or tertiary recovery; place and maintain | ||||||
7 | pipelines pipe lines ; execute oil, gas, and mineral | ||||||
8 | leases, division and transfer orders, grants, deeds, | ||||||
9 | releases and assignments, and other instruments; | ||||||
10 | participate in a cooperative coal marketing association or | ||||||
11 | similar entity; and perform such other acts as the trustee | ||||||
12 | deems appropriate using such methods as are commonly | ||||||
13 | employed by owners of similar interests in the community | ||||||
14 | in which the interests are located;
| ||||||
15 | (36) continue an unincorporated business and | ||||||
16 | participate in its management by having the trustee or one | ||||||
17 | or more agents of the trustee act as a manager with | ||||||
18 | appropriate compensation from the business and incorporate | ||||||
19 | the business;
| ||||||
20 | (37) continue a business in the partnership form and | ||||||
21 | participate in its management by having the trustee or one | ||||||
22 | or more agents of the trustee act as a partner, limited | ||||||
23 | partner, or employee with appropriate compensation from | ||||||
24 | the business; enter into new partnership agreements and | ||||||
25 | incorporate the business; and, with respect to activities | ||||||
26 | under this paragraph (37), the trustee or the agent or |
| |||||||
| |||||||
1 | agents of the trustee shall not be personally liable to | ||||||
2 | third persons with respect to actions not sounding in tort | ||||||
3 | unless the trustee or agent fails to identify the trust | ||||||
4 | estate and disclose that the trustee or agent is acting in | ||||||
5 | a representative capacity, except that nothing in this | ||||||
6 | paragraph impairs in any way the liability of the trust | ||||||
7 | estate with respect to activities under this paragraph | ||||||
8 | (37) to the extent of the assets of the trust estate ; . | ||||||
9 | (38) Release, by means of any written renunciation, | ||||||
10 | relinquishment, surrender, refusal to accept, | ||||||
11 | extinguishment, and any other form of release, any power | ||||||
12 | granted to the trustee by applicable law or the terms of a | ||||||
13 | trust and held by such trustee in its fiduciary capacity, | ||||||
14 | including any power to invade property, any power to | ||||||
15 | alter, amend, or revoke any instrument, whether or not | ||||||
16 | such release causes a termination of any right or interest | ||||||
17 | thereunder, and any power remaining where one or more | ||||||
18 | partial releases have heretofore or hereafter been made | ||||||
19 | with respect to such power, whether heretofore or | ||||||
20 | hereafter created or reserved as to: (i) any property that | ||||||
21 | is subject thereto; (ii) any one or more of the objects | ||||||
22 | thereof; or (iii) limit in any other respect the extent to | ||||||
23 | which it may be exercised. The release may be permanent or | ||||||
24 | applicable only for a specific time and may apply only to | ||||||
25 | the trustee executing the release or the trustee and all | ||||||
26 | future trustees, successor trustees, and co-trustees of |
| |||||||
| |||||||
1 | the trust acting at any time or from time to time.
| ||||||
2 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
3 | (760 ILCS 3/913)
| ||||||
4 | Sec. 913. Life insurance. | ||||||
5 | (a) Notwithstanding any other provision, the duties of a | ||||||
6 | trustee with respect to acquiring or retaining as a trust | ||||||
7 | asset a contract of insurance upon the life of the settlor, | ||||||
8 | upon the lives of the settlor and the settlor's spouse, or upon | ||||||
9 | the life of any person for which the trustee has an insurable | ||||||
10 | interest in accordance with Section 113, do not include any of | ||||||
11 | the following duties:
| ||||||
12 | (1) to determine whether any contract of life | ||||||
13 | insurance in the trust, or to be acquired by the trust, is | ||||||
14 | or remains a proper investment, including, without | ||||||
15 | limitation, with respect to:
| ||||||
16 | (A) the type of insurance contract;
| ||||||
17 | (B) the quality of the insurance contract;
| ||||||
18 | (C) the quality of the insurance company;
or | ||||||
19 | (D) the investments held within the insurance | ||||||
20 | contract ; . | ||||||
21 | (2) to diversify the investment among different | ||||||
22 | policies or insurers, among available asset classes, or | ||||||
23 | within an insurance contract;
| ||||||
24 | (3) to inquire about or investigate into the health or | ||||||
25 | financial condition of an insured;
|
| |||||||
| |||||||
1 | (4) to prevent the lapse of a life insurance contract | ||||||
2 | if the trust does not receive contributions or hold other | ||||||
3 | readily marketable assets to pay the life insurance | ||||||
4 | contract premiums; or
| ||||||
5 | (5) to exercise any policy options, rights, or | ||||||
6 | privileges available under any contract of life insurance | ||||||
7 | in the trust, including any right to borrow the cash value | ||||||
8 | or reserve of the policy, acquire a paid-up policy, or | ||||||
9 | convert to a different policy.
| ||||||
10 | (b) The trustee is not liable to the beneficiaries of the | ||||||
11 | trust, the beneficiaries of the contract of insurance, or to | ||||||
12 | any other party for loss arising from the absence of these | ||||||
13 | duties regarding insurance contracts under this Section.
| ||||||
14 | (c) This Section applies to an irrevocable trust created | ||||||
15 | after the effective date of this Code or to a revocable trust | ||||||
16 | that becomes irrevocable after the effective date of this | ||||||
17 | Code. The trustee of a trust described under this Section | ||||||
18 | established before the effective date of this Code shall | ||||||
19 | notify the settlor in writing that, unless the settlor | ||||||
20 | provides written notice to the contrary to the trustee within | ||||||
21 | 90 days of the trustee's notice, this Section applies to the | ||||||
22 | trust. This Section does not apply if, within 90 days of the | ||||||
23 | trustee's notice, the settlor notifies the trustee in writing | ||||||
24 | that this Section does not apply. If the settlor is deceased, | ||||||
25 | then the trustee shall give notice to all of the legally | ||||||
26 | competent current beneficiaries, and this Section applies to |
| |||||||
| |||||||
1 | the trust unless the majority of the beneficiaries notify the | ||||||
2 | trustee to the contrary in writing within 90 days of the | ||||||
3 | trustee's notice.
| ||||||
4 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
5 | (760 ILCS 3/1005)
| ||||||
6 | Sec. 1005. Limitation on action against trustee. | ||||||
7 | (a) A beneficiary may not commence a proceeding against a | ||||||
8 | trustee for breach of trust for any matter disclosed in | ||||||
9 | writing by a trust accounting, or otherwise as provided in | ||||||
10 | Sections 813.1, 813.2, and Section 1102, after the date on | ||||||
11 | which the disclosure becomes binding upon the beneficiary as | ||||||
12 | provided below:
| ||||||
13 | (1) With respect to a trust that becomes irrevocable | ||||||
14 | after the effective date of this Code and to trustees | ||||||
15 | accepting appointment after the effective date of this | ||||||
16 | Code, a matter disclosed in writing by a trust accounting | ||||||
17 | or otherwise pursuant to Section 813.1 and Section 1102 is | ||||||
18 | binding on each person who receives the information and | ||||||
19 | each person represented as provided in Article 3 by a | ||||||
20 | person who receives the information, and all of the | ||||||
21 | person's respective successors, representatives, heirs, | ||||||
22 | and assigns, unless an action against the trustee is | ||||||
23 | instituted within 2 years after the date the information | ||||||
24 | is furnished. A trust accounting or other communication | ||||||
25 | adequately discloses the existence of a potential claim |
| |||||||
| |||||||
1 | for breach of trust if it provides sufficient information | ||||||
2 | so that the person entitled to receive the information | ||||||
3 | knows of the potential claim or should have inquired into | ||||||
4 | its existence.
| ||||||
5 | (2) With respect to a trust that became irrevocable | ||||||
6 | before the effective date of this Code or a trustee that | ||||||
7 | accepted appointment before the effective date of this | ||||||
8 | Code, a current account is binding on each beneficiary | ||||||
9 | receiving the account and on the beneficiary's heirs and | ||||||
10 | assigns unless an action against the trustee is instituted | ||||||
11 | by the beneficiary or the beneficiary's heirs and assigns | ||||||
12 | within 3 years after the date the current account is | ||||||
13 | furnished, and a final accounting is binding on each | ||||||
14 | beneficiary receiving the final accounting and all persons | ||||||
15 | claiming by or through the beneficiary, unless an action | ||||||
16 | against the trustee is instituted by the beneficiary or | ||||||
17 | person claiming by or through him or her within 3 years | ||||||
18 | after the date the final account is furnished. If the | ||||||
19 | account is provided to the representative of the estate of | ||||||
20 | the beneficiary or to a spouse, parent, adult child, or | ||||||
21 | guardian of the person of the beneficiary, the account is | ||||||
22 | binding on the beneficiary unless an action is instituted | ||||||
23 | against the trustee by the representative of the estate of | ||||||
24 | the beneficiary or by the spouse, parent, adult child, or | ||||||
25 | guardian of the person to whom the account is furnished | ||||||
26 | within 3 years after the date it is furnished. |
| |||||||
| |||||||
1 | (3) Notwithstanding paragraphs (1) and (2), with | ||||||
2 | respect to trust estates that terminated and were | ||||||
3 | distributed 10 years or less before January 1, 1988, the | ||||||
4 | final account furnished to the beneficiaries entitled to | ||||||
5 | distribution of the trust estate is binding on the | ||||||
6 | beneficiaries receiving the final account, and all persons | ||||||
7 | claiming by or through them, unless an action against the | ||||||
8 | trustee is instituted by the beneficiary or person | ||||||
9 | claiming by or through him or her within 5 years after | ||||||
10 | January 1, 1988 or within 10 years after the date the final | ||||||
11 | account was furnished, whichever is longer.
| ||||||
12 | (4) Notwithstanding paragraphs (1), (2) and (3), with | ||||||
13 | respect to trust estates that terminated and were | ||||||
14 | distributed more than 10 years before January 1, 1988, the | ||||||
15 | final account furnished to the beneficiaries entitled to | ||||||
16 | distribution of the trust estate is binding on the | ||||||
17 | beneficiaries receiving the final account, and all persons | ||||||
18 | claiming by or through them, unless an action against the | ||||||
19 | trustee is instituted by the beneficiary or person | ||||||
20 | claiming by or through him or her within 2 years after | ||||||
21 | January 1, 1988.
| ||||||
22 | (b) Unless barred earlier under subsection (a), a judicial | ||||||
23 | proceeding by a beneficiary against a trustee for breach of | ||||||
24 | trust must be commenced within 5 years after the first to occur | ||||||
25 | of:
| ||||||
26 | (1) the removal, resignation, or death of the trustee;
|
| |||||||
| |||||||
1 | (2) the termination of the beneficiary's interest in | ||||||
2 | the trust; or
| ||||||
3 | (3) the termination of the trust.
| ||||||
4 | (c) Notwithstanding any other provision of this Section, a | ||||||
5 | beneficiary may bring any action against the trustee for | ||||||
6 | fraudulent concealment within the time limit set forth in | ||||||
7 | Section 13-215 of the Code of Civil Procedure.
| ||||||
8 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
9 | (760 ILCS 3/1219)
| ||||||
10 | Sec. 1219. Tax-related limitations. | ||||||
11 | (a) In this Section:
| ||||||
12 | (1) "Grantor trust" means a trust as to which a | ||||||
13 | settlor of a first trust is considered the owner under | ||||||
14 | Sections 671 through 677 of the Internal Revenue Code or | ||||||
15 | Section 679 of the Internal Revenue Code.
| ||||||
16 | (2) "Nongrantor trust" means a trust that is not a | ||||||
17 | grantor trust.
| ||||||
18 | (3) "Qualified benefits property" means property | ||||||
19 | subject to the minimum distribution requirements of | ||||||
20 | Section 401(a)(9) of the Internal Revenue Code, and any | ||||||
21 | applicable regulations, or to any similar requirements | ||||||
22 | that refer to Section 401(a)(9) of the Internal Revenue | ||||||
23 | Code or the regulations.
| ||||||
24 | (b) An exercise of the decanting power is subject to the | ||||||
25 | following limitations:
|
| |||||||
| |||||||
1 | (1) If a first trust contains property that qualified, | ||||||
2 | or would have qualified but for provisions of this Article | ||||||
3 | other than this Section, for a marital deduction for | ||||||
4 | purposes of the gift or estate tax under the Internal | ||||||
5 | Revenue Code or a state gift, estate, or inheritance tax, | ||||||
6 | the second-trust instrument must not include or omit any | ||||||
7 | term that, if included in or omitted from the trust | ||||||
8 | instrument for the trust to which the property was | ||||||
9 | transferred, would have prevented the transfer from | ||||||
10 | qualifying for the deduction, or would have reduced the | ||||||
11 | amount of the deduction, under the same provisions of the | ||||||
12 | Internal Revenue Code or state law under which the | ||||||
13 | transfer qualified.
| ||||||
14 | (2) If the first trust contains property that | ||||||
15 | qualified, or would have qualified but for provisions of | ||||||
16 | this Article other than this Section, for a charitable | ||||||
17 | deduction for purposes of the income, gift, or estate tax | ||||||
18 | under the Internal Revenue Code or a state income, gift, | ||||||
19 | estate, or inheritance tax, the second-trust instrument | ||||||
20 | must not include or omit any term that, if included in or | ||||||
21 | omitted from the trust instrument for the trust to which | ||||||
22 | the property was transferred, would have prevented the | ||||||
23 | transfer from qualifying for the deduction, or would have | ||||||
24 | reduced the amount of the deduction, under the same | ||||||
25 | provisions of the Internal Revenue Code or state law under | ||||||
26 | which the transfer qualified.
|
| |||||||
| |||||||
1 | (3) If the first trust contains property that | ||||||
2 | qualified, or would have qualified but for provisions of | ||||||
3 | this Article other than this Section, for the exclusion | ||||||
4 | from the gift tax described in Section 2503(b) of the | ||||||
5 | Internal Revenue Code, the second-trust instrument must | ||||||
6 | not include or omit a term that, if included in or omitted | ||||||
7 | from the trust instrument for the trust to which the | ||||||
8 | property was transferred, would have prevented the | ||||||
9 | transfer from qualifying under the same provision of | ||||||
10 | Section 2503 of the Internal Revenue Code. If the first | ||||||
11 | trust contains property that qualified, or would have | ||||||
12 | qualified but for provisions of this Article other than | ||||||
13 | this Section, for the exclusion from the gift tax | ||||||
14 | described in Section 2503(b) of the Internal Revenue Code, | ||||||
15 | by application of Section 2503(c) of the Internal Revenue | ||||||
16 | Code, the second-trust instrument must not include or omit | ||||||
17 | a term that, if included or omitted from the trust | ||||||
18 | instrument for the trust to which the property was | ||||||
19 | transferred, would have prevented the transfer from | ||||||
20 | qualifying under Section 2503(c) of the Internal Revenue | ||||||
21 | Code.
| ||||||
22 | (4) If the property of the first trust includes shares | ||||||
23 | of stock in an S corporation, as defined in Section 1361 of | ||||||
24 | the Internal Revenue Code and the first trust is, or but | ||||||
25 | for provisions of this Article other than this Section | ||||||
26 | would be, a permitted shareholder under any provision of |
| |||||||
| |||||||
1 | Section 1361 of the Internal Revenue Code, an authorized | ||||||
2 | fiduciary may exercise the power with respect to part or | ||||||
3 | all of the S corporation S-corporation stock only if any | ||||||
4 | second trust receiving the stock is a permitted | ||||||
5 | shareholder under Section 1361(c)(2) of the Internal | ||||||
6 | Revenue Code. If the property of the first trust includes | ||||||
7 | shares of stock in an S corporation and the first trust is, | ||||||
8 | or but for provisions of this Article other than this | ||||||
9 | Section, would be, a qualified subchapter S subchapter-S | ||||||
10 | trust within the meaning of Section 1361(d) of the | ||||||
11 | Internal Revenue Code, the second-trust instrument must | ||||||
12 | not include or omit a term that prevents the second trust | ||||||
13 | from qualifying as a qualified subchapter S subchapter-S | ||||||
14 | trust.
| ||||||
15 | (5) If the first trust contains property that | ||||||
16 | qualified, or would have qualified but for provisions of | ||||||
17 | this Article other than this Section, for a zero inclusion | ||||||
18 | ratio for purposes of the generation-skipping transfer tax | ||||||
19 | under Section 2642(c) of the Internal Revenue Code the | ||||||
20 | second-trust instrument must not include or omit a term | ||||||
21 | that, if included in or omitted from the first-trust | ||||||
22 | instrument, would have prevented the transfer to the first | ||||||
23 | trust from qualifying for a zero inclusion ratio under | ||||||
24 | Section 2642(a) of the Internal Revenue Code.
| ||||||
25 | (6) If the first trust is directly or indirectly the | ||||||
26 | beneficiary of qualified benefits property, the |
| |||||||
| |||||||
1 | second-trust instrument may not include or omit any term | ||||||
2 | that, if included in or omitted from the first-trust | ||||||
3 | instrument, would have increased the minimum distributions | ||||||
4 | required with respect to the qualified benefits property | ||||||
5 | under Section 401(a)(9) of the Internal Revenue Code and | ||||||
6 | any applicable regulations, or any similar requirements | ||||||
7 | that refer to Section 401(a)(9) of the Internal Revenue | ||||||
8 | Code or the regulations. If an attempted exercise of the | ||||||
9 | decanting power violates the preceding sentence, the | ||||||
10 | trustee is deemed to have held the qualified benefits | ||||||
11 | property and any reinvested distributions of the property | ||||||
12 | as a separate share from the date of the exercise of the | ||||||
13 | power and Section 1222 applies to the separate share.
| ||||||
14 | (7) If the first trust qualifies as a grantor trust | ||||||
15 | because of the application of Section 672(f)(2)(A) of the | ||||||
16 | Internal Revenue Code the second trust may not include or | ||||||
17 | omit a term that, if included in or omitted from the | ||||||
18 | first-trust instrument, would have prevented the first | ||||||
19 | trust from qualifying under Section 672(f)(2)(A) of the | ||||||
20 | Internal Revenue Code.
| ||||||
21 | (8) In this paragraph (8), "tax benefit" means a | ||||||
22 | federal or state tax deduction, exemption, exclusion, or | ||||||
23 | other benefit not otherwise listed in this Section, except | ||||||
24 | for a benefit arising from being a grantor trust. Subject | ||||||
25 | to paragraph (9) of this subsection (b), a second-trust | ||||||
26 | instrument may not include or omit a term that, if |
| |||||||
| |||||||
1 | included in or omitted from the first-trust instrument, | ||||||
2 | would have prevented qualification for a tax benefit if: | ||||||
3 | (A) the first-trust instrument expressly indicates | ||||||
4 | an intent to qualify for the benefit or the | ||||||
5 | first-trust instrument clearly is designed to enable | ||||||
6 | the first trust to qualify for the benefit; and | ||||||
7 | (B) the transfer of property held by the first | ||||||
8 | trust or the first trust qualified, or but for | ||||||
9 | provisions of this Article other than this Section, | ||||||
10 | would have qualified for the tax benefit.
| ||||||
11 | (9) Subject to paragraph (4) of this subsection (b):
| ||||||
12 | (A) except as otherwise provided in paragraph (7) | ||||||
13 | of this subsection (b), the second trust may be a | ||||||
14 | nongrantor trust, even if the first trust is a grantor | ||||||
15 | trust; and
| ||||||
16 | (B) except as otherwise provided in paragraph (10) | ||||||
17 | of this subsection (b), the second trust may be a | ||||||
18 | grantor trust, even if the first trust is a nongrantor | ||||||
19 | trust.
| ||||||
20 | (10) An authorized fiduciary may not exercise the | ||||||
21 | decanting power if a settlor objects in a signed record | ||||||
22 | delivered to the fiduciary within the notice period and: | ||||||
23 | (A) the first trust and second trusts are both | ||||||
24 | grantor trusts, in whole or in part, the first trust | ||||||
25 | grants the settlor or another person the power to | ||||||
26 | cause the second trust to cease to be a grantor trust, |
| |||||||
| |||||||
1 | and the second trust does not grant an equivalent | ||||||
2 | power to the settlor or other person; or
| ||||||
3 | (B) the first trust is a nongrantor trust and the | ||||||
4 | second trust is a grantor trust, in whole or in part, | ||||||
5 | with respect to the settlor, unless:
| ||||||
6 | (i) the settlor has the power at all times to | ||||||
7 | cause the second trust to cease to be a grantor | ||||||
8 | trust; or
| ||||||
9 | (ii) the first-trust instrument contains a | ||||||
10 | provision granting the settlor or another person a | ||||||
11 | power that would cause the first trust to cease to | ||||||
12 | be a grantor trust and the second-trust instrument | ||||||
13 | contains the same provision.
| ||||||
14 | (Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
| ||||||
15 | Section 810. The Charitable Trust Act is amended by | ||||||
16 | changing Section 1 as follows:
| ||||||
17 | (760 ILCS 55/1) (from Ch. 14, par. 51)
| ||||||
18 | Sec. 1. This Act may be cited as the Charitable Trust Act. | ||||||
19 | (Source: Laws 1961, p. 2094; revised 7-16-19.)
| ||||||
20 | Section 815. The Mobile Home Landlord and Tenant Rights | ||||||
21 | Act is amended by changing Section 16 as follows:
| ||||||
22 | (765 ILCS 745/16) (from Ch. 80, par. 216)
|
| |||||||
| |||||||
1 | Sec. 16. Improper grounds for eviction. The following | ||||||
2 | conduct by a tenant
shall not constitute grounds for eviction | ||||||
3 | or termination of the lease,
nor shall an eviction order be | ||||||
4 | entered against a tenant:
| ||||||
5 | (a) As a reprisal for the tenant's effort to secure or | ||||||
6 | enforce any rights
under the lease or the laws of the State | ||||||
7 | of Illinois, or its governmental
subdivisions of the | ||||||
8 | United States;
| ||||||
9 | (b) As a reprisal for the tenant's good faith | ||||||
10 | complaint to a governmental
authority of the park owner's | ||||||
11 | alleged violation of any health or safety
law, regulation, | ||||||
12 | code or ordinance, or State law or regulation which has
as | ||||||
13 | its objective the regulation of premises used for dwelling | ||||||
14 | purposes;
| ||||||
15 | (c) As a reprisal for the tenant's being an organizer | ||||||
16 | or member of, or
involved in any activities relative to a | ||||||
17 | homeowners' home owners association;
| ||||||
18 | (d) As a reprisal for or on the basis of the tenant's | ||||||
19 | immigration or citizenship status. | ||||||
20 | (Source: P.A. 100-173, eff. 1-1-18; 101-439, eff. 8-21-19; | ||||||
21 | revised 9-4-20.)
| ||||||
22 | Section 820. The Illinois Trade Secrets Act is amended by | ||||||
23 | changing Section 6 as follows:
| ||||||
24 | (765 ILCS 1065/6) (from Ch. 140, par. 356)
|
| |||||||
| |||||||
1 | Sec. 6.
In an action under this Act, a court shall preserve | ||||||
2 | the
secrecy of an alleged trade secret by reasonable means, | ||||||
3 | which may include
granting protective orders in connection | ||||||
4 | with discovery proceedings,
holding in camera in-camera | ||||||
5 | hearings, sealing the records of the action, and ordering
any | ||||||
6 | person involved in the litigation not to disclose an alleged | ||||||
7 | trade
secret without prior court approval.
| ||||||
8 | (Source: P.A. 85-366; revised 7-16-19.)
| ||||||
9 | Section 825. The Illinois Human Rights Act is amended by | ||||||
10 | changing Sections 1-103, 2-101, 2-108, 6-102, 7A-102, and | ||||||
11 | 7A-103 as follows:
| ||||||
12 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
13 | Sec. 1-103. General definitions. When used in this Act, | ||||||
14 | unless the
context requires otherwise, the term:
| ||||||
15 | (A) Age. "Age" means the chronological age of a person who | ||||||
16 | is at least
40 years old, except with regard to any practice | ||||||
17 | described in Section
2-102, insofar as that practice concerns | ||||||
18 | training or apprenticeship
programs. In the case of training | ||||||
19 | or apprenticeship programs, for the
purposes of Section 2-102, | ||||||
20 | "age" means the chronological age of a person
who is 18 but not | ||||||
21 | yet 40 years old.
| ||||||
22 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
23 | is alleged
or proved to have been injured by a civil rights | ||||||
24 | violation or believes he
or she will be injured by a civil |
| |||||||
| |||||||
1 | rights violation under Article 3 that is
about to occur.
| ||||||
2 | (B-5) Arrest record. "Arrest record" means: | ||||||
3 | (1) an arrest not leading to a conviction; | ||||||
4 | (2) a juvenile record; or | ||||||
5 | (3) criminal history record information ordered | ||||||
6 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
7 | Criminal Identification Act. | ||||||
8 | (C) Charge. "Charge" means an allegation filed with the | ||||||
9 | Department
by an aggrieved party or initiated by the | ||||||
10 | Department under its
authority.
| ||||||
11 | (D) Civil rights violation. "Civil rights violation" | ||||||
12 | includes and
shall be limited to only those specific acts set | ||||||
13 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
14 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
15 | 6-101, and 6-102 of this Act.
| ||||||
16 | (E) Commission. "Commission" means the Human Rights | ||||||
17 | Commission
created by this Act.
| ||||||
18 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
19 | by
the Department with the Commission following an | ||||||
20 | investigation and
finding of substantial evidence of a civil | ||||||
21 | rights violation.
| ||||||
22 | (G) Complainant. "Complainant" means a person including | ||||||
23 | the
Department who files a charge of civil rights violation | ||||||
24 | with the Department or
the Commission.
| ||||||
25 | (H) Department. "Department" means the Department of Human | ||||||
26 | Rights
created by this Act.
|
| |||||||
| |||||||
1 | (I) Disability. "Disability" means a determinable physical | ||||||
2 | or mental
characteristic of a person, including, but not | ||||||
3 | limited to, a determinable
physical characteristic which | ||||||
4 | necessitates the person's use of a guide,
hearing or support | ||||||
5 | dog, the history of such characteristic, or the
perception of | ||||||
6 | such characteristic by the person complained against, which
| ||||||
7 | may result from disease, injury, congenital condition of birth | ||||||
8 | or
functional disorder and which characteristic:
| ||||||
9 | (1) For purposes of Article 2, is unrelated to the | ||||||
10 | person's ability
to perform the duties of a particular job | ||||||
11 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
12 | person's illegal use of drugs or alcohol is not a
| ||||||
13 | disability;
| ||||||
14 | (2) For purposes of Article 3, is unrelated to the | ||||||
15 | person's ability
to acquire, rent, or maintain a housing | ||||||
16 | accommodation;
| ||||||
17 | (3) For purposes of Article 4, is unrelated to a | ||||||
18 | person's ability to
repay;
| ||||||
19 | (4) For purposes of Article 5, is unrelated to a | ||||||
20 | person's ability to
utilize and benefit from a place of | ||||||
21 | public accommodation;
| ||||||
22 | (5) For purposes of Article 5, also includes any | ||||||
23 | mental, psychological, or developmental disability, | ||||||
24 | including autism spectrum disorders. | ||||||
25 | (J) Marital status. "Marital status" means the legal | ||||||
26 | status of being
married, single, separated, divorced, or |
| |||||||
| |||||||
1 | widowed.
| ||||||
2 | (J-1) Military status. "Military status" means a person's | ||||||
3 | status on
active duty in or status as a veteran of the armed | ||||||
4 | forces of the United States, status as a current member or | ||||||
5 | veteran of any
reserve component of the armed forces of the | ||||||
6 | United States, including the United
States Army Reserve, | ||||||
7 | United States Marine Corps Reserve, United States Navy
| ||||||
8 | Reserve, United States Air Force Reserve, and United States | ||||||
9 | Coast Guard
Reserve, or status as a current member or veteran | ||||||
10 | of the Illinois Army National Guard or Illinois Air National
| ||||||
11 | Guard.
| ||||||
12 | (K) National origin. "National origin" means the place in | ||||||
13 | which a
person or one of his or her ancestors was born.
| ||||||
14 | (K-5) "Order of protection status" means a person's status | ||||||
15 | as being a person protected under an order of protection | ||||||
16 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
17 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
18 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
19 | Act, or an order of protection issued by a court of another | ||||||
20 | state. | ||||||
21 | (L) Person. "Person" includes one or more individuals, | ||||||
22 | partnerships,
associations or organizations, labor | ||||||
23 | organizations, labor unions, joint
apprenticeship committees, | ||||||
24 | or union labor associations, corporations, the
State of | ||||||
25 | Illinois and its instrumentalities, political subdivisions, | ||||||
26 | units
of local government, legal representatives, trustees in |
| |||||||
| |||||||
1 | bankruptcy
or receivers.
| ||||||
2 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
3 | or medical or common conditions related to pregnancy or | ||||||
4 | childbirth. | ||||||
5 | (M) Public contract. "Public contract" includes every | ||||||
6 | contract to which the
State, any of its political | ||||||
7 | subdivisions, or any municipal corporation is a
party.
| ||||||
8 | (N) Religion. "Religion" includes all aspects of religious | ||||||
9 | observance
and practice, as well as belief, except that with | ||||||
10 | respect to employers, for
the purposes of Article 2, | ||||||
11 | "religion" has the meaning ascribed to it in
paragraph (F) of | ||||||
12 | Section 2-101.
| ||||||
13 | (O) Sex. "Sex" means the status of being male or female.
| ||||||
14 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
15 | actual or
perceived heterosexuality, homosexuality, | ||||||
16 | bisexuality, or gender-related identity,
whether or not | ||||||
17 | traditionally associated with the person's designated sex at
| ||||||
18 | birth. "Sexual orientation" does not include a physical or | ||||||
19 | sexual attraction to a minor by an adult.
| ||||||
20 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
21 | discharge"
includes discharges from the Armed Forces of the | ||||||
22 | United States, their
Reserve components, or any National Guard | ||||||
23 | or Naval Militia which are
classified as RE-3 or the | ||||||
24 | equivalent thereof, but does not include those
characterized | ||||||
25 | as RE-4 or "Dishonorable".
| ||||||
26 | (Q) Unlawful discrimination. "Unlawful discrimination" |
| |||||||
| |||||||
1 | means discrimination
against a person because of his or her | ||||||
2 | actual or perceived: race, color, religion, national origin,
| ||||||
3 | ancestry, age, sex, marital status, order of protection | ||||||
4 | status, disability, military status, sexual
orientation, | ||||||
5 | pregnancy,
or unfavorable
discharge from military service as | ||||||
6 | those terms are defined in this Section.
| ||||||
7 | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
8 | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| ||||||
9 | (775 ILCS 5/2-101)
| ||||||
10 | Sec. 2-101. Definitions. The following definitions are | ||||||
11 | applicable
strictly in the context of this Article.
| ||||||
12 | (A) Employee.
| ||||||
13 | (1) "Employee" includes:
| ||||||
14 | (a) Any individual performing services for | ||||||
15 | remuneration within this
State for an employer;
| ||||||
16 | (b) An apprentice;
| ||||||
17 | (c) An applicant for any apprenticeship.
| ||||||
18 | For purposes of subsection (D) of Section 2-102 of | ||||||
19 | this Act, "employee" also includes an unpaid intern. An | ||||||
20 | unpaid intern is a person who performs work for an | ||||||
21 | employer under the following circumstances: | ||||||
22 | (i) the employer is not committed to hiring the | ||||||
23 | person performing the work at the conclusion of the | ||||||
24 | intern's tenure; | ||||||
25 | (ii) the employer and the person performing the |
| |||||||
| |||||||
1 | work agree that the person is not entitled to wages for | ||||||
2 | the work performed; and | ||||||
3 | (iii) the work performed: | ||||||
4 | (I) supplements training given in an | ||||||
5 | educational environment that may enhance the | ||||||
6 | employability of the intern; | ||||||
7 | (II) provides experience for the benefit of | ||||||
8 | the person performing the work; | ||||||
9 | (III) does not displace regular employees; | ||||||
10 | (IV) is performed under the close supervision | ||||||
11 | of existing staff; and | ||||||
12 | (V) provides no immediate advantage to the | ||||||
13 | employer providing the training and may
| ||||||
14 | occasionally impede the operations of the | ||||||
15 | employer. | ||||||
16 | (2) "Employee" does not include:
| ||||||
17 | (a) (Blank);
| ||||||
18 | (b) Individuals employed by persons who are not | ||||||
19 | "employers" as
defined by this Act;
| ||||||
20 | (c) Elected public officials or the members of | ||||||
21 | their immediate
personal staffs;
| ||||||
22 | (d) Principal administrative officers of the State | ||||||
23 | or of any
political subdivision, municipal corporation | ||||||
24 | or other governmental unit
or agency;
| ||||||
25 | (e) A person in a vocational rehabilitation | ||||||
26 | facility certified under
federal law who has been |
| |||||||
| |||||||
1 | designated an evaluee, trainee, or work
activity | ||||||
2 | client.
| ||||||
3 | (B) Employer.
| ||||||
4 | (1) "Employer" includes:
| ||||||
5 | (a) Any person employing one or more employees | ||||||
6 | within Illinois during
20 or more calendar weeks | ||||||
7 | within the calendar year of or preceding the alleged
| ||||||
8 | violation;
| ||||||
9 | (b) Any person employing one or more employees | ||||||
10 | when a complainant
alleges civil rights violation due | ||||||
11 | to unlawful discrimination based
upon his or her | ||||||
12 | physical or mental disability unrelated to ability, | ||||||
13 | pregnancy, or
sexual harassment;
| ||||||
14 | (c) The State and any political subdivision, | ||||||
15 | municipal corporation
or other governmental unit or | ||||||
16 | agency, without regard to the number of
employees;
| ||||||
17 | (d) Any party to a public contract without regard | ||||||
18 | to the number of
employees;
| ||||||
19 | (e) A joint apprenticeship or training committee | ||||||
20 | without regard to the
number of employees.
| ||||||
21 | (2) "Employer" does not include any place of worship, | ||||||
22 | religious corporation,
association, educational | ||||||
23 | institution, society, or non-profit nursing
institution | ||||||
24 | conducted by and for those who rely upon treatment by | ||||||
25 | prayer
through spiritual means in accordance with the | ||||||
26 | tenets of a recognized
church or religious denomination |
| |||||||
| |||||||
1 | with respect to the employment of
individuals of a | ||||||
2 | particular religion to perform work connected with the
| ||||||
3 | carrying on by such place of worship, corporation, | ||||||
4 | association, educational institution,
society or | ||||||
5 | non-profit nursing institution of its activities.
| ||||||
6 | (C) Employment Agency. "Employment Agency" includes both | ||||||
7 | public and
private employment agencies and any person, labor | ||||||
8 | organization, or labor
union having a hiring hall or hiring | ||||||
9 | office regularly undertaking, with
or without compensation, to | ||||||
10 | procure opportunities to work, or to
procure, recruit, refer | ||||||
11 | or place employees.
| ||||||
12 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
13 | organization, labor union, craft union, or any voluntary | ||||||
14 | unincorporated
association designed to further the cause of | ||||||
15 | the rights of union labor
which is constituted for the | ||||||
16 | purpose, in whole or in part, of collective
bargaining or of | ||||||
17 | dealing with employers concerning grievances, terms or
| ||||||
18 | conditions of employment, or apprenticeships or applications | ||||||
19 | for
apprenticeships, or of other mutual aid or protection in | ||||||
20 | connection with
employment, including apprenticeships or | ||||||
21 | applications for apprenticeships.
| ||||||
22 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
23 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
24 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
25 | is made either explicitly or implicitly
a term or condition of | ||||||
26 | an individual's employment, (2) submission to or
rejection of |
| |||||||
| |||||||
1 | such conduct by an individual is used as the basis for
| ||||||
2 | employment decisions affecting such individual, or (3) such | ||||||
3 | conduct has the
purpose or effect of substantially interfering | ||||||
4 | with an individual's work
performance or creating an | ||||||
5 | intimidating, hostile or offensive working
environment.
| ||||||
6 | For purposes of this definition, the phrase "working | ||||||
7 | environment" is not limited to a physical location an employee | ||||||
8 | is assigned to perform his or her duties. | ||||||
9 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
10 | on the basis of an individual's actual or perceived race, | ||||||
11 | color, religion, national origin, ancestry, age, sex, marital | ||||||
12 | status, order of protection status, disability, military | ||||||
13 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
14 | from military service, or citizenship status that has the | ||||||
15 | purpose or effect of substantially interfering with the | ||||||
16 | individual's work performance or creating an intimidating, | ||||||
17 | hostile, or offensive working environment. For purposes of | ||||||
18 | this definition, the phrase "working environment" is not | ||||||
19 | limited to a physical location an employee is assigned to | ||||||
20 | perform his or her duties. | ||||||
21 | (F) Religion. "Religion" with respect to employers | ||||||
22 | includes all
aspects of religious observance and practice, as | ||||||
23 | well as belief, unless an
employer demonstrates that he is | ||||||
24 | unable to reasonably accommodate an
employee's or prospective | ||||||
25 | employee's religious observance or practice
without undue | ||||||
26 | hardship on the conduct of the employer's business.
|
| |||||||
| |||||||
1 | (G) Public Employer. "Public employer" means the State, an | ||||||
2 | agency or
department thereof, unit of local government, school | ||||||
3 | district,
instrumentality or political subdivision.
| ||||||
4 | (H) Public Employee. "Public employee" means an employee | ||||||
5 | of the State,
agency or department thereof, unit of local | ||||||
6 | government, school district,
instrumentality or political | ||||||
7 | subdivision. "Public employee" does not include
public | ||||||
8 | officers or employees of the General Assembly or agencies | ||||||
9 | thereof.
| ||||||
10 | (I) Public Officer. "Public officer" means a person who is | ||||||
11 | elected to
office pursuant to the Constitution or a statute or | ||||||
12 | ordinance, or who is
appointed to an office which is | ||||||
13 | established, and the qualifications and
duties of which are | ||||||
14 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
15 | discharge a public duty for the State, agency or department
| ||||||
16 | thereof, unit of local government, school district, | ||||||
17 | instrumentality or
political subdivision.
| ||||||
18 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
19 | prior to contract award or prior to bid opening for State | ||||||
20 | contracts for construction or construction-related services, | ||||||
21 | has filed with the Department a properly completed, sworn and
| ||||||
22 | currently valid employer report form, pursuant to the | ||||||
23 | Department's regulations.
The provisions of this Article | ||||||
24 | relating to eligible bidders apply only
to bids on contracts | ||||||
25 | with the State and its departments, agencies, boards,
and | ||||||
26 | commissions, and the provisions do not apply to bids on |
| |||||||
| |||||||
1 | contracts with
units of local government or school districts.
| ||||||
2 | (K) Citizenship Status. "Citizenship status" means the | ||||||
3 | status of being:
| ||||||
4 | (1) a born U.S. citizen;
| ||||||
5 | (2) a naturalized U.S. citizen;
| ||||||
6 | (3) a U.S. national; or
| ||||||
7 | (4) a person born outside the United States and not a | ||||||
8 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
9 | protected from discrimination under
the provisions of | ||||||
10 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
11 | or hereafter amended.
| ||||||
12 | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | ||||||
13 | 101-430, eff. 7-1-20; revised 8-4-20.)
| ||||||
14 | (775 ILCS 5/2-108) | ||||||
15 | (Section scheduled to be repealed on January 1, 2030) | ||||||
16 | Sec. 2-108. Employer disclosure requirements. | ||||||
17 | (A) Definitions. The following definitions are applicable | ||||||
18 | strictly to this Section: | ||||||
19 | (1) "Employer" means: | ||||||
20 | (a) any person employing one or more employees | ||||||
21 | within this State; | ||||||
22 | (b) a labor organization; or | ||||||
23 | (c) the State and any political subdivision, | ||||||
24 | municipal corporation, or other governmental unit or | ||||||
25 | agency, without regard to the number of employees. |
| |||||||
| |||||||
1 | (2) "Settlement" means any written commitment or | ||||||
2 | written agreement, including any agreed judgment, | ||||||
3 | stipulation, decree, agreement to settle, assurance of | ||||||
4 | discontinuance, or otherwise between an employee, as | ||||||
5 | defined by subsection (A) of Section 2-101, or a | ||||||
6 | nonemployee to whom an employer owes a duty under this Act | ||||||
7 | pursuant to subsection (A-10) or (D-5) of Section 2-102, | ||||||
8 | and an employer under which the employer directly or | ||||||
9 | indirectly provides to an individual compensation or other | ||||||
10 | consideration due to an allegation that the individual has | ||||||
11 | been a victim of sexual harassment or unlawful | ||||||
12 | discrimination under this Act. | ||||||
13 | (3) "Adverse judgment or administrative ruling" means | ||||||
14 | any final and non-appealable adverse judgment or final and | ||||||
15 | non-appealable administrative ruling entered in favor of | ||||||
16 | an employee as defined by subsection (A) of Section 2-101 | ||||||
17 | or a nonemployee to whom an employer owes a duty under this | ||||||
18 | Act pursuant to subsection (A-10) or (D-5) of Section | ||||||
19 | 2-102, and against the employer during the preceding year | ||||||
20 | in which there was a finding of sexual harassment or | ||||||
21 | unlawful discrimination brought under this Act, Title VII | ||||||
22 | of the Civil Rights Act of 1964, or any other federal, | ||||||
23 | State, or local law prohibiting sexual harassment or | ||||||
24 | unlawful discrimination. | ||||||
25 | (B) Required disclosures. Beginning July 1, 2020, and by | ||||||
26 | each July 1 thereafter, each employer that had an adverse |
| |||||||
| |||||||
1 | judgment or administrative ruling against it in the preceding | ||||||
2 | calendar year, as provided in this Section, shall disclose | ||||||
3 | annually to the Department of Human Rights the following | ||||||
4 | information: | ||||||
5 | (1) the total number of adverse judgments or | ||||||
6 | administrative rulings during the preceding year; | ||||||
7 | (2) whether any equitable relief was ordered against | ||||||
8 | the employer in any adverse judgment or administrative | ||||||
9 | ruling described in paragraph (1); | ||||||
10 | (3) how many adverse judgments or administrative | ||||||
11 | rulings described in paragraph (1) are in each of the | ||||||
12 | following categories: | ||||||
13 | (a) sexual harassment; | ||||||
14 | (b) discrimination or harassment on the basis of | ||||||
15 | sex; | ||||||
16 | (c) discrimination or harassment on the basis of | ||||||
17 | race, color, or national origin; | ||||||
18 | (d) discrimination or harassment on the basis of | ||||||
19 | religion; | ||||||
20 | (e) discrimination or harassment on the basis of | ||||||
21 | age; | ||||||
22 | (f) discrimination or harassment on the basis of | ||||||
23 | disability; | ||||||
24 | (g) discrimination or harassment on the basis of | ||||||
25 | military status or unfavorable discharge from military | ||||||
26 | status; |
| |||||||
| |||||||
1 | (h) discrimination or harassment on the basis of | ||||||
2 | sexual orientation or gender identity; and | ||||||
3 | (i) discrimination or harassment on the basis of | ||||||
4 | any other characteristic protected under this Act . ; | ||||||
5 | (C) Settlements. If the Department is investigating a | ||||||
6 | charge filed pursuant to this Act, the Department may request | ||||||
7 | the employer responding to the charge to submit the total | ||||||
8 | number of settlements entered into during the preceding 5 | ||||||
9 | years, or less at the direction of the Department, that relate | ||||||
10 | to any alleged act of sexual harassment or unlawful | ||||||
11 | discrimination that: | ||||||
12 | (1) occurred in the workplace of the employer; or | ||||||
13 | (2) involved the behavior of an employee of the | ||||||
14 | employer or a corporate executive of the employer, without | ||||||
15 | regard to whether that behavior occurred in the workplace | ||||||
16 | of the employer. | ||||||
17 | The total number of settlements entered into during the | ||||||
18 | requested period shall be reported along with how many | ||||||
19 | settlements are in each of the following categories, when | ||||||
20 | requested by the Department pursuant to this subsection: | ||||||
21 | (a) sexual harassment; | ||||||
22 | (b) discrimination or harassment on the basis of sex; | ||||||
23 | (c) discrimination or harassment on the basis of race, | ||||||
24 | color, or national origin; | ||||||
25 | (d) discrimination or harassment on the basis of | ||||||
26 | religion; |
| |||||||
| |||||||
1 | (e) discrimination or harassment on the basis of age; | ||||||
2 | (f) discrimination or harassment on the basis of | ||||||
3 | disability; | ||||||
4 | (g) discrimination or harassment on the basis of | ||||||
5 | military status or unfavorable discharge from military | ||||||
6 | status; | ||||||
7 | (h) discrimination or harassment on the basis of | ||||||
8 | sexual orientation or gender identity; and | ||||||
9 | (i) discrimination or harassment on the basis of any | ||||||
10 | other characteristic protected under this Act; | ||||||
11 | The Department shall not rely on the existence of any | ||||||
12 | settlement agreement to support a finding of substantial | ||||||
13 | evidence under this Act. | ||||||
14 | (D) Prohibited disclosures. An employer may not disclose | ||||||
15 | the name of a victim of an act of alleged sexual harassment or | ||||||
16 | unlawful discrimination in any disclosures required under this | ||||||
17 | Section. | ||||||
18 | (E) Annual report. The Department shall publish an annual | ||||||
19 | report aggregating the information reported by employers under | ||||||
20 | subsection (B) of this Section such that no individual | ||||||
21 | employer data is available to the public. The report shall | ||||||
22 | include the number of adverse judgments or administrative | ||||||
23 | rulings filed during the preceding calendar year based on each | ||||||
24 | of the protected classes identified by this Act. | ||||||
25 | The report shall be filed with the General Assembly and | ||||||
26 | made available to the public by December 31 of each reporting |
| |||||||
| |||||||
1 | year. Data submitted by an employer to comply with this | ||||||
2 | Section is confidential and exempt from the Freedom of | ||||||
3 | Information Act. | ||||||
4 | (F) Failure to report and penalties. If an employer fails | ||||||
5 | to make any disclosures required under this Section, the | ||||||
6 | Department shall issue a notice to show cause giving the | ||||||
7 | employer 30 days to disclose the required information. If the | ||||||
8 | employer does not make the required disclosures within 30 | ||||||
9 | days, the Department shall petition the Illinois Human Rights | ||||||
10 | Commission for entry of an order imposing a civil penalty | ||||||
11 | against the employer pursuant to Section 8-109.1. The civil | ||||||
12 | penalty shall be paid into the Department of Human Rights' | ||||||
13 | Training and Development Fund. | ||||||
14 | (G) Rules. The Department shall adopt any rules it deems | ||||||
15 | necessary for implementation of this Section. | ||||||
16 | (H) This Section is repealed on January 1, 2030.
| ||||||
17 | (Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)
| ||||||
18 | (775 ILCS 5/6-102) | ||||||
19 | Sec. 6-102. Violations of other Acts. A person who | ||||||
20 | violates the Section 11-117-12.2 of the Illinois Municipal | ||||||
21 | Code, Section 224.05 of the Illinois Insurance Code, Section | ||||||
22 | 8-201.5 of the Public Utilities Act, Sections 2-1401.1, | ||||||
23 | 9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil | ||||||
24 | Procedure, Section 4.05 of the Interest Act, the Military | ||||||
25 | Personnel Cellular Phone Contract Termination Act, Section |
| |||||||
| |||||||
1 | 405-272 of the Civil Administrative Code of Illinois, Section | ||||||
2 | 10-63 of the Illinois Administrative Procedure Act, Sections | ||||||
3 | 30.25 and 30.30 of the Military Code of Illinois, Section 16 of | ||||||
4 | the Landlord and Tenant Act, Section 26.5 of the Retail | ||||||
5 | Installment Sales Act, or Section 37 of the Motor Vehicle | ||||||
6 | Leasing Act commits a civil rights violation within the | ||||||
7 | meaning of this Act.
| ||||||
8 | (Source: P.A. 100-1101, eff. 1-1-19; revised 7-16-19.)
| ||||||
9 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| ||||||
10 | Sec. 7A-102. Procedures.
| ||||||
11 | (A) Charge.
| ||||||
12 | (1) Within 300 calendar days after the
date that a | ||||||
13 | civil rights violation allegedly has been committed, a
| ||||||
14 | charge in writing under oath or affirmation may be filed | ||||||
15 | with the
Department by an aggrieved party or issued by the | ||||||
16 | Department itself
under the signature of the Director.
| ||||||
17 | (2) The charge shall be in such detail as to | ||||||
18 | substantially apprise
any party properly concerned as to | ||||||
19 | the time, place, and facts
surrounding the alleged civil | ||||||
20 | rights violation.
| ||||||
21 | (3) Charges deemed filed with the Department pursuant | ||||||
22 | to subsection (A-1) of this Section shall be deemed to be | ||||||
23 | in compliance with this subsection. | ||||||
24 | (A-1) Equal Employment Opportunity Commission Charges. | ||||||
25 | (1) If a charge is filed with the Equal Employment |
| |||||||
| |||||||
1 | Opportunity Commission (EEOC) within 300 calendar days | ||||||
2 | after the date of the alleged civil rights violation, the | ||||||
3 | charge shall be deemed filed with the Department on the | ||||||
4 | date filed with the EEOC. If the EEOC is the governmental | ||||||
5 | agency designated to investigate the charge first, the | ||||||
6 | Department shall take no action until the EEOC makes a | ||||||
7 | determination on the charge and after the complainant | ||||||
8 | notifies the Department of the EEOC's determination. In | ||||||
9 | such cases, after receiving notice from the EEOC that a | ||||||
10 | charge was filed, the Department shall notify the parties | ||||||
11 | that (i) a charge has been received by the EEOC and has | ||||||
12 | been sent to the Department for dual filing purposes; (ii) | ||||||
13 | the EEOC is the governmental agency responsible for | ||||||
14 | investigating the charge and that the investigation shall | ||||||
15 | be conducted pursuant to the rules and procedures adopted | ||||||
16 | by the EEOC; (iii) it will take no action on the charge | ||||||
17 | until the EEOC issues its determination; (iv) the | ||||||
18 | complainant must submit a copy of the EEOC's determination | ||||||
19 | within 30 days after service of the determination by the | ||||||
20 | EEOC on the complainant; and (v) that the time period to | ||||||
21 | investigate the charge contained in subsection (G) of this | ||||||
22 | Section is tolled from the date on which the charge is | ||||||
23 | filed with the EEOC until the EEOC issues its | ||||||
24 | determination. | ||||||
25 | (2) If the EEOC finds reasonable cause to believe that | ||||||
26 | there has been a violation of federal law and if the |
| |||||||
| |||||||
1 | Department is timely notified of the EEOC's findings by | ||||||
2 | the complainant, the Department shall notify the | ||||||
3 | complainant that the Department has adopted the EEOC's | ||||||
4 | determination of reasonable cause and that the complainant | ||||||
5 | has the right, within 90 days after receipt of the | ||||||
6 | Department's notice, to either file his or her own | ||||||
7 | complaint with the Illinois Human Rights Commission or | ||||||
8 | commence a civil action in the appropriate circuit court | ||||||
9 | or other appropriate court of competent jurisdiction. This | ||||||
10 | notice shall be provided to the complainant within 10 | ||||||
11 | business days after the Department's receipt of the EEOC's | ||||||
12 | determination. The Department's notice to the complainant | ||||||
13 | that the Department has adopted the EEOC's determination | ||||||
14 | of reasonable cause shall constitute the Department's | ||||||
15 | Report for purposes of subparagraph (D) of this Section. | ||||||
16 | (3) For those charges alleging violations within the | ||||||
17 | jurisdiction of both the EEOC and the Department and for | ||||||
18 | which the EEOC either (i) does not issue a determination, | ||||||
19 | but does issue the complainant a notice of a right to sue, | ||||||
20 | including when the right to sue is issued at the request of | ||||||
21 | the complainant, or (ii) determines that it is unable to | ||||||
22 | establish that illegal discrimination has occurred and | ||||||
23 | issues the complainant a right to sue notice, and if the | ||||||
24 | Department is timely notified of the EEOC's determination | ||||||
25 | by the complainant, the Department shall notify the | ||||||
26 | parties, within 10 business days after receipt of the |
| |||||||
| |||||||
1 | EEOC's determination, that the Department will adopt the | ||||||
2 | EEOC's determination as a dismissal for lack of | ||||||
3 | substantial evidence unless the complainant requests in | ||||||
4 | writing within 35 days after receipt of the Department's | ||||||
5 | notice that the Department review the EEOC's | ||||||
6 | determination. | ||||||
7 | (a) If the complainant does not file a written | ||||||
8 | request with the Department to review the EEOC's | ||||||
9 | determination within 35 days after receipt of the | ||||||
10 | Department's notice, the Department shall notify the | ||||||
11 | complainant, within 10 business days after the | ||||||
12 | expiration of the 35-day period, that the decision of | ||||||
13 | the EEOC has been adopted by the Department as a | ||||||
14 | dismissal for lack of substantial evidence and that | ||||||
15 | the complainant has the right, within 90 days after | ||||||
16 | receipt of the Department's notice, to commence a | ||||||
17 | civil action in the appropriate circuit court or other | ||||||
18 | appropriate court of competent jurisdiction. The | ||||||
19 | Department's notice to the complainant that the | ||||||
20 | Department has adopted the EEOC's determination shall | ||||||
21 | constitute the Department's report for purposes of | ||||||
22 | subparagraph (D) of this Section. | ||||||
23 | (b) If the complainant does file a written request | ||||||
24 | with the Department to review the EEOC's | ||||||
25 | determination, the Department shall review the EEOC's | ||||||
26 | determination and any evidence obtained by the EEOC |
| |||||||
| |||||||
1 | during its investigation. If, after reviewing the | ||||||
2 | EEOC's determination and any evidence obtained by the | ||||||
3 | EEOC, the Department determines there is no need for | ||||||
4 | further investigation of the charge, the Department | ||||||
5 | shall issue a report and the Director shall determine | ||||||
6 | whether there is substantial evidence that the alleged | ||||||
7 | civil rights violation has been committed pursuant to | ||||||
8 | subsection (D) of this Section 7A-102 . If, after | ||||||
9 | reviewing the EEOC's determination and any evidence | ||||||
10 | obtained by the EEOC, the Department determines there | ||||||
11 | is a need for further investigation of the charge, the | ||||||
12 | Department may conduct any further investigation it | ||||||
13 | deems necessary. After reviewing the EEOC's | ||||||
14 | determination, the evidence obtained by the EEOC, and | ||||||
15 | any additional investigation conducted by the | ||||||
16 | Department, the Department shall issue a report and | ||||||
17 | the Director shall determine whether there is | ||||||
18 | substantial evidence that the alleged civil rights | ||||||
19 | violation has been committed pursuant to subsection | ||||||
20 | (D) of this Section 7A-102 of this Act . | ||||||
21 | (4) Pursuant to this Section, if the EEOC dismisses | ||||||
22 | the charge or a portion of the charge of discrimination | ||||||
23 | because, under federal law, the EEOC lacks jurisdiction | ||||||
24 | over the charge, and if, under this Act, the Department | ||||||
25 | has jurisdiction over the charge of discrimination, the | ||||||
26 | Department shall investigate the charge or portion of the |
| |||||||
| |||||||
1 | charge dismissed by the EEOC for lack of jurisdiction | ||||||
2 | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | ||||||
3 | (E), (F), (G), (H), (I), (J), and (K) of this Section | ||||||
4 | 7A-102 of this Act . | ||||||
5 | (5) The time limit set out in subsection (G) of this | ||||||
6 | Section is tolled from the date on which the charge is | ||||||
7 | filed with the EEOC to the date on which the EEOC issues | ||||||
8 | its determination.
| ||||||
9 | (6) The failure of the Department to meet the | ||||||
10 | 10-business-day notification deadlines set out in | ||||||
11 | paragraph (2) of this subsection shall not impair the | ||||||
12 | rights of any party.
| ||||||
13 | (B) Notice and Response to Charge.
The Department shall, | ||||||
14 | within 10
days of the date on which the charge
was filed, serve | ||||||
15 | a copy of the charge on the respondent and provide all parties | ||||||
16 | with a notice of the complainant's right to opt out of the | ||||||
17 | investigation within 60 days as set forth in subsection (C-1). | ||||||
18 | This period shall
not be construed to be jurisdictional. The | ||||||
19 | charging party and the respondent
may each file a position | ||||||
20 | statement and other materials with the Department
regarding | ||||||
21 | the charge of alleged discrimination within 60 days of receipt | ||||||
22 | of the
notice of the charge. The position statements and other | ||||||
23 | materials filed shall
remain confidential unless otherwise | ||||||
24 | agreed to by the party providing the
information and shall not | ||||||
25 | be served on or made available to the other
party during the | ||||||
26 | pendency
of a charge with the Department. The Department may
|
| |||||||
| |||||||
1 | require the respondent to file a response to
the allegations | ||||||
2 | contained in the charge. Upon the Department's request, the | ||||||
3 | respondent shall
file a response to the charge within 60 days | ||||||
4 | and shall serve a copy
of its response on the
complainant or | ||||||
5 | his or her representative. Notwithstanding any request from | ||||||
6 | the Department,
the respondent may elect to file a response to | ||||||
7 | the charge
within 60 days of receipt of notice of the charge, | ||||||
8 | provided the respondent serves a copy of its response on the | ||||||
9 | complainant or his or her representative. All allegations | ||||||
10 | contained in the charge
not denied by the respondent within 60 | ||||||
11 | days of the Department's request for a response may be deemed | ||||||
12 | admitted, unless the
respondent states that it is without | ||||||
13 | sufficient information to
form a belief with respect to such | ||||||
14 | allegation. The Department may issue
a notice of default | ||||||
15 | directed to any respondent who fails to file a
response to a | ||||||
16 | charge within 60 days of receipt of the Department's request,
| ||||||
17 | unless the respondent can
demonstrate good cause as
to why | ||||||
18 | such notice should not issue. The term "good cause" shall be | ||||||
19 | defined by rule promulgated by the Department. Within 30 days | ||||||
20 | of receipt
of the respondent's response, the complainant may | ||||||
21 | file a
reply to
said response and
shall serve
a copy of said | ||||||
22 | reply on the respondent or his or her representative. A party
| ||||||
23 | shall have the right to supplement his or her response or reply | ||||||
24 | at any time that
the investigation of the charge is pending. | ||||||
25 | The Department shall,
within 10 days of the date on which the | ||||||
26 | charge was filed,
and again no later than 335 days thereafter,
|
| |||||||
| |||||||
1 | send by certified or registered mail, or electronic mail if | ||||||
2 | elected by the party, written notice to the complainant
and to | ||||||
3 | the respondent
informing the complainant
of the complainant's | ||||||
4 | rights to either file a complaint with the Human
Rights | ||||||
5 | Commission or commence a civil action in the appropriate | ||||||
6 | circuit court
under subparagraph (2) of paragraph (G), | ||||||
7 | including in such notice the dates
within which the | ||||||
8 | complainant may exercise these rights.
In the notice the | ||||||
9 | Department shall notify the complainant that the
charge of | ||||||
10 | civil rights violation will be dismissed with prejudice and | ||||||
11 | with no
right to further proceed if a written complaint is not | ||||||
12 | timely filed with
the Commission or with the appropriate | ||||||
13 | circuit court by the complainant pursuant to subparagraph (2) | ||||||
14 | of paragraph (G)
or by the Department pursuant to subparagraph | ||||||
15 | (1) of paragraph (G).
| ||||||
16 | (B-1) Mediation. The complainant and respondent may agree | ||||||
17 | to voluntarily
submit the charge
to mediation without waiving | ||||||
18 | any rights that are otherwise available to
either party | ||||||
19 | pursuant to this Act and without incurring any obligation to
| ||||||
20 | accept the result of the mediation process. Nothing occurring | ||||||
21 | in mediation
shall
be disclosed by the Department or | ||||||
22 | admissible in evidence in any subsequent
proceeding unless the | ||||||
23 | complainant and the respondent agree in writing that such
| ||||||
24 | disclosure be made.
| ||||||
25 | (C) Investigation.
| ||||||
26 | (1) The
Department shall conduct an investigation |
| |||||||
| |||||||
1 | sufficient to determine whether the allegations set
forth | ||||||
2 | in the charge are supported by substantial evidence unless | ||||||
3 | the complainant elects to opt out of an investigation | ||||||
4 | pursuant to subsection (C-1).
| ||||||
5 | (2) The Director or his or her designated | ||||||
6 | representatives shall have
authority to request any member | ||||||
7 | of the Commission to issue subpoenas to
compel the | ||||||
8 | attendance of a witness or the production for
examination | ||||||
9 | of any books, records or documents whatsoever.
| ||||||
10 | (3) If any witness whose testimony is required for any | ||||||
11 | investigation
resides outside the State, or through | ||||||
12 | illness or any other good cause as
determined by the | ||||||
13 | Director is unable to be interviewed by the investigator
| ||||||
14 | or appear at a fact finding conference, his or her | ||||||
15 | testimony or deposition
may be taken, within or without | ||||||
16 | the State, in the same manner as is
provided for in the | ||||||
17 | taking of depositions in civil cases in circuit courts.
| ||||||
18 | (4) Upon reasonable notice to the complainant and the | ||||||
19 | respondent,
the Department shall conduct a fact finding | ||||||
20 | conference, unless prior to
365 days after the date on | ||||||
21 | which the charge was filed the Director has determined | ||||||
22 | whether there is substantial evidence
that the alleged | ||||||
23 | civil rights violation has been committed, the charge has
| ||||||
24 | been dismissed for lack of jurisdiction, or the parties | ||||||
25 | voluntarily and in writing agree to waive the fact finding | ||||||
26 | conference. Any party's failure to attend the conference |
| |||||||
| |||||||
1 | without good cause
shall result in dismissal or default. | ||||||
2 | The term "good cause"
shall
be defined by rule promulgated | ||||||
3 | by the Department. A notice of dismissal or
default shall | ||||||
4 | be issued by the Director. The notice of default issued by | ||||||
5 | the Director shall notify the respondent that a request | ||||||
6 | for review may be filed in writing with the Commission
| ||||||
7 | within 30 days of receipt of notice of default. The notice | ||||||
8 | of dismissal issued by the Director shall give
the | ||||||
9 | complainant notice of his or her right to seek review of | ||||||
10 | the dismissal
before the Human Rights Commission or | ||||||
11 | commence a civil action in the
appropriate circuit court. | ||||||
12 | If the complainant chooses to have the Human Rights | ||||||
13 | Commission review the dismissal order, he or she shall | ||||||
14 | file a request for review with the Commission within 90 | ||||||
15 | days after receipt of the Director's notice. If the | ||||||
16 | complainant chooses to file a request for review with the | ||||||
17 | Commission, he or she may not later commence a civil | ||||||
18 | action in a circuit court. If the complainant chooses to | ||||||
19 | commence a civil action in a circuit court, he or she must | ||||||
20 | do so within 90 days after receipt of the Director's | ||||||
21 | notice.
| ||||||
22 | (C-1) Opt out of Department's investigation. At any time | ||||||
23 | within 60 days after receipt of notice of the right to opt out, | ||||||
24 | a complainant may submit a written request seeking notice from | ||||||
25 | the Director indicating that the complainant has opted out of | ||||||
26 | the investigation and may commence a civil action in the |
| |||||||
| |||||||
1 | appropriate circuit court or other appropriate court of | ||||||
2 | competent jurisdiction. Within 10 business days of receipt of | ||||||
3 | the complainant's request to opt out of the investigation, the | ||||||
4 | Director shall issue a notice to the parties stating that: (i) | ||||||
5 | the complainant has exercised the right to opt out of the | ||||||
6 | investigation; (ii) the complainant has 90 days after receipt | ||||||
7 | of the Director's notice to commence an action in the | ||||||
8 | appropriate circuit court or other appropriate court of | ||||||
9 | competent jurisdiction; and (iii) the Department has ceased | ||||||
10 | its investigation and is administratively closing the charge. | ||||||
11 | The complainant shall notify the Department and the respondent | ||||||
12 | that a complaint has been filed with the appropriate circuit | ||||||
13 | court or other appropriate court of competent jurisdiction and | ||||||
14 | shall mail a copy of the complaint to the Department and the | ||||||
15 | respondent on the same date that the complaint is filed with | ||||||
16 | the appropriate court. Once a complainant has opted out of the | ||||||
17 | investigation under this subsection, he or she may not file or | ||||||
18 | refile a substantially similar charge with the Department | ||||||
19 | arising from the same incident of unlawful discrimination or | ||||||
20 | harassment. | ||||||
21 | (D) Report.
| ||||||
22 | (1) Each charge investigated under subsection (C) | ||||||
23 | shall be the
subject of a
report to the Director. The | ||||||
24 | report shall be a confidential document
subject to review | ||||||
25 | by the Director, authorized Department employees, the
| ||||||
26 | parties, and, where indicated by this Act, members of the |
| |||||||
| |||||||
1 | Commission or
their designated hearing officers.
| ||||||
2 | (2) Upon review of the report, the Director shall | ||||||
3 | determine whether
there is substantial evidence that the | ||||||
4 | alleged civil rights violation
has been committed.
The | ||||||
5 | determination of substantial evidence is limited to | ||||||
6 | determining the need
for further consideration of the | ||||||
7 | charge pursuant to this Act
and includes, but is not | ||||||
8 | limited to, findings of fact and conclusions, as well
as | ||||||
9 | the reasons for the determinations on all material issues. | ||||||
10 | Substantial evidence is evidence which a reasonable mind | ||||||
11 | accepts
as sufficient to support a particular conclusion | ||||||
12 | and which consists of more
than a mere scintilla but may be | ||||||
13 | somewhat less than a preponderance.
| ||||||
14 | (3) If the Director determines
that there is no | ||||||
15 | substantial
evidence, the charge shall be dismissed by | ||||||
16 | order of the
Director and the Director shall give the
| ||||||
17 | complainant notice of his or her right to seek review of | ||||||
18 | the dismissal order before the
Commission or commence a | ||||||
19 | civil action in the appropriate circuit court. If the | ||||||
20 | complainant chooses to have the Human Rights Commission | ||||||
21 | review the dismissal order, he or she shall file a request | ||||||
22 | for review with the Commission within 90 days after | ||||||
23 | receipt of the Director's notice. If the complainant | ||||||
24 | chooses to file a request for review with the Commission, | ||||||
25 | he or she may not later commence a civil action in a | ||||||
26 | circuit court. If the complainant chooses to commence a |
| |||||||
| |||||||
1 | civil action in a circuit court, he or she must do so | ||||||
2 | within 90 days after receipt of the Director's notice.
| ||||||
3 | (4) If the Director determines that there is | ||||||
4 | substantial evidence, he or she shall notify the | ||||||
5 | complainant and respondent of that determination. The | ||||||
6 | Director shall also notify the parties that the | ||||||
7 | complainant has the right to either commence a civil | ||||||
8 | action in the appropriate circuit court or request that | ||||||
9 | the Department of Human Rights file a complaint with the | ||||||
10 | Human Rights Commission on his or her behalf. Any such | ||||||
11 | complaint shall be filed within 90 days after receipt of | ||||||
12 | the Director's notice. If the complainant chooses to have | ||||||
13 | the Department file a complaint with the Human Rights | ||||||
14 | Commission on his or her behalf, the complainant must, | ||||||
15 | within 30 days after receipt of the Director's notice, | ||||||
16 | request in writing that the Department file the complaint. | ||||||
17 | If the complainant timely requests that the Department | ||||||
18 | file the complaint, the Department shall file the | ||||||
19 | complaint on his or her behalf. If the complainant fails | ||||||
20 | to timely request that the Department file the complaint, | ||||||
21 | the complainant may file his or her complaint with the | ||||||
22 | Commission or commence a civil action in the appropriate | ||||||
23 | circuit court.
If the complainant files a complaint with
| ||||||
24 | the Human Rights Commission, the complainant shall give | ||||||
25 | notice to the
Department of the filing of the complaint | ||||||
26 | with the Human Rights Commission. |
| |||||||
| |||||||
1 | (E) Conciliation.
| ||||||
2 |
(1) When there is a finding of substantial evidence, | ||||||
3 | the Department may designate a Department employee who is | ||||||
4 | an attorney
licensed to practice in Illinois to endeavor | ||||||
5 | to eliminate the effect of
the alleged civil rights | ||||||
6 | violation and to prevent its repetition by
means of | ||||||
7 | conference and conciliation.
| ||||||
8 | (2) When the Department determines that a formal
| ||||||
9 | conciliation conference is necessary, the complainant and | ||||||
10 | respondent
shall be notified of the time and place of the | ||||||
11 | conference by registered
or certified mail at least 10 | ||||||
12 | days prior thereto and either or both
parties shall appear | ||||||
13 | at the conference in person or by attorney.
| ||||||
14 | (3) The place fixed for the conference shall be within | ||||||
15 | 35 miles of
the place where the civil rights violation is | ||||||
16 | alleged to have been
committed.
| ||||||
17 | (4) Nothing occurring at the conference shall be | ||||||
18 | disclosed by the
Department unless
the complainant and | ||||||
19 | respondent agree in writing that
such disclosure be made.
| ||||||
20 | (5) The Department's efforts to conciliate the matter | ||||||
21 | shall not stay or extend the time for filing the complaint | ||||||
22 | with the Commission or the circuit court.
| ||||||
23 | (F) Complaint.
| ||||||
24 | (1) When the complainant requests that the Department | ||||||
25 | file a complaint with the Commission on his or her behalf, | ||||||
26 | the Department shall prepare a
written complaint, under |
| |||||||
| |||||||
1 | oath or affirmation, stating the nature of the
civil | ||||||
2 | rights violation substantially as alleged in the charge | ||||||
3 | previously
filed and the relief sought on behalf of the | ||||||
4 | aggrieved party. The Department shall file the complaint | ||||||
5 | with the Commission.
| ||||||
6 | (2) If the complainant chooses to commence a civil | ||||||
7 | action in a circuit court, he or she must do so in the | ||||||
8 | circuit court in the county wherein the civil rights | ||||||
9 | violation was allegedly committed. The form of the | ||||||
10 | complaint in any such civil action shall be in accordance | ||||||
11 | with the Illinois Code of Civil Procedure.
| ||||||
12 | (G) Time Limit.
| ||||||
13 | (1) When a charge of a civil rights violation has been
| ||||||
14 | properly filed, the Department, within 365
days thereof or | ||||||
15 | within any
extension of that period agreed to in writing | ||||||
16 | by all parties, shall issue its report as required by | ||||||
17 | subparagraph (D). Any such report
shall be duly served | ||||||
18 | upon both the complainant and the respondent.
| ||||||
19 | (2) If the Department has not issued its report within | ||||||
20 | 365 days after the charge is filed, or any such longer | ||||||
21 | period agreed to in writing by all the parties, the | ||||||
22 | complainant shall have 90 days to either file his or her | ||||||
23 | own complaint with the Human Rights Commission or commence | ||||||
24 | a civil action in the appropriate circuit court. If the | ||||||
25 | complainant files a complaint with the Commission, the | ||||||
26 | form of the complaint shall be in accordance with the |
| |||||||
| |||||||
1 | provisions of
paragraph (F)(1). If the complainant | ||||||
2 | commences a civil action in a circuit court, the form of | ||||||
3 | the complaint shall be in accordance with the Illinois | ||||||
4 | Code of Civil Procedure. The aggrieved party shall notify | ||||||
5 | the Department that a
complaint
has been filed and shall | ||||||
6 | serve a copy of the complaint on the Department
on the same | ||||||
7 | date that the complaint is filed with the Commission or in | ||||||
8 | circuit court. If the complainant files a complaint with | ||||||
9 | the Commission, he or she may not later commence a civil | ||||||
10 | action in circuit court.
| ||||||
11 | (3) If an aggrieved party files a complaint
with the
| ||||||
12 | Human Rights Commission or commences a civil action in | ||||||
13 | circuit court pursuant to paragraph (2) of this | ||||||
14 | subsection, or if
the time period for filing a complaint | ||||||
15 | has expired, the
Department shall immediately cease its | ||||||
16 | investigation and
dismiss the charge of civil rights | ||||||
17 | violation.
Any final order entered by the Commission under | ||||||
18 | this Section is
appealable in accordance with paragraph | ||||||
19 | (B)(1) of Section 8-111.
Failure to immediately cease an | ||||||
20 | investigation and dismiss the charge of civil
rights | ||||||
21 | violation as provided in this paragraph
(3) constitutes | ||||||
22 | grounds for entry of an order by the circuit court | ||||||
23 | permanently
enjoining the
investigation. The Department | ||||||
24 | may also be liable for any
costs and other damages | ||||||
25 | incurred by the respondent as a result of the action of
the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | (4) (Blank).
| ||||||
2 | (H) Public Act 89-370 This amendatory Act of 1995 applies | ||||||
3 | to causes of action filed on or
after January 1, 1996.
| ||||||
4 | (I) Public Act 89-520 This amendatory Act of 1996 applies | ||||||
5 | to causes of action filed on or
after January 1, 1996.
| ||||||
6 | (J) The changes made to this Section by Public Act 95-243 | ||||||
7 | apply to charges filed on or
after the effective date of those | ||||||
8 | changes.
| ||||||
9 | (K) The changes made to this Section by Public Act 96-876 | ||||||
10 | this amendatory Act of the 96th General Assembly apply to | ||||||
11 | charges filed on or
after the effective date of those changes. | ||||||
12 | (L) The changes made to this Section by Public Act | ||||||
13 | 100-1066 this amendatory Act of the 100th General Assembly | ||||||
14 | apply to charges filed on or
after August 24, 2018 ( the | ||||||
15 | effective date of Public Act 100-1066) this amendatory Act of | ||||||
16 | the 100th General Assembly . | ||||||
17 | (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | ||||||
18 | 100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised | ||||||
19 | 9-12-19.)
| ||||||
20 | (775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
| ||||||
21 | Sec. 7A-103. Settlement.
| ||||||
22 | (A) Circumstances. A settlement of any
charge prior to the | ||||||
23 | filing of a complaint may be
effectuated at any time upon | ||||||
24 | agreement of the
parties and the approval of the Department.
A | ||||||
25 | settlement of any charge after the filing of a complaint shall |
| |||||||
| |||||||
1 | be
effectuated as specified in Section 8-105(A)(2) of this | ||||||
2 | Act.
| ||||||
3 | (B) Form. Settlements of charges prior to the filing of
| ||||||
4 | complaints shall be reduced to writing by the
Department, | ||||||
5 | signed by the parties, and submitted by the Department to
the | ||||||
6 | Commission for approval.
Settlements of charges after the | ||||||
7 | filing of complaints shall be
effectuated as specified in | ||||||
8 | Section 8-105(A)(2) of this Act.
| ||||||
9 | (C) Violation.
| ||||||
10 | (1) When either party alleges that a settlement
order | ||||||
11 | has been violated, the Department shall conduct an | ||||||
12 | investigation
into the matter.
| ||||||
13 | (2) Upon finding substantial evidence to demonstrate | ||||||
14 | that a
settlement has been violated, the Department shall | ||||||
15 | file notice of a
settlement order violation with the | ||||||
16 | Commission and serve all parties.
| ||||||
17 | (D) Dismissal For Refusal To Accept Settlement Offer. The
| ||||||
18 | Department shall dismiss a charge if it is satisfied that:
| ||||||
19 | (1) the respondent has eliminated the effects of the
| ||||||
20 | civil rights violation charged and taken steps to prevent | ||||||
21 | its repetition;
or
| ||||||
22 | (2) the respondent offers and the complainant declines | ||||||
23 | to accept
terms of settlement which the Department finds | ||||||
24 | are sufficient to
eliminate the effects of the civil | ||||||
25 | rights violation charged and prevent
its repetition.
| ||||||
26 | When the Department dismisses a charge under this Section
|
| |||||||
| |||||||
1 | it
shall notify the complainant that he or she may seek review | ||||||
2 | of the
dismissal order before the Commission. The
complainant | ||||||
3 | shall have 30
days from receipt of notice to file a request for | ||||||
4 | review by the Commission.
| ||||||
5 | In determining whether the respondent has eliminated the
| ||||||
6 | effects
of the civil rights violation charged, or has offered | ||||||
7 | terms of settlement
sufficient to eliminate same, the | ||||||
8 | Department shall consider the extent to
which the respondent | ||||||
9 | has either fully provided, or reasonably offered by way
of | ||||||
10 | terms of settlement, as the case may be, the relevant relief | ||||||
11 | available
to the complainant under Section 8A-104 8-108 of | ||||||
12 | this Act.
| ||||||
13 | (E) Public Act 89-370 This amendatory Act of 1995 applies | ||||||
14 | to causes of action filed on or
after January 1, 1996.
| ||||||
15 | (F) The changes made to this Section by Public Act 95-243 | ||||||
16 | this amendatory Act of the 95th General Assembly apply to | ||||||
17 | charges filed on or
after the effective date of those changes.
| ||||||
18 | (Source: P.A. 95-243, eff. 1-1-08; revised 9-4-20.)
| ||||||
19 | Section 830. The Business Corporation Act of 1983 is | ||||||
20 | amended by changing Sections 15.35 and 15.65 as follows:
| ||||||
21 | (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
| ||||||
22 | (Section scheduled to be repealed on December 31, 2025)
| ||||||
23 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
24 | corporations. For the privilege of exercising its franchises |
| |||||||
| |||||||
1 | in this State, each
domestic corporation shall pay to the | ||||||
2 | Secretary of State the following
franchise taxes, computed on | ||||||
3 | the basis, at the rates and for the periods
prescribed in this | ||||||
4 | Act:
| ||||||
5 | (a) An initial franchise tax at the time of filing its | ||||||
6 | first report of
issuance of shares.
| ||||||
7 | (b) An additional franchise tax at the time of filing | ||||||
8 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
9 | report of an increase in paid-in
capital without the | ||||||
10 | issuance of shares, or (3) an amendment to the articles
of | ||||||
11 | incorporation or a report of cumulative changes in paid-in | ||||||
12 | capital,
whenever any amendment or such report discloses | ||||||
13 | an increase in its paid-in
capital over the amount thereof | ||||||
14 | last reported in any document, other than
an annual | ||||||
15 | report, interim annual report or final transition annual | ||||||
16 | report
required by this Act to be filed in the office of | ||||||
17 | the Secretary of State.
| ||||||
18 | (c) An additional franchise tax at the time of filing | ||||||
19 | a report of paid-in
capital following a statutory merger | ||||||
20 | or consolidation, which discloses that
the paid-in capital | ||||||
21 | of the surviving or new corporation immediately after
the | ||||||
22 | merger or consolidation is greater than the sum of the | ||||||
23 | paid-in capital
of all of the merged or consolidated | ||||||
24 | corporations as last reported
by them in any documents, | ||||||
25 | other than annual reports, required by this Act
to be | ||||||
26 | filed in the office of the Secretary of State; and in |
| |||||||
| |||||||
1 | addition, the
surviving or new corporation shall be liable | ||||||
2 | for a further additional franchise
tax on the paid-in | ||||||
3 | capital of each of the merged or consolidated
corporations | ||||||
4 | as last reported by them in any document, other than an | ||||||
5 | annual
report, required by this Act to be filed with the | ||||||
6 | Secretary of State from
their taxable year end to the next | ||||||
7 | succeeding anniversary month or, in
the case of a | ||||||
8 | corporation which has established an extended filing | ||||||
9 | month,
the extended filing month of the surviving or new | ||||||
10 | corporation; however if
the taxable year ends within the | ||||||
11 | 2-month 2 month period immediately preceding the
| ||||||
12 | anniversary month or, in the case of a corporation which | ||||||
13 | has established an
extended filing month, the extended | ||||||
14 | filing month of the surviving or new
corporation the tax | ||||||
15 | will be computed to the anniversary month or, in the
case | ||||||
16 | of a corporation which has established an extended filing | ||||||
17 | month, the
extended filing month of the surviving or new | ||||||
18 | corporation in the next
succeeding calendar year.
| ||||||
19 | (d) An annual franchise tax payable each year with the | ||||||
20 | annual report
which the corporation is required by this | ||||||
21 | Act to file.
| ||||||
22 | (e) On or after January 1, 2020 and prior to January 1, | ||||||
23 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
24 | under this Section. On or after January 1, 2021 and prior to | ||||||
25 | January 1, 2022, the first $1,000 in liability is exempt from | ||||||
26 | the tax imposed under this Section. On or after January 1, 2022 |
| |||||||
| |||||||
1 | and prior to January 1, 2023, the first $10,000 in liability is | ||||||
2 | exempt from the tax imposed under this Section. On or after | ||||||
3 | January 1, 2023 and prior to January 1, 2024, the first | ||||||
4 | $100,000 in liability is exempt from the tax imposed under | ||||||
5 | this Section. The provisions of this Section shall not require | ||||||
6 | the payment of any franchise tax that would otherwise have | ||||||
7 | been due and payable on or after January 1, 2024. There shall | ||||||
8 | be no refunds or proration of franchise tax for any taxes due | ||||||
9 | and payable on or after January 1, 2024 on the basis that a | ||||||
10 | portion of the corporation's taxable year extends beyond | ||||||
11 | January 1, 2024. Public Act 101-9 This amendatory Act of the | ||||||
12 | 101st General Assembly shall not affect any right accrued or | ||||||
13 | established, or any liability or penalty incurred prior to | ||||||
14 | January 1, 2024. | ||||||
15 | (f) This Section is repealed on December 31, 2025. | ||||||
16 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
| ||||||
17 | (805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
| ||||||
18 | (Section scheduled to be repealed on December 31, 2024)
| ||||||
19 | Sec. 15.65. Franchise taxes payable by foreign | ||||||
20 | corporations. For the privilege of exercising its authority to | ||||||
21 | transact such business
in this State as set out in its | ||||||
22 | application therefor or any amendment
thereto, each foreign | ||||||
23 | corporation shall pay to the Secretary of State the
following | ||||||
24 | franchise taxes, computed on the basis, at the rates and for | ||||||
25 | the
periods prescribed in this Act:
|
| |||||||
| |||||||
1 | (a) An initial franchise tax at the time of filing its | ||||||
2 | application for
authority to transact business in this | ||||||
3 | State.
| ||||||
4 | (b) An additional franchise tax at the time of filing | ||||||
5 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
6 | report of an increase in paid-in
capital without the | ||||||
7 | issuance of shares, or (3) a report of cumulative
changes | ||||||
8 | in paid-in capital or a report of an exchange or | ||||||
9 | reclassification
of shares, whenever any such report | ||||||
10 | discloses an increase in its paid-in
capital over the | ||||||
11 | amount thereof last reported in any document, other than
| ||||||
12 | an annual report, interim annual report or final | ||||||
13 | transition annual report,
required by this Act to be filed | ||||||
14 | in the office of the Secretary of State.
| ||||||
15 | (c) Whenever the corporation shall be a party to a | ||||||
16 | statutory merger and
shall be the surviving corporation, | ||||||
17 | an additional franchise tax at the time
of filing its | ||||||
18 | report following merger, if such report discloses that the
| ||||||
19 | amount represented in this State of its paid-in capital | ||||||
20 | immediately after
the merger is greater than the aggregate | ||||||
21 | of the amounts represented in this
State of the paid-in | ||||||
22 | capital of such of the merged corporations as were
| ||||||
23 | authorized to transact business in this State at the time | ||||||
24 | of the merger, as
last reported by them in any documents, | ||||||
25 | other than annual reports, required
by this Act to be | ||||||
26 | filed in the office of the Secretary of State; and in
|
| |||||||
| |||||||
1 | addition, the surviving corporation shall be liable for a | ||||||
2 | further
additional franchise tax on the paid-in capital of | ||||||
3 | each of the merged
corporations as last reported by them | ||||||
4 | in any document, other than an annual
report, required by | ||||||
5 | this Act to be filed with the Secretary
of State, from | ||||||
6 | their taxable year end to the next succeeding anniversary
| ||||||
7 | month or, in the case of a corporation which has | ||||||
8 | established an extended
filing month, the extended filing | ||||||
9 | month of the surviving corporation;
however if the taxable | ||||||
10 | year ends within the 2-month 2 month period immediately
| ||||||
11 | preceding the anniversary month or the extended filing | ||||||
12 | month of the
surviving corporation, the tax will be | ||||||
13 | computed to the anniversary or,
extended filing month of | ||||||
14 | the surviving corporation in the next succeeding
calendar | ||||||
15 | year.
| ||||||
16 | (d) An annual franchise tax payable each year with any
| ||||||
17 | annual report which the corporation is required by this | ||||||
18 | Act to file.
| ||||||
19 | (e) On or after January 1, 2020 and prior to January 1, | ||||||
20 | 2021, the first $30 in liability is exempt from the tax imposed | ||||||
21 | under this Section. On or after January 1, 2021 and prior to | ||||||
22 | January 1, 2022, the first $1,000 in liability is exempt from | ||||||
23 | the tax imposed under this Section. On or after January 1, 2022 | ||||||
24 | and prior to January 1, 2023, the first $10,000 in liability is | ||||||
25 | exempt from the tax imposed under this Section. On or after | ||||||
26 | January 1, 2023 and prior to January 1, 2024, the first |
| |||||||
| |||||||
1 | $100,000 in liability is exempt from the tax imposed under | ||||||
2 | this Section. The provisions of this Section shall not require | ||||||
3 | the payment of any franchise tax that would otherwise have | ||||||
4 | been due and payable on or after January 1, 2024. There shall | ||||||
5 | be no refunds or proration of franchise tax for any taxes due | ||||||
6 | and payable on or after January 1, 2024 on the basis that a | ||||||
7 | portion of the corporation's taxable year extends beyond | ||||||
8 | January 1, 2024. Public Act 101-9 This amendatory Act of the | ||||||
9 | 101st General Assembly shall not affect any right accrued or | ||||||
10 | established, or any liability or penalty incurred prior to | ||||||
11 | January 1, 2024. | ||||||
12 | (f) This Section is repealed on December 31, 2024. | ||||||
13 | (Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
| ||||||
14 | Section 835. The General Not For Profit Corporation Act of | ||||||
15 | 1986 is amended by changing Section 111.25 as follows:
| ||||||
16 | (805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
| ||||||
17 | Sec. 111.25. Articles of merger or consolidation.
| ||||||
18 | (a) Articles of merger or consolidation shall be executed | ||||||
19 | by
each corporation and filed in duplicate in accordance with
| ||||||
20 | Section 101.10 of this Act and shall set forth:
| ||||||
21 | (1) the name of each corporation;
| ||||||
22 | (2) the plan of merger or consolidation;
| ||||||
23 | (3) as to each corporation where the plan of merger or
| ||||||
24 | consolidation was adopted pursuant to Section 111.15 of |
| |||||||
| |||||||
1 | this
Act:
| ||||||
2 | (i) a statement that the plan received the
| ||||||
3 | affirmative vote of a majority of the directors in | ||||||
4 | office,
at a meeting of the board of directors, and the | ||||||
5 | date of the
meeting; or
| ||||||
6 | (ii) a statement that the plan was adopted by
| ||||||
7 | written consent, signed by all the directors in | ||||||
8 | office, in
compliance with Section 108.45 of this Act; | ||||||
9 | and
| ||||||
10 | (4) as to each corporation where the plan of merger or
| ||||||
11 | consolidation was adopted pursuant to Section 111.20 of | ||||||
12 | this
Act:
| ||||||
13 | (i) a statement that the plan was adopted at a
| ||||||
14 | meeting of members by the affirmative vote of members | ||||||
15 | having
not less than the minimum number of votes | ||||||
16 | necessary to adopt
the plan, as provided by this Act, | ||||||
17 | the articles of
incorporation, or the bylaws, and the | ||||||
18 | date of the meeting; or
| ||||||
19 | (ii) a statement that the plan was adopted by
| ||||||
20 | written consent, signed by members having not less | ||||||
21 | than the
minimum number of votes necessary to adopt | ||||||
22 | the plan, as
provided by this Act, the articles of | ||||||
23 | incorporation or the
bylaws, in compliance with | ||||||
24 | Section 107.10 of this Act.
| ||||||
25 | (b) When the provisions of this Section have been complied
| ||||||
26 | with, the Secretary of State shall file the articles of
merger |
| |||||||
| |||||||
1 | or consolidation.
| ||||||
2 | (Source: P.A. 91-357, eff. 7-29-99; 92-33, eff. 7-1-01; | ||||||
3 | revised 7-18-19.)
| ||||||
4 | Section 840. The Limited Worker Cooperative Association | ||||||
5 | Act is amended by changing Section 25 as follows:
| ||||||
6 | (805 ILCS 317/25)
| ||||||
7 | Sec. 25. Articles of organization. (a) The articles of | ||||||
8 | organization of a limited cooperative association shall state: | ||||||
9 | (1) the domestic entity name of the limited | ||||||
10 | cooperative association; | ||||||
11 | (2) the purposes for which the limited cooperative | ||||||
12 | association is formed, which may be for any lawful | ||||||
13 | purpose; | ||||||
14 | (3) the registered agent name and registered agent | ||||||
15 | address of the association's initial registered agent; | ||||||
16 | (4) the street address and, if different, mailing | ||||||
17 | address of the association's initial principal office; | ||||||
18 | (5) the true name and street address and, if | ||||||
19 | different, mailing address of each organizer; and | ||||||
20 | (6) any other provision, not inconsistent with law, | ||||||
21 | that the worker-members, members, or organizers elect to | ||||||
22 | set out in the articles for the regulation of the internal | ||||||
23 | affairs of the worker cooperative, including any | ||||||
24 | provisions that, under this Act, are required or permitted |
| |||||||
| |||||||
1 | to be set out in the bylaws of the worker cooperative.
| ||||||
2 | (Source: P.A. 101-292, eff. 1-1-20; revised 9-4-20.)
| ||||||
3 | Section 845. The Illinois Pre-Need Cemetery Sales Act is | ||||||
4 | amended by changing Section 16 as follows:
| ||||||
5 | (815 ILCS 390/16) (from Ch. 21, par. 216)
| ||||||
6 | Sec. 16. Trust funds; disbursements.
| ||||||
7 | (a) A trustee shall make no disbursements from the trust | ||||||
8 | fund
except as provided in this Act.
| ||||||
9 | (b) A trustee has a duty to invest and manage the trust | ||||||
10 | assets pursuant to the Illinois Prudent Investor Law under | ||||||
11 | Article 9 of the Illinois Trust Code. Whenever the seller | ||||||
12 | changes trustees pursuant to this Act, the trustee must | ||||||
13 | provide written notice of the change in trustees to the | ||||||
14 | Comptroller no less than 28 days prior to the effective date of | ||||||
15 | such a change in trustee. The trustee has an ongoing duty to | ||||||
16 | provide the Comptroller with a current and true copy of the | ||||||
17 | trust agreement under which the trust funds are held pursuant | ||||||
18 | to this Act.
| ||||||
19 | (c) The trustee may rely upon certifications and | ||||||
20 | affidavits made to it
under the provisions of this Act, and | ||||||
21 | shall not be liable to any person
for such reliance.
| ||||||
22 | (d) A trustee shall be allowed to withdraw from the trust | ||||||
23 | funds maintained
pursuant to this Act a reasonable fee | ||||||
24 | pursuant to the Illinois Trust Code.
|
| |||||||
| |||||||
1 | (e) The trust shall be a single-purpose trust fund. In the | ||||||
2 | event of the
seller's bankruptcy, insolvency or assignment for | ||||||
3 | the
benefit of creditors,
or an adverse judgment, the trust | ||||||
4 | funds shall not be available to any creditor
as assets of the | ||||||
5 | seller or to pay any expenses of any
bankruptcy or similar
| ||||||
6 | proceeding, but shall be distributed to the purchasers or | ||||||
7 | managed for their
benefit by the trustee holding the funds.
| ||||||
8 | Except in an action by the Comptroller to revoke a license | ||||||
9 | issued pursuant
to this Act and for creation of a receivership | ||||||
10 | as provided in this Act, the
trust shall not be subject to | ||||||
11 | judgment, execution, garnishment, attachment,
or other seizure | ||||||
12 | by process in bankruptcy or otherwise, nor to sale, pledge,
| ||||||
13 | mortgage, or other alienation, and shall not be assignable | ||||||
14 | except as
approved by the Comptroller. The changes made by | ||||||
15 | this amendatory Act of
the 91st General Assembly are intended | ||||||
16 | to clarify existing law regarding the
inability of licensees | ||||||
17 | to pledge the trust.
| ||||||
18 | (f) Because it is not known at the time of deposit or at | ||||||
19 | the time that
income is earned on the trust account to whom the | ||||||
20 | principal and the accumulated
earnings will be distributed, | ||||||
21 | for purposes of determining the Illinois Income
Tax due on | ||||||
22 | these trust funds, the principal and any accrued earnings or
| ||||||
23 | losses relating to each individual account shall be held in | ||||||
24 | suspense until
the final determination is made as to whom the | ||||||
25 | account shall be paid.
| ||||||
26 | (g) A trustee shall at least annually furnish to each |
| |||||||
| |||||||
1 | purchaser a statement identifying: (1) the receipts, | ||||||
2 | disbursements, and inventory of the trust, including an | ||||||
3 | explanation of any fees or expenses charged by the trustee | ||||||
4 | under paragraph (d) of this Section or otherwise, (2) an | ||||||
5 | explanation of the purchaser's right to a refund, if any, | ||||||
6 | under this Act, and (3) the primary regulator of the trust as a | ||||||
7 | corporate fiduciary under state or federal law. | ||||||
8 | (h) If the trustee has reason to believe that the contact | ||||||
9 | information for a purchaser is no longer valid, then the | ||||||
10 | trustee shall promptly notify the seller. If the trustee has | ||||||
11 | reason to believe that the purchaser is deceased, then the | ||||||
12 | trustee shall promptly notify the seller. A trustee shall | ||||||
13 | remit as provided in Section 18.5 of this Act any pre-need | ||||||
14 | trust funds, including both the principal and any accrued | ||||||
15 | earnings or losses, relating to an individual account that is | ||||||
16 | presumed abandoned under Section 18.5. | ||||||
17 | (Source: P.A. 101-48, eff. 1-1-20; 101-552, eff. 1-1-20; | ||||||
18 | revised 9-17-19.)
| ||||||
19 | Section 850. The Consumer Fraud and Deceptive Business | ||||||
20 | Practices Act is amended by changing Section 2DDD as follows:
| ||||||
21 | (815 ILCS 505/2DDD) | ||||||
22 | Sec. 2DDD. Alternative gas suppliers. | ||||||
23 | (a) Definitions. | ||||||
24 | (1) "Alternative gas supplier" has the same meaning as |
| |||||||
| |||||||
1 | in Section 19-105 of the Public Utilities Act. | ||||||
2 | (2) "Gas utility" has the same meaning as in Section | ||||||
3 | 19-105 of the Public Utilities Act. | ||||||
4 | (b) It is an unfair or deceptive act or practice within the | ||||||
5 | meaning of Section 2 of this Act for any person to violate any | ||||||
6 | provision of this Section. | ||||||
7 | (c) Solicitation. | ||||||
8 | (1) An alternative gas supplier shall not utilize the | ||||||
9 | name of a public utility in any manner that is deceptive or | ||||||
10 | misleading, including, but not limited to, implying or | ||||||
11 | otherwise leading a customer to believe that an | ||||||
12 | alternative gas supplier is soliciting on behalf of or is | ||||||
13 | an agent of a utility. An alternative gas supplier shall | ||||||
14 | not utilize the name, or any other identifying insignia, | ||||||
15 | graphics, or wording, that has been used at any time to | ||||||
16 | represent a public utility company or its services or to | ||||||
17 | identify, label, or define any of its natural gas supply | ||||||
18 | offers and shall not misrepresent the affiliation of any | ||||||
19 | alternative supplier with the gas utility, governmental | ||||||
20 | bodies, or consumer groups. | ||||||
21 | (2) If any sales solicitation, agreement, contract, or | ||||||
22 | verification is translated into another language and | ||||||
23 | provided to a customer, all of the documents must be | ||||||
24 | provided to the customer in that other language. | ||||||
25 | (2.3) An alternative gas supplier shall state that it | ||||||
26 | represents an independent seller of gas certified by the |
| |||||||
| |||||||
1 | Illinois Commerce Commission and that he or she is not | ||||||
2 | employed by, representing, endorsed by, or acting on | ||||||
3 | behalf of a utility, or a utility program. | ||||||
4 | (2.5) All in-person and telephone solicitations shall | ||||||
5 | be conducted in, translated into, and provided in a | ||||||
6 | language in which the consumer subject to the marketing or | ||||||
7 | solicitation is able to understand and communicate. An | ||||||
8 | alternative gas supplier shall terminate a solicitation if | ||||||
9 | the consumer subject to the marketing or communication is | ||||||
10 | unable to understand and communicate in the language in | ||||||
11 | which the marketing or solicitation is being conducted. An | ||||||
12 | alternative gas supplier shall comply with Section 2N of | ||||||
13 | this Act. | ||||||
14 | (3) An alternative gas supplier shall clearly and | ||||||
15 | conspicuously disclose the following information to all | ||||||
16 | customers: | ||||||
17 | (A) the prices, terms, and conditions of the | ||||||
18 | products and services being sold to the customer; | ||||||
19 | (B) where the solicitation occurs in person, | ||||||
20 | including through door-to-door solicitation, the | ||||||
21 | salesperson's name; | ||||||
22 | (C) the alternative gas supplier's contact | ||||||
23 | information, including the address, phone number, and | ||||||
24 | website; | ||||||
25 | (D) contact information for the Illinois Commerce | ||||||
26 | Commission, including the toll-free number for |
| |||||||
| |||||||
1 | consumer complaints and website; | ||||||
2 | (E) a statement of the customer's right to rescind | ||||||
3 | the offer within 10 business days of the date on the | ||||||
4 | utility's notice confirming the customer's decision to | ||||||
5 | switch suppliers, as well as phone numbers for the | ||||||
6 | supplier and utility that the consumer may use to | ||||||
7 | rescind the contract; | ||||||
8 | (F) the amount of the early termination fee, if | ||||||
9 | any; and | ||||||
10 | (G) the utility gas supply cost rates per therm | ||||||
11 | price available from the Illinois Commerce Commission | ||||||
12 | website applicable at the time the alternative gas | ||||||
13 | supplier is offering or selling the products or | ||||||
14 | services to the customer and shall disclose the | ||||||
15 | following statement: | ||||||
16 | "(Name of the alternative gas supplier) is not the | ||||||
17 | same entity as your gas delivery company. You are not | ||||||
18 | required to enroll with (name of alternative retail | ||||||
19 | gas supplier). Beginning on (effective date), the | ||||||
20 | utility gas supply cost rate per therm is (cost). The | ||||||
21 | utility gas supply cost will expire on (expiration | ||||||
22 | date). For more information go to the Illinois | ||||||
23 | Commerce Commission's free website at | ||||||
24 | www.icc.illinois.gov/ags/consumereducation.aspx.". | ||||||
25 | (4) Except as provided in paragraph (5) of this | ||||||
26 | subsection (c), an alternative gas supplier shall send the |
| |||||||
| |||||||
1 | information described in paragraph (3) of this subsection | ||||||
2 | (c) to all customers within one business day of the | ||||||
3 | authorization of a switch. | ||||||
4 | (5) An alternative gas supplier engaging in | ||||||
5 | door-to-door solicitation of consumers shall provide the | ||||||
6 | information described in paragraph (3) of this subsection | ||||||
7 | (c) during all door-to-door solicitations that result in a | ||||||
8 | customer deciding to switch his or her their supplier. | ||||||
9 | (d) Customer Authorization. An alternative gas supplier | ||||||
10 | shall not submit or execute a change in a customer's selection | ||||||
11 | of a natural gas provider unless and until (i) the alternative | ||||||
12 | gas supplier first discloses all material terms and conditions | ||||||
13 | of the offer to the customer; (ii) the alternative gas | ||||||
14 | supplier has obtained the customer's express agreement to | ||||||
15 | accept the offer after the disclosure of all material terms | ||||||
16 | and conditions of the offer; and (iii) the alternative gas | ||||||
17 | supplier has confirmed the request for a change in accordance | ||||||
18 | with one of the following procedures: | ||||||
19 | (1) The alternative gas supplier has obtained the | ||||||
20 | customer's written or electronically signed authorization | ||||||
21 | in a form that meets the following requirements: | ||||||
22 | (A) An alternative gas supplier shall obtain any | ||||||
23 | necessary written or electronically signed | ||||||
24 | authorization from a customer for a change in natural | ||||||
25 | gas service by using a letter of agency as specified in | ||||||
26 | this Section. Any letter of agency that does not |
| |||||||
| |||||||
1 | conform with this Section is invalid. | ||||||
2 | (B) The letter of agency shall be a separate | ||||||
3 | document (or an easily separable document containing | ||||||
4 | only the authorization language described in item (E) | ||||||
5 | of this paragraph (1)) whose sole purpose is to | ||||||
6 | authorize a natural gas provider change. The letter of | ||||||
7 | agency must be signed and dated by the customer | ||||||
8 | requesting the natural gas provider change. | ||||||
9 | (C) The letter of agency shall not be combined | ||||||
10 | with inducements of any kind on the same document. | ||||||
11 | (D) Notwithstanding items (A) and (B) of this | ||||||
12 | paragraph (1), the letter of agency may be combined | ||||||
13 | with checks that contain only the required letter of | ||||||
14 | agency language prescribed in item (E) of this | ||||||
15 | paragraph (1) and the necessary information to make | ||||||
16 | the check a negotiable instrument. The letter of | ||||||
17 | agency check shall not contain any promotional | ||||||
18 | language or material. The letter of agency check shall | ||||||
19 | contain in easily readable, bold face type on the face | ||||||
20 | of the check, a notice that the consumer is | ||||||
21 | authorizing a natural gas provider change by signing | ||||||
22 | the check. The letter of agency language also shall be | ||||||
23 | placed near the signature line on the back of the | ||||||
24 | check. | ||||||
25 | (E) At a minimum, the letter of agency must be | ||||||
26 | printed with a print of sufficient size to be clearly |
| |||||||
| |||||||
1 | legible, and must contain clear and unambiguous | ||||||
2 | language that confirms: | ||||||
3 | (i) the customer's billing name and address; | ||||||
4 | (ii) the decision to change the natural gas | ||||||
5 | provider from the current provider to the | ||||||
6 | prospective alternative gas supplier; | ||||||
7 | (iii) the terms, conditions, and nature of the | ||||||
8 | service to be provided to the customer, including, | ||||||
9 | but not limited to, the rates for the service | ||||||
10 | contracted for by the customer; and | ||||||
11 | (iv) that the customer understands that any | ||||||
12 | natural gas provider selection the customer | ||||||
13 | chooses may involve a charge to the customer for | ||||||
14 | changing the customer's natural gas provider. | ||||||
15 | (F) Letters of agency shall not suggest or require | ||||||
16 | that a customer take some action in order to retain the | ||||||
17 | customer's current natural gas provider. | ||||||
18 | (G) If any portion of a letter of agency is | ||||||
19 | translated into another language, then all portions of | ||||||
20 | the letter of agency must be translated into that | ||||||
21 | language. | ||||||
22 | (2) An appropriately qualified independent third party | ||||||
23 | has obtained, in accordance with the procedures set forth | ||||||
24 | in this paragraph (2), the customer's oral authorization | ||||||
25 | to change natural gas providers that confirms and includes | ||||||
26 | appropriate verification data. The independent third party |
| |||||||
| |||||||
1 | must (i) not be owned, managed, controlled, or directed by | ||||||
2 | the alternative gas supplier or the alternative gas | ||||||
3 | supplier's marketing agent; (ii) not have any financial | ||||||
4 | incentive to confirm provider change requests for the | ||||||
5 | alternative gas supplier or the alternative gas supplier's | ||||||
6 | marketing agent; and (iii) operate in a location | ||||||
7 | physically separate from the alternative gas supplier or | ||||||
8 | the alternative gas supplier's marketing agent. Automated | ||||||
9 | third-party verification systems and 3-way conference | ||||||
10 | calls may be used for verification purposes so long as the | ||||||
11 | other requirements of this paragraph (2) are satisfied. An | ||||||
12 | A alternative gas supplier or alternative gas supplier's | ||||||
13 | sales representative initiating a 3-way conference call or | ||||||
14 | a call through an automated verification system must drop | ||||||
15 | off the call once the 3-way connection has been | ||||||
16 | established. All third-party verification methods shall | ||||||
17 | elicit, at a minimum, the following information: | ||||||
18 | (A) the identity of the customer; | ||||||
19 | (B) confirmation that the person on the call is | ||||||
20 | authorized to make the provider change; | ||||||
21 | (C) confirmation that the person on the call wants | ||||||
22 | to make the provider change; | ||||||
23 | (D) the names of the providers affected by the | ||||||
24 | change; | ||||||
25 | (E) the service address of the service to be | ||||||
26 | switched; and |
| |||||||
| |||||||
1 | (F) the price of the service to be provided and the | ||||||
2 | material terms and conditions of the service being | ||||||
3 | offered, including whether any early termination fees | ||||||
4 | apply. | ||||||
5 | Third-party verifiers may not market the alternative | ||||||
6 | gas supplier's services. All third-party verifications | ||||||
7 | shall be conducted in the same language that was used in | ||||||
8 | the underlying sales transaction and shall be recorded in | ||||||
9 | their entirety. Submitting alternative gas suppliers shall | ||||||
10 | maintain and preserve audio records of verification of | ||||||
11 | customer authorization for a minimum period of 2 years | ||||||
12 | after obtaining the verification. Automated systems must | ||||||
13 | provide customers with an option to speak with a live | ||||||
14 | person at any time during the call. Each disclosure made | ||||||
15 | during the third-party verification must be made | ||||||
16 | individually to obtain clear acknowledgment of each | ||||||
17 | disclosure. The alternative gas supplier must be in a | ||||||
18 | location where he or she cannot hear the customer while | ||||||
19 | the third-party verification is conducted. The alternative | ||||||
20 | gas supplier shall not contact the customer after the | ||||||
21 | third-party verification for a period of 24 hours unless | ||||||
22 | the customer initiates the contact. | ||||||
23 | (3) The alternative gas supplier has obtained the | ||||||
24 | customer's electronic authorization to change natural gas | ||||||
25 | service via telephone. Such authorization must elicit the | ||||||
26 | information in subparagraphs (A) paragraph (2)(A) through |
| |||||||
| |||||||
1 | (F) of paragraph (2) of this subsection (d). Alternative | ||||||
2 | gas suppliers electing to confirm sales electronically | ||||||
3 | shall establish one or more toll-free telephone numbers | ||||||
4 | exclusively for that purpose. Calls to the number or | ||||||
5 | numbers shall connect a customer to a voice response unit, | ||||||
6 | or similar mechanism, that makes a date-stamped, | ||||||
7 | time-stamped recording of the required information | ||||||
8 | regarding the alternative gas supplier change. | ||||||
9 | The alternative gas supplier shall not use such | ||||||
10 | electronic authorization systems to market its services. | ||||||
11 | (4) When a consumer initiates the call to the | ||||||
12 | prospective alternative gas supplier, in order to enroll | ||||||
13 | the consumer as a customer, the prospective alternative | ||||||
14 | gas supplier must, with the consent of the customer, make | ||||||
15 | a date-stamped, time-stamped audio recording that elicits, | ||||||
16 | at a minimum, the following information: | ||||||
17 | (A) the identity of the customer; | ||||||
18 | (B) confirmation that the person on the call is | ||||||
19 | authorized to make the provider change; | ||||||
20 | (C) confirmation that the person on the call wants | ||||||
21 | to make the provider change; | ||||||
22 | (D) the names of the providers affected by the | ||||||
23 | change; | ||||||
24 | (E) the service address of the service to be | ||||||
25 | switched; and | ||||||
26 | (F) the price of the service to be supplied and the |
| |||||||
| |||||||
1 | material terms and conditions of the service being | ||||||
2 | offered, including whether any early termination fees | ||||||
3 | apply. | ||||||
4 | Submitting alternative gas suppliers shall maintain | ||||||
5 | and preserve the audio records containing the information | ||||||
6 | set forth above for a minimum period of 2 years. | ||||||
7 | (5) In the event that a customer enrolls for service | ||||||
8 | from an alternative gas supplier via an Internet website, | ||||||
9 | the alternative gas supplier shall obtain an | ||||||
10 | electronically signed letter of agency in accordance with | ||||||
11 | paragraph (1) of this subsection (d) and any customer | ||||||
12 | information shall be protected in accordance with all | ||||||
13 | applicable statutes and rules. In addition, an alternative | ||||||
14 | gas supplier shall provide the following when marketing | ||||||
15 | via an Internet website: | ||||||
16 | (A) The Internet enrollment website shall, at a | ||||||
17 | minimum, include: | ||||||
18 | (i) a copy of the alternative gas supplier's | ||||||
19 | customer contract, which clearly and conspicuously | ||||||
20 | discloses all terms and conditions; and | ||||||
21 | (ii) a conspicuous prompt for the customer to | ||||||
22 | print or save a copy of the contract. | ||||||
23 | (B) Any electronic version of the contract shall | ||||||
24 | be identified by version number, in order to ensure | ||||||
25 | the ability to verify the particular contract to which | ||||||
26 | the customer assents. |
| |||||||
| |||||||
1 | (C) Throughout the duration of the alternative gas | ||||||
2 | supplier's contract with a customer, the alternative | ||||||
3 | gas supplier shall retain and, within 3 business days | ||||||
4 | of the customer's request, provide to the customer an | ||||||
5 | e-mail, paper, or facsimile of the terms and | ||||||
6 | conditions of the numbered contract version to which | ||||||
7 | the customer assents. | ||||||
8 | (D) The alternative gas supplier shall provide a | ||||||
9 | mechanism by which both the submission and receipt of | ||||||
10 | the electronic letter of agency are recorded by time | ||||||
11 | and date. | ||||||
12 | (E) After the customer completes the electronic | ||||||
13 | letter of agency, the alternative gas supplier shall | ||||||
14 | disclose conspicuously through its website that the | ||||||
15 | customer has been enrolled and the alternative gas | ||||||
16 | supplier shall provide the customer an enrollment | ||||||
17 | confirmation number. | ||||||
18 | (6) When a customer is solicited in person by the | ||||||
19 | alternative gas supplier's sales agent, the alternative | ||||||
20 | gas supplier may only obtain the customer's authorization | ||||||
21 | to change natural gas service through the method provided | ||||||
22 | for in paragraph (2) of this subsection (d). | ||||||
23 | Alternative gas suppliers must be in compliance with the | ||||||
24 | provisions of this subsection (d) within 90 days after April | ||||||
25 | 10, 2009 ( the effective date of Public Act 95-1051) this | ||||||
26 | amendatory Act of the 95th General Assembly . |
| |||||||
| |||||||
1 | (e) Early Termination. | ||||||
2 | (1) Beginning January 1, 2020, consumers shall have | ||||||
3 | the right to terminate their contract with an alternative | ||||||
4 | gas supplier at any time without any termination fees or | ||||||
5 | penalties. | ||||||
6 | (2) In any agreement that contains an early | ||||||
7 | termination clause, an alternative gas supplier shall | ||||||
8 | provide the customer the opportunity to terminate the | ||||||
9 | agreement without any termination fee or penalty within 10 | ||||||
10 | business days after the date of the first bill issued to | ||||||
11 | the customer for products or services provided by the | ||||||
12 | alternative gas supplier. The agreement shall disclose the | ||||||
13 | opportunity and provide a toll-free phone number that the | ||||||
14 | customer may call in order to terminate the agreement. | ||||||
15 | (f) The alternative gas supplier shall provide each | ||||||
16 | customer the opportunity to rescind its agreement without | ||||||
17 | penalty within 10 business days after the date on the gas | ||||||
18 | utility notice to the customer. The alternative gas supplier | ||||||
19 | shall disclose to the customer all of the following: | ||||||
20 | (1) that the gas utility shall send a notice | ||||||
21 | confirming the switch; | ||||||
22 | (2) that from the date the utility issues the notice | ||||||
23 | confirming the switch, the customer shall have 10 business | ||||||
24 | days before the switch will become effective; | ||||||
25 | (3) that the customer may contact the gas utility or | ||||||
26 | the alternative gas supplier to rescind the switch within |
| |||||||
| |||||||
1 | 10 business days; and | ||||||
2 | (4) the contact information for the gas utility and | ||||||
3 | the alternative gas supplier. | ||||||
4 | The alternative gas supplier disclosure shall be included | ||||||
5 | in its sales solicitations, contracts, and all applicable | ||||||
6 | sales verification scripts. | ||||||
7 | (f-5)(1) Beginning January 1, 2020, an alternative gas | ||||||
8 | supplier shall not sell or offer to sell any products or | ||||||
9 | services to a consumer pursuant to a contract in which the | ||||||
10 | contract automatically renews, unless an alternative gas | ||||||
11 | supplier provides to the consumer at the outset of the offer, | ||||||
12 | in addition to other disclosures required by law, a separate | ||||||
13 | written statement titled "Automatic Contract Renewal" that | ||||||
14 | clearly and conspicuously discloses in bold lettering in at | ||||||
15 | least 12-point font the terms and conditions of the automatic | ||||||
16 | contract renewal provision, including: (i) the estimated bill | ||||||
17 | cycle on which the initial contract term expires and a | ||||||
18 | statement that it could be later based on when the utility | ||||||
19 | accepts the initial enrollment; (ii) the estimated bill cycle | ||||||
20 | on which the new contract term begins and a statement that it | ||||||
21 | will immediately follow the last billing cycle of the current | ||||||
22 | term; (iii) the procedure to terminate the contract before the | ||||||
23 | new contract term applies; and (iv) the cancellation | ||||||
24 | procedure. If the alternative gas supplier sells or offers to | ||||||
25 | sell the products or services to a consumer during an | ||||||
26 | in-person solicitation or telemarketing solicitation, the |
| |||||||
| |||||||
1 | disclosures described in this paragraph (1) shall also be made | ||||||
2 | to the consumer verbally during the solicitation. Nothing in | ||||||
3 | this paragraph (1) shall be construed to apply to contracts | ||||||
4 | entered into before January 1, 2020. | ||||||
5 | (2) At least 30 days before, but not more than 60 days | ||||||
6 | prior, to the end of the initial contract term, in any and all | ||||||
7 | contracts that automatically renew after the initial term, the | ||||||
8 | alternative gas supplier shall send, in addition to other | ||||||
9 | disclosures required by law, a separate written notice of the | ||||||
10 | contract renewal to the consumer that clearly and | ||||||
11 | conspicuously discloses the following: | ||||||
12 | (A) a statement printed or visible from the outside of | ||||||
13 | the envelope or in the subject line of the email, if the | ||||||
14 | customer has agreed to receive official documents by | ||||||
15 | email, that states "Contract Renewal Notice"; | ||||||
16 | (B) a statement in bold lettering, in at least | ||||||
17 | 12-point font, that the contract will automatically renew | ||||||
18 | unless the customer cancels it; | ||||||
19 | (C) the billing cycle in which service under the | ||||||
20 | current term will expire; | ||||||
21 | (D) the billing cycle in which service under the new | ||||||
22 | term will begin; | ||||||
23 | (E) the process and options available to the consumer | ||||||
24 | to reject the new contract terms; | ||||||
25 | (F) the cancellation process if the consumer's | ||||||
26 | contract automatically renews before the consumer rejects |
| |||||||
| |||||||
1 | the new contract terms; | ||||||
2 | (G) the terms and conditions of the new contract term; | ||||||
3 | (H) for a fixed rate or flat bill contract, a | ||||||
4 | side-by-side comparison of the current fixed rate or flat | ||||||
5 | bill to the new fixed rate or flat bill; for a variable | ||||||
6 | rate contract or time-of-use product in which the first | ||||||
7 | month's renewal price can be determined, a side-by-side | ||||||
8 | comparison of the current price and the price for the | ||||||
9 | first month of the new variable or time-of-use price; or | ||||||
10 | for a variable or time-of-use contract based on a publicly | ||||||
11 | available index, a side-by-side comparison of the current | ||||||
12 | formula and the new formula; and | ||||||
13 | (I) the phone number and email address to submit a | ||||||
14 | consumer inquiry or complaint to the Illinois Commerce | ||||||
15 | Commission and the Office of the Attorney General. | ||||||
16 | (3) An alternative gas supplier shall not automatically | ||||||
17 | renew a consumer's enrollment after the current term of the | ||||||
18 | contract expires when the current term of the contract | ||||||
19 | provides that the consumer will be charged a fixed rate and the | ||||||
20 | renewed contract provides that the consumer will be charged a | ||||||
21 | variable rate, unless: (i) the alternative gas supplier | ||||||
22 | complies with paragraphs (1) and (2); and (ii) the customer | ||||||
23 | expressly consents to the contract renewal in writing or by | ||||||
24 | electronic signature at least 30 days, but no more than 60 | ||||||
25 | days, before the contract expires. | ||||||
26 | (4) An alternative gas supplier shall not submit a change |
| |||||||
| |||||||
1 | to a customer's gas service provider in violation of Section | ||||||
2 | 19-116 of the Public Utilities Act. | ||||||
3 | (g) The provisions of this Section shall apply only to | ||||||
4 | alternative gas suppliers serving or seeking to serve | ||||||
5 | residential and small commercial customers and only to the | ||||||
6 | extent such alternative gas suppliers provide services to | ||||||
7 | residential and small commercial customers.
| ||||||
8 | (Source: P.A. 101-590, eff. 1-1-20; revised 9-4-20.)
| ||||||
9 | Section 855. The Automatic Contract Renewal Act is amended | ||||||
10 | by changing Section 5 as follows:
| ||||||
11 | (815 ILCS 601/5)
| ||||||
12 | Sec. 5. Definitions Definition . In this Act:
| ||||||
13 | "Contract" means a written
agreement between 2 or more | ||||||
14 | parties.
| ||||||
15 | "Parties" includes include individuals and other legal | ||||||
16 | entities, but does do not include
the federal government, this | ||||||
17 | State or another state, or a
unit of local government.
| ||||||
18 | (Source: P.A. 101-412, eff. 8-16-19; revised 9-4-20.)
| ||||||
19 | Section 860. The Workplace Transparency Act is amended by | ||||||
20 | changing Section 1-25 as follows:
| ||||||
21 | (820 ILCS 96/1-25)
| ||||||
22 | Sec. 1-25. Conditions of employment or continued |
| |||||||
| |||||||
1 | employment. | ||||||
2 | (a) Any agreement, clause, covenant, or waiver that is a | ||||||
3 | unilateral condition of employment or continued employment and | ||||||
4 | has the purpose or effect of preventing an employee or | ||||||
5 | prospective employee from making truthful statements or | ||||||
6 | disclosures about alleged unlawful employment practices is | ||||||
7 | against public policy, void to the extent it prevents such | ||||||
8 | statements or disclosures, and severable from an otherwise | ||||||
9 | valid and enforceable contract under this Act. | ||||||
10 | (b) Any agreement, clause, covenant, or waiver that is a | ||||||
11 | unilateral condition of employment or continued employment and | ||||||
12 | requires the employee or prospective employee to waive, | ||||||
13 | arbitrate, or otherwise diminish any existing or future claim, | ||||||
14 | right, or benefit related to an unlawful employment practice | ||||||
15 | to which the employee or prospective employee would otherwise | ||||||
16 | be entitled under any provision of State or federal law, is | ||||||
17 | against public policy, void to the extent it denies an | ||||||
18 | employee or prospective employee a substantive or procedural | ||||||
19 | right or remedy related to alleged unlawful employment | ||||||
20 | practices, and severable from an otherwise valid and | ||||||
21 | enforceable contract under this Act. | ||||||
22 | (c) Any agreement, clause, covenant, or waiver that is a | ||||||
23 | mutual condition of employment or continued employment may | ||||||
24 | include provisions that would otherwise be against public | ||||||
25 | policy as a unilateral condition of employment or continued | ||||||
26 | employment, but only if the agreement, clause, covenant, or |
| |||||||
| |||||||
1 | waiver is in writing, demonstrates actual, knowing, and | ||||||
2 | bargained-for consideration from both parties, and | ||||||
3 | acknowledges the right of the employee or prospective employee | ||||||
4 | to: | ||||||
5 | (1) report any good faith allegation of unlawful | ||||||
6 | employment practices to any appropriate federal, State, or | ||||||
7 | local government agency enforcing discrimination laws; | ||||||
8 | (2) report any good faith allegation of criminal | ||||||
9 | conduct to any appropriate federal, State, or local | ||||||
10 | official; | ||||||
11 | (3) participate in a proceeding with any appropriate | ||||||
12 | federal, State, or local government agency enforcing | ||||||
13 | discrimination laws; | ||||||
14 | (4) make any truthful statements or disclosures | ||||||
15 | required by law, regulation, or legal process; and | ||||||
16 | (5) request or receive confidential legal advice. | ||||||
17 | (d) Failure to comply with the provisions of subsection | ||||||
18 | (c) shall establish a rebuttable presumption that the | ||||||
19 | agreement, clause, covenant, or waiver is a unilateral | ||||||
20 | condition of employment or continued employment that is | ||||||
21 | governed by subsection subsections (a) or (b). | ||||||
22 | (e) Nothing in this Section shall be construed to prevent | ||||||
23 | an employee or prospective employee and an employer from | ||||||
24 | negotiating and bargaining over the terms, privileges, and | ||||||
25 | conditions of employment.
| ||||||
26 | (Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)
|
| |||||||
| |||||||
1 | Section 865. The Workers' Compensation Act is amended by | ||||||
2 | changing Section 4a-5 as follows:
| ||||||
3 | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
| ||||||
4 | Sec. 4a-5. There is hereby created a Self-Insurers | ||||||
5 | Security Fund. The State
Treasurer shall be the ex officio | ||||||
6 | ex-officio custodian of the Self-Insurers Security
Fund. | ||||||
7 | Moneys in the Fund shall be deposited in a separate account in | ||||||
8 | the
same manner as are State Funds and any interest accruing | ||||||
9 | thereon shall be
added thereto every 6 months. It shall be | ||||||
10 | subject to audit the same as
State funds and accounts and shall | ||||||
11 | be protected by the general bond given
by the State Treasurer. | ||||||
12 | The funds in the Self-Insurers Security Fund shall
not be | ||||||
13 | subject to appropriation and shall be made available for the
| ||||||
14 | purposes of compensating employees who are eligible to receive | ||||||
15 | benefits
from their employers pursuant to the provisions of | ||||||
16 | the Workers'
Compensation Act or Workers' Occupational | ||||||
17 | Diseases Act, when, pursuant to
this Section, the Board has | ||||||
18 | determined that a private self-insurer has
become an insolvent | ||||||
19 | self-insurer and is unable to pay compensation benefits
due to | ||||||
20 | financial insolvency. Moneys in the Fund may be used to | ||||||
21 | compensate
any type of injury or occupational disease which is | ||||||
22 | compensable under either
Act, and all claims for related | ||||||
23 | administrative fees,
operating costs of the Board, attorney's | ||||||
24 | fees, and other costs reasonably
incurred by the Board. At the |
| |||||||
| |||||||
1 | discretion of the Chairman, moneys in the Self-Insurers | ||||||
2 | Security Fund may also be used for paying the salaries and | ||||||
3 | benefits of the Self-Insurers Advisory Board employees and the | ||||||
4 | operating costs of the Board. Payment from the Self-Insurers | ||||||
5 | Security Fund shall
be made by the Comptroller only upon the | ||||||
6 | authorization of the Chairman as
evidenced by properly | ||||||
7 | certified vouchers of the Commission, upon the
direction of | ||||||
8 | the Board.
| ||||||
9 | (Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
| ||||||
10 | Section 870. The Hotel and Casino Employee Safety Act is | ||||||
11 | amended by changing Sections 5-5, 5-10, and 5-15 as follows:
| ||||||
12 | (820 ILCS 325/5-5) | ||||||
13 | (This Section may contain text from a Public Act with a | ||||||
14 | delayed effective date )
| ||||||
15 | Sec. 5-5. Definitions. As used in this Act: | ||||||
16 | "Casino" has the meaning ascribed to the term "riverboat" | ||||||
17 | under the Illinois Riverboat Gambling Act. | ||||||
18 | "Casino employer" means any person, business, or | ||||||
19 | organization that holds an owners license pursuant to the | ||||||
20 | Illinois Riverboat Gambling Act that operates a casino and | ||||||
21 | either directly employs or through a subcontractor, including | ||||||
22 | through the services of a temporary staffing agency, exercises | ||||||
23 | direction and control over any natural person who is working | ||||||
24 | on the casino premises. |
| |||||||
| |||||||
1 | "Complaining employee" means an employee who has alleged | ||||||
2 | an instance of sexual assault or sexual harassment by a guest. | ||||||
3 | "Employee" means any natural person who works full-time or | ||||||
4 | part-time for a hotel employer or casino employer for or under | ||||||
5 | the direction of the hotel employer or casino employer or any | ||||||
6 | subcontractor of the hotel employer or casino employer for | ||||||
7 | wages or salary or remuneration of any type under a contract or | ||||||
8 | subcontract of employment. | ||||||
9 | "Guest" means any invitee to a hotel or casino, including | ||||||
10 | a registered guest, person occupying a guest room with a | ||||||
11 | registered guest or other occupant of a guest room, person | ||||||
12 | patronizing food or beverage facilities provided by the hotel | ||||||
13 | or casino, or any other person whose presence at the hotel or
| ||||||
14 | casino is permitted by the hotel or casino. "Guest" does not | ||||||
15 | include an employee.
| ||||||
16 | "Guest room" means any room made available by a hotel for | ||||||
17 | overnight occupancy by guests. | ||||||
18 | "Hotel" means any building or buildings maintained, | ||||||
19 | advertised, and held out to the public to be a place where | ||||||
20 | lodging is offered for consideration to travelers and guests. | ||||||
21 | "Hotel" includes an inn, motel, tourist home or court, and | ||||||
22 | lodging house. | ||||||
23 | "Hotel employer" means any person, business entity, or | ||||||
24 | organization that operates a hotel and either directly employs | ||||||
25 | or through a subcontractor, including through the services of | ||||||
26 | a temporary staffing agency, exercises direction and control |
| |||||||
| |||||||
1 | over any natural person who is working on the hotel premises | ||||||
2 | and employed in furtherance of the hotel's provision of | ||||||
3 | lodging to travelers and guests. | ||||||
4 | "Notification device" or "safety device" means a portable | ||||||
5 | emergency contact device, supplied by the hotel employer or | ||||||
6 | casino employer, that utilizes technology that the hotel | ||||||
7 | employer or casino employer deems appropriate for the hotel's | ||||||
8 | or casino's size, physical layout, and technological | ||||||
9 | capabilities and that is designed so that an employee can | ||||||
10 | quickly and easily activate the device to alert a hotel or | ||||||
11 | casino security officer, manager, or other appropriate hotel | ||||||
12 | or casino staff member designated by the hotel or casino and | ||||||
13 | effectively summon to the employee's location prompt | ||||||
14 | assistance by a hotel or casino security officer, manager, or | ||||||
15 | other appropriate hotel or casino staff member designated by | ||||||
16 | the hotel or casino. | ||||||
17 | "Offending guest" means a guest a complaining employee has | ||||||
18 | alleged sexually assaulted or sexually harassed the | ||||||
19 | complaining employee. | ||||||
20 | "Restroom" means any room equipped with toilets or | ||||||
21 | urinals. | ||||||
22 | "Sexual assault" means: (1) an act of sexual conduct, as | ||||||
23 | defined in Section 11-0.1 of the Criminal Code of 2012; or (2) | ||||||
24 | any act of sexual penetration, as defined in Section 11-0.1 of | ||||||
25 | the Criminal Code of 2012 and includes, without limitation, | ||||||
26 | acts prohibited under Sections 11-1.20 through 11-1.60 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012. | ||||||
2 | "Sexual harassment" means any harassment or discrimination
| ||||||
3 | on the basis of an individual's actual or perceived sex or | ||||||
4 | gender, including unwelcome sexual advances, requests for | ||||||
5 | sexual favors, or other verbal or physical conduct of a sexual | ||||||
6 | nature.
| ||||||
7 | (Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A. | ||||||
8 | 101-639 for effective date of P.A. 101-221); revised 6-16-20.)
| ||||||
9 | (820 ILCS 325/5-10) | ||||||
10 | (This Section may contain text from a Public Act with a | ||||||
11 | delayed effective date )
| ||||||
12 | Sec. 5-10. Hotels and casinos; safety devices; anti-sexual | ||||||
13 | harassment policies. | ||||||
14 | (a) Each hotel and casino shall equip an employee who is | ||||||
15 | assigned to work in a guest room, restroom, or casino floor, | ||||||
16 | under circumstances where no other employee is present in the | ||||||
17 | room or area, with a safety device or notification device. The | ||||||
18 | employee may use the safety device or notification device to | ||||||
19 | summon help if the employee reasonably believes that an | ||||||
20 | ongoing crime, sexual harassment, sexual assault, or other | ||||||
21 | emergency is occurring in the employee's presence. The safety | ||||||
22 | device or notification device shall be provided by the hotel | ||||||
23 | or casino at no cost to the employee. | ||||||
24 | (b) Each hotel employer and casino employer shall develop, | ||||||
25 | maintain, and comply with a written anti-sexual harassment |
| |||||||
| |||||||
1 | policy to protect employees against sexual assault and sexual | ||||||
2 | harassment by guests. This policy shall: | ||||||
3 | (1) encourage an employee to immediately report to the | ||||||
4 | hotel employer or casino employer any instance of alleged | ||||||
5 | sexual assault or sexual harassment by a guest; | ||||||
6 | (2) describe the procedures that the complaining | ||||||
7 | employee and hotel employer or casino employer shall | ||||||
8 | follow in cases under paragraph (1); | ||||||
9 | (3) instruct the complaining employee to cease work | ||||||
10 | and to leave the immediate area where danger is perceived | ||||||
11 | until hotel or casino security personnel or police arrive | ||||||
12 | to provide assistance; | ||||||
13 | (4) offer temporary work assignments to the | ||||||
14 | complaining employee during the duration of the offending | ||||||
15 | guest's stay at the hotel or casino, which may include | ||||||
16 | assigning the complaining employee to work on a different | ||||||
17 | floor or at a different station or work area away from the | ||||||
18 | offending guest; | ||||||
19 | (5) provide the complaining employee with necessary | ||||||
20 | paid time off to: | ||||||
21 | (A) file a police report or criminal complaint | ||||||
22 | with the appropriate local authorities against the | ||||||
23 | offending guest; and | ||||||
24 | (B) if so required, testify as a witness at any | ||||||
25 | legal proceeding that may ensue as a result of the | ||||||
26 | criminal complaint filed against the offending guest, |
| |||||||
| |||||||
1 | if the complaining employee is still in the employ of | ||||||
2 | the hotel or casino at the time the legal proceeding | ||||||
3 | occurs; | ||||||
4 | (6) inform the complaining employee that the Illinois | ||||||
5 | Human Rights Act and Title VII of the Civil Rights Act of | ||||||
6 | 1964 provide additional protections against sexual | ||||||
7 | harassment in the workplace; and | ||||||
8 | (7) inform the complaining employee that Section 5-15 | ||||||
9 | 15 makes it illegal for an employer to retaliate against | ||||||
10 | any employee who: reasonably uses a safety device or | ||||||
11 | notification device; in good faith avails himself or | ||||||
12 | herself of the requirements set forth in paragraph (3), | ||||||
13 | (4), or (5); or discloses, reports, or testifies about any | ||||||
14 | violation of this Act or rules adopted under this Act. | ||||||
15 | Each hotel employer and casino employer shall provide all | ||||||
16 | employees with a current copy in English and Spanish of the | ||||||
17 | hotel employer's or casino employer's anti-sexual harassment | ||||||
18 | policy and post the policy in English and Spanish in | ||||||
19 | conspicuous places in areas of the hotel or casino, such as | ||||||
20 | supply rooms or employee lunch rooms, where employees can | ||||||
21 | reasonably be expected to see it. Each hotel employer and | ||||||
22 | casino employer shall also make all reasonable efforts to | ||||||
23 | provide employees with a current copy of its written | ||||||
24 | anti-sexual harassment policy in any language other than | ||||||
25 | English and Spanish that, in its sole discretion, is spoken by | ||||||
26 | a predominant portion of its employees.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A. | ||||||
2 | 101-639 for effective date of P.A. 101-221); revised 6-16-20.)
| ||||||
3 | (820 ILCS 325/5-15) | ||||||
4 | (This Section may contain text from a Public Act with a | ||||||
5 | delayed effective date )
| ||||||
6 | Sec. 5-15. Retaliation prohibited. It is unlawful for a | ||||||
7 | hotel employer or casino employer to retaliate against an | ||||||
8 | employee for: | ||||||
9 | (1) reasonably using a safety device or notification | ||||||
10 | device; | ||||||
11 | (2) availing himself or herself of the provisions of | ||||||
12 | paragraph (3), (4), or (5) of subsection (b) of Section | ||||||
13 | 5-10 10 ; or | ||||||
14 | (3) disclosing, reporting, or testifying about any | ||||||
15 | violation of this Act or any rule adopted under this Act.
| ||||||
16 | (Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A. | ||||||
17 | 101-639 for effective date of P.A. 101-221); revised 6-16-20.)
| ||||||
18 | Section 875. The Illinois Income Tax Act is amended by | ||||||
19 | changing Sections 201, 208, 502, and 901 as follows:
| ||||||
20 | (35 ILCS 5/201)
| ||||||
21 | (Text of Section without the changes made by P.A. 101-8, | ||||||
22 | which did not take effect (see Section 99 of P.A. 101-8)) | ||||||
23 | Sec. 201. Tax imposed. |
| |||||||
| |||||||
1 | (a) In general. A tax measured by net income is hereby | ||||||
2 | imposed on every
individual, corporation, trust and estate for | ||||||
3 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
4 | of earning or receiving income in or
as a resident of this | ||||||
5 | State. Such tax shall be in addition to all other
occupation or | ||||||
6 | privilege taxes imposed by this State or by any municipal
| ||||||
7 | corporation or political subdivision thereof. | ||||||
8 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
9 | Section shall be
determined as follows, except as adjusted by | ||||||
10 | subsection (d-1): | ||||||
11 | (1) In the case of an individual, trust or estate, for | ||||||
12 | taxable years
ending prior to July 1, 1989, an amount | ||||||
13 | equal to 2 1/2% of the taxpayer's
net income for the | ||||||
14 | taxable year. | ||||||
15 | (2) In the case of an individual, trust or estate, for | ||||||
16 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
17 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
18 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
19 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
20 | 3% of the
taxpayer's net income for the period after June | ||||||
21 | 30, 1989, as calculated
under Section 202.3. | ||||||
22 | (3) In the case of an individual, trust or estate, for | ||||||
23 | taxable years
beginning after June 30, 1989, and ending | ||||||
24 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
25 | taxpayer's net
income for the taxable year. | ||||||
26 | (4) In the case of an individual, trust, or estate, |
| |||||||
| |||||||
1 | for taxable years beginning prior to January 1, 2011, and | ||||||
2 | ending after December 31, 2010, an amount equal to the sum | ||||||
3 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
4 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
5 | (ii) 5% of the taxpayer's net income for the period after | ||||||
6 | December 31, 2010, as calculated under Section 202.5. | ||||||
7 | (5) In the case of an individual, trust, or estate, | ||||||
8 | for taxable years beginning on or after January 1, 2011, | ||||||
9 | and ending prior to January 1, 2015, an amount equal to 5% | ||||||
10 | of the taxpayer's net income for the taxable year. | ||||||
11 | (5.1) In the case of an individual, trust, or estate, | ||||||
12 | for taxable years beginning prior to January 1, 2015, and | ||||||
13 | ending after December 31, 2014, an amount equal to the sum | ||||||
14 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
15 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
16 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
17 | after December 31, 2014, as calculated under Section | ||||||
18 | 202.5. | ||||||
19 | (5.2) In the case of an individual, trust, or estate, | ||||||
20 | for taxable years beginning on or after January 1, 2015, | ||||||
21 | and ending prior to July 1, 2017, an amount equal to 3.75% | ||||||
22 | of the taxpayer's net income for the taxable year. | ||||||
23 | (5.3) In the case of an individual, trust, or estate, | ||||||
24 | for taxable years beginning prior to July 1, 2017, and | ||||||
25 | ending after June 30, 2017, an amount equal to the sum of | ||||||
26 | (i) 3.75% of the taxpayer's net income for the period |
| |||||||
| |||||||
1 | prior to July 1, 2017, as calculated under Section 202.5, | ||||||
2 | and (ii) 4.95% of the taxpayer's net income for the period | ||||||
3 | after June 30, 2017, as calculated under Section 202.5. | ||||||
4 | (5.4) In the case of an individual, trust, or estate, | ||||||
5 | for taxable years beginning on or after July 1, 2017, an | ||||||
6 | amount equal to 4.95% of the taxpayer's net income for the | ||||||
7 | taxable year. | ||||||
8 | (6) In the case of a corporation, for taxable years
| ||||||
9 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
10 | taxpayer's net income for the taxable year. | ||||||
11 | (7) In the case of a corporation, for taxable years | ||||||
12 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
13 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
14 | taxpayer's net income for the period prior to July 1, | ||||||
15 | 1989,
as calculated under Section 202.3, and (ii) 4.8% of | ||||||
16 | the taxpayer's net
income for the period after June 30, | ||||||
17 | 1989, as calculated under Section
202.3. | ||||||
18 | (8) In the case of a corporation, for taxable years | ||||||
19 | beginning after
June 30, 1989, and ending prior to January | ||||||
20 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
21 | income for the
taxable year. | ||||||
22 | (9) In the case of a corporation, for taxable years | ||||||
23 | beginning prior to January 1, 2011, and ending after | ||||||
24 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
25 | of the taxpayer's net income for the period prior to | ||||||
26 | January 1, 2011, as calculated under Section 202.5, and |
| |||||||
| |||||||
1 | (ii) 7% of the taxpayer's net income for the period after | ||||||
2 | December 31, 2010, as calculated under Section 202.5. | ||||||
3 | (10) In the case of a corporation, for taxable years | ||||||
4 | beginning on or after January 1, 2011, and ending prior to | ||||||
5 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
6 | net income for the taxable year. | ||||||
7 | (11) In the case of a corporation, for taxable years | ||||||
8 | beginning prior to January 1, 2015, and ending after | ||||||
9 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
10 | the taxpayer's net income for the period prior to January | ||||||
11 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
12 | of the taxpayer's net income for the period after December | ||||||
13 | 31, 2014, as calculated under Section 202.5. | ||||||
14 | (12) In the case of a corporation, for taxable years | ||||||
15 | beginning on or after January 1, 2015, and ending prior to | ||||||
16 | July 1, 2017, an amount equal to 5.25% of the taxpayer's | ||||||
17 | net income for the taxable year. | ||||||
18 | (13) In the case of a corporation, for taxable years | ||||||
19 | beginning prior to July 1, 2017, and ending after June 30, | ||||||
20 | 2017, an amount equal to the sum of (i) 5.25% of the | ||||||
21 | taxpayer's net income for the period prior to July 1, | ||||||
22 | 2017, as calculated under Section 202.5, and (ii) 7% of | ||||||
23 | the taxpayer's net income for the period after June 30, | ||||||
24 | 2017, as calculated under Section 202.5. | ||||||
25 | (14) In the case of a corporation, for taxable years | ||||||
26 | beginning on or after July 1, 2017, an amount equal to 7% |
| |||||||
| |||||||
1 | of the taxpayer's net income for the taxable year. | ||||||
2 | The rates under this subsection (b) are subject to the | ||||||
3 | provisions of Section 201.5. | ||||||
4 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
5 | and intangibles of organization gaming licensees. For each of | ||||||
6 | taxable years 2019 through 2027, a surcharge is imposed on all | ||||||
7 | taxpayers on income arising from the sale or exchange of | ||||||
8 | capital assets, depreciable business property, real property | ||||||
9 | used in the trade or business, and Section 197 intangibles (i) | ||||||
10 | of an organization licensee under the Illinois Horse Racing | ||||||
11 | Act of 1975 and (ii) of an organization gaming licensee under | ||||||
12 | the Illinois Gambling Act. The amount of the surcharge is | ||||||
13 | equal to the amount of federal income tax liability for the | ||||||
14 | taxable year attributable to those sales and exchanges. The | ||||||
15 | surcharge imposed shall not apply if: | ||||||
16 | (1) the organization gaming license, organization | ||||||
17 | license, or racetrack property is transferred as a result | ||||||
18 | of any of the following: | ||||||
19 | (A) bankruptcy, a receivership, or a debt | ||||||
20 | adjustment initiated by or against the initial | ||||||
21 | licensee or the substantial owners of the initial | ||||||
22 | licensee; | ||||||
23 | (B) cancellation, revocation, or termination of | ||||||
24 | any such license by the Illinois Gaming Board or the | ||||||
25 | Illinois Racing Board; | ||||||
26 | (C) a determination by the Illinois Gaming Board |
| |||||||
| |||||||
1 | that transfer of the license is in the best interests | ||||||
2 | of Illinois gaming; | ||||||
3 | (D) the death of an owner of the equity interest in | ||||||
4 | a licensee; | ||||||
5 | (E) the acquisition of a controlling interest in | ||||||
6 | the stock or substantially all of the assets of a | ||||||
7 | publicly traded company; | ||||||
8 | (F) a transfer by a parent company to a wholly | ||||||
9 | owned subsidiary; or | ||||||
10 | (G) the transfer or sale to or by one person to | ||||||
11 | another person where both persons were initial owners | ||||||
12 | of the license when the license was issued; or | ||||||
13 | (2) the controlling interest in the organization | ||||||
14 | gaming license, organization license, or racetrack | ||||||
15 | property is transferred in a transaction to lineal | ||||||
16 | descendants in which no gain or loss is recognized or as a | ||||||
17 | result of a transaction in accordance with Section 351 of | ||||||
18 | the Internal Revenue Code in which no gain or loss is | ||||||
19 | recognized; or | ||||||
20 | (3) live horse racing was not conducted in 2010 at a | ||||||
21 | racetrack located within 3 miles of the Mississippi River | ||||||
22 | under a license issued pursuant to the Illinois Horse | ||||||
23 | Racing Act of 1975. | ||||||
24 | The transfer of an organization gaming license, | ||||||
25 | organization license, or racetrack property by a person other | ||||||
26 | than the initial licensee to receive the organization gaming |
| |||||||
| |||||||
1 | license is not subject to a surcharge. The Department shall | ||||||
2 | adopt rules necessary to implement and administer this | ||||||
3 | subsection. | ||||||
4 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
5 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
6 | income
tax, there is also hereby imposed the Personal Property | ||||||
7 | Tax Replacement
Income Tax measured by net income on every | ||||||
8 | corporation (including Subchapter
S corporations), partnership | ||||||
9 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
10 | Such taxes are imposed on the privilege of earning or
| ||||||
11 | receiving income in or as a resident of this State. The | ||||||
12 | Personal Property
Tax Replacement Income Tax shall be in | ||||||
13 | addition to the income tax imposed
by subsections (a) and (b) | ||||||
14 | of this Section and in addition to all other
occupation or | ||||||
15 | privilege taxes imposed by this State or by any municipal
| ||||||
16 | corporation or political subdivision thereof. | ||||||
17 | (d) Additional Personal Property Tax Replacement Income | ||||||
18 | Tax Rates.
The personal property tax replacement income tax | ||||||
19 | imposed by this subsection
and subsection (c) of this Section | ||||||
20 | in the case of a corporation, other
than a Subchapter S | ||||||
21 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
22 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
23 | income for the taxable year, except that
beginning on January | ||||||
24 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
25 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
26 | partnership, trust or a Subchapter S corporation shall be an |
| |||||||
| |||||||
1 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
2 | for the taxable year. | ||||||
3 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
4 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
5 | Illinois Insurance Code,
whose state or country of domicile | ||||||
6 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
7 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
8 | are 50% or more of its total insurance
premiums as determined | ||||||
9 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
10 | that for purposes of this determination premiums from | ||||||
11 | reinsurance do
not include premiums from inter-affiliate | ||||||
12 | reinsurance arrangements),
beginning with taxable years ending | ||||||
13 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
14 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
15 | increased) to the rate at which the total amount of tax imposed | ||||||
16 | under this Act,
net of all credits allowed under this Act, | ||||||
17 | shall equal (i) the total amount of
tax that would be imposed | ||||||
18 | on the foreign insurer's net income allocable to
Illinois for | ||||||
19 | the taxable year by such foreign insurer's state or country of
| ||||||
20 | domicile if that net income were subject to all income taxes | ||||||
21 | and taxes
measured by net income imposed by such foreign | ||||||
22 | insurer's state or country of
domicile, net of all credits | ||||||
23 | allowed or (ii) a rate of zero if no such tax is
imposed on | ||||||
24 | such income by the foreign insurer's state of domicile.
For | ||||||
25 | the purposes of this subsection (d-1), an inter-affiliate | ||||||
26 | includes a
mutual insurer under common management. |
| |||||||
| |||||||
1 | (1) For the purposes of subsection (d-1), in no event | ||||||
2 | shall the sum of the
rates of tax imposed by subsections | ||||||
3 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
4 | (A) the total amount of tax imposed on such | ||||||
5 | foreign insurer under
this Act for a taxable year, net | ||||||
6 | of all credits allowed under this Act, plus | ||||||
7 | (B) the privilege tax imposed by Section 409 of | ||||||
8 | the Illinois Insurance
Code, the fire insurance | ||||||
9 | company tax imposed by Section 12 of the Fire
| ||||||
10 | Investigation Act, and the fire department taxes | ||||||
11 | imposed under Section 11-10-1
of the Illinois | ||||||
12 | Municipal Code, | ||||||
13 | equals 1.25% for taxable years ending prior to December | ||||||
14 | 31, 2003, or
1.75% for taxable years ending on or after | ||||||
15 | December 31, 2003, of the net
taxable premiums written for | ||||||
16 | the taxable year,
as described by subsection (1) of | ||||||
17 | Section 409 of the Illinois Insurance Code.
This paragraph | ||||||
18 | will in no event increase the rates imposed under | ||||||
19 | subsections
(b) and (d). | ||||||
20 | (2) Any reduction in the rates of tax imposed by this | ||||||
21 | subsection shall be
applied first against the rates | ||||||
22 | imposed by subsection (b) and only after the
tax imposed | ||||||
23 | by subsection (a) net of all credits allowed under this | ||||||
24 | Section
other than the credit allowed under subsection (i) | ||||||
25 | has been reduced to zero,
against the rates imposed by | ||||||
26 | subsection (d). |
| |||||||
| |||||||
1 | This subsection (d-1) is exempt from the provisions of | ||||||
2 | Section 250. | ||||||
3 | (e) Investment credit. A taxpayer shall be allowed a | ||||||
4 | credit
against the Personal Property Tax Replacement Income | ||||||
5 | Tax for
investment in qualified property. | ||||||
6 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
7 | of
the basis of qualified property placed in service | ||||||
8 | during the taxable year,
provided such property is placed | ||||||
9 | in service on or after
July 1, 1984. There shall be allowed | ||||||
10 | an additional credit equal
to .5% of the basis of | ||||||
11 | qualified property placed in service during the
taxable | ||||||
12 | year, provided such property is placed in service on or
| ||||||
13 | after July 1, 1986, and the taxpayer's base employment
| ||||||
14 | within Illinois has increased by 1% or more over the | ||||||
15 | preceding year as
determined by the taxpayer's employment | ||||||
16 | records filed with the
Illinois Department of Employment | ||||||
17 | Security. Taxpayers who are new to
Illinois shall be | ||||||
18 | deemed to have met the 1% growth in base employment for
the | ||||||
19 | first year in which they file employment records with the | ||||||
20 | Illinois
Department of Employment Security. The provisions | ||||||
21 | added to this Section by
Public Act 85-1200 (and restored | ||||||
22 | by Public Act 87-895) shall be
construed as declaratory of | ||||||
23 | existing law and not as a new enactment. If,
in any year, | ||||||
24 | the increase in base employment within Illinois over the
| ||||||
25 | preceding year is less than 1%, the additional credit | ||||||
26 | shall be limited to that
percentage times a fraction, the |
| |||||||
| |||||||
1 | numerator of which is .5% and the denominator
of which is | ||||||
2 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
3 | not be
allowed to the extent that it would reduce a | ||||||
4 | taxpayer's liability in any tax
year below zero, nor may | ||||||
5 | any credit for qualified property be allowed for any
year | ||||||
6 | other than the year in which the property was placed in | ||||||
7 | service in
Illinois. For tax years ending on or after | ||||||
8 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
9 | credit shall be allowed for the tax year in
which the | ||||||
10 | property is placed in service, or, if the amount of the | ||||||
11 | credit
exceeds the tax liability for that year, whether it | ||||||
12 | exceeds the original
liability or the liability as later | ||||||
13 | amended, such excess may be carried
forward and applied to | ||||||
14 | the tax liability of the 5 taxable years following
the | ||||||
15 | excess credit years if the taxpayer (i) makes investments | ||||||
16 | which cause
the creation of a minimum of 2,000 full-time | ||||||
17 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
18 | enterprise zone established pursuant to the Illinois
| ||||||
19 | Enterprise Zone Act and (iii) is certified by the | ||||||
20 | Department of Commerce
and Community Affairs (now | ||||||
21 | Department of Commerce and Economic Opportunity) as | ||||||
22 | complying with the requirements specified in
clause (i) | ||||||
23 | and (ii) by July 1, 1986. The Department of Commerce and
| ||||||
24 | Community Affairs (now Department of Commerce and Economic | ||||||
25 | Opportunity) shall notify the Department of Revenue of all | ||||||
26 | such
certifications immediately. For tax years ending |
| |||||||
| |||||||
1 | after December 31, 1988,
the credit shall be allowed for | ||||||
2 | the tax year in which the property is
placed in service, | ||||||
3 | or, if the amount of the credit exceeds the tax
liability | ||||||
4 | for that year, whether it exceeds the original liability | ||||||
5 | or the
liability as later amended, such excess may be | ||||||
6 | carried forward and applied
to the tax liability of the 5 | ||||||
7 | taxable years following the excess credit
years. The | ||||||
8 | credit shall be applied to the earliest year for which | ||||||
9 | there is
a liability. If there is credit from more than one | ||||||
10 | tax year that is
available to offset a liability, earlier | ||||||
11 | credit shall be applied first. | ||||||
12 | (2) The term "qualified property" means property | ||||||
13 | which: | ||||||
14 | (A) is tangible, whether new or used, including | ||||||
15 | buildings and structural
components of buildings and | ||||||
16 | signs that are real property, but not including
land | ||||||
17 | or improvements to real property that are not a | ||||||
18 | structural component of a
building such as | ||||||
19 | landscaping, sewer lines, local access roads, fencing, | ||||||
20 | parking
lots, and other appurtenances; | ||||||
21 | (B) is depreciable pursuant to Section 167 of the | ||||||
22 | Internal Revenue Code,
except that "3-year property" | ||||||
23 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
24 | eligible for the credit provided by this subsection | ||||||
25 | (e); | ||||||
26 | (C) is acquired by purchase as defined in Section |
| |||||||
| |||||||
1 | 179(d) of
the Internal Revenue Code; | ||||||
2 | (D) is used in Illinois by a taxpayer who is | ||||||
3 | primarily engaged in
manufacturing, or in mining coal | ||||||
4 | or fluorite, or in retailing, or was placed in service | ||||||
5 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
6 | Zone established pursuant to the River Edge | ||||||
7 | Redevelopment Zone Act; and | ||||||
8 | (E) has not previously been used in Illinois in | ||||||
9 | such a manner and by
such a person as would qualify for | ||||||
10 | the credit provided by this subsection
(e) or | ||||||
11 | subsection (f). | ||||||
12 | (3) For purposes of this subsection (e), | ||||||
13 | "manufacturing" means
the material staging and production | ||||||
14 | of tangible personal property by
procedures commonly | ||||||
15 | regarded as manufacturing, processing, fabrication, or
| ||||||
16 | assembling which changes some existing material into new | ||||||
17 | shapes, new
qualities, or new combinations. For purposes | ||||||
18 | of this subsection
(e) the term "mining" shall have the | ||||||
19 | same meaning as the term "mining" in
Section 613(c) of the | ||||||
20 | Internal Revenue Code. For purposes of this subsection
| ||||||
21 | (e), the term "retailing" means the sale of tangible | ||||||
22 | personal property for use or consumption and not for | ||||||
23 | resale, or
services rendered in conjunction with the sale | ||||||
24 | of tangible personal property for use or consumption and | ||||||
25 | not for resale. For purposes of this subsection (e), | ||||||
26 | "tangible personal property" has the same meaning as when |
| |||||||
| |||||||
1 | that term is used in the Retailers' Occupation Tax Act, | ||||||
2 | and, for taxable years ending after December 31, 2008, | ||||||
3 | does not include the generation, transmission, or | ||||||
4 | distribution of electricity. | ||||||
5 | (4) The basis of qualified property shall be the basis
| ||||||
6 | used to compute the depreciation deduction for federal | ||||||
7 | income tax purposes. | ||||||
8 | (5) If the basis of the property for federal income | ||||||
9 | tax depreciation
purposes is increased after it has been | ||||||
10 | placed in service in Illinois by
the taxpayer, the amount | ||||||
11 | of such increase shall be deemed property placed
in | ||||||
12 | service on the date of such increase in basis. | ||||||
13 | (6) The term "placed in service" shall have the same
| ||||||
14 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
15 | (7) If during any taxable year, any property ceases to
| ||||||
16 | be qualified property in the hands of the taxpayer within | ||||||
17 | 48 months after
being placed in service, or the situs of | ||||||
18 | any qualified property is
moved outside Illinois within 48 | ||||||
19 | months after being placed in service, the
Personal | ||||||
20 | Property Tax Replacement Income Tax for such taxable year | ||||||
21 | shall be
increased. Such increase shall be determined by | ||||||
22 | (i) recomputing the
investment credit which would have | ||||||
23 | been allowed for the year in which
credit for such | ||||||
24 | property was originally allowed by eliminating such
| ||||||
25 | property from such computation and, (ii) subtracting such | ||||||
26 | recomputed credit
from the amount of credit previously |
| |||||||
| |||||||
1 | allowed. For the purposes of this
paragraph (7), a | ||||||
2 | reduction of the basis of qualified property resulting
| ||||||
3 | from a redetermination of the purchase price shall be | ||||||
4 | deemed a disposition
of qualified property to the extent | ||||||
5 | of such reduction. | ||||||
6 | (8) Unless the investment credit is extended by law, | ||||||
7 | the
basis of qualified property shall not include costs | ||||||
8 | incurred after
December 31, 2018, except for costs | ||||||
9 | incurred pursuant to a binding
contract entered into on or | ||||||
10 | before December 31, 2018. | ||||||
11 | (9) Each taxable year ending before December 31, 2000, | ||||||
12 | a partnership may
elect to pass through to its
partners | ||||||
13 | the credits to which the partnership is entitled under | ||||||
14 | this subsection
(e) for the taxable year. A partner may | ||||||
15 | use the credit allocated to him or her
under this | ||||||
16 | paragraph only against the tax imposed in subsections (c) | ||||||
17 | and (d) of
this Section. If the partnership makes that | ||||||
18 | election, those credits shall be
allocated among the | ||||||
19 | partners in the partnership in accordance with the rules
| ||||||
20 | set forth in Section 704(b) of the Internal Revenue Code, | ||||||
21 | and the rules
promulgated under that Section, and the | ||||||
22 | allocated amount of the credits shall
be allowed to the | ||||||
23 | partners for that taxable year. The partnership shall make
| ||||||
24 | this election on its Personal Property Tax Replacement | ||||||
25 | Income Tax return for
that taxable year. The election to | ||||||
26 | pass through the credits shall be
irrevocable. |
| |||||||
| |||||||
1 | For taxable years ending on or after December 31, | ||||||
2 | 2000, a
partner that qualifies its
partnership for a | ||||||
3 | subtraction under subparagraph (I) of paragraph (2) of
| ||||||
4 | subsection (d) of Section 203 or a shareholder that | ||||||
5 | qualifies a Subchapter S
corporation for a subtraction | ||||||
6 | under subparagraph (S) of paragraph (2) of
subsection (b) | ||||||
7 | of Section 203 shall be allowed a credit under this | ||||||
8 | subsection
(e) equal to its share of the credit earned | ||||||
9 | under this subsection (e) during
the taxable year by the | ||||||
10 | partnership or Subchapter S corporation, determined in
| ||||||
11 | accordance with the determination of income and | ||||||
12 | distributive share of
income under Sections 702 and 704 | ||||||
13 | and Subchapter S of the Internal Revenue
Code. This | ||||||
14 | paragraph is exempt from the provisions of Section 250. | ||||||
15 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
16 | Redevelopment Zone. | ||||||
17 | (1) A taxpayer shall be allowed a credit against the | ||||||
18 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
19 | investment in qualified
property which is placed in | ||||||
20 | service in an Enterprise Zone created
pursuant to the | ||||||
21 | Illinois Enterprise Zone Act or, for property placed in | ||||||
22 | service on or after July 1, 2006, a River Edge | ||||||
23 | Redevelopment Zone established pursuant to the River Edge | ||||||
24 | Redevelopment Zone Act. For partners, shareholders
of | ||||||
25 | Subchapter S corporations, and owners of limited liability | ||||||
26 | companies,
if the liability company is treated as a |
| |||||||
| |||||||
1 | partnership for purposes of
federal and State income | ||||||
2 | taxation, there shall be allowed a credit under
this | ||||||
3 | subsection (f) to be determined in accordance with the | ||||||
4 | determination
of income and distributive share of income | ||||||
5 | under Sections 702 and 704 and
Subchapter S of the | ||||||
6 | Internal Revenue Code. The credit shall be .5% of the
| ||||||
7 | basis for such property. The credit shall be available | ||||||
8 | only in the taxable
year in which the property is placed in | ||||||
9 | service in the Enterprise Zone or River Edge Redevelopment | ||||||
10 | Zone and
shall not be allowed to the extent that it would | ||||||
11 | reduce a taxpayer's
liability for the tax imposed by | ||||||
12 | subsections (a) and (b) of this Section to
below zero. For | ||||||
13 | tax years ending on or after December 31, 1985, the credit
| ||||||
14 | shall be allowed for the tax year in which the property is | ||||||
15 | placed in
service, or, if the amount of the credit exceeds | ||||||
16 | the tax liability for that
year, whether it exceeds the | ||||||
17 | original liability or the liability as later
amended, such | ||||||
18 | excess may be carried forward and applied to the tax
| ||||||
19 | liability of the 5 taxable years following the excess | ||||||
20 | credit year.
The credit shall be applied to the earliest | ||||||
21 | year for which there is a
liability. If there is credit | ||||||
22 | from more than one tax year that is available
to offset a | ||||||
23 | liability, the credit accruing first in time shall be | ||||||
24 | applied
first. | ||||||
25 | (2) The term qualified property means property which: | ||||||
26 | (A) is tangible, whether new or used, including |
| |||||||
| |||||||
1 | buildings and
structural components of buildings; | ||||||
2 | (B) is depreciable pursuant to Section 167 of the | ||||||
3 | Internal Revenue
Code, except that "3-year property" | ||||||
4 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
5 | eligible for the credit provided by this subsection | ||||||
6 | (f); | ||||||
7 | (C) is acquired by purchase as defined in Section | ||||||
8 | 179(d) of
the Internal Revenue Code; | ||||||
9 | (D) is used in the Enterprise Zone or River Edge | ||||||
10 | Redevelopment Zone by the taxpayer; and | ||||||
11 | (E) has not been previously used in Illinois in | ||||||
12 | such a manner and by
such a person as would qualify for | ||||||
13 | the credit provided by this subsection
(f) or | ||||||
14 | subsection (e). | ||||||
15 | (3) The basis of qualified property shall be the basis | ||||||
16 | used to compute
the depreciation deduction for federal | ||||||
17 | income tax purposes. | ||||||
18 | (4) If the basis of the property for federal income | ||||||
19 | tax depreciation
purposes is increased after it has been | ||||||
20 | placed in service in the Enterprise
Zone or River Edge | ||||||
21 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
22 | increase shall be deemed property
placed in service on the | ||||||
23 | date of such increase in basis. | ||||||
24 | (5) The term "placed in service" shall have the same | ||||||
25 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
26 | (6) If during any taxable year, any property ceases to |
| |||||||
| |||||||
1 | be qualified
property in the hands of the taxpayer within | ||||||
2 | 48 months after being placed
in service, or the situs of | ||||||
3 | any qualified property is moved outside the
Enterprise | ||||||
4 | Zone or River Edge Redevelopment Zone within 48 months | ||||||
5 | after being placed in service, the tax
imposed under | ||||||
6 | subsections (a) and (b) of this Section for such taxable | ||||||
7 | year
shall be increased. Such increase shall be determined | ||||||
8 | by (i) recomputing
the investment credit which would have | ||||||
9 | been allowed for the year in which
credit for such | ||||||
10 | property was originally allowed by eliminating such
| ||||||
11 | property from such computation, and (ii) subtracting such | ||||||
12 | recomputed credit
from the amount of credit previously | ||||||
13 | allowed. For the purposes of this
paragraph (6), a | ||||||
14 | reduction of the basis of qualified property resulting
| ||||||
15 | from a redetermination of the purchase price shall be | ||||||
16 | deemed a disposition
of qualified property to the extent | ||||||
17 | of such reduction. | ||||||
18 | (7) There shall be allowed an additional credit equal | ||||||
19 | to 0.5% of the basis of qualified property placed in | ||||||
20 | service during the taxable year in a River Edge | ||||||
21 | Redevelopment Zone, provided such property is placed in | ||||||
22 | service on or after July 1, 2006, and the taxpayer's base | ||||||
23 | employment within Illinois has increased by 1% or more | ||||||
24 | over the preceding year as determined by the taxpayer's | ||||||
25 | employment records filed with the Illinois Department of | ||||||
26 | Employment Security. Taxpayers who are new to Illinois |
| |||||||
| |||||||
1 | shall be deemed to have met the 1% growth in base | ||||||
2 | employment for the first year in which they file | ||||||
3 | employment records with the Illinois Department of | ||||||
4 | Employment Security. If, in any year, the increase in base | ||||||
5 | employment within Illinois over the preceding year is less | ||||||
6 | than 1%, the additional credit shall be limited to that | ||||||
7 | percentage times a fraction, the numerator of which is | ||||||
8 | 0.5% and the denominator of which is 1%, but shall not | ||||||
9 | exceed 0.5%.
| ||||||
10 | (8) For taxable years beginning on or after January 1, | ||||||
11 | 2021, there shall be allowed an Enterprise Zone | ||||||
12 | construction jobs credit against the taxes imposed under | ||||||
13 | subsections (a) and (b) of this Section as provided in | ||||||
14 | Section 13 of the Illinois Enterprise Zone Act. | ||||||
15 | The credit or credits may not reduce the taxpayer's | ||||||
16 | liability to less than zero. If the amount of the credit or | ||||||
17 | credits exceeds the taxpayer's liability, the excess may | ||||||
18 | be carried forward and applied against the taxpayer's | ||||||
19 | liability in succeeding calendar years in the same manner | ||||||
20 | provided under paragraph (4) of Section 211 of this Act. | ||||||
21 | The credit or credits shall be applied to the earliest | ||||||
22 | year for which there is a tax liability. If there are | ||||||
23 | credits from more than one taxable year that are available | ||||||
24 | to offset a liability, the earlier credit shall be applied | ||||||
25 | first. | ||||||
26 | For partners, shareholders of Subchapter S |
| |||||||
| |||||||
1 | corporations, and owners of limited liability companies, | ||||||
2 | if the liability company is treated as a partnership for | ||||||
3 | the purposes of federal and State income taxation, there | ||||||
4 | shall be allowed a credit under this Section to be | ||||||
5 | determined in accordance with the determination of income | ||||||
6 | and distributive share of income under Sections 702 and | ||||||
7 | 704 and Subchapter S of the Internal Revenue Code. | ||||||
8 | The total aggregate amount of credits awarded under | ||||||
9 | the Blue Collar Jobs Act (Article 20 of Public Act 101-9 | ||||||
10 | this amendatory Act of the 101st General Assembly ) shall | ||||||
11 | not exceed $20,000,000 in any State fiscal year . | ||||||
12 | This paragraph (8) is exempt from the provisions of | ||||||
13 | Section 250. | ||||||
14 | (g) (Blank). | ||||||
15 | (h) Investment credit; High Impact Business. | ||||||
16 | (1) Subject to subsections (b) and (b-5) of Section
| ||||||
17 | 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall | ||||||
18 | be allowed a credit
against the tax imposed by subsections | ||||||
19 | (a) and (b) of this Section for
investment in qualified
| ||||||
20 | property which is placed in service by a Department of | ||||||
21 | Commerce and Economic Opportunity
designated High Impact | ||||||
22 | Business. The credit shall be .5% of the basis
for such | ||||||
23 | property. The credit shall not be available (i) until the | ||||||
24 | minimum
investments in qualified property set forth in | ||||||
25 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
26 | Enterprise Zone Act have been satisfied
or (ii) until the |
| |||||||
| |||||||
1 | time authorized in subsection (b-5) of the Illinois
| ||||||
2 | Enterprise Zone Act for entities designated as High Impact | ||||||
3 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
4 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
5 | Act, and shall not be allowed to the extent that it would
| ||||||
6 | reduce a taxpayer's liability for the tax imposed by | ||||||
7 | subsections (a) and (b) of
this Section to below zero. The | ||||||
8 | credit applicable to such investments shall be
taken in | ||||||
9 | the taxable year in which such investments have been | ||||||
10 | completed. The
credit for additional investments beyond | ||||||
11 | the minimum investment by a designated
high impact | ||||||
12 | business authorized under subdivision (a)(3)(A) of Section | ||||||
13 | 5.5 of
the Illinois Enterprise Zone Act shall be available | ||||||
14 | only in the taxable year in
which the property is placed in | ||||||
15 | service and shall not be allowed to the extent
that it | ||||||
16 | would reduce a taxpayer's liability for the tax imposed by | ||||||
17 | subsections
(a) and (b) of this Section to below zero.
For | ||||||
18 | tax years ending on or after December 31, 1987, the credit | ||||||
19 | shall be
allowed for the tax year in which the property is | ||||||
20 | placed in service, or, if
the amount of the credit exceeds | ||||||
21 | the tax liability for that year, whether
it exceeds the | ||||||
22 | original liability or the liability as later amended, such
| ||||||
23 | excess may be carried forward and applied to the tax | ||||||
24 | liability of the 5
taxable years following the excess | ||||||
25 | credit year. The credit shall be
applied to the earliest | ||||||
26 | year for which there is a liability. If there is
credit |
| |||||||
| |||||||
1 | from more than one tax year that is available to offset a | ||||||
2 | liability,
the credit accruing first in time shall be | ||||||
3 | applied first. | ||||||
4 | Changes made in this subdivision (h)(1) by Public Act | ||||||
5 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
6 | reflect existing law. | ||||||
7 | (2) The term qualified property means property which: | ||||||
8 | (A) is tangible, whether new or used, including | ||||||
9 | buildings and
structural components of buildings; | ||||||
10 | (B) is depreciable pursuant to Section 167 of the | ||||||
11 | Internal Revenue
Code, except that "3-year property" | ||||||
12 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
13 | eligible for the credit provided by this subsection | ||||||
14 | (h); | ||||||
15 | (C) is acquired by purchase as defined in Section | ||||||
16 | 179(d) of the
Internal Revenue Code; and | ||||||
17 | (D) is not eligible for the Enterprise Zone | ||||||
18 | Investment Credit provided
by subsection (f) of this | ||||||
19 | Section. | ||||||
20 | (3) The basis of qualified property shall be the basis | ||||||
21 | used to compute
the depreciation deduction for federal | ||||||
22 | income tax purposes. | ||||||
23 | (4) If the basis of the property for federal income | ||||||
24 | tax depreciation
purposes is increased after it has been | ||||||
25 | placed in service in a federally
designated Foreign Trade | ||||||
26 | Zone or Sub-Zone located in Illinois by the taxpayer,
the |
| |||||||
| |||||||
1 | amount of such increase shall be deemed property placed in | ||||||
2 | service on
the date of such increase in basis. | ||||||
3 | (5) The term "placed in service" shall have the same | ||||||
4 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
5 | (6) If during any taxable year ending on or before | ||||||
6 | December 31, 1996,
any property ceases to be qualified
| ||||||
7 | property in the hands of the taxpayer within 48 months | ||||||
8 | after being placed
in service, or the situs of any | ||||||
9 | qualified property is moved outside
Illinois within 48 | ||||||
10 | months after being placed in service, the tax imposed
| ||||||
11 | under subsections (a) and (b) of this Section for such | ||||||
12 | taxable year shall
be increased. Such increase shall be | ||||||
13 | determined by (i) recomputing the
investment credit which | ||||||
14 | would have been allowed for the year in which
credit for | ||||||
15 | such property was originally allowed by eliminating such
| ||||||
16 | property from such computation, and (ii) subtracting such | ||||||
17 | recomputed credit
from the amount of credit previously | ||||||
18 | allowed. For the purposes of this
paragraph (6), a | ||||||
19 | reduction of the basis of qualified property resulting
| ||||||
20 | from a redetermination of the purchase price shall be | ||||||
21 | deemed a disposition
of qualified property to the extent | ||||||
22 | of such reduction. | ||||||
23 | (7) Beginning with tax years ending after December 31, | ||||||
24 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
25 | subsection (h) and thereby is
granted a tax abatement and | ||||||
26 | the taxpayer relocates its entire facility in
violation of |
| |||||||
| |||||||
1 | the explicit terms and length of the contract under | ||||||
2 | Section
18-183 of the Property Tax Code, the tax imposed | ||||||
3 | under subsections
(a) and (b) of this Section shall be | ||||||
4 | increased for the taxable year
in which the taxpayer | ||||||
5 | relocated its facility by an amount equal to the
amount of | ||||||
6 | credit received by the taxpayer under this subsection (h). | ||||||
7 | (h-5) High Impact Business construction constructions jobs | ||||||
8 | credit. For taxable years beginning on or after January 1, | ||||||
9 | 2021, there shall also be allowed a High Impact Business | ||||||
10 | construction jobs credit against the tax imposed under | ||||||
11 | subsections (a) and (b) of this Section as provided in | ||||||
12 | subsections (i) and (j) of Section 5.5 of the Illinois | ||||||
13 | Enterprise Zone Act. | ||||||
14 | The credit or credits may not reduce the taxpayer's | ||||||
15 | liability to less than zero. If the amount of the credit or | ||||||
16 | credits exceeds the taxpayer's liability, the excess may be | ||||||
17 | carried forward and applied against the taxpayer's liability | ||||||
18 | in succeeding calendar years in the manner provided under | ||||||
19 | paragraph (4) of Section 211 of this Act. The credit or credits | ||||||
20 | shall be applied to the earliest year for which there is a tax | ||||||
21 | liability. If there are credits from more than one taxable | ||||||
22 | year that are available to offset a liability, the earlier | ||||||
23 | credit shall be applied first. | ||||||
24 | For partners, shareholders of Subchapter S corporations, | ||||||
25 | and owners of limited liability companies, if the liability | ||||||
26 | company is treated as a partnership for the purposes of |
| |||||||
| |||||||
1 | federal and State income taxation, there shall be allowed a | ||||||
2 | credit under this Section to be determined in accordance with | ||||||
3 | the determination of income and distributive share of income | ||||||
4 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
5 | Revenue Code. | ||||||
6 | The total aggregate amount of credits awarded under the | ||||||
7 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
8 | amendatory Act of the 101st General Assembly ) shall not exceed | ||||||
9 | $20,000,000 in any State fiscal year . | ||||||
10 | This subsection (h-5) is exempt from the provisions of | ||||||
11 | Section 250. | ||||||
12 | (i) Credit for Personal Property Tax Replacement Income | ||||||
13 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
14 | shall be allowed
against the tax imposed by
subsections (a) | ||||||
15 | and (b) of this Section for the tax imposed by subsections (c)
| ||||||
16 | and (d) of this Section. This credit shall be computed by | ||||||
17 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
18 | Section by a fraction, the numerator
of which is base income | ||||||
19 | allocable to Illinois and the denominator of which is
Illinois | ||||||
20 | base income, and further multiplying the product by the tax | ||||||
21 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
22 | Any credit earned on or after December 31, 1986 under
this | ||||||
23 | subsection which is unused in the year
the credit is computed | ||||||
24 | because it exceeds the tax liability imposed by
subsections | ||||||
25 | (a) and (b) for that year (whether it exceeds the original
| ||||||
26 | liability or the liability as later amended) may be carried |
| |||||||
| |||||||
1 | forward and
applied to the tax liability imposed by | ||||||
2 | subsections (a) and (b) of the 5
taxable years following the | ||||||
3 | excess credit year, provided that no credit may
be carried | ||||||
4 | forward to any year ending on or
after December 31, 2003. This | ||||||
5 | credit shall be
applied first to the earliest year for which | ||||||
6 | there is a liability. If
there is a credit under this | ||||||
7 | subsection from more than one tax year that is
available to | ||||||
8 | offset a liability the earliest credit arising under this
| ||||||
9 | subsection shall be applied first. | ||||||
10 | If, during any taxable year ending on or after December | ||||||
11 | 31, 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
12 | Section for which a taxpayer
has claimed a credit under this | ||||||
13 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
14 | shall also be reduced. Such reduction shall be
determined by | ||||||
15 | recomputing the credit to take into account the reduced tax
| ||||||
16 | imposed by subsections (c) and (d). If any portion of the
| ||||||
17 | reduced amount of credit has been carried to a different | ||||||
18 | taxable year, an
amended return shall be filed for such | ||||||
19 | taxable year to reduce the amount of
credit claimed. | ||||||
20 | (j) Training expense credit. Beginning with tax years | ||||||
21 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
22 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
23 | imposed by subsections (a) and (b) under this Section
for all | ||||||
24 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
25 | the taxpayer in Illinois or Illinois residents employed
| ||||||
26 | outside of Illinois by a taxpayer, for educational or |
| |||||||
| |||||||
1 | vocational training in
semi-technical or technical fields or | ||||||
2 | semi-skilled or skilled fields, which
were deducted from gross | ||||||
3 | income in the computation of taxable income. The
credit | ||||||
4 | against the tax imposed by subsections (a) and (b) shall be | ||||||
5 | 1.6% of
such training expenses. For partners, shareholders of | ||||||
6 | subchapter S
corporations, and owners of limited liability | ||||||
7 | companies, if the liability
company is treated as a | ||||||
8 | partnership for purposes of federal and State income
taxation, | ||||||
9 | there shall be allowed a credit under this subsection (j) to be
| ||||||
10 | determined in accordance with the determination of income and | ||||||
11 | distributive
share of income under Sections 702 and 704 and | ||||||
12 | subchapter S of the Internal
Revenue Code. | ||||||
13 | Any credit allowed under this subsection which is unused | ||||||
14 | in the year
the credit is earned may be carried forward to each | ||||||
15 | of the 5 taxable
years following the year for which the credit | ||||||
16 | is first computed until it is
used. This credit shall be | ||||||
17 | applied first to the earliest year for which
there is a | ||||||
18 | liability. If there is a credit under this subsection from | ||||||
19 | more
than one tax year that is available to offset a liability , | ||||||
20 | the earliest
credit arising under this subsection shall be | ||||||
21 | applied first. No carryforward
credit may be claimed in any | ||||||
22 | tax year ending on or after
December 31, 2003. | ||||||
23 | (k) Research and development credit. For tax years ending | ||||||
24 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
25 | beginning again for tax years ending on or after December 31, | ||||||
26 | 2004, and ending prior to January 1, 2027, a taxpayer shall be
|
| |||||||
| |||||||
1 | allowed a credit against the tax imposed by subsections (a) | ||||||
2 | and (b) of this
Section for increasing research activities in | ||||||
3 | this State. The credit
allowed against the tax imposed by | ||||||
4 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
5 | qualifying expenditures for increasing research activities
in | ||||||
6 | this State. For partners, shareholders of subchapter S | ||||||
7 | corporations, and
owners of limited liability companies, if | ||||||
8 | the liability company is treated as a
partnership for purposes | ||||||
9 | of federal and State income taxation, there shall be
allowed a | ||||||
10 | credit under this subsection to be determined in accordance | ||||||
11 | with the
determination of income and distributive share of | ||||||
12 | income under Sections 702 and
704 and subchapter S of the | ||||||
13 | Internal Revenue Code. | ||||||
14 | For purposes of this subsection, "qualifying expenditures" | ||||||
15 | means the
qualifying expenditures as defined for the federal | ||||||
16 | credit for increasing
research activities which would be | ||||||
17 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
18 | which are conducted in this State, "qualifying
expenditures | ||||||
19 | for increasing research activities in this State" means the
| ||||||
20 | excess of qualifying expenditures for the taxable year in | ||||||
21 | which incurred
over qualifying expenditures for the base | ||||||
22 | period, "qualifying expenditures
for the base period" means | ||||||
23 | the average of the qualifying expenditures for
each year in | ||||||
24 | the base period, and "base period" means the 3 taxable years
| ||||||
25 | immediately preceding the taxable year for which the | ||||||
26 | determination is
being made. |
| |||||||
| |||||||
1 | Any credit in excess of the tax liability for the taxable | ||||||
2 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
3 | unused credit shown on its final completed return carried over | ||||||
4 | as a credit
against the tax liability for the following 5 | ||||||
5 | taxable years or until it has
been fully used, whichever | ||||||
6 | occurs first; provided that no credit earned in a tax year | ||||||
7 | ending prior to December 31, 2003 may be carried forward to any | ||||||
8 | year ending on or after December 31, 2003. | ||||||
9 | If an unused credit is carried forward to a given year from | ||||||
10 | 2 or more
earlier years, that credit arising in the earliest | ||||||
11 | year will be applied
first against the tax liability for the | ||||||
12 | given year. If a tax liability for
the given year still | ||||||
13 | remains, the credit from the next earliest year will
then be | ||||||
14 | applied, and so on, until all credits have been used or no tax
| ||||||
15 | liability for the given year remains. Any remaining unused | ||||||
16 | credit or
credits then will be carried forward to the next | ||||||
17 | following year in which a
tax liability is incurred, except | ||||||
18 | that no credit can be carried forward to
a year which is more | ||||||
19 | than 5 years after the year in which the expense for
which the | ||||||
20 | credit is given was incurred. | ||||||
21 | No inference shall be drawn from Public Act 91-644 this | ||||||
22 | amendatory Act of the 91st General
Assembly in construing this | ||||||
23 | Section for taxable years beginning before January
1, 1999. | ||||||
24 | It is the intent of the General Assembly that the research | ||||||
25 | and development credit under this subsection (k) shall apply | ||||||
26 | continuously for all tax years ending on or after December 31, |
| |||||||
| |||||||
1 | 2004 and ending prior to January 1, 2027, including, but not | ||||||
2 | limited to, the period beginning on January 1, 2016 and ending | ||||||
3 | on July 6, 2017 ( the effective date of Public Act 100-22) this | ||||||
4 | amendatory Act of the 100th General Assembly . All actions | ||||||
5 | taken in reliance on the continuation of the credit under this | ||||||
6 | subsection (k) by any taxpayer are hereby validated. | ||||||
7 | (l) Environmental Remediation Tax Credit. | ||||||
8 | (i) For tax years ending after December 31, 1997 and | ||||||
9 | on or before
December 31, 2001, a taxpayer shall be | ||||||
10 | allowed a credit against the tax
imposed by subsections | ||||||
11 | (a) and (b) of this Section for certain amounts paid
for | ||||||
12 | unreimbursed eligible remediation costs, as specified in | ||||||
13 | this subsection.
For purposes of this Section, | ||||||
14 | "unreimbursed eligible remediation costs" means
costs | ||||||
15 | approved by the Illinois Environmental Protection Agency | ||||||
16 | ("Agency") under
Section 58.14 of the Environmental | ||||||
17 | Protection Act that were paid in performing
environmental | ||||||
18 | remediation at a site for which a No Further Remediation | ||||||
19 | Letter
was issued by the Agency and recorded under Section | ||||||
20 | 58.10 of the Environmental
Protection Act. The credit must | ||||||
21 | be claimed for the taxable year in which
Agency approval | ||||||
22 | of the eligible remediation costs is granted. The credit | ||||||
23 | is
not available to any taxpayer if the taxpayer or any | ||||||
24 | related party caused or
contributed to, in any material | ||||||
25 | respect, a release of regulated substances on,
in, or | ||||||
26 | under the site that was identified and addressed by the |
| |||||||
| |||||||
1 | remedial
action pursuant to the Site Remediation Program | ||||||
2 | of the Environmental Protection
Act. After the Pollution | ||||||
3 | Control Board rules are adopted pursuant to the
Illinois | ||||||
4 | Administrative Procedure Act for the administration and | ||||||
5 | enforcement of
Section 58.9 of the Environmental | ||||||
6 | Protection Act, determinations as to credit
availability | ||||||
7 | for purposes of this Section shall be made consistent with | ||||||
8 | those
rules. For purposes of this Section, "taxpayer" | ||||||
9 | includes a person whose tax
attributes the taxpayer has | ||||||
10 | succeeded to under Section 381 of the Internal
Revenue | ||||||
11 | Code and "related party" includes the persons disallowed a | ||||||
12 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
13 | Section 267 of the Internal
Revenue Code by virtue of | ||||||
14 | being a related taxpayer, as well as any of its
partners. | ||||||
15 | The credit allowed against the tax imposed by subsections | ||||||
16 | (a) and
(b) shall be equal to 25% of the unreimbursed | ||||||
17 | eligible remediation costs in
excess of $100,000 per site, | ||||||
18 | except that the $100,000 threshold shall not apply
to any | ||||||
19 | site contained in an enterprise zone as determined by the | ||||||
20 | Department of
Commerce and Community Affairs (now | ||||||
21 | Department of Commerce and Economic Opportunity). The | ||||||
22 | total credit allowed shall not exceed
$40,000 per year | ||||||
23 | with a maximum total of $150,000 per site. For partners | ||||||
24 | and
shareholders of subchapter S corporations, there shall | ||||||
25 | be allowed a credit
under this subsection to be determined | ||||||
26 | in accordance with the determination of
income and |
| |||||||
| |||||||
1 | distributive share of income under Sections 702 and 704 | ||||||
2 | and
subchapter S of the Internal Revenue Code. | ||||||
3 | (ii) A credit allowed under this subsection that is | ||||||
4 | unused in the year
the credit is earned may be carried | ||||||
5 | forward to each of the 5 taxable years
following the year | ||||||
6 | for which the credit is first earned until it is used.
The | ||||||
7 | term "unused credit" does not include any amounts of | ||||||
8 | unreimbursed eligible
remediation costs in excess of the | ||||||
9 | maximum credit per site authorized under
paragraph (i). | ||||||
10 | This credit shall be applied first to the earliest year
| ||||||
11 | for which there is a liability. If there is a credit under | ||||||
12 | this subsection
from more than one tax year that is | ||||||
13 | available to offset a liability, the
earliest credit | ||||||
14 | arising under this subsection shall be applied first. A
| ||||||
15 | credit allowed under this subsection may be sold to a | ||||||
16 | buyer as part of a sale
of all or part of the remediation | ||||||
17 | site for which the credit was granted. The
purchaser of a | ||||||
18 | remediation site and the tax credit shall succeed to the | ||||||
19 | unused
credit and remaining carry-forward period of the | ||||||
20 | seller. To perfect the
transfer, the assignor shall record | ||||||
21 | the transfer in the chain of title for the
site and provide | ||||||
22 | written notice to the Director of the Illinois Department | ||||||
23 | of
Revenue of the assignor's intent to sell the | ||||||
24 | remediation site and the amount of
the tax credit to be | ||||||
25 | transferred as a portion of the sale. In no event may a
| ||||||
26 | credit be transferred to any taxpayer if the taxpayer or a |
| |||||||
| |||||||
1 | related party would
not be eligible under the provisions | ||||||
2 | of subsection (i). | ||||||
3 | (iii) For purposes of this Section, the term "site" | ||||||
4 | shall have the same
meaning as under Section 58.2 of the | ||||||
5 | Environmental Protection Act. | ||||||
6 | (m) Education expense credit. Beginning with tax years | ||||||
7 | ending after
December 31, 1999, a taxpayer who
is the | ||||||
8 | custodian of one or more qualifying pupils shall be allowed a | ||||||
9 | credit
against the tax imposed by subsections (a) and (b) of | ||||||
10 | this Section for
qualified education expenses incurred on | ||||||
11 | behalf of the qualifying pupils.
The credit shall be equal to | ||||||
12 | 25% of qualified education expenses, but in no
event may the | ||||||
13 | total credit under this subsection claimed by a
family that is | ||||||
14 | the
custodian of qualifying pupils exceed (i) $500 for tax | ||||||
15 | years ending prior to December 31, 2017, and (ii) $750 for tax | ||||||
16 | years ending on or after December 31, 2017. In no event shall a | ||||||
17 | credit under
this subsection reduce the taxpayer's liability | ||||||
18 | under this Act to less than
zero. Notwithstanding any other | ||||||
19 | provision of law, for taxable years beginning on or after | ||||||
20 | January 1, 2017, no taxpayer may claim a credit under this | ||||||
21 | subsection (m) if the taxpayer's adjusted gross income for the | ||||||
22 | taxable year exceeds (i) $500,000, in the case of spouses | ||||||
23 | filing a joint federal tax return or (ii) $250,000, in the case | ||||||
24 | of all other taxpayers. This subsection is exempt from the | ||||||
25 | provisions of Section 250 of this
Act. | ||||||
26 | For purposes of this subsection: |
| |||||||
| |||||||
1 | "Qualifying pupils" means individuals who (i) are | ||||||
2 | residents of the State of
Illinois, (ii) are under the age of | ||||||
3 | 21 at the close of the school year for
which a credit is | ||||||
4 | sought, and (iii) during the school year for which a credit
is | ||||||
5 | sought were full-time pupils enrolled in a kindergarten | ||||||
6 | through twelfth
grade education program at any school, as | ||||||
7 | defined in this subsection. | ||||||
8 | "Qualified education expense" means the amount incurred
on | ||||||
9 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
10 | book fees, and
lab fees at the school in which the pupil is | ||||||
11 | enrolled during the regular school
year. | ||||||
12 | "School" means any public or nonpublic elementary or | ||||||
13 | secondary school in
Illinois that is in compliance with Title | ||||||
14 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
15 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
16 | except that nothing shall be construed to require a child to
| ||||||
17 | attend any particular public or nonpublic school to qualify | ||||||
18 | for the credit
under this Section. | ||||||
19 | "Custodian" means, with respect to qualifying pupils, an | ||||||
20 | Illinois resident
who is a parent, the parents, a legal | ||||||
21 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
22 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
23 | credit.
| ||||||
24 | (i) For tax years ending on or after December 31, | ||||||
25 | 2006, a taxpayer shall be allowed a credit against the tax | ||||||
26 | imposed by subsections (a) and (b) of this Section for |
| |||||||
| |||||||
1 | certain amounts paid for unreimbursed eligible remediation | ||||||
2 | costs, as specified in this subsection. For purposes of | ||||||
3 | this Section, "unreimbursed eligible remediation costs" | ||||||
4 | means costs approved by the Illinois Environmental | ||||||
5 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
6 | Environmental Protection Act that were paid in performing | ||||||
7 | environmental remediation at a site within a River Edge | ||||||
8 | Redevelopment Zone for which a No Further Remediation | ||||||
9 | Letter was issued by the Agency and recorded under Section | ||||||
10 | 58.10 of the Environmental Protection Act. The credit must | ||||||
11 | be claimed for the taxable year in which Agency approval | ||||||
12 | of the eligible remediation costs is granted. The credit | ||||||
13 | is not available to any taxpayer if the taxpayer or any | ||||||
14 | related party caused or contributed to, in any material | ||||||
15 | respect, a release of regulated substances on, in, or | ||||||
16 | under the site that was identified and addressed by the | ||||||
17 | remedial action pursuant to the Site Remediation Program | ||||||
18 | of the Environmental Protection Act. Determinations as to | ||||||
19 | credit availability for purposes of this Section shall be | ||||||
20 | made consistent with rules adopted by the Pollution | ||||||
21 | Control Board pursuant to the Illinois Administrative | ||||||
22 | Procedure Act for the administration and enforcement of | ||||||
23 | Section 58.9 of the Environmental Protection Act. For | ||||||
24 | purposes of this Section, "taxpayer" includes a person | ||||||
25 | whose tax attributes the taxpayer has succeeded to under | ||||||
26 | Section 381 of the Internal Revenue Code and "related |
| |||||||
| |||||||
1 | party" includes the persons disallowed a deduction for | ||||||
2 | losses by paragraphs (b), (c), and (f)(1) of Section 267 | ||||||
3 | of the Internal Revenue Code by virtue of being a related | ||||||
4 | taxpayer, as well as any of its partners. The credit | ||||||
5 | allowed against the tax imposed by subsections (a) and (b) | ||||||
6 | shall be equal to 25% of the unreimbursed eligible | ||||||
7 | remediation costs in excess of $100,000 per site. | ||||||
8 | (ii) A credit allowed under this subsection that is | ||||||
9 | unused in the year the credit is earned may be carried | ||||||
10 | forward to each of the 5 taxable years following the year | ||||||
11 | for which the credit is first earned until it is used. This | ||||||
12 | credit shall be applied first to the earliest year for | ||||||
13 | which there is a liability. If there is a credit under this | ||||||
14 | subsection from more than one tax year that is available | ||||||
15 | to offset a liability, the earliest credit arising under | ||||||
16 | this subsection shall be applied first. A credit allowed | ||||||
17 | under this subsection may be sold to a buyer as part of a | ||||||
18 | sale of all or part of the remediation site for which the | ||||||
19 | credit was granted. The purchaser of a remediation site | ||||||
20 | and the tax credit shall succeed to the unused credit and | ||||||
21 | remaining carry-forward period of the seller. To perfect | ||||||
22 | the transfer, the assignor shall record the transfer in | ||||||
23 | the chain of title for the site and provide written notice | ||||||
24 | to the Director of the Illinois Department of Revenue of | ||||||
25 | the assignor's intent to sell the remediation site and the | ||||||
26 | amount of the tax credit to be transferred as a portion of |
| |||||||
| |||||||
1 | the sale. In no event may a credit be transferred to any | ||||||
2 | taxpayer if the taxpayer or a related party would not be | ||||||
3 | eligible under the provisions of subsection (i). | ||||||
4 | (iii) For purposes of this Section, the term "site" | ||||||
5 | shall have the same meaning as under Section 58.2 of the | ||||||
6 | Environmental Protection Act. | ||||||
7 | (o) For each of taxable years during the Compassionate Use | ||||||
8 | of Medical Cannabis Program, a surcharge is imposed on all | ||||||
9 | taxpayers on income arising from the sale or exchange of | ||||||
10 | capital assets, depreciable business property, real property | ||||||
11 | used in the trade or business, and Section 197 intangibles of | ||||||
12 | an organization registrant under the Compassionate Use of | ||||||
13 | Medical Cannabis Program Act. The amount of the surcharge is | ||||||
14 | equal to the amount of federal income tax liability for the | ||||||
15 | taxable year attributable to those sales and exchanges. The | ||||||
16 | surcharge imposed does not apply if: | ||||||
17 | (1) the medical cannabis cultivation center | ||||||
18 | registration, medical cannabis dispensary registration, or | ||||||
19 | the property of a registration is transferred as a result | ||||||
20 | of any of the following: | ||||||
21 | (A) bankruptcy, a receivership, or a debt | ||||||
22 | adjustment initiated by or against the initial | ||||||
23 | registration or the substantial owners of the initial | ||||||
24 | registration; | ||||||
25 | (B) cancellation, revocation, or termination of | ||||||
26 | any registration by the Illinois Department of Public |
| |||||||
| |||||||
1 | Health; | ||||||
2 | (C) a determination by the Illinois Department of | ||||||
3 | Public Health that transfer of the registration is in | ||||||
4 | the best interests of Illinois qualifying patients as | ||||||
5 | defined by the Compassionate Use of Medical Cannabis | ||||||
6 | Program Act; | ||||||
7 | (D) the death of an owner of the equity interest in | ||||||
8 | a registrant; | ||||||
9 | (E) the acquisition of a controlling interest in | ||||||
10 | the stock or substantially all of the assets of a | ||||||
11 | publicly traded company; | ||||||
12 | (F) a transfer by a parent company to a wholly | ||||||
13 | owned subsidiary; or | ||||||
14 | (G) the transfer or sale to or by one person to | ||||||
15 | another person where both persons were initial owners | ||||||
16 | of the registration when the registration was issued; | ||||||
17 | or | ||||||
18 | (2) the cannabis cultivation center registration, | ||||||
19 | medical cannabis dispensary registration, or the | ||||||
20 | controlling interest in a registrant's property is | ||||||
21 | transferred in a transaction to lineal descendants in | ||||||
22 | which no gain or loss is recognized or as a result of a | ||||||
23 | transaction in accordance with Section 351 of the Internal | ||||||
24 | Revenue Code in which no gain or loss is recognized. | ||||||
25 | (Source: P.A. 100-22, eff. 7-6-17; 101-9, eff. 6-5-19; 101-31, | ||||||
26 | eff. 6-28-19; 101-207, eff. 8-2-19; 101-363, eff. 8-9-19; |
| |||||||
| |||||||
1 | revised 11-18-20.)
| ||||||
2 | (Text of Section with the changes made by P.A. 101-8, | ||||||
3 | which did not take effect (see Section 99 of P.A. 101-8))
| ||||||
4 | Sec. 201. Tax imposed. | ||||||
5 | (a) In general. A tax measured by net income is hereby | ||||||
6 | imposed on every
individual, corporation, trust and estate for | ||||||
7 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
8 | of earning or receiving income in or
as a resident of this | ||||||
9 | State. Such tax shall be in addition to all other
occupation or | ||||||
10 | privilege taxes imposed by this State or by any municipal
| ||||||
11 | corporation or political subdivision thereof. | ||||||
12 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
13 | Section shall be
determined as follows, except as adjusted by | ||||||
14 | subsection (d-1): | ||||||
15 | (1) In the case of an individual, trust or estate, for | ||||||
16 | taxable years
ending prior to July 1, 1989, an amount | ||||||
17 | equal to 2 1/2% of the taxpayer's
net income for the | ||||||
18 | taxable year. | ||||||
19 | (2) In the case of an individual, trust or estate, for | ||||||
20 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
21 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
22 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
23 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
24 | 3% of the
taxpayer's net income for the period after June | ||||||
25 | 30, 1989, as calculated
under Section 202.3. |
| |||||||
| |||||||
1 | (3) In the case of an individual, trust or estate, for | ||||||
2 | taxable years
beginning after June 30, 1989, and ending | ||||||
3 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
4 | taxpayer's net
income for the taxable year. | ||||||
5 | (4) In the case of an individual, trust, or estate, | ||||||
6 | for taxable years beginning prior to January 1, 2011, and | ||||||
7 | ending after December 31, 2010, an amount equal to the sum | ||||||
8 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
9 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
10 | (ii) 5% of the taxpayer's net income for the period after | ||||||
11 | December 31, 2010, as calculated under Section 202.5. | ||||||
12 | (5) In the case of an individual, trust, or estate, | ||||||
13 | for taxable years beginning on or after January 1, 2011, | ||||||
14 | and ending prior to January 1, 2015, an amount equal to 5% | ||||||
15 | of the taxpayer's net income for the taxable year. | ||||||
16 | (5.1) In the case of an individual, trust, or estate, | ||||||
17 | for taxable years beginning prior to January 1, 2015, and | ||||||
18 | ending after December 31, 2014, an amount equal to the sum | ||||||
19 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
20 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
21 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
22 | after December 31, 2014, as calculated under Section | ||||||
23 | 202.5. | ||||||
24 | (5.2) In the case of an individual, trust, or estate, | ||||||
25 | for taxable years beginning on or after January 1, 2015, | ||||||
26 | and ending prior to July 1, 2017, an amount equal to 3.75% |
| |||||||
| |||||||
1 | of the taxpayer's net income for the taxable year. | ||||||
2 | (5.3) In the case of an individual, trust, or estate, | ||||||
3 | for taxable years beginning prior to July 1, 2017, and | ||||||
4 | ending after June 30, 2017, an amount equal to the sum of | ||||||
5 | (i) 3.75% of the taxpayer's net income for the period | ||||||
6 | prior to July 1, 2017, as calculated under Section 202.5, | ||||||
7 | and (ii) 4.95% of the taxpayer's net income for the period | ||||||
8 | after June 30, 2017, as calculated under Section 202.5. | ||||||
9 | (5.4) In the case of an individual, trust, or estate, | ||||||
10 | for taxable years beginning on or after July 1, 2017 and | ||||||
11 | beginning prior to January 1, 2021 , an amount equal to | ||||||
12 | 4.95% of the taxpayer's net income for the taxable year. | ||||||
13 | (5.5) In the case of an individual, trust, or estate, | ||||||
14 | for taxable years beginning on or after January 1, 2021, | ||||||
15 | an amount calculated under the rate structure set forth in | ||||||
16 | Section 201.1. | ||||||
17 | (6) In the case of a corporation, for taxable years
| ||||||
18 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
19 | taxpayer's net income for the taxable year. | ||||||
20 | (7) In the case of a corporation, for taxable years | ||||||
21 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
22 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
23 | taxpayer's net income for the period prior to July 1, | ||||||
24 | 1989,
as calculated under Section 202.3, and (ii) 4.8% of | ||||||
25 | the taxpayer's net
income for the period after June 30, | ||||||
26 | 1989, as calculated under Section
202.3. |
| |||||||
| |||||||
1 | (8) In the case of a corporation, for taxable years | ||||||
2 | beginning after
June 30, 1989, and ending prior to January | ||||||
3 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
4 | income for the
taxable year. | ||||||
5 | (9) In the case of a corporation, for taxable years | ||||||
6 | beginning prior to January 1, 2011, and ending after | ||||||
7 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
8 | of the taxpayer's net income for the period prior to | ||||||
9 | January 1, 2011, as calculated under Section 202.5, and | ||||||
10 | (ii) 7% of the taxpayer's net income for the period after | ||||||
11 | December 31, 2010, as calculated under Section 202.5. | ||||||
12 | (10) In the case of a corporation, for taxable years | ||||||
13 | beginning on or after January 1, 2011, and ending prior to | ||||||
14 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
15 | net income for the taxable year. | ||||||
16 | (11) In the case of a corporation, for taxable years | ||||||
17 | beginning prior to January 1, 2015, and ending after | ||||||
18 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
19 | the taxpayer's net income for the period prior to January | ||||||
20 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
21 | of the taxpayer's net income for the period after December | ||||||
22 | 31, 2014, as calculated under Section 202.5. | ||||||
23 | (12) In the case of a corporation, for taxable years | ||||||
24 | beginning on or after January 1, 2015, and ending prior to | ||||||
25 | July 1, 2017, an amount equal to 5.25% of the taxpayer's | ||||||
26 | net income for the taxable year. |
| |||||||
| |||||||
1 | (13) In the case of a corporation, for taxable years | ||||||
2 | beginning prior to July 1, 2017, and ending after June 30, | ||||||
3 | 2017, an amount equal to the sum of (i) 5.25% of the | ||||||
4 | taxpayer's net income for the period prior to July 1, | ||||||
5 | 2017, as calculated under Section 202.5, and (ii) 7% of | ||||||
6 | the taxpayer's net income for the period after June 30, | ||||||
7 | 2017, as calculated under Section 202.5. | ||||||
8 | (14) In the case of a corporation, for taxable years | ||||||
9 | beginning on or after July 1, 2017 and beginning prior to | ||||||
10 | January 1, 2021 , an amount equal to 7% of the taxpayer's | ||||||
11 | net income for the taxable year. | ||||||
12 | (15) In the case of a corporation, for taxable years | ||||||
13 | beginning on or after January 1, 2021, an amount equal to | ||||||
14 | 7.99% of the taxpayer's net income for the taxable year. | ||||||
15 | The rates under this subsection (b) are subject to the | ||||||
16 | provisions of Section 201.5. | ||||||
17 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
18 | and intangibles of organization gaming licensees. For each of | ||||||
19 | taxable years 2019 through 2027, a surcharge is imposed on all | ||||||
20 | taxpayers on income arising from the sale or exchange of | ||||||
21 | capital assets, depreciable business property, real property | ||||||
22 | used in the trade or business, and Section 197 intangibles (i) | ||||||
23 | of an organization licensee under the Illinois Horse Racing | ||||||
24 | Act of 1975 and (ii) of an organization gaming licensee under | ||||||
25 | the Illinois Gambling Act. The amount of the surcharge is | ||||||
26 | equal to the amount of federal income tax liability for the |
| |||||||
| |||||||
1 | taxable year attributable to those sales and exchanges. The | ||||||
2 | surcharge imposed shall not apply if: | ||||||
3 | (1) the organization gaming license, organization | ||||||
4 | license, or racetrack property is transferred as a result | ||||||
5 | of any of the following: | ||||||
6 | (A) bankruptcy, a receivership, or a debt | ||||||
7 | adjustment initiated by or against the initial | ||||||
8 | licensee or the substantial owners of the initial | ||||||
9 | licensee; | ||||||
10 | (B) cancellation, revocation, or termination of | ||||||
11 | any such license by the Illinois Gaming Board or the | ||||||
12 | Illinois Racing Board; | ||||||
13 | (C) a determination by the Illinois Gaming Board | ||||||
14 | that transfer of the license is in the best interests | ||||||
15 | of Illinois gaming; | ||||||
16 | (D) the death of an owner of the equity interest in | ||||||
17 | a licensee; | ||||||
18 | (E) the acquisition of a controlling interest in | ||||||
19 | the stock or substantially all of the assets of a | ||||||
20 | publicly traded company; | ||||||
21 | (F) a transfer by a parent company to a wholly | ||||||
22 | owned subsidiary; or | ||||||
23 | (G) the transfer or sale to or by one person to | ||||||
24 | another person where both persons were initial owners | ||||||
25 | of the license when the license was issued; or | ||||||
26 | (2) the controlling interest in the organization |
| |||||||
| |||||||
1 | gaming license, organization license, or racetrack | ||||||
2 | property is transferred in a transaction to lineal | ||||||
3 | descendants in which no gain or loss is recognized or as a | ||||||
4 | result of a transaction in accordance with Section 351 of | ||||||
5 | the Internal Revenue Code in which no gain or loss is | ||||||
6 | recognized; or | ||||||
7 | (3) live horse racing was not conducted in 2010 at a | ||||||
8 | racetrack located within 3 miles of the Mississippi River | ||||||
9 | under a license issued pursuant to the Illinois Horse | ||||||
10 | Racing Act of 1975. | ||||||
11 | The transfer of an organization gaming license, | ||||||
12 | organization license, or racetrack property by a person other | ||||||
13 | than the initial licensee to receive the organization gaming | ||||||
14 | license is not subject to a surcharge. The Department shall | ||||||
15 | adopt rules necessary to implement and administer this | ||||||
16 | subsection. | ||||||
17 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
18 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
19 | income
tax, there is also hereby imposed the Personal Property | ||||||
20 | Tax Replacement
Income Tax measured by net income on every | ||||||
21 | corporation (including Subchapter
S corporations), partnership | ||||||
22 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
23 | Such taxes are imposed on the privilege of earning or
| ||||||
24 | receiving income in or as a resident of this State. The | ||||||
25 | Personal Property
Tax Replacement Income Tax shall be in | ||||||
26 | addition to the income tax imposed
by subsections (a) and (b) |
| |||||||
| |||||||
1 | of this Section and in addition to all other
occupation or | ||||||
2 | privilege taxes imposed by this State or by any municipal
| ||||||
3 | corporation or political subdivision thereof. | ||||||
4 | (d) Additional Personal Property Tax Replacement Income | ||||||
5 | Tax Rates.
The personal property tax replacement income tax | ||||||
6 | imposed by this subsection
and subsection (c) of this Section | ||||||
7 | in the case of a corporation, other
than a Subchapter S | ||||||
8 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
9 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
10 | income for the taxable year, except that
beginning on January | ||||||
11 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
12 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
13 | partnership, trust or a Subchapter S corporation shall be an | ||||||
14 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
15 | for the taxable year. | ||||||
16 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
17 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
18 | Illinois Insurance Code,
whose state or country of domicile | ||||||
19 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
20 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
21 | are 50% or more of its total insurance
premiums as determined | ||||||
22 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
23 | that for purposes of this determination premiums from | ||||||
24 | reinsurance do
not include premiums from inter-affiliate | ||||||
25 | reinsurance arrangements),
beginning with taxable years ending | ||||||
26 | on or after December 31, 1999,
the sum of
the rates of tax |
| |||||||
| |||||||
1 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
2 | increased) to the rate at which the total amount of tax imposed | ||||||
3 | under this Act,
net of all credits allowed under this Act, | ||||||
4 | shall equal (i) the total amount of
tax that would be imposed | ||||||
5 | on the foreign insurer's net income allocable to
Illinois for | ||||||
6 | the taxable year by such foreign insurer's state or country of
| ||||||
7 | domicile if that net income were subject to all income taxes | ||||||
8 | and taxes
measured by net income imposed by such foreign | ||||||
9 | insurer's state or country of
domicile, net of all credits | ||||||
10 | allowed or (ii) a rate of zero if no such tax is
imposed on | ||||||
11 | such income by the foreign insurer's state of domicile.
For | ||||||
12 | the purposes of this subsection (d-1), an inter-affiliate | ||||||
13 | includes a
mutual insurer under common management. | ||||||
14 | (1) For the purposes of subsection (d-1), in no event | ||||||
15 | shall the sum of the
rates of tax imposed by subsections | ||||||
16 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
17 | (A) the total amount of tax imposed on such | ||||||
18 | foreign insurer under
this Act for a taxable year, net | ||||||
19 | of all credits allowed under this Act, plus | ||||||
20 | (B) the privilege tax imposed by Section 409 of | ||||||
21 | the Illinois Insurance
Code, the fire insurance | ||||||
22 | company tax imposed by Section 12 of the Fire
| ||||||
23 | Investigation Act, and the fire department taxes | ||||||
24 | imposed under Section 11-10-1
of the Illinois | ||||||
25 | Municipal Code, | ||||||
26 | equals 1.25% for taxable years ending prior to December |
| |||||||
| |||||||
1 | 31, 2003, or
1.75% for taxable years ending on or after | ||||||
2 | December 31, 2003, of the net
taxable premiums written for | ||||||
3 | the taxable year,
as described by subsection (1) of | ||||||
4 | Section 409 of the Illinois Insurance Code.
This paragraph | ||||||
5 | will in no event increase the rates imposed under | ||||||
6 | subsections
(b) and (d). | ||||||
7 | (2) Any reduction in the rates of tax imposed by this | ||||||
8 | subsection shall be
applied first against the rates | ||||||
9 | imposed by subsection (b) and only after the
tax imposed | ||||||
10 | by subsection (a) net of all credits allowed under this | ||||||
11 | Section
other than the credit allowed under subsection (i) | ||||||
12 | has been reduced to zero,
against the rates imposed by | ||||||
13 | subsection (d). | ||||||
14 | This subsection (d-1) is exempt from the provisions of | ||||||
15 | Section 250. | ||||||
16 | (e) Investment credit. A taxpayer shall be allowed a | ||||||
17 | credit
against the Personal Property Tax Replacement Income | ||||||
18 | Tax for
investment in qualified property. | ||||||
19 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
20 | of
the basis of qualified property placed in service | ||||||
21 | during the taxable year,
provided such property is placed | ||||||
22 | in service on or after
July 1, 1984. There shall be allowed | ||||||
23 | an additional credit equal
to .5% of the basis of | ||||||
24 | qualified property placed in service during the
taxable | ||||||
25 | year, provided such property is placed in service on or
| ||||||
26 | after July 1, 1986, and the taxpayer's base employment
|
| |||||||
| |||||||
1 | within Illinois has increased by 1% or more over the | ||||||
2 | preceding year as
determined by the taxpayer's employment | ||||||
3 | records filed with the
Illinois Department of Employment | ||||||
4 | Security. Taxpayers who are new to
Illinois shall be | ||||||
5 | deemed to have met the 1% growth in base employment for
the | ||||||
6 | first year in which they file employment records with the | ||||||
7 | Illinois
Department of Employment Security. The provisions | ||||||
8 | added to this Section by
Public Act 85-1200 (and restored | ||||||
9 | by Public Act 87-895) shall be
construed as declaratory of | ||||||
10 | existing law and not as a new enactment. If,
in any year, | ||||||
11 | the increase in base employment within Illinois over the
| ||||||
12 | preceding year is less than 1%, the additional credit | ||||||
13 | shall be limited to that
percentage times a fraction, the | ||||||
14 | numerator of which is .5% and the denominator
of which is | ||||||
15 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
16 | not be
allowed to the extent that it would reduce a | ||||||
17 | taxpayer's liability in any tax
year below zero, nor may | ||||||
18 | any credit for qualified property be allowed for any
year | ||||||
19 | other than the year in which the property was placed in | ||||||
20 | service in
Illinois. For tax years ending on or after | ||||||
21 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
22 | credit shall be allowed for the tax year in
which the | ||||||
23 | property is placed in service, or, if the amount of the | ||||||
24 | credit
exceeds the tax liability for that year, whether it | ||||||
25 | exceeds the original
liability or the liability as later | ||||||
26 | amended, such excess may be carried
forward and applied to |
| |||||||
| |||||||
1 | the tax liability of the 5 taxable years following
the | ||||||
2 | excess credit years if the taxpayer (i) makes investments | ||||||
3 | which cause
the creation of a minimum of 2,000 full-time | ||||||
4 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
5 | enterprise zone established pursuant to the Illinois
| ||||||
6 | Enterprise Zone Act and (iii) is certified by the | ||||||
7 | Department of Commerce
and Community Affairs (now | ||||||
8 | Department of Commerce and Economic Opportunity) as | ||||||
9 | complying with the requirements specified in
clause (i) | ||||||
10 | and (ii) by July 1, 1986. The Department of Commerce and
| ||||||
11 | Community Affairs (now Department of Commerce and Economic | ||||||
12 | Opportunity) shall notify the Department of Revenue of all | ||||||
13 | such
certifications immediately. For tax years ending | ||||||
14 | after December 31, 1988,
the credit shall be allowed for | ||||||
15 | the tax year in which the property is
placed in service, | ||||||
16 | or, if the amount of the credit exceeds the tax
liability | ||||||
17 | for that year, whether it exceeds the original liability | ||||||
18 | or the
liability as later amended, such excess may be | ||||||
19 | carried forward and applied
to the tax liability of the 5 | ||||||
20 | taxable years following the excess credit
years. The | ||||||
21 | credit shall be applied to the earliest year for which | ||||||
22 | there is
a liability. If there is credit from more than one | ||||||
23 | tax year that is
available to offset a liability, earlier | ||||||
24 | credit shall be applied first. | ||||||
25 | (2) The term "qualified property" means property | ||||||
26 | which: |
| |||||||
| |||||||
1 | (A) is tangible, whether new or used, including | ||||||
2 | buildings and structural
components of buildings and | ||||||
3 | signs that are real property, but not including
land | ||||||
4 | or improvements to real property that are not a | ||||||
5 | structural component of a
building such as | ||||||
6 | landscaping, sewer lines, local access roads, fencing, | ||||||
7 | parking
lots, and other appurtenances; | ||||||
8 | (B) is depreciable pursuant to Section 167 of the | ||||||
9 | Internal Revenue Code,
except that "3-year property" | ||||||
10 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
11 | eligible for the credit provided by this subsection | ||||||
12 | (e); | ||||||
13 | (C) is acquired by purchase as defined in Section | ||||||
14 | 179(d) of
the Internal Revenue Code; | ||||||
15 | (D) is used in Illinois by a taxpayer who is | ||||||
16 | primarily engaged in
manufacturing, or in mining coal | ||||||
17 | or fluorite, or in retailing, or was placed in service | ||||||
18 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
19 | Zone established pursuant to the River Edge | ||||||
20 | Redevelopment Zone Act; and | ||||||
21 | (E) has not previously been used in Illinois in | ||||||
22 | such a manner and by
such a person as would qualify for | ||||||
23 | the credit provided by this subsection
(e) or | ||||||
24 | subsection (f). | ||||||
25 | (3) For purposes of this subsection (e), | ||||||
26 | "manufacturing" means
the material staging and production |
| |||||||
| |||||||
1 | of tangible personal property by
procedures commonly | ||||||
2 | regarded as manufacturing, processing, fabrication, or
| ||||||
3 | assembling which changes some existing material into new | ||||||
4 | shapes, new
qualities, or new combinations. For purposes | ||||||
5 | of this subsection
(e) the term "mining" shall have the | ||||||
6 | same meaning as the term "mining" in
Section 613(c) of the | ||||||
7 | Internal Revenue Code. For purposes of this subsection
| ||||||
8 | (e), the term "retailing" means the sale of tangible | ||||||
9 | personal property for use or consumption and not for | ||||||
10 | resale, or
services rendered in conjunction with the sale | ||||||
11 | of tangible personal property for use or consumption and | ||||||
12 | not for resale. For purposes of this subsection (e), | ||||||
13 | "tangible personal property" has the same meaning as when | ||||||
14 | that term is used in the Retailers' Occupation Tax Act, | ||||||
15 | and, for taxable years ending after December 31, 2008, | ||||||
16 | does not include the generation, transmission, or | ||||||
17 | distribution of electricity. | ||||||
18 | (4) The basis of qualified property shall be the basis
| ||||||
19 | used to compute the depreciation deduction for federal | ||||||
20 | income tax purposes. | ||||||
21 | (5) If the basis of the property for federal income | ||||||
22 | tax depreciation
purposes is increased after it has been | ||||||
23 | placed in service in Illinois by
the taxpayer, the amount | ||||||
24 | of such increase shall be deemed property placed
in | ||||||
25 | service on the date of such increase in basis. | ||||||
26 | (6) The term "placed in service" shall have the same
|
| |||||||
| |||||||
1 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
2 | (7) If during any taxable year, any property ceases to
| ||||||
3 | be qualified property in the hands of the taxpayer within | ||||||
4 | 48 months after
being placed in service, or the situs of | ||||||
5 | any qualified property is
moved outside Illinois within 48 | ||||||
6 | months after being placed in service, the
Personal | ||||||
7 | Property Tax Replacement Income Tax for such taxable year | ||||||
8 | shall be
increased. Such increase shall be determined by | ||||||
9 | (i) recomputing the
investment credit which would have | ||||||
10 | been allowed for the year in which
credit for such | ||||||
11 | property was originally allowed by eliminating such
| ||||||
12 | property from such computation and, (ii) subtracting such | ||||||
13 | recomputed credit
from the amount of credit previously | ||||||
14 | allowed. For the purposes of this
paragraph (7), a | ||||||
15 | reduction of the basis of qualified property resulting
| ||||||
16 | from a redetermination of the purchase price shall be | ||||||
17 | deemed a disposition
of qualified property to the extent | ||||||
18 | of such reduction. | ||||||
19 | (8) Unless the investment credit is extended by law, | ||||||
20 | the
basis of qualified property shall not include costs | ||||||
21 | incurred after
December 31, 2018, except for costs | ||||||
22 | incurred pursuant to a binding
contract entered into on or | ||||||
23 | before December 31, 2018. | ||||||
24 | (9) Each taxable year ending before December 31, 2000, | ||||||
25 | a partnership may
elect to pass through to its
partners | ||||||
26 | the credits to which the partnership is entitled under |
| |||||||
| |||||||
1 | this subsection
(e) for the taxable year. A partner may | ||||||
2 | use the credit allocated to him or her
under this | ||||||
3 | paragraph only against the tax imposed in subsections (c) | ||||||
4 | and (d) of
this Section. If the partnership makes that | ||||||
5 | election, those credits shall be
allocated among the | ||||||
6 | partners in the partnership in accordance with the rules
| ||||||
7 | set forth in Section 704(b) of the Internal Revenue Code, | ||||||
8 | and the rules
promulgated under that Section, and the | ||||||
9 | allocated amount of the credits shall
be allowed to the | ||||||
10 | partners for that taxable year. The partnership shall make
| ||||||
11 | this election on its Personal Property Tax Replacement | ||||||
12 | Income Tax return for
that taxable year. The election to | ||||||
13 | pass through the credits shall be
irrevocable. | ||||||
14 | For taxable years ending on or after December 31, | ||||||
15 | 2000, a
partner that qualifies its
partnership for a | ||||||
16 | subtraction under subparagraph (I) of paragraph (2) of
| ||||||
17 | subsection (d) of Section 203 or a shareholder that | ||||||
18 | qualifies a Subchapter S
corporation for a subtraction | ||||||
19 | under subparagraph (S) of paragraph (2) of
subsection (b) | ||||||
20 | of Section 203 shall be allowed a credit under this | ||||||
21 | subsection
(e) equal to its share of the credit earned | ||||||
22 | under this subsection (e) during
the taxable year by the | ||||||
23 | partnership or Subchapter S corporation, determined in
| ||||||
24 | accordance with the determination of income and | ||||||
25 | distributive share of
income under Sections 702 and 704 | ||||||
26 | and Subchapter S of the Internal Revenue
Code. This |
| |||||||
| |||||||
1 | paragraph is exempt from the provisions of Section 250. | ||||||
2 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
3 | Redevelopment Zone. | ||||||
4 | (1) A taxpayer shall be allowed a credit against the | ||||||
5 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
6 | investment in qualified
property which is placed in | ||||||
7 | service in an Enterprise Zone created
pursuant to the | ||||||
8 | Illinois Enterprise Zone Act or, for property placed in | ||||||
9 | service on or after July 1, 2006, a River Edge | ||||||
10 | Redevelopment Zone established pursuant to the River Edge | ||||||
11 | Redevelopment Zone Act. For partners, shareholders
of | ||||||
12 | Subchapter S corporations, and owners of limited liability | ||||||
13 | companies,
if the liability company is treated as a | ||||||
14 | partnership for purposes of
federal and State income | ||||||
15 | taxation, there shall be allowed a credit under
this | ||||||
16 | subsection (f) to be determined in accordance with the | ||||||
17 | determination
of income and distributive share of income | ||||||
18 | under Sections 702 and 704 and
Subchapter S of the | ||||||
19 | Internal Revenue Code. The credit shall be .5% of the
| ||||||
20 | basis for such property. The credit shall be available | ||||||
21 | only in the taxable
year in which the property is placed in | ||||||
22 | service in the Enterprise Zone or River Edge Redevelopment | ||||||
23 | Zone and
shall not be allowed to the extent that it would | ||||||
24 | reduce a taxpayer's
liability for the tax imposed by | ||||||
25 | subsections (a) and (b) of this Section to
below zero. For | ||||||
26 | tax years ending on or after December 31, 1985, the credit
|
| |||||||
| |||||||
1 | shall be allowed for the tax year in which the property is | ||||||
2 | placed in
service, or, if the amount of the credit exceeds | ||||||
3 | the tax liability for that
year, whether it exceeds the | ||||||
4 | original liability or the liability as later
amended, such | ||||||
5 | excess may be carried forward and applied to the tax
| ||||||
6 | liability of the 5 taxable years following the excess | ||||||
7 | credit year.
The credit shall be applied to the earliest | ||||||
8 | year for which there is a
liability. If there is credit | ||||||
9 | from more than one tax year that is available
to offset a | ||||||
10 | liability, the credit accruing first in time shall be | ||||||
11 | applied
first. | ||||||
12 | (2) The term qualified property means property which: | ||||||
13 | (A) is tangible, whether new or used, including | ||||||
14 | buildings and
structural components of buildings; | ||||||
15 | (B) is depreciable pursuant to Section 167 of the | ||||||
16 | Internal Revenue
Code, except that "3-year property" | ||||||
17 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
18 | eligible for the credit provided by this subsection | ||||||
19 | (f); | ||||||
20 | (C) is acquired by purchase as defined in Section | ||||||
21 | 179(d) of
the Internal Revenue Code; | ||||||
22 | (D) is used in the Enterprise Zone or River Edge | ||||||
23 | Redevelopment Zone by the taxpayer; and | ||||||
24 | (E) has not been previously used in Illinois in | ||||||
25 | such a manner and by
such a person as would qualify for | ||||||
26 | the credit provided by this subsection
(f) or |
| |||||||
| |||||||
1 | subsection (e). | ||||||
2 | (3) The basis of qualified property shall be the basis | ||||||
3 | used to compute
the depreciation deduction for federal | ||||||
4 | income tax purposes. | ||||||
5 | (4) If the basis of the property for federal income | ||||||
6 | tax depreciation
purposes is increased after it has been | ||||||
7 | placed in service in the Enterprise
Zone or River Edge | ||||||
8 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
9 | increase shall be deemed property
placed in service on the | ||||||
10 | date of such increase in basis. | ||||||
11 | (5) The term "placed in service" shall have the same | ||||||
12 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
13 | (6) If during any taxable year, any property ceases to | ||||||
14 | be qualified
property in the hands of the taxpayer within | ||||||
15 | 48 months after being placed
in service, or the situs of | ||||||
16 | any qualified property is moved outside the
Enterprise | ||||||
17 | Zone or River Edge Redevelopment Zone within 48 months | ||||||
18 | after being placed in service, the tax
imposed under | ||||||
19 | subsections (a) and (b) of this Section for such taxable | ||||||
20 | year
shall be increased. Such increase shall be determined | ||||||
21 | by (i) recomputing
the investment credit which would have | ||||||
22 | been allowed for the year in which
credit for such | ||||||
23 | property was originally allowed by eliminating such
| ||||||
24 | property from such computation, and (ii) subtracting such | ||||||
25 | recomputed credit
from the amount of credit previously | ||||||
26 | allowed. For the purposes of this
paragraph (6), a |
| |||||||
| |||||||
1 | reduction of the basis of qualified property resulting
| ||||||
2 | from a redetermination of the purchase price shall be | ||||||
3 | deemed a disposition
of qualified property to the extent | ||||||
4 | of such reduction. | ||||||
5 | (7) There shall be allowed an additional credit equal | ||||||
6 | to 0.5% of the basis of qualified property placed in | ||||||
7 | service during the taxable year in a River Edge | ||||||
8 | Redevelopment Zone, provided such property is placed in | ||||||
9 | service on or after July 1, 2006, and the taxpayer's base | ||||||
10 | employment within Illinois has increased by 1% or more | ||||||
11 | over the preceding year as determined by the taxpayer's | ||||||
12 | employment records filed with the Illinois Department of | ||||||
13 | Employment Security. Taxpayers who are new to Illinois | ||||||
14 | shall be deemed to have met the 1% growth in base | ||||||
15 | employment for the first year in which they file | ||||||
16 | employment records with the Illinois Department of | ||||||
17 | Employment Security. If, in any year, the increase in base | ||||||
18 | employment within Illinois over the preceding year is less | ||||||
19 | than 1%, the additional credit shall be limited to that | ||||||
20 | percentage times a fraction, the numerator of which is | ||||||
21 | 0.5% and the denominator of which is 1%, but shall not | ||||||
22 | exceed 0.5%.
| ||||||
23 | (8) For taxable years beginning on or after January 1, | ||||||
24 | 2021, there shall be allowed an Enterprise Zone | ||||||
25 | construction jobs credit against the taxes imposed under | ||||||
26 | subsections (a) and (b) of this Section as provided in |
| |||||||
| |||||||
1 | Section 13 of the Illinois Enterprise Zone Act. | ||||||
2 | The credit or credits may not reduce the taxpayer's | ||||||
3 | liability to less than zero. If the amount of the credit or | ||||||
4 | credits exceeds the taxpayer's liability, the excess may | ||||||
5 | be carried forward and applied against the taxpayer's | ||||||
6 | liability in succeeding calendar years in the same manner | ||||||
7 | provided under paragraph (4) of Section 211 of this Act. | ||||||
8 | The credit or credits shall be applied to the earliest | ||||||
9 | year for which there is a tax liability. If there are | ||||||
10 | credits from more than one taxable year that are available | ||||||
11 | to offset a liability, the earlier credit shall be applied | ||||||
12 | first. | ||||||
13 | For partners, shareholders of Subchapter S | ||||||
14 | corporations, and owners of limited liability companies, | ||||||
15 | if the liability company is treated as a partnership for | ||||||
16 | the purposes of federal and State income taxation, there | ||||||
17 | shall be allowed a credit under this Section to be | ||||||
18 | determined in accordance with the determination of income | ||||||
19 | and distributive share of income under Sections 702 and | ||||||
20 | 704 and Subchapter S of the Internal Revenue Code. | ||||||
21 | The total aggregate amount of credits awarded under | ||||||
22 | the Blue Collar Jobs Act (Article 20 of Public Act 101-9 | ||||||
23 | this amendatory Act of the 101st General Assembly ) shall | ||||||
24 | not exceed $20,000,000 in any State fiscal year . | ||||||
25 | This paragraph (8) is exempt from the provisions of | ||||||
26 | Section 250. |
| |||||||
| |||||||
1 | (g) (Blank). | ||||||
2 | (h) Investment credit; High Impact Business. | ||||||
3 | (1) Subject to subsections (b) and (b-5) of Section
| ||||||
4 | 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall | ||||||
5 | be allowed a credit
against the tax imposed by subsections | ||||||
6 | (a) and (b) of this Section for
investment in qualified
| ||||||
7 | property which is placed in service by a Department of | ||||||
8 | Commerce and Economic Opportunity
designated High Impact | ||||||
9 | Business. The credit shall be .5% of the basis
for such | ||||||
10 | property. The credit shall not be available (i) until the | ||||||
11 | minimum
investments in qualified property set forth in | ||||||
12 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
13 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
14 | time authorized in subsection (b-5) of the Illinois
| ||||||
15 | Enterprise Zone Act for entities designated as High Impact | ||||||
16 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
17 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
18 | Act, and shall not be allowed to the extent that it would
| ||||||
19 | reduce a taxpayer's liability for the tax imposed by | ||||||
20 | subsections (a) and (b) of
this Section to below zero. The | ||||||
21 | credit applicable to such investments shall be
taken in | ||||||
22 | the taxable year in which such investments have been | ||||||
23 | completed. The
credit for additional investments beyond | ||||||
24 | the minimum investment by a designated
high impact | ||||||
25 | business authorized under subdivision (a)(3)(A) of Section | ||||||
26 | 5.5 of
the Illinois Enterprise Zone Act shall be available |
| |||||||
| |||||||
1 | only in the taxable year in
which the property is placed in | ||||||
2 | service and shall not be allowed to the extent
that it | ||||||
3 | would reduce a taxpayer's liability for the tax imposed by | ||||||
4 | subsections
(a) and (b) of this Section to below zero.
For | ||||||
5 | tax years ending on or after December 31, 1987, the credit | ||||||
6 | shall be
allowed for the tax year in which the property is | ||||||
7 | placed in service, or, if
the amount of the credit exceeds | ||||||
8 | the tax liability for that year, whether
it exceeds the | ||||||
9 | original liability or the liability as later amended, such
| ||||||
10 | excess may be carried forward and applied to the tax | ||||||
11 | liability of the 5
taxable years following the excess | ||||||
12 | credit year. The credit shall be
applied to the earliest | ||||||
13 | year for which there is a liability. If there is
credit | ||||||
14 | from more than one tax year that is available to offset a | ||||||
15 | liability,
the credit accruing first in time shall be | ||||||
16 | applied first. | ||||||
17 | Changes made in this subdivision (h)(1) by Public Act | ||||||
18 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
19 | reflect existing law. | ||||||
20 | (2) The term qualified property means property which: | ||||||
21 | (A) is tangible, whether new or used, including | ||||||
22 | buildings and
structural components of buildings; | ||||||
23 | (B) is depreciable pursuant to Section 167 of the | ||||||
24 | Internal Revenue
Code, except that "3-year property" | ||||||
25 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
26 | eligible for the credit provided by this subsection |
| |||||||
| |||||||
1 | (h); | ||||||
2 | (C) is acquired by purchase as defined in Section | ||||||
3 | 179(d) of the
Internal Revenue Code; and | ||||||
4 | (D) is not eligible for the Enterprise Zone | ||||||
5 | Investment Credit provided
by subsection (f) of this | ||||||
6 | Section. | ||||||
7 | (3) The basis of qualified property shall be the basis | ||||||
8 | used to compute
the depreciation deduction for federal | ||||||
9 | income tax purposes. | ||||||
10 | (4) If the basis of the property for federal income | ||||||
11 | tax depreciation
purposes is increased after it has been | ||||||
12 | placed in service in a federally
designated Foreign Trade | ||||||
13 | Zone or Sub-Zone located in Illinois by the taxpayer,
the | ||||||
14 | amount of such increase shall be deemed property placed in | ||||||
15 | service on
the date of such increase in basis. | ||||||
16 | (5) The term "placed in service" shall have the same | ||||||
17 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
18 | (6) If during any taxable year ending on or before | ||||||
19 | December 31, 1996,
any property ceases to be qualified
| ||||||
20 | property in the hands of the taxpayer within 48 months | ||||||
21 | after being placed
in service, or the situs of any | ||||||
22 | qualified property is moved outside
Illinois within 48 | ||||||
23 | months after being placed in service, the tax imposed
| ||||||
24 | under subsections (a) and (b) of this Section for such | ||||||
25 | taxable year shall
be increased. Such increase shall be | ||||||
26 | determined by (i) recomputing the
investment credit which |
| |||||||
| |||||||
1 | would have been allowed for the year in which
credit for | ||||||
2 | such property was originally allowed by eliminating such
| ||||||
3 | property from such computation, and (ii) subtracting such | ||||||
4 | recomputed credit
from the amount of credit previously | ||||||
5 | allowed. For the purposes of this
paragraph (6), a | ||||||
6 | reduction of the basis of qualified property resulting
| ||||||
7 | from a redetermination of the purchase price shall be | ||||||
8 | deemed a disposition
of qualified property to the extent | ||||||
9 | of such reduction. | ||||||
10 | (7) Beginning with tax years ending after December 31, | ||||||
11 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
12 | subsection (h) and thereby is
granted a tax abatement and | ||||||
13 | the taxpayer relocates its entire facility in
violation of | ||||||
14 | the explicit terms and length of the contract under | ||||||
15 | Section
18-183 of the Property Tax Code, the tax imposed | ||||||
16 | under subsections
(a) and (b) of this Section shall be | ||||||
17 | increased for the taxable year
in which the taxpayer | ||||||
18 | relocated its facility by an amount equal to the
amount of | ||||||
19 | credit received by the taxpayer under this subsection (h). | ||||||
20 | (h-5) High Impact Business construction constructions jobs | ||||||
21 | credit. For taxable years beginning on or after January 1, | ||||||
22 | 2021, there shall also be allowed a High Impact Business | ||||||
23 | construction jobs credit against the tax imposed under | ||||||
24 | subsections (a) and (b) of this Section as provided in | ||||||
25 | subsections (i) and (j) of Section 5.5 of the Illinois | ||||||
26 | Enterprise Zone Act. |
| |||||||
| |||||||
1 | The credit or credits may not reduce the taxpayer's | ||||||
2 | liability to less than zero. If the amount of the credit or | ||||||
3 | credits exceeds the taxpayer's liability, the excess may be | ||||||
4 | carried forward and applied against the taxpayer's liability | ||||||
5 | in succeeding calendar years in the manner provided under | ||||||
6 | paragraph (4) of Section 211 of this Act. The credit or credits | ||||||
7 | shall be applied to the earliest year for which there is a tax | ||||||
8 | liability. If there are credits from more than one taxable | ||||||
9 | year that are available to offset a liability, the earlier | ||||||
10 | credit shall be applied first. | ||||||
11 | For partners, shareholders of Subchapter S corporations, | ||||||
12 | and owners of limited liability companies, if the liability | ||||||
13 | company is treated as a partnership for the purposes of | ||||||
14 | federal and State income taxation, there shall be allowed a | ||||||
15 | credit under this Section to be determined in accordance with | ||||||
16 | the determination of income and distributive share of income | ||||||
17 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
18 | Revenue Code. | ||||||
19 | The total aggregate amount of credits awarded under the | ||||||
20 | Blue Collar Jobs Act (Article 20 of Public Act 101-9 this | ||||||
21 | amendatory Act of the 101st General Assembly ) shall not exceed | ||||||
22 | $20,000,000 in any State fiscal year . | ||||||
23 | This subsection (h-5) is exempt from the provisions of | ||||||
24 | Section 250. | ||||||
25 | (i) Credit for Personal Property Tax Replacement Income | ||||||
26 | Tax.
For tax years ending prior to December 31, 2003, a credit |
| |||||||
| |||||||
1 | shall be allowed
against the tax imposed by
subsections (a) | ||||||
2 | and (b) of this Section for the tax imposed by subsections (c)
| ||||||
3 | and (d) of this Section. This credit shall be computed by | ||||||
4 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
5 | Section by a fraction, the numerator
of which is base income | ||||||
6 | allocable to Illinois and the denominator of which is
Illinois | ||||||
7 | base income, and further multiplying the product by the tax | ||||||
8 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
9 | Any credit earned on or after December 31, 1986 under
this | ||||||
10 | subsection which is unused in the year
the credit is computed | ||||||
11 | because it exceeds the tax liability imposed by
subsections | ||||||
12 | (a) and (b) for that year (whether it exceeds the original
| ||||||
13 | liability or the liability as later amended) may be carried | ||||||
14 | forward and
applied to the tax liability imposed by | ||||||
15 | subsections (a) and (b) of the 5
taxable years following the | ||||||
16 | excess credit year, provided that no credit may
be carried | ||||||
17 | forward to any year ending on or
after December 31, 2003. This | ||||||
18 | credit shall be
applied first to the earliest year for which | ||||||
19 | there is a liability. If
there is a credit under this | ||||||
20 | subsection from more than one tax year that is
available to | ||||||
21 | offset a liability the earliest credit arising under this
| ||||||
22 | subsection shall be applied first. | ||||||
23 | If, during any taxable year ending on or after December | ||||||
24 | 31, 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
25 | Section for which a taxpayer
has claimed a credit under this | ||||||
26 | subsection (i) is reduced, the amount of
credit for such tax |
| |||||||
| |||||||
1 | shall also be reduced. Such reduction shall be
determined by | ||||||
2 | recomputing the credit to take into account the reduced tax
| ||||||
3 | imposed by subsections (c) and (d). If any portion of the
| ||||||
4 | reduced amount of credit has been carried to a different | ||||||
5 | taxable year, an
amended return shall be filed for such | ||||||
6 | taxable year to reduce the amount of
credit claimed. | ||||||
7 | (j) Training expense credit. Beginning with tax years | ||||||
8 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
9 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
10 | imposed by subsections (a) and (b) under this Section
for all | ||||||
11 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
12 | the taxpayer in Illinois or Illinois residents employed
| ||||||
13 | outside of Illinois by a taxpayer, for educational or | ||||||
14 | vocational training in
semi-technical or technical fields or | ||||||
15 | semi-skilled or skilled fields, which
were deducted from gross | ||||||
16 | income in the computation of taxable income. The
credit | ||||||
17 | against the tax imposed by subsections (a) and (b) shall be | ||||||
18 | 1.6% of
such training expenses. For partners, shareholders of | ||||||
19 | subchapter S
corporations, and owners of limited liability | ||||||
20 | companies, if the liability
company is treated as a | ||||||
21 | partnership for purposes of federal and State income
taxation, | ||||||
22 | there shall be allowed a credit under this subsection (j) to be
| ||||||
23 | determined in accordance with the determination of income and | ||||||
24 | distributive
share of income under Sections 702 and 704 and | ||||||
25 | subchapter S of the Internal
Revenue Code. | ||||||
26 | Any credit allowed under this subsection which is unused |
| |||||||
| |||||||
1 | in the year
the credit is earned may be carried forward to each | ||||||
2 | of the 5 taxable
years following the year for which the credit | ||||||
3 | is first computed until it is
used. This credit shall be | ||||||
4 | applied first to the earliest year for which
there is a | ||||||
5 | liability. If there is a credit under this subsection from | ||||||
6 | more
than one tax year that is available to offset a liability , | ||||||
7 | the earliest
credit arising under this subsection shall be | ||||||
8 | applied first. No carryforward
credit may be claimed in any | ||||||
9 | tax year ending on or after
December 31, 2003. | ||||||
10 | (k) Research and development credit. For tax years ending | ||||||
11 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
12 | beginning again for tax years ending on or after December 31, | ||||||
13 | 2004, and ending prior to January 1, 2027, a taxpayer shall be
| ||||||
14 | allowed a credit against the tax imposed by subsections (a) | ||||||
15 | and (b) of this
Section for increasing research activities in | ||||||
16 | this State. The credit
allowed against the tax imposed by | ||||||
17 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
18 | qualifying expenditures for increasing research activities
in | ||||||
19 | this State. For partners, shareholders of subchapter S | ||||||
20 | corporations, and
owners of limited liability companies, if | ||||||
21 | the liability company is treated as a
partnership for purposes | ||||||
22 | of federal and State income taxation, there shall be
allowed a | ||||||
23 | credit under this subsection to be determined in accordance | ||||||
24 | with the
determination of income and distributive share of | ||||||
25 | income under Sections 702 and
704 and subchapter S of the | ||||||
26 | Internal Revenue Code. |
| |||||||
| |||||||
1 | For purposes of this subsection, "qualifying expenditures" | ||||||
2 | means the
qualifying expenditures as defined for the federal | ||||||
3 | credit for increasing
research activities which would be | ||||||
4 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
5 | which are conducted in this State, "qualifying
expenditures | ||||||
6 | for increasing research activities in this State" means the
| ||||||
7 | excess of qualifying expenditures for the taxable year in | ||||||
8 | which incurred
over qualifying expenditures for the base | ||||||
9 | period, "qualifying expenditures
for the base period" means | ||||||
10 | the average of the qualifying expenditures for
each year in | ||||||
11 | the base period, and "base period" means the 3 taxable years
| ||||||
12 | immediately preceding the taxable year for which the | ||||||
13 | determination is
being made. | ||||||
14 | Any credit in excess of the tax liability for the taxable | ||||||
15 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
16 | unused credit shown on its final completed return carried over | ||||||
17 | as a credit
against the tax liability for the following 5 | ||||||
18 | taxable years or until it has
been fully used, whichever | ||||||
19 | occurs first; provided that no credit earned in a tax year | ||||||
20 | ending prior to December 31, 2003 may be carried forward to any | ||||||
21 | year ending on or after December 31, 2003. | ||||||
22 | If an unused credit is carried forward to a given year from | ||||||
23 | 2 or more
earlier years, that credit arising in the earliest | ||||||
24 | year will be applied
first against the tax liability for the | ||||||
25 | given year. If a tax liability for
the given year still | ||||||
26 | remains, the credit from the next earliest year will
then be |
| |||||||
| |||||||
1 | applied, and so on, until all credits have been used or no tax
| ||||||
2 | liability for the given year remains. Any remaining unused | ||||||
3 | credit or
credits then will be carried forward to the next | ||||||
4 | following year in which a
tax liability is incurred, except | ||||||
5 | that no credit can be carried forward to
a year which is more | ||||||
6 | than 5 years after the year in which the expense for
which the | ||||||
7 | credit is given was incurred. | ||||||
8 | No inference shall be drawn from Public Act 91-644 this | ||||||
9 | amendatory Act of the 91st General
Assembly in construing this | ||||||
10 | Section for taxable years beginning before January
1, 1999. | ||||||
11 | It is the intent of the General Assembly that the research | ||||||
12 | and development credit under this subsection (k) shall apply | ||||||
13 | continuously for all tax years ending on or after December 31, | ||||||
14 | 2004 and ending prior to January 1, 2027, including, but not | ||||||
15 | limited to, the period beginning on January 1, 2016 and ending | ||||||
16 | on July 6, 2017 ( the effective date of Public Act 100-22) this | ||||||
17 | amendatory Act of the 100th General Assembly . All actions | ||||||
18 | taken in reliance on the continuation of the credit under this | ||||||
19 | subsection (k) by any taxpayer are hereby validated. | ||||||
20 | (l) Environmental Remediation Tax Credit. | ||||||
21 | (i) For tax years ending after December 31, 1997 and | ||||||
22 | on or before
December 31, 2001, a taxpayer shall be | ||||||
23 | allowed a credit against the tax
imposed by subsections | ||||||
24 | (a) and (b) of this Section for certain amounts paid
for | ||||||
25 | unreimbursed eligible remediation costs, as specified in | ||||||
26 | this subsection.
For purposes of this Section, |
| |||||||
| |||||||
1 | "unreimbursed eligible remediation costs" means
costs | ||||||
2 | approved by the Illinois Environmental Protection Agency | ||||||
3 | ("Agency") under
Section 58.14 of the Environmental | ||||||
4 | Protection Act that were paid in performing
environmental | ||||||
5 | remediation at a site for which a No Further Remediation | ||||||
6 | Letter
was issued by the Agency and recorded under Section | ||||||
7 | 58.10 of the Environmental
Protection Act. The credit must | ||||||
8 | be claimed for the taxable year in which
Agency approval | ||||||
9 | of the eligible remediation costs is granted. The credit | ||||||
10 | is
not available to any taxpayer if the taxpayer or any | ||||||
11 | related party caused or
contributed to, in any material | ||||||
12 | respect, a release of regulated substances on,
in, or | ||||||
13 | under the site that was identified and addressed by the | ||||||
14 | remedial
action pursuant to the Site Remediation Program | ||||||
15 | of the Environmental Protection
Act. After the Pollution | ||||||
16 | Control Board rules are adopted pursuant to the
Illinois | ||||||
17 | Administrative Procedure Act for the administration and | ||||||
18 | enforcement of
Section 58.9 of the Environmental | ||||||
19 | Protection Act, determinations as to credit
availability | ||||||
20 | for purposes of this Section shall be made consistent with | ||||||
21 | those
rules. For purposes of this Section, "taxpayer" | ||||||
22 | includes a person whose tax
attributes the taxpayer has | ||||||
23 | succeeded to under Section 381 of the Internal
Revenue | ||||||
24 | Code and "related party" includes the persons disallowed a | ||||||
25 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
26 | Section 267 of the Internal
Revenue Code by virtue of |
| |||||||
| |||||||
1 | being a related taxpayer, as well as any of its
partners. | ||||||
2 | The credit allowed against the tax imposed by subsections | ||||||
3 | (a) and
(b) shall be equal to 25% of the unreimbursed | ||||||
4 | eligible remediation costs in
excess of $100,000 per site, | ||||||
5 | except that the $100,000 threshold shall not apply
to any | ||||||
6 | site contained in an enterprise zone as determined by the | ||||||
7 | Department of
Commerce and Community Affairs (now | ||||||
8 | Department of Commerce and Economic Opportunity). The | ||||||
9 | total credit allowed shall not exceed
$40,000 per year | ||||||
10 | with a maximum total of $150,000 per site. For partners | ||||||
11 | and
shareholders of subchapter S corporations, there shall | ||||||
12 | be allowed a credit
under this subsection to be determined | ||||||
13 | in accordance with the determination of
income and | ||||||
14 | distributive share of income under Sections 702 and 704 | ||||||
15 | and
subchapter S of the Internal Revenue Code. | ||||||
16 | (ii) A credit allowed under this subsection that is | ||||||
17 | unused in the year
the credit is earned may be carried | ||||||
18 | forward to each of the 5 taxable years
following the year | ||||||
19 | for which the credit is first earned until it is used.
The | ||||||
20 | term "unused credit" does not include any amounts of | ||||||
21 | unreimbursed eligible
remediation costs in excess of the | ||||||
22 | maximum credit per site authorized under
paragraph (i). | ||||||
23 | This credit shall be applied first to the earliest year
| ||||||
24 | for which there is a liability. If there is a credit under | ||||||
25 | this subsection
from more than one tax year that is | ||||||
26 | available to offset a liability, the
earliest credit |
| |||||||
| |||||||
1 | arising under this subsection shall be applied first. A
| ||||||
2 | credit allowed under this subsection may be sold to a | ||||||
3 | buyer as part of a sale
of all or part of the remediation | ||||||
4 | site for which the credit was granted. The
purchaser of a | ||||||
5 | remediation site and the tax credit shall succeed to the | ||||||
6 | unused
credit and remaining carry-forward period of the | ||||||
7 | seller. To perfect the
transfer, the assignor shall record | ||||||
8 | the transfer in the chain of title for the
site and provide | ||||||
9 | written notice to the Director of the Illinois Department | ||||||
10 | of
Revenue of the assignor's intent to sell the | ||||||
11 | remediation site and the amount of
the tax credit to be | ||||||
12 | transferred as a portion of the sale. In no event may a
| ||||||
13 | credit be transferred to any taxpayer if the taxpayer or a | ||||||
14 | related party would
not be eligible under the provisions | ||||||
15 | of subsection (i). | ||||||
16 | (iii) For purposes of this Section, the term "site" | ||||||
17 | shall have the same
meaning as under Section 58.2 of the | ||||||
18 | Environmental Protection Act. | ||||||
19 | (m) Education expense credit. Beginning with tax years | ||||||
20 | ending after
December 31, 1999, a taxpayer who
is the | ||||||
21 | custodian of one or more qualifying pupils shall be allowed a | ||||||
22 | credit
against the tax imposed by subsections (a) and (b) of | ||||||
23 | this Section for
qualified education expenses incurred on | ||||||
24 | behalf of the qualifying pupils.
The credit shall be equal to | ||||||
25 | 25% of qualified education expenses, but in no
event may the | ||||||
26 | total credit under this subsection claimed by a
family that is |
| |||||||
| |||||||
1 | the
custodian of qualifying pupils exceed (i) $500 for tax | ||||||
2 | years ending prior to December 31, 2017, and (ii) $750 for tax | ||||||
3 | years ending on or after December 31, 2017. In no event shall a | ||||||
4 | credit under
this subsection reduce the taxpayer's liability | ||||||
5 | under this Act to less than
zero. Notwithstanding any other | ||||||
6 | provision of law, for taxable years beginning on or after | ||||||
7 | January 1, 2017, no taxpayer may claim a credit under this | ||||||
8 | subsection (m) if the taxpayer's adjusted gross income for the | ||||||
9 | taxable year exceeds (i) $500,000, in the case of spouses | ||||||
10 | filing a joint federal tax return or (ii) $250,000, in the case | ||||||
11 | of all other taxpayers. This subsection is exempt from the | ||||||
12 | provisions of Section 250 of this
Act. | ||||||
13 | For purposes of this subsection: | ||||||
14 | "Qualifying pupils" means individuals who (i) are | ||||||
15 | residents of the State of
Illinois, (ii) are under the age of | ||||||
16 | 21 at the close of the school year for
which a credit is | ||||||
17 | sought, and (iii) during the school year for which a credit
is | ||||||
18 | sought were full-time pupils enrolled in a kindergarten | ||||||
19 | through twelfth
grade education program at any school, as | ||||||
20 | defined in this subsection. | ||||||
21 | "Qualified education expense" means the amount incurred
on | ||||||
22 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
23 | book fees, and
lab fees at the school in which the pupil is | ||||||
24 | enrolled during the regular school
year. | ||||||
25 | "School" means any public or nonpublic elementary or | ||||||
26 | secondary school in
Illinois that is in compliance with Title |
| |||||||
| |||||||
1 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
2 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
3 | except that nothing shall be construed to require a child to
| ||||||
4 | attend any particular public or nonpublic school to qualify | ||||||
5 | for the credit
under this Section. | ||||||
6 | "Custodian" means, with respect to qualifying pupils, an | ||||||
7 | Illinois resident
who is a parent, the parents, a legal | ||||||
8 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
9 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
10 | credit.
| ||||||
11 | (i) For tax years ending on or after December 31, | ||||||
12 | 2006, a taxpayer shall be allowed a credit against the tax | ||||||
13 | imposed by subsections (a) and (b) of this Section for | ||||||
14 | certain amounts paid for unreimbursed eligible remediation | ||||||
15 | costs, as specified in this subsection. For purposes of | ||||||
16 | this Section, "unreimbursed eligible remediation costs" | ||||||
17 | means costs approved by the Illinois Environmental | ||||||
18 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
19 | Environmental Protection Act that were paid in performing | ||||||
20 | environmental remediation at a site within a River Edge | ||||||
21 | Redevelopment Zone for which a No Further Remediation | ||||||
22 | Letter was issued by the Agency and recorded under Section | ||||||
23 | 58.10 of the Environmental Protection Act. The credit must | ||||||
24 | be claimed for the taxable year in which Agency approval | ||||||
25 | of the eligible remediation costs is granted. The credit | ||||||
26 | is not available to any taxpayer if the taxpayer or any |
| |||||||
| |||||||
1 | related party caused or contributed to, in any material | ||||||
2 | respect, a release of regulated substances on, in, or | ||||||
3 | under the site that was identified and addressed by the | ||||||
4 | remedial action pursuant to the Site Remediation Program | ||||||
5 | of the Environmental Protection Act. Determinations as to | ||||||
6 | credit availability for purposes of this Section shall be | ||||||
7 | made consistent with rules adopted by the Pollution | ||||||
8 | Control Board pursuant to the Illinois Administrative | ||||||
9 | Procedure Act for the administration and enforcement of | ||||||
10 | Section 58.9 of the Environmental Protection Act. For | ||||||
11 | purposes of this Section, "taxpayer" includes a person | ||||||
12 | whose tax attributes the taxpayer has succeeded to under | ||||||
13 | Section 381 of the Internal Revenue Code and "related | ||||||
14 | party" includes the persons disallowed a deduction for | ||||||
15 | losses by paragraphs (b), (c), and (f)(1) of Section 267 | ||||||
16 | of the Internal Revenue Code by virtue of being a related | ||||||
17 | taxpayer, as well as any of its partners. The credit | ||||||
18 | allowed against the tax imposed by subsections (a) and (b) | ||||||
19 | shall be equal to 25% of the unreimbursed eligible | ||||||
20 | remediation costs in excess of $100,000 per site. | ||||||
21 | (ii) A credit allowed under this subsection that is | ||||||
22 | unused in the year the credit is earned may be carried | ||||||
23 | forward to each of the 5 taxable years following the year | ||||||
24 | for which the credit is first earned until it is used. This | ||||||
25 | credit shall be applied first to the earliest year for | ||||||
26 | which there is a liability. If there is a credit under this |
| |||||||
| |||||||
1 | subsection from more than one tax year that is available | ||||||
2 | to offset a liability, the earliest credit arising under | ||||||
3 | this subsection shall be applied first. A credit allowed | ||||||
4 | under this subsection may be sold to a buyer as part of a | ||||||
5 | sale of all or part of the remediation site for which the | ||||||
6 | credit was granted. The purchaser of a remediation site | ||||||
7 | and the tax credit shall succeed to the unused credit and | ||||||
8 | remaining carry-forward period of the seller. To perfect | ||||||
9 | the transfer, the assignor shall record the transfer in | ||||||
10 | the chain of title for the site and provide written notice | ||||||
11 | to the Director of the Illinois Department of Revenue of | ||||||
12 | the assignor's intent to sell the remediation site and the | ||||||
13 | amount of the tax credit to be transferred as a portion of | ||||||
14 | the sale. In no event may a credit be transferred to any | ||||||
15 | taxpayer if the taxpayer or a related party would not be | ||||||
16 | eligible under the provisions of subsection (i). | ||||||
17 | (iii) For purposes of this Section, the term "site" | ||||||
18 | shall have the same meaning as under Section 58.2 of the | ||||||
19 | Environmental Protection Act. | ||||||
20 | (o) For each of taxable years during the Compassionate Use | ||||||
21 | of Medical Cannabis Program, a surcharge is imposed on all | ||||||
22 | taxpayers on income arising from the sale or exchange of | ||||||
23 | capital assets, depreciable business property, real property | ||||||
24 | used in the trade or business, and Section 197 intangibles of | ||||||
25 | an organization registrant under the Compassionate Use of | ||||||
26 | Medical Cannabis Program Act. The amount of the surcharge is |
| |||||||
| |||||||
1 | equal to the amount of federal income tax liability for the | ||||||
2 | taxable year attributable to those sales and exchanges. The | ||||||
3 | surcharge imposed does not apply if: | ||||||
4 | (1) the medical cannabis cultivation center | ||||||
5 | registration, medical cannabis dispensary registration, or | ||||||
6 | the property of a registration is transferred as a result | ||||||
7 | of any of the following: | ||||||
8 | (A) bankruptcy, a receivership, or a debt | ||||||
9 | adjustment initiated by or against the initial | ||||||
10 | registration or the substantial owners of the initial | ||||||
11 | registration; | ||||||
12 | (B) cancellation, revocation, or termination of | ||||||
13 | any registration by the Illinois Department of Public | ||||||
14 | Health; | ||||||
15 | (C) a determination by the Illinois Department of | ||||||
16 | Public Health that transfer of the registration is in | ||||||
17 | the best interests of Illinois qualifying patients as | ||||||
18 | defined by the Compassionate Use of Medical Cannabis | ||||||
19 | Program Act; | ||||||
20 | (D) the death of an owner of the equity interest in | ||||||
21 | a registrant; | ||||||
22 | (E) the acquisition of a controlling interest in | ||||||
23 | the stock or substantially all of the assets of a | ||||||
24 | publicly traded company; | ||||||
25 | (F) a transfer by a parent company to a wholly | ||||||
26 | owned subsidiary; or |
| |||||||
| |||||||
1 | (G) the transfer or sale to or by one person to | ||||||
2 | another person where both persons were initial owners | ||||||
3 | of the registration when the registration was issued; | ||||||
4 | or | ||||||
5 | (2) the cannabis cultivation center registration, | ||||||
6 | medical cannabis dispensary registration, or the | ||||||
7 | controlling interest in a registrant's property is | ||||||
8 | transferred in a transaction to lineal descendants in | ||||||
9 | which no gain or loss is recognized or as a result of a | ||||||
10 | transaction in accordance with Section 351 of the Internal | ||||||
11 | Revenue Code in which no gain or loss is recognized. | ||||||
12 | (Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for | ||||||
13 | effective date; 101-9, eff. 6-5-19; 101-31, eff. 6-28-19; | ||||||
14 | 101-207, eff. 8-2-19; 101-363, eff. 8-9-19; revised 11-18-20.)
| ||||||
15 | (35 ILCS 5/208) (from Ch. 120, par. 2-208)
| ||||||
16 | (Text of Section without the changes made by P.A. 101-8, | ||||||
17 | which did not take effect (see Section 99 of P.A. 101-8))
| ||||||
18 | Sec. 208. Tax credit for residential real property taxes. | ||||||
19 | Beginning with tax years ending on or after December 31, 1991,
| ||||||
20 | every individual taxpayer shall be entitled to a tax credit | ||||||
21 | equal
to 5% of real property taxes paid by such taxpayer during | ||||||
22 | the
taxable year on the principal residence of the taxpayer. | ||||||
23 | In the
case of multi-unit or multi-use structures and farm | ||||||
24 | dwellings,
the taxes on the taxpayer's principal residence | ||||||
25 | shall be that
portion of the total taxes which is attributable |
| |||||||
| |||||||
1 | to such principal
residence. Notwithstanding any other | ||||||
2 | provision of law, for taxable years beginning on or after | ||||||
3 | January 1, 2017, no taxpayer may claim a credit under this | ||||||
4 | Section if the taxpayer's adjusted gross income for the | ||||||
5 | taxable year exceeds (i) $500,000, in the case of spouses | ||||||
6 | filing a joint federal tax return, or (ii) $250,000, in the | ||||||
7 | case of all other taxpayers.
| ||||||
8 | (Source: P.A. 100-22, eff. 7-6-17.)
| ||||||
9 | (Text of Section with the changes made by P.A. 101-8, | ||||||
10 | which did not take effect (see Section 99 of P.A. 101-8))
| ||||||
11 | Sec. 208. Tax credit for residential real property taxes. | ||||||
12 | Beginning with For tax years ending on or after December 31, | ||||||
13 | 1991 and ending prior to December 31, 2021 ,
every individual | ||||||
14 | taxpayer shall be entitled to a tax credit equal
to 5% of real | ||||||
15 | property taxes paid by such taxpayer during the
taxable year | ||||||
16 | on the principal residence of the taxpayer. For tax years | ||||||
17 | ending on or after December 31, 2021, every individual | ||||||
18 | taxpayer shall be entitled to a tax credit equal
to 6% of real | ||||||
19 | property taxes paid by such taxpayer during the
taxable year | ||||||
20 | on the principal residence of the taxpayer. In the
case of | ||||||
21 | multi-unit or multi-use structures and farm dwellings,
the | ||||||
22 | taxes on the taxpayer's principal residence shall be that
| ||||||
23 | portion of the total taxes which is attributable to such | ||||||
24 | principal
residence. Notwithstanding any other provision of | ||||||
25 | law, for taxable years beginning on or after January 1, 2017, |
| |||||||
| |||||||
1 | no taxpayer may claim a credit under this Section if the | ||||||
2 | taxpayer's adjusted gross income for the taxable year exceeds | ||||||
3 | (i) $500,000, in the case of spouses filing a joint federal tax | ||||||
4 | return, or (ii) $250,000, in the case of all other taxpayers. | ||||||
5 | This Section is exempt from the provisions of Section 250.
| ||||||
6 | (Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for | ||||||
7 | effective date .)
| ||||||
8 | (35 ILCS 5/502) (from Ch. 120, par. 5-502)
| ||||||
9 | (Text of Section without the changes made by P.A. 101-8, | ||||||
10 | which did not take effect (see Section 99 of P.A. 101-8))
| ||||||
11 | Sec. 502. Returns and notices.
| ||||||
12 | (a) In general. A return with respect to the taxes imposed | ||||||
13 | by this
Act shall be made by every person for any taxable year:
| ||||||
14 | (1) for which such person is liable for a tax imposed | ||||||
15 | by this Act,
or
| ||||||
16 | (2) in the case of a resident or in the case of a | ||||||
17 | corporation which
is qualified to do business in this | ||||||
18 | State, for which such person is
required to make a federal | ||||||
19 | income tax return, regardless of whether such
person is | ||||||
20 | liable for a tax imposed by this Act. However, this | ||||||
21 | paragraph
shall not require a resident to make a return if | ||||||
22 | such person has
an
Illinois base income of the basic | ||||||
23 | amount in Section 204(b) or
less and is either claimed as a | ||||||
24 | dependent on
another person's tax return under the | ||||||
25 | Internal Revenue Code, or is
claimed as a dependent on |
| |||||||
| |||||||
1 | another person's tax return under this Act.
| ||||||
2 | Notwithstanding the provisions of paragraph (1), a | ||||||
3 | nonresident (other than, for taxable years ending on or after | ||||||
4 | December 31, 2011, a nonresident required to withhold tax | ||||||
5 | under Section 709.5) whose Illinois income tax liability under | ||||||
6 | subsections (a), (b), (c), and (d) of Section 201 of this Act | ||||||
7 | is paid in full after taking into account the credits allowed | ||||||
8 | under subsection (f) of this Section or allowed under Section | ||||||
9 | 709.5 of this Act shall not be required to file a return under | ||||||
10 | this subsection (a).
| ||||||
11 | (b) Fiduciaries and receivers.
| ||||||
12 | (1) Decedents. If an individual is deceased, any | ||||||
13 | return or notice
required of such individual under this | ||||||
14 | Act shall be made by his
executor, administrator, or other | ||||||
15 | person charged with the property of
such decedent.
| ||||||
16 | (2) Individuals under a disability. If an individual | ||||||
17 | is unable
to make a return or notice required under this | ||||||
18 | Act, the return or notice
required of such individual | ||||||
19 | shall be made by his duly authorized agent,
guardian, | ||||||
20 | fiduciary or other person charged with the care
of the | ||||||
21 | person or property of such individual.
| ||||||
22 | (3) Estates and trusts. Returns or notices required of | ||||||
23 | an estate
or a trust shall be made by the fiduciary | ||||||
24 | thereof.
| ||||||
25 | (4) Receivers, trustees and assignees for | ||||||
26 | corporations. In a
case where a receiver, trustee in |
| |||||||
| |||||||
1 | bankruptcy, or assignee, by order of a
court of competent | ||||||
2 | jurisdiction, by operation of law, or otherwise, has
| ||||||
3 | possession of or holds title to all or substantially all | ||||||
4 | the property or
business of a corporation, whether or not | ||||||
5 | such property or business is
being operated, such | ||||||
6 | receiver, trustee, or assignee shall make the
returns and | ||||||
7 | notices required of such corporation in the same manner | ||||||
8 | and
form as corporations are required to make such returns | ||||||
9 | and notices.
| ||||||
10 | (c) Joint returns by husband and wife.
| ||||||
11 | (1) Except as provided in paragraph (3): | ||||||
12 | (A) if a husband and wife file a
joint federal | ||||||
13 | income tax return for a taxable year ending before | ||||||
14 | December 31, 2009, they shall file a joint
return | ||||||
15 | under this Act for such taxable year and their | ||||||
16 | liabilities shall be
joint and several; | ||||||
17 | (B) if a husband and wife file a joint federal | ||||||
18 | income tax return for a taxable year ending on or after | ||||||
19 | December 31, 2009, they may elect to file separate | ||||||
20 | returns under this Act for such taxable year. The | ||||||
21 | election under this paragraph must be made on or | ||||||
22 | before the due date (including extensions) of the | ||||||
23 | return and, once made, shall be irrevocable. If no | ||||||
24 | election is timely made under this paragraph for a | ||||||
25 | taxable year: | ||||||
26 | (i) the couple must file a joint return under |
| |||||||
| |||||||
1 | this Act for such taxable year, | ||||||
2 | (ii) their liabilities shall be joint and | ||||||
3 | several, and | ||||||
4 | (iii) any overpayment for that taxable year | ||||||
5 | may be withheld under Section 909 of this Act or | ||||||
6 | under Section 2505-275 of the Civil Administrative | ||||||
7 | Code of Illinois and applied against a debt of | ||||||
8 | either spouse without regard to the amount of the | ||||||
9 | overpayment attributable to the other spouse; and | ||||||
10 | (C) if the federal income tax liability of either | ||||||
11 | spouse is
determined on a separate federal income tax | ||||||
12 | return, they shall file separate
returns under this | ||||||
13 | Act.
| ||||||
14 | (2) If neither spouse is required to file a federal | ||||||
15 | income tax
return and either or both are required to file a | ||||||
16 | return under this Act,
they may elect to file separate or | ||||||
17 | joint returns and pursuant to such
election their | ||||||
18 | liabilities shall be separate or joint and several.
| ||||||
19 | (3) If either husband or wife is a resident and the | ||||||
20 | other is a
nonresident, they shall file separate returns | ||||||
21 | in this State on such
forms as may be required by the | ||||||
22 | Department in which event their tax
liabilities shall be | ||||||
23 | separate; but if they file a joint federal income tax | ||||||
24 | return for a taxable year, they may elect to determine | ||||||
25 | their
joint net income and file a joint return for that | ||||||
26 | taxable year under the provisions of paragraph (1) of this |
| |||||||
| |||||||
1 | subsection as if both were residents and
in such case, | ||||||
2 | their liabilities shall be joint and several.
| ||||||
3 | (4) Innocent spouses.
| ||||||
4 | (A) However, for tax liabilities arising and paid | ||||||
5 | prior to August 13,
1999, an innocent spouse shall be | ||||||
6 | relieved of
liability for tax
(including interest and | ||||||
7 | penalties) for any taxable year for which a joint
| ||||||
8 | return has been made, upon submission of proof that | ||||||
9 | the Internal Revenue
Service has made a determination | ||||||
10 | under Section 6013(e) of the Internal
Revenue Code, | ||||||
11 | for the same taxable year, which determination | ||||||
12 | relieved the
spouse from liability for federal income | ||||||
13 | taxes.
If there is no federal income tax liability at | ||||||
14 | issue for the
same taxable year, the Department shall | ||||||
15 | rely on the provisions of Section
6013(e) to determine | ||||||
16 | whether the person requesting innocent spouse | ||||||
17 | abatement of
tax, penalty, and interest is entitled to | ||||||
18 | that relief.
| ||||||
19 | (B) For tax liabilities arising on and after | ||||||
20 | August 13, 1999 or which arose prior to that date, but | ||||||
21 | remain unpaid as of that date, if
an individual
who | ||||||
22 | filed a joint return for any taxable year has made an | ||||||
23 | election under this
paragraph, the individual's | ||||||
24 | liability for any tax shown on the joint return
shall | ||||||
25 | not exceed the individual's separate return amount and | ||||||
26 | the individual's
liability for any deficiency assessed |
| |||||||
| |||||||
1 | for that taxable year shall not exceed
the portion of | ||||||
2 | the deficiency properly allocable to the individual. | ||||||
3 | For
purposes of this paragraph:
| ||||||
4 | (i) An election properly made pursuant to | ||||||
5 | Section 6015 of the Internal
Revenue Code shall | ||||||
6 | constitute an election under this paragraph, | ||||||
7 | provided that
the election shall not be effective | ||||||
8 | until the individual has notified the
Department | ||||||
9 | of the election in the form and manner prescribed | ||||||
10 | by the Department.
| ||||||
11 | (ii) If no election has been made under | ||||||
12 | Section 6015, the individual
may make an election | ||||||
13 | under this paragraph in the form and manner | ||||||
14 | prescribed by
the Department, provided that no | ||||||
15 | election may be made if the Department finds
that | ||||||
16 | assets were transferred
between individuals filing | ||||||
17 | a joint return as part of a scheme by such
| ||||||
18 | individuals to avoid payment of Illinois income | ||||||
19 | tax and the election shall not
eliminate the | ||||||
20 | individual's liability for any portion of a | ||||||
21 | deficiency
attributable to an error on the return | ||||||
22 | of which the individual had actual
knowledge as of | ||||||
23 | the date of filing.
| ||||||
24 | (iii) In determining the separate return | ||||||
25 | amount or portion of any
deficiency attributable | ||||||
26 | to an individual, the Department shall follow the
|
| |||||||
| |||||||
1 | provisions in subsections (c) and (d) of Section | ||||||
2 | 6015 of the Internal Revenue Code.
| ||||||
3 | (iv) In determining the validity of an | ||||||
4 | individual's election under
subparagraph (ii) and | ||||||
5 | in determining an electing individual's separate | ||||||
6 | return
amount or portion of any deficiency under | ||||||
7 | subparagraph (iii), any determination
made by the | ||||||
8 | Secretary of the Treasury, by the United States | ||||||
9 | Tax Court on
petition for review of a | ||||||
10 | determination by the Secretary of the Treasury, or | ||||||
11 | on
appeal from the United States Tax Court under | ||||||
12 | Section 6015 of
the Internal
Revenue Code | ||||||
13 | regarding criteria for eligibility or under | ||||||
14 | subsection (d) of
Section 6015
of the Internal | ||||||
15 | Revenue Code regarding the allocation of any item | ||||||
16 | of income,
deduction, payment, or credit between | ||||||
17 | an individual making the federal election
and that | ||||||
18 | individual's spouse shall be conclusively presumed | ||||||
19 | to be correct.
With respect to any item that is not | ||||||
20 | the subject of a determination by the
Secretary of | ||||||
21 | the Treasury or the federal courts, in any | ||||||
22 | proceeding
involving this subsection, the
| ||||||
23 | individual making the election shall have the | ||||||
24 | burden of proof with respect to
any item except | ||||||
25 | that the Department shall have the burden of proof | ||||||
26 | with respect
to items in subdivision (ii).
|
| |||||||
| |||||||
1 | (v) Any election made by an individual under | ||||||
2 | this subsection shall
apply to all years for which | ||||||
3 | that individual and the spouse named in the
| ||||||
4 | election have filed a joint return.
| ||||||
5 | (vi) After receiving a notice that the federal | ||||||
6 | election has been made
or after receiving an | ||||||
7 | election under subdivision (ii), the Department | ||||||
8 | shall
take no collection action against the | ||||||
9 | electing individual for any liability
arising from | ||||||
10 | a joint return covered by the election until the | ||||||
11 | Department has
notified the electing individual in | ||||||
12 | writing that the election is invalid or of
the | ||||||
13 | portion of the liability the Department has | ||||||
14 | allocated to the electing
individual. Within 60 | ||||||
15 | days (150 days if the individual is outside the | ||||||
16 | United
States) after the issuance of such | ||||||
17 | notification, the individual may file a
written | ||||||
18 | protest of the denial of the election or of the | ||||||
19 | Department's
determination of the liability | ||||||
20 | allocated to him or her and shall be granted a
| ||||||
21 | hearing within the Department under the provisions | ||||||
22 | of Section 908. If a
protest is filed, the | ||||||
23 | Department shall take no collection action against | ||||||
24 | the
electing individual until the decision | ||||||
25 | regarding the protest has become final
under | ||||||
26 | subsection (d) of Section 908 or, if |
| |||||||
| |||||||
1 | administrative review of the
Department's decision
| ||||||
2 | is requested under Section 1201, until the | ||||||
3 | decision of the court becomes
final.
| ||||||
4 | (d) Partnerships. Every partnership having any base income
| ||||||
5 | allocable to this State in accordance with section 305(c) | ||||||
6 | shall retain
information concerning all items of income, gain, | ||||||
7 | loss and
deduction; the names and addresses of all of the | ||||||
8 | partners, or names and
addresses of members of a limited | ||||||
9 | liability company, or other
persons who would be entitled to | ||||||
10 | share in the base income of the
partnership if distributed; | ||||||
11 | the amount of the distributive share of
each; and such other | ||||||
12 | pertinent information as the Department may by
forms or | ||||||
13 | regulations prescribe. The partnership shall make that | ||||||
14 | information
available to the Department when requested by the | ||||||
15 | Department.
| ||||||
16 | (e) For taxable years ending on or after December 31, | ||||||
17 | 1985, and before
December 31, 1993, taxpayers
that are | ||||||
18 | corporations (other than Subchapter S corporations) having the
| ||||||
19 | same taxable year and that are members of the same unitary | ||||||
20 | business group
may elect to be treated as one taxpayer for | ||||||
21 | purposes of any original return,
amended return which includes | ||||||
22 | the same taxpayers of the unitary group which
joined in the | ||||||
23 | election to file the original return, extension, claim for
| ||||||
24 | refund, assessment, collection and payment and determination | ||||||
25 | of the
group's tax liability under this Act. This subsection | ||||||
26 | (e) does not permit the
election to be made for some, but not |
| |||||||
| |||||||
1 | all, of the purposes enumerated above.
For taxable years | ||||||
2 | ending on or after December 31, 1987, corporate members
(other | ||||||
3 | than Subchapter S corporations) of the same unitary business | ||||||
4 | group
making this subsection (e) election are not required to | ||||||
5 | have the same taxable
year.
| ||||||
6 | For taxable years ending on or after December 31, 1993, | ||||||
7 | taxpayers that are
corporations (other than Subchapter S | ||||||
8 | corporations) and that are members of
the same unitary | ||||||
9 | business group shall be treated as one taxpayer for purposes
| ||||||
10 | of any original return, amended return which includes the same | ||||||
11 | taxpayers of the
unitary group which joined in filing the | ||||||
12 | original return, extension, claim for
refund, assessment, | ||||||
13 | collection and payment and determination of the group's tax
| ||||||
14 | liability under this Act.
| ||||||
15 | (f) For taxable years ending prior to December 31, 2014, | ||||||
16 | the Department may promulgate regulations to permit | ||||||
17 | nonresident
individual partners of the same partnership, | ||||||
18 | nonresident Subchapter S
corporation shareholders of the same | ||||||
19 | Subchapter S corporation, and
nonresident individuals | ||||||
20 | transacting an insurance business in Illinois under
a Lloyds | ||||||
21 | plan of operation, and nonresident individual members of the | ||||||
22 | same
limited liability company that is treated as a | ||||||
23 | partnership under Section 1501
(a)(16) of this Act, to file | ||||||
24 | composite individual income tax returns
reflecting the | ||||||
25 | composite income of such individuals allocable to Illinois
and | ||||||
26 | to make composite individual income tax payments. For taxable |
| |||||||
| |||||||
1 | years ending prior to December 31, 2014, the Department may
by | ||||||
2 | regulation also permit such composite returns to include the | ||||||
3 | income tax
owed by Illinois residents attributable to their | ||||||
4 | income from partnerships,
Subchapter S corporations, insurance | ||||||
5 | businesses organized under a Lloyds
plan of operation, or | ||||||
6 | limited liability companies that are treated as
partnership | ||||||
7 | under Section 1501(a)(16) of this Act, in which case such
| ||||||
8 | Illinois residents will be permitted to claim credits on their | ||||||
9 | individual
returns for their shares of the composite tax | ||||||
10 | payments. This paragraph of
subsection (f) applies to taxable | ||||||
11 | years ending on or after December 31, 1987 and ending prior to | ||||||
12 | December 31, 2014.
| ||||||
13 | For taxable years ending on or after December 31, 1999, | ||||||
14 | the Department may,
by regulation, permit any persons | ||||||
15 | transacting an insurance business
organized under a Lloyds | ||||||
16 | plan of operation to file composite returns reflecting
the | ||||||
17 | income of such persons allocable to Illinois and the tax rates | ||||||
18 | applicable
to such persons under Section 201 and to make | ||||||
19 | composite tax payments and shall,
by regulation, also provide | ||||||
20 | that the income and apportionment factors
attributable to the | ||||||
21 | transaction of an insurance business organized under a
Lloyds | ||||||
22 | plan of operation by any person joining in the filing of a | ||||||
23 | composite
return shall, for purposes of allocating and | ||||||
24 | apportioning income under Article
3 of this Act and computing | ||||||
25 | net income under Section 202 of this Act, be
excluded from any | ||||||
26 | other income and apportionment factors of that person or of
|
| |||||||
| |||||||
1 | any unitary business group, as defined in subdivision (a)(27) | ||||||
2 | of Section 1501,
to which that person may belong.
| ||||||
3 | For taxable years ending on or after December 31, 2008, | ||||||
4 | every nonresident shall be allowed a credit against his or her | ||||||
5 | liability under subsections (a) and (b) of Section 201 for any | ||||||
6 | amount of tax reported on a composite return and paid on his or | ||||||
7 | her behalf under this subsection (f). Residents (other than | ||||||
8 | persons transacting an insurance business organized under a | ||||||
9 | Lloyds plan of operation) may claim a credit for taxes | ||||||
10 | reported on a composite return and paid on their behalf under | ||||||
11 | this subsection (f) only as permitted by the Department by | ||||||
12 | rule.
| ||||||
13 | (f-5) For taxable years ending on or after December 31, | ||||||
14 | 2008, the Department may adopt rules to provide that, when a | ||||||
15 | partnership or Subchapter S corporation has made an error in | ||||||
16 | determining the amount of any item of income, deduction, | ||||||
17 | addition, subtraction, or credit required to be reported on | ||||||
18 | its return that affects the liability imposed under this Act | ||||||
19 | on a partner or shareholder, the partnership or Subchapter S | ||||||
20 | corporation may report the changes in liabilities of its | ||||||
21 | partners or shareholders and claim a refund of the resulting | ||||||
22 | overpayments, or pay the resulting underpayments, on behalf of | ||||||
23 | its partners and shareholders.
| ||||||
24 | (g) The Department may adopt rules to authorize the | ||||||
25 | electronic filing of
any return required to be filed under | ||||||
26 | this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14.)
| ||||||
2 | (Text of Section with the changes made by P.A. 101-8, | ||||||
3 | which did not take effect (see Section 99 of P.A. 101-8))
| ||||||
4 | Sec. 502. Returns and notices.
| ||||||
5 | (a) In general. A return with respect to the taxes imposed | ||||||
6 | by this
Act shall be made by every person for any taxable year:
| ||||||
7 | (1) for which such person is liable for a tax imposed | ||||||
8 | by this Act,
or
| ||||||
9 | (2) in the case of a resident or in the case of a | ||||||
10 | corporation which
is qualified to do business in this | ||||||
11 | State, for which such person is
required to make a federal | ||||||
12 | income tax return, regardless of whether such
person is | ||||||
13 | liable for a tax imposed by this Act. However, this | ||||||
14 | paragraph
shall not require a resident to make a return if | ||||||
15 | such person has
an
Illinois base income of the basic | ||||||
16 | amount in Section 204(b) or
less and is either claimed as a | ||||||
17 | dependent on
another person's tax return under the | ||||||
18 | Internal Revenue Code, or is
claimed as a dependent on | ||||||
19 | another person's tax return under this Act.
| ||||||
20 | Notwithstanding the provisions of paragraph (1), a | ||||||
21 | nonresident (other than, for taxable years ending on or after | ||||||
22 | December 31, 2011, a nonresident required to withhold tax | ||||||
23 | under Section 709.5) whose Illinois income tax liability under | ||||||
24 | subsections (a), (b), (c), and (d) of Section 201 of this Act | ||||||
25 | is paid in full after taking into account the credits allowed |
| |||||||
| |||||||
1 | under subsection (f) of this Section or allowed under Section | ||||||
2 | 709.5 of this Act shall not be required to file a return under | ||||||
3 | this subsection (a).
| ||||||
4 | (b) Fiduciaries and receivers.
| ||||||
5 | (1) Decedents. If an individual is deceased, any | ||||||
6 | return or notice
required of such individual under this | ||||||
7 | Act shall be made by his
executor, administrator, or other | ||||||
8 | person charged with the property of
such decedent.
| ||||||
9 | (2) Individuals under a disability. If an individual | ||||||
10 | is unable
to make a return or notice required under this | ||||||
11 | Act, the return or notice
required of such individual | ||||||
12 | shall be made by his duly authorized agent,
guardian, | ||||||
13 | fiduciary or other person charged with the care
of the | ||||||
14 | person or property of such individual.
| ||||||
15 | (3) Estates and trusts. Returns or notices required of | ||||||
16 | an estate
or a trust shall be made by the fiduciary | ||||||
17 | thereof.
| ||||||
18 | (4) Receivers, trustees and assignees for | ||||||
19 | corporations. In a
case where a receiver, trustee in | ||||||
20 | bankruptcy, or assignee, by order of a
court of competent | ||||||
21 | jurisdiction, by operation of law, or otherwise, has
| ||||||
22 | possession of or holds title to all or substantially all | ||||||
23 | the property or
business of a corporation, whether or not | ||||||
24 | such property or business is
being operated, such | ||||||
25 | receiver, trustee, or assignee shall make the
returns and | ||||||
26 | notices required of such corporation in the same manner |
| |||||||
| |||||||
1 | and
form as corporations are required to make such returns | ||||||
2 | and notices.
| ||||||
3 | (c) Joint returns by husband and wife spouses .
| ||||||
4 | (1) Except as provided in paragraph (3): | ||||||
5 | (A) if a husband and wife spouses file a
joint | ||||||
6 | federal income tax return for a taxable year ending | ||||||
7 | before December 31, 2009 or ending on or after | ||||||
8 | December 31, 2021 , they shall file a joint
return | ||||||
9 | under this Act for such taxable year and their | ||||||
10 | liabilities shall be
joint and several; | ||||||
11 | (B) if a husband and wife spouses file a joint | ||||||
12 | federal income tax return for a taxable year ending on | ||||||
13 | or after December 31, 2009 and ending prior to | ||||||
14 | December 31, 2021 , they may elect to file separate | ||||||
15 | returns under this Act for such taxable year. The | ||||||
16 | election under this paragraph must be made on or | ||||||
17 | before the due date (including extensions) of the | ||||||
18 | return and, once made, shall be irrevocable. If no | ||||||
19 | election is timely made under this paragraph for a | ||||||
20 | taxable year: | ||||||
21 | (i) the couple must file a joint return under | ||||||
22 | this Act for such taxable year, | ||||||
23 | (ii) their liabilities shall be joint and | ||||||
24 | several, and | ||||||
25 | (iii) any overpayment for that taxable year | ||||||
26 | may be withheld under Section 909 of this Act or |
| |||||||
| |||||||
1 | under Section 2505-275 of the Civil Administrative | ||||||
2 | Code of Illinois and applied against a debt of | ||||||
3 | either spouse without regard to the amount of the | ||||||
4 | overpayment attributable to the other spouse; and | ||||||
5 | (C) if the federal income tax liability of either | ||||||
6 | spouse is
determined on a separate federal income tax | ||||||
7 | return, they shall file separate
returns under this | ||||||
8 | Act.
| ||||||
9 | (2) If neither spouse is required to file a federal | ||||||
10 | income tax
return and either or both are required to file a | ||||||
11 | return under this Act,
they may elect to file separate or | ||||||
12 | joint returns and pursuant to such
election their | ||||||
13 | liabilities shall be separate or joint and several.
| ||||||
14 | (3) If either husband or wife spouse is a resident and | ||||||
15 | the other is a
nonresident, they shall file separate | ||||||
16 | returns in this State on such
forms as may be required by | ||||||
17 | the Department in which event their tax
liabilities shall | ||||||
18 | be separate; but if they file a joint federal income tax | ||||||
19 | return for a taxable year, they may elect to determine | ||||||
20 | their
joint net income and file a joint return for that | ||||||
21 | taxable year under the provisions of paragraph (1) of this | ||||||
22 | subsection as if both were residents and
in such case, | ||||||
23 | their liabilities shall be joint and several.
| ||||||
24 | (4) Innocent spouses.
| ||||||
25 | (A) However, for tax liabilities arising and paid | ||||||
26 | prior to August 13,
1999, an innocent spouse shall be |
| |||||||
| |||||||
1 | relieved of
liability for tax
(including interest and | ||||||
2 | penalties) for any taxable year for which a joint
| ||||||
3 | return has been made, upon submission of proof that | ||||||
4 | the Internal Revenue
Service has made a determination | ||||||
5 | under Section 6013(e) of the Internal
Revenue Code, | ||||||
6 | for the same taxable year, which determination | ||||||
7 | relieved the
spouse from liability for federal income | ||||||
8 | taxes.
If there is no federal income tax liability at | ||||||
9 | issue for the
same taxable year, the Department shall | ||||||
10 | rely on the provisions of Section
6013(e) to determine | ||||||
11 | whether the person requesting innocent spouse | ||||||
12 | abatement of
tax, penalty, and interest is entitled to | ||||||
13 | that relief.
| ||||||
14 | (B) For tax liabilities arising on and after | ||||||
15 | August 13, 1999 or which arose prior to that date, but | ||||||
16 | remain unpaid as of that date, if
an individual
who | ||||||
17 | filed a joint return for any taxable year has made an | ||||||
18 | election under this
paragraph, the individual's | ||||||
19 | liability for any tax shown on the joint return
shall | ||||||
20 | not exceed the individual's separate return amount and | ||||||
21 | the individual's
liability for any deficiency assessed | ||||||
22 | for that taxable year shall not exceed
the portion of | ||||||
23 | the deficiency properly allocable to the individual. | ||||||
24 | For
purposes of this paragraph:
| ||||||
25 | (i) An election properly made pursuant to | ||||||
26 | Section 6015 of the Internal
Revenue Code shall |
| |||||||
| |||||||
1 | constitute an election under this paragraph, | ||||||
2 | provided that
the election shall not be effective | ||||||
3 | until the individual has notified the
Department | ||||||
4 | of the election in the form and manner prescribed | ||||||
5 | by the Department.
| ||||||
6 | (ii) If no election has been made under | ||||||
7 | Section 6015, the individual
may make an election | ||||||
8 | under this paragraph in the form and manner | ||||||
9 | prescribed by
the Department, provided that no | ||||||
10 | election may be made if the Department finds
that | ||||||
11 | assets were transferred
between individuals filing | ||||||
12 | a joint return as part of a scheme by such
| ||||||
13 | individuals to avoid payment of Illinois income | ||||||
14 | tax and the election shall not
eliminate the | ||||||
15 | individual's liability for any portion of a | ||||||
16 | deficiency
attributable to an error on the return | ||||||
17 | of which the individual had actual
knowledge as of | ||||||
18 | the date of filing.
| ||||||
19 | (iii) In determining the separate return | ||||||
20 | amount or portion of any
deficiency attributable | ||||||
21 | to an individual, the Department shall follow the
| ||||||
22 | provisions in subsections (c) and (d) of Section | ||||||
23 | 6015 of the Internal Revenue Code.
| ||||||
24 | (iv) In determining the validity of an | ||||||
25 | individual's election under
subparagraph (ii) and | ||||||
26 | in determining an electing individual's separate |
| |||||||
| |||||||
1 | return
amount or portion of any deficiency under | ||||||
2 | subparagraph (iii), any determination
made by the | ||||||
3 | Secretary of the Treasury, by the United States | ||||||
4 | Tax Court on
petition for review of a | ||||||
5 | determination by the Secretary of the Treasury, or | ||||||
6 | on
appeal from the United States Tax Court under | ||||||
7 | Section 6015 of
the Internal
Revenue Code | ||||||
8 | regarding criteria for eligibility or under | ||||||
9 | subsection (d) of
Section 6015
of the Internal | ||||||
10 | Revenue Code regarding the allocation of any item | ||||||
11 | of income,
deduction, payment, or credit between | ||||||
12 | an individual making the federal election
and that | ||||||
13 | individual's spouse shall be conclusively presumed | ||||||
14 | to be correct.
With respect to any item that is not | ||||||
15 | the subject of a determination by the
Secretary of | ||||||
16 | the Treasury or the federal courts, in any | ||||||
17 | proceeding
involving this subsection, the
| ||||||
18 | individual making the election shall have the | ||||||
19 | burden of proof with respect to
any item except | ||||||
20 | that the Department shall have the burden of proof | ||||||
21 | with respect
to items in subdivision (ii).
| ||||||
22 | (v) Any election made by an individual under | ||||||
23 | this subsection shall
apply to all years for which | ||||||
24 | that individual and the spouse named in the
| ||||||
25 | election have filed a joint return.
| ||||||
26 | (vi) After receiving a notice that the federal |
| |||||||
| |||||||
1 | election has been made
or after receiving an | ||||||
2 | election under subdivision (ii), the Department | ||||||
3 | shall
take no collection action against the | ||||||
4 | electing individual for any liability
arising from | ||||||
5 | a joint return covered by the election until the | ||||||
6 | Department has
notified the electing individual in | ||||||
7 | writing that the election is invalid or of
the | ||||||
8 | portion of the liability the Department has | ||||||
9 | allocated to the electing
individual. Within 60 | ||||||
10 | days (150 days if the individual is outside the | ||||||
11 | United
States) after the issuance of such | ||||||
12 | notification, the individual may file a
written | ||||||
13 | protest of the denial of the election or of the | ||||||
14 | Department's
determination of the liability | ||||||
15 | allocated to him or her and shall be granted a
| ||||||
16 | hearing within the Department under the provisions | ||||||
17 | of Section 908. If a
protest is filed, the | ||||||
18 | Department shall take no collection action against | ||||||
19 | the
electing individual until the decision | ||||||
20 | regarding the protest has become final
under | ||||||
21 | subsection (d) of Section 908 or, if | ||||||
22 | administrative review of the
Department's decision
| ||||||
23 | is requested under Section 1201, until the | ||||||
24 | decision of the court becomes
final.
| ||||||
25 | (d) Partnerships. Every partnership having any base income
| ||||||
26 | allocable to this State in accordance with section 305(c) |
| |||||||
| |||||||
1 | shall retain
information concerning all items of income, gain, | ||||||
2 | loss and
deduction; the names and addresses of all of the | ||||||
3 | partners, or names and
addresses of members of a limited | ||||||
4 | liability company, or other
persons who would be entitled to | ||||||
5 | share in the base income of the
partnership if distributed; | ||||||
6 | the amount of the distributive share of
each; and such other | ||||||
7 | pertinent information as the Department may by
forms or | ||||||
8 | regulations prescribe. The partnership shall make that | ||||||
9 | information
available to the Department when requested by the | ||||||
10 | Department.
| ||||||
11 | (e) For taxable years ending on or after December 31, | ||||||
12 | 1985, and before
December 31, 1993, taxpayers
that are | ||||||
13 | corporations (other than Subchapter S corporations) having the
| ||||||
14 | same taxable year and that are members of the same unitary | ||||||
15 | business group
may elect to be treated as one taxpayer for | ||||||
16 | purposes of any original return,
amended return which includes | ||||||
17 | the same taxpayers of the unitary group which
joined in the | ||||||
18 | election to file the original return, extension, claim for
| ||||||
19 | refund, assessment, collection and payment and determination | ||||||
20 | of the
group's tax liability under this Act. This subsection | ||||||
21 | (e) does not permit the
election to be made for some, but not | ||||||
22 | all, of the purposes enumerated above.
For taxable years | ||||||
23 | ending on or after December 31, 1987, corporate members
(other | ||||||
24 | than Subchapter S corporations) of the same unitary business | ||||||
25 | group
making this subsection (e) election are not required to | ||||||
26 | have the same taxable
year.
|
| |||||||
| |||||||
1 | For taxable years ending on or after December 31, 1993, | ||||||
2 | taxpayers that are
corporations (other than Subchapter S | ||||||
3 | corporations) and that are members of
the same unitary | ||||||
4 | business group shall be treated as one taxpayer for purposes
| ||||||
5 | of any original return, amended return which includes the same | ||||||
6 | taxpayers of the
unitary group which joined in filing the | ||||||
7 | original return, extension, claim for
refund, assessment, | ||||||
8 | collection and payment and determination of the group's tax
| ||||||
9 | liability under this Act.
| ||||||
10 | (f) For taxable years ending prior to December 31, 2014, | ||||||
11 | the Department may promulgate regulations to permit | ||||||
12 | nonresident
individual partners of the same partnership, | ||||||
13 | nonresident Subchapter S
corporation shareholders of the same | ||||||
14 | Subchapter S corporation, and
nonresident individuals | ||||||
15 | transacting an insurance business in Illinois under
a Lloyds | ||||||
16 | plan of operation, and nonresident individual members of the | ||||||
17 | same
limited liability company that is treated as a | ||||||
18 | partnership under Section 1501
(a)(16) of this Act, to file | ||||||
19 | composite individual income tax returns
reflecting the | ||||||
20 | composite income of such individuals allocable to Illinois
and | ||||||
21 | to make composite individual income tax payments. For taxable | ||||||
22 | years ending prior to December 31, 2014, the Department may
by | ||||||
23 | regulation also permit such composite returns to include the | ||||||
24 | income tax
owed by Illinois residents attributable to their | ||||||
25 | income from partnerships,
Subchapter S corporations, insurance | ||||||
26 | businesses organized under a Lloyds
plan of operation, or |
| |||||||
| |||||||
1 | limited liability companies that are treated as
partnership | ||||||
2 | under Section 1501(a)(16) of this Act, in which case such
| ||||||
3 | Illinois residents will be permitted to claim credits on their | ||||||
4 | individual
returns for their shares of the composite tax | ||||||
5 | payments. This paragraph of
subsection (f) applies to taxable | ||||||
6 | years ending on or after December 31, 1987 and ending prior to | ||||||
7 | December 31, 2014.
| ||||||
8 | For taxable years ending on or after December 31, 1999, | ||||||
9 | the Department may,
by regulation, permit any persons | ||||||
10 | transacting an insurance business
organized under a Lloyds | ||||||
11 | plan of operation to file composite returns reflecting
the | ||||||
12 | income of such persons allocable to Illinois and the tax rates | ||||||
13 | applicable
to such persons under Section 201 and to make | ||||||
14 | composite tax payments and shall,
by regulation, also provide | ||||||
15 | that the income and apportionment factors
attributable to the | ||||||
16 | transaction of an insurance business organized under a
Lloyds | ||||||
17 | plan of operation by any person joining in the filing of a | ||||||
18 | composite
return shall, for purposes of allocating and | ||||||
19 | apportioning income under Article
3 of this Act and computing | ||||||
20 | net income under Section 202 of this Act, be
excluded from any | ||||||
21 | other income and apportionment factors of that person or of
| ||||||
22 | any unitary business group, as defined in subdivision (a)(27) | ||||||
23 | of Section 1501,
to which that person may belong.
| ||||||
24 | For taxable years ending on or after December 31, 2008, | ||||||
25 | every nonresident shall be allowed a credit against his or her | ||||||
26 | liability under subsections (a) and (b) of Section 201 for any |
| |||||||
| |||||||
1 | amount of tax reported on a composite return and paid on his or | ||||||
2 | her behalf under this subsection (f). Residents (other than | ||||||
3 | persons transacting an insurance business organized under a | ||||||
4 | Lloyds plan of operation) may claim a credit for taxes | ||||||
5 | reported on a composite return and paid on their behalf under | ||||||
6 | this subsection (f) only as permitted by the Department by | ||||||
7 | rule.
| ||||||
8 | (f-5) For taxable years ending on or after December 31, | ||||||
9 | 2008, the Department may adopt rules to provide that, when a | ||||||
10 | partnership or Subchapter S corporation has made an error in | ||||||
11 | determining the amount of any item of income, deduction, | ||||||
12 | addition, subtraction, or credit required to be reported on | ||||||
13 | its return that affects the liability imposed under this Act | ||||||
14 | on a partner or shareholder, the partnership or Subchapter S | ||||||
15 | corporation may report the changes in liabilities of its | ||||||
16 | partners or shareholders and claim a refund of the resulting | ||||||
17 | overpayments, or pay the resulting underpayments, on behalf of | ||||||
18 | its partners and shareholders.
| ||||||
19 | (g) The Department may adopt rules to authorize the | ||||||
20 | electronic filing of
any return required to be filed under | ||||||
21 | this Section.
| ||||||
22 | (Source: P.A. 101-8, see Section 99 for effective date .)
| ||||||
23 | (35 ILCS 5/901)
| ||||||
24 | (Text of Section without the changes made by P.A. 101-8, | ||||||
25 | which did not take effect (see Section 99 of P.A. 101-8)) |
| |||||||
| |||||||
1 | Sec. 901. Collection authority. | ||||||
2 | (a) In general. The Department shall collect the taxes | ||||||
3 | imposed by this Act. The Department
shall collect certified | ||||||
4 | past due child support amounts under Section 2505-650
of the | ||||||
5 | Department of Revenue Law of the
Civil Administrative Code of | ||||||
6 | Illinois. Except as
provided in subsections (b), (c), (e), | ||||||
7 | (f), (g), and (h) of this Section, money collected
pursuant to | ||||||
8 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
9 | paid into the General Revenue Fund in the State treasury; | ||||||
10 | money
collected pursuant to subsections (c) and (d) of Section | ||||||
11 | 201 of this Act
shall be paid into the Personal Property Tax | ||||||
12 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
13 | money collected under Section 2505-650 of the
Department of | ||||||
14 | Revenue Law of the
Civil Administrative Code of Illinois shall | ||||||
15 | be paid
into the
Child Support Enforcement Trust Fund, a | ||||||
16 | special fund outside the State
Treasury, or
to the State
| ||||||
17 | Disbursement Unit established under Section 10-26 of the | ||||||
18 | Illinois Public Aid
Code, as directed by the Department of | ||||||
19 | Healthcare and Family Services. | ||||||
20 | (b) Local Government Distributive Fund. Beginning August | ||||||
21 | 1, 2017, the Treasurer shall transfer each month from the | ||||||
22 | General Revenue Fund to the Local Government Distributive Fund | ||||||
23 | an amount equal to the sum of (i) 6.06% (10% of the ratio of | ||||||
24 | the 3% individual income tax rate prior to 2011 to the 4.95% | ||||||
25 | individual income tax rate after July 1, 2017) of the net | ||||||
26 | revenue realized from the tax imposed by subsections (a) and |
| |||||||
| |||||||
1 | (b) of Section 201 of this Act upon individuals, trusts, and | ||||||
2 | estates during the preceding month and (ii) 6.85% (10% of the | ||||||
3 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
4 | the 7% corporate income tax rate after July 1, 2017) of the net | ||||||
5 | revenue realized from the tax imposed by subsections (a) and | ||||||
6 | (b) of Section 201 of this Act upon corporations during the | ||||||
7 | preceding month. Net revenue realized for a month shall be | ||||||
8 | defined as the
revenue from the tax imposed by subsections (a) | ||||||
9 | and (b) of Section 201 of this
Act which is deposited in the | ||||||
10 | General Revenue Fund, the Education Assistance
Fund, the | ||||||
11 | Income Tax Surcharge Local Government Distributive Fund, the | ||||||
12 | Fund for the Advancement of Education, and the Commitment to | ||||||
13 | Human Services Fund during the
month minus the amount paid out | ||||||
14 | of the General Revenue Fund in State warrants
during that same | ||||||
15 | month as refunds to taxpayers for overpayment of liability
| ||||||
16 | under the tax imposed by subsections (a) and (b) of Section 201 | ||||||
17 | of this Act. | ||||||
18 | Notwithstanding any provision of law to the contrary, | ||||||
19 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
20 | 100-23), those amounts required under this subsection (b) to | ||||||
21 | be transferred by the Treasurer into the Local Government | ||||||
22 | Distributive Fund from the General Revenue Fund shall be | ||||||
23 | directly deposited into the Local Government Distributive Fund | ||||||
24 | as the revenue is realized from the tax imposed by subsections | ||||||
25 | (a) and (b) of Section 201 of this Act. | ||||||
26 | For State fiscal year 2020 only, notwithstanding any |
| |||||||
| |||||||
1 | provision of law to the contrary, the total amount of revenue | ||||||
2 | and deposits under this Section attributable to revenues | ||||||
3 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
4 | (c) Deposits Into Income Tax Refund Fund. | ||||||
5 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
6 | Department shall
deposit a percentage of the amounts | ||||||
7 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
8 | (3) of Section 201 of this Act into a fund in the State
| ||||||
9 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
10 | with State fiscal year 1990 and for each fiscal year
| ||||||
11 | thereafter, the percentage deposited into the Income Tax | ||||||
12 | Refund Fund during a
fiscal year shall be the Annual | ||||||
13 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
14 | shall be 8.75%. For fiscal year 2012, the Annual | ||||||
15 | Percentage shall be 8.75%. For fiscal year 2013, the | ||||||
16 | Annual Percentage shall be 9.75%. For fiscal year 2014, | ||||||
17 | the Annual Percentage shall be 9.5%. For fiscal year 2015, | ||||||
18 | the Annual Percentage shall be 10%. For fiscal year 2018, | ||||||
19 | the Annual Percentage shall be 9.8%. For fiscal year 2019, | ||||||
20 | the Annual Percentage shall be 9.7%. For fiscal year 2020, | ||||||
21 | the Annual Percentage shall be 9.5%. For fiscal year 2021, | ||||||
22 | the Annual Percentage shall be 9%. For all other
fiscal | ||||||
23 | years, the
Annual Percentage shall be calculated as a | ||||||
24 | fraction, the numerator of which
shall be the amount of | ||||||
25 | refunds approved for payment by the Department during
the | ||||||
26 | preceding fiscal year as a result of overpayment of tax |
| |||||||
| |||||||
1 | liability under
subsections (a) and (b)(1), (2), and (3) | ||||||
2 | of Section 201 of this Act plus the
amount of such refunds | ||||||
3 | remaining approved but unpaid at the end of the
preceding | ||||||
4 | fiscal year, minus the amounts transferred into the Income | ||||||
5 | Tax
Refund Fund from the Tobacco Settlement Recovery Fund, | ||||||
6 | and
the denominator of which shall be the amounts which | ||||||
7 | will be collected pursuant
to subsections (a) and (b)(1), | ||||||
8 | (2), and (3) of Section 201 of this Act during
the | ||||||
9 | preceding fiscal year; except that in State fiscal year | ||||||
10 | 2002, the Annual
Percentage shall in no event exceed 7.6%. | ||||||
11 | The Director of Revenue shall
certify the Annual | ||||||
12 | Percentage to the Comptroller on the last business day of
| ||||||
13 | the fiscal year immediately preceding the fiscal year for | ||||||
14 | which it is to be
effective. | ||||||
15 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
16 | Department shall
deposit a percentage of the amounts | ||||||
17 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
18 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
19 | the State treasury known as the Income Tax
Refund Fund. | ||||||
20 | Beginning
with State fiscal year 1990 and for each fiscal | ||||||
21 | year thereafter, the
percentage deposited into the Income | ||||||
22 | Tax Refund Fund during a fiscal year
shall be the Annual | ||||||
23 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
24 | shall be 17.5%. For fiscal year 2012, the Annual | ||||||
25 | Percentage shall be 17.5%. For fiscal year 2013, the | ||||||
26 | Annual Percentage shall be 14%. For fiscal year 2014, the |
| |||||||
| |||||||
1 | Annual Percentage shall be 13.4%. For fiscal year 2015, | ||||||
2 | the Annual Percentage shall be 14%. For fiscal year 2018, | ||||||
3 | the Annual Percentage shall be 17.5%. For fiscal year | ||||||
4 | 2019, the Annual Percentage shall be 15.5%. For fiscal | ||||||
5 | year 2020, the Annual Percentage shall be 14.25%. For | ||||||
6 | fiscal year 2021, the Annual Percentage shall be 14%. For | ||||||
7 | all other fiscal years, the Annual
Percentage shall be | ||||||
8 | calculated
as a fraction, the numerator of which shall be | ||||||
9 | the amount of refunds
approved for payment by the | ||||||
10 | Department during the preceding fiscal year as
a result of | ||||||
11 | overpayment of tax liability under subsections (a) and | ||||||
12 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
13 | Act plus the
amount of such refunds remaining approved but | ||||||
14 | unpaid at the end of the
preceding fiscal year, and the | ||||||
15 | denominator of
which shall be the amounts which will be | ||||||
16 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
17 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
18 | preceding fiscal year; except that in State fiscal year | ||||||
19 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
20 | The Director of Revenue shall
certify the Annual | ||||||
21 | Percentage to the Comptroller on the last business day of
| ||||||
22 | the fiscal year immediately preceding the fiscal year for | ||||||
23 | which it is to be
effective. | ||||||
24 | (3) The Comptroller shall order transferred and the | ||||||
25 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
26 | Recovery Fund to the Income Tax Refund
Fund (i) |
| |||||||
| |||||||
1 | $35,000,000 in January, 2001, (ii) $35,000,000 in January, | ||||||
2 | 2002, and
(iii) $35,000,000 in January, 2003. | ||||||
3 | (d) Expenditures from Income Tax Refund Fund. | ||||||
4 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
5 | Refund Fund
shall be expended exclusively for the purpose | ||||||
6 | of paying refunds resulting
from overpayment of tax | ||||||
7 | liability under Section 201 of this Act
and for
making | ||||||
8 | transfers pursuant to this subsection (d). | ||||||
9 | (2) The Director shall order payment of refunds | ||||||
10 | resulting from
overpayment of tax liability under Section | ||||||
11 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
12 | extent that amounts collected pursuant
to Section 201 of | ||||||
13 | this Act and transfers pursuant to this subsection (d)
and | ||||||
14 | item (3) of subsection (c) have been deposited and | ||||||
15 | retained in the
Fund. | ||||||
16 | (3) As soon as possible after the end of each fiscal | ||||||
17 | year, the Director
shall
order transferred and the State | ||||||
18 | Treasurer and State Comptroller shall
transfer from the | ||||||
19 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
20 | Replacement Fund an amount, certified by the Director to | ||||||
21 | the Comptroller,
equal to the excess of the amount | ||||||
22 | collected pursuant to subsections (c) and
(d) of Section | ||||||
23 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
24 | during the fiscal year over the amount of refunds | ||||||
25 | resulting from
overpayment of tax liability under | ||||||
26 | subsections (c) and (d) of Section 201
of this Act paid |
| |||||||
| |||||||
1 | from the Income Tax Refund Fund during the fiscal year. | ||||||
2 | (4) As soon as possible after the end of each fiscal | ||||||
3 | year, the Director shall
order transferred and the State | ||||||
4 | Treasurer and State Comptroller shall
transfer from the | ||||||
5 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
6 | Refund Fund an amount, certified by the Director to the | ||||||
7 | Comptroller, equal
to the excess of the amount of refunds | ||||||
8 | resulting from overpayment of tax
liability under | ||||||
9 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
10 | from the Income Tax Refund Fund during the fiscal year | ||||||
11 | over the amount
collected pursuant to subsections (c) and | ||||||
12 | (d) of Section 201 of this Act
deposited into the Income | ||||||
13 | Tax Refund Fund during the fiscal year. | ||||||
14 | (4.5) As soon as possible after the end of fiscal year | ||||||
15 | 1999 and of each
fiscal year
thereafter, the Director | ||||||
16 | shall order transferred and the State Treasurer and
State | ||||||
17 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
18 | to the General
Revenue Fund any surplus remaining in the | ||||||
19 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
20 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
21 | attributable to transfers under item (3) of subsection (c) | ||||||
22 | less refunds
resulting from the earned income tax credit. | ||||||
23 | (5) This Act shall constitute an irrevocable and | ||||||
24 | continuing
appropriation from the Income Tax Refund Fund | ||||||
25 | for the purpose of paying
refunds upon the order of the | ||||||
26 | Director in accordance with the provisions of
this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (e) Deposits into the Education Assistance Fund and the | ||||||
3 | Income Tax
Surcharge Local Government Distributive Fund. On | ||||||
4 | July 1, 1991, and thereafter, of the amounts collected | ||||||
5 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
6 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
7 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
8 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
9 | January 31, 1993, of the amounts collected pursuant to
| ||||||
10 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
11 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
12 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
13 | Local Government Distributive Fund in the State
Treasury. | ||||||
14 | Beginning February 1, 1993 and continuing through June 30, | ||||||
15 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
16 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
17 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
18 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
19 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
20 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
21 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
22 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
23 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
24 | Local Government Distributive Fund in the State Treasury. | ||||||
25 | (f) Deposits into the Fund for the Advancement of | ||||||
26 | Education. Beginning February 1, 2015, the Department shall |
| |||||||
| |||||||
1 | deposit the following portions of the revenue realized from | ||||||
2 | the tax imposed upon individuals, trusts, and estates by | ||||||
3 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
4 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
5 | Advancement of Education: | ||||||
6 | (1) beginning February 1, 2015, and prior to February | ||||||
7 | 1, 2025, 1/30; and | ||||||
8 | (2) beginning February 1, 2025, 1/26. | ||||||
9 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
10 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
11 | the Department shall not make the deposits required by this | ||||||
12 | subsection (f) on or after the effective date of the | ||||||
13 | reduction. | ||||||
14 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
15 | Beginning February 1, 2015, the Department shall deposit the | ||||||
16 | following portions of the revenue realized from the tax | ||||||
17 | imposed upon individuals, trusts, and estates by subsections | ||||||
18 | (a) and (b) of Section 201 of this Act, minus deposits into the | ||||||
19 | Income Tax Refund Fund, into the Commitment to Human Services | ||||||
20 | Fund: | ||||||
21 | (1) beginning February 1, 2015, and prior to February | ||||||
22 | 1, 2025, 1/30; and | ||||||
23 | (2) beginning February 1, 2025, 1/26. | ||||||
24 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
25 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
26 | the Department shall not make the deposits required by this |
| |||||||
| |||||||
1 | subsection (g) on or after the effective date of the | ||||||
2 | reduction. | ||||||
3 | (h) Deposits into the Tax Compliance and Administration | ||||||
4 | Fund. Beginning on the first day of the first calendar month to | ||||||
5 | occur on or after August 26, 2014 (the effective date of Public | ||||||
6 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
7 | Compliance and Administration Fund, to be used, subject to | ||||||
8 | appropriation, to fund additional auditors and compliance | ||||||
9 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
10 | the cash receipts collected during the preceding fiscal year | ||||||
11 | by the Audit Bureau of the Department from the tax imposed by | ||||||
12 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
13 | net of deposits into the Income Tax Refund Fund made from those | ||||||
14 | cash receipts. | ||||||
15 | (Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17; | ||||||
16 | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | ||||||
17 | 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81, | ||||||
18 | eff. 7-12-19; 101-636, eff. 6-10-20.)
| ||||||
19 | (Text of Section with the changes made by P.A. 101-8, | ||||||
20 | which did not take effect (see Section 99 of P.A. 101-8))
| ||||||
21 | Sec. 901. Collection authority. | ||||||
22 | (a) In general. The Department shall collect the taxes | ||||||
23 | imposed by this Act. The Department
shall collect certified | ||||||
24 | past due child support amounts under Section 2505-650
of the | ||||||
25 | Department of Revenue Law of the
Civil Administrative Code of |
| |||||||
| |||||||
1 | Illinois. Except as
provided in subsections (b), (c), (e), | ||||||
2 | (f), (g), and (h) of this Section, money collected
pursuant to | ||||||
3 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
4 | paid into the General Revenue Fund in the State treasury; | ||||||
5 | money
collected pursuant to subsections (c) and (d) of Section | ||||||
6 | 201 of this Act
shall be paid into the Personal Property Tax | ||||||
7 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
8 | money collected under Section 2505-650 of the
Department of | ||||||
9 | Revenue Law of the
Civil Administrative Code of Illinois shall | ||||||
10 | be paid
into the
Child Support Enforcement Trust Fund, a | ||||||
11 | special fund outside the State
Treasury, or
to the State
| ||||||
12 | Disbursement Unit established under Section 10-26 of the | ||||||
13 | Illinois Public Aid
Code, as directed by the Department of | ||||||
14 | Healthcare and Family Services. | ||||||
15 | (b) Local Government Distributive Fund. Beginning August | ||||||
16 | 1, 2017 and continuing through January 31, 2021 , the Treasurer | ||||||
17 | shall transfer each month from the General Revenue Fund to the | ||||||
18 | Local Government Distributive Fund an amount equal to the sum | ||||||
19 | of (i) 6.06% (10% of the ratio of the 3% individual income tax | ||||||
20 | rate prior to 2011 to the 4.95% individual income tax rate | ||||||
21 | after July 1, 2017) of the net revenue realized from the tax | ||||||
22 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
23 | upon individuals, trusts, and estates during the preceding | ||||||
24 | month and (ii) 6.85% (10% of the ratio of the 4.8% corporate | ||||||
25 | income tax rate prior to 2011 to the 7% corporate income tax | ||||||
26 | rate after July 1, 2017) of the net revenue realized from the |
| |||||||
| |||||||
1 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
2 | Act upon corporations during the preceding month. Beginning | ||||||
3 | February 1, 2021, the Treasurer shall transfer each month from | ||||||
4 | the General Revenue Fund to the Local Government Distributive | ||||||
5 | Fund an amount equal to the sum of (i) 5.32% of the net revenue | ||||||
6 | realized from the tax imposed by subsections (a) and (b) of | ||||||
7 | Section 201 of this Act upon individuals, trusts, and estates | ||||||
8 | during the preceding month and (ii) 6.16% of the net revenue | ||||||
9 | realized from the tax imposed by subsections (a) and (b) of | ||||||
10 | Section 201 of this Act upon corporations during the preceding | ||||||
11 | month. Net revenue realized for a month shall be defined as the
| ||||||
12 | revenue from the tax imposed by subsections (a) and (b) of | ||||||
13 | Section 201 of this
Act which is deposited in the General | ||||||
14 | Revenue Fund, the Education Assistance
Fund, the Income Tax | ||||||
15 | Surcharge Local Government Distributive Fund, the Fund for the | ||||||
16 | Advancement of Education, and the Commitment to Human Services | ||||||
17 | Fund during the
month minus the amount paid out of the General | ||||||
18 | Revenue Fund in State warrants
during that same month as | ||||||
19 | refunds to taxpayers for overpayment of liability
under the | ||||||
20 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
21 | Act. | ||||||
22 | Notwithstanding any provision of law to the contrary, | ||||||
23 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
24 | 100-23), those amounts required under this subsection (b) to | ||||||
25 | be transferred by the Treasurer into the Local Government | ||||||
26 | Distributive Fund from the General Revenue Fund shall be |
| |||||||
| |||||||
1 | directly deposited into the Local Government Distributive Fund | ||||||
2 | as the revenue is realized from the tax imposed by subsections | ||||||
3 | (a) and (b) of Section 201 of this Act. | ||||||
4 | For State fiscal year 2020 only, notwithstanding any | ||||||
5 | provision of law to the contrary, the total amount of revenue | ||||||
6 | and deposits under this Section attributable to revenues | ||||||
7 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
8 | (c) Deposits Into Income Tax Refund Fund. | ||||||
9 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
10 | Department shall
deposit a percentage of the amounts | ||||||
11 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
12 | (3) of Section 201 of this Act into a fund in the State
| ||||||
13 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
14 | with State fiscal year 1990 and for each fiscal year
| ||||||
15 | thereafter, the percentage deposited into the Income Tax | ||||||
16 | Refund Fund during a
fiscal year shall be the Annual | ||||||
17 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
18 | shall be 8.75%. For fiscal year 2012, the Annual | ||||||
19 | Percentage shall be 8.75%. For fiscal year 2013, the | ||||||
20 | Annual Percentage shall be 9.75%. For fiscal year 2014, | ||||||
21 | the Annual Percentage shall be 9.5%. For fiscal year 2015, | ||||||
22 | the Annual Percentage shall be 10%. For fiscal year 2018, | ||||||
23 | the Annual Percentage shall be 9.8%. For fiscal year 2019, | ||||||
24 | the Annual Percentage shall be 9.7%. For fiscal year 2020, | ||||||
25 | the Annual Percentage shall be 9.5%. For fiscal year 2021, | ||||||
26 | the Annual Percentage shall be 9%. For all other
fiscal |
| |||||||
| |||||||
1 | years, the
Annual Percentage shall be calculated as a | ||||||
2 | fraction, the numerator of which
shall be the amount of | ||||||
3 | refunds approved for payment by the Department during
the | ||||||
4 | preceding fiscal year as a result of overpayment of tax | ||||||
5 | liability under
subsections (a) and (b)(1), (2), and (3) | ||||||
6 | of Section 201 of this Act plus the
amount of such refunds | ||||||
7 | remaining approved but unpaid at the end of the
preceding | ||||||
8 | fiscal year, minus the amounts transferred into the Income | ||||||
9 | Tax
Refund Fund from the Tobacco Settlement Recovery Fund, | ||||||
10 | and
the denominator of which shall be the amounts which | ||||||
11 | will be collected pursuant
to subsections (a) and (b)(1), | ||||||
12 | (2), and (3) of Section 201 of this Act during
the | ||||||
13 | preceding fiscal year; except that in State fiscal year | ||||||
14 | 2002, the Annual
Percentage shall in no event exceed 7.6%. | ||||||
15 | The Director of Revenue shall
certify the Annual | ||||||
16 | Percentage to the Comptroller on the last business day of
| ||||||
17 | the fiscal year immediately preceding the fiscal year for | ||||||
18 | which it is to be
effective. | ||||||
19 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
20 | Department shall
deposit a percentage of the amounts | ||||||
21 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
22 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
23 | the State treasury known as the Income Tax
Refund Fund. | ||||||
24 | Beginning
with State fiscal year 1990 and for each fiscal | ||||||
25 | year thereafter, the
percentage deposited into the Income | ||||||
26 | Tax Refund Fund during a fiscal year
shall be the Annual |
| |||||||
| |||||||
1 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
2 | shall be 17.5%. For fiscal year 2012, the Annual | ||||||
3 | Percentage shall be 17.5%. For fiscal year 2013, the | ||||||
4 | Annual Percentage shall be 14%. For fiscal year 2014, the | ||||||
5 | Annual Percentage shall be 13.4%. For fiscal year 2015, | ||||||
6 | the Annual Percentage shall be 14%. For fiscal year 2018, | ||||||
7 | the Annual Percentage shall be 17.5%. For fiscal year | ||||||
8 | 2019, the Annual Percentage shall be 15.5%. For fiscal | ||||||
9 | year 2020, the Annual Percentage shall be 14.25%. For | ||||||
10 | fiscal year 2021, the Annual Percentage shall be 14%. For | ||||||
11 | all other fiscal years, the Annual
Percentage shall be | ||||||
12 | calculated
as a fraction, the numerator of which shall be | ||||||
13 | the amount of refunds
approved for payment by the | ||||||
14 | Department during the preceding fiscal year as
a result of | ||||||
15 | overpayment of tax liability under subsections (a) and | ||||||
16 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
17 | Act plus the
amount of such refunds remaining approved but | ||||||
18 | unpaid at the end of the
preceding fiscal year, and the | ||||||
19 | denominator of
which shall be the amounts which will be | ||||||
20 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
21 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
22 | preceding fiscal year; except that in State fiscal year | ||||||
23 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
24 | The Director of Revenue shall
certify the Annual | ||||||
25 | Percentage to the Comptroller on the last business day of
| ||||||
26 | the fiscal year immediately preceding the fiscal year for |
| |||||||
| |||||||
1 | which it is to be
effective. | ||||||
2 | (3) The Comptroller shall order transferred and the | ||||||
3 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
4 | Recovery Fund to the Income Tax Refund
Fund (i) | ||||||
5 | $35,000,000 in January, 2001, (ii) $35,000,000 in January, | ||||||
6 | 2002, and
(iii) $35,000,000 in January, 2003. | ||||||
7 | (d) Expenditures from Income Tax Refund Fund. | ||||||
8 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
9 | Refund Fund
shall be expended exclusively for the purpose | ||||||
10 | of paying refunds resulting
from overpayment of tax | ||||||
11 | liability under Section 201 of this Act
and for
making | ||||||
12 | transfers pursuant to this subsection (d). | ||||||
13 | (2) The Director shall order payment of refunds | ||||||
14 | resulting from
overpayment of tax liability under Section | ||||||
15 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
16 | extent that amounts collected pursuant
to Section 201 of | ||||||
17 | this Act and transfers pursuant to this subsection (d)
and | ||||||
18 | item (3) of subsection (c) have been deposited and | ||||||
19 | retained in the
Fund. | ||||||
20 | (3) As soon as possible after the end of each fiscal | ||||||
21 | year, the Director
shall
order transferred and the State | ||||||
22 | Treasurer and State Comptroller shall
transfer from the | ||||||
23 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
24 | Replacement Fund an amount, certified by the Director to | ||||||
25 | the Comptroller,
equal to the excess of the amount | ||||||
26 | collected pursuant to subsections (c) and
(d) of Section |
| |||||||
| |||||||
1 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
2 | during the fiscal year over the amount of refunds | ||||||
3 | resulting from
overpayment of tax liability under | ||||||
4 | subsections (c) and (d) of Section 201
of this Act paid | ||||||
5 | from the Income Tax Refund Fund during the fiscal year. | ||||||
6 | (4) As soon as possible after the end of each fiscal | ||||||
7 | year, the Director shall
order transferred and the State | ||||||
8 | Treasurer and State Comptroller shall
transfer from the | ||||||
9 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
10 | Refund Fund an amount, certified by the Director to the | ||||||
11 | Comptroller, equal
to the excess of the amount of refunds | ||||||
12 | resulting from overpayment of tax
liability under | ||||||
13 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
14 | from the Income Tax Refund Fund during the fiscal year | ||||||
15 | over the amount
collected pursuant to subsections (c) and | ||||||
16 | (d) of Section 201 of this Act
deposited into the Income | ||||||
17 | Tax Refund Fund during the fiscal year. | ||||||
18 | (4.5) As soon as possible after the end of fiscal year | ||||||
19 | 1999 and of each
fiscal year
thereafter, the Director | ||||||
20 | shall order transferred and the State Treasurer and
State | ||||||
21 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
22 | to the General
Revenue Fund any surplus remaining in the | ||||||
23 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
24 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
25 | attributable to transfers under item (3) of subsection (c) | ||||||
26 | less refunds
resulting from the earned income tax credit. |
| |||||||
| |||||||
1 | (5) This Act shall constitute an irrevocable and | ||||||
2 | continuing
appropriation from the Income Tax Refund Fund | ||||||
3 | for the purpose of paying
refunds upon the order of the | ||||||
4 | Director in accordance with the provisions of
this | ||||||
5 | Section. | ||||||
6 | (e) Deposits into the Education Assistance Fund and the | ||||||
7 | Income Tax
Surcharge Local Government Distributive Fund. On | ||||||
8 | July 1, 1991, and thereafter, of the amounts collected | ||||||
9 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
10 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
11 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
12 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
13 | January 31, 1993, of the amounts collected pursuant to
| ||||||
14 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
15 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
16 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
17 | Local Government Distributive Fund in the State
Treasury. | ||||||
18 | Beginning February 1, 1993 and continuing through June 30, | ||||||
19 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
20 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
21 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
22 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
23 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
24 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
25 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
26 | Act, minus deposits into the Income Tax
Refund Fund, the |
| |||||||
| |||||||
1 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
2 | Local Government Distributive Fund in the State Treasury. | ||||||
3 | (f) Deposits into the Fund for the Advancement of | ||||||
4 | Education. Beginning February 1, 2015, the Department shall | ||||||
5 | deposit the following portions of the revenue realized from | ||||||
6 | the tax imposed upon individuals, trusts, and estates by | ||||||
7 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
8 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
9 | Advancement of Education: | ||||||
10 | (1) beginning February 1, 2015, and prior to February | ||||||
11 | 1, 2025, 1/30; and | ||||||
12 | (2) beginning February 1, 2025, 1/26. | ||||||
13 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
14 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
15 | the Department shall not make the deposits required by this | ||||||
16 | subsection (f) on or after the effective date of the | ||||||
17 | reduction. | ||||||
18 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
19 | Beginning February 1, 2015, the Department shall deposit the | ||||||
20 | following portions of the revenue realized from the tax | ||||||
21 | imposed upon individuals, trusts, and estates by subsections | ||||||
22 | (a) and (b) of Section 201 of this Act, minus deposits into the | ||||||
23 | Income Tax Refund Fund, into the Commitment to Human Services | ||||||
24 | Fund: | ||||||
25 | (1) beginning February 1, 2015, and prior to February | ||||||
26 | 1, 2025, 1/30; and |
| |||||||
| |||||||
1 | (2) beginning February 1, 2025, 1/26. | ||||||
2 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
3 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
4 | the Department shall not make the deposits required by this | ||||||
5 | subsection (g) on or after the effective date of the | ||||||
6 | reduction. | ||||||
7 | (h) Deposits into the Tax Compliance and Administration | ||||||
8 | Fund. Beginning on the first day of the first calendar month to | ||||||
9 | occur on or after August 26, 2014 (the effective date of Public | ||||||
10 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
11 | Compliance and Administration Fund, to be used, subject to | ||||||
12 | appropriation, to fund additional auditors and compliance | ||||||
13 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
14 | the cash receipts collected during the preceding fiscal year | ||||||
15 | by the Audit Bureau of the Department from the tax imposed by | ||||||
16 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
17 | net of deposits into the Income Tax Refund Fund made from those | ||||||
18 | cash receipts. | ||||||
19 | (Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17; | ||||||
20 | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | ||||||
21 | 8-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for | ||||||
22 | effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
23 | 101-636, eff. 6-10-20 .)
| ||||||
24 | (35 ILCS 5/201.1 rep.) | ||||||
25 | (35 ILCS 5/229 rep.) |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | Section 880. The Illinois Income Tax Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | repealing Section 201.1 and Section 229 as added by Public Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 101-8.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | becoming law.
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