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Public Act 099-0143
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HB4049 Enrolled | LRB099 03667 KTG 23678 b |
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AN ACT concerning persons with disabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Rule of construction. This Act shall be |
construed to make amendments to provisions of State law to |
substitute the term "persons with physical disabilities" for |
"the physically handicapped" or "the physically disabled"; |
"persons with disabilities" for "the handicapped" or |
"handicapped persons" or "handicapped individuals" or "the |
disabled" or "disabled persons" or "disabled individuals"; |
"persons with developmental disabilities" for "the |
developmentally disabled" or "developmentally disabled |
persons" or "developmentally disabled individuals"; "permanent |
disability" for "permanently disabled"; "total disability" for |
"totally disabled"; "total and permanent disability" for |
"totally and permanently disabled"; "temporary total |
disability" for "temporarily totally disabled"; "permanent |
total disability" for "permanently totally disabled"; and |
"disabling condition", as appropriate, for "handicapping |
condition" without any intent to change the substantive rights, |
responsibilities, coverage, eligibility, or definitions |
referred to in the amended provisions represented in this Act.
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Section 5. The Statute on Statutes is amended by changing |
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Sections 1.37 and 1.38 and by adding Sections 1.40, 1.41, and |
1.42 as follows:
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(5 ILCS 70/1.37) |
Sec. 1.37. Intellectual disability. Except where the |
context indicates otherwise, in any rule, contract, or other |
document a reference to the term "mental retardation" shall be |
considered a reference to the term "intellectual disability" |
and a reference to a the term " mentally retarded person or a |
similar reference " shall be considered a reference to a person |
with an intellectual disability the term "intellectually |
disabled" . The use of either "mental retardation" or |
"intellectually disabled", or "mentally retarded" or " person |
with an intellectual disability intellectually disabled " shall |
not invalidate any rule, contract, or other document.
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(Source: P.A. 97-227, eff. 1-1-12.)
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(5 ILCS 70/1.38) |
Sec. 1.38. Physical disability. Except where the context |
indicates otherwise, in any rule, contract, or other document a |
reference to a the term " crippled person or a similar reference |
" shall be considered a reference to a person with a physical |
disability the term "physically disabled" and a reference to |
the term "crippling" shall be considered a reference to the |
term "physical disability" or "physically disabling", as |
appropriate, when referring to a person. The use of either |
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"crippled" or "physically disabled", or "crippling" or |
"physical disability" shall not invalidate any rule, contract, |
or other document.
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(Source: P.A. 97-227, eff. 1-1-12.)
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(5 ILCS 70/1.40 new) |
Sec. 1.40. Persons with disabilities. Except where the |
context indicates otherwise, in any rule, contract, or other |
document a reference to the term "the physically handicapped" |
or "the physically disabled" shall be considered a reference to |
the term "persons with physical disabilities"; and a reference |
to the term "the handicapped" or "handicapped persons" or |
"handicapped individuals" or "the disabled" or "disabled |
persons" or "disabled individuals" shall be considered a |
reference to the term "persons with disabilities"; and a |
reference to the term "handicapping condition" shall be |
considered a reference to the term "disabling condition". The |
use of either "the physically handicapped" or "the physically |
disabled" or "persons with physical disabilities", or "the |
handicapped" or "handicapped persons" or "handicapped |
individuals" or "the disabled" or "disabled persons" or |
"disabled individuals" or "persons with disabilities" or |
"handicapping condition" or "disabling condition" shall not |
invalidate any rule, contract, or other document.
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(5 ILCS 70/1.41 new) |
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Sec. 1.41. Permanent disability; total disability. Except |
where the context indicates otherwise, in any rule, contract, |
or other document a reference to a permanently disabled person |
or a similar reference shall be considered a reference to a |
person with a permanent disability; and a reference to a |
totally disabled person or a similar reference shall be |
considered a reference to a person with a total disability; and |
a reference to a permanently and totally disabled person or a |
similar reference shall be considered a reference to a person |
with a permanent and total disability; and a reference to a |
totally and permanently disabled person or a similar reference |
shall be considered a reference to a person with a total and |
permanent disability; and a reference to a permanently totally |
disabled person or a similar reference shall be considered a |
reference to a person with a permanent total disability; and a |
reference to a temporarily totally disabled person or a similar |
reference shall be considered a reference to a person with a |
temporary total disability. The use of either "permanently |
disabled" or "permanent disability" or "totally disabled" or |
"total disability" or "permanently and totally disabled" or |
"permanent and total disability" or "totally and permanently |
disabled" or "total and permanent disability" or "permanently |
totally disabled" or "permanent total disability" or |
"temporarily totally disabled" or "temporary total disability" |
shall not invalidate any rule, contract, or other document.
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(5 ILCS 70/1.42 new) |
Sec. 1.42. Developmental disability. Except where the |
context indicates otherwise, in any rule, contract, or other |
document a reference to a developmentally disabled person or a |
similar reference shall be considered a reference to a person |
with a developmental disability and a reference to the |
developmentally disabled or a similar reference shall be |
considered a reference to persons with developmental |
disabilities. The use of either "developmentally disabled" or |
"developmental disability" or "the developmentally disabled" |
or "persons with developmental disabilities" shall not |
invalidate any rule, contract, or other document.
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Section 10. The Illinois Administrative Procedure Act is |
amended by changing Sections 5-45, 5-146, and 5-147 and by |
adding Section 5-148 as follows:
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(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
Sec. 5-45. Emergency rulemaking. |
(a) "Emergency" means the existence of any situation that |
any agency
finds reasonably constitutes a threat to the public |
interest, safety, or
welfare. |
(b) If any agency finds that an
emergency exists that |
requires adoption of a rule upon fewer days than
is required by |
Section 5-40 and states in writing its reasons for that
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finding, the agency may adopt an emergency rule without prior |
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notice or
hearing upon filing a notice of emergency rulemaking |
with the Secretary of
State under Section 5-70. The notice |
shall include the text of the
emergency rule and shall be |
published in the Illinois Register. Consent
orders or other |
court orders adopting settlements negotiated by an agency
may |
be adopted under this Section. Subject to applicable |
constitutional or
statutory provisions, an emergency rule |
becomes effective immediately upon
filing under Section 5-65 or |
at a stated date less than 10 days
thereafter. The agency's |
finding and a statement of the specific reasons
for the finding |
shall be filed with the rule. The agency shall take
reasonable |
and appropriate measures to make emergency rules known to the
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persons who may be affected by them. |
(c) An emergency rule may be effective for a period of not |
longer than
150 days, but the agency's authority to adopt an |
identical rule under Section
5-40 is not precluded. No |
emergency rule may be adopted more
than once in any 24 month |
period, except that this limitation on the number
of emergency |
rules that may be adopted in a 24 month period does not apply
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to (i) emergency rules that make additions to and deletions |
from the Drug
Manual under Section 5-5.16 of the Illinois |
Public Aid Code or the
generic drug formulary under Section |
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
emergency rules adopted by the Pollution Control
Board before |
July 1, 1997 to implement portions of the Livestock Management
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Facilities Act, (iii) emergency rules adopted by the Illinois |
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Department of Public Health under subsections (a) through (i) |
of Section 2 of the Department of Public Health Act when |
necessary to protect the public's health, (iv) emergency rules |
adopted pursuant to subsection (n) of this Section, (v) |
emergency rules adopted pursuant to subsection (o) of this |
Section, or (vi) emergency rules adopted pursuant to subsection |
(c-5) of this Section. Two or more emergency rules having |
substantially the same
purpose and effect shall be deemed to be |
a single rule for purposes of this
Section. |
(c-5) To facilitate the maintenance of the program of group |
health benefits provided to annuitants, survivors, and retired |
employees under the State Employees Group Insurance Act of |
1971, rules to alter the contributions to be paid by the State, |
annuitants, survivors, retired employees, or any combination |
of those entities, for that program of group health benefits, |
shall be adopted as emergency rules. The adoption of those |
rules shall be considered an emergency and necessary for the |
public interest, safety, and welfare. |
(d) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 1999 budget, |
emergency rules to implement any
provision of Public Act 90-587 |
or 90-588
or any other budget initiative for fiscal year 1999 |
may be adopted in
accordance with this Section by the agency |
charged with administering that
provision or initiative, |
except that the 24-month limitation on the adoption
of |
emergency rules and the provisions of Sections 5-115 and 5-125 |
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do not apply
to rules adopted under this subsection (d). The |
adoption of emergency rules
authorized by this subsection (d) |
shall be deemed to be necessary for the
public interest, |
safety, and welfare. |
(e) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2000 budget, |
emergency rules to implement any
provision of this amendatory |
Act of the 91st General Assembly
or any other budget initiative |
for fiscal year 2000 may be adopted in
accordance with this |
Section by the agency charged with administering that
provision |
or initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (e). The adoption of emergency rules
authorized by |
this subsection (e) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
(f) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2001 budget, |
emergency rules to implement any
provision of this amendatory |
Act of the 91st General Assembly
or any other budget initiative |
for fiscal year 2001 may be adopted in
accordance with this |
Section by the agency charged with administering that
provision |
or initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (f). The adoption of emergency rules
authorized by |
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this subsection (f) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
(g) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2002 budget, |
emergency rules to implement any
provision of this amendatory |
Act of the 92nd General Assembly
or any other budget initiative |
for fiscal year 2002 may be adopted in
accordance with this |
Section by the agency charged with administering that
provision |
or initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (g). The adoption of emergency rules
authorized by |
this subsection (g) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
(h) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2003 budget, |
emergency rules to implement any
provision of this amendatory |
Act of the 92nd General Assembly
or any other budget initiative |
for fiscal year 2003 may be adopted in
accordance with this |
Section by the agency charged with administering that
provision |
or initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (h). The adoption of emergency rules
authorized by |
this subsection (h) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
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(i) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2004 budget, |
emergency rules to implement any
provision of this amendatory |
Act of the 93rd General Assembly
or any other budget initiative |
for fiscal year 2004 may be adopted in
accordance with this |
Section by the agency charged with administering that
provision |
or initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (i). The adoption of emergency rules
authorized by |
this subsection (i) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
(j) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2005 budget as provided under the Fiscal Year 2005 Budget |
Implementation (Human Services) Act, emergency rules to |
implement any provision of the Fiscal Year 2005 Budget |
Implementation (Human Services) Act may be adopted in |
accordance with this Section by the agency charged with |
administering that provision, except that the 24-month |
limitation on the adoption of emergency rules and the |
provisions of Sections 5-115 and 5-125 do not apply to rules |
adopted under this subsection (j). The Department of Public Aid |
may also adopt rules under this subsection (j) necessary to |
administer the Illinois Public Aid Code and the Children's |
Health Insurance Program Act. The adoption of emergency rules |
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authorized by this subsection (j) shall be deemed to be |
necessary for the public interest, safety, and welfare.
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(k) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2006 budget, emergency rules to implement any provision of this |
amendatory Act of the 94th General Assembly or any other budget |
initiative for fiscal year 2006 may be adopted in accordance |
with this Section by the agency charged with administering that |
provision or initiative, except that the 24-month limitation on |
the adoption of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply to rules adopted under this |
subsection (k). The Department of Healthcare and Family |
Services may also adopt rules under this subsection (k) |
necessary to administer the Illinois Public Aid Code, the |
Senior Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act, the Senior Citizens and Disabled |
Persons Prescription Drug Discount Program Act (now the |
Illinois Prescription Drug Discount Program Act), and the |
Children's Health Insurance Program Act. The adoption of |
emergency rules authorized by this subsection (k) shall be |
deemed to be necessary for the public interest, safety, and |
welfare.
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(l) In order to provide for the expeditious and timely |
implementation of the provisions of the
State's fiscal year |
2007 budget, the Department of Healthcare and Family Services |
may adopt emergency rules during fiscal year 2007, including |
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rules effective July 1, 2007, in
accordance with this |
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to |
the State plans and Illinois waivers approved by the federal |
Centers for Medicare and Medicaid Services necessitated by the |
requirements of Title XIX and Title XXI of the federal Social |
Security Act. The adoption of emergency rules
authorized by |
this subsection (l) shall be deemed to be necessary for the |
public interest,
safety, and welfare.
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(m) In order to provide for the expeditious and timely |
implementation of the provisions of the
State's fiscal year |
2008 budget, the Department of Healthcare and Family Services |
may adopt emergency rules during fiscal year 2008, including |
rules effective July 1, 2008, in
accordance with this |
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to |
the State plans and Illinois waivers approved by the federal |
Centers for Medicare and Medicaid Services necessitated by the |
requirements of Title XIX and Title XXI of the federal Social |
Security Act. The adoption of emergency rules
authorized by |
this subsection (m) shall be deemed to be necessary for the |
public interest,
safety, and welfare.
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(n) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2010 budget, emergency rules to implement any provision of this |
amendatory Act of the 96th General Assembly or any other budget |
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initiative authorized by the 96th General Assembly for fiscal |
year 2010 may be adopted in accordance with this Section by the |
agency charged with administering that provision or |
initiative. The adoption of emergency rules authorized by this |
subsection (n) shall be deemed to be necessary for the public |
interest, safety, and welfare. The rulemaking authority |
granted in this subsection (n) shall apply only to rules |
promulgated during Fiscal Year 2010. |
(o) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2011 budget, emergency rules to implement any provision of this |
amendatory Act of the 96th General Assembly or any other budget |
initiative authorized by the 96th General Assembly for fiscal |
year 2011 may be adopted in accordance with this Section by the |
agency charged with administering that provision or |
initiative. The adoption of emergency rules authorized by this |
subsection (o) is deemed to be necessary for the public |
interest, safety, and welfare. The rulemaking authority |
granted in this subsection (o) applies only to rules |
promulgated on or after the effective date of this amendatory |
Act of the 96th General Assembly through June 30, 2011. |
(p) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 97-689, |
emergency rules to implement any provision of Public Act 97-689 |
may be adopted in accordance with this subsection (p) by the |
agency charged with administering that provision or |
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initiative. The 150-day limitation of the effective period of |
emergency rules does not apply to rules adopted under this |
subsection (p), and the effective period may continue through |
June 30, 2013. The 24-month limitation on the adoption of |
emergency rules does not apply to rules adopted under this |
subsection (p). The adoption of emergency rules authorized by |
this subsection (p) is deemed to be necessary for the public |
interest, safety, and welfare. |
(q) In order to provide for the expeditious and timely |
implementation of the provisions of Articles 7, 8, 9, 11, and |
12 of this amendatory Act of the 98th General Assembly, |
emergency rules to implement any provision of Articles 7, 8, 9, |
11, and 12 of this amendatory Act of the 98th General Assembly |
may be adopted in accordance with this subsection (q) by the |
agency charged with administering that provision or |
initiative. The 24-month limitation on the adoption of |
emergency rules does not apply to rules adopted under this |
subsection (q). The adoption of emergency rules authorized by |
this subsection (q) is deemed to be necessary for the public |
interest, safety, and welfare. |
(r) In order to provide for the expeditious and timely |
implementation of the provisions of this amendatory Act of the |
98th General Assembly, emergency rules to implement this |
amendatory Act of the 98th General Assembly may be adopted in |
accordance with this subsection (r) by the Department of |
Healthcare and Family Services. The 24-month limitation on the |
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adoption of emergency rules does not apply to rules adopted |
under this subsection (r). The adoption of emergency rules |
authorized by this subsection (r) is deemed to be necessary for |
the public interest, safety, and welfare. |
(Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12; |
98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. |
6-16-14.)
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(5 ILCS 100/5-146) |
Sec. 5-146. Rule change; intellectual disability. Any |
State agency with a rule that contains a reference to a the |
term " mentally retarded person or similar reference shall amend |
the text of the rule to contain a reference to a person with an |
intellectual disability. Any State agency with a rule that |
contains the term " or "mental retardation" shall amend the |
text of the rule to substitute the term "intellectually |
disabled" for "mentally retarded" and "intellectual |
disability" for "mental retardation", and shall make any other |
changes that may be necessary to conform to the changes made by |
this amendatory Act of the 97th General Assembly.
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(Source: P.A. 97-227, eff. 1-1-12.)
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(5 ILCS 100/5-147) |
Sec. 5-147. Rule change; physical disability. Any State |
agency with a rule that contains a reference to a the term |
" crippled person or similar reference shall amend the text of |
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the rule to contain a reference to a person with a physical |
disability. Any State agency with a rule that contains the term |
" or "crippling" to refer to a person with a physical |
disability shall amend the text of the rule to substitute the |
term "physically disabled" for "crippled" and "physical |
disability" or "physically disabling", as appropriate, for |
"crippling", and shall make any other changes that may be |
necessary to conform to the changes made by this amendatory Act |
of the 97th General Assembly.
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(Source: P.A. 97-227, eff. 1-1-12.)
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(5 ILCS 100/5-148 new) |
Sec. 5-148. Rule change; persons with a disability. Any |
State agency with a rule that contains the term "the physically |
handicapped" or "the handicapped" or "handicapped persons" or |
"handicapped individuals" or "handicapping condition" shall |
amend the text of the rule to substitute the term "persons with |
physical disabilities" for "the physically handicapped" and |
"persons with disabilities" for "the handicapped" or |
"handicapped persons" or "handicapped individuals" and |
"disabling condition", as appropriate, for "handicapping |
condition", and shall make any other changes that may be |
necessary to conform to the changes made by this amendatory Act |
of the 99th General Assembly.
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Section 15. The Illinois Public Labor Relations Act is |
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amended by changing Section 3 as follows:
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(5 ILCS 315/3) (from Ch. 48, par. 1603)
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Sec. 3. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(a) "Board" means the Illinois
Labor Relations Board or, |
with respect to a matter over which the
jurisdiction of the |
Board is assigned to the State Panel or the Local Panel
under |
Section 5, the panel having jurisdiction over the matter.
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(b) "Collective bargaining" means bargaining over terms |
and conditions
of employment, including hours, wages, and other |
conditions of employment,
as detailed in Section 7 and which |
are not excluded by Section 4.
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(c) "Confidential employee" means an employee who, in the |
regular course
of his or her duties, assists and acts in a |
confidential capacity to persons
who formulate, determine, and |
effectuate management policies with regard
to labor relations |
or who, in the regular course of his or her duties, has
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authorized access to information relating to the effectuation
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or review of the employer's collective bargaining policies.
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(d) "Craft employees" means skilled journeymen, crafts |
persons, and their
apprentices and helpers.
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(e) "Essential services employees" means those public |
employees
performing functions so essential that the |
interruption or termination of
the function will constitute a |
clear and present danger to the health and
safety of the |
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persons in the affected community.
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(f) "Exclusive representative", except with respect to |
non-State fire
fighters and paramedics employed by fire |
departments and fire protection
districts, non-State peace |
officers, and peace officers in the
Department of State Police, |
means the labor organization that has
been (i) designated by |
the Board as the representative of a majority of public
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employees in an appropriate bargaining unit in accordance with |
the procedures
contained in this Act, (ii) historically
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recognized by the State of Illinois or
any political |
subdivision of the State before July 1, 1984
(the effective |
date of this
Act) as the exclusive representative of the |
employees in an appropriate
bargaining unit, (iii) after July |
1, 1984 (the
effective date of this Act) recognized by an
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employer upon evidence, acceptable to the Board, that the labor
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organization has been designated as the exclusive |
representative by a
majority of the employees in an appropriate |
bargaining unit;
(iv) recognized as the exclusive |
representative of personal
assistants under Executive Order |
2003-8 prior to the effective date of this
amendatory
Act of |
the 93rd General Assembly, and the organization shall be |
considered to
be the
exclusive representative of the personal |
assistants
as defined
in this Section; or (v) recognized as the |
exclusive representative of child and day care home providers, |
including licensed and license exempt providers, pursuant to an |
election held under Executive Order 2005-1 prior to the |
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effective date of this amendatory Act of the 94th General |
Assembly, and the organization shall be considered to be the |
exclusive representative of the child and day care home |
providers as defined in this Section.
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With respect to non-State fire fighters and paramedics |
employed by fire
departments and fire protection districts, |
non-State peace officers, and
peace officers in the Department |
of State Police,
"exclusive representative" means the labor |
organization that has
been (i) designated by the Board as the |
representative of a majority of peace
officers or fire fighters |
in an appropriate bargaining unit in accordance
with the |
procedures contained in this Act, (ii)
historically recognized
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by the State of Illinois or any political subdivision of the |
State before
January 1, 1986 (the effective date of this |
amendatory Act of 1985) as the exclusive
representative by a |
majority of the peace officers or fire fighters in an
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appropriate bargaining unit, or (iii) after January 1,
1986 |
(the effective date of this amendatory
Act of 1985) recognized |
by an employer upon evidence, acceptable to the
Board, that the |
labor organization has been designated as the exclusive
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representative by a majority of the peace officers or fire |
fighters in an
appropriate bargaining unit.
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Where a historical pattern of representation exists for the |
workers of a water system that was owned by a public utility, |
as defined in Section 3-105 of the Public Utilities Act, prior |
to becoming certified employees of a municipality or |
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municipalities once the municipality or municipalities have |
acquired the water system as authorized in Section 11-124-5 of |
the Illinois Municipal Code, the Board shall find the labor |
organization that has historically represented the workers to |
be the exclusive representative under this Act, and shall find |
the unit represented by the exclusive representative to be the |
appropriate unit. |
(g) "Fair share agreement" means an agreement between the |
employer and
an employee organization under which all or any of |
the employees in a
collective bargaining unit are required to |
pay their proportionate share of
the costs of the collective |
bargaining process, contract administration, and
pursuing |
matters affecting wages, hours, and other conditions of |
employment,
but not to exceed the amount of dues uniformly |
required of members. The
amount certified by the exclusive |
representative shall not include any fees
for contributions |
related to the election or support of any candidate for
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political office. Nothing in this subsection (g) shall
preclude |
an employee from making
voluntary political contributions in |
conjunction with his or her fair share
payment.
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(g-1) "Fire fighter" means, for the purposes of this Act |
only, any
person who has been or is hereafter appointed to a |
fire department or fire
protection district or employed by a |
state university and sworn or
commissioned to perform fire |
fighter duties or paramedic duties, except that the
following |
persons are not included: part-time fire fighters,
auxiliary, |
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reserve or voluntary fire fighters, including paid on-call fire
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fighters, clerks and dispatchers or other civilian employees of |
a fire
department or fire protection district who are not |
routinely expected to
perform fire fighter duties, or elected |
officials.
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(g-2) "General Assembly of the State of Illinois" means the
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legislative branch of the government of the State of Illinois, |
as provided
for under Article IV of the Constitution of the |
State of Illinois, and
includes but is not limited to the House |
of Representatives, the Senate,
the Speaker of the House of |
Representatives, the Minority Leader of the
House of |
Representatives, the President of the Senate, the Minority |
Leader
of the Senate, the Joint Committee on Legislative |
Support Services and any
legislative support services agency |
listed in the Legislative Commission
Reorganization Act of |
1984.
|
(h) "Governing body" means, in the case of the State, the |
State Panel of
the Illinois Labor Relations Board, the Director |
of the Department of Central
Management Services, and the |
Director of the Department of Labor; the county
board in the |
case of a county; the corporate authorities in the case of a
|
municipality; and the appropriate body authorized to provide |
for expenditures
of its funds in the case of any other unit of |
government.
|
(i) "Labor organization" means any organization in which |
public employees
participate and that exists for the purpose, |
|
in whole or in part, of dealing
with a public employer |
concerning wages, hours, and other terms and conditions
of |
employment, including the settlement of grievances.
|
(i-5) "Legislative liaison" means a person who is an |
employee of a State agency, the Attorney General, the Secretary |
of State, the Comptroller, or the Treasurer, as the case may |
be, and whose job duties require the person to regularly |
communicate in the course of his or her employment with any |
official or staff of the General Assembly of the State of |
Illinois for the purpose of influencing any legislative action. |
(j) "Managerial employee" means an individual who is |
engaged
predominantly in executive and management functions |
and is charged with the
responsibility of directing the |
effectuation of management policies
and practices. With |
respect only to State employees in positions under the |
jurisdiction of the Attorney General, Secretary of State, |
Comptroller, or Treasurer (i) that were certified in a |
bargaining unit on or after December 2, 2008, (ii) for which a |
petition is filed with the Illinois Public Labor Relations |
Board on or after April 5, 2013 (the effective date of Public |
Act 97-1172), or (iii) for which a petition is pending before |
the Illinois Public Labor Relations Board on that date, |
"managerial employee" means an individual who is engaged in |
executive and management functions or who is charged with the |
effectuation of management policies and practices or who |
represents management interests by taking or recommending |
|
discretionary actions that effectively control or implement |
policy. Nothing in this definition prohibits an individual from |
also meeting the definition of "supervisor" under subsection |
(r) of this Section.
|
(k) "Peace officer" means, for the purposes of this Act |
only, any
persons who have been or are hereafter appointed to a |
police force,
department, or agency and sworn or commissioned |
to perform police duties,
except that the following persons are |
not
included: part-time police
officers, special police |
officers, auxiliary police as defined by Section
3.1-30-20 of |
the Illinois Municipal Code, night watchmen, "merchant |
police",
court security officers as defined by Section 3-6012.1 |
of the Counties
Code,
temporary employees, traffic guards or |
wardens, civilian parking meter and
parking facilities |
personnel or other individuals specially appointed to
aid or |
direct traffic at or near schools or public functions or to aid |
in
civil defense or disaster, parking enforcement employees who |
are not
commissioned as peace officers and who are not armed |
and who are not
routinely expected to effect arrests, parking |
lot attendants, clerks and
dispatchers or other civilian |
employees of a police department who are not
routinely expected |
to effect arrests, or elected officials.
|
(l) "Person" includes one or more individuals, labor |
organizations, public
employees, associations, corporations, |
legal representatives, trustees,
trustees in bankruptcy, |
receivers, or the State of Illinois or any political
|
|
subdivision of the State or governing body, but does not |
include the General
Assembly of the State of Illinois or any |
individual employed by the General
Assembly of the State of |
Illinois.
|
(m) "Professional employee" means any employee engaged in |
work predominantly
intellectual and varied in character rather |
than routine mental, manual,
mechanical or physical work; |
involving the consistent exercise of discretion
and adjustment |
in its performance; of such a character that the output |
produced
or the result accomplished cannot be standardized in |
relation to a given
period of time; and requiring advanced |
knowledge in a field of science or
learning customarily |
acquired by a prolonged course of specialized intellectual
|
instruction and study in an institution of higher learning or a |
hospital,
as distinguished from a general academic education or |
from apprenticeship
or from training in the performance of |
routine mental, manual, or physical
processes; or any employee |
who has completed the courses of specialized
intellectual |
instruction and study prescribed in this subsection (m) and is
|
performing related
work under the supervision of a professional |
person to qualify to become
a professional employee as defined |
in this subsection (m).
|
(n) "Public employee" or "employee", for the purposes of |
this Act, means
any individual employed by a public employer, |
including (i) interns and residents
at public hospitals, (ii) |
as of the effective date of this amendatory Act of the 93rd |
|
General
Assembly, but not
before, personal assistants working |
under the Home
Services
Program under Section 3 of the |
Rehabilitation of Persons with Disabilities Disabled Persons |
Rehabilitation Act, subject to
the
limitations set forth in |
this Act and in the Rehabilitation of Persons with Disabilities |
Disabled Persons Rehabilitation
Act,
(iii) as of the effective |
date of this amendatory Act of the 94th General Assembly, but |
not before, child and day care home providers participating in |
the child care assistance program under Section 9A-11 of the |
Illinois Public Aid Code, subject to the limitations set forth |
in this Act and in Section 9A-11 of the Illinois Public Aid |
Code, (iv) as of January 29, 2013 (the effective date of Public |
Act 97-1158), but not before except as otherwise provided in |
this subsection (n), home care and home health workers who |
function as personal assistants and individual maintenance |
home health workers and who also work under the Home Services |
Program under Section 3 of the Rehabilitation of Persons with |
Disabilities Disabled Persons Rehabilitation Act, no matter |
whether the State provides those services through direct |
fee-for-service arrangements, with the assistance of a managed |
care organization or other intermediary, or otherwise, (v) |
beginning on the effective date of this amendatory Act of the |
98th General Assembly and notwithstanding any other provision |
of this Act, any person employed by a public employer and who |
is classified as or who holds the employment title of Chief |
Stationary Engineer, Assistant Chief Stationary Engineer, |
|
Sewage Plant Operator, Water Plant Operator, Stationary |
Engineer, Plant Operating Engineer, and any other employee who |
holds the position of: Civil Engineer V, Civil Engineer VI, |
Civil Engineer VII, Technical Manager I, Technical Manager II, |
Technical Manager III, Technical Manager IV, Technical Manager |
V, Technical Manager VI, Realty Specialist III, Realty |
Specialist IV, Realty Specialist V, Technical Advisor I, |
Technical Advisor II, Technical Advisor III, Technical Advisor |
IV, or Technical Advisor V employed by the Department of |
Transportation who is in a position which is certified in a |
bargaining unit on or before the effective date of this |
amendatory Act of the 98th General Assembly, and (vi) beginning |
on the effective date of this amendatory Act of the 98th |
General Assembly and notwithstanding any other provision of |
this Act, any mental health administrator in the Department of |
Corrections who is classified as or who holds the position of |
Public Service Administrator (Option 8K), any employee of the |
Office of the Inspector General in the Department of Human |
Services who is classified as or who holds the position of |
Public Service Administrator (Option 7), any Deputy of |
Intelligence in the Department of Corrections who is classified |
as or who holds the position of Public Service Administrator |
(Option 7), and any employee of the Department of State Police |
who handles issues concerning the Illinois State Police Sex |
Offender Registry and who is classified as or holds the |
position of Public Service Administrator (Option 7), but |
|
excluding all of the following: employees of the
General |
Assembly of the State of Illinois; elected officials; executive
|
heads of a department; members of boards or commissions; the |
Executive
Inspectors General; any special Executive Inspectors |
General; employees of each
Office of an Executive Inspector |
General;
commissioners and employees of the Executive Ethics |
Commission; the Auditor
General's Inspector General; employees |
of the Office of the Auditor General's
Inspector General; the |
Legislative Inspector General; any special Legislative
|
Inspectors General; employees of the Office
of the Legislative |
Inspector General;
commissioners and employees of the |
Legislative Ethics Commission;
employees
of any
agency, board |
or commission created by this Act; employees appointed to
State |
positions of a temporary or emergency nature; all employees of |
school
districts and higher education institutions except |
firefighters and peace
officers employed
by a state university |
and except peace officers employed by a school district in its |
own police department in existence on the effective date of |
this amendatory Act of the 96th General Assembly; managerial |
employees; short-term employees; legislative liaisons; a |
person who is a State employee under the jurisdiction of the |
Office of the Attorney General who is licensed to practice law |
or whose position authorizes, either directly or indirectly, |
meaningful input into government decision-making on issues |
where there is room for principled disagreement on goals or |
their implementation; a person who is a State employee under |
|
the jurisdiction of the Office of the Comptroller who holds the |
position of Public Service Administrator or whose position is |
otherwise exempt under the Comptroller Merit Employment Code; a |
person who is a State employee under the jurisdiction of the |
Secretary of State who holds the position classification of |
Executive I or higher, whose position authorizes, either |
directly or indirectly, meaningful input into government |
decision-making on issues where there is room for principled |
disagreement on goals or their implementation, or who is |
otherwise exempt under the Secretary of State Merit Employment |
Code; employees in the Office of the Secretary of State who are |
completely exempt from jurisdiction B of the Secretary of State |
Merit Employment Code and who are in Rutan-exempt positions on |
or after April 5, 2013 (the effective date of Public Act |
97-1172); a person who is a State employee under the |
jurisdiction of the Treasurer who holds a position that is |
exempt from the State Treasurer Employment Code; any employee |
of a State agency who (i) holds the title or position of, or |
exercises substantially similar duties as a legislative |
liaison, Agency General Counsel, Agency Chief of Staff, Agency |
Executive Director, Agency Deputy Director, Agency Chief |
Fiscal Officer, Agency Human Resources Director, Public |
Information Officer, or Chief Information Officer and (ii) was |
neither included in a bargaining unit nor subject to an active |
petition for certification in a bargaining unit; any employee |
of a State agency who (i) is in a position that is |
|
Rutan-exempt, as designated by the employer, and completely |
exempt from jurisdiction B of the Personnel Code and (ii) was |
neither included in a bargaining unit nor subject to an active |
petition for certification in a bargaining unit; any term |
appointed employee of a State agency pursuant to Section 8b.18 |
or 8b.19 of the Personnel Code who was neither included in a |
bargaining unit nor subject to an active petition for |
certification in a bargaining unit; any employment position |
properly designated pursuant to Section 6.1 of this Act;
|
confidential employees; independent contractors; and |
supervisors except as
provided in this Act.
|
Home care
and home health workers who function as personal |
assistants and individual maintenance home health workers and |
who also work under the Home Services Program under Section 3 |
of the Rehabilitation of Persons with Disabilities Disabled |
Persons Rehabilitation Act shall not be considered
public
|
employees for any purposes not specifically provided for in |
Public Act 93-204 or Public Act 97-1158, including but not |
limited to, purposes of vicarious
liability in tort
and |
purposes of statutory retirement or health insurance benefits. |
Home care and home health workers who function as personal |
assistants and individual maintenance home health workers and |
who also work under the Home Services Program under Section 3 |
of the Rehabilitation of Persons with Disabilities Disabled |
Persons Rehabilitation Act shall not be covered by the State |
Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
|
|
Child and day care home providers shall not be considered |
public employees for any purposes not specifically provided for |
in this amendatory Act of the 94th General Assembly, including |
but not limited to, purposes of vicarious liability in tort and |
purposes of statutory retirement or health insurance benefits. |
Child and day care home providers shall not be covered by the |
State Employees Group Insurance Act of 1971. |
Notwithstanding Section 9, subsection (c), or any other |
provisions of
this Act, all peace officers above the rank of |
captain in
municipalities with more than 1,000,000 inhabitants |
shall be excluded
from this Act.
|
(o) Except as otherwise in subsection (o-5), "public |
employer" or "employer" means the State of Illinois; any
|
political subdivision of the State, unit of local government or |
school
district; authorities including departments, divisions, |
bureaus, boards,
commissions, or other agencies of the |
foregoing entities; and any person
acting within the scope of |
his or her authority, express or implied, on
behalf of those |
entities in dealing with its employees.
As of the effective |
date of the amendatory Act of the 93rd General Assembly,
but |
not
before, the State of Illinois shall be considered the |
employer of the personal assistants working under the Home |
Services Program
under
Section 3 of the Rehabilitation of |
Persons with Disabilities Disabled Persons Rehabilitation Act, |
subject to the
limitations set forth
in this Act and in the |
Rehabilitation of Persons with Disabilities Disabled Persons |
|
Rehabilitation Act. As of January 29, 2013 (the effective date |
of Public Act 97-1158), but not before except as otherwise |
provided in this subsection (o), the State shall be considered |
the employer of home care and home health workers who function |
as personal assistants and individual maintenance home health |
workers and who also work under the Home Services Program under |
Section 3 of the Rehabilitation of Persons with Disabilities |
Disabled Persons Rehabilitation Act, no matter whether the |
State provides those services through direct fee-for-service |
arrangements, with the assistance of a managed care |
organization or other intermediary, or otherwise, but subject |
to the limitations set forth in this Act and the Rehabilitation |
of Persons with Disabilities Disabled Persons Rehabilitation |
Act. The State shall not
be
considered to be the employer of |
home care and home health workers who function as personal
|
assistants and individual maintenance home health workers and |
who also work under the Home Services Program under Section 3 |
of the Rehabilitation of Persons with Disabilities Disabled |
Persons Rehabilitation Act, for any
purposes not specifically |
provided for in Public Act 93-204 or Public Act 97-1158, |
including but not limited to, purposes of vicarious liability |
in tort
and
purposes of statutory retirement or health |
insurance benefits. Home care and home health workers who |
function as
personal assistants and individual maintenance |
home health workers and who also work under the Home Services |
Program under Section 3 of the Rehabilitation of Persons with |
|
Disabilities Disabled Persons Rehabilitation Act shall not be |
covered by the State Employees Group
Insurance Act of 1971
(5 |
ILCS 375/).
As of the effective date of this amendatory Act of |
the 94th General Assembly but not before, the State of Illinois |
shall be considered the employer of the day and child care home |
providers participating in the child care assistance program |
under Section 9A-11 of the Illinois Public Aid Code, subject to |
the limitations set forth in this Act and in Section 9A-11 of |
the Illinois Public Aid Code. The State shall not be considered |
to be the employer of child and day care home providers for any |
purposes not specifically provided for in this amendatory Act |
of the 94th General Assembly, including but not limited to, |
purposes of vicarious liability in tort and purposes of |
statutory retirement or health insurance benefits. Child and |
day care home providers shall not be covered by the State |
Employees Group Insurance Act of 1971. |
"Public employer" or
"employer" as used in this Act, |
however, does not
mean and shall not include the General |
Assembly of the State of Illinois,
the Executive Ethics |
Commission, the Offices of the Executive Inspectors
General, |
the Legislative Ethics Commission, the Office of the |
Legislative
Inspector General, the Office of the Auditor |
General's Inspector General, the Office of the Governor, the |
Governor's Office of Management and Budget, the Illinois |
Finance Authority, the Office of the Lieutenant Governor, the |
State Board of Elections, and educational employers or |
|
employers as defined in the Illinois
Educational Labor |
Relations Act, except with respect to a state university in
its |
employment of firefighters and peace officers and except with |
respect to a school district in the employment of peace |
officers in its own police department in existence on the |
effective date of this amendatory Act of the 96th General |
Assembly. County boards and county
sheriffs shall be
designated |
as joint or co-employers of county peace officers appointed
|
under the authority of a county sheriff. Nothing in this |
subsection
(o) shall be construed
to prevent the State Panel or |
the Local Panel
from determining that employers are joint or |
co-employers.
|
(o-5) With respect to
wages, fringe
benefits, hours, |
holidays, vacations, proficiency
examinations, sick leave, and |
other conditions of
employment, the public employer of public |
employees who are court reporters, as
defined in the Court |
Reporters Act, shall be determined as
follows:
|
(1) For court reporters employed by the Cook County |
Judicial
Circuit, the chief judge of the Cook County |
Circuit
Court is the public employer and employer |
representative.
|
(2) For court reporters employed by the 12th, 18th, |
19th, and, on and after December 4, 2006, the 22nd judicial
|
circuits, a group consisting of the chief judges of those |
circuits, acting
jointly by majority vote, is the public |
employer and employer representative.
|
|
(3) For court reporters employed by all other judicial |
circuits,
a group consisting of the chief judges of those |
circuits, acting jointly by
majority vote, is the public |
employer and employer representative.
|
(p) "Security employee" means an employee who is |
responsible for the
supervision and control of inmates at |
correctional facilities. The term
also includes other |
non-security employees in bargaining units having the
majority |
of employees being responsible for the supervision and control |
of
inmates at correctional facilities.
|
(q) "Short-term employee" means an employee who is employed |
for less
than 2 consecutive calendar quarters during a calendar |
year and who does
not have a reasonable assurance that he or |
she will be rehired by the
same employer for the same service |
in a subsequent calendar year.
|
(q-5) "State agency" means an agency directly responsible |
to the Governor, as defined in Section 3.1 of the Executive |
Reorganization Implementation Act, and the Illinois Commerce |
Commission, the Illinois Workers' Compensation Commission, the |
Civil Service Commission, the Pollution Control Board, the |
Illinois Racing Board, and the Department of State Police Merit |
Board. |
(r) "Supervisor" is: |
(1) An employee whose principal work is substantially
|
different from that of his or her subordinates and who has |
authority, in the
interest of the employer, to hire, |
|
transfer, suspend, lay off, recall,
promote, discharge, |
direct, reward, or discipline employees, to adjust
their |
grievances, or to effectively recommend any of those |
actions, if the
exercise
of that authority is not of a |
merely routine or clerical nature, but
requires the |
consistent use of independent judgment. Except with |
respect to
police employment, the term "supervisor" |
includes only those individuals
who devote a preponderance |
of their employment time to exercising that
authority, |
State supervisors notwithstanding. Nothing in this |
definition prohibits an individual from also meeting the |
definition of "managerial employee" under subsection (j) |
of this Section. In addition, in determining
supervisory |
status in police employment, rank shall not be |
determinative.
The Board shall consider, as evidence of |
bargaining unit inclusion or
exclusion, the common law |
enforcement policies and relationships between
police |
officer ranks and certification under applicable civil |
service law,
ordinances, personnel codes, or Division 2.1 |
of Article 10 of the Illinois
Municipal Code, but these |
factors shall not
be the sole or predominant factors |
considered by the Board in determining
police supervisory |
status.
|
Notwithstanding the provisions of the preceding |
paragraph, in determining
supervisory status in fire |
fighter employment, no fire fighter shall be
excluded as a |
|
supervisor who has established representation rights under
|
Section 9 of this Act. Further, in new fire fighter units, |
employees shall
consist of fire fighters of the rank of |
company officer and below. If a company officer otherwise |
qualifies as a supervisor under the preceding paragraph, |
however, he or she shall
not be included in the fire |
fighter
unit. If there is no rank between that of chief and |
the
highest company officer, the employer may designate a |
position on each
shift as a Shift Commander, and the |
persons occupying those positions shall
be supervisors. |
All other ranks above that of company officer shall be
|
supervisors.
|
(2) With respect only to State employees in positions |
under the jurisdiction of the Attorney General, Secretary |
of State, Comptroller, or Treasurer (i) that were certified |
in a bargaining unit on or after December 2, 2008, (ii) for |
which a petition is filed with the Illinois Public Labor |
Relations Board on or after April 5, 2013 (the effective |
date of Public Act 97-1172), or (iii) for which a petition |
is pending before the Illinois Public Labor Relations Board |
on that date, an employee who qualifies as a supervisor |
under (A) Section 152 of the National Labor Relations Act |
and (B) orders of the National Labor Relations Board |
interpreting that provision or decisions of courts |
reviewing decisions of the National Labor Relations Board. |
(s)(1) "Unit" means a class of jobs or positions that are |
|
held by
employees whose collective interests may suitably be |
represented by a labor
organization for collective bargaining. |
Except with respect to non-State fire
fighters and paramedics |
employed by fire departments and fire protection
districts, |
non-State peace officers, and peace officers in the Department |
of
State Police, a bargaining unit determined by the Board |
shall not include both
employees and supervisors, or |
supervisors only, except as provided in paragraph
(2) of this |
subsection (s) and except for bargaining units in existence on |
July
1, 1984 (the effective date of this Act). With respect to |
non-State fire
fighters and paramedics employed by fire |
departments and fire protection
districts, non-State peace |
officers, and peace officers in the Department of
State Police, |
a bargaining unit determined by the Board shall not include |
both
supervisors and nonsupervisors, or supervisors only, |
except as provided in
paragraph (2) of this subsection (s) and |
except for bargaining units in
existence on January 1, 1986 |
(the effective date of this amendatory Act of
1985). A |
bargaining unit determined by the Board to contain peace |
officers
shall contain no employees other than peace officers |
unless otherwise agreed to
by the employer and the labor |
organization or labor organizations involved.
Notwithstanding |
any other provision of this Act, a bargaining unit, including a
|
historical bargaining unit, containing sworn peace officers of |
the Department
of Natural Resources (formerly designated the |
Department of Conservation) shall
contain no employees other |
|
than such sworn peace officers upon the effective
date of this |
amendatory Act of 1990 or upon the expiration date of any
|
collective bargaining agreement in effect upon the effective |
date of this
amendatory Act of 1990 covering both such sworn |
peace officers and other
employees.
|
(2) Notwithstanding the exclusion of supervisors from |
bargaining units
as provided in paragraph (1) of this |
subsection (s), a public
employer may agree to permit its |
supervisory employees to form bargaining units
and may bargain |
with those units. This Act shall apply if the public employer
|
chooses to bargain under this subsection.
|
(3) Public employees who are court reporters, as defined
in |
the Court Reporters Act,
shall be divided into 3 units for |
collective bargaining purposes. One unit
shall be court |
reporters employed by the Cook County Judicial Circuit; one
|
unit shall be court reporters employed by the 12th, 18th, 19th, |
and, on and after December 4, 2006, the 22nd judicial
circuits; |
and one unit shall be court reporters employed by all other
|
judicial circuits.
|
(t) "Active petition for certification in a bargaining |
unit" means a petition for certification filed with the Board |
under one of the following case numbers: S-RC-11-110; |
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
|
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
S-RC-07-100. |
(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; |
97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. |
8-18-14.)
|
Section 20. The Voluntary Payroll Deductions Act of 1983 is |
amended by changing Section 3 as follows:
|
(5 ILCS 340/3) (from Ch. 15, par. 503)
|
Sec. 3. Definitions. As used in this Act unless the context |
otherwise
requires:
|
(a) "Employee" means any regular officer or employee who |
receives salary
or wages for personal services rendered to the |
State of Illinois, and
includes an individual hired as an |
employee by contract with that individual.
|
(b) "Qualified organization" means an organization |
representing one or
more benefiting agencies, which |
|
organization is designated by the State
Comptroller as |
qualified to receive payroll deductions under this Act.
An |
organization desiring to be designated as a qualified |
organization shall:
|
(1) Submit written or electronic designations on forms |
approved by the State Comptroller
by 500 or more employees |
or State annuitants, in which such employees
or State |
annuitants indicate that the organization is one for which |
the
employee or State annuitant intends to authorize |
withholding. The forms
shall require the name, last 4 |
digits only of the social security number,
and employing |
State agency
for
each employee. Upon notification by the |
Comptroller that such forms have been
approved, the |
organization shall, within 30 days, notify in writing the
|
Governor or his or her designee of its intention to obtain |
the required
number of designations. Such organization |
shall have 12 months from that
date to obtain the necessary
|
designations and return to the State Comptroller's office |
the completed
designations, which shall
be subject to |
verification procedures established by the State |
Comptroller;
|
(2) Certify that all benefiting agencies are tax exempt |
under Section
501(c)(3) of the Internal Revenue Code;
|
(3) Certify that all benefiting agencies are in |
compliance with the
Illinois Human Rights Act;
|
(4) Certify that all benefiting agencies are in |
|
compliance with
the Charitable Trust Act and the |
Solicitation for Charity Act;
|
(5) Certify that all benefiting agencies actively |
conduct health or
welfare programs and provide services to |
individuals directed at one or
more of the following common |
human needs within a community: service,
research, and |
education in the health fields; family and child care
|
services; protective services for children and adults; |
services for
children and adults in foster care; services |
related to the management and
maintenance of the home; day |
care services for adults; transportation
services; |
information, referral and counseling services; services to
|
eliminate illiteracy; the preparation and delivery of |
meals; adoption
services; emergency shelter care and |
relief services; disaster relief services;
safety |
services; neighborhood and community organization |
services; recreation
services; social adjustment and |
rehabilitation services; health support
services; or a |
combination of such services designed to meet the special
|
needs of specific groups, such as children and youth, the |
ill and infirm,
and persons with physical disabilities the |
physically handicapped ; and that all such benefiting |
agencies
provide the above described services to |
individuals and their families
in the community and |
surrounding area in which the organization conducts
its |
fund drive, or that such benefiting agencies provide relief |
|
to victims
of natural disasters and other emergencies on a |
where and as needed basis;
|
(6) Certify that the organization has disclosed the |
percentage of
the organization's total collected receipts |
from employees or State
annuitants that are distributed to |
the benefiting agencies and the
percentage of the |
organization's total collected receipts from employees
or |
State annuitants that are expended
for fund-raising and |
overhead costs. These percentages shall be the same
|
percentage figures annually disclosed by the organization |
to the Attorney
General. The disclosure shall be made to |
all solicited employees and State
annuitants and shall
be |
in the form of a factual statement on all petitions and in |
the campaign's
brochures for employees and State |
annuitants;
|
(7) Certify that all benefiting agencies receiving |
funds which the
employee or State annuitant has requested |
or designated for distribution
to a particular community |
and surrounding area use a majority of such funds
|
distributed for services in the actual provision of |
services in that community
and surrounding area;
|
(8) Certify that neither it nor its member |
organizations will solicit
State employees for |
contributions at their workplace, except pursuant to
this |
Act and the rules promulgated thereunder. Each qualified
|
organization, and each participating United Fund, is |
|
encouraged
to cooperate with all others and with all State |
agencies
and educational institutions so as to simplify |
procedures, to resolve
differences and to minimize costs;
|
(9) Certify that it will pay its share of the campaign |
costs and will
comply with the Code of Campaign Conduct as |
approved by the Governor or other
agency as designated by |
the Governor; and
|
(10) Certify that it maintains a year-round office, the |
telephone number,
and person responsible for the |
operations of the organization in Illinois.
That |
information shall be provided to the State Comptroller at |
the time the
organization is seeking participation under |
this Act.
|
Each qualified organization shall submit to the State |
Comptroller between
January 1 and March 1 of each year, a |
statement that the organization is in
compliance with all of |
the requirements set forth in paragraphs (2) through
(10). The |
State Comptroller shall exclude any organization that fails to
|
submit the statement from the next solicitation period.
|
In order to be designated as a qualified organization, the |
organization shall
have existed at least 2 years prior to |
submitting the written or electronic designation forms
|
required in paragraph (1) and shall certify to the State |
Comptroller that such
organization has been providing services |
described in paragraph (5) in
Illinois. If the organization |
seeking designation represents more than one
benefiting |
|
agency, it need not have existed for 2 years but shall certify |
to
the State Comptroller that each of its benefiting agencies |
has existed for at
least 2 years prior to submitting the |
written or electronic designation forms required in
paragraph |
(1) and that each has been providing services described in |
paragraph
(5) in Illinois.
|
Organizations which have met the requirements of this Act |
shall be
permitted to participate in the State and Universities |
Combined Appeal as
of January 1st of the year immediately |
following their approval by the
Comptroller.
|
Where the certifications described in paragraphs (2), (3), |
(4),
(5), (6), (7), (8), (9), and (10) above are made by an |
organization
representing more than
one benefiting agency they |
shall be based upon the knowledge and belief of
such qualified |
organization. Any qualified organization shall immediately
|
notify the State Comptroller in writing if the qualified |
organization
receives information or otherwise believes that a |
benefiting agency is no
longer in compliance with the |
certification of the qualified organization.
A qualified |
organization representing more than one benefiting agency |
shall
thereafter withhold and refrain from distributing to such |
benefiting agency
those funds received pursuant to this Act |
until the benefiting agency is
again in compliance with the |
qualified organization's certification. The
qualified |
organization shall immediately notify the State Comptroller of
|
the benefiting agency's resumed compliance with the |
|
certification, based
upon the qualified organization's |
knowledge and belief, and shall pay over
to the benefiting |
agency those funds previously withheld.
|
In order to qualify, a qualified organization must receive |
250 deduction pledges from the immediately preceding |
solicitation period as set forth in Section 6. The Comptroller |
shall, by February 1st of each year, so notify any
qualified |
organization that failed to receive the minimum deduction |
requirement. The notification shall give such qualified
|
organization until March 1st to provide the Comptroller with |
documentation
that the minimum deduction requirement has been |
met. On the basis of all the
documentation, the Comptroller |
shall, by March 15th of each year, submit to
the Governor or |
his or her designee, or such other agency as may be
determined |
by the Governor, a list of all organizations which have met the |
minimum
payroll deduction requirement. Only those |
organizations which have met such
requirements, as well as the |
other requirements of this Section, shall be
permitted to |
solicit State employees or State annuitants for voluntary
|
contributions, and the Comptroller shall discontinue |
withholding for any
such organization which fails to meet these |
requirements, except qualified organizations that received |
deduction pledges during the 2004 solicitation period are |
deemed to be qualified for the 2005 solicitation period.
|
(c) "United Fund" means the organization conducting the |
single, annual,
consolidated effort to secure funds for |
|
distribution to agencies engaged
in charitable and public |
health, welfare and services purposes, which is
commonly known |
as the United Fund, or the organization which serves in place
|
of the United Fund organization in communities where an |
organization known
as the United Fund is not organized.
|
In order for a United Fund to participate in the State and |
Universities
Employees Combined Appeal, it shall comply with |
the provisions of paragraph (9)
of subsection (b).
|
(d) "State and Universities Employees Combined Appeal",
|
otherwise known as "SECA", means the State-directed joint |
effort of all of the
qualified organizations, together with the |
United Funds, for the solicitation
of voluntary contributions |
from State and University employees and State
annuitants.
|
(e) "Retirement system" means any or all of the following: |
the General
Assembly Retirement System, the State Employees' |
Retirement System of Illinois,
the State Universities |
Retirement System, the Teachers' Retirement System of
the State |
of Illinois, and the Judges Retirement System.
|
(f) "State annuitant" means a person receiving an annuity |
or disability
benefit under Article 2, 14, 15, 16, or 18 of the |
Illinois Pension Code.
|
(Source: P.A. 97-1005, eff. 1-1-13.)
|
Section 25. The Public Employee Disability Act is amended |
by changing Section 1 as follows:
|
|
(5 ILCS 345/1) (from Ch. 70, par. 91)
|
Sec. 1. Disability benefit.
|
(a) For the purposes of this Section, "eligible employee" |
means any
part-time or full-time State correctional officer or |
any other full or
part-time employee of the Department of |
Corrections, any full or part-time
employee of the Prisoner |
Review Board, any full or part-time employee of the
Department |
of Human Services working within a
penal institution or a State |
mental health or developmental
disabilities facility operated |
by the Department of Human Services, and any
full-time law |
enforcement officer or
full-time firefighter who is employed by |
the State of Illinois, any unit of
local government (including |
any home rule unit), any State supported college or
university, |
or any other public entity granted the power to employ persons |
for
such purposes by law.
|
(b) Whenever an eligible employee suffers any injury in the |
line of duty
which causes him to be unable to perform his |
duties, he shall continue to be
paid by the employing public |
entity on the same basis as he was paid before the
injury, with |
no deduction from his sick leave credits, compensatory time for
|
overtime accumulations or vacation, or service credits in a |
public employee
pension fund during the time he is unable to |
perform his duties due to the
result of the injury, but not |
longer than one year in relation to the same
injury. However, |
no injury to an employee of the Department
of Corrections or
|
the Prisoner Review Board working within a penal institution or |
|
an employee of
the Department of Human Services working within |
a
departmental mental health or developmental disabilities |
facility shall
qualify the employee for benefits under this |
Section unless the
injury is the
direct or indirect result of |
violence by inmates of the penal institution or
residents of |
the mental health or developmental
disabilities facility.
|
(c) At any time during the period for which continuing |
compensation
is required by this Act, the employing public |
entity may order at the
expense of that entity physical or |
medical examinations of the injured
person to determine the |
degree of disability.
|
(d) During this period of disability, the injured person |
shall not
be employed in any other manner, with or without |
monetary compensation.
Any person who is employed in violation |
of this paragraph forfeits the
continuing compensation |
provided by this Act from the time such
employment begins. Any |
salary compensation due the injured person from
workers' |
compensation or any salary due him from any type of insurance
|
which may be carried by the employing public entity shall |
revert to that
entity during the time for which continuing |
compensation is paid to him
under this Act. Any person with a |
disability disabled person receiving compensation under the
|
provisions of this Act shall not be entitled to any benefits |
for which
he would qualify because of his disability under the |
provisions of the
Illinois Pension Code.
|
(e) Any employee of the State of Illinois, as defined in |
|
Section 14-103.05
of the Illinois Pension Code, who becomes |
permanently unable to perform the
duties of such employment due |
to an injury received in the active performance
of his duties |
as a State employee as a result of a willful act of violence by
|
another employee of the State of Illinois, as so defined, |
committed during such
other employee's course of employment and |
after January 1, 1988, shall be
eligible for benefits pursuant |
to the provisions of this Section. For purposes
of this |
Section, permanent disability permanently disabled is defined |
as a diagnosis or prognosis of
an inability to return to |
current job duties by a physician licensed to
practice medicine |
in all of its branches.
|
(f) The compensation and other benefits provided to |
part-time employees
covered by this Section shall be calculated |
based on the percentage of time
the part-time employee was |
scheduled to work pursuant to his or her status as
a part-time |
employee.
|
(g) Pursuant to paragraphs (h) and (i) of Section 6 of |
Article VII of
the Illinois Constitution, this Act specifically |
denies and limits the exercise
by home rule units of any power |
which is inconsistent herewith, and all
existing laws and |
ordinances which are inconsistent herewith are hereby
|
superseded. This Act does not preempt the concurrent exercise |
by home rule
units of powers consistent herewith.
|
This Act does not apply to any home rule unit with a |
population of over
1,000,000.
|
|
(h) In those cases where the injury to a State employee for |
which
a benefit is payable under this Act was caused
under |
circumstances creating a legal liability for damages on the |
part
of some person other than the State employer, all of the |
rights
and privileges, including the right to notice of suit |
brought against
such other person and the right to commence or |
join in such suit, as
given the employer, together with the |
conditions or obligations imposed
under paragraph (b) of |
Section 5 of the Workers' Compensation Act,
are also given and |
granted to the State, to the end that, with respect to State |
employees only, the State
may be paid or reimbursed for the |
amount of
benefit paid or
to be paid by the
State to the |
injured employee or his or her personal representative out of |
any
judgment, settlement, or payment
for such injury obtained |
by such injured employee or his
or her personal representative |
from such other person by virtue of the injury. |
(Source: P.A. 96-1430, eff. 1-1-11.)
|
Section 30. The State Employees Group Insurance Act of 1971 |
is amended by changing Section 3 as follows:
|
(5 ILCS 375/3) (from Ch. 127, par. 523)
|
Sec. 3. Definitions. Unless the context otherwise |
requires, the
following words and phrases as used in this Act |
shall have the following
meanings. The Department may define |
these and other words and phrases
separately for the purpose of |
|
implementing specific programs providing benefits
under this |
Act.
|
(a) "Administrative service organization" means any |
person, firm or
corporation experienced in the handling of |
claims which is
fully qualified, financially sound and capable |
of meeting the service
requirements of a contract of |
administration executed with the Department.
|
(b) "Annuitant" means (1) an employee who retires, or has |
retired,
on or after January 1, 1966 on an immediate annuity |
under the provisions
of Articles 2, 14 (including an employee |
who has elected to receive an alternative retirement |
cancellation payment under Section 14-108.5 of the Illinois |
Pension Code in lieu of an annuity), 15 (including an employee |
who has retired under the optional
retirement program |
established under Section 15-158.2),
paragraphs (2), (3), or |
(5) of Section 16-106, or
Article 18 of the Illinois Pension |
Code; (2) any person who was receiving
group insurance coverage |
under this Act as of March 31, 1978 by
reason of his status as |
an annuitant, even though the annuity in relation
to which such |
coverage was provided is a proportional annuity based on less
|
than the minimum period of service required for a retirement |
annuity in
the system involved; (3) any person not otherwise |
covered by this Act
who has retired as a participating member |
under Article 2 of the Illinois
Pension Code but is ineligible |
for the retirement annuity under Section
2-119 of the Illinois |
Pension Code; (4) the spouse of any person who
is receiving a |
|
retirement annuity under Article 18 of the Illinois Pension
|
Code and who is covered under a group health insurance program |
sponsored
by a governmental employer other than the State of |
Illinois and who has
irrevocably elected to waive his or her |
coverage under this Act and to have
his or her spouse |
considered as the "annuitant" under this Act and not as
a |
"dependent"; or (5) an employee who retires, or has retired, |
from a
qualified position, as determined according to rules |
promulgated by the
Director, under a qualified local |
government, a qualified rehabilitation
facility, a qualified |
domestic violence shelter or service, or a qualified child |
advocacy center. (For definition
of "retired employee", see (p) |
post).
|
(b-5) (Blank).
|
(b-6) (Blank).
|
(b-7) (Blank).
|
(c) "Carrier" means (1) an insurance company, a corporation |
organized
under the Limited Health Service Organization Act or |
the Voluntary Health
Services Plan Act, a partnership, or other |
nongovernmental organization,
which is authorized to do group |
life or group health insurance business in
Illinois, or (2) the |
State of Illinois as a self-insurer.
|
(d) "Compensation" means salary or wages payable on a |
regular
payroll by the State Treasurer on a warrant of the |
State Comptroller out
of any State, trust or federal fund, or |
by the Governor of the State
through a disbursing officer of |
|
the State out of a trust or out of
federal funds, or by any |
Department out of State, trust, federal or
other funds held by |
the State Treasurer or the Department, to any person
for |
personal services currently performed, and ordinary or |
accidental
disability benefits under Articles 2, 14, 15 |
(including ordinary or accidental
disability benefits under |
the optional retirement program established under
Section |
15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or |
Article 18 of the Illinois Pension Code, for disability
|
incurred after January 1, 1966, or benefits payable under the |
Workers'
Compensation or Occupational Diseases Act or benefits |
payable under a sick
pay plan established in accordance with |
Section 36 of the State Finance Act.
"Compensation" also means |
salary or wages paid to an employee of any
qualified local |
government, qualified rehabilitation facility,
qualified |
domestic violence shelter or service, or qualified child |
advocacy center.
|
(e) "Commission" means the State Employees Group Insurance |
Advisory
Commission authorized by this Act. Commencing July 1, |
1984, "Commission"
as used in this Act means the Commission on |
Government Forecasting and Accountability as
established by |
the Legislative Commission Reorganization Act of 1984.
|
(f) "Contributory", when referred to as contributory |
coverage, shall
mean optional coverages or benefits elected by |
the member toward the cost of
which such member makes |
contribution, or which are funded in whole or in part
through |
|
the acceptance of a reduction in earnings or the foregoing of |
an
increase in earnings by an employee, as distinguished from |
noncontributory
coverage or benefits which are paid entirely by |
the State of Illinois
without reduction of the member's salary.
|
(g) "Department" means any department, institution, board,
|
commission, officer, court or any agency of the State |
government
receiving appropriations and having power to |
certify payrolls to the
Comptroller authorizing payments of |
salary and wages against such
appropriations as are made by the |
General Assembly from any State fund, or
against trust funds |
held by the State Treasurer and includes boards of
trustees of |
the retirement systems created by Articles 2, 14, 15, 16 and
18 |
of the Illinois Pension Code. "Department" also includes the |
Illinois
Comprehensive Health Insurance Board, the Board of |
Examiners established under
the Illinois Public Accounting |
Act, and the Illinois Finance Authority.
|
(h) "Dependent", when the term is used in the context of |
the health
and life plan, means a member's spouse and any child |
(1) from
birth to age 26 including an adopted child, a child |
who lives with the
member from the time of the filing of a |
petition for adoption until entry
of an order of adoption, a |
stepchild or adjudicated child, or a child who lives with the |
member
if such member is a court appointed guardian of the |
child or (2)
age 19 or over who has a mental or physical |
disability is mentally
or physically disabled from a cause |
originating prior to the age of 19 (age 26 if enrolled as an |
|
adult child dependent). For
the health plan only, the term |
"dependent" also includes (1) any person
enrolled prior to the |
effective date of this Section who is dependent upon
the member |
to the extent that the member may claim such person as a
|
dependent for income tax deduction purposes and (2) any person |
who
has received after June 30, 2000 an organ transplant and |
who is financially
dependent upon the member and eligible to be |
claimed as a dependent for income
tax purposes. A member |
requesting to cover any dependent must provide documentation as |
requested by the Department of Central Management Services and |
file with the Department any and all forms required by the |
Department.
|
(i) "Director" means the Director of the Illinois |
Department of Central
Management Services.
|
(j) "Eligibility period" means the period of time a member |
has to
elect enrollment in programs or to select benefits |
without regard to
age, sex or health.
|
(k) "Employee" means and includes each officer or employee |
in the
service of a department who (1) receives his |
compensation for
service rendered to the department on a |
warrant issued pursuant to a payroll
certified by a department |
or on a warrant or check issued and drawn by a
department upon |
a trust, federal or other fund or on a warrant issued
pursuant |
to a payroll certified by an elected or duly appointed officer
|
of the State or who receives payment of the performance of |
personal
services on a warrant issued pursuant to a payroll |
|
certified by a
Department and drawn by the Comptroller upon the |
State Treasurer against
appropriations made by the General |
Assembly from any fund or against
trust funds held by the State |
Treasurer, and (2) is employed full-time or
part-time in a |
position normally requiring actual performance of duty
during |
not less than 1/2 of a normal work period, as established by |
the
Director in cooperation with each department, except that |
persons elected
by popular vote will be considered employees |
during the entire
term for which they are elected regardless of |
hours devoted to the
service of the State, and (3) except that |
"employee" does not include any
person who is not eligible by |
reason of such person's employment to
participate in one of the |
State retirement systems under Articles 2, 14, 15
(either the |
regular Article 15 system or the optional retirement program
|
established under Section 15-158.2) or 18, or under paragraph |
(2), (3), or
(5) of Section 16-106, of the Illinois
Pension |
Code, but such term does include persons who are employed |
during
the 6 month qualifying period under Article 14 of the |
Illinois Pension
Code. Such term also includes any person who |
(1) after January 1, 1966,
is receiving ordinary or accidental |
disability benefits under Articles
2, 14, 15 (including |
ordinary or accidental disability benefits under the
optional |
retirement program established under Section 15-158.2), |
paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of |
the
Illinois Pension Code, for disability incurred after |
January 1, 1966, (2)
receives total permanent or total |
|
temporary disability under the Workers'
Compensation Act or |
Occupational Disease Act as a result of injuries
sustained or |
illness contracted in the course of employment with the
State |
of Illinois, or (3) is not otherwise covered under this Act and |
has
retired as a participating member under Article 2 of the |
Illinois Pension
Code but is ineligible for the retirement |
annuity under Section 2-119 of
the Illinois Pension Code. |
However, a person who satisfies the criteria
of the foregoing |
definition of "employee" except that such person is made
|
ineligible to participate in the State Universities Retirement |
System by
clause (4) of subsection (a) of Section 15-107 of the |
Illinois Pension
Code is also an "employee" for the purposes of |
this Act. "Employee" also
includes any person receiving or |
eligible for benefits under a sick pay
plan established in |
accordance with Section 36 of the State Finance Act.
"Employee" |
also includes (i) each officer or employee in the service of a
|
qualified local government, including persons appointed as |
trustees of
sanitary districts regardless of hours devoted to |
the service of the
sanitary district, (ii) each employee in the |
service of a qualified
rehabilitation facility, (iii) each |
full-time employee in the service of a
qualified domestic |
violence shelter or service, and (iv) each full-time employee |
in the service of a qualified child advocacy center, as |
determined according to
rules promulgated by the Director.
|
(l) "Member" means an employee, annuitant, retired |
employee or survivor. In the case of an annuitant or retired |
|
employee who first becomes an annuitant or retired employee on |
or after the effective date of this amendatory Act of the 97th |
General Assembly, the individual must meet the minimum vesting |
requirements of the applicable retirement system in order to be |
eligible for group insurance benefits under that system. In the |
case of a survivor who first becomes a survivor on or after the |
effective date of this amendatory Act of the 97th General |
Assembly, the deceased employee, annuitant, or retired |
employee upon whom the annuity is based must have been eligible |
to participate in the group insurance system under the |
applicable retirement system in order for the survivor to be |
eligible for group insurance benefits under that system.
|
(m) "Optional coverages or benefits" means those coverages |
or
benefits available to the member on his or her voluntary |
election, and at
his or her own expense.
|
(n) "Program" means the group life insurance, health |
benefits and other
employee benefits designed and contracted |
for by the Director under this Act.
|
(o) "Health plan" means a health benefits
program offered
|
by the State of Illinois for persons eligible for the plan.
|
(p) "Retired employee" means any person who would be an |
annuitant as
that term is defined herein but for the fact that |
such person retired prior to
January 1, 1966. Such term also |
includes any person formerly employed by
the University of |
Illinois in the Cooperative Extension Service who would
be an |
annuitant but for the fact that such person was made ineligible |
|
to
participate in the State Universities Retirement System by |
clause (4) of
subsection (a) of Section 15-107 of the Illinois
|
Pension Code.
|
(q) "Survivor" means a person receiving an annuity as a |
survivor of an
employee or of an annuitant. "Survivor" also |
includes: (1) the surviving
dependent of a person who satisfies |
the definition of "employee" except that
such person is made |
ineligible to participate in the State Universities
Retirement |
System by clause (4) of subsection (a)
of Section 15-107 of the |
Illinois Pension Code; (2) the surviving
dependent of any |
person formerly employed by the University of Illinois in
the |
Cooperative Extension Service who would be an annuitant except |
for the
fact that such person was made ineligible to |
participate in the State
Universities Retirement System by |
clause (4) of subsection (a) of Section
15-107 of the Illinois |
Pension Code; and (3) the surviving dependent of a person who |
was an annuitant under this Act by virtue of receiving an |
alternative retirement cancellation payment under Section |
14-108.5 of the Illinois Pension Code.
|
(q-2) "SERS" means the State Employees' Retirement System |
of Illinois, created under Article 14 of the Illinois Pension |
Code.
|
(q-3) "SURS" means the State Universities Retirement |
System, created under Article 15 of the Illinois Pension Code.
|
(q-4) "TRS" means the Teachers' Retirement System of the |
State of Illinois, created under Article 16 of the Illinois |
|
Pension Code.
|
(q-5) (Blank).
|
(q-6) (Blank).
|
(q-7) (Blank).
|
(r) "Medical services" means the services provided within |
the scope
of their licenses by practitioners in all categories |
licensed under the
Medical Practice Act of 1987.
|
(s) "Unit of local government" means any county, |
municipality,
township, school district (including a |
combination of school districts under
the Intergovernmental |
Cooperation Act), special district or other unit,
designated as |
a
unit of local government by law, which exercises limited |
governmental
powers or powers in respect to limited |
governmental subjects, any
not-for-profit association with a |
membership that primarily includes
townships and township |
officials, that has duties that include provision of
research |
service, dissemination of information, and other acts for the
|
purpose of improving township government, and that is funded |
wholly or
partly in accordance with Section 85-15 of the |
Township Code; any
not-for-profit corporation or association, |
with a membership consisting
primarily of municipalities, that |
operates its own utility system, and
provides research, |
training, dissemination of information, or other acts to
|
promote cooperation between and among municipalities that |
provide utility
services and for the advancement of the goals |
and purposes of its
membership;
the Southern Illinois |
|
Collegiate Common Market, which is a consortium of higher
|
education institutions in Southern Illinois; the Illinois |
Association of
Park Districts; and any hospital provider that |
is owned by a county that has 100 or fewer hospital beds and |
has not already joined the program. "Qualified
local |
government" means a unit of local government approved by the |
Director and
participating in a program created under |
subsection (i) of Section 10 of this
Act.
|
(t) "Qualified rehabilitation facility" means any |
not-for-profit
organization that is accredited by the |
Commission on Accreditation of
Rehabilitation Facilities or |
certified by the Department
of Human Services (as successor to |
the Department of Mental Health
and Developmental |
Disabilities) to provide services to persons with
disabilities
|
and which receives funds from the State of Illinois for |
providing those
services, approved by the Director and |
participating in a program created
under subsection (j) of |
Section 10 of this Act.
|
(u) "Qualified domestic violence shelter or service" means |
any Illinois
domestic violence shelter or service and its |
administrative offices funded
by the Department of Human |
Services (as successor to the Illinois Department of
Public |
Aid),
approved by the Director and
participating in a program |
created under subsection (k) of Section 10.
|
(v) "TRS benefit recipient" means a person who:
|
(1) is not a "member" as defined in this Section; and
|
|
(2) is receiving a monthly benefit or retirement |
annuity
under Article 16 of the Illinois Pension Code; and
|
(3) either (i) has at least 8 years of creditable |
service under Article
16 of the Illinois Pension Code, or |
(ii) was enrolled in the health insurance
program offered |
under that Article on January 1, 1996, or (iii) is the |
survivor
of a benefit recipient who had at least 8
years of |
creditable service under Article 16 of the Illinois Pension |
Code or
was enrolled in the health insurance program |
offered under that Article on
the effective date of this |
amendatory Act of 1995, or (iv) is a recipient or
survivor |
of a recipient of a disability benefit under Article 16 of |
the
Illinois Pension Code.
|
(w) "TRS dependent beneficiary" means a person who:
|
(1) is not a "member" or "dependent" as defined in this |
Section; and
|
(2) is a TRS benefit recipient's: (A) spouse, (B) |
dependent parent who
is receiving at least half of his or |
her support from the TRS benefit
recipient, or (C) natural, |
step, adjudicated, or adopted child who is (i) under age |
26, (ii) was, on January 1, 1996, participating as a |
dependent
beneficiary in the health insurance program |
offered under Article 16 of the
Illinois Pension Code, or |
(iii) age 19 or over who has a mental or physical |
disability is mentally or physically disabled from a cause |
originating prior to the age of 19 (age 26 if enrolled as |
|
an adult child).
|
"TRS dependent beneficiary" does not include, as indicated |
under paragraph (2) of this subsection (w), a dependent of the |
survivor of a TRS benefit recipient who first becomes a |
dependent of a survivor of a TRS benefit recipient on or after |
the effective date of this amendatory Act of the 97th General |
Assembly unless that dependent would have been eligible for |
coverage as a dependent of the deceased TRS benefit recipient |
upon whom the survivor benefit is based. |
(x) "Military leave" refers to individuals in basic
|
training for reserves, special/advanced training, annual |
training, emergency
call up, activation by the President of the |
United States, or any other training or duty in service to the |
United States Armed Forces.
|
(y) (Blank).
|
(z) "Community college benefit recipient" means a person |
who:
|
(1) is not a "member" as defined in this Section; and
|
(2) is receiving a monthly survivor's annuity or |
retirement annuity
under Article 15 of the Illinois Pension |
Code; and
|
(3) either (i) was a full-time employee of a community |
college district or
an association of community college |
boards created under the Public Community
College Act |
(other than an employee whose last employer under Article |
15 of the
Illinois Pension Code was a community college |
|
district subject to Article VII
of the Public Community |
College Act) and was eligible to participate in a group
|
health benefit plan as an employee during the time of |
employment with a
community college district (other than a |
community college district subject to
Article VII of the |
Public Community College Act) or an association of |
community
college boards, or (ii) is the survivor of a |
person described in item (i).
|
(aa) "Community college dependent beneficiary" means a |
person who:
|
(1) is not a "member" or "dependent" as defined in this |
Section; and
|
(2) is a community college benefit recipient's: (A) |
spouse, (B) dependent
parent who is receiving at least half |
of his or her support from the community
college benefit |
recipient, or (C) natural, step, adjudicated, or adopted |
child who is (i)
under age 26, or (ii)
age 19 or over and |
has a mental or physical disability mentally or physically |
disabled from a cause originating prior to the age of 19 |
(age 26 if enrolled as an adult child).
|
"Community college dependent beneficiary" does not |
include, as indicated under paragraph (2) of this subsection |
(aa), a dependent of the survivor of a community college |
benefit recipient who first becomes a dependent of a survivor |
of a community college benefit recipient on or after the |
effective date of this amendatory Act of the 97th General |
|
Assembly unless that dependent would have been eligible for |
coverage as a dependent of the deceased community college |
benefit recipient upon whom the survivor annuity is based. |
(bb) "Qualified child advocacy center" means any Illinois |
child advocacy center and its administrative offices funded by |
the Department of Children and Family Services, as defined by |
the Children's Advocacy Center Act (55 ILCS 80/), approved by |
the Director and participating in a program created under |
subsection (n) of Section 10.
|
(Source: P.A. 97-668, eff. 1-13-12; 97-695, eff. 7-1-12; |
98-488, eff. 8-16-13.)
|
Section 35. The State Employment Records Act is amended by |
changing Sections 5 and 15 as follows:
|
(5 ILCS 410/5)
|
Sec. 5. Findings and purpose. The General Assembly hereby
|
finds as follows:
|
(a) Efficient, responsive, and accountable disbursement of |
State
services is best facilitated by a diversified State work |
force which
reflects the diversity of the tax-paying |
constituency the State work force
is employed to serve.
|
(b) The purpose of this Act is to require and develop |
within
existing State administrative processes a comprehensive |
procedure to
collect, classify, maintain, and publish, for |
State and public use,
information that provides the General |
|
Assembly and the People of this State
with adequate information |
of the number of minorities, women, and persons with physical |
disabilities physically
disabled persons employed by State |
government within the State work force.
|
(c) To provide State officials, administrators and the |
People
of the State with information to help guide efforts to |
achieve a more
diversified State work force, the total number |
of persons employed within
the State work force shall be |
tabulated in a comprehensive manner to
provide meaningful |
review of the number and percentage of minorities, women,
and |
persons with physical disabilities physically disabled persons |
employed as part of the State work force.
|
(Source: P.A. 87-1211.)
|
(5 ILCS 410/15)
|
Sec. 15. Reported information.
|
(a) State agencies shall, if necessary, consult with the |
Office of the
Comptroller and the
Governor's Office of |
Management and Budget to confirm the accuracy of information
|
required by this Act. State agencies shall collect and maintain |
information
and publish reports including but not limited to |
the following information
arranged in the indicated |
categories:
|
(i) the total number of persons employed by the agency |
who are part of
the State work force, as defined by this |
Act, and the number and statistical
percentage of women, |
|
minorities, and persons with physical disabilities |
physically disabled persons employed
within the agency |
work force;
|
(ii) the total number of persons employed within the |
agency work force
receiving levels of State remuneration |
within incremental levels of
$10,000, and the number and |
statistical percentage of minorities, women, and
persons |
with physical disabilities physically disabled persons in |
the agency work force receiving levels of
State |
remuneration within incremented levels of $10,000;
|
(iii) the number of open positions of employment or |
advancement in the
agency work force, reported on a fiscal |
year basis;
|
(iv) the number and percentage of open positions of |
employment or
advancement in the agency work force filled |
by minorities, women, and
persons with physical |
disabilities physically disabled persons , reported on a |
fiscal year basis;
|
(v) the total number of persons employed within the |
agency work force
as professionals, and the number and |
percentage of minorities, women, and
persons with physical |
disabilities physically disabled persons employed within |
the agency work force as
professional employees; and
|
(vi) the total number of persons employed within the |
agency work force
as contractual service employees, and the |
number and percentage of minorities,
women, and persons |
|
with physical disabilities physically disabled persons |
employed within the agency work force as
contractual |
services employees.
|
(b) The numbers and percentages of minorities required to |
be reported by
this Section shall be identified by the |
following categories: |
(1) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South |
America, including Central America, and who maintains |
tribal affiliation or community attachment). |
(2) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam). |
(3) Black or African American (a person having origins |
in any of the black racial groups of Africa). Terms such as |
"Haitian" or "Negro" can be used in addition to "Black or |
African American". |
(4) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other Spanish |
culture or origin, regardless of race). |
(5) Native Hawaiian or Other Pacific Islander (a person |
having origins in any of the original peoples of Hawaii, |
Guam, Samoa, or other Pacific Islands). |
Data concerning women shall be
reported on a minority and |
|
nonminority basis.
The numbers and percentages of persons with |
physical disabilities physically disabled persons required to |
be
reported under this Section shall be identified by |
categories as male and
female.
|
(c) To accomplish consistent and uniform classification |
and collection of
information from each State agency, and to |
ensure full compliance and that all
required information is |
provided, the Index Department of the Office of the
Secretary |
of State, in consultation with the Department of Human Rights, |
the
Department of Central Management Services, and the Office |
of the Comptroller,
shall develop appropriate forms to be used |
by all State agencies subject to the
reporting requirements of |
this Act.
|
All State agencies shall make the reports required by this |
Act using the
forms developed under this subsection. The |
reports must be certified and
signed by an official of the |
agency who is responsible for the information
provided.
|
(Source: P.A. 97-396, eff. 1-1-12.)
|
Section 40. The Home for Disabled Soldiers Land Cession Act |
is amended by changing Section 0.01 as follows:
|
(5 ILCS 510/0.01) (from Ch. 1, par. 3700)
|
Sec. 0.01. Short title. This Act may be cited as the
|
National Home for Disabled Volunteer Soldiers Home for Disabled |
Soldiers Land Cession Act.
|
|
(Source: P.A. 86-1324.)
|
Section 45. The Election Code is amended by changing |
Sections 1-3, 1-10, 4-6, 4-8.01, 4-8.01, 4-8.02, 5-5, 5-7.01, |
5-7.02, 6-29, 6-35.01, 6-35.02, 6-50, 7-15, 11-4.1, 11-4.2, |
11-4.3, 12-1, 17-13, 17-14, 17-17, 18-5.1, 19-5, 19-12.1, |
19A-21, 19A-40, 24-9, and 24C-11 as follows:
|
(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
|
Sec. 1-3. As used in this Act, unless the context otherwise |
requires:
|
1. "Election" includes the submission of all questions of |
public
policy, propositions, and all measures submitted to |
popular vote, and
includes primary elections when so indicated |
by the context.
|
2. "Regular election" means the general, general primary,
|
consolidated and consolidated primary elections regularly |
scheduled in Article
2A. The even numbered year municipal |
primary established in Article 2A is
a regular election only |
with respect to those municipalities in which a
primary is |
required to be held on such date.
|
3. "Special election" means an election not regularly |
recurring at fixed
intervals, irrespective of whether it is |
held at the same time and place and by
the same election |
officers as a regular election.
|
4. "General election" means the biennial election at which |
|
members of
the General Assembly are elected. "General primary |
election", "consolidated election" and "consolidated primary |
election" mean
the respective elections or the election dates |
designated and established
in Article 2A of this Code.
|
5. "Municipal election" means an election or primary, |
either regular
or special, in cities, villages, and |
incorporated towns; and "municipality"
means any such city, |
village or incorporated town.
|
6. "Political or governmental subdivision" means any unit |
of local
government, or school district in which elections are |
or may be held.
"Political or governmental subdivision" also |
includes, for election purposes,
Regional Boards of School |
Trustees, and Township Boards of School Trustees.
|
7. The word "township" and the word "town" shall apply
|
interchangeably to the type of governmental organization |
established in
accordance with the provisions of the Township |
Code. The term
"incorporated town" shall mean a municipality |
referred to as an
incorporated town in the Illinois Municipal |
Code, as now or hereafter
amended.
|
8. "Election authority" means a county clerk or a Board of |
Election
Commissioners.
|
9. "Election Jurisdiction" means (a) an entire county, in |
the case of
a county in which no city board of election |
commissioners is located or
which is under the jurisdiction of |
a county board of election commissioners;
(b) the territorial |
jurisdiction of a city board of election commissioners;
and (c) |
|
the territory in a county outside of the jurisdiction of a city
|
board of election commissioners. In each instance election |
jurisdiction
shall be determined according to which election |
authority maintains the
permanent registration records of |
qualified electors.
|
10. "Local election official" means the clerk or secretary |
of a unit
of local government or school district, as the case |
may be, the treasurer
of a township board of school trustees, |
and the regional superintendent
of schools with respect to the |
various school officer elections and school
referenda for which |
the regional superintendent is assigned election duties
by The |
School Code, as now or hereafter amended.
|
11. "Judges of election", "primary judges" and similar |
terms, as
applied to cases where there are 2 sets of judges, |
when used in
connection with duties at an election during the |
hours the polls are
open, refer to the team of judges of |
election on duty during such hours;
and, when used with |
reference to duties after the closing of the polls,
refer to |
the team of tally judges designated to count the vote after the
|
closing of the polls and the holdover judges designated |
pursuant to
Section 13-6.2 or 14-5.2. In such case, where, |
after the closing of the
polls, any act is required to be |
performed by each of the judges of
election, it shall be |
performed by each of the tally judges and by each
of the |
holdover judges.
|
12. "Petition" of candidacy as used in Sections 7-10 and |
|
7-10.1
shall consist of a statement of candidacy, candidate's |
statement
containing oath, and sheets containing signatures of |
qualified primary
electors bound together.
|
13. "Election district" and "precinct", when used with |
reference to
a 30-day residence requirement, means the smallest |
constituent territory
in which electors vote as a unit at the |
same polling place in any
election governed by this Act.
|
14. "District" means any area which votes as a unit for the |
election of
any officer, other than the State or a unit of |
local government or school
district, and includes, but is not |
limited to, legislative, congressional
and judicial districts, |
judicial circuits, county board districts,
municipal and |
sanitary district wards, school board districts, and |
precincts.
|
15. "Question of public policy" or "public question"
means |
any question, proposition or measure submitted to the voters at |
an
election dealing with subject matter other than the |
nomination or election
of candidates and shall include, but is |
not limited to, any bond or tax
referendum, and questions |
relating to the Constitution.
|
16. "Ordinance providing the form of government of a |
municipality
or county pursuant to Article VII of the |
Constitution" includes ordinances,
resolutions and petitions |
adopted by referendum which provide for the form
of government, |
the officers or the manner of selection or terms of office
of |
officers of such municipality or county, pursuant to the |
|
provisions of
Sections 4, 6 or 7 of Article VII of the |
Constitution.
|
17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, |
6-60, and 6-66
shall include a computer tape or computer disc |
or other electronic data
processing information containing |
voter information.
|
18. "Accessible" means accessible to persons with |
disabilities handicapped and elderly
individuals for the |
purpose of voting or registration, as determined by
rule of the |
State Board of Elections.
|
19. "Elderly" means 65 years of age or older.
|
20. " Person with a disability Handicapped " means a person |
having a temporary or permanent physical disability.
|
21. "Leading political party" means one of the two |
political parties
whose candidates for governor at the most |
recent three gubernatorial
elections received either the |
highest or second highest average number of
votes. The |
political party whose candidates for governor received the
|
highest average number of votes shall be known as the first |
leading
political party and the political party whose |
candidates for governor
received the second highest average |
number of votes shall be known as the
second leading political |
party.
|
22. "Business day" means any day in which the office of an |
election
authority, local election official or the State Board |
of Elections is open
to the public for a minimum of 7 hours.
|
|
23. "Homeless individual" means any person who has a |
nontraditional
residence, including, but not limited to, a |
shelter, day shelter, park
bench, street corner, or space under |
a bridge.
|
(Source: P.A. 96-1000, eff. 7-2-10.)
|
(10 ILCS 5/1-10)
|
Sec. 1-10. Public comment. Notwithstanding any law to the |
contrary, the
State Board of Elections in
evaluating the |
feasibility of any new voting system shall seek and accept
|
public comment from persons with disabilities of the disabled |
community , including but not
limited to organizations of the |
blind.
|
(Source: P.A. 93-574, eff. 8-21-03.)
|
(10 ILCS 5/4-6) (from Ch. 46, par. 4-6)
|
Sec. 4-6.
For the purpose of registering voters under this |
Article in
addition to the method provided for precinct |
registration under Section
4-7, the office of the county clerk |
shall be open every day, except Saturday,
Sunday, and legal |
holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the
hours of |
registration shall be from 9:00 a.m. to 12:00 noon, and such
|
additional hours as the county clerk may designate. If, |
however, the county
board otherwise duly regulates and fixes |
the hours of opening and closing
of all county offices at the |
county seat of any county, such regulation
shall control and |
|
supersede the hours herein specified. There shall be no
|
registration at the office of the county clerk or at the office |
of municipal
and township or road district clerks serving as |
deputy
registrars during the 27 days preceding any regular or
|
special election at which the cards provided in this Article |
are used, or
until the 2nd day following such regular or |
special election;
provided, that if by reason of the proximity |
of any such elections to one
another the effect of this |
provision would be to close registrations for
all or any part |
of the 10 days immediately prior to such 27 day
period, the
|
county clerk shall accept, solely for use in the subsequent and |
not in any
intervening election, registrations and transfers of |
registration within
the period from the 27th to the 38th days, |
both inclusive, prior
to such
subsequent election. In any |
election called for
the submission of the revision or |
alteration of, or the amendments to the
Constitution, submitted |
by a Constitutional Convention, the final day for
registration |
at the office of the election authority charged with the
|
printing of the ballot of this election shall be the 15th day |
prior to the
date of election.
|
Any qualified person residing within the county or any |
portion thereof
subject to this Article may register or |
re-register with the county clerk.
|
Each county clerk shall appoint one or more registration or
|
re-registration teams for the purpose of accepting the |
registration or
re-registration of any voter who files an |
|
affidavit that he is physically
unable to appear at any |
appointed place of registration or re-registration.
Each team |
shall consist of one member of each political party having the
|
highest and second highest number of registered voters in the |
county. The
county clerk shall designate a team to visit each |
person with a disability disabled person and shall
accept the |
registration or re-registration of each such person as if he |
had
applied for registration or re-registration at the office |
of the county
clerk.
|
As used in this Article, "deputy registrars" and |
"registration
officers" mean any
person authorized to accept |
registrations of electors under this Article.
|
(Source: P.A. 92-816, eff. 8-21-02.)
|
(10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)
|
Sec. 4-8.01.
If an applicant for registration reports a |
permanent physical
disability which would require assistance |
in voting, the county clerk shall
mark all his registration |
cards in the right margin on the front of the
card with a band |
of ink running the full margin which shall be of contrast
to, |
and easily distinguishable from, the color of the card. If an |
applicant
for registration declares upon properly witnessed |
oath, with his signature
or mark affixed, that he cannot read |
the English language and that he will
require assistance in |
voting, all his registration cards shall be marked in
a manner |
similar to the marking on the cards of a voter who requires
|
|
assistance because of physical disability, except that the |
marking shall be
of a different distinguishing color. Following |
each election the cards of
any voter who has requested |
assistance as a voter with a disability disabled voter , and has |
stated
that the disability is permanent, or who has received |
assistance because of
inability to read the English language, |
shall be marked in the same manner.
|
(Source: Laws 1967, p. 3525.)
|
(10 ILCS 5/4-8.02) (from Ch. 46, par. 4-8.02)
|
Sec. 4-8.02.
Upon the issuance of a disabled voter's |
identification card for persons with disabilities as provided
|
in Section 19-12.1, the county clerk shall cause the |
identification number
of such card to be clearly noted on all |
the registration cards of such voter.
|
(Source: P.A. 78-320.)
|
(10 ILCS 5/5-5) (from Ch. 46, par. 5-5)
|
Sec. 5-5.
For the purpose of registering voters under this |
Article 5, in
addition to the method provided for precinct |
registration under Sections
5-6 and 5-17 of this Article 5, the |
office of the county clerk shall be
open between 9:00 a. m. and |
5:00 p. m. on all days except Saturday,
Sunday and holidays, |
but there shall be no registration at such office
during the 35 |
days immediately preceding any election required to be held
|
under the law but if no precinct registration is being |
|
conducted prior to
any election then registration may be taken |
in the office of the county
clerk up to and including the 28th |
day prior to an election. On
Saturdays,
the hours of |
registration shall be from 9:00 a. m. to 12:00 p. m. noon.
|
During such 35 or 27 day period, registration of electors of
|
political
subdivisions wherein a regular, or special election |
is required to be held
shall cease and shall not be resumed for |
the registration of electors of
such political subdivisions |
until the second day following the day of such
election. In any |
election called for the submission of the revision or
|
alteration of, or the amendments to the Constitution, submitted |
by a
Constitutional Convention, the final day for registration |
at the office of
the election authority charged with the |
printing of the ballot of this
election shall be the 15th day |
prior to the date of the election.
|
Each county clerk shall appoint one deputy for the purpose |
of
accepting the registration of any voter who files an |
affidavit that he
is physically unable to appear at any |
appointed place of registration.
The county clerk shall |
designate a deputy to visit each person with a disability |
disabled person
and shall accept the registration of each such |
person as if he had
applied for registration at the office of |
the county clerk.
|
The offices of city, village, incorporated town and town |
clerks shall
also be open for the purpose of registering voters |
residing in the
territory in which this Article is in effect, |
|
and also, in the case of
city, village and incorporated town |
clerks, for the purpose of registering
voters residing in a |
portion of the city, village or incorporated town not
located |
within the county, on all days on which the
office of the |
county clerk is open for the registration of voters of
such |
cities, villages, incorporated towns and townships.
|
(Source: P.A. 92-816, eff. 8-21-02.)
|
(10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)
|
Sec. 5-7.01.
If an applicant for registration reports a |
permanent physical
disability which would require assistance |
in voting, the county clerk shall
mark all his registration |
cards in the right margin on the front of the
card with a band |
of ink running the full margin which shall be of contrast
to, |
and easily distinguishable from, the color of the card. If an |
applicant
for registration declares upon properly witnessed |
oath, with his signature
or mark affixed, that he cannot read |
the English language and that he will
require assistance in |
voting, all his registration cards shall be marked in
a manner |
similar to the marking on the cards of a voter who requires
|
assistance because of physical disability, except that the |
marking shall be
of a different distinguishing color. Following |
each election the cards of
any voter who has requested |
assistance as a voter with a disability disabled voter , and has |
stated
that the disability is permanent, or who has received |
assistance because of
inability to read the English language, |
|
shall be marked in the same manner.
|
(Source: Laws 1967, p. 3524.)
|
(10 ILCS 5/5-7.02) (from Ch. 46, par. 5-7.02)
|
Sec. 5-7.02.
Upon the issuance of a disabled voter's |
identification card for persons with disabilities as provided
|
in Section 19-12.1, the county clerk shall cause the |
identification number
of such card to be clearly noted on all |
the registration cards of such voter.
|
(Source: P.A. 78-320.)
|
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
|
(Text of Section before amendment by P.A. 98-1171 )
|
Sec. 6-29.
For the purpose of registering voters under this |
Article,
the office of the Board of Election Commissioners |
shall be open during
ordinary business hours of each week day, |
from 9 a.m. to 12 o'clock noon
on the last four Saturdays |
immediately preceding the end of the period
of registration |
preceding each election, and such other days and such
other |
times as the board may direct. During the 27 days immediately
|
preceding any election there shall be no registration of voters |
at the
office of the Board of Election Commissioners in cities, |
villages and
incorporated towns of fewer than 200,000 |
inhabitants. In cities,
villages and incorporated towns of |
200,000 or more inhabitants, there
shall be no registration of |
voters at the office of the Board of
Election Commissioners |
|
during the 35 days immediately preceding any
election; |
provided, however, where no precinct registration is being
|
conducted prior to any election then registration may be taken |
in the
office of the Board up to and including the 28th day |
prior to such
election. The Board of Election Commissioners may |
set up and establish
as many branch offices for the purpose of |
taking registrations as it may
deem necessary, and the branch |
offices may be open on any or all dates
and hours during which |
registrations may be taken in the main office.
All officers and |
employees of the Board of Election Commissioners who
are |
authorized by such board to take registrations under this |
Article
shall be considered officers of the circuit court, and |
shall be subject
to the same control as is provided by Section |
14-5 of this Act with
respect to judges of election.
|
In any election called for the submission of the revision |
or
alteration of, or the amendments to the Constitution, |
submitted by a
Constitutional Convention, the final day for |
registration at the office
of the election authority charged |
with the printing of the ballot of
this election shall be the |
15th day prior to the date of election.
|
The Board of Election Commissioners shall appoint one or |
more
registration teams, consisting of 2 of its employees for |
each team, for
the purpose of accepting the registration of any |
voter who files an
affidavit, within the period for taking |
registrations provided for in
this Article, that he is |
physically unable to appear at the office of
the Board or at |
|
any appointed place of registration. On the day or days
when a |
precinct registration is being conducted such teams shall |
consist
of one member from each of the 2 leading political |
parties who are
serving on the Precinct Registration Board. |
Each team so designated
shall visit each person with a |
disability disabled person and shall accept the registration of
|
such person the same as if he had applied for registration in |
person.
|
Any otherwise qualified person who is absent from his |
county of
residence due to business of the United States, or |
who is temporarily residing
outside the territorial limits of |
the United
States, may make application to become registered by |
mail to the Board
of Election Commissioners within the periods |
for registration provided
for in this Article or by |
simultaneous application for absentee registration
and |
absentee ballot as provided in Article 20 of this Code.
|
Upon receipt of such application the Board of Election |
Commissioners
shall immediately mail an affidavit of |
registration in duplicate, which
affidavit shall contain the |
following and such other information as the
State Board of |
Elections may think it proper to require for the
identification |
of the applicant:
|
Name. The name of the applicant, giving surname and first |
or
Christian name in full, and the middle name or the initial |
for such
middle name, if any.
|
Sex.
|
|
Residence. The name and number of the street, avenue or |
other
location of the dwelling, and such additional clear and |
definite
description as may be necessary to determine the exact |
location of the
dwelling of the applicant. Where the location |
cannot be determined by
street and number, then the section, |
congressional township and range
number may be used, or such |
other information as may be necessary,
including post office |
mailing address.
|
Electronic mail address, if the registrant has provided |
this information. |
Term of residence in the State of Illinois and the |
precinct.
|
Nativity. The state or country in which the applicant was |
born.
|
Citizenship. Whether the applicant is native born or |
naturalized.
If naturalized, the court, place and date of |
naturalization.
|
Age. Date of birth, by month, day and year.
|
Out of State address of ..................
|
AFFIDAVIT OF REGISTRATION
|
State of .........)
|
) ss.
|
County of ........)
|
I hereby swear (or affirm) that I am a citizen of the |
United States;
that on the day of the next election I shall |
have resided in the State
of Illinois and in the election |
|
precinct 30 days; that I am fully
qualified to vote, that I am |
not registered to vote anywhere else in the
United States, that |
I intend to remain a resident of the State of
Illinois, and of |
the election precinct, that I intend to return to the State
of |
Illinois, and that the
above statements are true.
|
..............................
|
(His or her signature or mark)
|
Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
|
........................................
|
Signature of officer administering oath.
|
Upon receipt of the executed duplicate affidavit of |
Registration, the
Board of Election Commissioners shall |
transfer the information contained
thereon to duplicate |
Registration Cards provided for in Section 6-35 of
this Article |
and shall attach thereto a copy of each of the duplicate
|
affidavit of registration and thereafter such registration |
card and
affidavit shall constitute the registration of such |
person the same as
if he had applied for registration in |
person.
|
(Source: P.A. 98-115, eff. 10-1-13.)
|
(Text of Section after amendment by P.A. 98-1171 )
|
Sec. 6-29.
For the purpose of registering voters under this |
Article,
the office of the Board of Election Commissioners |
shall be open during
ordinary business hours of each week day, |
|
from 9 a.m. to 12 o'clock noon
on the last four Saturdays |
immediately preceding the end of the period
of registration |
preceding each election, and such other days and such
other |
times as the board may direct. During the 27 days immediately
|
preceding any election there shall be no registration of voters |
at the
office of the Board of Election Commissioners in cities, |
villages and
incorporated towns of fewer than 200,000 |
inhabitants. In cities,
villages and incorporated towns of |
200,000 or more inhabitants, there
shall be no registration of |
voters at the office of the Board of
Election Commissioners |
during the 35 days immediately preceding any
election; |
provided, however, where no precinct registration is being
|
conducted prior to any election then registration may be taken |
in the
office of the Board up to and including the 28th day |
prior to such
election. The Board of Election Commissioners may |
set up and establish
as many branch offices for the purpose of |
taking registrations as it may
deem necessary, and the branch |
offices may be open on any or all dates
and hours during which |
registrations may be taken in the main office.
All officers and |
employees of the Board of Election Commissioners who
are |
authorized by such board to take registrations under this |
Article
shall be considered officers of the circuit court, and |
shall be subject
to the same control as is provided by Section |
14-5 of this Act with
respect to judges of election.
|
In any election called for the submission of the revision |
or
alteration of, or the amendments to the Constitution, |
|
submitted by a
Constitutional Convention, the final day for |
registration at the office
of the election authority charged |
with the printing of the ballot of
this election shall be the |
15th day prior to the date of election.
|
The Board of Election Commissioners shall appoint one or |
more
registration teams, consisting of 2 of its employees for |
each team, for
the purpose of accepting the registration of any |
voter who files an
affidavit, within the period for taking |
registrations provided for in
this Article, that he is |
physically unable to appear at the office of
the Board or at |
any appointed place of registration. On the day or days
when a |
precinct registration is being conducted such teams shall |
consist
of one member from each of the 2 leading political |
parties who are
serving on the Precinct Registration Board. |
Each team so designated
shall visit each person with a |
disability disabled person and shall accept the registration of
|
such person the same as if he had applied for registration in |
person.
|
Any otherwise qualified person who is absent from his |
county of
residence due to business of the United States, or |
who is temporarily residing
outside the territorial limits of |
the United
States, may make application to become registered by |
mail to the Board
of Election Commissioners within the periods |
for registration provided
for in this Article or by |
simultaneous application for registration by mail
and vote by |
mail ballot as provided in Article 20 of this Code.
|
|
Upon receipt of such application the Board of Election |
Commissioners
shall immediately mail an affidavit of |
registration in duplicate, which
affidavit shall contain the |
following and such other information as the
State Board of |
Elections may think it proper to require for the
identification |
of the applicant:
|
Name. The name of the applicant, giving surname and first |
or
Christian name in full, and the middle name or the initial |
for such
middle name, if any.
|
Sex.
|
Residence. The name and number of the street, avenue or |
other
location of the dwelling, and such additional clear and |
definite
description as may be necessary to determine the exact |
location of the
dwelling of the applicant. Where the location |
cannot be determined by
street and number, then the section, |
congressional township and range
number may be used, or such |
other information as may be necessary,
including post office |
mailing address.
|
Electronic mail address, if the registrant has provided |
this information. |
Term of residence in the State of Illinois and the |
precinct.
|
Nativity. The state or country in which the applicant was |
born.
|
Citizenship. Whether the applicant is native born or |
naturalized.
If naturalized, the court, place and date of |
|
naturalization.
|
Age. Date of birth, by month, day and year.
|
Out of State address of ..................
|
AFFIDAVIT OF REGISTRATION
|
State of .........)
|
) ss.
|
County of ........)
|
I hereby swear (or affirm) that I am a citizen of the |
United States;
that on the day of the next election I shall |
have resided in the State
of Illinois and in the election |
precinct 30 days; that I am fully
qualified to vote, that I am |
not registered to vote anywhere else in the
United States, that |
I intend to remain a resident of the State of
Illinois, and of |
the election precinct, that I intend to return to the State
of |
Illinois, and that the
above statements are true.
|
..............................
|
(His or her signature or mark)
|
Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
|
........................................
|
Signature of officer administering oath.
|
Upon receipt of the executed duplicate affidavit of |
Registration, the
Board of Election Commissioners shall |
transfer the information contained
thereon to duplicate |
Registration Cards provided for in Section 6-35 of
this Article |
and shall attach thereto a copy of each of the duplicate
|
|
affidavit of registration and thereafter such registration |
card and
affidavit shall constitute the registration of such |
person the same as
if he had applied for registration in |
person.
|
(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
|
Sec. 6-35.01.
If an applicant for registration reports a |
permanent physical
disability which would require assistance |
in voting, the board of election
commissioners shall mark all |
his registration cards in the right margin on
the front of the |
card with a band of ink running the full margin which
shall be |
of contrast to, and easily distinguishable from, the color of |
the
card. If an applicant for registration declares upon |
properly witnessed
oath, with his signature or mark affixed, |
that he cannot read the English
language and that he will |
require assistance in voting, all his
registration cards shall |
be marked in a manner similar to the marking on
the cards of a |
voter who requires assistance because of physical
disability, |
except that the marking shall be of a different distinguishing
|
color. Following each election the cards of any voter who has |
requested
assistance as a voter with a disability disabled |
voter , and has stated that the disability is
permanent, or who |
has received assistance because of inability to read the
|
English language, shall be marked in the same manner.
|
(Source: Laws 1967, p. 3524.)
|
|
(10 ILCS 5/6-35.02) (from Ch. 46, par. 6-35.02)
|
Sec. 6-35.02.
Upon the issuance of a disabled voter's |
identification card for persons with disabilities as provided
|
in Section 19-12.1, the board of election commissioners shall |
cause the
identification number of such card to be clearly |
noted on all the
registration cards of such voter.
|
(Source: P.A. 78-320.)
|
(10 ILCS 5/6-50) (from Ch. 46, par. 6-50)
|
Sec. 6-50.
The office of the board of election |
commissioners shall be open
during ordinary business hours of |
each week day, from 9 a.m. to 12 o'clock noon
on the last four |
Saturdays immediately preceding the end of the period of
|
registration
preceding each election, and such other days and
|
such other times as the board may direct.
There shall be no |
registration at the office
of the board of election |
commissioners in cities, villages and incorporated
towns of |
fewer than 200,000 inhabitants during the 27 days preceding
any
|
primary, regular or special election at which the cards |
provided for in
this article are used, or until the second day |
following such primary,
regular or special election. In cities, |
villages and incorporated towns of
200,000 or more inhabitants, |
there shall be no registration of voters at
the office of the |
board of election commissioners during the 35 days
immediately |
preceding any election; provided, however, where no precinct
|
|
registration is being conducted prior to any election then |
registration may
be taken in the office of the board up to and |
including the 28th
day prior
to such election. In any election |
called for the submission of the revision
or alteration of, or |
the amendments to the Constitution, submitted by a
|
Constitutional Convention, the final day for registration at |
the office of
the election authority charged with the printing |
of the ballot of this
election shall be the 15th day prior to |
the date of election.
|
The Board of Election Commissioners shall appoint one or |
more
registration teams, each consisting of one member from |
each of the 2
leading political parties, for the purpose of |
accepting the registration of
any voter who files an affidavit, |
within the period for taking
registrations provided for in this |
Article, that he is physically unable to
appear at the office |
of the Board or at any appointed place of
registration. On the |
day or days when a precinct registration is being
conducted |
such teams shall consist of one member from each of the 2 |
leading
political parties who are serving on the precinct |
registration board. Each
team so designated shall visit each |
person with a disability disabled person and shall accept the
|
registration of such person the same as if he had applied for |
registration
in person.
|
The office of the board of election commissioners may be |
designated as a
place of registration under Section 6-51 of |
this Article and, if so
designated, may also be open for |
|
purposes of registration on such day or
days as may be |
specified by the board of election commissioners under the
|
provisions of that Section.
|
(Source: P.A. 92-816, eff. 8-21-02.)
|
(10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
|
(Text of Section before amendment by P.A. 98-1171 ) |
Sec. 7-15. At least 60 days prior to each general and |
consolidated primary,
the election authority shall provide |
public notice, calculated to reach
elderly voters and voters |
with disabilities and handicapped voters , of the availability |
of registration and
voting aids under the Federal Voting |
Accessibility for the Elderly and
Handicapped Act, of the |
availability of assistance in marking the ballot,
procedures |
for voting by absentee ballot, and procedures for early
voting
|
by personal appearance.
At least 20 days before the general |
primary the county
clerk of each county, and not more than 30 |
nor less than 10 days before
the consolidated primary the |
election authority, shall prepare in the
manner provided in |
this Act, a notice of such primary which notice shall
state the |
time and place of holding the primary, the hours during which
|
the polls will be open, the offices for which candidates will |
be
nominated at such primary and the political parties entitled |
to
participate therein, notwithstanding that no candidate of |
any such
political party may be entitled to have his name |
printed on the primary
ballot. Such notice shall also include |
|
the list of addresses of
precinct polling places for the |
consolidated primary unless such list is
separately published |
by the election authority not less than 10 days
before the |
consolidated primary.
|
In counties, municipalities, or towns having fewer than |
500,000
inhabitants notice of the general primary shall be |
published once in two
or more newspapers published in the |
county, municipality or town, as the
case may be, or if there |
is no such newspaper, then in any two or more
newspapers |
published in the county and having a general circulation
|
throughout the community.
|
In counties, municipalities, or towns having 500,000 or |
more
inhabitants notice of the general primary shall be |
published at least 15
days prior to the primary by the same |
authorities and in the same manner
as notice of election for |
general elections are required to be published
in counties, |
municipalities or towns of 500,000 or more inhabitants
under |
this Act.
|
Notice of the consolidated primary shall be published once |
in one or
more newspapers published in each political |
subdivision having such
primary, and if there is no such |
newspaper, then published once in a
local, community newspaper |
having general circulation in the
subdivision, and also once in |
a newspaper published in the county
wherein the political |
subdivisions, or portions thereof, having such
primary are |
situated.
|
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(Text of Section after amendment by P.A. 98-1171 ) |
Sec. 7-15. At least 60 days prior to each general and |
consolidated primary,
the election authority shall provide |
public notice, calculated to reach
elderly voters and voters |
with disabilities and handicapped voters , of the availability |
of registration and
voting aids under the Federal Voting |
Accessibility for the Elderly and
Handicapped Act, of the |
availability of assistance in marking the ballot,
procedures |
for voting by a vote by mail ballot, and procedures for early
|
voting
by personal appearance.
At least 20 days before the |
general primary the county
clerk of each county, and not more |
than 30 nor less than 10 days before
the consolidated primary |
the election authority, shall prepare in the
manner provided in |
this Act, a notice of such primary which notice shall
state the |
time and place of holding the primary, the hours during which
|
the polls will be open, the offices for which candidates will |
be
nominated at such primary and the political parties entitled |
to
participate therein, notwithstanding that no candidate of |
any such
political party may be entitled to have his name |
printed on the primary
ballot. Such notice shall also include |
the list of addresses of
precinct polling places for the |
consolidated primary unless such list is
separately published |
by the election authority not less than 10 days
before the |
consolidated primary.
|
|
In counties, municipalities, or towns having fewer than |
500,000
inhabitants notice of the general primary shall be |
published once in two
or more newspapers published in the |
county, municipality or town, as the
case may be, or if there |
is no such newspaper, then in any two or more
newspapers |
published in the county and having a general circulation
|
throughout the community.
|
In counties, municipalities, or towns having 500,000 or |
more
inhabitants notice of the general primary shall be |
published at least 15
days prior to the primary by the same |
authorities and in the same manner
as notice of election for |
general elections are required to be published
in counties, |
municipalities or towns of 500,000 or more inhabitants
under |
this Act.
|
Notice of the consolidated primary shall be published once |
in one or
more newspapers published in each political |
subdivision having such
primary, and if there is no such |
newspaper, then published once in a
local, community newspaper |
having general circulation in the
subdivision, and also once in |
a newspaper published in the county
wherein the political |
subdivisions, or portions thereof, having such
primary are |
situated.
|
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
|
(Text of Section before amendment by P.A. 98-1171 )
|
|
Sec. 11-4.1. (a) In appointing polling places under this |
Article, the
county board or board of election commissioners |
shall, insofar as they are
convenient and available, use |
schools and other public buildings as polling
places.
|
(b) Upon request of the county board or board of election |
commissioners,
the proper agency of government (including |
school districts and units of
local government) shall make a |
public building under its control available
for use as a |
polling place on an election day and for a reasonably
necessary |
time before and after election day, without charge.
If the |
county board or board of election commissioners chooses a |
school
to be a polling place, then the school district must |
make the school
available for use as a polling place.
However, |
for the day of the election, a school district is encouraged to |
(i) close the school or (ii) hold a teachers institute on that |
day with students not in attendance.
|
(c) A government agency which makes a public building under |
its
control available for use as a polling place shall (i) |
ensure the portion of
the building to be used as the polling |
place is accessible to voters with disabilities handicapped
and |
elderly voters and (ii) allow the election authority to |
administer the election as authorized under this Code.
|
(d) If a qualified elector's precinct polling place is a |
school and the elector will be unable to enter that polling |
place without violating Section 11-9.3 of the Criminal Code of |
2012 because the elector is a child sex offender as defined in |
|
Section 11-9.3 of the Criminal Code of 2012, that elector may |
vote by absentee ballot in accordance with Article 19 of this |
Code or may vote early in accordance with Article 19A of this |
Code. |
(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
|
(Text of Section after amendment by P.A. 98-1171 )
|
Sec. 11-4.1. (a) In appointing polling places under this |
Article, the
county board or board of election commissioners |
shall, insofar as they are
convenient and available, use |
schools and other public buildings as polling
places.
|
(b) Upon request of the county board or board of election |
commissioners,
the proper agency of government (including |
school districts and units of
local government) shall make a |
public building under its control available
for use as a |
polling place on an election day and for a reasonably
necessary |
time before and after election day, without charge.
If the |
county board or board of election commissioners chooses a |
school
to be a polling place, then the school district must |
make the school
available for use as a polling place.
However, |
for the day of the election, a school district is encouraged to |
(i) close the school or (ii) hold a teachers institute on that |
day with students not in attendance.
|
(c) A government agency which makes a public building under |
its
control available for use as a polling place shall (i) |
ensure the portion of
the building to be used as the polling |
|
place is accessible to voters with disabilities handicapped
and |
elderly voters and (ii) allow the election authority to |
administer the election as authorized under this Code.
|
(d) If a qualified elector's precinct polling place is a |
school and the elector will be unable to enter that polling |
place without violating Section 11-9.3 of the Criminal Code of |
2012 because the elector is a child sex offender as defined in |
Section 11-9.3 of the Criminal Code of 2012, that elector may |
vote by a vote by mail ballot in accordance with Article 19 of |
this Code or may vote early in accordance with Article 19A of |
this Code. |
(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14; |
98-1171, eff. 6-1-15.)
|
(10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)
|
Sec. 11-4.2.
(a) Except as otherwise provided in subsection |
(b) all
polling places shall be accessible to voters with |
disabilities handicapped and elderly voters, as
determined by |
rule of the State Board of Elections.
|
(b) Subsection (a) of this Section shall not apply to a |
polling place
(1) in the case of an emergency, as determined by |
the State Board of
Elections; or (2) if the State Board of |
Elections (A) determines that all
potential polling places have |
been surveyed and no such accessible place is
available, nor is |
the election authority able to make one accessible; and
(B) |
assures that any voter with a disability handicapped or elderly |
|
voter assigned to an
inaccessible polling place, upon advance |
request of such voter (pursuant to
procedures established by |
rule of the State Board of Elections) will be
provided with an |
alternative means for casting a ballot on the day of the
|
election or will be assigned to an accessible polling place.
|
(c) No later than December 31 of each even numbered year, |
the State
Board of Elections shall report to the Federal |
Election Commission the
number of accessible and inaccessible |
polling places in the State on the
date of the next preceding |
general election, and the reasons for any
instance of |
inaccessibility.
|
(Source: P.A. 84-808.)
|
(10 ILCS 5/11-4.3) (from Ch. 46, par. 11-4.3)
|
Sec. 11-4.3.
All polling places and permanent registration
|
facilities shall have available registration and voting aids |
for
persons with disabilities handicapped and elderly |
individuals including instructions, printed in
large type, |
conspicuously displayed.
|
(Source: P.A. 84-808.)
|
(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
|
(Text of Section before amendment by P.A. 98-1171 ) |
Sec. 12-1. At least 60 days prior to each general and |
consolidated election,
the election authority shall provide |
public notice, calculated to reach
elderly voters and voters |
|
with disabilities and handicapped voters , of the availability |
of registration and
voting aids under the Federal Voting |
Accessibility for the Elderly and
Handicapped Act, of the |
availability of assistance in marking the ballot,
procedures |
for voting by absentee ballot, and procedures for voting
early |
by personal appearance.
|
At least 30 days before any general election, and at least |
20 days
before any special congressional election, the
county |
clerk shall publish a notice of the election in 2 or more
|
newspapers published in the county, city, village,
|
incorporated town or town, as the case may be, or if there is |
no such
newspaper, then in any 2 or more newspapers published |
in the
county and having a general circulation throughout the |
community. The
notice may be substantially as follows:
|
Notice is hereby given that on (give date), at (give the |
place of
holding the election and the name of the precinct or |
district) in the
county of (name county), an election will be |
held for (give the title of
the several offices to be filled), |
which election will be open at 6:00
a.m. and continued open |
until 7:00 p.m. of that day.
|
Dated at .... on (insert date).
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(Text of Section after amendment by P.A. 98-1171 ) |
Sec. 12-1. At least 60 days prior to each general and |
consolidated election,
the election authority shall provide |
|
public notice, calculated to reach
elderly voters and voters |
with disabilities and handicapped voters , of the availability |
of registration and
voting aids under the Federal Voting |
Accessibility for the Elderly and
Handicapped Act, of the |
availability of assistance in marking the ballot,
procedures |
for voting by vote by mail ballot, and procedures for voting
|
early by personal appearance.
|
At least 30 days before any general election, and at least |
20 days
before any special congressional election, the
county |
clerk shall publish a notice of the election in 2 or more
|
newspapers published in the county, city, village,
|
incorporated town or town, as the case may be, or if there is |
no such
newspaper, then in any 2 or more newspapers published |
in the
county and having a general circulation throughout the |
community. The
notice may be substantially as follows:
|
Notice is hereby given that on (give date), at (give the |
place of
holding the election and the name of the precinct or |
district) in the
county of (name county), an election will be |
held for (give the title of
the several offices to be filled), |
which election will be open at 6:00
a.m. and continued open |
until 7:00 p.m. of that day.
|
Dated at .... on (insert date).
|
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
|
Sec. 17-13.
(a) In the case of an emergency, as determined |
|
by the
State Board of Elections, or if the Board determines |
that all potential
polling places have been surveyed by the |
election authority and that no
accessible polling place, as |
defined by rule of the State Board of
Elections, is available |
within a precinct nor is the election authority
able to make a |
polling place within the precinct temporarily accessible,
the |
Board, upon written application by the election authority, is
|
authorized to grant an exemption from the accessibility |
requirements of the
Federal Voting Accessibility for the |
Elderly and Handicapped Act (Public
Law 98-435). Such exemption |
shall be valid for a period of 2 years.
|
(b) Any voter with a temporary or permanent disability |
temporarily or permanently physically disabled voter who,
|
because of structural features of the building in which the |
polling place
is located, is unable to access or enter the |
polling place, may request
that 2 judges of election of |
opposite party affiliation deliver a ballot to
him or her at |
the point where he or she is unable to continue forward
motion |
toward the polling place; but, in no case, shall a ballot be
|
delivered to the voter beyond 50 feet of the entrance to the |
building in
which the polling place is located. Such request |
shall be made to the
election authority not later than the |
close of business at the election
authority's office on the day |
before the election and on a form prescribed
by the State Board |
of Elections. The election authority shall notify the
judges of |
election for the appropriate precinct polling places of such |
|
requests.
|
Weather permitting, 2 judges of election shall deliver to |
the
voter with a disability disabled voter the ballot which he |
or she is entitled to vote, a portable
voting booth or other |
enclosure that will allow such voter to mark his or
her ballot |
in secrecy, and a marking device.
|
(c) The voter must complete the entire voting process, |
including the
application for ballot from which the judges of |
election shall compare the
voter's signature with the signature |
on his or her registration record card
in the precinct binder.
|
After the voter has marked his or her ballot and placed it |
in the
ballot envelope (or folded it in the manner prescribed |
for paper ballots),
the 2 judges of election shall return the |
ballot to the polling place and
give it to the judge in charge |
of the ballot box who shall deposit it therein.
|
Pollwatchers as provided in Sections 7-34 and 17-23 of this |
Code shall
be permitted to accompany the judges and observe the |
above procedure.
|
No assistance may be given to such voter in marking his or |
her ballot,
unless the voter requests assistance and completes |
the affidavit required
by Section 17-14 of this Code.
|
(Source: P.A. 84-808.)
|
(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
|
Sec. 17-14. Any voter who declares upon oath, properly |
witnessed and with
his or her signature or mark affixed, that |
|
he or she requires
assistance to vote by reason of blindness, |
physical disability or inability
to read, write or speak the |
English language shall, upon request, be
assisted in marking |
his or her ballot, by 2 judges of
election of different |
political parties, to be selected by all
judges of election of |
each precinct at the opening of the polls or by a
person of the |
voter's choice, other than the voter's employer or agent of
|
that employer or officer or agent of the voter's union. A
voter |
who presents an Illinois Person with a Disability |
Identification Card, issued
to that person under the provisions |
of the Illinois Identification Card
Act, indicating that such |
voter has a Class 1A or Class 2 disability under
the provisions |
of Section 4A of the Illinois Identification Card Act, or a
|
voter who declares upon oath, properly witnessed, that by |
reason of any
physical
disability he is unable to mark his |
ballot shall, upon request, be assisted
in marking his ballot |
by 2 of the election officers of different parties as
provided |
above in this Section or by a person of the voter's choice |
other
than the voter's employer or agent of that employer or |
officer or agent of
the voter's union. Such voter shall state |
specifically the
reason why he cannot vote without assistance |
and, in the case of a
voter with a physical disability |
physically disabled voter , what his physical disability is. |
Prior to entering the voting
booth,
the person providing the |
assistance, if other than 2 judges of election,
shall be |
presented with written instructions on how assistance shall be
|
|
provided.
This instruction shall be prescribed by the State |
Board of Elections and shall
include the penalties for |
attempting to influence the voter's choice of
candidates, |
party, or votes in relation to any question on the ballot and |
for
not marking the ballot as directed by the voter. |
Additionally, the person
providing the assistance shall sign an |
oath, swearing not to influence the
voter's choice of |
candidates, party, or votes in relation to any question on
the |
ballot and to cast the ballot as directed by the voter. The |
oath shall be
prescribed by the State Board of Elections and |
shall include the penalty for
violating this Section. In the |
voting booth, such person
shall mark the
ballot as directed by |
the voter, and shall thereafter give no information
regarding |
the same. The judges of election shall enter upon the poll |
lists
or official poll record after the name of any elector who |
received such
assistance in marking his ballot a memorandum of |
the fact and if the
disability is permanent. Intoxication shall |
not be regarded as a physical
disability, and no intoxicated |
person shall be entitled to assistance in
marking his ballot.
|
No person shall secure or attempt to secure assistance in |
voting who is
not blind, a person with a physical disability, |
physically disabled or illiterate as herein provided, nor shall |
any
person knowingly assist a voter in voting contrary to the
|
provisions of this Section.
|
(Source: P.A. 97-1064, eff. 1-1-13.)
|
|
(10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
|
Sec. 17-17.
After the opening of the polls no adjournment |
shall be had
nor shall any recess be taken, until all the votes |
cast at such election
have been counted and the result publicly |
announced, except
that when
necessary one judge at a time may |
leave the polling place for a reasonable
time during the |
casting of ballots, and except that when a polling place is
|
inaccessible to a voter with a disability disabled voter , one |
team of 2 judges of opposite party
affiliation may leave the |
polling place to deliver a ballot to such voter,
as provided in |
Sections 7-47.1 and 17-13 of this Code. When a judge leaves
and |
returns, such judge shall sign a time sheet indicating the |
length of
the period such judge is absent from his duties. When |
absent, the judge
shall authorize someone of the same political |
party as himself to act for
him until he returns.
|
Where voting machines or electronic voting systems are |
used, the
provisions of this section may be modified as |
required or authorized by
Article 24 or Article 24A, whichever |
is applicable.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
|
Sec. 18-5.1.
The provisions of Section 17-13, insofar as |
they may be
made applicable to voters with disabilities |
disabled voters in elections under the jurisdiction of
boards |
of election commissioners, shall be applicable herein.
|
|
(Source: P.A. 84-808.)
|
(10 ILCS 5/19-5) (from Ch. 46, par. 19-5) |
(Text of Section before amendment by P.A. 98-1171 ) |
Sec. 19-5. It shall be the duty of the election authority |
to fold the
ballot or ballots in the manner specified by the |
statute for folding
ballots prior to their deposit in the |
ballot box, and to enclose such
ballot or ballots in an |
envelope unsealed to be furnished by him, which
envelope shall |
bear upon the face thereof the name, official title and
post |
office address of the election authority, and upon the other |
side
a printed certification in substantially the
following |
form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois, that I have lived at such |
address for .... months
last past; and that I am lawfully |
entitled to vote in such precinct at the
.... election to be |
held on .....
|
*fill in either (1), (2) or (3).
|
I further state that I personally marked the enclosed |
ballot in secret.
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set
forth in this certification are true |
|
and correct.
|
.......................
|
If the ballot is to go to an elector who is physically |
incapacitated and needs assistance marking the ballot,
the |
envelope shall bear upon the back thereof a certification in
|
substantially the following form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois, that I have lived at such |
address for .... months
last past; that I am lawfully entitled |
to vote in such precinct at the
.... election to be held on |
....; that I am physically incapable
of personally marking the |
ballot for
such election.
|
*fill in either (1), (2) or (3).
|
I further state that I marked the enclosed ballot in secret |
with the assistance of
|
.................................
|
(Individual rendering assistance)
|
.................................
|
(Residence Address)
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set forth
in this certification are true |
and correct.
|
.......................
|
|
In the case of a voter with a physical
incapacity, marking |
a ballot in secret includes marking a ballot with the
|
assistance of another individual, other than a candidate
whose |
name appears on the ballot (unless the voter is the spouse or a
|
parent, child, brother, or sister of the candidate),
the |
voter's employer, an
agent of that employer, or an officer or |
agent of the voter's union, when
the voter's physical |
incapacity necessitates such assistance.
|
In the case of a physically incapacitated voter, marking a |
ballot in secret includes marking a ballot with the
assistance |
of another individual, other than a candidate
whose name |
appears on the ballot (unless the voter is the spouse or a
|
parent, child, brother, or sister of the candidate), the |
voter's
employer, an
agent of that employer, or an officer or |
agent of the voter's union, when
the voter's physical |
incapacity necessitates such assistance.
|
Provided, that if the ballot enclosed is to be voted at a |
primary
election, the certification shall designate the name of |
the political
party with which the voter is affiliated.
|
In addition to the above, the election authority shall |
provide
printed slips giving full instructions regarding the |
manner of marking
and returning the ballot in order that the |
same may be counted, and
shall furnish one of such printed |
slips to each of such applicants at
the same time the ballot is |
delivered to him.
Such instructions shall include the following |
statement: "In signing the
certification on the absentee ballot |
|
envelope, you are attesting that you
personally marked this |
absentee ballot in secret. If you are physically
unable to mark |
the ballot, a friend or relative may assist you after
|
completing the enclosed affidavit. Federal and State laws |
prohibit a
candidate whose name appears on the ballot (unless |
you
are the spouse or a parent, child, brother, or sister of |
the candidate), your
employer, your employer's agent or an |
officer or agent of your union
from assisting voters with |
physical disabilities physically disabled voters ."
|
In addition to the above, if a ballot to be provided to an |
elector
pursuant to this Section contains a public question |
described in subsection
(b) of Section 28-6 and the territory |
concerning which the question is
to be submitted is not |
described on the ballot due to the space limitations
of such |
ballot, the election authority shall provide a printed copy of
|
a notice of the public question, which shall include a |
description of the
territory in the manner required by Section |
16-7. The notice shall be
furnished to the elector at the same |
time the ballot is delivered to the
elector.
|
(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
|
(Text of Section after amendment by P.A. 98-1171 ) |
Sec. 19-5. It shall be the duty of the election authority |
to fold the
ballot or ballots in the manner specified by the |
statute for folding
ballots prior to their deposit in the |
ballot box, and to enclose such
ballot or ballots in an |
|
envelope unsealed to be furnished by him, which
envelope shall |
bear upon the face thereof the name, official title and
post |
office address of the election authority, and upon the other |
side
a printed certification in substantially the
following |
form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois, that I have lived at such |
address for .... months
last past; and that I am lawfully |
entitled to vote in such precinct at the
.... election to be |
held on .....
|
*fill in either (1), (2) or (3).
|
I further state that I personally marked the enclosed |
ballot in secret.
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set
forth in this certification are true |
and correct.
|
.......................
|
If the ballot is to go to an elector who is physically |
incapacitated and needs assistance marking the ballot,
the |
envelope shall bear upon the back thereof a certification in
|
substantially the following form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
|
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois, that I have lived at such |
address for .... months
last past; that I am lawfully entitled |
to vote in such precinct at the
.... election to be held on |
....; that I am physically incapable
of personally marking the |
ballot for
such election.
|
*fill in either (1), (2) or (3).
|
I further state that I marked the enclosed ballot in secret |
with the assistance of
|
.................................
|
(Individual rendering assistance)
|
.................................
|
(Residence Address)
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set forth
in this certification are true |
and correct.
|
.......................
|
In the case of a voter with a physical
incapacity, marking |
a ballot in secret includes marking a ballot with the
|
assistance of another individual, other than a candidate
whose |
name appears on the ballot (unless the voter is the spouse or a
|
parent, child, brother, or sister of the candidate),
the |
voter's employer, an
agent of that employer, or an officer or |
agent of the voter's union, when
the voter's physical |
incapacity necessitates such assistance.
|
|
In the case of a physically incapacitated voter, marking a |
ballot in secret includes marking a ballot with the
assistance |
of another individual, other than a candidate
whose name |
appears on the ballot (unless the voter is the spouse or a
|
parent, child, brother, or sister of the candidate), the |
voter's
employer, an
agent of that employer, or an officer or |
agent of the voter's union, when
the voter's physical |
incapacity necessitates such assistance.
|
Provided, that if the ballot enclosed is to be voted at a |
primary
election, the certification shall designate the name of |
the political
party with which the voter is affiliated.
|
In addition to the above, the election authority shall |
provide
printed slips giving full instructions regarding the |
manner of marking
and returning the ballot in order that the |
same may be counted, and
shall furnish one of such printed |
slips to each of such applicants at
the same time the ballot is |
delivered to him.
Such instructions shall include the following |
statement: "In signing the
certification on the vote by mail |
ballot envelope, you are attesting that you
personally marked |
this vote by mail ballot in secret. If you are physically
|
unable to mark the ballot, a friend or relative may assist you |
after
completing the enclosed affidavit. Federal and State laws |
prohibit a
candidate whose name appears on the ballot (unless |
you
are the spouse or a parent, child, brother, or sister of |
the candidate), your
employer, your employer's agent or an |
officer or agent of your union
from assisting voters with |
|
physical disabilities physically disabled voters ."
|
In addition to the above, if a ballot to be provided to an |
elector
pursuant to this Section contains a public question |
described in subsection
(b) of Section 28-6 and the territory |
concerning which the question is
to be submitted is not |
described on the ballot due to the space limitations
of such |
ballot, the election authority shall provide a printed copy of
|
a notice of the public question, which shall include a |
description of the
territory in the manner required by Section |
16-7. The notice shall be
furnished to the elector at the same |
time the ballot is delivered to the
elector.
|
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
|
(Text of Section before amendment by P.A. 98-1171 )
|
Sec. 19-12.1.
Any qualified elector who has secured an |
Illinois
Person with a Disability Identification Card in |
accordance with the Illinois
Identification Card Act, |
indicating that the person named thereon has a Class
1A or |
Class 2 disability or any qualified voter who has a permanent |
physical
incapacity of such a nature as to make it improbable |
that he will be
able to be present at the polls at any future |
election, or any
voter who is a resident of (i) a federally |
operated veterans' home, hospital, or facility located in |
Illinois or (ii) a facility licensed or certified pursuant to
|
the Nursing Home Care Act, the Specialized Mental Health |
|
Rehabilitation Act of 2013, or the ID/DD Community Care Act and |
has a condition or disability of
such a nature as to make it |
improbable that he will be able to be present
at the polls at |
any future election, may secure a voter's identification card |
for persons with disabilities or a disabled voter's or
nursing |
home resident's identification card, which will enable him to |
vote
under this Article as a physically incapacitated or |
nursing home voter. For the purposes of this Section, |
"federally operated veterans' home, hospital, or facility" |
means the long-term care facilities at the Jesse Brown VA |
Medical Center, Illiana Health Care System, Edward Hines, Jr. |
VA Hospital, Marion VA Medical Center, and Captain James A. |
Lovell Federal Health Care Center.
|
Application for a voter's identification card for persons |
with disabilities or a disabled voter's or nursing home |
resident's
identification card shall be made either: (a) in |
writing, with voter's
sworn affidavit, to the county clerk or |
board of election commissioners, as
the case may be, and shall |
be accompanied
by the affidavit of the attending physician |
specifically describing the
nature of the physical incapacity |
or the fact that the voter is a nursing
home resident and is |
physically unable to be present at the polls on election
days; |
or (b) by presenting, in writing or otherwise, to the county |
clerk
or board of election commissioners, as the case may be, |
proof that the
applicant has secured an Illinois Person with a |
Disability Identification Card
indicating that the person |
|
named thereon has a Class 1A or Class 2 disability.
Upon the |
receipt of either the sworn-to
application and the physician's |
affidavit or proof that the applicant has
secured an Illinois |
Person with a Disability Identification Card indicating that |
the
person named thereon has a Class 1A or Class 2 disability, |
the county clerk
or board of election commissioners shall issue |
a voter's identification card for persons with disabilities or |
a disabled voter's or
nursing home resident's identification
|
card. Such identification cards shall be issued for a
period of |
5 years, upon the expiration of which time the voter may
secure |
a new card by making application in the same manner as is
|
prescribed for the issuance of an original card, accompanied by |
a new
affidavit of the attending physician. The date of |
expiration of such
five-year period shall be made known to any |
interested person by the
election authority upon the request of |
such person. Applications for the
renewal of the identification |
cards shall be mailed to the voters holding
such cards not less |
than 3 months prior to the date of expiration of the cards.
|
Each voter's identification card for persons with |
disabilities disabled voter's or nursing home resident's |
identification card
shall bear an identification number, which |
shall be clearly noted on the voter's
original and duplicate |
registration record cards. In the event the
holder becomes |
physically capable of resuming normal voting, he must
surrender |
his voter's identification card for persons with disabilities |
disabled voter's or nursing home resident's identification
|
|
card to the county clerk or board of election commissioners |
before the next election.
|
The holder of a voter's identification card for persons |
with disabilities or a disabled voter's or nursing home |
resident's
identification card may make application by mail for |
an official ballot
within the time prescribed by Section 19-2. |
Such application shall contain
the same information as is
|
included in the form of application for ballot by a physically
|
incapacitated elector prescribed in Section 19-3 except that it |
shall
also include the applicant's voter's identification card |
for persons with disabilities disabled voter's identification |
card number
and except that it need not be sworn to. If an |
examination of the records
discloses that the applicant is |
lawfully entitled to vote, he shall be
mailed a ballot as |
provided in Section 19-4. The ballot envelope shall
be the same |
as that prescribed in Section 19-5 for voters with physical |
disabilities physically disabled
voters , and the manner of |
voting and returning the ballot shall be the
same as that |
provided in this Article for other absentee ballots, except
|
that a statement to be subscribed to by the voter but which |
need not be
sworn to shall be placed on the ballot envelope in |
lieu of the affidavit
prescribed by Section 19-5.
|
Any person who knowingly subscribes to a false statement in
|
connection with voting under this Section shall be guilty of a |
Class A
misdemeanor.
|
For the purposes of this Section, "nursing home resident" |
|
includes a resident of (i) a federally operated veterans' home, |
hospital, or facility located in Illinois or (ii) a facility |
licensed under the ID/DD Community Care Act or the Specialized |
Mental Health Rehabilitation Act of 2013. For the purposes of |
this Section, "federally operated veterans' home, hospital, or |
facility" means the long-term care facilities at the Jesse |
Brown VA Medical Center, Illiana Health Care System, Edward |
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain |
James A. Lovell Federal Health Care Center. |
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, |
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; |
98-104, eff. 7-22-13.)
|
(Text of Section after amendment by P.A. 98-1171 )
|
Sec. 19-12.1.
Any qualified elector who has secured an |
Illinois
Person with a Disability Identification Card in |
accordance with the Illinois
Identification Card Act, |
indicating that the person named thereon has a Class
1A or |
Class 2 disability or any qualified voter who has a permanent |
physical
incapacity of such a nature as to make it improbable |
that he will be
able to be present at the polls at any future |
election, or any
voter who is a resident of (i) a federally |
operated veterans' home, hospital, or facility located in |
Illinois or (ii) a facility licensed or certified pursuant to
|
the Nursing Home Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, or the ID/DD Community Care Act and |
|
has a condition or disability of
such a nature as to make it |
improbable that he will be able to be present
at the polls at |
any future election, may secure a voter's identification card |
for persons with disabilities or a disabled voter's or
nursing |
home resident's identification card, which will enable him to |
vote
under this Article as a physically incapacitated or |
nursing home voter. For the purposes of this Section, |
"federally operated veterans' home, hospital, or facility" |
means the long-term care facilities at the Jesse Brown VA |
Medical Center, Illiana Health Care System, Edward Hines, Jr. |
VA Hospital, Marion VA Medical Center, and Captain James A. |
Lovell Federal Health Care Center.
|
Application for a voter's identification card for persons |
with disabilities or a disabled voter's or nursing home |
resident's
identification card shall be made either: (a) in |
writing, with voter's
sworn affidavit, to the county clerk or |
board of election commissioners, as
the case may be, and shall |
be accompanied
by the affidavit of the attending physician |
specifically describing the
nature of the physical incapacity |
or the fact that the voter is a nursing
home resident and is |
physically unable to be present at the polls on election
days; |
or (b) by presenting, in writing or otherwise, to the county |
clerk
or board of election commissioners, as the case may be, |
proof that the
applicant has secured an Illinois Person with a |
Disability Identification Card
indicating that the person |
named thereon has a Class 1A or Class 2 disability.
Upon the |
|
receipt of either the sworn-to
application and the physician's |
affidavit or proof that the applicant has
secured an Illinois |
Person with a Disability Identification Card indicating that |
the
person named thereon has a Class 1A or Class 2 disability, |
the county clerk
or board of election commissioners shall issue |
a voter's identification card for persons with disabilities or |
a disabled voter's or
nursing home resident's identification
|
card. Such identification cards shall be issued for a
period of |
5 years, upon the expiration of which time the voter may
secure |
a new card by making application in the same manner as is
|
prescribed for the issuance of an original card, accompanied by |
a new
affidavit of the attending physician. The date of |
expiration of such
five-year period shall be made known to any |
interested person by the
election authority upon the request of |
such person. Applications for the
renewal of the identification |
cards shall be mailed to the voters holding
such cards not less |
than 3 months prior to the date of expiration of the cards.
|
Each voter's identification card for persons with |
disabilities disabled voter's or nursing home resident's |
identification card
shall bear an identification number, which |
shall be clearly noted on the voter's
original and duplicate |
registration record cards. In the event the
holder becomes |
physically capable of resuming normal voting, he must
surrender |
his voter's identification card for persons with disabilities |
disabled voter's or nursing home resident's identification
|
card to the county clerk or board of election commissioners |
|
before the next election.
|
The holder of a voter's identification card for persons |
with disabilities or a disabled voter's or nursing home |
resident's
identification card may make application by mail for |
an official ballot
within the time prescribed by Section 19-2. |
Such application shall contain
the same information as is
|
included in the form of application for ballot by a physically
|
incapacitated elector prescribed in Section 19-3 except that it |
shall
also include the applicant's voter's identification card |
for persons with disabilities disabled voter's identification |
card number
and except that it need not be sworn to. If an |
examination of the records
discloses that the applicant is |
lawfully entitled to vote, he shall be
mailed a ballot as |
provided in Section 19-4. The ballot envelope shall
be the same |
as that prescribed in Section 19-5 for voters with physical |
disabilities physically disabled
voters , and the manner of |
voting and returning the ballot shall be the
same as that |
provided in this Article for other vote by mail ballots, except
|
that a statement to be subscribed to by the voter but which |
need not be
sworn to shall be placed on the ballot envelope in |
lieu of the affidavit
prescribed by Section 19-5.
|
Any person who knowingly subscribes to a false statement in
|
connection with voting under this Section shall be guilty of a |
Class A
misdemeanor.
|
For the purposes of this Section, "nursing home resident" |
includes a resident of (i) a federally operated veterans' home, |
|
hospital, or facility located in Illinois or (ii) a facility |
licensed under the ID/DD Community Care Act or the Specialized |
Mental Health Rehabilitation Act of 2013. For the purposes of |
this Section, "federally operated veterans' home, hospital, or |
facility" means the long-term care facilities at the Jesse |
Brown VA Medical Center, Illiana Health Care System, Edward |
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain |
James A. Lovell Federal Health Care Center. |
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, |
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; |
98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19A-21)
|
Sec. 19A-21. Use of local public buildings for early voting |
polling places. Upon request by an election authority, a unit |
of local government (as defined in Section 1 of Article VII of |
the Illinois Constitution, which does not include school |
districts) shall make the unit's public buildings within the |
election authority's jurisdiction available as permanent or |
temporary early voting polling places without charge. |
Availability of a building shall include reasonably necessary |
time before and after the period early voting is conducted at |
that building. |
A unit of local government making its public building |
available as a permanent or temporary early voting polling |
place shall ensure that any portion of the building made |
|
available is accessible to voters with disabilities |
handicapped and elderly voters.
|
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/19A-40)
|
Sec. 19A-40. Enclosure of ballots in envelope. It is the |
duty of the election judge or official to fold the
ballot or |
ballots in the manner specified by the statute for folding
|
ballots prior to their deposit in the ballot box, and to |
enclose the
ballot or ballots in an envelope unsealed to be |
furnished by him or her, which
envelope shall bear upon the |
face thereof the name, official title, and
post office address |
of the election authority, and upon the other side
a printed |
certification in substantially the
following form:
|
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in that city or town in the |
county of .... and
State of Illinois, that I have lived at that |
address for .... months
last past; that I am lawfully entitled |
to vote in that precinct at the
.... election to be held on |
.... .
|
*fill in either (1), (2) or (3).
|
I further state that I personally marked the enclosed |
ballot in secret.
|
Under penalties of perjury as provided by law pursuant to |
Section 29-10
of the Election Code, the undersigned certifies |
|
that the statements set
forth in this certification are true |
and correct.
|
.......................
|
If the ballot enclosed is to be voted at a primary
|
election, the certification shall designate the name of the |
political
party with which the voter is affiliated.
|
In addition to the above, the election authority shall |
provide
printed slips giving full instructions regarding the |
manner of marking
and returning the ballot in order that the |
same may be counted, and
shall furnish one of the printed slips |
to each of such applicants at
the same time the ballot is |
delivered to him or her.
The instructions shall include the |
following statement: "In signing the
certification on the early |
ballot envelope, you are attesting that you
personally marked |
this early ballot in secret.
If you are physically unable to |
mark the ballot, a friend or relative may
assist you. Federal |
and State laws prohibit your employer, your employer's
agent, |
or an officer or agent of your union from assisting voters with |
physical disabilities physically disabled
voters ."
|
In addition to the above, if a ballot to be provided to a |
voter
pursuant to this Section contains a public question |
described in subsection
(b) of Section 28-6 and the territory |
concerning which the question is
to be submitted is not |
described on the ballot due to the space limitations
of the |
ballot, the election authority shall provide a printed copy of
|
a notice of the public question, which shall include a |
|
description of the
territory in the manner required by Section |
16-7. The notice shall be
furnished to the voter at the same |
time the ballot is delivered to the
voter.
|
(Source: P.A. 94-645, eff. 8-22-05.)
|
(10 ILCS 5/24-9) (from Ch. 46, par. 24-9)
|
Sec. 24-9.
Assistance to illiterate voters and voters with |
disabilities and disabled voters shall be given in
accordance |
with the provisions in Section 17-14 of this Act.
|
(Source: Laws 1943, vol. 2, p. 1.)
|
(10 ILCS 5/24C-11)
|
(Text of Section before amendment by P.A. 98-1171 )
|
Sec. 24C-11. Functional requirements. A Direct Recording |
Electronic Voting System shall, in
addition to satisfying the |
other requirements of this Article,
fulfill the following |
functional requirements:
|
(a) Provide a voter in a primary election with the means
of |
casting a ballot containing votes for any and all candidates
of |
the party or parties of his or her choice, and for any and
all |
non-partisan candidates and public questions and preclude
the |
voter from voting for any candidate of any other political
|
party except when legally permitted. In a general election, the
|
system shall provide the voter with means of selecting the
|
appropriate number of candidates for any office, and of voting
|
on any public question on the ballot to which he or she is
|
|
entitled to vote.
|
(b) If a voter is not entitled to vote for particular
|
candidates or public questions appearing on the ballot, the
|
system shall prevent the selection of the prohibited votes.
|
(c) Once the proper ballot has been selected, the
system |
devices shall provide a means of enabling the recording
of |
votes and the casting of said ballot.
|
(d) System voting devices shall provide voting choices
that |
are clear to the voter and labels indicating the names of
every |
candidate and the text of every public question on the
voter's |
ballot. Each label shall identify the selection button
or |
switch, or the active area of the ballot associated with it.
|
The system shall be able to incorporate minimal, easy-to-follow
|
on-screen instruction for the voter on how to cast a ballot.
|
(e) Voting devices shall (i) enable the voter to vote for
|
any and all candidates and public questions appearing on the
|
ballot for which the voter is lawfully entitled to vote, in any
|
legal number and combination; (ii) detect and reject all votes
|
for an office or upon a public question when the voter has cast
|
more votes for the office or upon the public question than the
|
voter is entitled to cast; (iii) notify the voter if the |
voter's
choices as recorded on the ballot for an office or |
public
question are fewer than or exceed the number that the |
voter is
entitled to vote for on that office or public question |
and the
effect of casting more or fewer votes than legally |
permitted; (iv) notify
the voter if the voter has failed to |
|
completely cast a vote for
an office or public question |
appearing on the ballot; and (v)
permit the voter, in a private |
and independent manner, to verify
the votes selected by the |
voter, to change the ballot or to
correct any error on the |
ballot before the ballot is completely cast and
counted. A |
means shall be provided to indicate each selection
after it has |
been made or canceled.
|
(f) System voting devices shall provide a means for the
|
voter to signify that the selection of candidates and public
|
questions has been completed. Upon activation, the system shall
|
record an image of the completed ballot, increment the proper
|
ballot position registers, and shall signify to the voter that
|
the ballot has been cast. The system shall then prevent any
|
further attempt to vote until it has been reset or re-enabled |
by
a judge of election.
|
(g) Each system voting device shall be equipped with a
|
public counter that can be set to zero prior to the opening of
|
the polling place, and that records the number of ballots cast
|
at a particular election. The counter shall be incremented only
|
by the casting of a ballot. The counter shall be designed to
|
prevent disabling or resetting by other than authorized persons
|
after the polls close. The counter shall be visible to all
|
judges of election so long as the device is installed at the
|
polling place.
|
(h) Each system voting device shall be equipped with a
|
protective counter that records all of the testing and election
|
|
ballots cast since the unit was built. This counter shall be
|
designed so that its reading cannot be changed by any cause
|
other than the casting of a ballot. The protective counter
|
shall be incapable of ever being reset and it shall be visible
|
at all times when the device is configured for testing,
|
maintenance, or election use.
|
(i) All system devices shall provide a means of preventing
|
further voting once the polling place has closed and after all
|
eligible voters have voted. Such means of control shall
|
incorporate a visible indication of system status. Each device
|
shall prevent any unauthorized use, prevent tampering with
|
ballot labels and preclude its re-opening once the poll closing
|
has been completed for that election.
|
(j) The system shall produce a printed summary report of
|
the votes cast upon each voting device. Until the proper
|
sequence of events associated with closing the polling place |
has
been completed, the system shall not allow the printing of |
a
report or the extraction of data. The printed report shall |
also
contain all system audit information to be required by the
|
election authority. Data shall not be altered or otherwise
|
destroyed by report generation and the system shall ensure the
|
integrity and security of data for a period of at least 6 |
months
after the polls close.
|
(k) If more than one voting device is used in a polling
|
place, the system shall provide a means to manually or
|
electronically consolidate the data from all such units into a
|
|
single report even if different voting systems are used to
|
record absentee ballots. The system shall also be capable of
|
merging the vote tabulation results produced by other vote
|
tabulation systems, if necessary.
|
(l) System functions shall be implemented such that
|
unauthorized access to them is prevented and the execution of
|
authorized functions in an improper sequence is precluded.
|
System functions shall be executable only in the intended |
manner
and order, and only under the intended conditions. If |
the
preconditions to a system function have not been met, the
|
function shall be precluded from executing by the system's
|
control logic.
|
(m) All system voting devices shall incorporate at least 3
|
memories in the machine itself and in its programmable memory
|
devices.
|
(n) The system shall include capabilities of recording and
|
reporting the date and time of normal and abnormal events and |
of
maintaining a permanent record of audit information that |
cannot
be turned off. Provisions shall be made to detect and |
record
significant events (e.g., casting a ballot, error |
conditions
that cannot be disposed of by the system itself, |
time-dependent
or programmed events that occur without the |
intervention of the
voter or a judge of election).
|
(o) The system and each system voting device must be
|
capable of creating, printing and maintaining a permanent paper
|
record and an electronic image of each ballot that is cast such
|
|
that records of individual ballots are maintained by a |
subsystem
independent and distinct from the main vote |
detection,
interpretation, processing and reporting path. The |
electronic
images of each ballot must protect the integrity of |
the data and
the anonymity of each voter, for example, by means |
of storage
location scrambling. The ballot image records may be |
either
machine-readable or manually transcribed, or both, at |
the
discretion of the election authority.
|
(p) The system shall include built-in test, measurement
and |
diagnostic software and hardware for detecting and reporting
|
the system's status and degree of operability.
|
(q) The system shall contain provisions for maintaining
the |
integrity of memory voting and audit data during an election
|
and for a period of at least 6 months thereafter and shall
|
provide the means for creating an audit trail.
|
(r) The system shall be fully accessible so as to permit |
blind or
visually impaired voters as well as voters with |
physical disabilities physically disabled voters
to exercise |
their right to vote in private and without
assistance.
|
(s) The system shall provide alternative language
|
accessibility if required pursuant to Section 203 of the Voting
|
Rights Act of 1965.
|
(t) Each voting device shall enable a voter to vote for a
|
person whose name does not appear on the ballot.
|
(u) The system shall record and count accurately each vote
|
properly cast for or against any candidate and for or against
|
|
any public question, including the names of all candidates |
whose
names are written in by the voters.
|
(v) The system shall allow for accepting provisional
|
ballots and for separating such provisional ballots from
|
precinct totals until authorized by the election authority.
|
(w) The system shall provide an effective audit trail as
|
defined in Section 24C-2 in this Code.
|
(x) The system shall be suitably designed for the purpose
|
used, be durably constructed, and be designed for safety,
|
accuracy and efficiency.
|
(y) The system shall comply with all provisions of
federal, |
State and local election laws and regulations and any
future |
modifications to those laws and regulations.
|
(Source: P.A. 95-699, eff. 11-9-07.)
|
(Text of Section after amendment by P.A. 98-1171 )
|
Sec. 24C-11. Functional requirements. A Direct Recording |
Electronic Voting System shall, in
addition to satisfying the |
other requirements of this Article,
fulfill the following |
functional requirements:
|
(a) Provide a voter in a primary election with the means
of |
casting a ballot containing votes for any and all candidates
of |
the party or parties of his or her choice, and for any and
all |
non-partisan candidates and public questions and preclude
the |
voter from voting for any candidate of any other political
|
party except when legally permitted. In a general election, the
|
|
system shall provide the voter with means of selecting the
|
appropriate number of candidates for any office, and of voting
|
on any public question on the ballot to which he or she is
|
entitled to vote.
|
(b) If a voter is not entitled to vote for particular
|
candidates or public questions appearing on the ballot, the
|
system shall prevent the selection of the prohibited votes.
|
(c) Once the proper ballot has been selected, the
system |
devices shall provide a means of enabling the recording
of |
votes and the casting of said ballot.
|
(d) System voting devices shall provide voting choices
that |
are clear to the voter and labels indicating the names of
every |
candidate and the text of every public question on the
voter's |
ballot. Each label shall identify the selection button
or |
switch, or the active area of the ballot associated with it.
|
The system shall be able to incorporate minimal, easy-to-follow
|
on-screen instruction for the voter on how to cast a ballot.
|
(e) Voting devices shall (i) enable the voter to vote for
|
any and all candidates and public questions appearing on the
|
ballot for which the voter is lawfully entitled to vote, in any
|
legal number and combination; (ii) detect and reject all votes
|
for an office or upon a public question when the voter has cast
|
more votes for the office or upon the public question than the
|
voter is entitled to cast; (iii) notify the voter if the |
voter's
choices as recorded on the ballot for an office or |
public
question are fewer than or exceed the number that the |
|
voter is
entitled to vote for on that office or public question |
and the
effect of casting more or fewer votes than legally |
permitted; (iv) notify
the voter if the voter has failed to |
completely cast a vote for
an office or public question |
appearing on the ballot; and (v)
permit the voter, in a private |
and independent manner, to verify
the votes selected by the |
voter, to change the ballot or to
correct any error on the |
ballot before the ballot is completely cast and
counted. A |
means shall be provided to indicate each selection
after it has |
been made or canceled.
|
(f) System voting devices shall provide a means for the
|
voter to signify that the selection of candidates and public
|
questions has been completed. Upon activation, the system shall
|
record an image of the completed ballot, increment the proper
|
ballot position registers, and shall signify to the voter that
|
the ballot has been cast. The system shall then prevent any
|
further attempt to vote until it has been reset or re-enabled |
by
a judge of election.
|
(g) Each system voting device shall be equipped with a
|
public counter that can be set to zero prior to the opening of
|
the polling place, and that records the number of ballots cast
|
at a particular election. The counter shall be incremented only
|
by the casting of a ballot. The counter shall be designed to
|
prevent disabling or resetting by other than authorized persons
|
after the polls close. The counter shall be visible to all
|
judges of election so long as the device is installed at the
|
|
polling place.
|
(h) Each system voting device shall be equipped with a
|
protective counter that records all of the testing and election
|
ballots cast since the unit was built. This counter shall be
|
designed so that its reading cannot be changed by any cause
|
other than the casting of a ballot. The protective counter
|
shall be incapable of ever being reset and it shall be visible
|
at all times when the device is configured for testing,
|
maintenance, or election use.
|
(i) All system devices shall provide a means of preventing
|
further voting once the polling place has closed and after all
|
eligible voters have voted. Such means of control shall
|
incorporate a visible indication of system status. Each device
|
shall prevent any unauthorized use, prevent tampering with
|
ballot labels and preclude its re-opening once the poll closing
|
has been completed for that election.
|
(j) The system shall produce a printed summary report of
|
the votes cast upon each voting device. Until the proper
|
sequence of events associated with closing the polling place |
has
been completed, the system shall not allow the printing of |
a
report or the extraction of data. The printed report shall |
also
contain all system audit information to be required by the
|
election authority. Data shall not be altered or otherwise
|
destroyed by report generation and the system shall ensure the
|
integrity and security of data for a period of at least 6 |
months
after the polls close.
|
|
(k) If more than one voting device is used in a polling
|
place, the system shall provide a means to manually or
|
electronically consolidate the data from all such units into a
|
single report even if different voting systems are used to
|
record ballots. The system shall also be capable of
merging the |
vote tabulation results produced by other vote
tabulation |
systems, if necessary.
|
(l) System functions shall be implemented such that
|
unauthorized access to them is prevented and the execution of
|
authorized functions in an improper sequence is precluded.
|
System functions shall be executable only in the intended |
manner
and order, and only under the intended conditions. If |
the
preconditions to a system function have not been met, the
|
function shall be precluded from executing by the system's
|
control logic.
|
(m) All system voting devices shall incorporate at least 3
|
memories in the machine itself and in its programmable memory
|
devices.
|
(n) The system shall include capabilities of recording and
|
reporting the date and time of normal and abnormal events and |
of
maintaining a permanent record of audit information that |
cannot
be turned off. Provisions shall be made to detect and |
record
significant events (e.g., casting a ballot, error |
conditions
that cannot be disposed of by the system itself, |
time-dependent
or programmed events that occur without the |
intervention of the
voter or a judge of election).
|
|
(o) The system and each system voting device must be
|
capable of creating, printing and maintaining a permanent paper
|
record and an electronic image of each ballot that is cast such
|
that records of individual ballots are maintained by a |
subsystem
independent and distinct from the main vote |
detection,
interpretation, processing and reporting path. The |
electronic
images of each ballot must protect the integrity of |
the data and
the anonymity of each voter, for example, by means |
of storage
location scrambling. The ballot image records may be |
either
machine-readable or manually transcribed, or both, at |
the
discretion of the election authority.
|
(p) The system shall include built-in test, measurement
and |
diagnostic software and hardware for detecting and reporting
|
the system's status and degree of operability.
|
(q) The system shall contain provisions for maintaining
the |
integrity of memory voting and audit data during an election
|
and for a period of at least 6 months thereafter and shall
|
provide the means for creating an audit trail.
|
(r) The system shall be fully accessible so as to permit |
blind or
visually impaired voters as well as voters with |
physical disabilities physically disabled voters
to exercise |
their right to vote in private and without
assistance.
|
(s) The system shall provide alternative language
|
accessibility if required pursuant to Section 203 of the Voting
|
Rights Act of 1965.
|
(t) Each voting device shall enable a voter to vote for a
|
|
person whose name does not appear on the ballot.
|
(u) The system shall record and count accurately each vote
|
properly cast for or against any candidate and for or against
|
any public question, including the names of all candidates |
whose
names are written in by the voters.
|
(v) The system shall allow for accepting provisional
|
ballots and for separating such provisional ballots from
|
precinct totals until authorized by the election authority.
|
(w) The system shall provide an effective audit trail as
|
defined in Section 24C-2 in this Code.
|
(x) The system shall be suitably designed for the purpose
|
used, be durably constructed, and be designed for safety,
|
accuracy and efficiency.
|
(y) The system shall comply with all provisions of
federal, |
State and local election laws and regulations and any
future |
modifications to those laws and regulations.
|
(Source: P.A. 98-1171, eff. 6-1-15.)
|
Section 50. The State Budget Law of the Civil |
Administrative Code of Illinois is amended by changing Section |
50-10 as follows:
|
(15 ILCS 20/50-10) (was 15 ILCS 20/38.1) |
Sec. 50-10. Budget contents. The budget shall be submitted |
by
the
Governor with line item and program
data. The budget |
shall also contain performance data presenting
an estimate for |
|
the current fiscal year, projections for the
budget year, and |
information for the 3 prior fiscal years
comparing department |
objectives with actual accomplishments,
formulated according |
to the various functions and activities,
and, wherever the |
nature of the work admits, according to the
work units, for |
which the respective departments, offices, and
institutions of |
the State government (including the elective
officers in the |
executive department and including the University
of Illinois |
and the judicial department) are responsible. |
For the fiscal
year beginning July 1, 1992 and for each |
fiscal year thereafter, the budget
shall include the |
performance measures of each department's accountability
|
report. |
For the fiscal year beginning July 1, 1997 and for each
|
fiscal year thereafter, the budget shall include one or more |
line items
appropriating moneys to the Department of Human |
Services to
fund participation in the Home-Based Support |
Services Program for Adults with Mental Disabilities Mentally
|
Disabled Adults under the Developmental Disability and Mental |
Disability
Services Act by persons described in Section 2-17 of |
that Act. |
The budget
shall contain a capital development
section in |
which the Governor will present (1) information on the capital
|
projects and capital programs for which appropriations are |
requested,
(2) the capital spending plans, which shall document |
the first
and subsequent years cash requirements by fund for |
|
the proposed
bonded program, and (3) a statement that shall |
identify by
year
the principal and interest costs until |
retirement of the State's
general obligation debt. In addition, |
the principal and interest
costs of the budget year program |
shall be presented separately,
to indicate the marginal cost of |
principal and interest payments
necessary to retire the |
additional bonds needed to finance the
budget year's capital |
program. In 2004 only, the capital development section of the |
State budget shall be submitted by the Governor not later than |
the fourth Tuesday of March (March 23, 2004).
|
The budget shall contain a section indicating whether there |
is a projected budget surplus or a projected budget deficit for |
general funds in the current fiscal year, or whether the |
current fiscal year's general funds budget is projected to be |
balanced, based on estimates prepared by the Governor's Office |
of Management and Budget using actual figures available on the |
date the budget is submitted. That section shall present this |
information in both a numerical table format and by way of a |
narrative description, and shall include information for the |
proposed upcoming fiscal year, the current fiscal year, and the |
2 years prior to the current fiscal year. These estimates must |
specifically and separately identify any non-recurring |
revenues, including, but not limited to, borrowed money, money |
derived by borrowing or transferring from other funds, or any |
non-operating financial source. None of these specifically and |
separately identified non-recurring revenues may include any |
|
revenue that cannot be realized without a change to law. The |
table shall show accounts payable at the end of each fiscal |
year in a manner that specifically and separately identifies |
any general funds liabilities accrued during the current and |
prior fiscal years that may be paid from future fiscal years' |
appropriations, including, but not limited to, costs that may |
be paid beyond the end of the lapse period as set forth in |
Section 25 of the State Finance Act and costs incurred by the |
Department on Aging. The section shall also include an estimate |
of individual and corporate income tax overpayments that will |
not be refunded before the close of the fiscal year. |
For the budget year, the current
year, and 3 prior fiscal |
years, the Governor shall also include
in the budget estimates |
of or actual values for the assets and
liabilities for General |
Assembly Retirement System, State Employees'
Retirement System |
of Illinois, State Universities Retirement System,
Teachers' |
Retirement System of the State of Illinois, and Judges
|
Retirement System of Illinois. |
The budget submitted by the Governor
shall contain, in |
addition, in a separate book, a tabulation of all
position and |
employment titles in each such department, office, and
|
institution, the number of each, and the salaries for each,
|
formulated according to divisions, bureaus, sections, offices,
|
departments, boards, and similar subdivisions, which shall
|
correspond as nearly as practicable to the functions and |
activities
for which the department, office, or institution is |
|
responsible. |
Together with the budget, the Governor shall transmit the
|
estimates of
receipts and expenditures, as received by the |
Director
of the
Governor's Office of Management and Budget, of |
the elective officers
in the executive and judicial departments |
and
of the University of Illinois. |
An applicable appropriations committee of each chamber of |
the General Assembly, for fiscal year 2012 and thereafter, must |
review individual line item appropriations and the total budget |
for each State agency, as defined in the Illinois State |
Auditing Act. |
(Source: P.A. 98-460, eff. 1-1-14.)
|
Section 55. The Civil and Equal Rights Enforcement Act is |
amended by changing Section 1 as follows:
|
(15 ILCS 210/1) (from Ch. 14, par. 9)
|
Sec. 1.
There is created in the office of the Attorney |
General a
Division for the Enforcement of Civil and Equal |
Rights. The Division,
under the supervision and direction of |
the Attorney General, shall
investigate all violations of the |
laws relating to civil rights and the
prevention of |
discriminations against persons by reason of race, color,
|
creed, religion, sex, national origin, or physical or mental |
disability handicap ,
and shall, whenever such
violations are |
established, undertake necessary enforcement measures.
|
|
(Source: P.A. 80-358.)
|
Section 60. The Secretary of State Merit Employment Code is |
amended by changing Sections 18a, 18b, and 18c as follows:
|
(15 ILCS 310/18a) (from Ch. 124, par. 118a)
|
Sec. 18a. Equal Employment Opportunity Plan. The Equal |
Employment Opportunity
Officer shall, within 90 days after the |
effective date of this Act and annually
thereafter, submit to |
the Secretary of State a plan for assuring equal employment
|
opportunity. This plan shall include a current detailed status |
report (a)
indicating, by each position in the service of the |
Secretary of State, the
number, percentage, and average salary |
of women, minorities, and individuals with disabilities |
handicapped
individuals employed; (b) identifying all |
positions in which the percentage
of women, minorities, and |
individuals with disabilities handicapped employed is less |
than 4/5 the percentage
of women, minorities, and individuals |
with disabilities handicapped in the State work force; (c) |
specifying
the goals and methods for increasing the percentage |
of women, minorities,
and individuals with disabilities |
handicapped employed in these positions; and (d) indicating |
progress
and problems towards meeting equal employment |
opportunity goals.
|
(Source: P.A. 80-13.)
|
|
(15 ILCS 310/18b) (from Ch. 124, par. 118b)
|
Sec. 18b.
Duties of Secretary of State's Equal Employment |
Opportunity
Officer. The Secretary of State's Equal Employment |
Opportunity Officer shall:
|
(1) set forth a detailed and uniform method and requirement |
by which the
Office of the Secretary of State shall develop and |
implement equal employment
opportunity plans as required in |
Section 19;
|
(2) establish reporting procedures for measuring progress |
and evaluation
performance in achieving equal employment |
opportunity goals;
|
(3) provide technical assistance and training to officials |
of the Office
of the Secretary of State in achieving equal |
employment opportunity goals;
|
(4) develop and implement training programs to help women, |
minorities,
and individuals with disabilities handicapped |
individuals qualified for government positions and positions
|
with government contractors;
|
(5) report quarterly to the Secretary of State on progress, |
performance,
and problems in meeting equal employment |
opportunity goals; and
|
(6) head a staff to assist him or her in performing his or |
her powers and duties.
|
(Source: P.A. 80-13.)
|
(15 ILCS 310/18c) (from Ch. 124, par. 118c)
|
|
Sec. 18c. Supported employees.
|
(a) The Director shall develop and implement a supported |
employment
program. It shall be the goal of the program to |
appoint a minimum of 10
supported employees to Secretary of |
State positions before June 30, 1992.
|
(b) The Director shall designate a liaison to work with |
State agencies
and departments under the jurisdiction of the |
Secretary of State and any
funder or provider or both in the |
implementation of a supported employment
program.
|
(c) As used in this Section:
|
(1) "Supported employee" means any individual who:
|
(A) has a severe physical or mental disability |
which seriously limits
functional capacities including |
but not limited to mobility, communication,
self-care, |
self-direction, work tolerance or work skills, in |
terms of
employability as defined, determined and |
certified by the Department of
Human Services; and
|
(B) has one or more physical or mental disabilities |
resulting from
amputation; arthritis; blindness; |
cancer; cerebral palsy; cystic fibrosis;
deafness; |
heart disease; hemiplegia; respiratory or pulmonary |
dysfunction; an intellectual disability; mental |
illness; multiple sclerosis; muscular dystrophy;
|
musculoskeletal disorders; neurological disorders, |
including stroke and
epilepsy; paraplegia; |
quadriplegia and other spinal cord conditions; sickle
|
|
cell anemia; and end-stage renal disease; or another |
disability or
combination of disabilities determined |
on the basis of an evaluation of
rehabilitation |
potential to cause comparable substantial functional |
limitation.
|
(2) "Supported employment" means competitive work in
|
integrated work settings:
|
(A) for individuals with severe disabilities |
handicaps for whom competitive
employment has not |
traditionally occurred, or
|
(B) for individuals for whom competitive |
employment has been
interrupted or intermittent as a |
result of a severe disability, and who
because of their |
disability handicap , need on-going support services to |
perform such
work. The term includes transitional |
employment for individuals with
chronic mental |
illness.
|
(3) "Participation in a supported employee program" |
means participation
as a supported employee that is not |
based on the expectation that an
individual will have the |
skills to perform all the duties in a job class,
but on the |
assumption that with support and adaptation, or both, a job |
can
be designed to take advantage of the supported |
employee's special strengths.
|
(4) "Funder" means any entity either State, local or |
federal, or
private not-for-profit or for-profit that |
|
provides monies to programs that
provide services related |
to supported employment.
|
(5) "Provider" means any entity either public or |
private that provides
technical support and services to any |
department or agency subject to the
control of the |
Governor, the Secretary of State or the University
Civil |
Service System.
|
(d) The Director shall establish job classifications for |
supported
employees who may be appointed into the |
classifications without open
competitive testing requirements. |
Supported employees shall serve in a
trial employment capacity |
for not less than 3 or more than 12 months.
|
(e) The Director shall maintain a record of all individuals |
hired as
supported employees. The record shall include:
|
(1) the number of supported employees initially |
appointed;
|
(2) the number of supported employees who successfully |
complete the
trial employment periods; and
|
(3) the number of permanent targeted positions by |
titles.
|
(f) The Director shall submit an annual report to the |
General
Assembly regarding the employment progress of |
supported employees, with
recommendations for legislative |
action.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
|
Section 65. The State Library Act is amended by changing |
Section 18 as follows:
|
(15 ILCS 320/18) (from Ch. 128, par. 118)
|
Sec. 18.
Federal
aid.
The Secretary of State and State |
Librarian is authorized and empowered
to do all things |
necessary and proper to fully cooperate with the United
States
|
government in the administering of any Act
heretofore, or |
hereafter enacted for the purpose of appropriation of funds
for |
the payment of salaries,
library materials, access to |
electronic resources, library supplies,
equipment, the |
construction of library buildings, library services throughout |
the State, and
for library services to
persons with physical |
disabilities the physically handicapped .
|
(Source: P.A. 91-507, eff. 8-13-99.)
|
Section 70. The Accessible Electronic Information Act is |
amended by changing Sections 5, 10, and 15 as follows:
|
(15 ILCS 323/5)
|
Sec. 5. Legislative findings. The Legislature finds and |
declares all of the following: |
(a) Thousands of citizens in this State have disabilities |
(including blindness or visual impairment) that prevent them |
from using conventional print material. |
(b) The State fulfills an important responsibility by |
|
providing books and magazines prepared in Braille, audio, and |
large-type formats made available to eligible blind persons and |
persons with disabilities blind and disabled persons . |
(c) The technology, transcription methods, and means of |
distribution used for these materials are labor-intensive and |
cannot support rapid dissemination to individuals in rural and |
urban areas throughout the State.
|
(d) Lack of direct and prompt access to information |
included in newspapers, magazines, newsletters, schedules, |
announcements, and other time-sensitive materials limits |
educational opportunities, literacy, and full participation in |
society by blind persons and persons with disabilities and |
disabled persons .
|
(Source: P.A. 93-797, eff. 7-22-04.)
|
(15 ILCS 323/10)
|
Sec. 10. Definitions. As used in this Act: |
"Accessible electronic information service" means news and |
other timely information (including newspapers) provided to |
eligible individuals from a multi-state service center, using |
high-speed computers and telecommunications technology for |
interstate acquisition of content and rapid distribution in a |
form appropriate for use by such individuals. |
" Blind persons and persons with disabilities Blind and |
disabled persons " means those individuals who are eligible for |
library loan services through the Library of Congress and the |
|
State Library for the Blind and Physically Handicapped pursuant |
to 36 CFR 701.10(b). |
"Director" means the State Librarian. |
"Qualified entity" means an agency, instrumentality, or |
political subdivision of the State or a nonprofit organization |
that: |
(1) provides interstate access for eligible persons to |
read daily newspapers by producing audio editions by |
computer; and |
(2) provides a means of program administration and |
reader registration on the Internet.
|
(Source: P.A. 93-797, eff. 7-22-04.)
|
(15 ILCS 323/15)
|
Sec. 15. Accessible electronic information service |
program. The Director by rule shall develop and implement a |
program of grants to qualified entities for the provision of |
accessible electronic information service to blind persons and |
persons with disabilities blind and disabled persons |
throughout Illinois. The grants shall be funded through |
appropriations from the Accessible Electronic Information |
Service Fund established in Section 20.
|
(Source: P.A. 93-797, eff. 7-22-04.)
|
Section 75. The Illinois Identification Card Act is amended |
by changing Sections 2, 4, 4A, and 13 as follows:
|
|
(15 ILCS 335/2) (from Ch. 124, par. 22)
|
Sec. 2. Administration and powers and duties of the |
Administrator. |
(a) The Secretary of State is the Administrator of this |
Act, and he is
charged with the duty of observing, |
administering and enforcing the
provisions of this Act.
|
(b) The Secretary is vested with the powers and duties for |
the
proper administration of this Act as follows:
|
1. He shall organize the administration of this Act as |
he may deem
necessary and appoint such subordinate |
officers, clerks and other
employees as may be necessary.
|
2. From time to time, he may make, amend or rescind |
rules and
regulations as may be in the public interest to |
implement the Act.
|
3. He may prescribe or provide suitable forms as |
necessary, including
such forms as are necessary to |
establish that an applicant for an Illinois
Person with a |
Disability Identification Card is a " person with a |
disability" disabled person" as defined in
Section 4A of |
this Act, and establish that an applicant for a State |
identification card is a "homeless person" as defined in |
Section 1A of this Act.
|
4. He may prepare under the seal of the Secretary of |
State certified
copies of any records utilized under this |
Act and any such certified
copy shall be admissible in any |
|
proceeding in any court in like manner
as the original |
thereof.
|
5. Records compiled under this Act shall be maintained |
for 6 years,
but the Secretary may destroy such records |
with the prior approval of
the State Records Commission.
|
6. He shall examine and determine the genuineness, |
regularity and
legality of every application filed with him |
under this Act, and he may
in all cases investigate the |
same, require additional information or
proof or |
documentation from any applicant.
|
7. He shall require the payment of all fees prescribed |
in this Act,
and all such fees received by him shall be |
placed in the Road Fund of the
State treasury except as |
otherwise provided in Section 12 of this Act.
|
(Source: P.A. 96-183, eff. 7-1-10; 97-1064, eff. 1-1-13.)
|
(15 ILCS 335/4) (from Ch. 124, par. 24)
|
Sec. 4. Identification Card.
|
(a) The Secretary of State shall issue a
standard Illinois |
Identification Card to any natural person who is a resident
of |
the State of Illinois who applies for such card, or renewal |
thereof,
or who applies for a standard Illinois Identification |
Card upon release as a
committed person on parole, mandatory |
supervised release, aftercare release, final discharge, or
|
pardon from the Department of Corrections or Department of |
Juvenile Justice by submitting an identification card
issued by |
|
the Department of Corrections or Department of Juvenile Justice |
under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of |
Corrections,
together with the prescribed fees. No |
identification card shall be issued to any person who holds a |
valid
foreign state
identification card, license, or permit |
unless the person first surrenders to
the Secretary of
State |
the valid foreign state identification card, license, or |
permit. The card shall be prepared and
supplied by the |
Secretary of State and shall include a photograph and signature |
or mark of the
applicant. However, the Secretary of State may |
provide by rule for the issuance of Illinois Identification |
Cards without photographs if the applicant has a bona fide |
religious objection to being photographed or to the display of |
his or her photograph. The Illinois Identification Card may be |
used for
identification purposes in any lawful situation only |
by the person to
whom it was issued.
As used in this Act, |
"photograph" means any color photograph or digitally
produced |
and captured image of an applicant for an identification card. |
As
used in this Act, "signature" means the name of a person as |
written by that
person and captured in a manner acceptable to |
the Secretary of State. |
(a-5) If an applicant for an identification card has a |
current driver's license or instruction permit issued by the |
Secretary of State, the Secretary may require the applicant to |
utilize the same residence address and name on the |
identification card, driver's license, and instruction permit |
|
records maintained by the Secretary. The Secretary may |
promulgate rules to implement this provision.
|
(a-10) If the applicant is a judicial officer as defined in |
Section 1-10 of the Judicial Privacy Act or a peace officer, |
the applicant may elect to have his or her office or work |
address listed on the card instead of the applicant's residence |
or mailing address. The Secretary may promulgate rules to |
implement this provision. For the purposes of this subsection |
(a-10), "peace officer" means any person who by virtue of his |
or her office or public employment is vested by law with a duty |
to maintain public order or to make arrests for a violation of |
any penal statute of this State, whether that duty extends to |
all violations or is limited to specific violations. |
(b) The Secretary of State shall issue a special Illinois
|
Identification Card, which shall be known as an Illinois Person |
with a Disability
Identification Card, to any natural person |
who is a resident of the State
of Illinois, who is a person |
with a disability as defined in Section 4A of this Act,
who |
applies for such card, or renewal thereof. No Illinois Person |
with a Disability Identification Card shall be issued to any |
person who
holds a valid
foreign state identification card, |
license, or permit unless the person first
surrenders to the
|
Secretary of State the valid foreign state identification card, |
license, or
permit. The Secretary of State
shall charge no fee |
to issue such card. The card shall be prepared and
supplied by |
the Secretary of State, and shall include a photograph and |
|
signature or mark of the
applicant, a designation indicating |
that the card is an Illinois
Person with a Disability |
Identification Card, and shall include a comprehensible |
designation
of the type and classification of the applicant's |
disability as set out in
Section 4A of this Act. However, the |
Secretary of State may provide by rule for the issuance of |
Illinois Person with a Disability Identification Cards without |
photographs if the applicant has a bona fide religious |
objection to being photographed or to the display of his or her |
photograph. If the applicant so requests, the card shall
|
include a description of the applicant's disability and any |
information
about the applicant's disability or medical |
history which the Secretary
determines would be helpful to the |
applicant in securing emergency medical
care. If a mark is used |
in lieu of a signature, such mark
shall be affixed to the card |
in the presence of two witnesses who attest to
the authenticity |
of the mark. The Illinois
Person with a Disability |
Identification Card may be used for identification purposes
in |
any lawful situation by the person to whom it was issued.
|
The Illinois Person with a Disability Identification Card |
may be used as adequate
documentation of disability in lieu of |
a physician's determination of
disability, a determination of |
disability from a physician assistant who has
been delegated |
the authority to make this determination by his or her
|
supervising physician, a determination of disability from an |
advanced practice
nurse who has a written collaborative |
|
agreement with a collaborating physician
that
authorizes the |
advanced practice nurse to make this determination, or any
|
other documentation
of disability whenever
any
State law
|
requires that a person with a disability disabled person |
provide such documentation of disability,
however an Illinois |
Person with a Disability Identification Card shall not qualify
|
the cardholder to participate in any program or to receive any |
benefit
which is not available to all persons with like |
disabilities.
Notwithstanding any other provisions of law, an |
Illinois Person with a Disability
Identification Card, or |
evidence that the Secretary of State has issued an
Illinois |
Person with a Disability Identification Card, shall not be used |
by any
person other than the person named on such card to prove |
that the person
named on such card is a person with a |
disability disabled person or for any other purpose unless the
|
card is used for the benefit of the person named on such card, |
and the
person named on such card consents to such use at the |
time the card is so used.
|
An optometrist's determination of a visual disability |
under Section 4A of this Act is acceptable as documentation for |
the purpose of issuing an Illinois Person with a Disability |
Identification Card. |
When medical information is contained on an Illinois Person |
with a Disability
Identification Card, the Office of the |
Secretary of State shall not be
liable for any actions taken |
based upon that medical information.
|
|
(c) The Secretary of State shall provide
that each original |
or renewal Illinois Identification Card or Illinois
Person with |
a Disability Identification Card issued to a person under the |
age of 21
shall be of a distinct nature from those Illinois |
Identification Cards or
Illinois Person with a Disability |
Identification Cards issued to individuals 21
years of age or |
older. The color designated for Illinois Identification
Cards |
or Illinois Person with a Disability Identification Cards for |
persons under
the age of 21 shall be at the discretion of the |
Secretary of State.
|
(c-1) Each original or renewal Illinois
Identification |
Card or Illinois Person with a Disability Identification Card |
issued to
a person under the age of 21 shall display the date |
upon which the person
becomes 18 years of age and the date upon |
which the person becomes 21 years of
age.
|
(c-3) The General Assembly recognizes the need to identify |
military veterans living in this State for the purpose of |
ensuring that they receive all of the services and benefits to |
which they are legally entitled, including healthcare, |
education assistance, and job placement. To assist the State in |
identifying these veterans and delivering these vital services |
and benefits, the Secretary of State is authorized to issue |
Illinois Identification Cards and Illinois Person with a |
Disability Identification Cards with the word "veteran" |
appearing on the face of the cards. This authorization is |
predicated on the unique status of veterans. The Secretary may |
|
not issue any other identification card which identifies an |
occupation, status, affiliation, hobby, or other unique |
characteristics of the identification card holder which is |
unrelated to the purpose of the identification card.
|
(c-5) Beginning on or before July 1, 2015, the Secretary of |
State shall designate a space on each original or renewal |
identification card where, at the request of the applicant, the |
word "veteran" shall be placed. The veteran designation shall |
be available to a person identified as a veteran under |
subsection (b) of Section 5 of this Act who was discharged or |
separated under honorable conditions. |
(d) The Secretary of State may issue a Senior Citizen
|
discount card, to any natural person who is a resident of the |
State of
Illinois who is 60 years of age or older and who |
applies for such a card or
renewal thereof. The Secretary of |
State shall charge no fee to issue such
card. The card shall be |
issued in every county and applications shall be
made available |
at, but not limited to, nutrition sites, senior citizen
centers |
and Area Agencies on Aging. The applicant, upon receipt of such
|
card and prior to its use for any purpose, shall have affixed |
thereon in
the space provided therefor his signature or mark.
|
(e) The Secretary of State, in his or her discretion, may |
designate on each Illinois
Identification Card or Illinois |
Person with a Disability Identification Card a space where the |
card holder may place a sticker or decal, issued by the |
Secretary of State, of uniform size as the Secretary may |
|
specify, that shall indicate in appropriate language that the |
card holder has renewed his or her Illinois
Identification Card |
or Illinois Person with a Disability Identification Card. |
(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, |
eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, |
eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
|
(15 ILCS 335/4A) (from Ch. 124, par. 24A)
|
Sec. 4A.
(a) "Person with a disability" as used in this Act |
means any person who
is, and who is expected to indefinitely |
continue to be, subject to any of
the following five types of |
disabilities:
|
Type One: Physical disability. A physical disability is a |
physical
impairment, disease, or loss, which is of a permanent |
nature, and which
substantially limits physical ability or |
motor skills. The
Secretary of State shall establish standards |
not inconsistent with this
provision necessary to determine the |
presence of a physical disability.
|
Type Two: Developmental disability. Developmental |
disability means a disability that is attributable to: (i) an |
intellectual disability, cerebral palsy, epilepsy, or autism |
or (ii) any other condition that results in impairment similar |
to that caused by an intellectual disability and requires |
services similar to those required by persons with intellectual |
disabilities. Such a disability must originate before the age |
of 18 years, be expected to continue indefinitely, and |
|
constitute a substantial disability handicap . The Secretary
of |
State shall establish standards not inconsistent with this |
provision
necessary to determine the presence of
a |
developmental disability.
|
Type Three: Visual disability. A visual disability is |
blindness, and the term "blindness" means central vision acuity |
of 20/200 or less in the better eye with the use of a |
correcting lens. An eye that is accompanied by a limitation in |
the fields of vision so that the widest diameter of the visual |
field subtends an angle no greater than 20 degrees shall be |
considered as having a central vision acuity of 20/200 or less. |
The Secretary of State shall establish
standards not |
inconsistent with this Section necessary to determine the
|
presence of a visual disability.
|
Type Four: Hearing disability. A hearing disability is a |
disability
resulting in complete absence of hearing, or hearing |
that with sound
enhancing or magnifying equipment is
so |
impaired as to require the use of sensory input other than |
hearing
as the principal means of receiving spoken language. |
The Secretary of State
shall
establish standards not |
inconsistent with this Section
necessary to determine the |
presence of a hearing disability.
|
Type Five: Mental Disability. A mental disability is a |
significant impairment of an individual's cognitive, |
affective, or relational abilities that may require |
intervention and may be a recognized, medically diagnosable |
|
illness or disorder. The Secretary of State shall establish
|
standards not inconsistent with this provision necessary to |
determine the
presence of a mental disability.
|
(b) For purposes of this Act, a disability shall be |
classified as
follows: Class 1 disability: A Class 1 disability |
is any type disability
which does not render a person unable to |
engage in any substantial gainful
activity or which does not |
impair his ability to live independently or to
perform labor or |
services for which he is qualified. The Secretary of State
|
shall establish standards not inconsistent with this Section
|
necessary to determine the presence of a Class 1 disability.
|
Class 1A disability: A Class 1A disability is a Class 1 |
disability which
renders a person unable to walk 200 feet or |
more unassisted by another person
or without the aid of a |
walker, crutches, braces, prosthetic device or a
wheelchair or |
without great difficulty or discomfort due to the following
|
impairments: neurologic, orthopedic, oncological, respiratory, |
cardiac, arthritic disorder, blindness,
or the loss of function |
or absence of a limb or limbs. The Secretary of
State shall |
establish standards not inconsistent with this Section |
necessary
to determine the presence of a Class 1A disability. |
Class 2
disability: A Class 2 disability is any type disability |
which renders a
person unable to engage in any substantial |
gainful activity, which
substantially impairs his ability to |
live independently without
supervision or in-home support |
services, or which substantially impairs
his ability to perform |
|
labor
or services for which he is qualified or significantly |
restricts the
labor or services which he is able to perform.
|
The Secretary of State shall
establish standards not |
inconsistent with this Section necessary to
determine the |
presence of a Class 2 disability.
Class 2A disability: A Class |
2A disability is a Class 2 disability which
renders a person |
unable to walk 200 feet or more unassisted by another
person or |
without the aid of a walker, crutches, braces, prosthetic |
device
or a wheelchair or without great difficulty or |
discomfort due to the
following impairments: neurologic, |
orthopedic, oncological, respiratory, cardiac,
arthritic |
disorder, blindness, or the loss of function or absence of a |
limb
or limbs. The Secretary of State shall establish standards |
not inconsistent
with this Section necessary to determine the |
presence of a Class 2A
disability.
|
(Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13; |
98-726, eff. 1-1-15 .)
|
(15 ILCS 335/13) (from Ch. 124, par. 33)
|
Sec. 13. Rejection, denial or revocations. |
(a) The Secretary of
State may reject or deny any |
application if he:
|
1. is not satisfied with the genuineness, regularity or |
legality of
any application; or
|
2. has not been supplied with the required information; |
or
|
|
3. is not satisfied with the truth of any information |
or
documentation supplied by an applicant; or
|
4. determines that the applicant is not entitled to the |
card as
applied for; or
|
5. determines that any fraud was committed by the |
applicant; or
|
6. determines that a signature is not valid or is a |
forgery; or
|
7. determines that the applicant has not paid the |
prescribed fee; or
|
8. determines that the applicant has falsely claimed to |
be a
person with a disability as defined in Section 4A of |
this Act; or
|
9. cannot verify the accuracy of any information or |
documentation
submitted by the applicant.
|
(b) The Secretary of State may cancel or revoke any |
identification
card issued by him, upon determining that:
|
1. the holder is not legally entitled to the card; or
|
2. the applicant for the card made a false statement or |
knowingly
concealed a material fact in any application |
filed by him under this
Act; or
|
3. any person has displayed or represented as his own a |
card not
issued to him; or
|
4. any holder has permitted the display or use of his |
card by any
other person; or
|
5. that the signature of the applicant was forgery or |
|
that the
signature on the card is a forgery; or
|
6. a card has been used for any unlawful or fraudulent |
purpose; or
|
7. a card has been altered or defaced; or
|
8. any card has been duplicated for any purpose; or
|
9. any card was utilized to counterfeit such cards; or
|
10. the holder of an Illinois Person with a Disability |
Identification Card is
not a person with a disability |
disabled person as defined in Section 4A of this Act; or
|
11. the holder failed to appear at a Driver Services |
facility for the
reissuance of a
card or to present |
documentation for verification of identity.
|
(c) The Secretary of State is authorized to take possession |
of and shall make a demand for return of any card which
has |
been cancelled or revoked, unlawfully or erroneously issued, or |
issued in violation of this Act, and every
person to whom such |
demand is
addressed, shall promptly and without delay, return |
such card to the
Secretary pursuant to his instructions, or, he |
shall surrender any such
card to the Secretary or any agent of |
the Secretary upon demand.
|
(d) The Secretary of State is authorized to take possession |
of any
Illinois Identification Card or Illinois Person with a |
Disability Identification
Card which has been cancelled or |
revoked, or
which is blank, or which has been altered or |
defaced or duplicated or
which is counterfeit or contains a |
forgery; or otherwise issued in violation
of this Act and may |
|
confiscate any suspected fraudulent, fictitious, or altered |
documents submitted by an applicant in support of an |
application for an identification card.
|
(Source: P.A. 97-229, eff. 7-28-11; 97-1064, eff. 1-1-13.)
|
Section 80. The State Comptroller Act is amended by |
changing Sections 10.05 and 23.9 as follows:
|
(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
|
Sec. 10.05. Deductions from warrants; statement of reason |
for deduction. Whenever any person shall be entitled to a |
warrant or other
payment from the treasury or other funds held |
by the State Treasurer, on any
account, against whom there |
shall be any then due and payable account or claim in favor of |
the
State, the United States upon certification by the |
Secretary of the Treasury of the United States, or his or her |
delegate, pursuant to a reciprocal offset agreement under |
subsection (i-1) of Section 10 of the Illinois State Collection |
Act of 1986, or a unit of local government, a school district, |
a public institution of higher education, as defined in Section |
1 of the Board of Higher Education Act, or the clerk of a |
circuit court, upon certification by that entity, the |
Comptroller, upon notification thereof, shall
ascertain the |
amount due and payable to the State, the United States, the |
unit of local government, the school district, the public |
institution of higher education, or the clerk of the circuit |
|
court, as aforesaid, and draw a
warrant on the treasury or on |
other funds held by the State Treasurer, stating
the amount for |
which the party was entitled to a warrant or other payment, the
|
amount deducted therefrom, and on what account, and directing |
the payment of
the balance; which warrant or payment as so |
drawn shall be entered on the books
of the Treasurer, and such |
balance only shall be paid. The Comptroller may
deduct any one |
or more of the following: (i) the entire amount due and payable |
to the State or a portion
of the amount due and payable to the |
State in accordance with the request of
the notifying agency; |
(ii) the entire amount due and payable to the United States or |
a portion of the amount due and payable to the United States in |
accordance with a reciprocal offset agreement under subsection |
(i-1) of Section 10 of the Illinois State Collection Act of |
1986; or (iii) the entire amount due and payable to the unit of |
local government, school district, public institution of |
higher education, or clerk of the circuit court, or a portion |
of the amount due and payable to that entity, in accordance |
with an intergovernmental agreement authorized under this |
Section and Section 10.05d. No request from a notifying agency, |
the Secretary of the Treasury of the United States, a unit of |
local government, a school district, a public institution of |
higher education, or the clerk of a circuit court for an amount |
to be
deducted under this Section from a wage or salary |
payment, or from a
contractual payment to an individual for |
personal services, shall exceed 25% of
the net amount of such |
|
payment. "Net amount" means that part of the earnings
of an |
individual remaining after deduction of any amounts required by |
law to be
withheld. For purposes of this provision, wage, |
salary or other payments for
personal services shall not |
include final compensation payments for the value
of accrued |
vacation, overtime or sick leave. Whenever the Comptroller |
draws a
warrant or makes a payment involving a deduction |
ordered under this Section,
the Comptroller shall notify the |
payee and the State agency that submitted
the voucher of the |
reason for the deduction and he or she shall retain a record of |
such
statement in his or her
records. As used in this Section, |
an "account or
claim in favor of the State" includes all |
amounts owing to "State agencies"
as defined in Section 7 of |
this Act. However, the Comptroller shall not be
required to |
accept accounts or claims owing to funds not held by the State
|
Treasurer, where such accounts or claims do not exceed $50, nor |
shall the
Comptroller deduct from funds held by the State |
Treasurer under the Senior
Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief Act or for |
payments to institutions from the Illinois Prepaid Tuition |
Trust
Fund
(unless the Trust Fund
moneys are used for child |
support).
The Comptroller shall not deduct from payments to be |
disbursed from the Child Support Enforcement Trust Fund as |
provided for under Section 12-10.2 of the Illinois Public Aid |
Code, except for payments representing interest on child |
support obligations under Section 10-16.5 of that Code. The |
|
Comptroller and the
Department of Revenue shall enter into an
|
interagency agreement to establish responsibilities, duties, |
and procedures
relating to deductions from lottery prizes |
awarded under Section 20.1
of the Illinois Lottery Law. The |
Comptroller may enter into an intergovernmental agreement with |
the Department of Revenue and the Secretary of the Treasury of |
the United States, or his or her delegate, to establish |
responsibilities, duties, and procedures relating to |
reciprocal offset of delinquent State and federal obligations |
pursuant to subsection (i-1) of Section 10 of the Illinois |
State Collection Act of 1986. The Comptroller may enter into |
intergovernmental agreements with any unit of local |
government, school district, public institution of higher |
education, or clerk of a circuit court to establish |
responsibilities, duties, and procedures to provide for the |
offset, by the Comptroller, of obligations owed to those |
entities.
|
For the purposes of this Section, "clerk of a circuit |
court" means the clerk of a circuit court in any county in the |
State. |
(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. |
97-632 for the effective date of changes made by P.A. 97-269); |
97-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff. |
8-2-12; 97-970, eff. 8-16-12; 98-463, eff. 8-16-13.)
|
(15 ILCS 405/23.9) |
|
Sec. 23.9. Minority Contractor Opportunity Initiative. The |
State Comptroller Minority Contractor Opportunity Initiative |
is created to provide greater opportunities for minority-owned |
businesses, female-owned businesses, businesses owned by |
persons with disabilities, and small businesses with 20 or |
fewer employees in this State to participate in the State |
procurement process. The initiative shall be administered by |
the Comptroller. Under this initiative, the Comptroller is |
responsible for the following: (i) outreach to minority-owned |
businesses, female-owned businesses, businesses owned by |
persons with disabilities, and small businesses capable of |
providing services to the State; (ii) education of |
minority-owned businesses, female-owned businesses, businesses |
owned by persons with disabilities, and small businesses |
concerning State contracting and procurement; (iii) |
notification of minority-owned businesses, female-owned |
businesses, businesses owned by persons with disabilities, and |
small businesses of State contracting opportunities; and (iv) |
maintenance of an online database of State contracts that |
identifies the contracts awarded to minority-owned businesses, |
female-owned businesses, businesses owned by persons with |
disabilities, and small businesses that includes the total |
amount paid by State agencies to contractors and the percentage |
paid to minority-owned businesses, female-owned businesses, |
businesses owned by persons with disabilities, and small |
businesses. |
|
The Comptroller shall work with the Business Enterprise |
Council created under Section 5 of the Business Enterprise for |
Minorities, Females, and Persons with Disabilities Act to |
fulfill the Comptroller's responsibilities under this Section. |
The Comptroller may rely on the Business Enterprise Council's |
identification of minority-owned businesses, female-owned |
businesses, and businesses owned by persons with disabilities. |
The Comptroller shall annually prepare and submit a report |
to the Governor and the General Assembly concerning the |
progress of this initiative including the following |
information for the preceding calendar year: (i) a statement of |
the total amounts paid by each executive branch agency to |
contractors since the previous report; (ii) the percentage of |
the amounts that were paid to minority-owned businesses, |
female-owned businesses, businesses owned by persons with |
disabilities, and small businesses; (iii) the successes |
achieved and the challenges faced by the Comptroller in |
operating outreach programs for minorities, women, persons |
with disabilities, and small businesses; (iv) the challenges |
each executive branch agency may face in hiring qualified |
minority, female, disabled, and small business employees and |
employees with disabilities and contracting with qualified |
minority-owned businesses, female-owned businesses, businesses |
owned by persons with disabilities, and small businesses; and |
(iv) any other information, findings, conclusions, and |
recommendations for legislative or agency action, as the |
|
Comptroller deems appropriate. |
On and after the effective date of this amendatory Act of |
the 97th General Assembly, any bidder or offeror awarded a |
contract of $1,000 or more under Section 20-10, 20-15, 20-25, |
or 20-30 of the Illinois Procurement Code is required to pay a |
fee of $15 to cover expenses related to the administration of |
this Section. The Comptroller shall deduct the fee from the |
first check issued to the vendor under the contract and deposit |
the fee into the Comptroller's Administrative Fund. Contracts |
administered for statewide orders placed by agencies (commonly |
referred to as "statewide master contracts") are exempt from |
this fee.
|
(Source: P.A. 97-590, eff. 8-26-11; 98-797, eff. 7-31-14.)
|
Section 85. The Comptroller Merit Employment Code is |
amended by changing Sections 18a and 18b as follows:
|
(15 ILCS 410/18a) (from Ch. 15, par. 454)
|
Sec. 18a. Equal Employment Opportunity Plan. The Equal |
Employment
Opportunity Officer shall, within 90 days after the |
effective date of this
Act and annually thereafter, submit to |
the Comptroller a plan for assuring
equal employment |
opportunity. This plan shall include a current detailed
status |
report (a) indicating, by each position in the service of the |
Comptroller,
the number, percentage, and average salary of |
women, minorities, and individuals with disabilities |
|
handicapped
individuals employed; (b) identifying all |
positions in which the percentage
of women, minorities, and |
individuals with disabilities handicapped employed is less |
than 4/5 the percentage
of women, minorities, and individuals |
with disabilities handicapped in the State work force; (c) |
specifying
the goals and methods for increasing the percentage |
of women, minorities,
and individuals with disabilities |
handicapped employed in these positions; and (d) indicating |
progress
and problems towards meeting equal employment |
opportunity goals.
|
(Source: P.A. 80-1397.)
|
(15 ILCS 410/18b) (from Ch. 15, par. 455)
|
Sec. 18b. Duties of Comptroller's Equal Employment |
Opportunity Officer.
The Comptroller's Equal Employment |
Opportunity Officer shall:
|
(1) set forth a detailed and uniform method and requirement |
by which the
Office of the Comptroller shall develop and |
implement equal employment opportunity
plans as required in |
Section 18;
|
(2) establish reporting procedures for measuring progress |
and evaluation
performance in achieving equal employment |
opportunity goals;
|
(3) provide technical assistance and training to officials |
of the Office
of the Comptroller in achieving equal employment |
opportunity goals;
|
|
(4) develop and implement training programs to help women, |
minorities,
and individuals with disabilities handicapped |
individuals qualifying for government positions and positions
|
with government contractors;
|
(5) report quarterly to the Comptroller on progress, |
performance, and
problems in meeting equal employment |
opportunity goals.
|
(Source: P.A. 80-1397.)
|
Section 90. The State Treasurer Act is amended by changing |
Section 16.5 as follows:
|
(15 ILCS 505/16.5)
|
Sec. 16.5. College Savings Pool. The State Treasurer may |
establish and
administer a College Savings Pool to supplement |
and enhance the investment
opportunities otherwise available |
to persons seeking to finance the costs of
higher education. |
The State Treasurer, in administering the College Savings
Pool, |
may receive moneys paid into the pool by a participant and may |
serve as
the fiscal agent of that participant for the purpose |
of holding and investing
those moneys.
|
"Participant", as used in this Section, means any person |
who has authority to withdraw funds, change the designated |
beneficiary, or otherwise exercise control over an account. |
"Donor", as used in this Section, means any person who makes
|
investments in the pool. "Designated beneficiary", as used in |
|
this Section,
means any person on whose behalf an account is |
established in the College
Savings Pool by a participant. Both |
in-state and out-of-state persons may be
participants, donors, |
and designated beneficiaries in the College Savings Pool. The |
College Savings Pool must be available to any individual with a |
valid social security number or taxpayer identification number |
for the benefit of any individual with a valid social security |
number or taxpayer identification number, unless a contract in |
effect on August 1, 2011 (the effective date of Public Act |
97-233) does not allow for taxpayer identification numbers, in |
which case taxpayer identification numbers must be allowed upon |
the expiration of the contract.
|
New accounts in the College Savings Pool may be processed |
through
participating financial institutions. "Participating |
financial institution",
as used in this Section, means any |
financial institution insured by the Federal
Deposit Insurance |
Corporation and lawfully doing business in the State of
|
Illinois and any credit union approved by the State Treasurer |
and lawfully
doing business in the State of Illinois that |
agrees to process new accounts in
the College Savings Pool. |
Participating financial institutions may charge a
processing |
fee to participants to open an account in the pool that shall |
not
exceed $30 until the year 2001. Beginning in 2001 and every |
year thereafter,
the maximum fee limit shall be adjusted by the |
Treasurer based on the Consumer
Price Index for the North |
Central Region as published by the United States
Department of |
|
Labor, Bureau of Labor Statistics for the immediately preceding
|
calendar year. Every contribution received by a financial |
institution for
investment in the College Savings Pool shall be |
transferred from the financial
institution to a location |
selected by the State Treasurer within one business
day |
following the day that the funds must be made available in |
accordance with
federal law. All communications from the State |
Treasurer to participants and donors shall
reference the |
participating financial institution at which the account was
|
processed.
|
The Treasurer may invest the moneys in the College Savings |
Pool in the same
manner and in the same types of investments
|
provided for the investment of moneys by the Illinois State |
Board of
Investment. To enhance the safety and liquidity of the |
College Savings Pool,
to ensure the diversification of the |
investment portfolio of the pool, and in
an effort to keep |
investment dollars in the State of Illinois, the State
|
Treasurer may make a percentage of each account available for |
investment in
participating financial institutions doing |
business in the State. The State
Treasurer may deposit with the |
participating financial institution at which
the account was |
processed the following percentage of each account at a
|
prevailing rate offered by the institution, provided that the |
deposit is
federally insured or fully collateralized and the |
institution accepts the
deposit: 10% of the total amount of |
each account for which the current age of
the beneficiary is |
|
less than 7 years of age, 20% of the total amount of each
|
account for which the beneficiary is at least 7 years of age |
and less than 12
years of age, and 50% of the total amount of |
each account for which the current
age of the beneficiary is at |
least 12 years of age.
The Treasurer shall develop, publish, |
and implement an investment policy
covering the investment of |
the moneys in the College Savings Pool. The policy
shall be |
published each year as part
of the audit of the College Savings |
Pool by the Auditor General, which shall be
distributed to all |
participants. The Treasurer shall notify all participants
in |
writing, and the Treasurer shall publish in a newspaper of |
general
circulation in both Chicago and Springfield, any |
changes to the previously
published investment policy at least |
30 calendar days before implementing the
policy. Any investment |
policy adopted by the Treasurer shall be reviewed and
updated |
if necessary within 90 days following the date that the State |
Treasurer
takes office.
|
Participants shall be required to use moneys distributed |
from the College
Savings Pool for qualified expenses at |
eligible educational institutions.
"Qualified expenses", as |
used in this Section, means the following: (i)
tuition, fees, |
and the costs of books, supplies, and equipment required for
|
enrollment or attendance at an eligible educational |
institution and (ii)
certain room and board expenses incurred |
while attending an eligible
educational institution at least |
half-time. "Eligible educational
institutions", as used in |
|
this Section, means public and private colleges,
junior |
colleges, graduate schools, and certain vocational |
institutions that are
described in Section 481 of the Higher |
Education Act of 1965 (20 U.S.C. 1088)
and that are eligible to |
participate in Department of Education student aid
programs. A |
student shall be considered to be enrolled at
least half-time |
if the student is enrolled for at least half the full-time
|
academic work load for the course of study the student is |
pursuing as
determined under the standards of the institution |
at which the student is
enrolled. Distributions made from the |
pool for qualified expenses shall be
made directly to the |
eligible educational institution, directly to a vendor, or
in |
the form of a check payable to both the beneficiary and the |
institution or
vendor. Any moneys that are distributed in any |
other manner or that are used
for expenses other than qualified |
expenses at an eligible educational
institution shall be |
subject to a penalty of 10% of the earnings unless the
|
beneficiary dies, becomes a person with a disability disabled , |
or receives a scholarship that equals or
exceeds the |
distribution. Penalties shall be withheld at the time the
|
distribution is made.
|
The Treasurer shall limit the contributions that may be |
made on behalf of a
designated beneficiary based on the |
limitations established by the Internal Revenue Service. The |
contributions made on behalf of a
beneficiary who is also a |
beneficiary under the Illinois Prepaid Tuition
Program shall be |
|
further restricted to ensure that the contributions in both
|
programs combined do not exceed the limit established for the |
College Savings
Pool. The Treasurer shall provide the Illinois |
Student Assistance Commission
each year at a time designated by |
the Commission, an electronic report of all
participant |
accounts in the Treasurer's College Savings Pool, listing total
|
contributions and disbursements from each individual account |
during the
previous calendar year. As soon thereafter as is |
possible following receipt of
the Treasurer's report, the |
Illinois Student Assistance Commission shall, in
turn, provide |
the Treasurer with an electronic report listing those College
|
Savings Pool participants who also participate in the State's |
prepaid tuition
program, administered by the Commission. The |
Commission shall be responsible
for filing any combined tax |
reports regarding State qualified savings programs
required by |
the United States Internal Revenue Service. The Treasurer shall
|
work with the Illinois Student Assistance Commission to |
coordinate the
marketing of the College Savings Pool and the |
Illinois Prepaid Tuition
Program when considered beneficial by |
the Treasurer and the Director of the
Illinois Student |
Assistance
Commission. The Treasurer's office shall not |
publicize or otherwise market the
College Savings Pool or |
accept any moneys into the College Savings Pool prior
to March |
1, 2000. The Treasurer shall provide a separate accounting for |
each
designated beneficiary to each participant, the Illinois |
Student Assistance
Commission, and the participating financial |
|
institution at which the account
was processed. No interest in |
the program may be pledged as security for a
loan. Moneys held |
in an account invested in the Illinois College Savings Pool |
shall be exempt from all claims of the creditors of the |
participant, donor, or designated beneficiary of that account, |
except for the non-exempt College Savings Pool transfers to or |
from the account as defined under subsection (j) of Section |
12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
|
The assets of the College Savings Pool and its income and |
operation shall
be exempt from all taxation by the State of |
Illinois and any of its
subdivisions. The accrued earnings on |
investments in the Pool once disbursed
on behalf of a |
designated beneficiary shall be similarly exempt from all
|
taxation by the State of Illinois and its subdivisions, so long |
as they are
used for qualified expenses. Contributions to a |
College Savings Pool account
during the taxable year may be |
deducted from adjusted gross income as provided
in Section 203 |
of the Illinois Income Tax Act. The provisions of this
|
paragraph are exempt from Section 250 of the Illinois Income |
Tax Act.
|
The Treasurer shall adopt rules he or she considers |
necessary for the
efficient administration of the College |
Savings Pool. The rules shall provide
whatever additional |
parameters and restrictions are necessary to ensure that
the |
College Savings Pool meets all of the requirements for a |
qualified state
tuition program under Section 529 of the |
|
Internal Revenue Code (26 U.S.C. 529).
The rules shall provide |
for the administration expenses of the pool to be paid
from its |
earnings and for the investment earnings in excess of the |
expenses and
all moneys collected as penalties to be credited |
or paid monthly to the several
participants in the pool in a |
manner which equitably reflects the differing
amounts of their |
respective investments in the pool and the differing periods
of |
time for which those amounts were in the custody of the pool. |
Also, the
rules shall require the maintenance of records that |
enable the Treasurer's
office to produce a report for each |
account in the pool at least annually that
documents the |
account balance and investment earnings. Notice of any proposed
|
amendments to the rules and regulations shall be provided to |
all participants
prior to adoption. Amendments to rules and |
regulations shall apply only to
contributions made after the |
adoption of the amendment.
|
Upon creating the College Savings Pool, the State Treasurer |
shall give bond
with 2 or more sufficient sureties, payable to |
and for the benefit of the
participants in the College Savings |
Pool, in the penal sum of $1,000,000,
conditioned upon the |
faithful discharge of his or her duties in relation to
the |
College Savings Pool.
|
(Source: P.A. 97-233, eff. 8-1-11; 97-537, eff. 8-23-11; |
97-813, eff. 7-13-12.)
|
Section 95. The Civil Administrative Code of Illinois is |
|
amended by changing Section 5-550 as follows:
|
(20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
|
Sec. 5-550. In the Department of Human Services. A State |
Rehabilitation
Council, hereinafter referred to as the |
Council, is hereby established for
the purpose of complying |
with the requirements of 34 CFR 361.16 and advising the |
Secretary of Human Services and the vocational rehabilitation
|
administrator of the provisions of the federal Rehabilitation |
Act of 1973 and
the Americans with Disabilities Act of 1990 in |
matters concerning individuals
with disabilities and the |
provision of vocational rehabilitation services. The Council
|
shall consist of members appointed by the Governor after |
soliciting
recommendations from organizations representing a |
broad
range of individuals with disabilities and organizations |
interested in
individuals with disabilities. However, the |
Governor may delegate his appointing authority under this |
Section to the Council by executive order. |
The Council shall consist of the following appointed |
members:
|
(1) One representative of a parent training center |
established in
accordance with the federal Individuals |
with Disabilities Education Act.
|
(2) One representative of the Client Assistance |
Program.
|
(3) One vocational rehabilitation counselor who has |
|
knowledge of and
experience with vocational rehabilitation |
programs.
If an employee of the Department of Human |
Services is appointed under this item, then he or she shall |
serve
as an ex officio, nonvoting member.
|
(4) One representative of community rehabilitation |
program service
providers.
|
(5) Four representatives of business, industry, and |
labor.
|
(6) At least two but not more than five representatives |
of disability advocacy groups representing a
cross section |
of the following:
|
(A) individuals with physical, cognitive, sensory, |
and mental
disabilities; and
|
(B) parents, family members, guardians, advocates, |
or authorized
representative of individuals with |
disabilities who have difficulty in
representing |
themselves or who are unable, due to their |
disabilities, to
represent themselves.
|
(7) One current or former applicant for, or recipient |
of, vocational
rehabilitation services.
|
(8) One representative from secondary or higher |
education.
|
(9) One representative of the State Workforce |
Investment Board.
|
(10) One representative of the Illinois State Board of |
Education who is
knowledgeable about the Individuals with |
|
Disabilities Education Act.
|
(11) The chairperson of, or a member designated by, the |
Statewide Independent Living Council established under |
Section 12a of the Rehabilitation of Persons with |
Disabilities Disabled Persons Rehabilitation Act. |
(12) The chairperson of, or a member designated by, the |
Blind Services Planning Council established under Section |
7 of the Bureau for the Blind Act. |
(13) The vocational rehabilitation administrator, as |
defined in Section 1b of the Rehabilitation of Persons with |
Disabilities Disabled Persons Rehabilitation Act, who |
shall serve as an ex officio, nonvoting member.
|
The Council shall select a Chairperson.
|
The Chairperson and a majority of the
members of the |
Council shall be persons who are individuals with disabilities. |
At least one
member shall be a senior citizen age 60 or over, |
and at least one member shall be at least 18 but not more than |
25 years old. A majority of the
Council members shall not be |
employees of the Department of Human Services.
|
Members appointed to the Council for full terms on or after |
the effective date of this amendatory Act of the 98th General |
Assembly shall be appointed for terms of 3 years. No Council |
member, other than the vocational rehabilitation administrator |
and the representative of the Client Assistance Program, shall |
serve for more than 2 consecutive terms as a representative of |
one of the 13 enumerated categories. If an individual, other |
|
than the vocational rehabilitation administrator and the |
representative of the Client Assistance Program, has completed |
2 consecutive terms and is eligible to seek appointment as a |
representative of one of the other enumerated categories, then |
that individual may be appointed to serve as a representative |
of one of those other enumerated categories after a meaningful |
break in Council service, as defined by the Council through its |
by-laws. |
Vacancies for unexpired terms shall be filled. Individuals |
appointed by the appointing authority to fill an unexpired term |
shall complete the remainder of the vacated term. When the |
initial term of a person appointed to fill a vacancy is |
completed, the individual appointed to fill that vacancy may be |
re-appointed by the appointing authority to the vacated |
position for one subsequent term. |
If an excessive number of expired terms and vacated terms |
combine to place an undue burden on the Council, the appointing |
authority may appoint members for terms of 1, 2, or 3 years. |
The appointing authority shall determine the terms of Council |
members to ensure the number of terms expiring each year is as |
close to equal as possible. |
Notwithstanding the foregoing, a member who is serving on |
the Council on the effective date of this amendatory Act of the |
98th General Assembly and whose term expires as a result of the |
changes made by this amendatory Act of the 98th General |
Assembly may complete the unexpired portion of his or her term. |
|
Members shall be reimbursed in accordance with State laws, |
rules, and rates
for expenses incurred in the performance of |
their approved, Council-related duties,
including expenses for |
travel, child care, or personal assistance services. A
member |
who is not employed or who must forfeit wages from other |
employment may
be paid reasonable compensation, as determined |
by the Department, for each day the member is engaged in
|
performing approved duties of the Council.
|
The Council
shall meet at least 4 times per year at times |
and places designated by the Chairperson
upon 10 days written |
notice to the members. Special meetings may
be called by the |
Chairperson or 7 members of the
Council upon 7 days written
|
notice to the other members. Nine members shall constitute a
|
quorum.
No member of the Council shall cast a vote on any |
matter that would provide
direct financial benefit to the |
member or otherwise give the appearance of a
conflict of |
interest under Illinois law.
|
The
Council shall prepare and submit to the
vocational |
rehabilitation
administrator
the reports and findings
that the |
vocational rehabilitation administrator may request or
that |
the Council deems fit.
The Council shall select jointly with |
the
vocational rehabilitation
administrator
a pool of
|
qualified persons to serve as impartial hearing officers.
The |
Council shall, with the vocational rehabilitation unit in the |
Department,
jointly develop, agree to, and review annually |
State goals and priorities and
jointly submit annual reports of |
|
progress to the federal Commissioner of
the
Rehabilitation |
Services Administration.
|
To the extent that there is a disagreement between the |
Council and the unit
within the
Department of Human Services |
responsible for the administration of the
vocational |
rehabilitation program, regarding the resources
necessary to |
carry out the functions of the Council as set forth in this
|
Section, the
disagreement shall be resolved by the Governor.
|
(Source: P.A. 98-76, eff. 7-15-13.)
|
Section 100. The Illinois Employment First Act is amended |
by changing Section 10 as follows:
|
(20 ILCS 40/10)
|
Sec. 10. Definitions. As used in this Act: |
"Competitive employment" means work in the competitive |
labor market that is performed on a full-time or part-time |
basis in an integrated setting and for which an individual is |
compensated at or above the minimum wage, but not less than the |
customary wage and level of benefits paid by the employer for |
the same or similar work performed by individuals who are not |
persons with disabilities disabled . |
"Disability" has the meaning ascribed to that term in |
Section 10 of the Disabilities Services Act of 2003.
|
"Integrated setting" means with respect to an employment |
outcome, a setting typically found in the community in which |
|
applicants or eligible individuals interact with individuals |
without disabilities non-disabled individuals , other than |
individuals without disabilities non-disabled individuals who |
are providing services to those applicants or eligible |
individuals, to the same extent that individuals without |
disabilities non-disabled individuals in comparable positions |
interact with other persons.
|
"State agency" means and includes all boards, commissions, |
agencies, institutions, authorities, and bodies politic and |
corporate of the State, created by or in accordance with the |
Illinois Constitution or State statute, of the executive branch |
of State government and does include colleges, universities,
|
public employee retirement systems, and institutions under the |
jurisdiction of the governing boards of the University of |
Illinois, Southern Illinois University, Illinois State |
University, Eastern Illinois University, Northern Illinois |
University, Western Illinois University, Chicago State |
University, Governors State University, Northeastern Illinois |
University, and the Illinois Board of Higher Education.
|
(Source: P.A. 98-91, eff. 7-16-13.)
|
Section 105. The Illinois Act on the Aging is amended by |
changing Sections 4.02, 4.03, and 4.15 as follows:
|
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
|
(Text of Section before amendment by P.A. 98-1171 )
|
|
Sec. 4.02. Community Care Program. The Department shall |
establish a program of services to
prevent unnecessary |
institutionalization of persons age 60 and older in
need of |
long term care or who are established as persons who suffer |
from
Alzheimer's disease or a related disorder under the |
Alzheimer's Disease
Assistance Act, thereby enabling them
to |
remain in their own homes or in other living arrangements. Such
|
preventive services, which may be coordinated with other |
programs for the
aged and monitored by area agencies on aging |
in cooperation with the
Department, may include, but are not |
limited to, any or all of the following:
|
(a) (blank);
|
(b) (blank);
|
(c) home care aide services;
|
(d) personal assistant services;
|
(e) adult day services;
|
(f) home-delivered meals;
|
(g) education in self-care;
|
(h) personal care services;
|
(i) adult day health services;
|
(j) habilitation services;
|
(k) respite care;
|
(k-5) community reintegration services;
|
(k-6) flexible senior services; |
(k-7) medication management; |
(k-8) emergency home response;
|
|
(l) other nonmedical social services that may enable |
the person
to become self-supporting; or
|
(m) clearinghouse for information provided by senior |
citizen home owners
who want to rent rooms to or share |
living space with other senior citizens.
|
The Department shall establish eligibility standards for |
such
services. In determining the amount and nature of services
|
for which a person may qualify, consideration shall not be |
given to the
value of cash, property or other assets held in |
the name of the person's
spouse pursuant to a written agreement |
dividing marital property into equal
but separate shares or |
pursuant to a transfer of the person's interest in a
home to |
his spouse, provided that the spouse's share of the marital
|
property is not made available to the person seeking such |
services.
|
Beginning January 1, 2008, the Department shall require as |
a condition of eligibility that all new financially eligible |
applicants apply for and enroll in medical assistance under |
Article V of the Illinois Public Aid Code in accordance with |
rules promulgated by the Department.
|
The Department shall, in conjunction with the Department of |
Public Aid (now Department of Healthcare and Family Services),
|
seek appropriate amendments under Sections 1915 and 1924 of the |
Social
Security Act. The purpose of the amendments shall be to |
extend eligibility
for home and community based services under |
Sections 1915 and 1924 of the
Social Security Act to persons |
|
who transfer to or for the benefit of a
spouse those amounts of |
income and resources allowed under Section 1924 of
the Social |
Security Act. Subject to the approval of such amendments, the
|
Department shall extend the provisions of Section 5-4 of the |
Illinois
Public Aid Code to persons who, but for the provision |
of home or
community-based services, would require the level of |
care provided in an
institution, as is provided for in federal |
law. Those persons no longer
found to be eligible for receiving |
noninstitutional services due to changes
in the eligibility |
criteria shall be given 45 days notice prior to actual
|
termination. Those persons receiving notice of termination may |
contact the
Department and request the determination be |
appealed at any time during the
45 day notice period. The |
target
population identified for the purposes of this Section |
are persons age 60
and older with an identified service need. |
Priority shall be given to those
who are at imminent risk of |
institutionalization. The services shall be
provided to |
eligible persons age 60 and older to the extent that the cost
|
of the services together with the other personal maintenance
|
expenses of the persons are reasonably related to the standards
|
established for care in a group facility appropriate to the |
person's
condition. These non-institutional services, pilot |
projects or
experimental facilities may be provided as part of |
or in addition to
those authorized by federal law or those |
funded and administered by the
Department of Human Services. |
The Departments of Human Services, Healthcare and Family |
|
Services,
Public Health, Veterans' Affairs, and Commerce and |
Economic Opportunity and
other appropriate agencies of State, |
federal and local governments shall
cooperate with the |
Department on Aging in the establishment and development
of the |
non-institutional services. The Department shall require an |
annual
audit from all personal assistant
and home care aide |
vendors contracting with
the Department under this Section. The |
annual audit shall assure that each
audited vendor's procedures |
are in compliance with Department's financial
reporting |
guidelines requiring an administrative and employee wage and |
benefits cost split as defined in administrative rules. The |
audit is a public record under
the Freedom of Information Act. |
The Department shall execute, relative to
the nursing home |
prescreening project, written inter-agency
agreements with the |
Department of Human Services and the Department
of Healthcare |
and Family Services, to effect the following: (1) intake |
procedures and common
eligibility criteria for those persons |
who are receiving non-institutional
services; and (2) the |
establishment and development of non-institutional
services in |
areas of the State where they are not currently available or |
are
undeveloped. On and after July 1, 1996, all nursing home |
prescreenings for
individuals 60 years of age or older shall be |
conducted by the Department.
|
As part of the Department on Aging's routine training of |
case managers and case manager supervisors, the Department may |
include information on family futures planning for persons who |
|
are age 60 or older and who are caregivers of their adult |
children with developmental disabilities. The content of the |
training shall be at the Department's discretion. |
The Department is authorized to establish a system of |
recipient copayment
for services provided under this Section, |
such copayment to be based upon
the recipient's ability to pay |
but in no case to exceed the actual cost of
the services |
provided. Additionally, any portion of a person's income which
|
is equal to or less than the federal poverty standard shall not |
be
considered by the Department in determining the copayment. |
The level of
such copayment shall be adjusted whenever |
necessary to reflect any change
in the officially designated |
federal poverty standard.
|
The Department, or the Department's authorized |
representative, may
recover the amount of moneys expended for |
services provided to or in
behalf of a person under this |
Section by a claim against the person's
estate or against the |
estate of the person's surviving spouse, but no
recovery may be |
had until after the death of the surviving spouse, if
any, and |
then only at such time when there is no surviving child who
is |
under age 21 or , blind or who has a permanent and total |
disability , or permanently and totally disabled . This
|
paragraph, however, shall not bar recovery, at the death of the |
person, of
moneys for services provided to the person or in |
behalf of the person under
this Section to which the person was |
not entitled;
provided that such recovery shall not be enforced |
|
against any real estate while
it is occupied as a homestead by |
the surviving spouse or other dependent, if no
claims by other |
creditors have been filed against the estate, or, if such
|
claims have been filed, they remain dormant for failure of |
prosecution or
failure of the claimant to compel administration |
of the estate for the purpose
of payment. This paragraph shall |
not bar recovery from the estate of a spouse,
under Sections |
1915 and 1924 of the Social Security Act and Section 5-4 of the
|
Illinois Public Aid Code, who precedes a person receiving |
services under this
Section in death. All moneys for services
|
paid to or in behalf of the person under this Section shall be |
claimed for
recovery from the deceased spouse's estate. |
"Homestead", as used
in this paragraph, means the dwelling |
house and
contiguous real estate occupied by a surviving spouse
|
or relative, as defined by the rules and regulations of the |
Department of Healthcare and Family Services, regardless of the |
value of the property.
|
The Department shall increase the effectiveness of the |
existing Community Care Program by: |
(1) ensuring that in-home services included in the care |
plan are available on evenings and weekends; |
(2) ensuring that care plans contain the services that |
eligible participants
need based on the number of days in a |
month, not limited to specific blocks of time, as |
identified by the comprehensive assessment tool selected |
by the Department for use statewide, not to exceed the |
|
total monthly service cost maximum allowed for each |
service; the Department shall develop administrative rules |
to implement this item (2); |
(3) ensuring that the participants have the right to |
choose the services contained in their care plan and to |
direct how those services are provided, based on |
administrative rules established by the Department; |
(4) ensuring that the determination of need tool is |
accurate in determining the participants' level of need; to |
achieve this, the Department, in conjunction with the Older |
Adult Services Advisory Committee, shall institute a study |
of the relationship between the Determination of Need |
scores, level of need, service cost maximums, and the |
development and utilization of service plans no later than |
May 1, 2008; findings and recommendations shall be |
presented to the Governor and the General Assembly no later |
than January 1, 2009; recommendations shall include all |
needed changes to the service cost maximums schedule and |
additional covered services; |
(5) ensuring that homemakers can provide personal care |
services that may or may not involve contact with clients, |
including but not limited to: |
(A) bathing; |
(B) grooming; |
(C) toileting; |
(D) nail care; |
|
(E) transferring; |
(F) respiratory services; |
(G) exercise; or |
(H) positioning; |
(6) ensuring that homemaker program vendors are not |
restricted from hiring homemakers who are family members of |
clients or recommended by clients; the Department may not, |
by rule or policy, require homemakers who are family |
members of clients or recommended by clients to accept |
assignments in homes other than the client; |
(7) ensuring that the State may access maximum federal |
matching funds by seeking approval for the Centers for |
Medicare and Medicaid Services for modifications to the |
State's home and community based services waiver and |
additional waiver opportunities, including applying for |
enrollment in the Balance Incentive Payment Program by May |
1, 2013, in order to maximize federal matching funds; this |
shall include, but not be limited to, modification that |
reflects all changes in the Community Care Program services |
and all increases in the services cost maximum; |
(8) ensuring that the determination of need tool |
accurately reflects the service needs of individuals with |
Alzheimer's disease and related dementia disorders; |
(9) ensuring that services are authorized accurately |
and consistently for the Community Care Program (CCP); the |
Department shall implement a Service Authorization policy |
|
directive; the purpose shall be to ensure that eligibility |
and services are authorized accurately and consistently in |
the CCP program; the policy directive shall clarify service |
authorization guidelines to Care Coordination Units and |
Community Care Program providers no later than May 1, 2013; |
(10) working in conjunction with Care Coordination |
Units, the Department of Healthcare and Family Services, |
the Department of Human Services, Community Care Program |
providers, and other stakeholders to make improvements to |
the Medicaid claiming processes and the Medicaid |
enrollment procedures or requirements as needed, |
including, but not limited to, specific policy changes or |
rules to improve the up-front enrollment of participants in |
the Medicaid program and specific policy changes or rules |
to insure more prompt submission of bills to the federal |
government to secure maximum federal matching dollars as |
promptly as possible; the Department on Aging shall have at |
least 3 meetings with stakeholders by January 1, 2014 in |
order to address these improvements; |
(11) requiring home care service providers to comply |
with the rounding of hours worked provisions under the |
federal Fair Labor Standards Act (FLSA) and as set forth in |
29 CFR 785.48(b) by May 1, 2013; |
(12) implementing any necessary policy changes or |
promulgating any rules, no later than January 1, 2014, to |
assist the Department of Healthcare and Family Services in |
|
moving as many participants as possible, consistent with |
federal regulations, into coordinated care plans if a care |
coordination plan that covers long term care is available |
in the recipient's area; and |
(13) maintaining fiscal year 2014 rates at the same |
level established on January 1, 2013. |
By January 1, 2009 or as soon after the end of the Cash and |
Counseling Demonstration Project as is practicable, the |
Department may, based on its evaluation of the demonstration |
project, promulgate rules concerning personal assistant |
services, to include, but need not be limited to, |
qualifications, employment screening, rights under fair labor |
standards, training, fiduciary agent, and supervision |
requirements. All applicants shall be subject to the provisions |
of the Health Care Worker Background Check Act.
|
The Department shall develop procedures to enhance |
availability of
services on evenings, weekends, and on an |
emergency basis to meet the
respite needs of caregivers. |
Procedures shall be developed to permit the
utilization of |
services in successive blocks of 24 hours up to the monthly
|
maximum established by the Department. Workers providing these |
services
shall be appropriately trained.
|
Beginning on the effective date of this Amendatory Act of |
1991, no person
may perform chore/housekeeping and home care |
aide services under a program
authorized by this Section unless |
that person has been issued a certificate
of pre-service to do |
|
so by his or her employing agency. Information
gathered to |
effect such certification shall include (i) the person's name,
|
(ii) the date the person was hired by his or her current |
employer, and
(iii) the training, including dates and levels. |
Persons engaged in the
program authorized by this Section |
before the effective date of this
amendatory Act of 1991 shall |
be issued a certificate of all pre- and
in-service training |
from his or her employer upon submitting the necessary
|
information. The employing agency shall be required to retain |
records of
all staff pre- and in-service training, and shall |
provide such records to
the Department upon request and upon |
termination of the employer's contract
with the Department. In |
addition, the employing agency is responsible for
the issuance |
of certifications of in-service training completed to their
|
employees.
|
The Department is required to develop a system to ensure |
that persons
working as home care aides and personal assistants
|
receive increases in their
wages when the federal minimum wage |
is increased by requiring vendors to
certify that they are |
meeting the federal minimum wage statute for home care aides
|
and personal assistants. An employer that cannot ensure that |
the minimum
wage increase is being given to home care aides and |
personal assistants
shall be denied any increase in |
reimbursement costs.
|
The Community Care Program Advisory Committee is created in |
the Department on Aging. The Director shall appoint individuals |
|
to serve in the Committee, who shall serve at their own |
expense. Members of the Committee must abide by all applicable |
ethics laws. The Committee shall advise the Department on |
issues related to the Department's program of services to |
prevent unnecessary institutionalization. The Committee shall |
meet on a bi-monthly basis and shall serve to identify and |
advise the Department on present and potential issues affecting |
the service delivery network, the program's clients, and the |
Department and to recommend solution strategies. Persons |
appointed to the Committee shall be appointed on, but not |
limited to, their own and their agency's experience with the |
program, geographic representation, and willingness to serve. |
The Director shall appoint members to the Committee to |
represent provider, advocacy, policy research, and other |
constituencies committed to the delivery of high quality home |
and community-based services to older adults. Representatives |
shall be appointed to ensure representation from community care |
providers including, but not limited to, adult day service |
providers, homemaker providers, case coordination and case |
management units, emergency home response providers, statewide |
trade or labor unions that represent home care
aides and direct |
care staff, area agencies on aging, adults over age 60, |
membership organizations representing older adults, and other |
organizational entities, providers of care, or individuals |
with demonstrated interest and expertise in the field of home |
and community care as determined by the Director. |
|
Nominations may be presented from any agency or State |
association with interest in the program. The Director, or his |
or her designee, shall serve as the permanent co-chair of the |
advisory committee. One other co-chair shall be nominated and |
approved by the members of the committee on an annual basis. |
Committee members' terms of appointment shall be for 4 years |
with one-quarter of the appointees' terms expiring each year. A |
member shall continue to serve until his or her replacement is |
named. The Department shall fill vacancies that have a |
remaining term of over one year, and this replacement shall |
occur through the annual replacement of expiring terms. The |
Director shall designate Department staff to provide technical |
assistance and staff support to the committee. Department |
representation shall not constitute membership of the |
committee. All Committee papers, issues, recommendations, |
reports, and meeting memoranda are advisory only. The Director, |
or his or her designee, shall make a written report, as |
requested by the Committee, regarding issues before the |
Committee.
|
The Department on Aging and the Department of Human |
Services
shall cooperate in the development and submission of |
an annual report on
programs and services provided under this |
Section. Such joint report
shall be filed with the Governor and |
the General Assembly on or before
September 30 each year.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
|
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research Unit,
as |
required by Section 3.1 of the General Assembly Organization |
Act and
filing such additional copies with the State Government |
Report Distribution
Center for the General Assembly as is |
required under paragraph (t) of
Section 7 of the State Library |
Act.
|
Those persons previously found eligible for receiving |
non-institutional
services whose services were discontinued |
under the Emergency Budget Act of
Fiscal Year 1992, and who do |
not meet the eligibility standards in effect
on or after July |
1, 1992, shall remain ineligible on and after July 1,
1992. |
Those persons previously not required to cost-share and who |
were
required to cost-share effective March 1, 1992, shall |
continue to meet
cost-share requirements on and after July 1, |
1992. Beginning July 1, 1992,
all clients will be required to |
meet
eligibility, cost-share, and other requirements and will |
have services
discontinued or altered when they fail to meet |
these requirements. |
For the purposes of this Section, "flexible senior |
services" refers to services that require one-time or periodic |
expenditures including, but not limited to, respite care, home |
modification, assistive technology, housing assistance, and |
transportation.
|
The Department shall implement an electronic service |
|
verification based on global positioning systems or other |
cost-effective technology for the Community Care Program no |
later than January 1, 2014. |
The Department shall require, as a condition of |
eligibility, enrollment in the medical assistance program |
under Article V of the Illinois Public Aid Code (i) beginning |
August 1, 2013, if the Auditor General has reported that the |
Department has failed
to comply with the reporting requirements |
of Section 2-27 of
the Illinois State Auditing Act; or (ii) |
beginning June 1, 2014, if the Auditor General has reported |
that the
Department has not undertaken the required actions |
listed in
the report required by subsection (a) of Section 2-27 |
of the
Illinois State Auditing Act. |
The Department shall delay Community Care Program services |
until an applicant is determined eligible for medical |
assistance under Article V of the Illinois Public Aid Code (i) |
beginning August 1, 2013, if the Auditor General has reported |
that the Department has failed
to comply with the reporting |
requirements of Section 2-27 of
the Illinois State Auditing |
Act; or (ii) beginning June 1, 2014, if the Auditor General has |
reported that the
Department has not undertaken the required |
actions listed in
the report required by subsection (a) of |
Section 2-27 of the
Illinois State Auditing Act. |
The Department shall implement co-payments for the |
Community Care Program at the federally allowable maximum level |
(i) beginning August 1, 2013, if the Auditor General has |
|
reported that the Department has failed
to comply with the |
reporting requirements of Section 2-27 of
the Illinois State |
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
General has reported that the
Department has not undertaken the |
required actions listed in
the report required by subsection |
(a) of Section 2-27 of the
Illinois State Auditing Act. |
The Department shall provide a bi-monthly report on the |
progress of the Community Care Program reforms set forth in |
this amendatory Act of the 98th General Assembly to the |
Governor, the Speaker of the House of Representatives, the |
Minority Leader of the House of Representatives, the
President |
of the
Senate, and the Minority Leader of the Senate. |
The Department shall conduct a quarterly review of Care |
Coordination Unit performance and adherence to service |
guidelines. The quarterly review shall be reported to the |
Speaker of the House of Representatives, the Minority Leader of |
the House of Representatives, the
President of the
Senate, and |
the Minority Leader of the Senate. The Department shall collect |
and report longitudinal data on the performance of each care |
coordination unit. Nothing in this paragraph shall be construed |
to require the Department to identify specific care |
coordination units. |
In regard to community care providers, failure to comply |
with Department on Aging policies shall be cause for |
disciplinary action, including, but not limited to, |
disqualification from serving Community Care Program clients. |
|
Each provider, upon submission of any bill or invoice to the |
Department for payment for services rendered, shall include a |
notarized statement, under penalty of perjury pursuant to |
Section 1-109 of the Code of Civil Procedure, that the provider |
has complied with all Department policies. |
(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)
|
(Text of Section after amendment by P.A. 98-1171 )
|
Sec. 4.02. Community Care Program. The Department shall |
establish a program of services to
prevent unnecessary |
institutionalization of persons age 60 and older in
need of |
long term care or who are established as persons who suffer |
from
Alzheimer's disease or a related disorder under the |
Alzheimer's Disease
Assistance Act, thereby enabling them
to |
remain in their own homes or in other living arrangements. Such
|
preventive services, which may be coordinated with other |
programs for the
aged and monitored by area agencies on aging |
in cooperation with the
Department, may include, but are not |
limited to, any or all of the following:
|
(a) (blank);
|
(b) (blank);
|
(c) home care aide services;
|
(d) personal assistant services;
|
(e) adult day services;
|
(f) home-delivered meals;
|
(g) education in self-care;
|
|
(h) personal care services;
|
(i) adult day health services;
|
(j) habilitation services;
|
(k) respite care;
|
(k-5) community reintegration services;
|
(k-6) flexible senior services; |
(k-7) medication management; |
(k-8) emergency home response;
|
(l) other nonmedical social services that may enable |
the person
to become self-supporting; or
|
(m) clearinghouse for information provided by senior |
citizen home owners
who want to rent rooms to or share |
living space with other senior citizens.
|
The Department shall establish eligibility standards for |
such
services. In determining the amount and nature of services
|
for which a person may qualify, consideration shall not be |
given to the
value of cash, property or other assets held in |
the name of the person's
spouse pursuant to a written agreement |
dividing marital property into equal
but separate shares or |
pursuant to a transfer of the person's interest in a
home to |
his spouse, provided that the spouse's share of the marital
|
property is not made available to the person seeking such |
services.
|
Beginning January 1, 2008, the Department shall require as |
a condition of eligibility that all new financially eligible |
applicants apply for and enroll in medical assistance under |
|
Article V of the Illinois Public Aid Code in accordance with |
rules promulgated by the Department.
|
The Department shall, in conjunction with the Department of |
Public Aid (now Department of Healthcare and Family Services),
|
seek appropriate amendments under Sections 1915 and 1924 of the |
Social
Security Act. The purpose of the amendments shall be to |
extend eligibility
for home and community based services under |
Sections 1915 and 1924 of the
Social Security Act to persons |
who transfer to or for the benefit of a
spouse those amounts of |
income and resources allowed under Section 1924 of
the Social |
Security Act. Subject to the approval of such amendments, the
|
Department shall extend the provisions of Section 5-4 of the |
Illinois
Public Aid Code to persons who, but for the provision |
of home or
community-based services, would require the level of |
care provided in an
institution, as is provided for in federal |
law. Those persons no longer
found to be eligible for receiving |
noninstitutional services due to changes
in the eligibility |
criteria shall be given 45 days notice prior to actual
|
termination. Those persons receiving notice of termination may |
contact the
Department and request the determination be |
appealed at any time during the
45 day notice period. The |
target
population identified for the purposes of this Section |
are persons age 60
and older with an identified service need. |
Priority shall be given to those
who are at imminent risk of |
institutionalization. The services shall be
provided to |
eligible persons age 60 and older to the extent that the cost
|
|
of the services together with the other personal maintenance
|
expenses of the persons are reasonably related to the standards
|
established for care in a group facility appropriate to the |
person's
condition. These non-institutional services, pilot |
projects or
experimental facilities may be provided as part of |
or in addition to
those authorized by federal law or those |
funded and administered by the
Department of Human Services. |
The Departments of Human Services, Healthcare and Family |
Services,
Public Health, Veterans' Affairs, and Commerce and |
Economic Opportunity and
other appropriate agencies of State, |
federal and local governments shall
cooperate with the |
Department on Aging in the establishment and development
of the |
non-institutional services. The Department shall require an |
annual
audit from all personal assistant
and home care aide |
vendors contracting with
the Department under this Section. The |
annual audit shall assure that each
audited vendor's procedures |
are in compliance with Department's financial
reporting |
guidelines requiring an administrative and employee wage and |
benefits cost split as defined in administrative rules. The |
audit is a public record under
the Freedom of Information Act. |
The Department shall execute, relative to
the nursing home |
prescreening project, written inter-agency
agreements with the |
Department of Human Services and the Department
of Healthcare |
and Family Services, to effect the following: (1) intake |
procedures and common
eligibility criteria for those persons |
who are receiving non-institutional
services; and (2) the |
|
establishment and development of non-institutional
services in |
areas of the State where they are not currently available or |
are
undeveloped. On and after July 1, 1996, all nursing home |
prescreenings for
individuals 60 years of age or older shall be |
conducted by the Department.
|
As part of the Department on Aging's routine training of |
case managers and case manager supervisors, the Department may |
include information on family futures planning for persons who |
are age 60 or older and who are caregivers of their adult |
children with developmental disabilities. The content of the |
training shall be at the Department's discretion. |
The Department is authorized to establish a system of |
recipient copayment
for services provided under this Section, |
such copayment to be based upon
the recipient's ability to pay |
but in no case to exceed the actual cost of
the services |
provided. Additionally, any portion of a person's income which
|
is equal to or less than the federal poverty standard shall not |
be
considered by the Department in determining the copayment. |
The level of
such copayment shall be adjusted whenever |
necessary to reflect any change
in the officially designated |
federal poverty standard.
|
The Department, or the Department's authorized |
representative, may
recover the amount of moneys expended for |
services provided to or in
behalf of a person under this |
Section by a claim against the person's
estate or against the |
estate of the person's surviving spouse, but no
recovery may be |
|
had until after the death of the surviving spouse, if
any, and |
then only at such time when there is no surviving child who
is |
under age 21 or , blind or who has a permanent and total |
disability , or permanently and totally disabled . This
|
paragraph, however, shall not bar recovery, at the death of the |
person, of
moneys for services provided to the person or in |
behalf of the person under
this Section to which the person was |
not entitled;
provided that such recovery shall not be enforced |
against any real estate while
it is occupied as a homestead by |
the surviving spouse or other dependent, if no
claims by other |
creditors have been filed against the estate, or, if such
|
claims have been filed, they remain dormant for failure of |
prosecution or
failure of the claimant to compel administration |
of the estate for the purpose
of payment. This paragraph shall |
not bar recovery from the estate of a spouse,
under Sections |
1915 and 1924 of the Social Security Act and Section 5-4 of the
|
Illinois Public Aid Code, who precedes a person receiving |
services under this
Section in death. All moneys for services
|
paid to or in behalf of the person under this Section shall be |
claimed for
recovery from the deceased spouse's estate. |
"Homestead", as used
in this paragraph, means the dwelling |
house and
contiguous real estate occupied by a surviving spouse
|
or relative, as defined by the rules and regulations of the |
Department of Healthcare and Family Services, regardless of the |
value of the property.
|
The Department shall increase the effectiveness of the |
|
existing Community Care Program by: |
(1) ensuring that in-home services included in the care |
plan are available on evenings and weekends; |
(2) ensuring that care plans contain the services that |
eligible participants
need based on the number of days in a |
month, not limited to specific blocks of time, as |
identified by the comprehensive assessment tool selected |
by the Department for use statewide, not to exceed the |
total monthly service cost maximum allowed for each |
service; the Department shall develop administrative rules |
to implement this item (2); |
(3) ensuring that the participants have the right to |
choose the services contained in their care plan and to |
direct how those services are provided, based on |
administrative rules established by the Department; |
(4) ensuring that the determination of need tool is |
accurate in determining the participants' level of need; to |
achieve this, the Department, in conjunction with the Older |
Adult Services Advisory Committee, shall institute a study |
of the relationship between the Determination of Need |
scores, level of need, service cost maximums, and the |
development and utilization of service plans no later than |
May 1, 2008; findings and recommendations shall be |
presented to the Governor and the General Assembly no later |
than January 1, 2009; recommendations shall include all |
needed changes to the service cost maximums schedule and |
|
additional covered services; |
(5) ensuring that homemakers can provide personal care |
services that may or may not involve contact with clients, |
including but not limited to: |
(A) bathing; |
(B) grooming; |
(C) toileting; |
(D) nail care; |
(E) transferring; |
(F) respiratory services; |
(G) exercise; or |
(H) positioning; |
(6) ensuring that homemaker program vendors are not |
restricted from hiring homemakers who are family members of |
clients or recommended by clients; the Department may not, |
by rule or policy, require homemakers who are family |
members of clients or recommended by clients to accept |
assignments in homes other than the client; |
(7) ensuring that the State may access maximum federal |
matching funds by seeking approval for the Centers for |
Medicare and Medicaid Services for modifications to the |
State's home and community based services waiver and |
additional waiver opportunities, including applying for |
enrollment in the Balance Incentive Payment Program by May |
1, 2013, in order to maximize federal matching funds; this |
shall include, but not be limited to, modification that |
|
reflects all changes in the Community Care Program services |
and all increases in the services cost maximum; |
(8) ensuring that the determination of need tool |
accurately reflects the service needs of individuals with |
Alzheimer's disease and related dementia disorders; |
(9) ensuring that services are authorized accurately |
and consistently for the Community Care Program (CCP); the |
Department shall implement a Service Authorization policy |
directive; the purpose shall be to ensure that eligibility |
and services are authorized accurately and consistently in |
the CCP program; the policy directive shall clarify service |
authorization guidelines to Care Coordination Units and |
Community Care Program providers no later than May 1, 2013; |
(10) working in conjunction with Care Coordination |
Units, the Department of Healthcare and Family Services, |
the Department of Human Services, Community Care Program |
providers, and other stakeholders to make improvements to |
the Medicaid claiming processes and the Medicaid |
enrollment procedures or requirements as needed, |
including, but not limited to, specific policy changes or |
rules to improve the up-front enrollment of participants in |
the Medicaid program and specific policy changes or rules |
to insure more prompt submission of bills to the federal |
government to secure maximum federal matching dollars as |
promptly as possible; the Department on Aging shall have at |
least 3 meetings with stakeholders by January 1, 2014 in |
|
order to address these improvements; |
(11) requiring home care service providers to comply |
with the rounding of hours worked provisions under the |
federal Fair Labor Standards Act (FLSA) and as set forth in |
29 CFR 785.48(b) by May 1, 2013; |
(12) implementing any necessary policy changes or |
promulgating any rules, no later than January 1, 2014, to |
assist the Department of Healthcare and Family Services in |
moving as many participants as possible, consistent with |
federal regulations, into coordinated care plans if a care |
coordination plan that covers long term care is available |
in the recipient's area; and |
(13) maintaining fiscal year 2014 rates at the same |
level established on January 1, 2013. |
By January 1, 2009 or as soon after the end of the Cash and |
Counseling Demonstration Project as is practicable, the |
Department may, based on its evaluation of the demonstration |
project, promulgate rules concerning personal assistant |
services, to include, but need not be limited to, |
qualifications, employment screening, rights under fair labor |
standards, training, fiduciary agent, and supervision |
requirements. All applicants shall be subject to the provisions |
of the Health Care Worker Background Check Act.
|
The Department shall develop procedures to enhance |
availability of
services on evenings, weekends, and on an |
emergency basis to meet the
respite needs of caregivers. |
|
Procedures shall be developed to permit the
utilization of |
services in successive blocks of 24 hours up to the monthly
|
maximum established by the Department. Workers providing these |
services
shall be appropriately trained.
|
Beginning on the effective date of this Amendatory Act of |
1991, no person
may perform chore/housekeeping and home care |
aide services under a program
authorized by this Section unless |
that person has been issued a certificate
of pre-service to do |
so by his or her employing agency. Information
gathered to |
effect such certification shall include (i) the person's name,
|
(ii) the date the person was hired by his or her current |
employer, and
(iii) the training, including dates and levels. |
Persons engaged in the
program authorized by this Section |
before the effective date of this
amendatory Act of 1991 shall |
be issued a certificate of all pre- and
in-service training |
from his or her employer upon submitting the necessary
|
information. The employing agency shall be required to retain |
records of
all staff pre- and in-service training, and shall |
provide such records to
the Department upon request and upon |
termination of the employer's contract
with the Department. In |
addition, the employing agency is responsible for
the issuance |
of certifications of in-service training completed to their
|
employees.
|
The Department is required to develop a system to ensure |
that persons
working as home care aides and personal assistants
|
receive increases in their
wages when the federal minimum wage |
|
is increased by requiring vendors to
certify that they are |
meeting the federal minimum wage statute for home care aides
|
and personal assistants. An employer that cannot ensure that |
the minimum
wage increase is being given to home care aides and |
personal assistants
shall be denied any increase in |
reimbursement costs.
|
The Community Care Program Advisory Committee is created in |
the Department on Aging. The Director shall appoint individuals |
to serve in the Committee, who shall serve at their own |
expense. Members of the Committee must abide by all applicable |
ethics laws. The Committee shall advise the Department on |
issues related to the Department's program of services to |
prevent unnecessary institutionalization. The Committee shall |
meet on a bi-monthly basis and shall serve to identify and |
advise the Department on present and potential issues affecting |
the service delivery network, the program's clients, and the |
Department and to recommend solution strategies. Persons |
appointed to the Committee shall be appointed on, but not |
limited to, their own and their agency's experience with the |
program, geographic representation, and willingness to serve. |
The Director shall appoint members to the Committee to |
represent provider, advocacy, policy research, and other |
constituencies committed to the delivery of high quality home |
and community-based services to older adults. Representatives |
shall be appointed to ensure representation from community care |
providers including, but not limited to, adult day service |
|
providers, homemaker providers, case coordination and case |
management units, emergency home response providers, statewide |
trade or labor unions that represent home care
aides and direct |
care staff, area agencies on aging, adults over age 60, |
membership organizations representing older adults, and other |
organizational entities, providers of care, or individuals |
with demonstrated interest and expertise in the field of home |
and community care as determined by the Director. |
Nominations may be presented from any agency or State |
association with interest in the program. The Director, or his |
or her designee, shall serve as the permanent co-chair of the |
advisory committee. One other co-chair shall be nominated and |
approved by the members of the committee on an annual basis. |
Committee members' terms of appointment shall be for 4 years |
with one-quarter of the appointees' terms expiring each year. A |
member shall continue to serve until his or her replacement is |
named. The Department shall fill vacancies that have a |
remaining term of over one year, and this replacement shall |
occur through the annual replacement of expiring terms. The |
Director shall designate Department staff to provide technical |
assistance and staff support to the committee. Department |
representation shall not constitute membership of the |
committee. All Committee papers, issues, recommendations, |
reports, and meeting memoranda are advisory only. The Director, |
or his or her designee, shall make a written report, as |
requested by the Committee, regarding issues before the |
|
Committee.
|
The Department on Aging and the Department of Human |
Services
shall cooperate in the development and submission of |
an annual report on
programs and services provided under this |
Section. Such joint report
shall be filed with the Governor and |
the General Assembly on or before
September 30 each year.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research Unit,
as |
required by Section 3.1 of the General Assembly Organization |
Act and
filing such additional copies with the State Government |
Report Distribution
Center for the General Assembly as is |
required under paragraph (t) of
Section 7 of the State Library |
Act.
|
Those persons previously found eligible for receiving |
non-institutional
services whose services were discontinued |
under the Emergency Budget Act of
Fiscal Year 1992, and who do |
not meet the eligibility standards in effect
on or after July |
1, 1992, shall remain ineligible on and after July 1,
1992. |
Those persons previously not required to cost-share and who |
were
required to cost-share effective March 1, 1992, shall |
continue to meet
cost-share requirements on and after July 1, |
1992. Beginning July 1, 1992,
all clients will be required to |
meet
eligibility, cost-share, and other requirements and will |
|
have services
discontinued or altered when they fail to meet |
these requirements. |
For the purposes of this Section, "flexible senior |
services" refers to services that require one-time or periodic |
expenditures including, but not limited to, respite care, home |
modification, assistive technology, housing assistance, and |
transportation.
|
The Department shall implement an electronic service |
verification based on global positioning systems or other |
cost-effective technology for the Community Care Program no |
later than January 1, 2014. |
The Department shall require, as a condition of |
eligibility, enrollment in the medical assistance program |
under Article V of the Illinois Public Aid Code (i) beginning |
August 1, 2013, if the Auditor General has reported that the |
Department has failed
to comply with the reporting requirements |
of Section 2-27 of
the Illinois State Auditing Act; or (ii) |
beginning June 1, 2014, if the Auditor General has reported |
that the
Department has not undertaken the required actions |
listed in
the report required by subsection (a) of Section 2-27 |
of the
Illinois State Auditing Act. |
The Department shall delay Community Care Program services |
until an applicant is determined eligible for medical |
assistance under Article V of the Illinois Public Aid Code (i) |
beginning August 1, 2013, if the Auditor General has reported |
that the Department has failed
to comply with the reporting |
|
requirements of Section 2-27 of
the Illinois State Auditing |
Act; or (ii) beginning June 1, 2014, if the Auditor General has |
reported that the
Department has not undertaken the required |
actions listed in
the report required by subsection (a) of |
Section 2-27 of the
Illinois State Auditing Act. |
The Department shall implement co-payments for the |
Community Care Program at the federally allowable maximum level |
(i) beginning August 1, 2013, if the Auditor General has |
reported that the Department has failed
to comply with the |
reporting requirements of Section 2-27 of
the Illinois State |
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
General has reported that the
Department has not undertaken the |
required actions listed in
the report required by subsection |
(a) of Section 2-27 of the
Illinois State Auditing Act. |
The Department shall provide a bi-monthly report on the |
progress of the Community Care Program reforms set forth in |
this amendatory Act of the 98th General Assembly to the |
Governor, the Speaker of the House of Representatives, the |
Minority Leader of the House of Representatives, the
President |
of the
Senate, and the Minority Leader of the Senate. |
The Department shall conduct a quarterly review of Care |
Coordination Unit performance and adherence to service |
guidelines. The quarterly review shall be reported to the |
Speaker of the House of Representatives, the Minority Leader of |
the House of Representatives, the
President of the
Senate, and |
the Minority Leader of the Senate. The Department shall collect |
|
and report longitudinal data on the performance of each care |
coordination unit. Nothing in this paragraph shall be construed |
to require the Department to identify specific care |
coordination units. |
In regard to community care providers, failure to comply |
with Department on Aging policies shall be cause for |
disciplinary action, including, but not limited to, |
disqualification from serving Community Care Program clients. |
Each provider, upon submission of any bill or invoice to the |
Department for payment for services rendered, shall include a |
notarized statement, under penalty of perjury pursuant to |
Section 1-109 of the Code of Civil Procedure, that the provider |
has complied with all Department policies. |
The Director of the Department on Aging shall make |
information available to the State Board of Elections as may be |
required by an agreement the State Board of Elections has |
entered into with a multi-state voter registration list |
maintenance system. |
(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171, |
eff. 6-1-15.)
|
(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
|
Sec. 4.03. The Department on Aging, in cooperation with the |
Department of
Human Services and any other appropriate State, |
local or
federal agency, shall, without regard to income |
guidelines, establish a
nursing home prescreening program to |
|
determine whether Alzheimer's Disease
and related disorders |
victims, and persons who are deemed as blind or
as a person |
with a disability disabled as defined by the Social Security |
Act and who are in need of long
term care, may be |
satisfactorily cared for in their homes through the use
of home |
and community based services. Responsibility for prescreening |
shall be vested with case coordination units.
Prescreening |
shall occur: (i) when hospital discharge planners have advised |
the case coordination unit of the imminent risk of nursing home |
placement of a patient who meets the above criteria and in |
advance of discharge of the patient; or (ii) when a case |
coordination unit has been advised of the imminent risk of |
nursing home placement of an individual in the community. The |
individual who is prescreened shall be informed of all |
appropriate options, including placement in a nursing home and |
the availability of in-home and community-based services and |
shall be advised of her or his right to refuse nursing home, |
in-home, community-based, or all services. In addition, the |
individual being prescreened shall be informed of spousal |
impoverishment requirements, the need to submit financial |
information to access services, and the consequences for |
failure to do so in a form and manner developed jointly by the |
Department on Aging, the Department of Human Services, and the |
Department of Healthcare and Family Services. Case |
coordination units under
contract with the Department may |
charge a fee for the prescreening provided
under this Section |
|
and the fee shall be no greater than the cost of such
services |
to the case coordination unit. At the time of each |
prescreening, case coordination units shall provide |
information regarding the Office of State Long Term Care |
Ombudsman's Residents Right to Know database as authorized in |
subsection (c-5) of Section 4.04.
|
(Source: P.A. 98-255, eff. 8-9-13.)
|
(20 ILCS 105/4.15) |
Sec. 4.15. Eligibility determinations. |
(a) The Department is authorized to make eligibility |
determinations for benefits administered by other governmental |
bodies based on the Senior Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief Act as |
follows: |
(i) for the Secretary of State with respect to reduced |
fees paid by qualified vehicle owners under the Illinois |
Vehicle Code; |
(ii) for special districts that offer free fixed route |
public transportation services for qualified older adults |
under the Local Mass Transit District Act, the Metropolitan |
Transit Authority Act, and the Regional Transportation |
Authority Act; and |
(iii) for special districts that offer transit |
services for qualified individuals with disabilities under |
the Local Mass Transit District Act, the Metropolitan |
|
Transit Authority Act, and the Regional Transportation |
Authority Act. |
(b) The Department shall establish the manner by which |
claimants shall apply for these benefits. The Department is |
authorized to promulgate rules regarding the following |
matters: the application cycle; the application process; the |
content for an electronic application; required personal |
identification information; acceptable proof of eligibility as |
to age, disability status, marital status, residency, and |
household income limits; household composition; calculating |
income; use of social security numbers; duration of eligibility |
determinations; and any other matters necessary for such |
administrative operations. |
(c) All information received by the Department from an |
application or from any investigation to determine eligibility |
for benefits shall be confidential, except for official |
purposes. |
(d) A person may not under any circumstances charge a fee |
to a claimant for assistance in completing an application form |
for these benefits.
|
(Source: P.A. 98-887, eff. 8-15-14.)
|
Section 110. The Illinois
AgrAbility Act is amended by |
changing Section 15 as follows:
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(20 ILCS 235/15)
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Sec. 15. Illinois AgrAbility Program established.
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(a) Subject to appropriation, the Department, in |
cooperation with the University of Illinois Extension,
shall |
contract with a non-profit disability service provider or other |
entity that assists farmers with disabilities disabled |
farmers , to establish and administer the Illinois AgrAbility |
Program in order to assist
individuals who are engaged in |
farming or an agriculture-related activity and
who have been |
affected by disability.
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(b) Services provided by the Illinois AgrAbility Program |
shall
include, but are not limited to, the following:
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(1) A toll-free information and referral hotline.
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(2) The establishment of networks with local
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agricultural and rehabilitation professionals.
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(3) The coordination of community resources.
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(4) The establishment of networks with local |
agricultural and health care professionals to
help |
identify individuals who may be eligible for assistance and |
to help
identify the best method of providing that |
assistance.
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(5) The provision of information on and assistance |
regarding equipment
modification.
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(6) Job restructuring.
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(7) The provision of information on and assistance |
regarding the development of alternative jobs.
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In order to provide these services, the Illinois AgrAbility |
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Program shall
cooperate and share resources, facilities, and |
employees with AgrAbility
Unlimited, the University of |
Illinois Extension, and the Office of Rehabilitation Services |
of the Department of
Human Services.
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The costs of the program, including any related |
administrative expenses from the Department, may be paid from |
any funds specifically appropriated or otherwise available to |
the Department for that purpose. The Department may pay the |
costs of the Illinois AgrAbility program by making grants to |
the operating entity, by making grants directly to service |
providers, by paying reimbursements for services provided, or |
in any other appropriate manner. |
(c) The Department has the power to enter into any |
agreements that are necessary and appropriate for the |
establishment, operation, and funding of the Illinois |
AgrAbility Program. The Department may adopt any rules that it |
determines necessary for the establishment, operation, and |
funding of the Illinois AgrAbility Program.
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(Source: P.A. 94-216, eff. 7-14-05.)
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Section 115. The Alcoholism and Other Drug Abuse and |
Dependency Act is amended by changing Section 30-5 as follows:
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(20 ILCS 301/30-5)
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Sec. 30-5. Patients' rights established.
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(a) For purposes of this Section, "patient" means any |
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person who is
receiving or has received intervention, treatment |
or aftercare services under
this Act.
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(b) No patient who is receiving or who has received |
intervention, treatment
or aftercare services under this Act |
shall be deprived of any rights, benefits,
or privileges |
guaranteed by law, the Constitution of the United States of
|
America, or the Constitution of the State of Illinois solely |
because of his
status as a patient of a program.
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(c) Persons who abuse or are dependent on alcohol or other |
drugs who are
also suffering from medical conditions shall not |
be discriminated against in
admission or treatment by any |
hospital which receives support in any form from
any program |
supported in whole or in part by funds appropriated to any |
State
department or agency.
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(d) Every patient shall have impartial access to services |
without regard to
race, religion, sex, ethnicity, age or |
disability handicap .
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(e) Patients shall be permitted the free exercise of |
religion.
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(f) Every patient's personal dignity shall be recognized in |
the provision
of services, and a patient's personal privacy |
shall be assured and protected
within the constraints of his |
individual treatment plan.
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(g) Treatment services shall be provided in the least |
restrictive
environment possible.
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(h) Each patient shall be provided an individual treatment |
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plan, which
shall be periodically reviewed and updated as |
necessary.
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(i) Every patient shall be permitted to participate in the |
planning of his
total care and medical treatment to the extent |
that his condition permits.
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(j) A person shall not be denied treatment solely because |
he has withdrawn
from treatment against medical advice on a |
prior occasion or because he has
relapsed after earlier |
treatment or, when in medical crisis, because of
inability to |
pay.
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(k) The patient in treatment shall be permitted visits by |
family and
significant others, unless such visits are |
clinically contraindicated.
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(l) A patient in treatment shall be allowed to conduct |
private telephone
conversations with family and friends unless |
clinically contraindicated.
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(m) A patient shall be permitted to send and receive mail |
without
hindrance, unless clinically contraindicated.
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(n) A patient shall be permitted to manage his own |
financial affairs unless
he or his guardian, or if the patient |
is a minor, his parent, authorizes
another competent person to |
do so.
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(o) A patient shall be permitted to request the opinion of |
a consultant at
his own expense, or to request an in-house |
review of a treatment plan, as
provided in the specific |
procedures of the provider. A treatment provider is
not liable |
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for the negligence of any consultant.
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(p) Unless otherwise prohibited by State or federal law, |
every patient
shall be permitted to obtain from his own |
physician, the treatment provider or
the treatment provider's |
consulting physician complete and current information
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concerning the nature of care, procedures and treatment which |
he will receive.
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(q) A patient shall be permitted to refuse to participate |
in any
experimental research or medical procedure without |
compromising his access to
other, non-experimental services. |
Before a patient is placed in an
experimental research or |
medical procedure, the provider must first obtain his
informed |
written consent or otherwise comply with the federal |
requirements
regarding the protection of human subjects |
contained in 45 C.F.R.
Part 46.
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(r) All medical treatment and procedures shall be |
administered as ordered
by a physician. In order to assure |
compliance by the treatment program with
all physician orders, |
all new physician orders shall be reviewed by the
treatment |
program's staff within a reasonable period of time after such |
orders
have been issued. "Medical treatment and procedures" |
means those services that
can be ordered only by a physician |
licensed to practice medicine in all of its
branches in |
Illinois.
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(s) Every patient shall be permitted to refuse medical |
treatment and to
know the consequences of such action. Such |
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refusal by a patient shall free the
treatment program from the |
obligation to provide the treatment.
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(t) Unless otherwise prohibited by State or federal law, |
every patient,
patient's guardian, or parent, if the patient is |
a minor, shall be permitted to
inspect and copy all clinical |
and other records kept by the treatment program
or by his |
physician concerning his care and maintenance. The treatment |
program
or physician may charge a reasonable fee for the |
duplication of a record.
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(u) No owner, licensee, administrator, employee or agent of |
a treatment
program shall abuse or neglect a patient. It is the |
duty of any program
employee or agent who becomes aware of such |
abuse or neglect to report it to
the Department immediately.
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(v) The administrator of a program may refuse access to the |
program to any
person if the actions of that person while in |
the program are or could be
injurious to the health and safety |
of a patient or the program, or if the
person seeks access to |
the program for commercial purposes.
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(w) A patient may be discharged from a program after he |
gives the
administrator written notice of his desire to be |
discharged or upon completion
of his prescribed course of |
treatment. No patient shall be discharged or
transferred |
without the preparation of a post-treatment aftercare plan by |
the
program.
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(x) Patients and their families or legal guardians shall |
have the right to
present complaints concerning the quality of |
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care provided to the patient,
without threat of discharge or |
reprisal in any form or manner whatsoever. The
treatment |
provider shall have in place a mechanism for receiving and |
responding
to such complaints, and shall inform the patient and |
his family or legal
guardian of this mechanism and how to use |
it. The provider shall analyze any
complaint received and, when |
indicated, take appropriate corrective action.
Every patient |
and his family member or legal guardian who makes a complaint
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shall receive a timely response from the provider which |
substantively addresses
the complaint. The provider shall |
inform the patient and his family or legal
guardian about other |
sources of assistance if the provider has not resolved the
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complaint to the satisfaction of the patient or his family or |
legal guardian.
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(y) A resident may refuse to perform labor at a program |
unless such labor
is a part of his individual treatment program |
as documented in his clinical
record.
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(z) A person who is in need of treatment may apply for |
voluntary admission
to a treatment program in the manner and |
with the rights provided for under
regulations promulgated by |
the Department. If a person is refused admission to
a licensed |
treatment program, the staff of the program, subject to rules
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promulgated by the Department, shall refer the person to |
another treatment or
other appropriate program.
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(aa) No patient shall be denied services based solely on |
HIV status.
Further, records and information governed by the |
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AIDS Confidentiality Act and
the AIDS Confidentiality and |
Testing Code (77 Ill. Adm. Code 697) shall be
maintained in |
accordance therewith.
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(bb) Records of the identity, diagnosis, prognosis or |
treatment of any
patient maintained in connection with the |
performance of any program or
activity relating to alcohol or |
other drug abuse or dependency education, early
intervention, |
intervention, training, treatment or rehabilitation which is
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regulated, authorized, or directly or indirectly assisted by |
any Department or
agency of this State or under any provision |
of this Act shall be confidential
and may be disclosed only in |
accordance with the provisions of federal law and
regulations |
concerning the confidentiality of alcohol and drug abuse |
patient
records as contained in 42 U.S.C. Sections 290dd-3 and |
290ee-3 and 42 C.F.R.
Part 2.
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(1) The following are exempt from the confidentiality |
protections set
forth in 42 C.F.R. Section 2.12(c):
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(A) Veteran's Administration records.
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(B) Information obtained by the Armed Forces.
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(C) Information given to qualified service |
organizations.
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(D) Communications within a program or between a |
program and an entity
having direct administrative |
control over that program.
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(E) Information given to law enforcement personnel |
investigating a
patient's commission of a crime on the |
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program premises or against program
personnel.
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(F) Reports under State law of incidents of |
suspected child abuse and
neglect; however, |
confidentiality restrictions continue to
apply to the |
records and any follow-up information for disclosure |
and use in
civil or criminal proceedings arising from |
the report of suspected abuse or
neglect.
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(2) If the information is not exempt, a disclosure can |
be made only under
the following circumstances:
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(A) With patient consent as set forth in 42 C.F.R. |
Sections 2.1(b)(1)
and 2.31, and as consistent with |
pertinent State law.
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(B) For medical emergencies as set forth in 42 |
C.F.R. Sections
2.1(b)(2) and 2.51.
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(C) For research activities as set forth in 42 |
C.F.R. Sections
2.1(b)(2) and 2.52.
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(D) For audit evaluation activities as set forth in |
42 C.F.R. Section
2.53.
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(E) With a court order as set forth in 42 C.F.R. |
Sections 2.61 through
2.67.
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(3) The restrictions on disclosure and use of patient |
information apply
whether the holder of the information |
already has it, has other means of
obtaining it, is a law |
enforcement or other official, has obtained a subpoena,
or |
asserts any other justification for a disclosure or use |
which is not
permitted by 42 C.F.R. Part 2. Any court |
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orders authorizing disclosure of
patient records under |
this Act must comply with the procedures and criteria set
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forth in 42 C.F.R. Sections 2.64 and 2.65. Except as |
authorized by a court
order granted under this Section, no |
record referred to in this Section may be
used to initiate |
or substantiate any charges against a patient or to conduct
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any investigation of a patient.
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(4) The prohibitions of this subsection shall apply to |
records concerning
any person who has been a patient, |
regardless of whether or when he ceases to
be a patient.
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(5) Any person who discloses the content of any record |
referred to in this
Section except as authorized shall, |
upon conviction, be guilty of a Class A
misdemeanor.
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(6) The Department shall prescribe regulations to |
carry out the purposes
of
this subsection. These |
regulations may contain such definitions, and may
provide |
for such safeguards and procedures, including procedures |
and criteria
for the issuance and scope of court orders, as |
in the judgment of the
Department are necessary or proper |
to effectuate the purposes of this Section,
to prevent |
circumvention or evasion thereof, or to facilitate |
compliance
therewith.
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(cc) Each patient shall be given a written explanation of |
all the rights
enumerated in this Section. If a patient is |
unable to read such written
explanation, it shall be read to |
the patient in a language that the patient
understands. A copy |
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of all the rights enumerated in this Section shall be
posted in |
a conspicuous place within the program where it may readily be
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seen and read by program patients and visitors.
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(dd) The program shall ensure that its staff is familiar |
with and observes
the rights and responsibilities enumerated in |
this Section.
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(Source: P.A. 90-655, eff. 7-30-98.)
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Section 120. The Department of Central Management Services |
Law of the
Civil Administrative Code of Illinois is amended by |
changing Section 405-300 as follows:
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(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
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Sec. 405-300. Lease or purchase of facilities; training |
programs.
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(a) To lease or purchase office and storage space,
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buildings, land, and other
facilities for all State agencies, |
authorities, boards, commissions,
departments, institutions, |
and bodies politic and all other administrative
units or |
outgrowths of the executive branch of State government except |
the
Constitutional officers, the State Board of Education and |
the State
colleges and universities and their governing bodies. |
However, before
leasing or purchasing any office or storage |
space, buildings, land
or other facilities in any municipality |
the Department shall survey the
existing State-owned and |
State-leased property
to make a determination of need.
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The leases shall be for
a term not to exceed 5 years, |
except that the leases
may contain a renewal clause subject to |
acceptance by the State after
that date or an option to |
purchase. The purchases shall be made
through
contracts that |
(i) may provide for the title to the property to
transfer
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immediately to the State or a trustee or nominee for the |
benefit of the
State, (ii) shall provide for the consideration |
to be
paid in installments to
be made at stated intervals |
during a certain term not to exceed 30 years
from the date of |
the contract, and (iii) may provide for the
payment of interest |
on the unpaid balance at a rate that does not exceed
a rate |
determined by adding 3 percentage points to the annual yield on
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United States Treasury
obligations of comparable maturity as |
most recently published in the Wall
Street Journal at the time |
such contract is signed. The leases and
purchase
contracts |
shall be and shall recite
that they are subject to termination |
and cancellation in any year for which
the General Assembly |
fails to make an appropriation to pay the rent or
purchase |
installments payable
under the terms of the lease or purchase |
contract.
Additionally, the purchase contract shall specify |
that title to
the office
and storage space, buildings, land, |
and other facilities being acquired
under
the contract shall |
revert to the Seller in the event of the
failure
of the General |
Assembly to appropriate suitable funds.
However, this |
limitation on the
term of the leases does not apply to leases |
to and with the
Illinois
Building Authority, as provided for in |
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the Building Authority Act. Leases to and with that Authority |
may be
entered into for a term not to exceed 30 years and shall |
be and shall
recite that they are subject to termination and |
cancellation in any year
for which the General Assembly fails |
to make an appropriation to pay the
rent payable under the |
terms of the lease. These limitations do
not
apply if the lease |
or purchase contract contains a provision
limiting the |
liability for
the payment of the rentals or installments |
thereof solely to funds
received from the Federal government.
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(b) To lease from an airport authority office, aircraft |
hangar, and
service buildings constructed upon a public airport |
under the Airport
Authorities Act for the use and occupancy of |
the State Department of
Transportation. The lease may be |
entered into for a term not
to exceed
30 years.
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(c) To establish training programs for teaching State |
leasing procedures
and practices to new employees of the |
Department and to keep all employees
of the Department informed |
about current leasing practices and developments
in the real |
estate industry.
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(d) To enter into an agreement with a municipality or |
county to
construct, remodel, or convert a structure for the |
purposes of its serving
as a correctional institution or |
facility pursuant to paragraph (c) of
Section 3-2-2 of the |
Unified Code of Corrections.
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(e) To enter into an agreement with a private individual,
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trust, partnership,
or corporation or a municipality or other |
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unit of local government, when
authorized to do so by the |
Department of Corrections,
whereby that individual, trust, |
partnership, or corporation or
municipality or other unit of |
local government will construct, remodel,
or convert a |
structure for the purposes of its serving as a correctional
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institution or facility and then lease the structure to the
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Department
for the use of the Department of Corrections. A |
lease entered into pursuant
to the authority granted in this
|
subsection shall be for a
term not to exceed 30 years but may |
grant to the State the
option to purchase the structure |
outright.
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The leases shall be and shall recite that they are subject |
to
termination and cancellation in any year for which the |
General Assembly
fails to make an appropriation to pay the rent |
payable under the terms of the
lease.
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(f) On and after September 17, 1983, the powers granted to
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the Department under this Section shall be exercised |
exclusively by the
Department, and no other State agency may |
concurrently exercise any such
power unless specifically |
authorized otherwise by a later enacted law.
This subsection is |
not intended to impair any contract existing as of
September |
17, 1983.
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However, no lease for more than 10,000 square feet of space |
shall be executed
unless the Director, in consultation with the |
Executive Director of the
Capital
Development Board, has |
certified that leasing is in the best interest of
the State, |
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considering programmatic requirements, availability of vacant
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State-owned space, the cost-benefits of purchasing or |
constructing new
space,
and other criteria as he or she shall |
determine. The Director shall not
permit
multiple leases for |
less than 10,000 square feet to be executed in order
to evade |
this provision.
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(g) To develop and implement, in cooperation with the |
Interagency
Energy Conservation Committee, a system for |
evaluating energy consumption in
facilities leased by the |
Department, and to develop energy consumption
standards for use |
in evaluating prospective lease sites.
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(h) (1) After June 1, 1998 (the effective date of Public |
Act 90-520), the
Department
shall not
enter into an |
agreement for the installment purchase or lease purchase of
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buildings,
land, or facilities
unless:
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(A) the using agency certifies to the Department |
that the agency
reasonably
expects that the building, |
land, or facilities being considered for
purchase will
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meet a permanent space need;
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(B) the building or facilities will be |
substantially occupied by State
agencies
after |
purchase (or after acceptance in the case of a build to |
suit);
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(C) the building or facilities shall be in new or |
like new condition and
have a
remaining economic life |
exceeding the term of the contract;
|
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(D) no structural or other major building |
component or system has a
remaining economic life of |
less than 10 years;
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(E) the building, land, or facilities:
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(i) is free of any identifiable environmental |
hazard or
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(ii) is subject to a management plan, provided |
by the seller and
acceptable to the State, to |
address the known environmental
hazard;
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(F) the building, land, or facilities satisfy |
applicable handicap
accessibility
and applicable |
building codes; and
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(G) the State's cost to lease purchase or |
installment purchase the
building,
land, or facilities |
is less than the cost to lease space of comparable
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quality, size, and location over the lease purchase or |
installment purchase
term.
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(2) The Department shall establish the methodology for |
comparing lease
costs to
the costs of installment or lease |
purchases. The cost comparison shall take
into account all
|
relevant cost factors, including, but not limited to, debt |
service,
operating
and maintenance costs,
insurance and |
risk costs, real estate taxes, reserves for replacement and
|
repairs, security costs,
and utilities. The methodology |
shall also provide:
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(A) that the comparison will be made using level |
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payment plans; and
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(B) that a purchase price must not exceed the fair |
market value of the
buildings, land, or facilities and |
that the purchase price
must be substantiated by
an |
appraisal or by a competitive selection process.
|
(3) If the Department intends to enter into an |
installment purchase or
lease purchase agreement for |
buildings, land, or facilities under circumstances
that do |
not satisfy the conditions specified by this Section, it |
must issue a
notice to the Secretary of the Senate and the |
Clerk of the House. The notice
shall contain (i) specific |
details of the State's proposed purchase, including
the |
amounts, purposes, and financing terms; (ii) a specific |
description of how
the proposed purchase varies from the |
procedures set forth in this Section; and
(iii) a specific |
justification, signed by the Director, stating why
it is in |
the
State's best interests to proceed with the purchase. |
The Department may not
proceed with such an installment |
purchase or lease purchase agreement if,
within 60 calendar |
days after delivery of the notice, the General Assembly, by
|
joint resolution, disapproves the transaction. Delivery |
may take place on a
day and at an hour when the Senate and |
House are not in session so long as the
offices of |
Secretary and Clerk are open to receive the notice. In |
determining
the 60-day period within which the General |
Assembly must act,
the day on which
delivery is made to the |
|
Senate and House shall not be counted. If delivery of
the |
notice to the 2 houses occurs on different days, the 60-day
|
period shall begin on the day following the later delivery.
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(4) On or before February 15 of each year, the |
Department shall submit an
annual report to the Director of |
the
Governor's Office of Management and Budget and the |
General
Assembly regarding installment purchases or lease |
purchases of buildings, land,
or facilities that were |
entered into during the preceding calendar year. The
report |
shall include a summary statement of the aggregate amount |
of the State's
obligations under those purchases; specific |
details pertaining to
each purchase,
including the |
amounts, purposes, and financing terms and payment |
schedule
for each
purchase; and any other matter that the |
Department deems advisable.
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The requirement for reporting to the General Assembly |
shall be satisfied by
filing copies of the report with the |
Auditor General, the Speaker, the Minority
Leader, and the |
Clerk of the House of Representatives and the President,
|
the
Minority Leader,
and the Secretary of the Senate, the |
Chairs of the Appropriations Committees,
and the |
Legislative Research Unit, as required
by Section 3.1 of |
the General Assembly Organization Act, and filing
|
additional
copies with the State Government Report |
Distribution Center for the General
Assembly as is required |
under paragraph (t) of Section 7 of the State Library
Act.
|
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(Source: P.A. 94-793, eff. 5-19-06.)
|
Section 125. The Federal Surplus Property Act is amended by |
changing Section 2 as follows:
|
(20 ILCS 430/2) (from Ch. 127, par. 176d2)
|
Sec. 2. Authority and Duties of the State Agency for |
Federal Surplus Property.
|
(a) The State Agency for Federal Surplus Property is hereby |
authorized
and empowered (1) to acquire from the United States |
of America under and
in conformance with the provisions of |
paragraph (j) of Section 203 of the
Federal Property and |
Administrative Services Act of 1949, as amended, hereinafter
|
referred to as the "Federal Act", such property, including |
equipment, materials,
books, or other supplies under the |
control of any department or agency of
the United States of |
America as may be useable and necessary for distribution
to any |
public agency for use in carrying out or promoting for the |
residents
of a given political area one or more public |
purposes, such as conservation,
economic development, |
education, parks and recreation, public health, and
public |
safety; or to nonprofit educational or public health |
institutions
or organizations, such as medical institutions, |
hospitals, clinics, health
centers, schools, colleges, |
universities, schools for persons with physical disabilities |
the physically handicapped ,
child care centers, radio and |
|
television stations licensed by the Federal
Communications |
Commission as
educational radio or educational television |
stations, museums attended by
the public, and libraries serving |
free all residents of a community, district,
State, or region, |
which are exempt from taxation under Section 501 of the
|
Internal Revenue Code of 1954, for purposes of education or |
public health,
including research for any such purpose; and for |
such other purposes as
may now or hereafter be authorized by |
Federal law; (2) to warehouse such
property; or if so requested |
by the recipient, to arrange shipment of that
property, when |
acquired, directly to the recipient.
|
(b) The State Agency for Federal Surplus Property is hereby |
authorized
to receive applications from eligible health and |
educational institutions
for the acquisition of Federal |
surplus real property, investigate the same,
obtain expression |
of views respecting such applications from the appropriate
|
health or educational authorities of the State, make |
recommendations regarding
the need of such applicant for the |
property, the merits of its proposed
program of utilization, |
the suitability of the property for such purposes,
and |
otherwise assist in the processing of such applications for |
acquisition
of real and related personal property of the United |
States under paragraph
(k) of Section 203 of the Federal Act.
|
(c) For the purpose of executing its authority under this |
Act, the State
Agency for Federal Surplus Property is |
authorized and empowered to adopt,
amend, or rescind such rules |
|
and regulations and prescribe such requirements
as may be |
deemed necessary; and take such other action as is deemed |
necessary
and suitable, in the administration of this Act, and |
to provide for the
fair and equitable distribution of property |
within the State based on the
relative needs and resources of |
interested public agencies and other eligible
institutions |
within the State and their abilities to utilize the property.
|
(d) The State Agency for Federal Surplus Property is |
authorized and empowered
to make such certifications, take such |
action, make such expenditures, require
such reports and make |
such investigations as may be required by law or regulation
of |
the United States of America in connection with the disposal of |
real
property and the receipt, warehousing, and distribution of |
personal property
received by the State Agency for Federal |
Surplus Property from the United
States of America and to enter |
into contracts, agreements and undertakings
for and in the name |
of the State (including cooperative agreements with
any Federal |
agencies providing for utilization by and exchange between |
them,
without reimbursement, of the property, facilities, |
personnel and services
of each by the other, and agreements |
with other State Agencies for Federal
Surplus Property and with |
associations or groups of such State Agencies.)
|
(e) The State Agency for Federal Surplus Property is |
authorized and empowered
to act as a clearing house of |
information for the public and private nonprofit
institutions, |
organizations and agencies referred to in subparagraph (3)
of |
|
Section 2 of this Act and other institutions eligible to |
acquire Federal
surplus real property, to locate both real and |
personal property available
for acquisition from the United |
States of America, to ascertain the terms
and conditions under |
which such property may be obtained, to receive requests
from |
the above mentioned institutions, organizations and agencies |
and to
transmit to them all available information in reference |
to such property,
and to aid and assist such institutions, |
organizations and agencies in every
way possible in the |
consummation of acquisitions or transactions hereunder.
|
(f) The State Agency for Federal Surplus Property, in the |
administration
of this Act, shall cooperate to the fullest |
extent consistent with the provisions
of the Federal Act, with |
the Administrator of the General Services Administration
and |
shall file a State plan of operation, operate in accordance |
therewith,
and take such action as may be necessary to meet the |
minimum standards prescribed
in accordance with the Federal |
Act, and make such reports in such form and
containing such |
information as the United States of America or any of its
|
departments or agencies may from time to time require, and it |
shall comply
with the laws of the United States of America and |
the rules and regulations
of any of the departments or agencies |
of the United States of America governing
the allocation, |
transfer and use of, or account for, property donable or
|
donated to eligible donees in the State.
|
(Source: P.A. 81-1509.)
|
|
Section 130. The Children and Family Services Act is |
amended by changing Sections 5, 7, 12.1, and 12.2 as follows:
|
(20 ILCS 505/5) (from Ch. 23, par. 5005)
|
Sec. 5. Direct child welfare services; Department of |
Children and Family
Services. To provide direct child welfare |
services when not available
through other public or private |
child care or program facilities.
|
(a) For purposes of this Section:
|
(1) "Children" means persons found within the State who |
are under the
age of 18 years. The term also includes |
persons under age 21 who:
|
(A) were committed to the Department pursuant to |
the
Juvenile Court Act or the Juvenile Court Act of |
1987, as amended, prior to
the age of 18 and who |
continue under the jurisdiction of the court; or
|
(B) were accepted for care, service and training by
|
the Department prior to the age of 18 and whose best |
interest in the
discretion of the Department would be |
served by continuing that care,
service and training |
because of severe emotional disturbances, physical
|
disability, social adjustment or any combination |
thereof, or because of the
need to complete an |
educational or vocational training program.
|
(2) "Homeless youth" means persons found within the
|
|
State who are under the age of 19, are not in a safe and |
stable living
situation and cannot be reunited with their |
families.
|
(3) "Child welfare services" means public social |
services which are
directed toward the accomplishment of |
the following purposes:
|
(A) protecting and promoting the health, safety |
and welfare of
children,
including homeless, dependent |
or neglected children;
|
(B) remedying, or assisting in the solution
of |
problems which may result in, the neglect, abuse, |
exploitation or
delinquency of children;
|
(C) preventing the unnecessary separation of |
children
from their families by identifying family |
problems, assisting families in
resolving their |
problems, and preventing the breakup of the family
|
where the prevention of child removal is desirable and |
possible when the
child can be cared for at home |
without endangering the child's health and
safety;
|
(D) restoring to their families children who have |
been
removed, by the provision of services to the child |
and the families when the
child can be cared for at |
home without endangering the child's health and
|
safety;
|
(E) placing children in suitable adoptive homes, |
in
cases where restoration to the biological family is |
|
not safe, possible or
appropriate;
|
(F) assuring safe and adequate care of children |
away from their
homes, in cases where the child cannot |
be returned home or cannot be placed
for adoption. At |
the time of placement, the Department shall consider
|
concurrent planning,
as described in subsection (l-1) |
of this Section so that permanency may
occur at the |
earliest opportunity. Consideration should be given so |
that if
reunification fails or is delayed, the |
placement made is the best available
placement to |
provide permanency for the child;
|
(G) (blank);
|
(H) (blank); and
|
(I) placing and maintaining children in facilities |
that provide
separate living quarters for children |
under the age of 18 and for children
18 years of age |
and older, unless a child 18 years of age is in the |
last
year of high school education or vocational |
training, in an approved
individual or group treatment |
program, in a licensed shelter facility,
or secure |
child care facility.
The Department is not required to |
place or maintain children:
|
(i) who are in a foster home, or
|
(ii) who are persons with a developmental |
disability, as defined in
the Mental
Health and |
Developmental Disabilities Code, or
|
|
(iii) who are female children who are |
pregnant, pregnant and
parenting or parenting, or
|
(iv) who are siblings, in facilities that |
provide separate living quarters for children 18
|
years of age and older and for children under 18 |
years of age.
|
(b) Nothing in this Section shall be construed to authorize |
the
expenditure of public funds for the purpose of performing |
abortions.
|
(c) The Department shall establish and maintain |
tax-supported child
welfare services and extend and seek to |
improve voluntary services
throughout the State, to the end |
that services and care shall be available
on an equal basis |
throughout the State to children requiring such services.
|
(d) The Director may authorize advance disbursements for |
any new program
initiative to any agency contracting with the |
Department. As a
prerequisite for an advance disbursement, the |
contractor must post a
surety bond in the amount of the advance |
disbursement and have a
purchase of service contract approved |
by the Department. The Department
may pay up to 2 months |
operational expenses in advance. The amount of the
advance |
disbursement shall be prorated over the life of the contract
or |
the remaining months of the fiscal year, whichever is less, and |
the
installment amount shall then be deducted from future |
bills. Advance
disbursement authorizations for new initiatives |
shall not be made to any
agency after that agency has operated |
|
during 2 consecutive fiscal years.
The requirements of this |
Section concerning advance disbursements shall
not apply with |
respect to the following: payments to local public agencies
for |
child day care services as authorized by Section 5a of this |
Act; and
youth service programs receiving grant funds under |
Section 17a-4.
|
(e) (Blank).
|
(f) (Blank).
|
(g) The Department shall establish rules and regulations |
concerning
its operation of programs designed to meet the goals |
of child safety and
protection,
family preservation, family |
reunification, and adoption, including but not
limited to:
|
(1) adoption;
|
(2) foster care;
|
(3) family counseling;
|
(4) protective services;
|
(5) (blank);
|
(6) homemaker service;
|
(7) return of runaway children;
|
(8) (blank);
|
(9) placement under Section 5-7 of the Juvenile Court |
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
Court Act of 1987 in
accordance with the federal Adoption |
Assistance and Child Welfare Act of
1980; and
|
(10) interstate services.
|
Rules and regulations established by the Department shall |
|
include
provisions for training Department staff and the staff |
of Department
grantees, through contracts with other agencies |
or resources, in alcohol
and drug abuse screening techniques |
approved by the Department of Human
Services, as a successor to |
the Department of Alcoholism and Substance Abuse,
for the |
purpose of identifying children and adults who
should be |
referred to an alcohol and drug abuse treatment program for
|
professional evaluation.
|
(h) If the Department finds that there is no appropriate |
program or
facility within or available to the Department for a |
ward and that no
licensed private facility has an adequate and |
appropriate program or none
agrees to accept the ward, the |
Department shall create an appropriate
individualized, |
program-oriented plan for such ward. The
plan may be developed |
within the Department or through purchase of services
by the |
Department to the extent that it is within its statutory |
authority
to do.
|
(i) Service programs shall be available throughout the |
State and shall
include but not be limited to the following |
services:
|
(1) case management;
|
(2) homemakers;
|
(3) counseling;
|
(4) parent education;
|
(5) day care; and
|
(6) emergency assistance and advocacy.
|
|
In addition, the following services may be made available |
to assess and
meet the needs of children and families:
|
(1) comprehensive family-based services;
|
(2) assessments;
|
(3) respite care; and
|
(4) in-home health services.
|
The Department shall provide transportation for any of the |
services it
makes available to children or families or for |
which it refers children
or families.
|
(j) The Department may provide categories of financial |
assistance and
education assistance grants, and shall
|
establish rules and regulations concerning the assistance and |
grants, to
persons who
adopt children with physical or mental |
disabilities, children who are older, or physically or mentally |
handicapped, older and other hard-to-place
children who (i) |
immediately prior to their adoption were legal wards of
the |
Department
or (ii) were determined eligible for financial |
assistance with respect to a
prior adoption and who become |
available for adoption because the
prior adoption has been |
dissolved and the parental rights of the adoptive
parents have |
been
terminated or because the child's adoptive parents have |
died.
The Department may continue to provide financial |
assistance and education assistance grants for a child who was |
determined eligible for financial assistance under this |
subsection (j) in the interim period beginning when the child's |
adoptive parents died and ending with the finalization of the |
|
new adoption of the child by another adoptive parent or |
parents. The Department may also provide categories of |
financial
assistance and education assistance grants, and
|
shall establish rules and regulations for the assistance and |
grants, to persons
appointed guardian of the person under |
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
4-25 or 5-740 of the Juvenile Court Act of 1987
for children |
who were wards of the Department for 12 months immediately
|
prior to the appointment of the guardian.
|
The amount of assistance may vary, depending upon the needs |
of the child
and the adoptive parents,
as set forth in the |
annual
assistance agreement. Special purpose grants are |
allowed where the child
requires special service but such costs |
may not exceed the amounts
which similar services would cost |
the Department if it were to provide or
secure them as guardian |
of the child.
|
Any financial assistance provided under this subsection is
|
inalienable by assignment, sale, execution, attachment, |
garnishment, or any
other remedy for recovery or collection of |
a judgment or debt.
|
(j-5) The Department shall not deny or delay the placement |
of a child for
adoption
if an approved family is available |
either outside of the Department region
handling the case,
or |
outside of the State of Illinois.
|
(k) The Department shall accept for care and training any |
child who has
been adjudicated neglected or abused, or |
|
dependent committed to it pursuant
to the Juvenile Court Act or |
the Juvenile Court Act of 1987.
|
(l) The Department shall
offer family preservation |
services, as defined in Section 8.2 of the Abused
and
Neglected |
Child
Reporting Act, to help families, including adoptive and |
extended families.
Family preservation
services shall be |
offered (i) to prevent the
placement
of children in
substitute |
care when the children can be cared for at home or in the |
custody of
the person
responsible for the children's welfare,
|
(ii) to
reunite children with their families, or (iii) to
|
maintain an adoptive placement. Family preservation services |
shall only be
offered when doing so will not endanger the |
children's health or safety. With
respect to children who are |
in substitute care pursuant to the Juvenile Court
Act of 1987, |
family preservation services shall not be offered if a goal |
other
than those of subdivisions (A), (B), or (B-1) of |
subsection (2) of Section 2-28
of
that Act has been set.
|
Nothing in this paragraph shall be construed to create a |
private right of
action or claim on the part of any individual |
or child welfare agency, except that when a child is the |
subject of an action under Article II of the Juvenile Court Act |
of 1987 and the child's service plan calls for services to |
facilitate achievement of the permanency goal, the court |
hearing the action under Article II of the Juvenile Court Act |
of 1987 may order the Department to provide the services set |
out in the plan, if those services are not provided with |
|
reasonable promptness and if those services are available.
|
The Department shall notify the child and his family of the
|
Department's
responsibility to offer and provide family |
preservation services as
identified in the service plan. The |
child and his family shall be eligible
for services as soon as |
the report is determined to be "indicated". The
Department may |
offer services to any child or family with respect to whom a
|
report of suspected child abuse or neglect has been filed, |
prior to
concluding its investigation under Section 7.12 of the |
Abused and Neglected
Child Reporting Act. However, the child's |
or family's willingness to
accept services shall not be |
considered in the investigation. The
Department may also |
provide services to any child or family who is the
subject of |
any report of suspected child abuse or neglect or may refer |
such
child or family to services available from other agencies |
in the community,
even if the report is determined to be |
unfounded, if the conditions in the
child's or family's home |
are reasonably likely to subject the child or
family to future |
reports of suspected child abuse or neglect. Acceptance
of such |
services shall be voluntary. The Department may also provide |
services to any child or family after completion of a family |
assessment, as an alternative to an investigation, as provided |
under the "differential response program" provided for in |
subsection (a-5) of Section 7.4 of the Abused and Neglected |
Child Reporting Act.
|
The Department may, at its discretion except for those |
|
children also
adjudicated neglected or dependent, accept for |
care and training any child
who has been adjudicated addicted, |
as a truant minor in need of
supervision or as a minor |
requiring authoritative intervention, under the
Juvenile Court |
Act or the Juvenile Court Act of 1987, but no such child
shall |
be committed to the Department by any court without the |
approval of
the Department. On and after the effective date of |
this amendatory Act of the 98th General Assembly and before |
January 1, 2017, a minor charged with a criminal offense under |
the Criminal
Code of 1961 or the Criminal Code of 2012 or |
adjudicated delinquent shall not be placed in the custody of or
|
committed to the Department by any court, except (i) a minor |
less than 16 years
of age committed to the Department under |
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor |
for whom an independent basis of abuse, neglect, or dependency |
exists, which must be defined by departmental rule, or (iii) a |
minor for whom the court has granted a supplemental petition to |
reinstate wardship pursuant to subsection (2) of Section 2-33 |
of the Juvenile Court Act of 1987. On and after January 1, |
2017, a minor charged with a criminal offense under the |
Criminal
Code of 1961 or the Criminal Code of 2012 or |
adjudicated delinquent shall not be placed in the custody of or
|
committed to the Department by any court, except (i) a minor |
less than 15 years
of age committed to the Department under |
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor |
for whom an independent basis of abuse, neglect, or dependency |
|
exists, which must be defined by departmental rule, or (iii) a |
minor for whom the court has granted a supplemental petition to |
reinstate wardship pursuant to subsection (2) of Section 2-33 |
of the Juvenile Court Act of 1987. An independent basis exists |
when the allegations or adjudication of abuse, neglect, or |
dependency do not arise from the same facts, incident, or |
circumstances which give rise to a charge or adjudication of |
delinquency.
|
As soon as is possible after August 7, 2009 (the effective |
date of Public Act 96-134), the Department shall develop and |
implement a special program of family preservation services to |
support intact, foster, and adoptive families who are |
experiencing extreme hardships due to the difficulty and stress |
of caring for a child who has been diagnosed with a pervasive |
developmental disorder if the Department determines that those |
services are necessary to ensure the health and safety of the |
child. The Department may offer services to any family whether |
or not a report has been filed under the Abused and Neglected |
Child Reporting Act. The Department may refer the child or |
family to services available from other agencies in the |
community if the conditions in the child's or family's home are |
reasonably likely to subject the child or family to future |
reports of suspected child abuse or neglect. Acceptance of |
these services shall be voluntary. The Department shall develop |
and implement a public information campaign to alert health and |
social service providers and the general public about these |
|
special family preservation services. The nature and scope of |
the services offered and the number of families served under |
the special program implemented under this paragraph shall be |
determined by the level of funding that the Department annually |
allocates for this purpose. The term "pervasive developmental |
disorder" under this paragraph means a neurological condition, |
including but not limited to, Asperger's Syndrome and autism, |
as defined in the most recent edition of the Diagnostic and |
Statistical Manual of Mental Disorders of the American |
Psychiatric Association. |
(l-1) The legislature recognizes that the best interests of |
the child
require that
the child be placed in the most |
permanent living arrangement as soon as is
practically
|
possible. To achieve this goal, the legislature directs the |
Department of
Children and
Family Services to conduct |
concurrent planning so that permanency may occur at
the
|
earliest opportunity. Permanent living arrangements may |
include prevention of
placement of a child outside the home of |
the family when the child can be cared
for at
home without |
endangering the child's health or safety; reunification with |
the
family,
when safe and appropriate, if temporary placement |
is necessary; or movement of
the child
toward the most |
permanent living arrangement and permanent legal status.
|
When determining reasonable efforts to be made with respect |
to a child, as
described in this
subsection, and in making such |
reasonable efforts, the child's health and
safety shall be the
|
|
paramount concern.
|
When a child is placed in foster care, the Department shall |
ensure and
document that reasonable efforts were made to |
prevent or eliminate the need to
remove the child from the |
child's home. The Department must make
reasonable efforts to |
reunify the family when temporary placement of the child
occurs
|
unless otherwise required, pursuant to the Juvenile Court Act |
of 1987.
At any time after the dispositional hearing where the |
Department believes
that further reunification services would |
be ineffective, it may request a
finding from the court that |
reasonable efforts are no longer appropriate. The
Department is |
not required to provide further reunification services after |
such
a
finding.
|
A decision to place a child in substitute care shall be |
made with
considerations of the child's health, safety, and |
best interests. At the
time of placement, consideration should |
also be given so that if reunification
fails or is delayed, the |
placement made is the best available placement to
provide |
permanency for the child.
|
The Department shall adopt rules addressing concurrent |
planning for
reunification and permanency. The Department |
shall consider the following
factors when determining |
appropriateness of concurrent planning:
|
(1) the likelihood of prompt reunification;
|
(2) the past history of the family;
|
(3) the barriers to reunification being addressed by |
|
the family;
|
(4) the level of cooperation of the family;
|
(5) the foster parents' willingness to work with the |
family to reunite;
|
(6) the willingness and ability of the foster family to |
provide an
adoptive
home or long-term placement;
|
(7) the age of the child;
|
(8) placement of siblings.
|
(m) The Department may assume temporary custody of any |
child if:
|
(1) it has received a written consent to such temporary |
custody
signed by the parents of the child or by the parent |
having custody of the
child if the parents are not living |
together or by the guardian or
custodian of the child if |
the child is not in the custody of either
parent, or
|
(2) the child is found in the State and neither a |
parent,
guardian nor custodian of the child can be located.
|
If the child is found in his or her residence without a parent, |
guardian,
custodian or responsible caretaker, the Department |
may, instead of removing
the child and assuming temporary |
custody, place an authorized
representative of the Department |
in that residence until such time as a
parent, guardian or |
custodian enters the home and expresses a willingness
and |
apparent ability to ensure the child's health and safety and |
resume
permanent
charge of the child, or until a
relative |
enters the home and is willing and able to ensure the child's |
|
health
and
safety and assume charge of the
child until a |
parent, guardian or custodian enters the home and expresses
|
such willingness and ability to ensure the child's safety and |
resume
permanent charge. After a caretaker has remained in the |
home for a period not
to exceed 12 hours, the Department must |
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
5-415 of the Juvenile Court Act
of 1987.
|
The Department shall have the authority, responsibilities |
and duties that
a legal custodian of the child would have |
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court |
Act of 1987. Whenever a child is taken
into temporary custody |
pursuant to an investigation under the Abused and
Neglected |
Child Reporting Act, or pursuant to a referral and acceptance
|
under the Juvenile Court Act of 1987 of a minor in limited |
custody, the
Department, during the period of temporary custody |
and before the child
is brought before a judicial officer as |
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
Court Act of 1987, shall have
the authority, responsibilities |
and duties that a legal custodian of the child
would have under |
subsection (9) of Section 1-3 of the Juvenile Court Act of
|
1987.
|
The Department shall ensure that any child taken into |
custody
is scheduled for an appointment for a medical |
examination.
|
A parent, guardian or custodian of a child in the temporary |
custody of the
Department who would have custody of the child |
|
if he were not in the
temporary custody of the Department may |
deliver to the Department a signed
request that the Department |
surrender the temporary custody of the child.
The Department |
may retain temporary custody of the child for 10 days after
the |
receipt of the request, during which period the Department may |
cause to
be filed a petition pursuant to the Juvenile Court Act |
of 1987. If a
petition is so filed, the Department shall retain |
temporary custody of the
child until the court orders |
otherwise. If a petition is not filed within
the 10 day period, |
the child shall be surrendered to the custody of the
requesting |
parent, guardian or custodian not later than the expiration of
|
the 10 day period, at which time the authority and duties of |
the Department
with respect to the temporary custody of the |
child shall terminate.
|
(m-1) The Department may place children under 18 years of |
age in a secure
child care facility licensed by the Department |
that cares for children who are
in need of secure living |
arrangements for their health, safety, and well-being
after a |
determination is made by the facility director and the Director |
or the
Director's designate prior to admission to the facility |
subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
This subsection (m-1) does not apply
to a child who is subject |
to placement in a correctional facility operated
pursuant to |
Section 3-15-2 of the Unified Code of Corrections, unless the
|
child is a ward who was placed under the care of the Department |
before being
subject to placement in a correctional facility |
|
and a court of competent
jurisdiction has ordered placement of |
the child in a secure care facility.
|
(n) The Department may place children under 18 years of age |
in
licensed child care facilities when in the opinion of the |
Department,
appropriate services aimed at family preservation |
have been unsuccessful and
cannot ensure the child's health and |
safety or are unavailable and such
placement would be for their |
best interest. Payment
for board, clothing, care, training and |
supervision of any child placed in
a licensed child care |
facility may be made by the Department, by the
parents or |
guardians of the estates of those children, or by both the
|
Department and the parents or guardians, except that no |
payments shall be
made by the Department for any child placed |
in a licensed child care
facility for board, clothing, care, |
training and supervision of such a
child that exceed the |
average per capita cost of maintaining and of caring
for a |
child in institutions for dependent or neglected children |
operated by
the Department. However, such restriction on |
payments does not apply in
cases where children require |
specialized care and treatment for problems of
severe emotional |
disturbance, physical disability, social adjustment, or
any |
combination thereof and suitable facilities for the placement |
of such
children are not available at payment rates within the |
limitations set
forth in this Section. All reimbursements for |
services delivered shall be
absolutely inalienable by |
assignment, sale, attachment, garnishment or
otherwise.
|
|
(n-1) The Department shall provide or authorize child |
welfare services, aimed at assisting minors to achieve |
sustainable self-sufficiency as independent adults, for any |
minor eligible for the reinstatement of wardship pursuant to |
subsection (2) of Section 2-33 of the Juvenile Court Act of |
1987, whether or not such reinstatement is sought or allowed, |
provided that the minor consents to such services and has not |
yet attained the age of 21. The Department shall have |
responsibility for the development and delivery of services |
under this Section. An eligible youth may access services under |
this Section through the Department of Children and Family |
Services or by referral from the Department of Human Services. |
Youth participating in services under this Section shall |
cooperate with the assigned case manager in developing an |
agreement identifying the services to be provided and how the |
youth will increase skills to achieve self-sufficiency. A |
homeless shelter is not considered appropriate housing for any |
youth receiving child welfare services under this Section. The |
Department shall continue child welfare services under this |
Section to any eligible minor until the minor becomes 21 years |
of age, no longer consents to participate, or achieves |
self-sufficiency as identified in the minor's service plan. The |
Department of Children and Family Services shall create clear, |
readable notice of the rights of former foster youth to child |
welfare services under this Section and how such services may |
be obtained. The Department of Children and Family Services and |
|
the Department of Human Services shall disseminate this |
information statewide. The Department shall adopt regulations |
describing services intended to assist minors in achieving |
sustainable self-sufficiency as independent adults. |
(o) The Department shall establish an administrative |
review and appeal
process for children and families who request |
or receive child welfare
services from the Department. Children |
who are wards of the Department and
are placed by private child |
welfare agencies, and foster families with whom
those children |
are placed, shall be afforded the same procedural and appeal
|
rights as children and families in the case of placement by the |
Department,
including the right to an initial review of a |
private agency decision by
that agency. The Department shall |
insure that any private child welfare
agency, which accepts |
wards of the Department for placement, affords those
rights to |
children and foster families. The Department shall accept for
|
administrative review and an appeal hearing a complaint made by |
(i) a child
or foster family concerning a decision following an |
initial review by a
private child welfare agency or (ii) a |
prospective adoptive parent who alleges
a violation of |
subsection (j-5) of this Section. An appeal of a decision
|
concerning a change in the placement of a child shall be |
conducted in an
expedited manner. A court determination that a |
current foster home placement is necessary and appropriate |
under Section 2-28 of the Juvenile Court Act of 1987 does not |
constitute a judicial determination on the merits of an |
|
administrative appeal, filed by a former foster parent, |
involving a change of placement decision.
|
(p) There is hereby created the Department of Children and |
Family
Services Emergency Assistance Fund from which the |
Department may provide
special financial assistance to |
families which are in economic crisis when
such assistance is |
not available through other public or private sources
and the |
assistance is deemed necessary to prevent dissolution of the |
family
unit or to reunite families which have been separated |
due to child abuse and
neglect. The Department shall establish |
administrative rules specifying
the criteria for determining |
eligibility for and the amount and nature of
assistance to be |
provided. The Department may also enter into written
agreements |
with private and public social service agencies to provide
|
emergency financial services to families referred by the |
Department.
Special financial assistance payments shall be |
available to a family no
more than once during each fiscal year |
and the total payments to a
family may not exceed $500 during a |
fiscal year.
|
(q) The Department may receive and use, in their entirety, |
for the
benefit of children any gift, donation or bequest of |
money or other
property which is received on behalf of such |
children, or any financial
benefits to which such children are |
or may become entitled while under
the jurisdiction or care of |
the Department.
|
The Department shall set up and administer no-cost, |
|
interest-bearing accounts in appropriate financial |
institutions
for children for whom the Department is legally |
responsible and who have been
determined eligible for Veterans' |
Benefits, Social Security benefits,
assistance allotments from |
the armed forces, court ordered payments, parental
voluntary |
payments, Supplemental Security Income, Railroad Retirement
|
payments, Black Lung benefits, or other miscellaneous |
payments. Interest
earned by each account shall be credited to |
the account, unless
disbursed in accordance with this |
subsection.
|
In disbursing funds from children's accounts, the |
Department
shall:
|
(1) Establish standards in accordance with State and |
federal laws for
disbursing money from children's |
accounts. In all
circumstances,
the Department's |
"Guardianship Administrator" or his or her designee must
|
approve disbursements from children's accounts. The |
Department
shall be responsible for keeping complete |
records of all disbursements for each account for any |
purpose.
|
(2) Calculate on a monthly basis the amounts paid from |
State funds for the
child's board and care, medical care |
not covered under Medicaid, and social
services; and |
utilize funds from the child's account, as
covered by |
regulation, to reimburse those costs. Monthly, |
disbursements from
all children's accounts, up to 1/12 of |
|
$13,000,000, shall be
deposited by the Department into the |
General Revenue Fund and the balance over
1/12 of |
$13,000,000 into the DCFS Children's Services Fund.
|
(3) Maintain any balance remaining after reimbursing |
for the child's costs
of care, as specified in item (2). |
The balance shall accumulate in accordance
with relevant |
State and federal laws and shall be disbursed to the child |
or his
or her guardian, or to the issuing agency.
|
(r) The Department shall promulgate regulations |
encouraging all adoption
agencies to voluntarily forward to the |
Department or its agent names and
addresses of all persons who |
have applied for and have been approved for
adoption of a |
hard-to-place or handicapped child or child with a disability |
and the names of such
children who have not been placed for |
adoption. A list of such names and
addresses shall be |
maintained by the Department or its agent, and coded
lists |
which maintain the confidentiality of the person seeking to |
adopt the
child and of the child shall be made available, |
without charge, to every
adoption agency in the State to assist |
the agencies in placing such
children for adoption. The |
Department may delegate to an agent its duty to
maintain and |
make available such lists. The Department shall ensure that
|
such agent maintains the confidentiality of the person seeking |
to adopt the
child and of the child.
|
(s) The Department of Children and Family Services may |
establish and
implement a program to reimburse Department and |
|
private child welfare
agency foster parents licensed by the |
Department of Children and Family
Services for damages |
sustained by the foster parents as a result of the
malicious or |
negligent acts of foster children, as well as providing third
|
party coverage for such foster parents with regard to actions |
of foster
children to other individuals. Such coverage will be |
secondary to the
foster parent liability insurance policy, if |
applicable. The program shall
be funded through appropriations |
from the General Revenue Fund,
specifically designated for such |
purposes.
|
(t) The Department shall perform home studies and |
investigations and
shall exercise supervision over visitation |
as ordered by a court pursuant
to the Illinois Marriage and |
Dissolution of Marriage Act or the Adoption
Act only if:
|
(1) an order entered by an Illinois court specifically
|
directs the Department to perform such services; and
|
(2) the court has ordered one or both of the parties to
|
the proceeding to reimburse the Department for its |
reasonable costs for
providing such services in accordance |
with Department rules, or has
determined that neither party |
is financially able to pay.
|
The Department shall provide written notification to the |
court of the
specific arrangements for supervised visitation |
and projected monthly costs
within 60 days of the court order. |
The Department shall send to the court
information related to |
the costs incurred except in cases where the court
has |
|
determined the parties are financially unable to pay. The court |
may
order additional periodic reports as appropriate.
|
(u) In addition to other information that must be provided, |
whenever the Department places a child with a prospective |
adoptive parent or parents or in a licensed foster home,
group |
home, child care institution, or in a relative home, the |
Department
shall provide to the prospective adoptive parent or |
parents or other caretaker:
|
(1) available detailed information concerning the |
child's educational
and health history, copies of |
immunization records (including insurance
and medical card |
information), a history of the child's previous |
placements,
if any, and reasons for placement changes |
excluding any information that
identifies or reveals the |
location of any previous caretaker;
|
(2) a copy of the child's portion of the client service |
plan, including
any visitation arrangement, and all |
amendments or revisions to it as
related to the child; and
|
(3) information containing details of the child's |
individualized
educational plan when the child is |
receiving special education services.
|
The caretaker shall be informed of any known social or |
behavioral
information (including, but not limited to, |
criminal background, fire
setting, perpetuation of
sexual |
abuse, destructive behavior, and substance abuse) necessary to |
care
for and safeguard the children to be placed or currently |
|
in the home. The Department may prepare a written summary of |
the information required by this paragraph, which may be |
provided to the foster or prospective adoptive parent in |
advance of a placement. The foster or prospective adoptive |
parent may review the supporting documents in the child's file |
in the presence of casework staff. In the case of an emergency |
placement, casework staff shall at least provide known |
information verbally, if necessary, and must subsequently |
provide the information in writing as required by this |
subsection.
|
The information described in this subsection shall be |
provided in writing. In the case of emergency placements when |
time does not allow prior review, preparation, and collection |
of written information, the Department shall provide such |
information as it becomes available. Within 10 business days |
after placement, the Department shall obtain from the |
prospective adoptive parent or parents or other caretaker a |
signed verification of receipt of the information provided. |
Within 10 business days after placement, the Department shall |
provide to the child's guardian ad litem a copy of the |
information provided to the prospective adoptive parent or |
parents or other caretaker. The information provided to the |
prospective adoptive parent or parents or other caretaker shall |
be reviewed and approved regarding accuracy at the supervisory |
level.
|
(u-5) Effective July 1, 1995, only foster care placements |
|
licensed as
foster family homes pursuant to the Child Care Act |
of 1969 shall be eligible to
receive foster care payments from |
the Department.
Relative caregivers who, as of July 1, 1995, |
were approved pursuant to approved
relative placement rules |
previously promulgated by the Department at 89 Ill.
Adm. Code |
335 and had submitted an application for licensure as a foster |
family
home may continue to receive foster care payments only |
until the Department
determines that they may be licensed as a |
foster family home or that their
application for licensure is |
denied or until September 30, 1995, whichever
occurs first.
|
(v) The Department shall access criminal history record |
information
as defined in the Illinois Uniform Conviction |
Information Act and information
maintained in the adjudicatory |
and dispositional record system as defined in
Section 2605-355 |
of the
Department of State Police Law (20 ILCS 2605/2605-355)
|
if the Department determines the information is necessary to |
perform its duties
under the Abused and Neglected Child |
Reporting Act, the Child Care Act of 1969,
and the Children and |
Family Services Act. The Department shall provide for
|
interactive computerized communication and processing |
equipment that permits
direct on-line communication with the |
Department of State Police's central
criminal history data |
repository. The Department shall comply with all
certification |
requirements and provide certified operators who have been
|
trained by personnel from the Department of State Police. In |
addition, one
Office of the Inspector General investigator |
|
shall have training in the use of
the criminal history |
information access system and have
access to the terminal. The |
Department of Children and Family Services and its
employees |
shall abide by rules and regulations established by the |
Department of
State Police relating to the access and |
dissemination of
this information.
|
(v-1) Prior to final approval for placement of a child, the |
Department shall conduct a criminal records background check of |
the prospective foster or adoptive parent, including |
fingerprint-based checks of national crime information |
databases. Final approval for placement shall not be granted if |
the record check reveals a felony conviction for child abuse or |
neglect, for spousal abuse, for a crime against children, or |
for a crime involving violence, including rape, sexual assault, |
or homicide, but not including other physical assault or |
battery, or if there is a felony conviction for physical |
assault, battery, or a drug-related offense committed within |
the past 5 years. |
(v-2) Prior to final approval for placement of a child, the |
Department shall check its child abuse and neglect registry for |
information concerning prospective foster and adoptive |
parents, and any adult living in the home. If any prospective |
foster or adoptive parent or other adult living in the home has |
resided in another state in the preceding 5 years, the |
Department shall request a check of that other state's child |
abuse and neglect registry.
|
|
(w) Within 120 days of August 20, 1995 (the effective date |
of Public Act
89-392), the Department shall prepare and submit |
to the Governor and the
General Assembly, a written plan for |
the development of in-state licensed
secure child care |
facilities that care for children who are in need of secure
|
living
arrangements for their health, safety, and well-being. |
For purposes of this
subsection, secure care facility shall |
mean a facility that is designed and
operated to ensure that |
all entrances and exits from the facility, a building
or a |
distinct part of the building, are under the exclusive control |
of the
staff of the facility, whether or not the child has the |
freedom of movement
within the perimeter of the facility, |
building, or distinct part of the
building. The plan shall |
include descriptions of the types of facilities that
are needed |
in Illinois; the cost of developing these secure care |
facilities;
the estimated number of placements; the potential |
cost savings resulting from
the movement of children currently |
out-of-state who are projected to be
returned to Illinois; the |
necessary geographic distribution of these
facilities in |
Illinois; and a proposed timetable for development of such
|
facilities. |
(x) The Department shall conduct annual credit history |
checks to determine the financial history of children placed |
under its guardianship pursuant to the Juvenile Court Act of |
1987. The Department shall conduct such credit checks starting |
when a ward turns 12 years old and each year thereafter for the |
|
duration of the guardianship as terminated pursuant to the |
Juvenile Court Act of 1987. The Department shall determine if |
financial exploitation of the child's personal information has |
occurred. If financial exploitation appears to have taken place |
or is presently ongoing, the Department shall notify the proper |
law enforcement agency, the proper State's Attorney, or the |
Attorney General. |
(y) Beginning on the effective date of this amendatory Act |
of the 96th General Assembly, a child with a disability who |
receives residential and educational services from the |
Department shall be eligible to receive transition services in |
accordance with Article 14 of the School Code from the age of |
14.5 through age 21, inclusive, notwithstanding the child's |
residential services arrangement. For purposes of this |
subsection, "child with a disability" means a child with a |
disability as defined by the federal Individuals with |
Disabilities Education Improvement Act of 2004. |
(z) The Department shall access criminal history record |
information as defined as "background information" in this |
subsection and criminal history record information as defined |
in the Illinois Uniform Conviction Information Act for each |
Department employee or Department applicant. Each Department |
employee or Department applicant shall submit his or her |
fingerprints to the Department of State Police in the form and |
manner prescribed by the Department of State Police. These |
fingerprints shall be checked against the fingerprint records |
|
now and hereafter filed in the Department of State Police and |
the Federal Bureau of Investigation criminal history records |
databases. The Department of State Police shall charge a fee |
for conducting the criminal history record check, which shall |
be deposited into the State Police Services Fund and shall not |
exceed the actual cost of the record check. The Department of |
State Police shall furnish, pursuant to positive |
identification, all Illinois conviction information to the |
Department of Children and Family Services. |
For purposes of this subsection: |
"Background information" means all of the following: |
(i) Upon the request of the Department of Children and |
Family Services, conviction information obtained from the |
Department of State Police as a result of a |
fingerprint-based criminal history records check of the |
Illinois criminal history records database and the Federal |
Bureau of Investigation criminal history records database |
concerning a Department employee or Department applicant. |
(ii) Information obtained by the Department of |
Children and Family Services after performing a check of |
the Department of State Police's Sex Offender Database, as |
authorized by Section 120 of the Sex Offender Community |
Notification Law, concerning a Department employee or |
Department applicant. |
(iii) Information obtained by the Department of |
Children and Family Services after performing a check of |
|
the Child Abuse and Neglect Tracking System (CANTS) |
operated and maintained by the Department. |
"Department employee" means a full-time or temporary |
employee coded or certified within the State of Illinois |
Personnel System. |
"Department applicant" means an individual who has |
conditional Department full-time or part-time work, a |
contractor, an individual used to replace or supplement staff, |
an academic intern, a volunteer in Department offices or on |
Department contracts, a work-study student, an individual or |
entity licensed by the Department, or an unlicensed service |
provider who works as a condition of a contract or an agreement |
and whose work may bring the unlicensed service provider into |
contact with Department clients or client records. |
(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; |
98-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff. |
1-1-15 .)
|
(20 ILCS 505/7) (from Ch. 23, par. 5007)
|
Sec. 7. Placement of children; considerations.
|
(a) In placing any child under this Act, the Department |
shall place the
child, as far as possible, in the care and |
custody of some individual
holding the same religious belief as |
the parents of the child, or with some
child care facility |
which is operated by persons of like religious faith as
the |
parents of such child.
|
|
(a-5) In placing a child under this Act, the Department |
shall place the child with the child's
sibling or siblings |
under Section 7.4 of this Act unless the placement is not in |
each child's best
interest, or is otherwise not possible under |
the Department's rules. If the child is not
placed with a |
sibling under the Department's rules, the Department shall |
consider
placements that are likely to develop, preserve, |
nurture, and support sibling relationships, where
doing so is |
in each child's best interest. |
(b) In placing a child under this Act, the Department may |
place a child
with a relative if the Department determines that |
the relative
will be able to adequately provide for the child's |
safety and welfare based on the factors set forth in the |
Department's rules governing relative placements, and that the |
placement is consistent with the child's best interests, taking |
into consideration the factors set out in subsection (4.05) of |
Section 1-3 of the Juvenile Court Act of 1987. |
When the Department first assumes custody of a child, in |
placing that child under this Act, the Department shall make |
reasonable efforts to identify and locate a relative who is |
ready, willing, and able to care for the child. At a minimum, |
these efforts shall be renewed each time the child requires a |
placement change and it is appropriate for the child to be |
cared for in a home environment. The Department must document |
its efforts to identify and locate such a relative placement |
and maintain the documentation in the child's case file. |
|
If the Department determines that a placement with any |
identified relative is not in the child's best interests or |
that the relative does not meet the requirements to be a |
relative caregiver, as set forth in Department rules or by |
statute, the Department must document the basis for that |
decision and maintain the documentation in the child's case |
file.
|
If, pursuant to the Department's rules, any person files an |
administrative appeal of the Department's decision not to place |
a child with a relative, it is the Department's burden to prove |
that the decision is consistent with the child's best |
interests. |
When the Department determines that the child requires |
placement in an environment, other than a home environment, the |
Department shall continue to make reasonable efforts to |
identify and locate relatives to serve as visitation resources |
for the child and potential future placement resources, except |
when the Department determines that those efforts would be |
futile or inconsistent with the child's best interests. |
If the Department determines that efforts to identify and |
locate relatives would be futile or inconsistent with the |
child's best interests, the Department shall document the basis |
of its determination and maintain the documentation in the |
child's case file. |
If the Department determines that an individual or a group |
of relatives are inappropriate to serve as visitation resources |
|
or possible placement resources, the Department shall document |
the basis of its determination and maintain the documentation |
in the child's case file. |
When the Department determines that an individual or a |
group of relatives are appropriate to serve as visitation |
resources or possible future placement resources, the |
Department shall document the basis of its determination, |
maintain the documentation in the child's case file, create a |
visitation or transition plan, or both, and incorporate the |
visitation or transition plan, or both, into the child's case |
plan. For the purpose of this subsection, any determination as |
to the child's best interests shall include consideration of |
the factors set out in subsection (4.05) of Section 1-3 of the |
Juvenile Court Act of 1987.
|
The Department may not place a child with a relative, with |
the exception of
certain circumstances which may be waived as |
defined by the Department in
rules, if the results of a check |
of the Law Enforcement Agencies
Data System (LEADS) identifies |
a prior criminal conviction of the relative or
any adult member |
of the relative's household for any of the following offenses
|
under the Criminal Code of 1961 or the Criminal Code of 2012:
|
(1) murder;
|
(1.1) solicitation of murder;
|
(1.2) solicitation of murder for hire;
|
(1.3) intentional homicide of an unborn child;
|
(1.4) voluntary manslaughter of an unborn child;
|
|
(1.5) involuntary manslaughter;
|
(1.6) reckless homicide;
|
(1.7) concealment of a homicidal death;
|
(1.8) involuntary manslaughter of an unborn child;
|
(1.9) reckless homicide of an unborn child;
|
(1.10) drug-induced homicide;
|
(2) a sex offense under Article 11, except offenses |
described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, |
11-40, and 11-45;
|
(3) kidnapping;
|
(3.1) aggravated unlawful restraint;
|
(3.2) forcible detention;
|
(3.3) aiding and abetting child abduction;
|
(4) aggravated kidnapping;
|
(5) child abduction;
|
(6) aggravated battery of a child as described in |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
|
(7) criminal sexual assault;
|
(8) aggravated criminal sexual assault;
|
(8.1) predatory criminal sexual assault of a child;
|
(9) criminal sexual abuse;
|
(10) aggravated sexual abuse;
|
(11) heinous battery as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05;
|
(12) aggravated battery with a firearm as described in |
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
|
(e)(4) of Section 12-3.05;
|
(13) tampering with food, drugs, or cosmetics;
|
(14) drug-induced infliction of great bodily harm as |
described in Section 12-4.7 or subdivision (g)(1) of |
Section 12-3.05;
|
(15) aggravated stalking;
|
(16) home invasion;
|
(17) vehicular invasion;
|
(18) criminal transmission of HIV;
|
(19) criminal abuse or neglect of an elderly person or |
person with a disability disabled person as described in |
Section 12-21 or subsection (b) of Section 12-4.4a;
|
(20) child abandonment;
|
(21) endangering the life or health of a child;
|
(22) ritual mutilation;
|
(23) ritualized abuse of a child;
|
(24) an offense in any other state the elements of |
which are similar and
bear a substantial relationship to |
any of the foregoing offenses.
|
For the purpose of this subsection, "relative" shall |
include
any person, 21 years of age or over, other than the |
parent, who (i) is
currently related to the child in any of the |
following ways by blood or
adoption: grandparent, sibling, |
great-grandparent, uncle, aunt, nephew, niece,
first cousin, |
second cousin, godparent, great-uncle, or great-aunt; or (ii) |
is
the spouse of such a
relative; or (iii) is the child's |
|
step-father, step-mother, or adult
step-brother or |
step-sister; or (iv) is a fictive kin; "relative" also includes |
a person related in any
of the foregoing ways to a sibling of a |
child, even though the person is not
related to the child, when |
the
child and its sibling are placed together with that person. |
For children who have been in the guardianship of the |
Department, have been adopted, and are subsequently returned to |
the temporary custody or guardianship of the Department, a |
"relative" may also include any person who would have qualified |
as a relative under this paragraph prior to the adoption, but |
only if the Department determines, and documents, that it would |
be in the child's best interests to consider this person a |
relative, based upon the factors for determining best interests |
set forth in subsection (4.05) of Section 1-3 of the Juvenile |
Court Act of 1987. A relative with
whom a child is placed |
pursuant to this subsection may, but is not required to,
apply |
for licensure as a foster family home pursuant to the Child |
Care Act of
1969; provided, however, that as of July 1, 1995, |
foster care payments shall be
made only to licensed foster |
family homes pursuant to the terms of Section 5 of
this Act.
|
Notwithstanding any other provision under this subsection |
to the contrary, a fictive kin with whom a child is placed |
pursuant to this subsection shall apply for licensure as a |
foster family home pursuant to the Child Care Act of 1969 |
within 6 months of the child's placement with the fictive kin. |
The Department shall not remove a child from the home of a |
|
fictive kin on the basis that the fictive kin fails to apply |
for licensure within 6 months of the child's placement with the |
fictive kin, or fails to meet the standard for licensure. All |
other requirements established under the rules and procedures |
of the Department concerning the placement of a child, for whom |
the Department is legally responsible, with a relative shall |
apply. By June 1, 2015, the Department shall promulgate rules |
establishing criteria and standards for placement, |
identification, and licensure of fictive kin. |
For purposes of this subsection, "fictive kin" means any |
individual, unrelated by birth or marriage, who is shown to |
have close personal or emotional ties with the child or the |
child's family prior to the child's placement with the |
individual. |
The provisions added to this subsection (b) by this |
amendatory Act of the 98th General Assembly shall become |
operative on and after June 1, 2015. |
(c) In placing a child under this Act, the Department shall |
ensure that
the child's health, safety, and best interests are |
met.
In rejecting placement of a child with an identified |
relative, the Department shall ensure that the child's health, |
safety, and best interests are met. In evaluating the best |
interests of the child, the Department shall take into |
consideration the factors set forth in subsection (4.05) of |
Section 1-3 of the Juvenile Court Act of 1987.
|
The Department shall consider the individual needs of the
|
|
child and the capacity of the prospective foster or adoptive
|
parents to meet the needs of the child. When a child must be |
placed
outside his or her home and cannot be immediately |
returned to his or her
parents or guardian, a comprehensive, |
individualized assessment shall be
performed of that child at |
which time the needs of the child shall be
determined. Only if |
race, color, or national origin is identified as a
legitimate |
factor in advancing the child's best interests shall it be
|
considered. Race, color, or national origin shall not be |
routinely
considered in making a placement decision. The |
Department shall make
special
efforts for the diligent |
recruitment of potential foster and adoptive families
that |
reflect the ethnic and racial diversity of the children for |
whom foster
and adoptive homes are needed. "Special efforts" |
shall include contacting and
working with community |
organizations and religious organizations and may
include |
contracting with those organizations, utilizing local media |
and other
local resources, and conducting outreach activities.
|
(c-1) At the time of placement, the Department shall |
consider concurrent
planning, as described in subsection (l-1) |
of Section 5, so that permanency may
occur at the earliest |
opportunity. Consideration should be given so that if
|
reunification fails or is delayed, the placement made is the |
best available
placement to provide permanency for the child.
|
(d) The Department may accept gifts, grants, offers of |
services, and
other contributions to use in making special |
|
recruitment efforts.
|
(e) The Department in placing children in adoptive or |
foster care homes
may not, in any policy or practice relating |
to the placement of children for
adoption or foster care, |
discriminate against any child or prospective adoptive
or |
foster parent on the basis of race.
|
(Source: P.A. 97-1076, eff. 8-24-12; 97-1109, eff. 1-1-13; |
97-1150, eff. 1-25-13; 98-846, eff. 1-1-15 .)
|
(20 ILCS 505/12.1) (from Ch. 23, par. 5012.1)
|
Sec. 12.1.
To cooperate with the State Board of Education
|
and the Department of Human Services in a program to
provide
|
for the placement, supervision and foster care
of children with |
disabilities handicaps who must leave their home community
in |
order to attend schools offering programs in special education.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(20 ILCS 505/12.2) (from Ch. 23, par. 5012.2)
|
Sec. 12.2.
To cooperate with the Department of Human
|
Services in any programs or projects regarding the care and |
education of
handicapped children with disabilities , |
particularly in relation to the institutions under the
|
administration of the Department.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
Section 140. The Illinois Enterprise Zone Act is amended by |
|
changing Section 9.2 as follows:
|
(20 ILCS 655/9.2) (from Ch. 67 1/2, par. 615)
|
Sec. 9.2. Exemptions from Regulatory Relaxation. (a) |
Section 9 and
subsection (a) of Section 9.1 do not apply to |
rules and regulations promulgated
pursuant to:
|
(i) the "Environmental Protection Act";
|
(ii) the "Illinois Historic Preservation Act";
|
(iii) the "Illinois Human Rights Act";
|
(iv) any successor acts to any of the foregoing; or
|
(v) any other acts whose purpose is the protection of the |
environment,
the preservation of historic places and |
landmarks, or the protection of
persons against discrimination |
on the basis of race, color, religion, sex,
marital status, |
national origin or physical or mental disability handicap .
|
(b) No exemption, modification or alternative to any agency |
rule or regulation
promulgated under Section 9 or 9.1 shall be |
effective which
|
(i) presents a significant risk to the health or safety of |
persons resident
in or employed within an Enterprise Zone;
|
(ii) would conflict with federal law or regulation such |
that the state,
or any unit of local government or school |
district, or any area of the state
other than Enterprise Zones, |
or any business enterprise located outside of
an Enterprise |
Zone would be
disqualified from a federal program or from |
federal tax or other benefits;
|
|
(iii) would suspend or modify an agency rule or regulation |
mandated by law; or
|
(iv) would eliminate or reduce benefits to individuals who |
are residents
of or employed within a Zone.
|
(Source: P.A. 82-1019.)
|
Section 145. The Department of Natural Resources |
(Conservation) Law of the
Civil Administrative Code of Illinois |
is amended by changing Section 805-305 as follows:
|
(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
|
Sec. 805-305. Campsites and housing facilities. The
|
Department has the power to provide facilities for
overnight |
tent and trailer camp sites and to provide suitable housing
|
facilities for student and juvenile overnight camping groups. |
The Department
of Natural Resources may regulate, by |
administrative
order, the fees to be charged for tent and |
trailer camping units at individual
park areas based upon the |
facilities available. However, for campsites with
access to |
showers or electricity, any Illinois resident who is age 62 or |
older
or has a Class 2 disability as defined in Section 4A of |
the Illinois
Identification Card Act shall be charged only |
one-half of the camping fee
charged to the general public |
during the period Monday through Thursday of any
week and shall |
be charged the same camping fee as the general public on all
|
other days. For campsites without access to showers or |
|
electricity, no camping
fee authorized by this Section shall be |
charged to any resident of Illinois who
has a Class 2 |
disability as defined in Section 4A of the Illinois
|
Identification Card Act. For campsites without access to |
showers or
electricity, no camping fee authorized by this |
Section shall be charged to any
resident of Illinois who is age |
62 or older for
the use of a camp site unit during the period |
Monday through Thursday of any
week. No camping fee authorized |
by this Section shall be charged to any
resident of Illinois |
who is a veteran with a disability disabled veteran or a former |
prisoner of
war, as defined in Section 5 of the Department of |
Veterans Affairs Act.
No camping fee authorized by this Section |
shall be charged to any
resident of Illinois after returning |
from service abroad or mobilization by the President of the |
United States as an active duty member of the United States |
Armed Forces, the Illinois National Guard, or the Reserves of |
the United States Armed Forces for the amount of time that the |
active duty member spent in service abroad or mobilized if the |
person (i) applies for a pass at the Department office in |
Springfield within 2 years after returning and provides |
acceptable verification of service or mobilization to the |
Department or (ii) applies for a pass at a Regional Office of |
the Department within 2 years after returning and provides |
acceptable verification of service or mobilization to the |
Department; any portion of a year that the active duty member |
spent in service abroad or mobilized shall count as a full |
|
year. Nonresidents shall be charged the same fees as are |
authorized for the general
public regardless of age. The |
Department shall provide by regulation for
suitable proof of |
age, or either a valid driver's license or a "Golden Age
|
Passport" issued by the federal government shall be acceptable |
as proof of
age. The Department shall further provide by |
regulation that notice of
these
reduced admission fees be |
posted in a conspicuous place and manner.
|
Reduced fees authorized in this Section shall not apply to |
any charge for
utility service.
|
For the purposes of this Section, "acceptable verification |
of service or mobilization" means official documentation from |
the Department of Defense or the appropriate Major Command |
showing mobilization dates or service abroad dates, including: |
(i) a DD-214, (ii) a letter from the Illinois Department of |
Military Affairs for members of the Illinois National Guard, |
(iii) a letter from the Regional Reserve Command for members of |
the Armed Forces Reserve, (iv) a letter from the Major Command |
covering Illinois for active duty members, (v) personnel |
records for mobilized State employees, and (vi) any other |
documentation that the Department, by administrative rule, |
deems acceptable to establish dates of mobilization or service |
abroad. |
For the purposes of this Section, the term "service abroad" |
means active duty service outside of the 50 United States and |
the District of Columbia, and includes all active duty service |
|
in territories and possessions of the United States. |
(Source: P.A. 96-1014, eff. 1-1-11.)
|
Section 150. The State Parks Act is amended by changing |
Section 4a as follows:
|
(20 ILCS 835/4a) (from Ch. 105, par. 468.1)
|
Sec. 4a.
It shall be the duty of the Governor and the |
Director of the
Department in charge of the administration of |
this Act to cancel
immediately the lease on any concession when |
the person holding the
concession or an employee thereof |
discriminates on the basis of race, color,
creed, sex, |
religion, physical or mental disability handicap , or national |
origin against any patron thereof.
|
(Source: P.A. 80-344.)
|
Section 155. The Recreational Trails of Illinois Act is |
amended by changing Section 34 as follows:
|
(20 ILCS 862/34) |
Sec. 34. Exception from display of Off-Highway Vehicle |
Usage Stamps. The operator of an off-highway vehicle shall not |
be required to display an Off-Highway Vehicle Usage Stamp if |
the off-highway vehicle is: |
(1) owned and used by the United States, the State of |
Illinois, another state, or a political subdivision |
|
thereof, but these off-highway vehicles shall prominently |
display the name of the owner on the off-highway vehicle; |
(2) operated on lands where the operator, his or her |
immediate family, or both are the sole owners of the land; |
this exception shall not apply to clubs, associations, or |
lands leased for hunting or recreational purposes; |
(3) used only on local, national, or international |
competition circuits in events for which written |
permission has been obtained by the sponsoring or |
sanctioning body from the governmental unit having |
jurisdiction over the location of any event held in this |
State; |
(4) (blank); |
(5) used on an off-highway vehicle grant assisted site |
and the off-highway vehicle displays a Off-Highway Vehicle |
Access decal;
|
(6) used in conjunction with a bona fide commercial |
business, including, but not limited to, agricultural and |
livestock production; |
(7) a golf cart, regardless of whether the golf cart is |
currently being used for golfing purposes; |
(8) displaying a valid motor vehicle registration |
issued by the Secretary of State or any other state; |
(9) operated by an individual who either possesses an |
Illinois Identification Card issued to the operator by the |
Secretary of State that lists a Class P2 (or P2O or any |
|
successor classification) or P2A disability or an original |
or photocopy of a valid motor vehicle disability placard |
issued to the operator by the Secretary of State, or is |
assisting a person with a disability who has disabled |
person with a Class P2 (or P2O or any successor |
classification) or P2A disability while using the same |
off-highway vehicle as the individual with a disability |
disabled individual ; or |
(10) used only at commercial riding parks. |
For the purposes of this Section, "golf cart" means a |
machine specifically designed for the purposes of transporting |
one or more persons and their golf clubs. |
For the purposes of this Section, "local, national, or |
international competition circuit" means any competition |
circuit sponsored or sanctioned by an international, national, |
or state organization, including, but not limited to, the |
American Motorcyclist Association, or sponsored, sanctioned, |
or both by an affiliate organization of an international, |
national, or state organization which sanctions competitions, |
including trials or practices leading up to or in connection |
with those competitions. |
For the purposes of this Section, "commercial riding parks" |
mean commercial properties used for the recreational operation |
of off-highway vehicles by the paying members of the park or |
paying guests. |
(Source: P.A. 97-1136, eff. 1-1-13; 98-820, eff. 8-1-14.)
|
|
Section 160. The Department of Employment Security Law of |
the
Civil Administrative Code of Illinois is amended by |
changing Section 1005-155 as follows:
|
(20 ILCS 1005/1005-155)
|
Sec. 1005-155. Illinois Employment and Training Centers |
report. The
Department
of Employment Security, or the State |
agency responsible for the oversight of
the
federal Workforce |
Investment Act of 1998 if that agency is not the Department
of
|
Employment Security, shall prepare a report for the Governor |
and the
General Assembly regarding the progress of the Illinois |
Employment and
Training Centers in serving individuals with |
disabilities. The report must
include,
but is not limited to, |
the following: (i) the number of individuals referred to
the
|
Illinois Employment and Training Centers by the Department of |
Human Services
Office of Rehabilitation Services; (ii) the |
total number of individuals with disabilities disabled
|
individuals
served by the Illinois Employment and Training |
Centers; (iii) the number of
individuals with disabilities |
disabled individuals served in federal Workforce Investment |
Act of 1998
employment and training
programs; (iv) the number |
of individuals with disabilities annually placed in
jobs
by the |
Illinois Employment and Training Centers; and (v) the number of
|
individuals with disabilities referred by the Illinois |
Employment and Training
Centers to the Department of Human |
|
Services Office of Rehabilitation Services.
The report is due
|
by December 31, 2004 based on the previous State program year
|
of July 1
through June 30,
and is due annually thereafter. |
"Individuals with disabilities" are defined as
those who
|
self-report as being qualified as disabled under the 1973 |
Rehabilitation Act or
the
1990 Americans
with Disabilities Act, |
for the purposes of this Law.
|
(Source: P.A. 93-639, eff. 6-1-04 .)
|
Section 165. The Department of Human Services Act is |
amended by changing Sections 1-17 and 10-40 as follows:
|
(20 ILCS 1305/1-17)
|
Sec. 1-17. Inspector General. |
(a) Nature and purpose. It is the express intent of the |
General Assembly to ensure the health, safety, and financial |
condition of individuals receiving services in this State due |
to mental illness, developmental disability, or both by |
protecting those persons from acts of abuse, neglect, or both |
by service providers. To that end, the Office of the Inspector |
General for the Department of Human Services is created to |
investigate and report upon allegations of the abuse, neglect, |
or financial exploitation of individuals receiving services |
within mental health facilities, developmental disabilities |
facilities, and community agencies operated, licensed, funded |
or certified by the Department of Human Services, but not |
|
licensed or certified by any other State agency. |
(b) Definitions. The following definitions apply to this |
Section: |
"Adult student with a disability" means an adult student, |
age 18 through 21, inclusive, with an Individual Education |
Program, other than a resident of a facility licensed by the |
Department of Children and Family Services in accordance with |
the Child Care Act of 1969. For purposes of this definition, |
"through age 21, inclusive", means through the day before the |
student's 22nd birthday. |
"Agency" or "community agency" means (i) a community agency |
licensed, funded, or certified by the Department, but not |
licensed or certified by any other human services agency of the |
State, to provide mental health service or developmental |
disabilities service, or (ii) a program licensed, funded, or |
certified by the Department, but not licensed or certified by |
any other human services agency of the State, to provide mental |
health service or developmental disabilities service. |
"Aggravating circumstance" means a factor that is |
attendant to a finding and that tends to compound or increase |
the culpability of the accused. |
"Allegation" means an assertion, complaint, suspicion, or |
incident involving any of the following conduct by an employee, |
facility, or agency against an individual or individuals: |
mental abuse, physical abuse, sexual abuse, neglect, or |
financial exploitation. |
|
"Day" means working day, unless otherwise specified. |
"Deflection" means a situation in which an individual is |
presented for admission to a facility or agency, and the |
facility staff or agency staff do not admit the individual. |
"Deflection" includes triage, redirection, and denial of |
admission. |
"Department" means the Department of Human Services. |
"Developmentally disabled" means having a developmental |
disability. |
"Developmental disability" means "developmental |
disability" as defined in the Mental Health and Developmental |
Disabilities Code. |
"Egregious neglect" means a finding of neglect as |
determined by the Inspector General that (i) represents a gross |
failure to adequately provide for, or a callused indifference |
to, the health, safety, or medical needs of an individual and |
(ii) results in an individual's death or other serious |
deterioration of an individual's physical condition or mental |
condition. |
"Employee" means any person who provides services at the |
facility or agency on-site or off-site. The service |
relationship can be with the individual or with the facility or |
agency. Also, "employee" includes any employee or contractual |
agent of the Department of Human Services or the community |
agency involved in providing or monitoring or administering |
mental health or developmental disability services. This |
|
includes but is not limited to: owners, operators, payroll |
personnel, contractors, subcontractors, and volunteers. |
"Facility" or "State-operated facility" means a mental |
health facility or developmental disabilities facility |
operated by the Department. |
"Financial exploitation" means taking unjust advantage of |
an individual's assets, property, or financial resources |
through deception, intimidation, or conversion for the |
employee's, facility's, or agency's own advantage or benefit. |
"Finding" means the Office of Inspector General's |
determination regarding whether an allegation is |
substantiated, unsubstantiated, or unfounded. |
"Health care worker registry" or "registry" means the |
health care worker registry created by the Nursing Home Care |
Act. |
"Individual" means any person receiving mental health |
service, developmental disabilities service, or both from a |
facility or agency, while either on-site or off-site. |
"Mental abuse" means the use of demeaning, intimidating, or |
threatening words, signs, gestures, or other actions by an |
employee about an individual and in the presence of an |
individual or individuals that results in emotional distress or |
maladaptive behavior, or could have resulted in emotional |
distress or maladaptive behavior, for any individual present. |
"Mental illness" means "mental illness" as defined in the |
Mental Health and Developmental Disabilities Code. |
|
"Mentally ill" means having a mental illness. |
"Mitigating circumstance" means a condition that (i) is |
attendant to a finding, (ii) does not excuse or justify the |
conduct in question, but (iii) may be considered in evaluating |
the severity of the conduct, the culpability of the accused, or |
both the severity of the conduct and the culpability of the |
accused. |
"Neglect" means an employee's, agency's, or facility's |
failure to provide adequate medical care, personal care, or |
maintenance and that, as a consequence, (i) causes an |
individual pain, injury, or emotional distress, (ii) results in |
either an individual's maladaptive behavior or the |
deterioration of an individual's physical condition or mental |
condition, or (iii) places the individual's health or safety at |
substantial risk. |
"Person with a developmental disability" means a person |
having a developmental disability. |
"Physical abuse" means an employee's non-accidental and |
inappropriate contact with an individual that causes bodily |
harm. "Physical abuse" includes actions that cause bodily harm |
as a result of an employee directing an individual or person to |
physically abuse another individual. |
"Recommendation" means an admonition, separate from a |
finding, that requires action by the facility, agency, or |
Department to correct a systemic issue, problem, or deficiency |
identified during an investigation. |
|
"Required reporter" means any employee who suspects, |
witnesses, or is informed of an allegation of any one or more |
of the following: mental abuse, physical abuse, sexual abuse, |
neglect, or financial exploitation. |
"Secretary" means the Chief Administrative Officer of the |
Department. |
"Sexual abuse" means any sexual contact or intimate |
physical contact between an employee and an individual, |
including an employee's coercion or encouragement of an |
individual to engage in sexual behavior that results in sexual |
contact, intimate physical contact, sexual behavior, or |
intimate physical behavior. |
"Substantiated" means there is a preponderance of the |
evidence to support the allegation. |
"Unfounded" means there is no credible evidence to support |
the allegation. |
"Unsubstantiated" means there is credible evidence, but |
less than a preponderance of evidence to support the |
allegation. |
(c) Appointment. The Governor shall appoint, and the Senate |
shall confirm, an Inspector General. The Inspector General |
shall be appointed for a term of 4 years and shall function |
within the Department of Human Services and report to the |
Secretary and the Governor. |
(d) Operation and appropriation. The Inspector General |
shall function independently within the Department with |
|
respect to the operations of the Office, including the |
performance of investigations and issuance of findings and |
recommendations. The appropriation for the Office of Inspector |
General shall be separate from the overall appropriation for |
the Department. |
(e) Powers and duties. The Inspector General shall |
investigate reports of suspected mental abuse, physical abuse, |
sexual abuse, neglect, or financial exploitation of |
individuals in any mental health or developmental disabilities |
facility or agency and shall have authority to take immediate |
action to prevent any one or more of the following from |
happening to individuals under its jurisdiction: mental abuse, |
physical abuse, sexual abuse, neglect, or financial |
exploitation. Upon written request of an agency of this State, |
the Inspector General may assist another agency of the State in |
investigating reports of the abuse, neglect, or abuse and |
neglect of persons with mental illness, persons with |
developmental disabilities, or persons with both. To comply |
with the requirements of subsection (k) of this Section, the |
Inspector General shall also review all reportable deaths for |
which there is no allegation of abuse or neglect. Nothing in |
this Section shall preempt any duties of the Medical Review |
Board set forth in the Mental Health and Developmental |
Disabilities Code. The Inspector General shall have no |
authority to investigate alleged violations of the State |
Officials and Employees Ethics Act. Allegations of misconduct |
|
under the State Officials and Employees Ethics Act shall be |
referred to the Office of the Governor's Executive Inspector |
General for investigation. |
(f) Limitations. The Inspector General shall not conduct an |
investigation within an agency or facility if that |
investigation would be redundant to or interfere with an |
investigation conducted by another State agency. The Inspector |
General shall have no supervision over, or involvement in, the |
routine programmatic, licensing, funding, or certification |
operations of the Department. Nothing in this subsection limits |
investigations by the Department that may otherwise be required |
by law or that may be necessary in the Department's capacity as |
central administrative authority responsible for the operation |
of the State's mental health and developmental disabilities |
facilities. |
(g) Rulemaking authority. The Inspector General shall |
promulgate rules establishing minimum requirements for |
reporting allegations as well as for initiating, conducting, |
and completing investigations based upon the nature of the |
allegation or allegations. The rules shall clearly establish |
that if 2 or more State agencies could investigate an |
allegation, the Inspector General shall not conduct an |
investigation that would be redundant to, or interfere with, an |
investigation conducted by another State agency. The rules |
shall further clarify the method and circumstances under which |
the Office of Inspector General may interact with the |
|
licensing, funding, or certification units of the Department in |
preventing further occurrences of mental abuse, physical |
abuse, sexual abuse, neglect, egregious neglect, and financial |
exploitation. |
(h) Training programs. The Inspector General shall (i) |
establish a comprehensive program to ensure that every person |
authorized to conduct investigations receives ongoing training |
relative to investigation techniques, communication skills, |
and the appropriate means of interacting with persons receiving |
treatment for mental illness, developmental disability, or |
both mental illness and developmental disability, and (ii) |
establish and conduct periodic training programs for facility |
and agency employees concerning the prevention and reporting of |
any one or more of the following: mental abuse, physical abuse, |
sexual abuse, neglect, egregious neglect, or financial |
exploitation. Nothing in this Section shall be deemed to |
prevent the Office of Inspector General from conducting any |
other training as determined by the Inspector General to be |
necessary or helpful. |
(i) Duty to cooperate. |
(1) The Inspector General shall at all times be granted |
access to any facility or agency for the purpose of |
investigating any allegation, conducting unannounced site |
visits, monitoring compliance with a written response, or |
completing any other statutorily assigned duty. The |
Inspector General shall conduct unannounced site visits to |
|
each facility at least annually for the purpose of |
reviewing and making recommendations on systemic issues |
relative to preventing, reporting, investigating, and |
responding to all of the following: mental abuse, physical |
abuse, sexual abuse, neglect, egregious neglect, or |
financial exploitation. |
(2) Any employee who fails to cooperate with an Office |
of the Inspector General investigation is in violation of |
this Act. Failure to cooperate with an investigation |
includes, but is not limited to, any one or more of the |
following: (i) creating and transmitting a false report to |
the Office of the Inspector General hotline, (ii) providing |
false information to an Office of the Inspector General |
Investigator during an investigation, (iii) colluding with |
other employees to cover up evidence, (iv) colluding with |
other employees to provide false information to an Office |
of the Inspector General investigator, (v) destroying |
evidence, (vi) withholding evidence, or (vii) otherwise |
obstructing an Office of the Inspector General |
investigation. Additionally, any employee who, during an |
unannounced site visit or written response compliance |
check, fails to cooperate with requests from the Office of |
the Inspector General is in violation of this Act. |
(j) Subpoena powers. The Inspector General shall have the |
power to subpoena witnesses and compel the production of all |
documents and physical evidence relating to his or her |
|
investigations and any hearings authorized by this Act. This |
subpoena power shall not extend to persons or documents of a |
labor organization or its representatives insofar as the |
persons are acting in a representative capacity to an employee |
whose conduct is the subject of an investigation or the |
documents relate to that representation. Any person who |
otherwise fails to respond to a subpoena or who knowingly |
provides false information to the Office of the Inspector |
General by subpoena during an investigation is guilty of a |
Class A misdemeanor. |
(k) Reporting allegations and deaths. |
(1) Allegations. If an employee witnesses, is told of, |
or has reason to believe an incident of mental abuse, |
physical abuse, sexual abuse, neglect, or financial |
exploitation has occurred, the employee, agency, or |
facility shall report the allegation by phone to the Office |
of the Inspector General hotline according to the agency's |
or facility's procedures, but in no event later than 4 |
hours after the initial discovery of the incident, |
allegation, or suspicion of any one or more of the |
following: mental abuse, physical abuse, sexual abuse, |
neglect, or financial exploitation. A required reporter as |
defined in subsection (b) of this Section who knowingly or |
intentionally fails to comply with these reporting |
requirements is guilty of a Class A misdemeanor. |
(2) Deaths. Absent an allegation, a required reporter |
|
shall, within 24 hours after initial discovery, report by |
phone to the Office of the Inspector General hotline each |
of the following: |
(i) Any death of an individual occurring within 14 |
calendar days after discharge or transfer of the |
individual from a residential program or facility. |
(ii) Any death of an individual occurring within 24 |
hours after deflection from a residential program or |
facility. |
(iii) Any other death of an individual occurring at |
an agency or facility or at any Department-funded site. |
(3) Retaliation. It is a violation of this Act for any |
employee or administrator of an agency or facility to take |
retaliatory action against an employee who acts in good |
faith in conformance with his or her duties as a required |
reporter. |
(l) Reporting to law enforcement. |
(1) Reporting criminal acts. Within 24 hours after |
determining that there is credible evidence indicating |
that a criminal act may have been committed or that special |
expertise may be required in an investigation, the |
Inspector General shall notify the Department of State |
Police or other appropriate law enforcement authority, or |
ensure that such notification is made. The Department of |
State Police shall investigate any report from a |
State-operated facility indicating a possible murder, |
|
sexual assault, or other felony by an employee. All |
investigations conducted by the Inspector General shall be |
conducted in a manner designed to ensure the preservation |
of evidence for possible use in a criminal prosecution. |
(2) Reporting allegations of adult students with |
disabilities. Upon receipt of a reportable allegation |
regarding an adult student with a disability, the |
Department's Office of the Inspector General shall |
determine whether the allegation meets the criteria for the |
Domestic Abuse Program under the Abuse of Adults with |
Disabilities Intervention Act. If the allegation is |
reportable to that program, the Office of the Inspector |
General shall initiate an investigation. If the allegation |
is not reportable to the Domestic Abuse Program, the Office |
of the Inspector General shall make an expeditious referral |
to the respective law enforcement entity. If the alleged |
victim is already receiving services from the Department, |
the Office of the Inspector General shall also make a |
referral to the respective Department of Human Services' |
Division or Bureau. |
(m) Investigative reports. Upon completion of an |
investigation, the Office of Inspector General shall issue an |
investigative report identifying whether the allegations are |
substantiated, unsubstantiated, or unfounded. Within 10 |
business days after the transmittal of a completed |
investigative report substantiating an allegation, or if a |
|
recommendation is made, the Inspector General shall provide the |
investigative report on the case to the Secretary and to the |
director of the facility or agency where any one or more of the |
following occurred: mental abuse, physical abuse, sexual |
abuse, neglect, egregious neglect, or financial exploitation. |
In a substantiated case, the investigative report shall include |
any mitigating or aggravating circumstances that were |
identified during the investigation. If the case involves |
substantiated neglect, the investigative report shall also |
state whether egregious neglect was found. An investigative |
report may also set forth recommendations. All investigative |
reports prepared by the Office of the Inspector General shall |
be considered confidential and shall not be released except as |
provided by the law of this State or as required under |
applicable federal law. Unsubstantiated and unfounded reports |
shall not be disclosed except as allowed under Section 6 of the |
Abused and Neglected Long Term Care Facility Residents |
Reporting Act. Raw data used to compile the investigative |
report shall not be subject to release unless required by law |
or a court order. "Raw data used to compile the investigative |
report" includes, but is not limited to, any one or more of the |
following: the initial complaint, witness statements, |
photographs, investigator's notes, police reports, or incident |
reports. If the allegations are substantiated, the accused |
shall be provided with a redacted copy of the investigative |
report. Death reports where there was no allegation of abuse or |
|
neglect shall only be released pursuant to applicable State or |
federal law or a valid court order. |
(n) Written responses and reconsideration requests. |
(1) Written responses. Within 30 calendar days from |
receipt of a substantiated investigative report or an |
investigative report which contains recommendations, |
absent a reconsideration request, the facility or agency |
shall file a written response that addresses, in a concise |
and reasoned manner, the actions taken to: (i) protect the |
individual; (ii) prevent recurrences; and (iii) eliminate |
the problems identified. The response shall include the |
implementation and completion dates of such actions. If the |
written response is not filed within the allotted 30 |
calendar day period, the Secretary shall determine the |
appropriate corrective action to be taken. |
(2) Reconsideration requests. The facility, agency, |
victim or guardian, or the subject employee may request |
that the Office of Inspector General reconsider or clarify |
its finding based upon additional information. |
(o) Disclosure of the finding by the Inspector General. The |
Inspector General shall disclose the finding of an |
investigation to the following persons: (i) the Governor, (ii) |
the Secretary, (iii) the director of the facility or agency, |
(iv) the alleged victims and their guardians, (v) the |
complainant, and (vi) the accused. This information shall |
include whether the allegations were deemed substantiated, |
|
unsubstantiated, or unfounded. |
(p) Secretary review. Upon review of the Inspector |
General's investigative report and any agency's or facility's |
written response, the Secretary shall accept or reject the |
written response and notify the Inspector General of that |
determination. The Secretary may further direct that other |
administrative action be taken, including, but not limited to, |
any one or more of the following: (i) additional site visits, |
(ii) training, (iii) provision of technical assistance |
relative to administrative needs, licensure or certification, |
or (iv) the imposition of appropriate sanctions. |
(q) Action by facility or agency. Within 30 days of the |
date the Secretary approves the written response or directs |
that further administrative action be taken, the facility or |
agency shall provide an implementation report to the Inspector |
General that provides the status of the action taken. The |
facility or agency shall be allowed an additional 30 days to |
send notice of completion of the action or to send an updated |
implementation report. If the action has not been completed |
within the additional 30 day period, the facility or agency |
shall send updated implementation reports every 60 days until |
completion. The Inspector General shall conduct a review of any |
implementation plan that takes more than 120 days after |
approval to complete, and shall monitor compliance through a |
random review of approved written responses, which may include, |
but are not limited to: (i) site visits, (ii) telephone |
|
contact, and (iii) requests for additional documentation |
evidencing compliance. |
(r) Sanctions. Sanctions, if imposed by the Secretary under |
Subdivision (p)(iv) of this Section, shall be designed to |
prevent further acts of mental abuse, physical abuse, sexual |
abuse, neglect, egregious neglect, or financial exploitation |
or some combination of one or more of those acts at a facility |
or agency, and may include any one or more of the following: |
(1) Appointment of on-site monitors. |
(2) Transfer or relocation of an individual or |
individuals. |
(3) Closure of units. |
(4) Termination of any one or more of the following: |
(i) Department licensing, (ii) funding, or (iii) |
certification. |
The Inspector General may seek the assistance of the |
Illinois Attorney General or the office of any State's Attorney |
in implementing sanctions. |
(s) Health care worker registry. |
(1) Reporting to the registry. The Inspector General |
shall report to the Department of Public Health's health |
care worker registry, a public registry, the identity and |
finding of each employee of a facility or agency against |
whom there is a final investigative report containing a |
substantiated allegation of physical or sexual abuse, |
financial exploitation, or egregious neglect of an |
|
individual. |
(2) Notice to employee. Prior to reporting the name of |
an employee, the employee shall be notified of the |
Department's obligation to report and shall be granted an |
opportunity to request an administrative hearing, the sole |
purpose of which is to determine if the substantiated |
finding warrants reporting to the registry. Notice to the |
employee shall contain a clear and concise statement of the |
grounds on which the report to the registry is based, offer |
the employee an opportunity for a hearing, and identify the |
process for requesting such a hearing. Notice is sufficient |
if provided by certified mail to the employee's last known |
address. If the employee fails to request a hearing within |
30 days from the date of the notice, the Inspector General |
shall report the name of the employee to the registry. |
Nothing in this subdivision (s)(2) shall diminish or impair |
the rights of a person who is a member of a collective |
bargaining unit under the Illinois Public Labor Relations |
Act or under any other federal labor statute. |
(3) Registry hearings. If the employee requests an |
administrative hearing, the employee shall be granted an |
opportunity to appear before an administrative law judge to |
present reasons why the employee's name should not be |
reported to the registry. The Department shall bear the |
burden of presenting evidence that establishes, by a |
preponderance of the evidence, that the substantiated |
|
finding warrants reporting to the registry. After |
considering all the evidence presented, the administrative |
law judge shall make a recommendation to the Secretary as |
to whether the substantiated finding warrants reporting |
the name of the employee to the registry. The Secretary |
shall render the final decision. The Department and the |
employee shall have the right to request that the |
administrative law judge consider a stipulated disposition |
of these proceedings. |
(4) Testimony at registry hearings. A person who makes |
a report or who investigates a report under this Act shall |
testify fully in any judicial proceeding resulting from |
such a report, as to any evidence of abuse or neglect, or |
the cause thereof. No evidence shall be excluded by reason |
of any common law or statutory privilege relating to |
communications between the alleged perpetrator of abuse or |
neglect, or the individual alleged as the victim in the |
report, and the person making or investigating the report. |
Testimony at hearings is exempt from the confidentiality |
requirements of subsection (f) of Section 10 of the Mental |
Health and Developmental Disabilities Confidentiality Act. |
(5) Employee's rights to collateral action. No |
reporting to the registry shall occur and no hearing shall |
be set or proceed if an employee notifies the Inspector |
General in writing, including any supporting |
documentation, that he or she is formally contesting an |
|
adverse employment action resulting from a substantiated |
finding by complaint filed with the Illinois Civil Service |
Commission, or which otherwise seeks to enforce the |
employee's rights pursuant to any applicable collective |
bargaining agreement. If an action taken by an employer |
against an employee as a result of a finding of physical |
abuse, sexual abuse, or egregious neglect is overturned |
through an action filed with the Illinois Civil Service |
Commission or under any applicable collective bargaining |
agreement and if that employee's name has already been sent |
to the registry, the employee's name shall be removed from |
the registry. |
(6) Removal from registry. At any time after the report |
to the registry, but no more than once in any 12-month |
period, an employee may petition the Department in writing |
to remove his or her name from the registry. Upon receiving |
notice of such request, the Inspector General shall conduct |
an investigation into the petition. Upon receipt of such |
request, an administrative hearing will be set by the |
Department. At the hearing, the employee shall bear the |
burden of presenting evidence that establishes, by a |
preponderance of the evidence, that removal of the name |
from the registry is in the public interest. The parties |
may jointly request that the administrative law judge |
consider a stipulated disposition of these proceedings. |
(t) Review of Administrative Decisions. The Department |
|
shall preserve a record of all proceedings at any formal |
hearing conducted by the Department involving health care |
worker registry hearings. Final administrative decisions of |
the Department are subject to judicial review pursuant to |
provisions of the Administrative Review Law. |
(u) Quality Care Board. There is created, within the Office |
of the Inspector General, a Quality Care Board to be composed |
of 7 members appointed by the Governor with the advice and |
consent of the Senate. One of the members shall be designated |
as chairman by the Governor. Of the initial appointments made |
by the Governor, 4 Board members shall each be appointed for a |
term of 4 years and 3 members shall each be appointed for a |
term of 2 years. Upon the expiration of each member's term, a |
successor shall be appointed for a term of 4 years. In the case |
of a vacancy in the office of any member, the Governor shall |
appoint a successor for the remainder of the unexpired term. |
Members appointed by the Governor shall be qualified by |
professional knowledge or experience in the area of law, |
investigatory techniques, or in the area of care of the |
mentally ill or care of persons with developmental disabilities |
developmentally disabled . Two members appointed by the |
Governor shall be persons with a disability or a parent of a |
person with a disability. Members shall serve without |
compensation, but shall be reimbursed for expenses incurred in |
connection with the performance of their duties as members. |
The Board shall meet quarterly, and may hold other meetings |
|
on the call of the chairman. Four members shall constitute a |
quorum allowing the Board to conduct its business. The Board |
may adopt rules and regulations it deems necessary to govern |
its own procedures. |
The Board shall monitor and oversee the operations, |
policies, and procedures of the Inspector General to ensure the |
prompt and thorough investigation of allegations of neglect and |
abuse. In fulfilling these responsibilities, the Board may do |
the following: |
(1) Provide independent, expert consultation to the |
Inspector General on policies and protocols for |
investigations of alleged abuse, neglect, or both abuse and |
neglect. |
(2) Review existing regulations relating to the |
operation of facilities. |
(3) Advise the Inspector General as to the content of |
training activities authorized under this Section. |
(4) Recommend policies concerning methods for |
improving the intergovernmental relationships between the |
Office of the Inspector General and other State or federal |
offices. |
(v) Annual report. The Inspector General shall provide to |
the General Assembly and the Governor, no later than January 1 |
of each year, a summary of reports and investigations made |
under this Act for the prior fiscal year with respect to |
individuals receiving mental health or developmental |
|
disabilities services. The report shall detail the imposition |
of sanctions, if any, and the final disposition of any |
corrective or administrative action directed by the Secretary. |
The summaries shall not contain any confidential or identifying |
information of any individual, but shall include objective data |
identifying any trends in the number of reported allegations, |
the timeliness of the Office of the Inspector General's |
investigations, and their disposition, for each facility and |
Department-wide, for the most recent 3-year time period. The |
report shall also identify, by facility, the staff-to-patient |
ratios taking account of direct care staff only. The report |
shall also include detailed recommended administrative actions |
and matters for consideration by the General Assembly. |
(w) Program audit. The Auditor General shall conduct a |
program audit of the Office of the Inspector General on an |
as-needed basis, as determined by the Auditor General. The |
audit shall specifically include the Inspector General's |
compliance with the Act and effectiveness in investigating |
reports of allegations occurring in any facility or agency. The |
Auditor General shall conduct the program audit according to |
the provisions of the Illinois State Auditing Act and shall |
report its findings to the General Assembly no later than |
January 1 following the audit period.
|
(x) Nothing in this Section shall be construed to mean that |
a patient is a victim of abuse or neglect because of health |
care services appropriately provided or not provided by health |
|
care professionals. |
(y) Nothing in this Section shall require a facility, |
including its employees, agents, medical staff members, and |
health care professionals, to provide a service to a patient in |
contravention of that patient's stated or implied objection to |
the provision of that service on the ground that that service |
conflicts with the patient's religious beliefs or practices, |
nor shall the failure to provide a service to a patient be |
considered abuse under this Section if the patient has objected |
to the provision of that service based on his or her religious |
beliefs or practices.
|
(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14.)
|
(20 ILCS 1305/10-40)
|
Sec. 10-40. Recreational programs; persons with |
disabilities handicapped ; grants. The
Department of
Human |
Services, subject to appropriation,
may
make grants to special |
recreation associations for the operation of
recreational |
programs for
persons with disabilities the
handicapped , |
including both persons with physical disabilities and persons |
with mental disabilities physically and mentally handicapped , |
and
transportation to
and from those programs. The grants |
should target unserved or underserved
populations,
such as |
persons with brain injuries, persons who are medically fragile, |
and
adults who
have acquired disabling conditions. The |
Department must adopt rules to
implement the
grant program.
|
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 170. The Illinois Guaranteed Job Opportunity Act is |
amended by changing Section 50 as follows:
|
(20 ILCS 1510/50)
|
Sec. 50. Nondiscrimination.
|
(a) General rule.
|
(1) Discrimination on the basis of age, on the basis of |
physical or mental disability handicap , on the
basis of |
sex, or on the basis of race, color, or national origin is |
prohibited.
|
(2) No individual shall be excluded from participation |
in, denied the
benefits of, subjected to discrimination |
under, or denied employment in the
administration of or in |
connection with any project because of race,
color, |
religion, sex, national origin, age, physical or mental |
disability handicap , or political affiliation
or belief.
|
(3) (Blank).
|
(4) With respect to terms and conditions affecting, or |
rights provided
to, individuals who are participants in |
activities supported by funds
provided under this Act, the |
individuals shall not be discriminated
against solely |
because of their status as the participants.
|
(b) (Blank).
|
(c) (Blank).
|
|
(Source: P.A. 93-46, eff. 7-1-03.)
|
Section 175. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing |
Sections 2, 4, 7, 7.2, 11.2, 14, 15b, 15.4, 18.2, 21.2, 33.3, |
43, 46, 54.5, and 66 as follows:
|
(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
|
Sec. 2. Definitions; administrative subdivisions.
|
(a) For the purposes of this Act, unless the context |
otherwise requires:
|
"Department" means the Department of Human Services, |
successor to the former
Department of Mental Health and |
Developmental Disabilities.
|
"Secretary" means the Secretary of Human Services.
|
(b) Unless the context otherwise requires:
|
(1) References in this Act to the programs or |
facilities of the
Department
shall be construed to refer |
only to those programs or facilities of the
Department that |
pertain to mental health or developmental disabilities.
|
(2) References in this Act to the Department's service |
providers or
service recipients shall be construed to refer |
only to providers or recipients
of services that pertain to |
the Department's mental health and developmental
|
disabilities functions.
|
(3) References in this Act to employees of the |
|
Department shall be
construed to refer only to employees |
whose duties pertain to the Department's
mental health and |
developmental disabilities functions.
|
(c) The Secretary shall establish such subdivisions
of the |
Department as shall
be desirable and shall assign to the |
various subdivisions the responsibilities
and duties placed |
upon the Department by the Laws of the State of Illinois.
|
(d) There is established a coordinator of services to
deaf |
and hearing impaired persons with mental disabilities mentally |
disabled deaf and hearing impaired persons . In hiring this
|
coordinator, every consideration shall be given to qualified |
deaf or hearing
impaired individuals.
|
(e) Whenever the administrative director of the |
subdivision for mental
health
services is not a board-certified |
psychiatrist, the
Secretary shall appoint a Chief for Clinical |
Services who shall be a
board-certified psychiatrist with both |
clinical and administrative
experience. The Chief for Clinical |
Services shall be responsible for all
clinical and medical |
decisions for mental health services.
|
(Source: P.A. 91-536, eff. 1-1-00.)
|
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
|
Sec. 4. Supervision of facilities and services; quarterly |
reports.
|
(a) To exercise executive and administrative supervision |
over
all facilities, divisions, programs and services now |
|
existing or
hereafter acquired or created under the |
jurisdiction of the Department,
including, but not limited to, |
the following:
|
The Alton Mental Health Center, at Alton
|
The Clyde L. Choate Mental Health and Developmental |
Center, at Anna
|
The Chester Mental Health Center, at Chester
|
The Chicago-Read Mental Health Center, at Chicago
|
The Elgin Mental Health Center, at Elgin
|
The Metropolitan Children and Adolescents Center, at |
Chicago
|
The Jacksonville Developmental Center, at Jacksonville
|
The Governor Samuel H. Shapiro Developmental Center, |
at Kankakee
|
The Tinley Park Mental Health Center, at Tinley Park
|
The Warren G. Murray Developmental Center, at |
Centralia
|
The Jack Mabley Developmental Center, at Dixon
|
The Lincoln Developmental Center, at Lincoln
|
The H. Douglas Singer Mental Health and Developmental |
Center, at Rockford
|
The John J. Madden Mental Health Center, at Chicago
|
The George A. Zeller Mental Health Center, at Peoria
|
The Andrew McFarland Mental Health Center, at |
Springfield
|
The Adolf Meyer Mental Health Center, at Decatur
|
|
The William W. Fox Developmental Center, at Dwight
|
The Elisabeth Ludeman Developmental Center, at Park |
Forest
|
The William A. Howe Developmental Center, at Tinley |
Park
|
The Ann M. Kiley Developmental Center, at Waukegan.
|
(b) Beginning not later than July 1, 1977, the Department |
shall cause
each of the facilities under its jurisdiction which |
provide in-patient
care to comply with standards, rules and |
regulations of the Department
of Public Health prescribed under |
Section 6.05 of the Hospital
Licensing Act.
|
(b-5) The Department shall cause
each of the facilities |
under its jurisdiction that provide in-patient
care to comply |
with Section 6.25 of the Hospital
Licensing Act. |
(c) The Department shall issue quarterly reports on |
admissions,
deflections, discharges, bed closures, |
staff-resident ratios, census,
average length of stay, and any |
adverse federal certification or
accreditation findings, if |
any, for each State-operated facility for the
mentally ill
and |
for persons with developmental disabilities developmentally |
disabled .
|
(Source: P.A. 96-389, eff. 1-1-10.)
|
(20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
|
Sec. 7. To receive and provide the highest possible quality |
of humane and
rehabilitative care and treatment to all persons |
|
admitted or committed or
transferred in accordance with law to |
the facilities, divisions,
programs, and services under the |
jurisdiction of the Department. No
resident of another state |
shall be received or retained to the exclusion of
any resident |
of this State. No resident of another state shall be received
|
or retained to the exclusion of
any resident of this State. All
|
recipients of 17 years of age and under in residence in a |
Department facility
other than a facility for the care of |
persons with intellectual disabilities the intellectually |
disabled shall be housed
in quarters separated from older |
recipients except for: (a) recipients who are
placed in |
medical-surgical units because of physical illness; and (b)
|
recipients between 13 and 18 years of age who need temporary |
security measures.
|
All recipients in a Department facility shall be given a |
dental
examination by a licensed dentist or registered dental |
hygienist at least
once every 18 months and shall be assigned |
to a dentist for such dental
care and treatment as is |
necessary.
|
All medications administered to recipients shall be
|
administered only by those persons who are legally qualified to |
do so by
the laws of the State of Illinois. Medication shall |
not be prescribed until
a physical and mental examination of |
the recipient has been
completed. If, in the clinical judgment |
of a physician, it is necessary to
administer medication to a |
recipient
before the completion of the physical and mental |
|
examination, he may
prescribe such medication but he must file |
a report with the facility
director setting forth the reasons |
for prescribing
such medication within 24 hours of the |
prescription. A copy of the report
shall be part of the |
recipient's record.
|
No later than January 1, 2005, the Department shall adopt
a |
model protocol and forms for recording all patient diagnosis, |
care, and
treatment at each State-operated facility for the |
mentally ill and
for persons with developmental disabilities |
developmentally disabled under the jurisdiction of the |
Department. The
model protocol and forms shall be used by each |
facility unless the Department
determines that equivalent |
alternatives justify an exemption.
|
Every facility under the jurisdiction of the Department |
shall maintain
a copy of each report of suspected abuse or
|
neglect of the patient. Copies of those reports shall be made |
available to
the State Auditor General in connection with his |
biennial
program audit of
the facility as required by Section |
3-2 of the Illinois State Auditing
Act.
|
No later than January 1 2004, the Department shall report |
to the Governor
and the General Assembly whether each |
State-operated facility for the mentally
ill and for persons |
with developmental disabilities developmentally disabled under |
the jurisdiction of the Department and
all services provided in |
those facilities comply with all of the applicable
standards |
adopted by the Social Security Administration under Subchapter |
|
XVIII
(Medicare) of the Social Security Act (42 U.S.C. |
1395-1395ccc), if the facility
and services may be eligible for |
federal financial participation under that
federal law. For |
those facilities that do comply, the report shall indicate
what |
actions need to be taken to ensure continued compliance. For |
those
facilities that do not comply, the report shall indicate |
what actions need to
be taken to bring each facility into |
compliance.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(20 ILCS 1705/7.2) (from Ch. 91 1/2, par. 100-7.2)
|
Sec. 7.2.
No otherwise qualified child with a disability |
handicapped child receiving special education
and related |
services under Article 14 of The School Code shall solely by
|
reason of his or her disability handicap be excluded from the |
participation in or be
denied the benefits of or be subjected |
to
discrimination under any program or activity provided by the |
Department.
|
(Source: P.A. 80-1403.)
|
(20 ILCS 1705/11.2) (from Ch. 91 1/2, par. 100-11.2)
|
Sec. 11.2.
To maintain and operate the Bureau for Mentally |
Ill
Children and Adolescents and the Bureau for Children and |
Adolescents with Developmental Disabilities Developmentally |
Disabled
Children and Adolescents . Each Bureau shall:
|
(a) develop the Department policies necessary to assure a |
|
coherent
services system for, and develop and coordinate |
planning on a Statewide
basis for delivery of services to, |
children or adolescents with mental
illness and children and |
adolescents with a developmental disability,
including:
|
(1) assessment of the need for various types of |
programs, such as
prevention, diagnosis, treatment and |
rehabilitation, and
|
(2) design of a system to integrate additional |
services, including service
alternatives;
|
(b) provide consultation and technical assistance to the |
appropriate
Department subdivisions and coordinate service |
planning and development
efforts for children and adolescents |
with a developmental disability and
children or adolescents |
with mental illness;
|
(c) develop cooperative programs with community service |
providers and
other State agencies which serve children;
|
(d) assist families in the placement of children with |
mental illness, as
specified in Section 7.1; and
|
(e) develop minimum standards for the operation of both |
State-provided
and contracted community-based services for |
promulgation as rules.
|
(Source: P.A. 88-380.)
|
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
|
Sec. 14. Chester Mental Health Center. To maintain and |
operate a
facility for the care, custody, and treatment of |
|
persons with mental
illness or habilitation of persons with |
developmental disabilities hereinafter
designated, to be known |
as the Chester Mental Health Center.
|
Within the Chester Mental Health Center there shall be |
confined the
following classes of persons, whose history, in |
the opinion of the
Department, discloses dangerous or violent |
tendencies and who, upon
examination under the direction of the |
Department, have been found a fit
subject for confinement in |
that facility:
|
(a) Any male person who is charged with the commission |
of a
crime but has been acquitted by reason of insanity as |
provided in Section
5-2-4 of the Unified Code of |
Corrections.
|
(b) Any male person who is charged with the commission |
of
a crime but has been found unfit under Article 104 of |
the Code of Criminal
Procedure of 1963.
|
(c) Any male person with mental illness or |
developmental disabilities or
person in need of mental |
treatment now confined under the supervision of the
|
Department or hereafter
admitted to any facility thereof or |
committed thereto by any court of competent
jurisdiction.
|
If and when it shall appear to the facility director of the |
Chester Mental
Health Center that it is necessary to confine |
persons in order to maintain
security or provide for the |
protection and safety of recipients and staff, the
Chester |
Mental Health Center may confine all persons on a unit to their |
|
rooms.
This period of confinement shall not exceed 10 hours in |
a 24 hour period,
including the recipient's scheduled hours of |
sleep, unless approved by the
Secretary of the Department. |
During the period of
confinement, the
persons confined shall be |
observed at least every 15 minutes. A record shall
be kept of |
the observations. This confinement shall not be considered
|
seclusion as defined in the Mental Health and Developmental |
Disabilities
Code.
|
The facility director of the Chester Mental Health Center |
may authorize
the temporary use of handcuffs on a recipient for |
a period not to exceed 10
minutes when necessary in the course |
of transport of the recipient within the
facility to maintain |
custody or security. Use of handcuffs is subject to the
|
provisions of Section 2-108 of the Mental Health and |
Developmental Disabilities
Code. The facility shall keep a |
monthly record listing each instance in which
handcuffs are |
used, circumstances indicating the need for use of handcuffs, |
and
time of application of handcuffs and time of release |
therefrom. The facility
director shall allow the Illinois |
Guardianship and Advocacy Commission, the
agency designated by |
the Governor under Section 1 of the Protection and
Advocacy for |
Persons with Developmental Disabilities Developmentally |
Disabled Persons Act, and the Department to
examine and copy |
such record upon request.
|
The facility director of the Chester Mental Health Center |
may authorize the temporary use of transport devices on a civil |
|
recipient when necessary in the course of transport of the |
civil recipient outside the facility to maintain custody or |
security. The decision whether to use any transport devices |
shall be reviewed and approved on an individualized basis by a |
physician based upon a determination of the civil recipient's: |
(1) history of violence, (2) history of violence during |
transports, (3) history of escapes and escape attempts, (4) |
history of trauma, (5) history of incidents of restraint or |
seclusion and use of involuntary medication, (6) current |
functioning level and medical status, and (7) prior experience |
during similar transports, and the length, duration, and |
purpose of the transport. The least restrictive transport |
device consistent with the individual's need shall be used. |
Staff transporting the individual shall be trained in the use |
of the transport devices, recognizing and responding to a |
person in distress, and shall observe and monitor the |
individual while being transported. The facility shall keep a |
monthly record listing all transports, including those |
transports for which use of transport devices was not sought, |
those for which use of transport devices was sought but denied, |
and each instance in which transport devices are used, |
circumstances indicating the need for use of transport devices, |
time of application of transport devices, time of release from |
those devices, and any adverse events. The facility director |
shall allow the Illinois Guardianship and Advocacy Commission, |
the agency designated by the Governor under Section 1 of the |
|
Protection and Advocacy for Persons with Developmental |
Disabilities Developmentally Disabled Persons Act, and the |
Department to examine and copy the record upon request. This |
use of transport devices shall not be considered restraint as |
defined in the Mental Health and Developmental Disabilities |
Code. For the purpose of this Section "transport device" means |
ankle cuffs, handcuffs, waist chains or wrist-waist devices |
designed to restrict an individual's range of motion while |
being transported. These devices must be approved by the |
Division of Mental Health, used in accordance with the |
manufacturer's instructions, and used only by qualified staff |
members who have completed all training required to be eligible |
to transport patients and all other required training relating |
to the safe use and application of transport devices, including |
recognizing and responding to signs of distress in an |
individual whose movement is being restricted by a transport |
device. |
If and when it shall appear to the satisfaction of the |
Department that
any person confined in the Chester Mental |
Health Center is not or has
ceased to be such a source of |
danger to the public as to require his
subjection to the |
regimen of the center, the Department is hereby
authorized to |
transfer such person to any State facility for treatment of
|
persons with mental illness or habilitation of persons with |
developmental
disabilities, as the nature of the individual |
case may require.
|
|
Subject to the provisions of this Section, the Department, |
except where
otherwise provided by law, shall, with respect to |
the management, conduct
and control of the Chester Mental |
Health Center and the discipline, custody
and treatment of the |
persons confined therein, have and exercise the same
rights and |
powers as are vested by law in the Department with respect to
|
any and all of the State facilities for treatment of persons |
with mental
illness or habilitation of persons with |
developmental disabilities, and the
recipients thereof, and |
shall be subject to the same duties as are imposed by
law upon |
the Department with respect to such facilities and the |
recipients
thereof. |
The Department may elect to place persons who have been |
ordered by the court to be detained under the Sexually Violent |
Persons Commitment Act in a distinct portion of the Chester |
Mental Health Center. The persons so placed shall be separated |
and shall not comingle with the recipients of the Chester |
Mental Health Center. The portion of Chester Mental Health |
Center that is used for the persons detained under the Sexually |
Violent Persons Commitment Act shall not be a part of the |
mental health facility for the enforcement and implementation |
of the Mental Health and Developmental Disabilities Code nor |
shall their care and treatment be subject to the provisions of |
the Mental Health and Developmental Disabilities Code. The |
changes added to this Section by this amendatory Act of the |
98th General Assembly are inoperative on and after June 30, |
|
2015.
|
(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; |
98-756, eff. 7-16-14.)
|
(20 ILCS 1705/15b) (from Ch. 91 1/2, par. 100-15b)
|
Sec. 15b.
For recipients awaiting conditional
discharge or |
placement, to execute any document relating to or make any
|
application for any benefit including state or federal on |
behalf of any
recipient in a Department program if the |
recipient is a person with a mental disability and is unable to |
mentally disabled
to manage his own affairs.
|
(Source: P.A. 86-922.)
|
(20 ILCS 1705/15.4)
|
Sec. 15.4. Authorization for nursing delegation to permit |
direct care
staff to
administer medications. |
(a) This Section applies to (i) all programs for persons
|
with a
developmental disability in settings of 16 persons or |
fewer that are funded or
licensed by the Department of Human
|
Services and that distribute or administer medications and (ii) |
all
intermediate care
facilities for persons with |
developmental disabilities the developmentally disabled with |
16 beds or fewer that are
licensed by the
Department of Public |
Health. The Department of Human Services shall develop a
|
training program for authorized direct care staff to administer
|
medications under the
supervision and monitoring of a |
|
registered professional nurse.
This training program shall be |
developed in consultation with professional
associations |
representing (i) physicians licensed to practice medicine in |
all
its branches, (ii) registered professional nurses, and |
(iii) pharmacists.
|
(b) For the purposes of this Section:
|
"Authorized direct care staff" means non-licensed persons |
who have
successfully completed a medication administration |
training program
approved by the Department of Human Services |
and conducted by a nurse-trainer.
This authorization is |
specific to an individual receiving service in
a
specific |
agency and does not transfer to another agency.
|
"Medications" means oral and topical medications, insulin |
in an injectable form, oxygen, epinephrine auto-injectors, and |
vaginal and rectal creams and suppositories. "Oral" includes |
inhalants and medications administered through enteral tubes, |
utilizing aseptic technique. "Topical" includes eye, ear, and |
nasal medications. Any controlled substances must be packaged |
specifically for an identified individual. |
"Insulin in an injectable form" means a subcutaneous |
injection via an insulin pen pre-filled by the manufacturer. |
Authorized direct care staff may administer insulin, as ordered |
by a physician, advanced practice nurse, or physician |
assistant, if: (i) the staff has successfully completed a |
Department-approved advanced training program specific to |
insulin administration developed in consultation with |
|
professional associations listed in subsection (a) of this |
Section, and (ii) the staff consults with the registered nurse, |
prior to administration, of any insulin dose that is determined |
based on a blood glucose test result. The authorized direct |
care staff shall not : (i) calculate the insulin dosage needed |
when the dose is dependent upon a blood glucose test result, or |
(ii) administer insulin to individuals who require blood |
glucose monitoring greater than 3 times daily, unless directed |
to do so by the registered nurse. |
"Nurse-trainer training program" means a standardized, |
competency-based
medication administration train-the-trainer |
program provided by the
Department of Human Services and |
conducted by a Department of Human
Services master |
nurse-trainer for the purpose of training nurse-trainers to
|
train persons employed or under contract to provide direct care |
or
treatment to individuals receiving services to administer
|
medications and provide self-administration of medication |
training to
individuals under the supervision and monitoring of |
the nurse-trainer. The
program incorporates adult learning |
styles, teaching strategies, classroom
management, and a |
curriculum overview, including the ethical and legal
aspects of |
supervising those administering medications.
|
"Self-administration of medications" means an individual |
administers
his or her own medications. To be considered |
capable to self-administer
their own medication, individuals |
must, at a minimum, be able to identify
their medication by |
|
size, shape, or color, know when they should take
the |
medication, and know the amount of medication to be taken each |
time.
|
"Training program" means a standardized medication |
administration
training program approved by the Department of |
Human Services and
conducted by a registered professional nurse |
for the purpose of training
persons employed or under contract |
to provide direct care or treatment to
individuals receiving |
services to administer medications
and provide |
self-administration of medication training to individuals |
under
the delegation and supervision of a nurse-trainer. The |
program incorporates
adult learning styles, teaching |
strategies, classroom management,
curriculum overview, |
including ethical-legal aspects, and standardized
|
competency-based evaluations on administration of medications |
and
self-administration of medication training programs.
|
(c) Training and authorization of non-licensed direct care |
staff by
nurse-trainers must meet the requirements of this |
subsection.
|
(1) Prior to training non-licensed direct care staff to |
administer
medication, the nurse-trainer shall perform the |
following for each
individual to whom medication will be |
administered by non-licensed
direct care staff:
|
(A) An assessment of the individual's health |
history and
physical and mental status.
|
(B) An evaluation of the medications prescribed.
|
|
(2) Non-licensed authorized direct care staff shall |
meet the
following criteria:
|
(A) Be 18 years of age or older.
|
(B) Have completed high school or have a high |
school equivalency certificate.
|
(C) Have demonstrated functional literacy.
|
(D) Have satisfactorily completed the Health and |
Safety
component of a Department of Human Services |
authorized
direct care staff training program.
|
(E) Have successfully completed the training |
program,
pass the written portion of the comprehensive |
exam, and score
100% on the competency-based |
assessment specific to the
individual and his or her |
medications.
|
(F) Have received additional competency-based |
assessment
by the nurse-trainer as deemed necessary by |
the nurse-trainer
whenever a change of medication |
occurs or a new individual
that requires medication |
administration enters the program.
|
(3) Authorized direct care staff shall be re-evaluated |
by a
nurse-trainer at least annually or more frequently at |
the discretion of
the registered professional nurse. Any |
necessary retraining shall be
to the extent that is |
necessary to ensure competency of the authorized
direct |
care staff to administer medication.
|
(4) Authorization of direct care staff to administer |
|
medication
shall be revoked if, in the opinion of the |
registered professional nurse,
the authorized direct care |
staff is no longer competent to administer
medication.
|
(5) The registered professional nurse shall assess an
|
individual's health status at least annually or more |
frequently at the
discretion of the registered |
professional nurse.
|
(d) Medication self-administration shall meet the |
following
requirements:
|
(1) As part of the normalization process, in order for |
each
individual to attain the highest possible level of |
independent
functioning, all individuals shall be |
permitted to participate in their
total health care |
program. This program shall include, but not be
limited to, |
individual training in preventive health and |
self-medication
procedures.
|
(A) Every program shall adopt written policies and
|
procedures for assisting individuals in obtaining |
preventative
health and self-medication skills in |
consultation with a
registered professional nurse, |
advanced practice nurse,
physician assistant, or |
physician licensed to practice medicine
in all its |
branches.
|
(B) Individuals shall be evaluated to determine |
their
ability to self-medicate by the nurse-trainer |
through the use of
the Department's required, |
|
standardized screening and assessment
instruments.
|
(C) When the results of the screening and |
assessment
indicate an individual not to be capable to |
self-administer his or her
own medications, programs |
shall be developed in consultation
with the Community |
Support Team or Interdisciplinary
Team to provide |
individuals with self-medication
administration.
|
(2) Each individual shall be presumed to be competent |
to self-administer
medications if:
|
(A) authorized by an order of a physician licensed |
to
practice medicine in all its branches; and
|
(B) approved to self-administer medication by the
|
individual's Community Support Team or
|
Interdisciplinary Team, which includes a registered
|
professional nurse or an advanced practice nurse.
|
(e) Quality Assurance.
|
(1) A registered professional nurse, advanced practice |
nurse,
licensed practical nurse, physician licensed to |
practice medicine in all
its branches, physician |
assistant, or pharmacist shall review the
following for all |
individuals:
|
(A) Medication orders.
|
(B) Medication labels, including medications |
listed on
the medication administration record for |
persons who are not
self-medicating to ensure the |
labels match the orders issued by
the physician |
|
licensed to practice medicine in all its branches,
|
advanced practice nurse, or physician assistant.
|
(C) Medication administration records for persons |
who
are not self-medicating to ensure that the records |
are completed
appropriately for:
|
(i) medication administered as prescribed;
|
(ii) refusal by the individual; and
|
(iii) full signatures provided for all |
initials used.
|
(2) Reviews shall occur at least quarterly, but may be |
done
more frequently at the discretion of the registered |
professional nurse
or advanced practice nurse.
|
(3) A quality assurance review of medication errors and |
data
collection for the purpose of monitoring and |
recommending
corrective action shall be conducted within 7 |
days and included in the
required annual review.
|
(f) Programs using authorized direct care
staff to |
administer medications are responsible for documenting and |
maintaining
records
on the training that is completed.
|
(g) The absence of this training program constitutes a |
threat to the
public interest,
safety, and welfare and |
necessitates emergency rulemaking by
the Departments of Human |
Services and
Public Health
under Section 5-45
of
the
Illinois |
Administrative Procedure Act.
|
(h) Direct care staff who fail to qualify for delegated |
authority to
administer medications pursuant to the provisions |
|
of this Section shall be
given
additional education and testing |
to meet criteria for
delegation authority to administer |
medications.
Any direct care staff person who fails to qualify |
as an authorized direct care
staff
after initial training and |
testing must within 3 months be given another
opportunity for |
retraining and retesting. A direct care staff person who fails
|
to
meet criteria for delegated authority to administer |
medication, including, but
not limited to, failure of the |
written test on 2 occasions shall be given
consideration for |
shift transfer or reassignment, if possible. No employee
shall |
be terminated for failure to qualify during the 3-month time |
period
following initial testing. Refusal to complete training |
and testing required
by this Section may be grounds for |
immediate dismissal.
|
(i) No authorized direct care staff person delegated to |
administer
medication shall be subject to suspension or |
discharge for errors
resulting from the staff
person's acts or |
omissions when performing the functions unless the staff
|
person's actions or omissions constitute willful and wanton |
conduct.
Nothing in this subsection is intended to supersede |
paragraph (4) of subsection
(c).
|
(j) A registered professional nurse, advanced practice |
nurse,
physician licensed to practice medicine in all its |
branches, or physician
assistant shall be on
duty or
on call at |
all times in any program covered by this Section.
|
(k) The employer shall be responsible for maintaining |
|
liability insurance
for any program covered by this Section.
|
(l) Any direct care staff person who qualifies as |
authorized direct care
staff pursuant to this Section shall be |
granted consideration for a one-time
additional
salary |
differential. The Department shall determine and provide the |
necessary
funding for
the differential in the base. This |
subsection (l) is inoperative on and after
June 30, 2000.
|
(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; |
revised 10-2-14.)
|
(20 ILCS 1705/18.2) (from Ch. 91 1/2, par. 100-18.2)
|
Sec. 18.2.
Integrated system for services for persons with |
developmental disabilities developmentally
disabled . The |
Department shall develop an effective, integrated system for
|
delivering State-funded and State-operated services to persons |
with
developmental disabilities. No later than June 30, 1993, |
the Department
shall enter into one or more co-operative |
arrangements with the Department
of Public Aid, the Department |
of Rehabilitation Services, the Department of
Public Health, |
and any other appropriate entities for administration or
|
supervision by the Department of Mental Health and |
Developmental
Disabilities of all State programs for services |
to persons in community
care facilities for persons with |
developmental disabilities, including but
not limited to |
intermediate care facilities, that are supported by State
funds |
or by funding under Title XIX of the federal Social Security |
|
Act.
The Department of Human Services shall succeed to the |
responsibilities of the
Department of Mental Health and |
Developmental Disabilities and the Department
of |
Rehabilitation Services under any such cooperative arrangement |
in existence
on July 1, 1997.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(20 ILCS 1705/21.2) (from Ch. 91 1/2, par. 100-21.2)
|
Sec. 21.2.
The Fund for Persons with Developmental |
Disabilities the Developmentally Disabled ,
heretofore created |
as a special fund in the State Treasury under repealed
Section |
5-119 of the Mental Health and Developmental Disabilities Code, |
is
continued under this Section. The Secretary may accept |
moneys
from any
source for deposit into the Fund. The moneys in |
the Fund shall be used by
the Department, subject to |
appropriation, for the purpose of providing for
the care, |
support and treatment of low-income persons with a |
developmental
disability, or low-income persons otherwise |
eligible for Department services,
as defined by the Department.
|
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
|
(20 ILCS 1705/33.3) (from Ch. 91 1/2, par. 100-33.3)
|
Sec. 33.3. (a) The Department may
develop an annual plan |
for staff training. The plan
shall establish minimum training |
objectives and time frames and shall be
based on the assessment |
of needs of direct treatment staff. The plan shall
be developed |
|
using comments from employee representative organizations and
|
State and national professional and advocacy
groups. The |
training plan shall be available for public review and comment.
|
(b) A centralized pre-service training curriculum shall be |
developed
for classifications of employees of State-operated
|
facilities who have responsibility for direct patient care and |
whose
professional training and experience does not |
substantially include the
minimum training required under this |
Section, as determined by the
Department.
The plan shall |
address, at a minimum, the following areas:
|
(1) Crisis intervention;
|
(2) Communication (interpersonal theory, active |
listening and observing);
|
(3) Group process and group dynamics;
|
(4) Diagnosis, management, treatment and discharge |
planning;
|
(5) Psychotherapeutic and psychopharmacological |
psychosocial approaches;
|
(6) Community resources;
|
(7) Specialized skills for: long-term treatment, |
teaching activities of
daily living skills (e.g., |
grooming), psychosocial rehabilitation, and
schizophrenia |
and the aged, dual-diagnosed, young, and chronic;
|
(8) The Mental Health and Developmental Disabilities |
Code;
|
(9) The Mental Health and Developmental Disabilities |
|
Confidentiality Act;
|
(10) Physical intervention techniques;
|
(11) Aggression management;
|
(12) Cardiopulmonary resuscitation;
|
(13) Social assessment training;
|
(14) Suicide prevention and intervention;
|
(15) Tardive dyskinesia;
|
(16) Fire safety;
|
(17) Acquired immunodeficiency syndrome (AIDS);
|
(18) Toxic substances;
|
(19) The detection and reporting of suspected |
recipient abuse and neglect; and
|
(20) Methods of avoiding or reducing injuries in |
connection with delivery of services.
|
(c) Each program shall establish a unit-specific |
orientation which
details the types of patients served, rules, |
treatment strategies,
response to medical emergencies, |
policies and procedures, seclusion,
restraint for special need |
recipients, and community resources.
|
(d) The plan shall provide for in-service and any other |
necessary
training for direct service staff and shall include a |
system for verification of
completion. Pre-service training |
shall be completed within 6 months after
beginning employment, |
as a condition of continued employment and as a
prerequisite to |
contact with recipients of services, except in the
course of |
supervised on-the-job training that may be a component of the
|
|
training plan. The plan may also require additional
training in |
relation to
changes in employee work assignments and job |
classifications of professional and direct
service staff.
|
Direct care staff shall be trained in methods of |
communicating with
recipients who are not verbal, including |
discerning signs of discomfort or
medical problems experienced |
by a recipient. Facility administrators also
shall receive such |
training, to ensure that facility operations are adapted
to the |
needs of recipients with mental disabilities mentally disabled |
recipients .
|
(e) To facilitate training, the Department may develop
at |
least 2 training offices, one serving State-operated |
facilities
located in the Chicago metropolitan area and the |
second serving other
facilities operated by the Department. |
These offices shall develop and
conduct the pre-service and |
in-service training programs required by this
Section and |
coordinate other training required by the Department.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
|
Sec. 43.
To provide habilitation and care for persons with |
an intellectual disability the intellectually disabled and |
persons
with a developmental disability and counseling for |
their families in accordance
with programs established and |
conducted by the Department.
|
In assisting families to place such persons in need of care |
|
in licensed
facilities for persons with an intellectual |
disability the intellectually disabled and persons with a |
developmental
disability, the Department may supplement the |
amount a family is
able to pay, as determined by the Department |
in accordance with Sections
5-105 through 5-116 of the "Mental |
Health and Developmental Disabilities Code"
as amended, and the |
amount available from other sources. The Department shall
have |
the authority to determine eligibility for placement of a |
person in a
private facility.
|
Whenever a person with an intellectual disability an |
intellectually disabled person or a client is placed in a
|
private facility pursuant to this Section, such private |
facility must
give the Department and the person's guardian or |
nearest relative, at
least 30 days' notice in writing before |
such person may be discharged or
transferred from the private |
facility, except in an emergency.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(20 ILCS 1705/46) (from Ch. 91 1/2, par. 100-46)
|
Sec. 46.
Separation between the sexes shall be maintained |
relative to
sleeping quarters in each facility under the |
jurisdiction of the Department,
except in relation to quarters |
for children with intellectual disabilities intellectually |
disabled children under age 6
and quarters for persons with |
intellectual disabilities that are severely-profound |
severely-profoundly intellectually disabled persons and
|
|
nonambulatory persons with intellectual disabilities |
nonambulatory intellectually disabled persons , regardless of |
age.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(20 ILCS 1705/54.5) |
Sec. 54.5. Community care for persons with developmental |
disabilities the developmentally disabled quality workforce |
initiative. |
(a) Legislative intent. Individuals with developmental |
disabilities who live in community-based settings rely on |
direct support staff for a variety of supports and services |
essential to the ability to reach their full potential. A |
stable, well-trained direct support workforce is critical to |
the well-being of these individuals. State and national studies |
have documented high rates of turnover among direct support |
workers and confirmed that improvements in wages can help |
reduce turnover and develop a more stable and committed |
workforce. This Section would increase the wages and benefits |
for direct care workers supporting individuals with |
developmental disabilities and provide accountability by |
ensuring that additional resources go directly to these |
workers. |
(b) Reimbursement. In order to attract and retain a stable, |
qualified, and healthy workforce, beginning July 1, 2010, the |
Department of Human Services may reimburse an individual |
|
community service provider serving individuals with |
developmental disabilities for spending incurred to provide |
improved wages and benefits to its employees serving |
individuals with developmental disabilities developmentally |
disabled individuals . Reimbursement shall be based upon the |
provider's most recent cost report. Subject to available |
appropriations, this reimbursement shall be made according to |
the following criteria: |
(1) The Department shall reimburse the provider to |
compensate for spending on improved wages and benefits for |
its eligible employees. Eligible employees include |
employees engaged in direct care work. |
(2) In order to qualify for reimbursement under this |
Section, a provider must submit to the Department, before |
January 1 of each year, documentation of a written, legally |
binding commitment to increase spending for the purpose of |
providing improved wages and benefits to its eligible |
employees during the next year. The commitment must be |
binding as to both existing and future staff. The |
commitment must include a method of enforcing the |
commitment that is available to the employees or their |
representative and is expeditious, uses a neutral |
decision-maker, and is economical for the employees. The |
Department must also receive documentation of the |
provider's provision of written notice of the commitment |
and the availability of the enforcement mechanism to the |
|
employees or their representative. |
(3) Reimbursement shall be based on the amount of |
increased spending to be incurred by the provider for |
improving wages and benefits that exceeds the spending |
reported in the cost report currently used by the |
Department. Reimbursement shall be calculated as follows: |
the per diem equivalent of the quarterly difference between |
the cost to provide improved wages and benefits for covered |
eligible employees as identified in the legally binding |
commitment and the previous period cost of wages and |
benefits as reported in the cost report currently used by |
the Department, subject to the limitations identified in |
paragraph (2) of this subsection. In no event shall the per |
diem increase be in excess of $7.00 for any 12 month |
period, or in excess of $8.00 for any 12 month period for |
community-integrated living arrangements with 4 beds or |
less. For purposes of this Section, "community-integrated |
living arrangement" has the same meaning ascribed to that |
term in the Community-Integrated Living Arrangements |
Licensure and Certification Act. |
(4) Any community service provider is eligible to |
receive reimbursement under this Section. A provider's |
eligibility to receive reimbursement shall continue as |
long as the provider maintains eligibility under paragraph |
(2) of this subsection and the reimbursement program |
continues to exist. |
|
(c) Audit. Reimbursement under this Section is subject to |
audit by the Department and shall be reduced or eliminated in |
the case of any provider that does not honor its commitment to |
increase spending to improve the wages and benefits of its |
employees or that decreases such spending.
|
(Source: P.A. 96-1124, eff. 7-20-10.)
|
(20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)
|
Sec. 66. Domestic abuse of adults with disabilities |
disabled adults . Pursuant to the
Abuse
of Adults with |
Disabilities
Intervention Act, the Department
shall
have the |
authority to provide developmental disability or mental health
|
services in state-operated facilities or through Department |
supported community
agencies to eligible adults in |
substantiated cases of abuse, neglect or
exploitation on a |
priority basis and to waive current eligibility
requirements in |
an emergency pursuant to the Abuse of
Adults with Disabilities |
Intervention Act. This Section shall not be
interpreted to be |
in
conflict with standards for admission to residential |
facilities as provided
in the Mental Health and Developmental |
Disabilities Code.
|
(Source: P.A. 91-671, eff. 7-1-00.)
|
Section 180. The Military Code of Illinois is amended by |
changing Sections 28.6 and 52 as follows:
|
|
(20 ILCS 1805/28.6)
|
Sec. 28.6. Policy.
|
(a) A member of the Army National Guard or the Air National
|
Guard may be ordered to funeral honors duty in accordance
with |
this Article. That member shall receive an allowance
of $100 |
for any day on which a minimum of 2 hours of funeral
honors |
duty is performed. Members of the Illinois National
Guard |
ordered to funeral honors duty in accordance with
this Article |
are considered to be in the active service of
the State for all |
purposes except for pay, and the
provisions of Sections 52, 53, |
54, 55, and 56 of the
Military Code of Illinois apply if a |
member of the
Illinois National Guard is injured or becomes a |
person with a disability disabled in
the course of those |
duties.
|
(b) The Adjutant General may provide support for other
|
authorized providers who volunteer to participate in a
funeral |
honors detail conducted on behalf of the Governor.
This support |
is limited to transportation, reimbursement
for |
transportation, expenses, materials, and training.
|
(c) On or after July 1, 2006, if the Adjutant General |
determines that Illinois
National Guard personnel are not |
available to perform military funeral
honors in accordance with |
this Article, the Adjutant General may authorize another |
appropriate organization to provide one or more of its members |
to perform those honors and, subject to appropriations for that |
purpose, shall authorize the payment of a $100 stipend to the |
|
organization.
|
(Source: P.A. 94-251, eff. 1-1-06; 94-359, eff. 7-1-06; 95-331, |
eff. 8-21-07.)
|
(20 ILCS 1805/52) (from Ch. 129, par. 220.52)
|
Sec. 52. Injured personnel or personnel with a disability |
or disabled personnel ; treatment; compensation. Officers, |
warrant officers, or enlisted personnel of the Illinois |
National Guard who may be injured in any way, including without |
limitation through illness, while on duty and lawfully |
performing the same, are entitled to be treated by an officer |
of the medical or dental department detailed by the Adjutant |
General, or at the nearest appropriate medical treatment |
facility if such an officer is not detailed. Officers, warrant |
officers, or enlisted personnel of the
Illinois National Guard |
who may be wounded or
disabled in any way, while on duty and |
lawfully performing the same, so
as to prevent their working at |
their profession, trade, or other
occupation from which they |
gain their living, are entitled to be treated
by an officer of |
the medical or dental department detailed by the
Adjutant |
General, or at the nearest appropriate medical treatment |
facility if such an officer is not detailed, and, as long as |
the Illinois National Guard has not
been called into federal |
service, are entitled to all privileges due
them as State |
employees under the "Workers' Compensation Act", approved
July |
9, 1951, as now or hereafter amended, and the "Workers'
|
|
Occupational Diseases Act", approved July 9, 1951, as now or |
hereafter
amended. For purposes of this Section, injured, |
wounded, or disabled "while on duty and lawfully performing the |
same" means incurring an injury, wound, or disability while in |
a State military status pursuant to orders of the |
Commander-in-Chief, except when the injury, wound, or |
disability is caused by the officer's, warrant officer's, or |
enlisted personnel's own misconduct.
|
(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)
|
Section 185. The State Guard Act is amended by changing |
Section 16 as follows:
|
(20 ILCS 1815/16) (from Ch. 129, par. 244)
|
Sec. 16.
Any officer or warrant officer, who becomes a |
person with a disability becoming disabled from wounds,
|
injuries or illness, so as to prevent him from active service |
thereafter,
shall, on recommendation of a retirement board of |
three officers, two of
whom shall be medical officers, be |
placed upon the retired list in his
grade at time of |
retirement.
|
(Source: Laws 1951, p. 1999.)
|
Section 190. The Abandoned Mined Lands and Water |
Reclamation Act is amended by changing Section 2.08 as follows:
|
|
(20 ILCS 1920/2.08) (from Ch. 96 1/2, par. 8002.08)
|
Sec. 2.08. Special reclamation programs.
|
(a) In addition to the authority to acquire land under |
Section 2.06, the
Department may use funds provided under the |
Federal Act to
acquire land by purchase, donation, or |
condemnation, to reclaim such acquired
land and retain
the land |
or transfer title to it to a political subdivision or to any |
person,
firm, association, or corporation, if the Department |
determines
that such is an integral and necessary element of an |
economically feasible plan
for the project to construct or |
rehabilitate housing for persons who have a disability disabled |
as
the result of employment in the mines or work incidental |
thereto, persons
displaced by acquisition of land under Section |
2.06, or persons dislocated
as the result of adverse effects of |
mining practices which constitute an
emergency as provided in |
the Federal Act or persons dislocated as the result
of natural |
disasters or catastrophic failures from any cause. No part of
|
the funds provided under this Section may be used to pay the |
actual
construction costs of housing.
|
(b) Use of funds under this Section shall be subject to |
requirements under
the Federal Act with respect to such |
projects.
|
(Source: P.A. 89-445, eff. 2-7-96.)
|
Section 195. The Department of Public Health Act is amended |
by changing Section 4 as follows:
|
|
(20 ILCS 2305/4) (from Ch. 111 1/2, par. 22.02)
|
Sec. 4.
No otherwise qualified child with a disability |
handicapped child receiving special education
and related |
services under Article 14 of The School Code shall solely by
|
reason of his or her disability handicap be excluded from the |
participation in or be
denied the benefits of or be subjected |
to discrimination under any program
or activity provided by the |
Department.
|
(Source: P.A. 80-1403.)
|
Section 200. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 2310-680 as follows:
|
(20 ILCS 2310/2310-680) |
(Section scheduled to be repealed on January 1, 2016) |
Sec. 2310-680. Multiple Sclerosis Task Force. |
(a) The General Assembly finds and declares the following: |
(1) Multiple sclerosis (MS) is a chronic, often |
disabling, disease that
attacks the central nervous |
system, which is comprised of the brain, spinal
cord, and |
optic nerves. MS is the number one disabling disease among |
young adults, striking in the prime of life. It is a |
disease in which the body, through its immune
system, |
launches a defensive and damaging attack against its own |
|
tissues. MS
damages the nerve-insulating myelin sheath |
that surrounds and protects the
brain. The damage to the |
myelin sheath slows down or blocks messages between
the |
brain and the body. |
(2) Most people experience their first symptoms of MS |
between the ages of
20 and 40, but MS can appear in young |
children and teens as well as much older adults. MS |
symptoms can include visual disturbances, muscle weakness,
|
trouble with coordination and balance, sensations such as |
numbness, prickling or
pins and needles, and thought and |
memory problems. MS patients can also
experience partial or |
complete paralysis, speech impediments, tremors,
|
dizziness, stiffness and spasms, fatigue, paresthesias, |
pain, and loss of
sensation. |
(3) The cause of MS remains unknown; however, having a |
first-degree
relative, such as a parent or sibling, with MS |
significantly increases a
person's risk of developing the |
disease. According to the National Institute of
|
Neurological Disorders and Stroke, it is estimated that |
there are approximately
250,000 to 350,000 persons in the |
United States who are diagnosed with MS. This
estimate |
suggests that approximately 200 new cases are diagnosed |
each week. Other sources report a population of at least |
400,000 in the United States. The estimate of persons with |
MS in Illinois is 20,000, with at least 2 areas of MS |
clusters identified in Illinois. |
|
(4) Presently, there is no cure for MS. The complex and |
variable nature of the disease makes it very difficult to |
diagnose, treat, and research. The cost to the family, |
often with young children, can be overwhelming. Among |
common diagnoses, non-stroke neurologic illnesses, such as |
multiple sclerosis, were associated with the highest |
out-of-pocket expenditures (a mean of $34,167), followed |
by diabetes ($26,971), injuries ($25,096), stroke |
($23,380), mental illnesses ($23,178), and heart disease |
($21,955). Median out-of-pocket costs for health care |
among people with MS, excluding insurance premiums, were |
almost twice as much as the general population. The costs |
associated with MS increase with greater disability. Costs |
for individuals with a severe disability severely disabled |
individuals are more than twice those for persons with a |
relatively mild form of the disease. A recent study of |
medical bankruptcy found that 62.1% of all personal |
bankruptcies in the United States were related to medical |
costs. |
(5) Therefore, it is in the public interest for the |
State to establish a
Multiple Sclerosis Task Force in order |
to identify and address the unmet needs
of persons with MS |
and develop ways to enhance their quality of life. |
(b) There is established the Multiple Sclerosis Task Force
|
in the Department of Public Health. The purpose of the Task |
Force shall be to: |
|
(1) develop strategies to identify and address the |
unmet needs of persons
with MS in order to enhance the |
quality of life of persons with MS by maximizing
|
productivity and independence and addressing emotional, |
social, financial, and vocational
challenges of persons |
with MS; |
(2) develop strategies to provide persons with MS |
greater access to
various treatments and other therapeutic |
options that may be available; and |
(3) develop strategies to improve multiple sclerosis |
education and awareness. |
(c) The Task Force shall consist of 16 members as follows: |
(1) the Director of Public Health and the Director of |
Human Services,
or their designees, who shall serve ex |
officio; and |
(2) fourteen public members, who shall be appointed by |
the Director of Public Health as
follows: 2 neurologists |
licensed to practice medicine in this State; 3 registered |
nurses or other health professionals with MS certification |
and extensive expertise with progressed MS; one
person upon |
the recommendation of the National Multiple Sclerosis |
Society; 3 persons who represent agencies that provide |
services
or support to individuals with MS in this State; 3 |
persons who have MS, at least one of whom having progressed |
MS; and
2 members of the public with a demonstrated |
expertise in issues relating to
the work of the Task Force. |
|
Vacancies in the membership of the Task Force shall be |
filled in the same
manner provided for in the original |
appointments. |
(d) The Task Force shall organize within 120 days following |
the
appointment of a majority of its members and shall select a |
chairperson and
vice-chairperson from among the members. The |
chairperson shall appoint a
secretary who need not be a member |
of the Task Force. |
(e) The public members shall serve without compensation and |
shall not be reimbursed for necessary expenses incurred in the
|
performance of their duties unless funds
become available to |
the Task Force. |
(f) The Task Force may meet and hold hearings as it deems |
appropriate. |
(g) The Department of Public Health shall provide staff
|
support to the Task Force. |
(h) The Task Force shall report its findings and |
recommendations to the
Governor and to the General Assembly, |
along with any legislative bills that it desires to recommend
|
for adoption by the General Assembly, no later than December |
31, 2015. |
(i) The Task Force is abolished and this Section is |
repealed on January 1, 2016.
|
(Source: P.A. 98-530, eff. 8-23-13; 98-756, eff. 7-16-14.)
|
Section 205. The Disabled Persons Rehabilitation Act is |
|
amended by changing Sections 0.01, 3, 5b, 10 and 13 as follows:
|
(20 ILCS 2405/0.01) (from Ch. 23, par. 3429)
|
Sec. 0.01. Short title. This Act may be cited as the
|
Rehabilitation of Persons with Disabilities Disabled Persons |
Rehabilitation Act.
|
(Source: P.A. 86-1324.)
|
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
|
Sec. 3. Powers and duties. The Department shall have the |
powers and
duties enumerated
herein:
|
(a) To co-operate with the federal government in the |
administration
of the provisions of the federal Rehabilitation |
Act of 1973, as amended,
of the Workforce Investment Act of |
1998,
and of the federal Social Security Act to the extent and |
in the manner
provided in these Acts.
|
(b) To prescribe and supervise such courses of vocational |
training
and provide such other services as may be necessary |
for the habilitation
and rehabilitation of persons with one or |
more disabilities, including the
administrative activities |
under subsection (e) of this Section, and to
co-operate with |
State and local school authorities and other recognized
|
agencies engaged in habilitation, rehabilitation and |
comprehensive
rehabilitation services; and to cooperate with |
the Department of Children
and Family Services regarding the |
care and education of children with one
or more disabilities.
|
|
(c) (Blank).
|
(d) To report in writing, to the Governor, annually on or |
before the
first day of December, and at such other times and |
in such manner and
upon such subjects as the Governor may |
require. The annual report shall
contain (1) a statement of the |
existing condition of comprehensive
rehabilitation services, |
habilitation and rehabilitation in the State;
(2) a statement |
of suggestions and recommendations with reference to the
|
development of comprehensive rehabilitation services, |
habilitation and
rehabilitation in the State; and (3) an |
itemized statement of the
amounts of money received from |
federal, State and other sources, and of
the objects and |
purposes to which the respective items of these several
amounts |
have been devoted.
|
(e) (Blank).
|
(f) To establish a program of services to prevent the |
unnecessary
institutionalization of persons in need of long |
term care and who meet the criteria for blindness or disability |
as defined by the Social Security Act, thereby enabling them to
|
remain in their own homes. Such preventive
services include any |
or all of the following:
|
(1) personal assistant services;
|
(2) homemaker services;
|
(3) home-delivered meals;
|
(4) adult day care services;
|
(5) respite care;
|
|
(6) home modification or assistive equipment;
|
(7) home health services;
|
(8) electronic home response;
|
(9) brain injury behavioral/cognitive services;
|
(10) brain injury habilitation;
|
(11) brain injury pre-vocational services; or
|
(12) brain injury supported employment.
|
The Department shall establish eligibility
standards for |
such services taking into consideration the unique
economic and |
social needs of the population for whom they are to
be |
provided. Such eligibility standards may be based on the |
recipient's
ability to pay for services; provided, however, |
that any portion of a
person's income that is equal to or less |
than the "protected income" level
shall not be considered by |
the Department in determining eligibility. The
"protected |
income" level shall be determined by the Department, shall |
never be
less than the federal poverty standard, and shall be |
adjusted each year to
reflect changes in the Consumer Price |
Index For All Urban Consumers as
determined by the United |
States Department of Labor. The standards must
provide that a |
person may not have more than $10,000 in assets to be eligible |
for the services, and the Department may increase or decrease |
the asset limitation by rule. The Department may not decrease |
the asset level below $10,000.
|
The services shall be provided, as established by the
|
Department by rule, to eligible persons
to prevent unnecessary |
|
or premature institutionalization, to
the extent that the cost |
of the services, together with the
other personal maintenance |
expenses of the persons, are reasonably
related to the |
standards established for care in a group facility
appropriate |
to their condition. These non-institutional
services, pilot |
projects or experimental facilities may be provided as part of
|
or in addition to those authorized by federal law or those |
funded and
administered by the Illinois Department on Aging. |
The Department shall set rates and fees for services in a fair |
and equitable manner. Services identical to those offered by |
the Department on Aging shall be paid at the same rate.
|
Personal assistants shall be paid at a rate negotiated
|
between the State and an exclusive representative of personal
|
assistants under a collective bargaining agreement. In no case
|
shall the Department pay personal assistants an hourly wage
|
that is less than the federal minimum wage.
|
Solely for the purposes of coverage under the Illinois |
Public Labor
Relations
Act
(5 ILCS 315/), personal assistants |
providing
services under
the Department's Home Services |
Program shall be considered to be public
employees
and the |
State of Illinois shall be considered to be their employer as |
of the
effective date of
this amendatory Act of the 93rd |
General Assembly, but not before. Solely for the purposes of |
coverage under the Illinois Public Labor Relations Act, home |
care and home health workers who function as personal |
assistants and individual maintenance home health workers and |
|
who also provide services under the Department's Home Services |
Program shall be considered to be public employees, no matter |
whether the State provides such services through direct |
fee-for-service arrangements, with the assistance of a managed |
care organization or other intermediary, or otherwise, and the |
State of Illinois shall be considered to be the employer of |
those persons as of January 29, 2013 (the effective date of |
Public Act 97-1158), but not before except as otherwise |
provided under this subsection (f). The State
shall
engage in |
collective bargaining with an exclusive representative of home |
care and home health workers who function as personal |
assistants and individual maintenance home health workers |
working under the Home Services Program
concerning
their terms |
and conditions of employment that are within the State's |
control.
Nothing in
this paragraph shall be understood to limit |
the right of the persons receiving
services
defined in this |
Section to hire and fire
home care and home health workers who |
function as personal assistants
and individual maintenance |
home health workers working under the Home Services Program or |
to supervise them within the limitations set by the Home |
Services Program. The
State
shall not be considered to be the |
employer of
home care and home health workers who function as |
personal
assistants and individual maintenance home health |
workers working under the Home Services Program for any |
purposes not specifically provided in Public Act 93-204 or |
Public Act 97-1158, including but not limited to, purposes of |
|
vicarious liability
in tort and
purposes of statutory |
retirement or health insurance benefits. Home care and home |
health workers who function as personal assistants and |
individual maintenance home health workers and who also provide |
services under the Department's Home Services Program shall not |
be covered by the State Employees Group
Insurance Act
of 1971 |
(5 ILCS 375/).
|
The Department shall execute, relative to nursing home |
prescreening, as authorized by Section 4.03 of the Illinois Act |
on the Aging,
written inter-agency agreements with the |
Department on Aging and
the Department of Healthcare and Family |
Services, to effect the intake procedures
and eligibility |
criteria for those persons who may need long term care. On and |
after July 1, 1996, all nursing
home prescreenings for |
individuals 18 through 59 years of age shall be
conducted by |
the Department, or a designee of the
Department.
|
The Department is authorized to establish a system of |
recipient cost-sharing
for services provided under this |
Section. The cost-sharing shall be based upon
the recipient's |
ability to pay for services, but in no case shall the
|
recipient's share exceed the actual cost of the services |
provided. Protected
income shall not be considered by the |
Department in its determination of the
recipient's ability to |
pay a share of the cost of services. The level of
cost-sharing |
shall be adjusted each year to reflect changes in the |
"protected
income" level. The Department shall deduct from the |
|
recipient's share of the
cost of services any money expended by |
the recipient for disability-related
expenses.
|
To the extent permitted under the federal Social Security |
Act, the Department, or the Department's authorized |
representative, may recover
the amount of moneys expended for |
services provided to or in behalf of a person
under this |
Section by a claim against the person's estate or against the |
estate
of the person's surviving spouse, but no recovery may be |
had until after the
death of the surviving spouse, if any, and |
then only at such time when there is
no surviving child who is |
under age 21 or , blind or who has a permanent and total |
disability , or permanently and totally
disabled . This |
paragraph, however, shall not bar recovery, at the death of the
|
person, of moneys for services provided to the person or in |
behalf of the
person under this Section to which the person was |
not entitled; provided that
such recovery shall not be enforced |
against any real estate while
it is occupied as a homestead by |
the surviving spouse or other dependent, if no
claims by other |
creditors have been filed against the estate, or, if such
|
claims have been filed, they remain dormant for failure of |
prosecution or
failure of the claimant to compel administration |
of the estate for the purpose
of payment. This paragraph shall |
not bar recovery from the estate of a spouse,
under Sections |
1915 and 1924 of the Social Security Act and Section 5-4 of the
|
Illinois Public Aid Code, who precedes a person receiving |
services under this
Section in death. All moneys for services
|
|
paid to or in behalf of the person under this Section shall be |
claimed for
recovery from the deceased spouse's estate. |
"Homestead", as used in this
paragraph, means the dwelling |
house and
contiguous real estate occupied by a surviving spouse |
or relative, as defined
by the rules and regulations of the |
Department of Healthcare and Family Services,
regardless of the |
value of the property.
|
The Department shall submit an annual report on programs |
and
services provided under this Section. The report shall be |
filed
with the Governor and the General Assembly on or before |
March
30
each year.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research Unit,
as |
required by Section 3.1 of the General Assembly Organization |
Act, and filing
additional copies with the State
Government |
Report Distribution Center for the General Assembly as
required |
under paragraph (t) of Section 7 of the State Library Act.
|
(g) To establish such subdivisions of the Department
as |
shall be desirable and assign to the various subdivisions the
|
responsibilities and duties placed upon the Department by law.
|
(h) To cooperate and enter into any necessary agreements |
with the
Department of Employment Security for the provision of |
job placement and
job referral services to clients of the |
|
Department, including job
service registration of such clients |
with Illinois Employment Security
offices and making job |
listings maintained by the Department of Employment
Security |
available to such clients.
|
(i) To possess all powers reasonable and necessary for
the |
exercise and administration of the powers, duties and
|
responsibilities of the Department which are provided for by |
law.
|
(j) (Blank).
|
(k) (Blank).
|
(l) To establish, operate and maintain a Statewide Housing |
Clearinghouse
of information on available, government |
subsidized housing accessible to
persons with disabilities |
disabled persons and available privately owned housing |
accessible to
persons with disabilities disabled persons . The |
information shall include but not be limited to the
location, |
rental requirements, access features and proximity to public
|
transportation of available housing. The Clearinghouse shall |
consist
of at least a computerized database for the storage and |
retrieval of
information and a separate or shared toll free |
telephone number for use by
those seeking information from the |
Clearinghouse. Department offices and
personnel throughout the |
State shall also assist in the operation of the
Statewide |
Housing Clearinghouse. Cooperation with local, State and |
federal
housing managers shall be sought and extended in order |
to frequently and
promptly update the Clearinghouse's |
|
information.
|
(m) To assure that the names and case records of persons |
who received or
are
receiving services from the Department, |
including persons receiving vocational
rehabilitation, home |
services, or other services, and those attending one of
the |
Department's schools or other supervised facility shall be |
confidential and
not be open to the general public. Those case |
records and reports or the
information contained in those |
records and reports shall be disclosed by the
Director only to |
proper law enforcement officials, individuals authorized by a
|
court, the General Assembly or any committee or commission of |
the General
Assembly, and other persons and for reasons as the |
Director designates by rule.
Disclosure by the Director may be |
only in accordance with other applicable
law.
|
(Source: P.A. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12; |
97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
|
(20 ILCS 2405/5b) |
Sec. 5b. Home Services Medicaid Trust Fund. |
(a) The Home Services Medicaid Trust Fund is hereby created |
as a special fund in the State treasury. |
(b) Amounts paid to the State during each State fiscal year |
by the federal government under Title XIX or Title XXI of the |
Social Security Act for services delivered in relation to the |
Department's Home Services Program established pursuant to |
Section 3 of this the Disabled Persons Rehabilitation Act, and |
|
any interest earned thereon, shall be deposited into the Fund. |
(c) Moneys in the Fund may be used by the Department for |
the purchase of services, and operational and administrative |
expenses, in relation to the Home Services Program.
|
(Source: P.A. 98-1004, eff. 8-18-14.)
|
(20 ILCS 2405/10) (from Ch. 23, par. 3441)
|
Sec. 10. Residential schools; visual and hearing |
disabilities handicaps .
|
(a) The Department of Human Services shall operate
|
residential schools for the education of children with visual |
and hearing
disabilities handicaps who are unable to take |
advantage of the regular educational
facilities provided in the |
community, and shall provide in connection
therewith such |
academic, vocational, and related services as may be
required. |
Children shall be eligible for admission to these schools only
|
after proper diagnosis and evaluation, in accordance with |
procedures
prescribed by the Department.
|
(a-5) The Superintendent of the Illinois School for the |
Deaf shall be the chief executive officer of, and shall be |
responsible for the day to day operations of, the School, and |
shall obtain educational and professional employees who are |
certified by the Illinois State Board of Education or licensed |
by the appropriate agency or entity to which licensing |
authority has been delegated, as well as all other employees of |
the School, subject to the provisions of the Personnel Code and |
|
any applicable collective bargaining agreement. The |
Superintendent shall be appointed by the Governor, by and with |
the advice and consent of the Senate. In the case of a vacancy |
in the office of Superintendent during the recess of the |
Senate, the Governor shall make a temporary appointment until |
the next meeting of the Senate, when the Governor shall |
nominate some person to fill the office, and any person so |
nominated who is confirmed by the Senate shall hold office |
during the remainder of the term and until his or her successor |
is appointed and qualified. The Superintendent shall hold |
office (i) for a term expiring on June 30 of 2015, and every 4 |
years thereafter and (ii) until the Superintendent's successor |
is appointed and qualified. The Superintendent shall devote his |
or her full time to the duties of the office, shall not serve |
in any other capacity during his or her term of office, and |
shall receive such compensation as the Governor shall |
determine. The Superintendent shall have an administrative |
certificate with a superintendent endorsement as provided for |
under Section 21-7.1 of the School Code, and shall have degrees |
in both educational administration and deaf education, |
together with at least 15 years of experience in either deaf |
education, the administration of deaf education, or a |
combination of the 2. |
(a-10) The Superintendent of the Illinois School for the |
Visually Impaired shall be the chief executive officer of, and |
shall be responsible for the day to day operations of, the |
|
School, and shall obtain educational and professional |
employees who are certified by the Illinois State Board of |
Education or licensed by the appropriate agency or entity to |
which licensing authority has been delegated, as well as all |
other employees of the School, subject to the provisions of the |
Personnel Code and any applicable collective bargaining |
agreement. The Superintendent shall be appointed by the |
Governor, by and with the advice and consent of the Senate. In |
the case of a vacancy in the office of Superintendent during |
the recess of the Senate, the Governor shall make a temporary |
appointment until the next meeting of the Senate, when the |
Governor shall nominate some person to fill the office, and any |
person so nominated who is confirmed by the Senate shall hold |
office during the remainder of the term and until his or her |
successor is appointed and qualified. The Superintendent shall |
hold office (i) for a term expiring on June 30 of 2015, and |
every 4 years thereafter and (ii) until the Superintendent's |
successor is appointed and qualified. The Superintendent shall |
devote his or her full time to the duties of the office, shall |
not serve in any other capacity during his or her term of |
office, and shall receive such compensation as the Governor |
shall determine. The Superintendent shall have an |
administrative certificate with a superintendent endorsement |
as provided for under Section 21-7.1 of the School Code, and |
shall have degrees in both educational administration and blind |
or visually impaired education, together with at least 15 years |
|
of experience in either blind or visually impaired education, |
the administration of blind or visually impaired education, or |
a combination of the 2. |
(b) In administering the Illinois School for the Deaf, the |
Department
shall adopt an admission policy which permits day or |
residential
enrollment, when resources are sufficient, of |
children with hearing
disabilities handicaps who are able to |
take advantage of the regular educational
facilities provided |
in the community and thus unqualified for admission
under |
subsection (a). In doing so, the Department shall establish an
|
annual deadline by which shall be completed the enrollment of |
children
qualified under subsection (a) for admission to the |
Illinois School for the
Deaf. After the deadline, the Illinois |
School for the Deaf may enroll
other children with hearing |
disabilities handicaps at the request of their parents or
|
guardians if the Department determines there are sufficient |
resources to
meet their needs as well as the needs of children |
enrolled before the
deadline and children qualified under |
subsection (a) who may be enrolled
after the deadline on an |
emergency basis. The Department shall adopt any
rules and |
regulations necessary for the implementation of this |
subsection.
|
(c) In administering the Illinois School for the Visually |
Impaired, the
Department shall adopt an admission policy that |
permits day or residential
enrollment, when resources are |
sufficient, of children with visual
disabilities handicaps who |
|
are able to take advantage of the regular educational
|
facilities provided in the community and thus unqualified for |
admission
under subsection (a). In doing so, the Department |
shall establish an
annual deadline by which the enrollment of |
children qualified under subsection
(a) for admission to the |
Illinois School for the Visually Impaired shall be
completed. |
After the deadline, the Illinois School for the Visually |
Impaired
may enroll other children with visual disabilities |
handicaps at the request of their parents
or guardians if the |
Department determines there are sufficient resources to
meet |
their needs as well as the needs of children enrolled before |
the deadline
and children qualified under subsection (a) who |
may be enrolled after the
deadline on an emergency basis. The |
Department shall adopt any rules and
regulations necessary for |
the implementation of this subsection.
|
(Source: P.A. 97-625, eff. 11-28-11.)
|
(20 ILCS 2405/13) (from Ch. 23, par. 3444)
|
Sec. 13. The Department shall have all powers reasonable |
and necessary
for the administration of institutions for |
persons with one or more
disabilities under subsection (f) of |
Section 3 of this Act, including, but
not limited to, the |
authority to do the following:
|
(a) Appoint and remove the superintendents of the
|
institutions operated by the Department, except for those |
superintendents whose appointment and removal is provided for |
|
under Section 10 of this Act; obtain all other employees
|
subject to the provisions of the Personnel Code, except for |
educational and professional employees of the Illinois School |
for the Deaf and the Illinois School for the Visually Impaired |
who are certified by the Illinois State Board of Education or |
licensed by the appropriate agency or entity to which licensing |
authority has been delegated, and all other employees of the |
Schools who are obtained by the superintendents as provided |
under Section 10 of this Act, subject to the provisions of the |
Personnel Code and any applicable collective bargaining |
agreement; and conduct
staff training programs for the |
development and improvement of services.
|
(b) Provide supervision, housing accommodations, board or |
the
payment of boarding costs, tuition, and treatment free of |
charge, except
as otherwise specified in this Act, for |
residents of this State who are
cared for in any institution, |
or for persons receiving services under
any program under the |
jurisdiction of the Department. Residents of other
states may |
be admitted upon payment of the costs of board, tuition, and
|
treatment as determined by the Department; provided, that no |
resident of
another state shall be received or retained to the |
exclusion of any
resident of this State. The Department shall |
accept any donation for the
board, tuition, and treatment of |
any person receiving service or care.
|
(c) Cooperate with the State Board of Education and the |
Department of
Children and Family Services in a program to |
|
provide for the placement,
supervision, and foster care of |
children with disabilities handicaps who must leave their
home |
community in order to attend schools offering programs in |
special
education.
|
(d) Assess and collect (i) student activity fees and (ii) |
charges to
school districts for transportation of students |
required under the School Code
and provided by the Department. |
The Department shall direct the expenditure of
all money that |
has been or may be received by any officer of the several State
|
institutions under the direction and supervision of the |
Department as profit on
sales from commissary stores, student |
activity fees, or charges for student
transportation. The money |
shall be deposited into a locally held fund and
expended under |
the direction of the Department for the special comfort,
|
pleasure, and amusement of residents and employees and the |
transportation of
residents, provided that amounts expended |
for comfort, pleasure, and amusement
of employees shall not |
exceed the amount of profits derived from sales made to
|
employees by the commissaries, as determined by the Department.
|
Funds deposited with State institutions under the |
direction and supervision
of the Department by or for residents |
of those State institutions shall be
deposited into |
interest-bearing accounts, and money received as interest and
|
income on those funds shall be deposited into a "needy student |
fund" to be held
and administered by the institution. Money in |
the "needy student
fund" shall be expended for the special |
|
comfort, pleasure, and amusement of the
residents of the |
particular institution where the money is paid or received.
|
Any money belonging to residents separated by death, |
discharge, or
unauthorized absence from institutions described |
under this Section, in
custody of officers of the institutions, |
may, if unclaimed by the resident or
the legal representatives |
of the resident for a period of 2 years, be expended
at the |
direction of the Department for the purposes and in the manner
|
specified in this subsection (d). Articles of personal |
property, with the
exception of clothing left in the custody of |
those officers, shall, if
unclaimed for the period of 2 years, |
be sold and the money disposed of in the
same manner.
|
Clothing left at the institution by residents at the time |
of
separation may be used as determined by the institution if |
unclaimed by
the resident or legal representatives of the |
resident within 30
days after notification.
|
(e) Keep, for each institution under the jurisdiction of |
the
Department, a register of the number of officers, |
employees, and
residents present each day in the year, in a |
form that will
permit a calculation of the average number |
present each month.
|
(f) (Blank).
|
(g) (Blank).
|
(h) (Blank).
|
(i) Accept and hold in behalf of the State, if for the |
public interest, a
grant, gift, or legacy of money or property |
|
to the State of Illinois, to the
Department, or to any |
institution or program of the Department made in trust
for the |
maintenance or support of a resident of an institution of the
|
Department, or for any other legitimate purpose connected with |
any such
institution or program. The Department shall cause |
each gift, grant, or legacy
to be kept as a distinct fund, and |
shall invest the gift, grant, or legacy in
the manner provided |
by the laws of this State as those laws now exist or shall
|
hereafter be enacted relating to securities in which the |
deposits in savings
banks may be invested. The Department may, |
however, in its discretion, deposit
in a proper trust company |
or savings bank, during the continuance of the trust,
any fund |
so left in trust for the life of a person and shall adopt rules
|
and regulations governing the deposit, transfer, or withdrawal |
of the
fund. The Department shall, on the expiration of any |
trust as provided in
any instrument creating the trust, dispose |
of the fund thereby
created in the manner provided in the |
instrument. The Department shall include
in its required |
reports a statement showing what funds are so held by it
and |
the condition of the funds. Monies found on residents at
the |
time of their admission, or accruing to them during their |
period of
institutional care, and monies deposited with the |
superintendents by
relatives, guardians, or friends of |
residents for the special comfort
and pleasure of a resident, |
shall remain in the possession of the
superintendents, who |
shall act as trustees for disbursement to, in behalf
of, or for |
|
the benefit of the resident. All types of retirement and
|
pension benefits from private and public sources may be paid |
directly to
the superintendent of the institution where the |
person is a resident,
for deposit to the resident's trust fund |
account.
|
(j) Appoint, subject to the Personnel Code, persons to be
|
members of a police and security force. Members of the police |
and
security force shall be peace officers and as such have all |
powers
possessed by policemen in cities and sheriffs, including |
the power to
make arrests on view or warrants of violations of |
State statutes or city
or county ordinances. These powers may, |
however, be exercised only in
counties of more than 500,000 |
population when required for the
protection of Department |
properties, interests, and personnel, or
specifically |
requested by appropriate State or local law enforcement
|
officials. Members of the police and security force may not |
serve and
execute civil processes.
|
(k) Maintain, and deposit receipts from the sale of tickets |
to
athletic, musical, and other events, fees for participation |
in school sponsored tournaments and events, and
revenue from |
student activities relating to charges for art and woodworking |
projects,
charges for automobile repairs, and other revenue |
generated from student
projects
into, locally held accounts not |
to exceed
$20,000 per account for the purposes of (i) providing |
immediate payment to
officials, judges, and athletic referees |
for their services rendered and for
other related expenses at |
|
school
sponsored contests, tournaments, or events, (ii)
|
providing payment for expenses related to student revenue |
producing
activities such as art and woodworking projects, |
automotive repair work, and
other student activities or |
projects that generate revenue and incur expenses,
and (iii)
|
providing students who are enrolled in an
independent living |
program with cash so that they may fulfill course
objectives by |
purchasing commodities and other required supplies.
|
(l) Advance moneys from its appropriations to be maintained |
in locally
held
accounts at the
schools to establish (i) a |
"Student Compensation Account" to pay students for
work |
performed under the student work program, and (ii) a "Student |
Activity Travel
Account" to pay transportation, meals, and |
lodging costs of students, coaches,
and activity sponsors while |
traveling off campus for sporting events, lessons,
and other |
activities directly associated with the representation of the |
school. Funds in the "Student Compensation Account" shall not |
exceed $20,000, and funds in the "Student Activity Travel |
Account" shall not exceed $200,000.
|
(l-5) Establish a locally held account (referred to as the |
Account) to hold, maintain and administer the |
Therkelsen/Hansen College Loan Fund (referred to as the Fund). |
All cash represented by the Fund shall be transferred from the |
State Treasury to the Account. The Department shall promulgate |
rules regarding the maintenance and use of the Fund and all |
interest earned thereon; the eligibility of potential |
|
borrowers from the Fund; and the awarding and repayment of |
loans from the Fund; and other rules as applicable regarding |
the Fund. The administration of the Fund and the promulgation |
of rules regarding the Fund shall be consistent with the will |
of Petrea Therkelsen, which establishes the Fund.
|
(m) Promulgate rules of conduct applicable to the residents |
of
institutions for persons with one or more disabilities. The |
rules
shall include specific standards to be used by the |
Department to
determine (i) whether financial restitution |
shall be required in the event
of losses or damages resulting |
from a resident's action and (ii)
the ability of the resident |
and the resident's parents to pay
restitution.
|
(Source: P.A. 97-625, eff. 11-28-11.)
|
Section 210. The Disabilities Services Act of 2003 is |
amended by changing the title of the Act and Section 52 as |
follows:
|
(20 ILCS 2407/Act title)
|
An Act concerning persons with disabilities disabled |
persons .
|
(20 ILCS 2407/52) |
Sec. 52. Applicability; definitions. In accordance with |
Section 6071 of the Deficit Reduction Act of 2005 (P.L. |
109-171), as used in this Article: |
|
"Departments". The term "Departments" means for the |
purposes of this Act, the Department of Human Services, the |
Department on Aging, Department of Healthcare and Family |
Services and Department of Public Health, unless otherwise |
noted. |
"Home and community-based long-term care services". The |
term "home and community-based long-term care services" means, |
with respect to the State Medicaid program, a service aid, or |
benefit, home and community-based services, including but not |
limited to home health and personal care services, that are |
provided to a person with a disability, and are voluntarily |
accepted, as part of his or her long-term care that: (i) is |
provided under the State's qualified home and community-based |
program or that could be provided under such a program but is |
otherwise provided under the Medicaid program; (ii) is |
delivered in a qualified residence; and (iii) is necessary for |
the person with a disability to live in the community. |
"ID/DD community care facility". The term "ID/DD community |
care facility", for the purposes of this Article, means a |
skilled nursing or intermediate long-term care facility |
subject to licensure by the Department of Public Health under |
the ID/DD Community Care Act, an intermediate care facility for |
persons with developmental disabilities the developmentally |
disabled (ICF-DDs), and a State-operated developmental center |
or mental health center, whether publicly or privately owned. |
"Money Follows the Person" Demonstration. Enacted by the |
|
Deficit Reduction Act of 2005, the Money Follows the Person |
(MFP) Rebalancing Demonstration is part of a comprehensive, |
coordinated strategy to assist states, in collaboration with |
stakeholders, to make widespread changes to their long-term |
care support systems. This initiative will assist states in |
their efforts to reduce their reliance on institutional care |
while developing community-based long-term care opportunities, |
enabling the elderly and people with disabilities to fully |
participate in their communities. |
"Public funds" mean any funds appropriated by the General |
Assembly to the Departments of Human Services, on Aging, of |
Healthcare and Family Services and of Public Health for |
settings and services as defined in this Article. |
"Qualified residence". The term "qualified residence" |
means, with respect to an eligible individual: (i) a home owned |
or leased by the individual or the individual's authorized |
representative (as defined by P.L. 109-171); (ii) an apartment |
with an individual lease, with lockable access and egress, and |
which includes living, sleeping, bathing, and cooking areas |
over which the individual or the individual's family has domain |
and control; or (iii) a residence, in a community-based |
residential setting, in which no more than 4 unrelated |
individuals reside. Where qualified residences are not |
sufficient to meet the demand of eligible individuals, |
time-limited exceptions to this definition may be developed |
through administrative rule. |
|
"Self-directed services". The term "self-directed |
services" means, with respect to home and community-based |
long-term services for an eligible individual, those services |
for the individual that are planned and purchased under the |
direction and control of the individual or the individual's |
authorized representative, including the amount, duration, |
scope, provider, and location of such services, under the State |
Medicaid program consistent with the following requirements: |
(a) Assessment: there is an assessment of the needs, |
capabilities, and preference of the individual with |
respect to such services. |
(b) Individual service care or treatment plan: based on |
the assessment, there is development jointly with such |
individual or individual's authorized representative, a |
plan for such services for the individual that (i) |
specifies those services, if any, that the individual or |
the individual's authorized representative would be |
responsible for directing; (ii) identifies the methods by |
which the individual or the individual's authorized |
representative or an agency designated by an individual or |
representative will select, manage, and dismiss providers |
of such services.
|
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
|
Section 215. The Bureau for the Blind Act is amended by |
changing Section 7 as follows:
|
|
(20 ILCS 2410/7) (from Ch. 23, par. 3417)
|
Sec. 7. Council. There shall be created within the |
Department a
Blind Services Planning Council which shall review |
the actions of the Bureau
for the Blind and provide advice and |
consultation to the Secretary on
services to blind people. The |
Council shall be composed of 11 members
appointed by the |
Governor. All members shall be selected because of their
|
ability to provide worthwhile consultation or services to the |
blind. No fewer
than 6 members shall be blind. A relative |
balance between the number
of males and females shall be |
maintained. Broad representation shall be
sought by |
appointment, with 2 members from each of the major statewide
|
consumer organizations of the blind and one member from a |
specific service
area including, but not limited to, the Hadley |
School for the Blind,
Chicago Lighthouse, Department-approved |
Low Vision Aides Clinics, Vending
Facilities Operators, the |
Association for the Education and Rehabilitation
of the Blind |
and Visually Impaired (AER), blind homemakers, outstanding
|
competitive employers of blind people, providers and |
recipients of income
maintenance programs, in-home care |
programs, subsidized housing, nursing
homes and homes for the |
blind.
|
Initially, 4 members shall be appointed for terms of one |
year, 4 for
terms of 2 years and 3 for terms of 3 years with a |
partial term of 18
months or more counting as a full term. |
|
Subsequent terms shall be 3 years
each. No member shall serve |
more than 2 terms. No Department employee
shall be a member of |
the Council.
|
Members shall be removed for cause including, but not |
limited to,
demonstrated incompetence, unethical behavior and |
unwillingness or inability to serve.
|
Members shall serve without pay but shall be reimbursed for |
actual
expenses incurred in the performance of their duties.
|
Members shall be governed by appropriate and applicable |
State and federal
statutes and regulations on matters such as |
ethics, confidentiality,
freedom of information, travel and |
civil rights.
|
Department staff may attend meetings but shall not be a |
voting member of
the Council. The Council shall elect a |
chairperson and a recording
secretary from among its number. |
Sub-committees and ad hoc committees may
be created to |
concentrate on specific program components or initiative |
areas.
|
The Council shall perform the following functions:
|
(a) facilitate communication and cooperative efforts |
between the
Department and all agencies which have any |
responsibility to deliver
services to blind and visually |
impaired persons.
|
(b) identify needs and problems related to blind and |
visually impaired
persons, including children, adults, and |
seniors, and make recommendations to
the Secretary, Bureau |
|
Director and Governor.
|
(c) recommend programmatic and fiscal priorities governing |
the provision
of services and awarding of grants or contracts |
by the Department to any
person or agency, public or private.
|
(d) conduct, encourage and advise independent research by |
qualified
evaluators to improve services to blind and visually |
impaired persons,
including those with multiple disabilities |
handicaps .
|
(e) participate in the development and review of proposed |
and amended
rules and regulations of the Department relating to |
services for the blind
and visually impaired.
|
(f) review and comment on all budgets (drafted and |
submitted) relating
to services for blind and visually impaired |
persons.
|
(g) promote policies and programs to educate the public and |
elicit public
support for services to blind and visually |
impaired persons.
|
(h) encourage creative and innovative programs to |
strengthen, expand and
improve services for blind and visually |
impaired persons, including outreach
services.
|
(i) perform such other duties as may be required by the |
Governor,
Secretary, and Bureau Director.
|
The Council shall supersede and replace all advisory |
committees now
functioning within the Bureau of Rehabilitation |
Services for the Blind,
with the exception of federally |
mandated advisory groups.
|
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
Section 220. The Blind Vendors Act is amended by changing |
Section 25 as follows:
|
(20 ILCS 2421/25)
|
Sec. 25. Set-aside funds; Blind Vendors Trust Fund. |
(a) The Department may provide, by rule, for set-asides |
similar to those provided in Section 107d-3 of the |
Randolph-Sheppard Act. If any funds are set aside, or caused to |
be set aside, from the net proceeds of the operation of vending |
facilities by blind vendors, the funds shall be set aside only |
to the extent necessary in a percentage amount not to exceed |
that determined jointly by the Director and the Committee and |
published in State rule, and that these funds may be used only |
for the following purposes: (1) maintenance and replacement of |
equipment; (2) purchase of new equipment; (3) construction of |
new vending facilities; (4) funding the functions of the |
Committee, including legal and other professional services; |
and (5) retirement or pension funds, health insurance, paid |
sick leave, and vacation time for blind licensees, so long as |
these benefits are approved by a majority vote of all Illinois |
licensed blind vendors that occurs after the Department |
provides these vendors with information on all matters relevant |
to these purposes. |
(b) No set-aside funds shall be collected from a blind |
|
vendor when the monthly net proceeds of that vendor are less |
than $1,000. This amount may be adjusted annually by the |
Director and the Committee to reflect changes in the cost of |
living. |
(c) The Department shall establish, with full |
participation by the Committee, the Blind Vendors Trust Fund as |
a separate account managed by the Department for the State's |
blind vendors. |
(d) Set-aside funds collected from the operation of all |
vending facilities administered by the Business Enterprise |
Program for the Blind shall be placed in the Blind Vendors |
Trust Fund, which shall include set-aside funds from facilities |
on federal property. The Fund must provide separately |
identified sub-accounts for moneys from (i) federal and (ii) |
State and other facilities, as well as vending machine income |
generated pursuant to Section 30 of this Act. These funds shall |
be available until expended and shall not revert to the General |
Revenue Fund or to any other State account.
|
(e) It is the intent of the General Assembly that the |
expenditure of set-aside funds authorized by this Section shall |
be supplemental to any current appropriation or other moneys |
made available for these purposes and shall not constitute an |
offset of any previously existing appropriation or other |
funding source. In no way shall this imply that the |
appropriation for the Blind Vendors Program may never be |
decreased, rather that the new funds shall not be used as an |
|
offset. |
(f) An amount equal to 10% of the wages paid by a blind |
vendor to any employee who is blind or has another disability |
otherwise disabled shall be deducted from any set-aside charge |
paid by the vendor each month, in order to encourage vendors to |
employ blind workers and workers with disabilities and disabled |
workers and to set an example for industry and government. No |
deduction shall be made for any employee paid less than the |
State or federal minimum wage.
|
(Source: P.A. 96-644, eff. 1-1-10.)
|
Section 225. The Department of Transportation Law of the
|
Civil Administrative Code of Illinois is amended by changing |
Sections 2705-305, 2705-310, and 2705-321 as follows:
|
(20 ILCS 2705/2705-305)
|
Sec. 2705-305. Grants for mass transportation.
|
(a) For the purpose of mass
transportation grants and |
contracts, the following definitions apply:
|
"Carrier" means any corporation, authority, partnership,
|
association, person, or district authorized to provide mass
|
transportation within the State.
|
"District" means all of the following:
|
(i) Any district created pursuant to the Local Mass |
Transit
District Act.
|
(ii) The Authority created pursuant to the |
|
Metropolitan Transit
Authority Act.
|
(iii) Any authority, commission, or other entity that |
by
virtue of an
interstate compact approved by Congress is |
authorized to provide mass
transportation.
|
(iv) The Authority created pursuant to the Regional
|
Transportation Authority Act.
|
"Facilities" comprise all real and personal property used |
in or appurtenant
to a mass transportation system, including |
parking lots.
|
"Mass transportation" means transportation provided within |
the State of
Illinois by rail, bus, or other conveyance and |
available to the general public
on a regular and continuing |
basis, including the transportation of persons with |
disabilities handicapped
or elderly persons as provided more |
specifically in Section 2705-310.
|
"Unit of local government" means any city, village, |
incorporated town, or
county.
|
(b) Grants may be made to units of local government,
|
districts, and carriers for
the acquisition, construction, |
extension, reconstruction, and improvement
of mass |
transportation facilities. Grants shall be made upon the
terms
|
and conditions that in the judgment of the Secretary are |
necessary
to
ensure their proper and effective utilization.
|
(c) The Department shall make grants under this Law
in a |
manner
designed, so far as is consistent with the maintenance |
and development
of a sound mass transportation system within |
|
the State, to: (i)
maximize
federal funds for the assistance of |
mass transportation in Illinois
under the Federal Transit Act |
and other
federal Acts; (ii) facilitate the movement of persons |
who because
of age,
economic circumstance, or physical |
infirmity are unable to drive; (iii)
contribute to an improved |
environment through the reduction of air,
water, and noise |
pollution; and (iv) reduce traffic congestion.
|
(d) The Secretary shall establish procedures for making
|
application
for mass transportation grants. The procedures |
shall provide for
public
notice of all applications and give |
reasonable opportunity for the
submission of comments and |
objections by interested parties. The
procedures shall be |
designed with a view to facilitating simultaneous
application |
for a grant to the Department and to the federal government.
|
(e) Grants may be made for mass transportation projects as
|
follows:
|
(1) In an amount not to exceed 100% of the nonfederal |
share of
projects
for which a federal grant is made.
|
(2) In an amount not to exceed 100% of the net project |
cost
for projects
for which a federal grant is not made.
|
(3) In an amount not to exceed five-sixths of the net |
project
cost for
projects essential for the maintenance of |
a sound transportation system and
eligible for federal |
assistance for which a federal grant application has
been |
made but a federal grant has been delayed. If and when a |
federal
grant is made, the amount in excess of the |
|
nonfederal share shall be
promptly returned to the |
Department.
|
In no event shall the Department make a grant that, |
together
with any
federal funds or funds from any other source, |
is in excess of 100% of the
net project cost.
|
(f) Regardless of whether any funds are available under a
|
federal grant,
the Department shall not make a mass |
transportation grant unless the Secretary
finds that the |
recipient has entered into an agreement with the Department
in |
which the recipient agrees not to engage in school bus |
operations
exclusively for the transportation of students and |
school personnel in
competition with private school bus |
operators where those private
school bus
operators are able to |
provide adequate transportation, at reasonable rates,
in |
conformance with applicable safety standards, provided that |
this
requirement shall not apply to a recipient that operates a |
school
system
in the area to be served and operates a separate |
and exclusive school bus
program for the school system.
|
(g) Grants may be made for mass transportation purposes |
with
funds
appropriated from the Build Illinois Bond Fund |
consistent with the
specific purposes for which those funds are |
appropriated by the
General
Assembly. Grants under this |
subsection (g) are not subject to any
limitations or conditions |
imposed upon grants by any other provision of
this Section, |
except that the Secretary may impose the terms and
conditions |
that in his or her judgment are necessary to ensure
the proper |
|
and
effective utilization of the grants under this subsection.
|
(h) The Department may let contracts for mass |
transportation
purposes
and facilities for the purpose of |
reducing urban congestion funded in whole
or in part with bonds |
described in subdivision (b)(1) of
Section 4 of the
General |
Obligation Bond Act, not to exceed $75,000,000 in bonds.
|
(i) The Department may make grants to carriers, districts, |
and
units of local government for the purpose of reimbursing
|
them for providing reduced
fares for mass transportation |
services for students, persons with disabilities, handicapped |
persons
and the elderly. Grants shall be made upon the terms |
and
conditions that in
the judgment of the Secretary are |
necessary to ensure their proper and
effective utilization.
|
(j) The Department may make grants to carriers, districts, |
and units of local government for costs of providing ADA |
paratransit service.
|
(Source: P.A. 94-91, eff. 7-1-05.)
|
(20 ILCS 2705/2705-310)
|
Sec. 2705-310.
Grants for transportation for persons with |
disabilities handicapped
persons .
|
(a) For the purposes of this Section, the following
|
definitions
apply:
|
"Carrier" means a district or a not for profit corporation |
providing
mass transportation for persons with disabilities |
handicapped persons on a regular and continuing basis.
|
|
" Person with a disability Handicapped person " means any |
individual who, by reason of
illness, injury, age, congenital |
malfunction, or other permanent or
temporary incapacity or |
disability, is unable without special mass
transportation |
facilities
or special planning or design to utilize ordinary |
mass transportation
facilities and services as effectively as |
persons who are not so affected.
|
"Unit of local government", "district", and "facilities" |
have the meanings
ascribed to them in Section 2705-305.
|
(b) The Department may make grants from the Transportation |
Fund
and the
General Revenue Fund (i) to units of local |
government,
districts, and carriers for vehicles, equipment, |
and the
acquisition, construction, extension, reconstruction, |
and improvement of
mass transportation facilities for persons |
with disabilities handicapped persons and (ii) during
State
|
fiscal years 1986 and 1987, to the Regional Transportation |
Authority for
operating assistance for mass transportation for |
mobility limited
handicapped persons, including paratransit |
services for the mobility
limited. The grants shall be made |
upon the terms and
conditions that in the
judgment of the |
Secretary are necessary to ensure their proper and
effective |
utilization. The procedures, limitations, and safeguards |
provided
in Section 2705-305 to govern grants for mass
|
transportation shall
apply to grants made under this Section.
|
For the efficient administration of grants, the |
Department, on behalf of
grant recipients under
this Section |
|
and on
behalf of recipients receiving funds under Sections 5309 |
and
5311 of the
Federal Transit Act and State funds, may |
administer and consolidate
procurements and
may enter into |
contracts with manufacturers of vehicles and equipment.
|
(c) The Department may make operating assistance grants |
from the
Transportation Fund to those carriers that, during |
federal fiscal year
1986, directly received operating |
assistance pursuant to Section 5307
or
Section 5311 of the |
Federal Transit Act, or under contracts
with a unit of local |
government or mass transit
district that received
operating |
expenses under Section 5307 or Section 5311 of
the Federal |
Transit Act, to provide public paratransit services to the |
general
mobility limited population. The Secretary shall take |
into consideration
the reduction in federal operating expense |
grants to carriers when
considering the grant applications. The |
procedures,
limitations, and
safeguards provided in Section |
2705-305 to govern
grants for mass
transportation shall apply |
to grants made under this Section.
|
(Source: P.A. 90-774, eff. 8-14-98;
91-239, eff. 1-1-00.)
|
(20 ILCS 2705/2705-321)
|
Sec. 2705-321. Illinois Transit Ridership and Economic |
Development (TRED)
Pilot Project Program; new facilities and |
service.
|
(a) Subject to appropriation, the Department of |
Transportation shall establish the Illinois Transit
Ridership |
|
and Economic Development (TRED) Pilot Project Program to build
|
transit systems that more effectively address the needs of |
Illinois workers,
families, and businesses. The Illinois TRED |
Pilot Project Program shall provide
for new or expanded mass |
transportation service and facilities, including rapid
|
transit,
rail, bus, and other equipment used in connection with |
mass transit, by the
State, a public
entity, or 2 or more of |
these entities authorized to provide and promote public
|
transportation in order to increase the level of service |
available in local
communities, as well as improve the quality |
of life and economic viability of
the State of Illinois.
|
The Illinois TRED Pilot Project Program expenditures for |
mass transportation
service and facilities within the State |
must:
|
(1) Improve the economic viability of Illinois by |
facilitating the
transportation of Illinois residents to |
places of employment, to educational
facilities, and to |
commercial, medical, and shopping districts.
|
(2) Increase the frequency and reliability of public |
transit service.
|
(3) Facilitate the movement of all persons, including |
those persons who,
because of age, economic circumstance, |
or physical infirmity, are unable to
drive.
|
(4) Contribute to an improved environment through the |
reduction of air,
water, and noise pollution.
|
(b) Under the Illinois TRED Pilot Project Program, subject |
|
to appropriation, the Department shall fund
each fiscal year, |
in coordination and consultation with other government
|
agencies that provide or fund transportation
services, the |
Illinois Public Transportation Association, and transit
|
advocates,
projects as specified in subsection (c). Total |
funding for each project shall
not
exceed $500,000 and the |
funding for all projects shall not exceed $4,500,000.
The
|
Department shall submit annual reports to the General Assembly |
by March 1 of
each
fiscal year regarding the status of these |
projects, including service to
constituents
including local |
businesses, seniors, and people with disabilities, costs, and
|
other
appropriate measures of impact.
|
(c) Subject to appropriation, the Department shall make |
grants to any of the following in order to create:
|
(1) Two demonstration projects for the Chicago Transit |
Authority to increase services to currently underserved |
communities and neighborhoods, such as, but not limited to, |
Altgeld Gardens, Pilsen, and Lawndale.
|
(2) (Blank.)
|
(3) The Intertownship Transportation Program for |
Northwest
Suburban Cook County, which shall complement |
existing Pace service and involve
cooperation of several |
townships to provide transportation services for senior
|
residents and residents with disabilities and disabled
|
residents across village and township boundaries that is |
currently not provided
by Pace
and by individual townships |
|
and municipalities.
|
(4) RIDES transit services to Richland and
Lawrence |
Counties to extend transit services into Richland and |
Lawrence
Counties and enhance service in Wayne, Edwards, |
and Wabash Counties that
share common travel patterns and |
needs with Lawrence and Richland
counties. Funding shall be |
used to develop a route structure that
shall coordinate |
social service and general public requirements and
obtain |
vehicles to support the additional service.
|
(5) Peoria Regional Transportation Initiative, which
|
shall fund the development of a plan to create a regional
|
transportation service in the Peoria-Pekin MSA that |
integrates and
expands the existing services and that would |
allow local leaders to
develop a funding plan and a |
timetable to secure final political
approval. The plan is |
intended to facilitate regional economic development and
|
provide greater mobility to workers, senior citizens, and |
people with
disabilities.
|
(6) Rock Island MetroLINK/Black Hawk College |
Coordination Project, which shall increase mobility for |
lower income students to access educational services and |
job training on the metropolitan bus system, which will |
better link community college students with transportation |
alternatives. |
(7) The West Central Transit District to serve Scott |
and Morgan Counties. Funding shall be used to develop a |
|
route structure that shall coordinate social service and |
general public requirements and obtain vehicles to support |
the service.
|
(8) Additional community college coordination |
projects, which shall increase mobility for lower income |
students to access educational services and job training on |
any Champaign-Urbana MTD and Danville Mass Transit bus |
routes, which will better link community college students |
with transportation alternatives.
|
(Source: P.A. 93-1004, eff. 8-24-04.)
|
Section 230. The Department of Veterans Affairs Act is |
amended by changing Sections 2.01 and 5 as follows:
|
(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
|
Sec. 2.01. Veterans Home admissions.
|
(a) Any honorably discharged veteran
is entitled to |
admission to an Illinois
Veterans Home if the applicant meets |
the requirements of this Section.
|
(b)
The veteran must: |
(1) have served in the armed forces of the United |
States at least
1 day in World War II, the Korean
Conflict, |
the Viet Nam Campaign, or the Persian Gulf Conflict
between |
the dates recognized by the U.S. Department of Veterans |
Affairs or
between any other present or future dates |
recognized by the U.S. Department of
Veterans Affairs as a |
|
war period, or have served in a hostile fire
environment |
and has been awarded a campaign or expeditionary medal
|
signifying his or her service,
for purposes of eligibility |
for domiciliary or
nursing home care; |
(2) have served and been honorably discharged or |
retired from the armed forces of the United States for a |
service connected disability or injury, for purposes of |
eligibility for domiciliary or
nursing home care; |
(3) have served as an enlisted person at least 90 days |
on active duty in the armed forces of the United States, |
excluding service on active duty for training purposes |
only, and entered active duty before September 8, 1980, for |
purposes of eligibility for domiciliary or
nursing home |
care; |
(4) have served as an officer at least 90 days on |
active duty in the armed forces of the United States, |
excluding service on active duty for training purposes |
only, and entered active duty before October 17, 1981, for |
purposes of eligibility for domiciliary or
nursing home |
care; |
(5) have served on active duty in the armed forces of |
the United States for 24 months of continuous service or |
more, excluding active duty for training purposes only, and |
enlisted after September 7, 1980, for purposes of |
eligibility for domiciliary or
nursing home care; |
(6) have served as a reservist in the armed forces of |
|
the United States or the National Guard and the service |
included being called to federal active duty, excluding |
service on active duty for training purposes only, and who |
completed the term,
for purposes of eligibility for |
domiciliary or nursing home care;
|
(7) have been discharged for reasons of hardship or |
released from active duty due to a reduction in the United |
States armed forces prior to the completion of the required |
period of service, regardless of the actual time served, |
for purposes of eligibility for domiciliary or nursing home |
care; or
|
(8) have served in the National Guard or Reserve Forces |
of the
United States and completed 20 years of satisfactory |
service, be
otherwise eligible to receive reserve or active |
duty retirement
benefits, and have been an Illinois |
resident for at least one year
before applying for |
admission for purposes of eligibility
for domiciliary care |
only.
|
(c) The veteran must have service accredited to the State |
of Illinois or
have been a resident of this State for one year |
immediately
preceding the date of application.
|
(d) For admission to the Illinois Veterans Homes at Anna |
and
Quincy, the veteran must have developed a disability be |
disabled by disease, wounds, or otherwise and because
of the |
disability be incapable of earning a living.
|
(e) For admission to the Illinois Veterans Homes at LaSalle |
|
and Manteno,
the veteran must have developed a disability be |
disabled by disease, wounds, or otherwise and, for purposes of |
eligibility
for nursing home care, require nursing care because |
of the disability. |
(f) An individual who served during a time of conflict as |
set forth in subsection (a)(1) of this Section has preference |
over all other qualifying candidates, for purposes of |
eligibility for domiciliary or
nursing home care at any |
Illinois Veterans Home.
|
(Source: P.A. 97-297, eff. 1-1-12.)
|
(20 ILCS 2805/5) (from Ch. 126 1/2, par. 70)
|
Sec. 5.
(a) Every veteran with a disability who is a |
resident of Illinois and disabled
shall be exempt from all |
camping and admission fees in parks under the control
of the |
Department of Natural Resources. For the purpose
of this |
subsection (a), a resident disabled veteran with a disability |
is one who has a permanent disability is permanently
disabled |
from service connected causes with 100% disability or one who |
has
permanently lost the use of a leg or both legs or an arm or |
both arms or any
combination thereof or any person who has a |
disability so severe is so severely disabled as to be unable
to |
move without the aid of crutches or a wheelchair. The |
Department shall
issue free use permits to those eligible |
veterans. To establish eligibility,
the veteran shall present |
an award letter or some other identifying disability
document, |
|
together with proper identification, to any office of the
|
Department. Subject to the approval of the Department of |
Natural Resources,
the Department of Veterans' Affairs shall |
establish the form
or permit identifier to be issued.
|
(b) Every veteran who is a resident of Illinois and a |
former prisoner
of war shall be exempt from all camping and |
admission fees in parks under
the control of the Department of |
Natural Resources. For
the purposes of this subsection (b), a |
former prisoner of war is a veteran who
was taken and held |
prisoner by a hostile foreign force while participating in
an |
armed conflict as a member of the United States armed forces. |
Any
identification card or other form of identification issued |
by the Veterans'
Administration or other governmental agency |
which indicates the card-holder's
former prisoner of war status |
shall be sufficient to accord such card-holder
the fee-exempt |
admission or camping privileges under this subsection.
|
(Source: P.A. 89-445, eff. 2-7-96.)
|
Section 235. The Illinois Housing Development Act is |
amended by changing Section 13 as follows:
|
(20 ILCS 3805/13) (from Ch. 67 1/2, par. 313)
|
Sec. 13.
The Authority shall require that occupancy of all |
housing financed or
otherwise assisted under this Act be open |
to all persons regardless of
race, national origin, religion, |
creed, sex, age or physical or mental disability handicap
and |
|
that contractors and
subcontractors engaged in the |
construction or rehabilitation of such
housing or any housing |
related commercial facility, shall provide equal
opportunity |
for employment without
discrimination as to race, national |
origin, religion, creed,
sex, age or physical or mental |
disability handicap .
|
(Source: P.A. 83-1251.)
|
Section 240. The Illinois Power Agency Act is amended by |
changing Section 1-127 as follows:
|
(20 ILCS 3855/1-127)
|
Sec. 1-127. Minority owned businesses, female owned |
businesses, and businesses owned by persons with disabilities |
Minority, female, and disabled persons businesses ; reports. |
(a) The Director of the Illinois Power Agency, or his or |
her designee, when offering bids for professional services, |
shall conduct outreach to minority owned businesses, female |
owned businesses, and businesses owned by persons with |
disabilities. Outreach shall include, but is not limited to, |
advertisements in periodicals and newspapers, mailings, and |
other appropriate media. |
(b) The Director or his or her designee shall, upon |
request, provide technical assistance to minority owned |
businesses, female owned businesses, and businesses owned by |
persons with disabilities seeking to do business with the |
|
Agency. |
(c) The Director or his or her designee, upon request, |
shall conduct post-bid reviews with minority owned businesses, |
female owned businesses, and businesses owned by persons with |
disabilities whose bids were not selected by the Agency. |
Post-bid reviews shall provide a business with detailed and |
specific reasons why the bid of that business was rejected and |
concrete recommendations to improve its bid application on |
future Agency professional services opportunities. |
(d) The Agency shall report annually to the Governor and |
the General Assembly by July 1. The report shall identify the |
businesses that have provided bids to offer professional |
services to the Agency and shall also include, but not be |
limited to, the following information: |
(1) whether or not the businesses are minority owned |
businesses, female owned businesses, or businesses owned |
by persons with disabilities; |
(2) the percentage of professional service contracts |
that were awarded to minority owned businesses, female |
owned businesses, and businesses owned by persons with |
disabilities as compared to other businesses; and |
(3) the actions the Agency has undertaken to increase |
the use of the minority owned businesses, female owned |
businesses, and businesses owned by persons with |
disabilities in professional service contracts. |
(e) In this Section, "professional services" means |
|
services that use skills that are predominantly mental or |
intellectual, rather than physical or manual, including, but |
not limited to, accounting, architecture, consulting, |
engineering, finance, legal, and marketing. "Professional |
services" does not include bidders into the competitive |
procurement process pursuant to Section 16-111.5 of the Public |
Utilities Act.
|
(Source: P.A. 95-481, eff. 8-28-07.)
|
Section 245. The Guardianship and Advocacy Act is amended |
by changing the title of the Act and Section 2 as follows:
|
(20 ILCS 3955/Act title)
|
An Act to create the Guardianship and Advocacy Commission, |
to safeguard
the rights and to provide legal counsel and |
representation for eligible
persons and to create the Office of |
State Guardian for persons with disabilities disabled persons .
|
(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
|
Sec. 2. As used in this Act, unless the context requires |
otherwise:
|
(a) "Authority" means a Human Rights Authority.
|
(b) "Commission" means the Guardianship and Advocacy |
Commission.
|
(c) "Director" means the Director of the Guardianship and
|
Advocacy Commission.
|
|
(d) "Guardian" means a court appointed guardian or |
conservator.
|
(e) "Services" includes but is not limited to examination, |
diagnosis,
evaluation, treatment, care, training, |
psychotherapy, pharmaceuticals,
after-care, habilitation, and |
rehabilitation provided for an eligible
person.
|
(f) "Person" means an individual, corporation, |
partnership, association,
unincorporated organization, or a |
government or any subdivision, agency,
or instrumentality |
thereof.
|
(g) "Eligible persons" means individuals who have |
received, are receiving,
have requested, or may be in need of |
mental health services, or are "persons
with a developmental |
disability" as defined in the federal Developmental
|
Disabilities Services and Facilities Construction Act (Public |
Law 94-103,
Title II), as now or hereafter amended, or "persons |
with disabilities disabled " as defined in
the Rehabilitation of |
Persons with Disabilities Disabled Persons Rehabilitation Act.
|
(h) "Rights" includes but is not limited to all rights, |
benefits, and
privileges guaranteed by law, the Constitution of |
the State of Illinois,
and the Constitution of the United |
States.
|
(i) "Legal Advocacy Service attorney" means an attorney
|
employed by or under contract with the Legal Advocacy Service.
|
(j) "Service provider" means any public or private |
facility, center,
hospital, clinic, program, or any other |
|
person devoted in whole or in part
to providing services to |
eligible persons.
|
(k) "State Guardian" means the Office of State Guardian.
|
(l) "Ward" means a ward as defined by the Probate Act of
|
1975, as now or hereafter amended, who is at
least 18 years of |
age.
|
(Source: P.A. 88-380; 89-626, eff. 8-9-96.)
|
Section 250. The State Finance Act is amended by changing |
Sections 5.779, 6z-71, 6z-83, 6z-95, and 8.8 as follows:
|
(30 ILCS 105/5.779) |
Sec. 5.779. The Property Tax Relief for Veterans with |
Disabilities Disabled Veterans Property Tax Relief Fund.
|
(Source: P.A. 96-1424, eff. 8-3-10.)
|
(30 ILCS 105/6z-71) |
Sec. 6z-71. Human Services Priority Capital Program Fund. |
The Human Services Priority Capital Program Fund is created as |
a special fund in the State treasury. Subject to appropriation, |
the Department of Human Services shall use moneys in the Human |
Services Priority Capital Program Fund to make grants to the |
Illinois Facilities Fund, a not-for-profit corporation, to |
make long term below market rate loans to nonprofit human |
service providers working under contract to the State of |
Illinois to assist those providers in meeting their capital |
|
needs. The loans shall be for the purpose of such capital |
needs, including but not limited to special use facilities, |
requirements for serving persons with disabilities, the the |
disabled, mentally ill, or substance abusers, and medical and |
technology equipment. Loan repayments shall be deposited into |
the Human Services Priority Capital Program Fund. Interest |
income may be used to cover expenses of the program. The |
Illinois Facilities Fund shall report to the Department of |
Human Services and the General Assembly by April 1, 2008, and |
again by April 1, 2009, as to the use and earnings of the |
program.
|
A portion of the proceeds from the sale of a mental health |
facility or developmental disabilities facility operated by |
the Department of Human Services may be deposited into the Fund |
and may be used for the purposes described in this Section. |
(Source: P.A. 98-815, eff. 8-1-14.)
|
(30 ILCS 105/6z-83) |
Sec. 6z-83. The Property Tax Relief for Veterans with |
Disabilities Disabled Veterans Property Tax Relief Fund; |
creation. The Property Tax Relief for Veterans with |
Disabilities Disabled Veterans Property Tax Relief Fund is |
created as a special fund in the State treasury. Subject to |
appropriation, moneys in the Fund shall be used by the |
Department of Veterans' Affairs for the purpose of providing |
property tax relief to veterans with disabilities disabled |
|
veterans . The Department of Veterans' Affairs may adopt rules |
to implement this Section.
|
(Source: P.A. 96-1424, eff. 8-3-10.)
|
(30 ILCS 105/6z-95) |
Sec. 6z-95. The Housing for Families Fund; creation. The |
Housing for Families Fund is created as a special fund in the |
State treasury. Moneys in the Fund shall be used by the |
Department of Human Services to make grants to public or |
private not-for-profit entities for the purpose of building new |
housing for low income, working poor, disabled, low credit, and |
no credit families and families with disabilities . For the |
purposes of this Section, "low income", "working poor", |
" families with disabilities disabled ", "low credit", and "no |
credit families" shall be defined by the Department of Human |
Services by rule.
|
(Source: P.A. 97-1117, eff. 8-27-12.)
|
(30 ILCS 105/8.8) (from Ch. 127, par. 144.8) |
Sec. 8.8. Appropriations for the improvement, development, |
addition or
expansion of services for the care, treatment, and |
training of persons who
have intellectual disabilities are |
intellectually disabled or subject to involuntary admission |
under the Mental
Health and Developmental Disabilities Code or |
for the financing of any
program designed to provide such |
improvement, development, addition or
expansion of services or |
|
for expenses associated with providing services to other units |
of government under Section 5-107.2 of the Mental Health and |
Developmental Disabilities Code, or other ordinary and |
contingent expenses
of the Department of Human Services |
relating to mental health and
developmental disabilities, are |
payable from the Mental Health Fund.
However, no expenditures |
shall be made for the purchase, construction,
lease, or rental |
of buildings for use as State-operated mental health or
|
developmental disability facilities. |
(Source: P.A. 96-959, eff. 7-1-10; 97-227, eff. 1-1-12; 97-665, |
eff. 6-1-12 .)
|
Section 255. The State Officers and Employees Money |
Disposition Act is amended by changing Section 1 as follows:
|
(30 ILCS 230/1) (from Ch. 127, par. 170)
|
Sec. 1. Application of Act; exemptions. The officers of the |
Executive
Department of the State Government, the Clerk of the |
Supreme Court, the Clerks
of the Appellate Courts, the |
Departments of the State government created by the
Civil |
Administrative Code of Illinois, and all other officers, |
boards,
commissions, commissioners, departments, institutions, |
arms or agencies, or
agents of the Executive Department of the |
State government except the
University of Illinois, Southern |
Illinois University,
Chicago State University, Eastern |
Illinois University, Governors State
University, Illinois |
|
State University, Northeastern Illinois University,
Northern |
Illinois University, Western Illinois University, the |
Cooperative
Computer Center, and the Board of Trustees of the |
Illinois Bank
Examiners' Education Foundation for moneys |
collected pursuant to subsection
(11) of Section 48 of the |
Illinois Banking Act for purposes of the Illinois
Bank |
Examiners' Education Program are subject to this Act. This Act |
shall not
apply, however, to any of the following: (i) the |
receipt by any such officer of
federal funds made available |
under such conditions as precluded the payment
thereof into the |
State Treasury, (ii) (blank), (iii) the Director of
Insurance |
in his capacity as rehabilitator or liquidator under Article |
XIII of
the Illinois Insurance Code, (iv) funds received by the |
Illinois State
Scholarship Commission from private firms |
employed by the State to collect
delinquent amounts due and |
owing from a borrower on any loans guaranteed by
such |
Commission under the Higher Education Student Assistance Law or |
on any
"eligible loans" as that term is defined under the |
Education Loan Purchase
Program Law, or (v) moneys collected on |
behalf of lessees of facilities of the
Department of |
Agriculture located on the Illinois State Fairgrounds at
|
Springfield and DuQuoin. This Section 1 shall not apply to the |
receipt of funds
required to be deposited in the Industrial |
Project Fund pursuant to Section 12
of the Rehabilitation of |
Persons with Disabilities Disabled Persons Rehabilitation Act.
|
(Source: P.A. 92-850, eff.
8-26-02.)
|
|
Section 260. The General Obligation Bond Act is amended by |
changing Section 3 as follows:
|
(30 ILCS 330/3) (from Ch. 127, par. 653)
|
Sec. 3. Capital Facilities. The amount of $9,753,963,443 is |
authorized
to be used for the acquisition, development, |
construction, reconstruction,
improvement, financing, |
architectural planning and installation of capital
facilities |
within the State, consisting of buildings, structures, durable
|
equipment, land, interests in land, and the costs associated |
with the purchase and implementation of information |
technology, including but not limited to the purchase of |
hardware and software, for the following specific purposes:
|
(a) $3,393,228,000 for educational purposes by
State |
universities and
colleges, the Illinois Community College |
Board created by the Public
Community College Act and for |
grants to public community colleges as
authorized by |
Sections 5-11 and 5-12 of the Public Community College Act;
|
(b) $1,648,420,000 for correctional purposes at
State
|
prison and correctional centers;
|
(c) $599,183,000 for open spaces, recreational and
|
conservation purposes and the protection of land;
|
(d) $751,317,000 for child care facilities, mental
and |
public health facilities, and facilities for the care of |
veterans with disabilities disabled
veterans and their |
|
spouses;
|
(e) $2,152,790,000 for use by the State, its
|
departments, authorities, public corporations, commissions |
and agencies;
|
(f) $818,100 for cargo handling facilities at port |
districts and for
breakwaters, including harbor entrances, |
at port districts in conjunction
with facilities for small |
boats and pleasure crafts;
|
(g) $297,177,074 for water resource management
|
projects;
|
(h) $16,940,269 for the provision of facilities for |
food production
research and related instructional and |
public service activities at the
State universities and |
public community colleges;
|
(i) $36,000,000 for grants by the Secretary of State, |
as
State
Librarian, for central library facilities |
authorized by Section 8
of the Illinois Library System Act |
and for grants by the Capital
Development Board to units of |
local government for public library
facilities;
|
(j) $25,000,000 for the acquisition, development, |
construction,
reconstruction, improvement, financing, |
architectural planning and
installation of capital |
facilities consisting of buildings, structures,
durable |
equipment and land for grants to counties, municipalities |
or public
building commissions with correctional |
facilities that do not comply with
the minimum standards of |
|
the Department of Corrections under Section 3-15-2
of the |
Unified Code of Corrections;
|
(k) $5,000,000 for grants in fiscal year 1988 by the |
Department of
Conservation for improvement or expansion of |
aquarium facilities located on
property owned by a park |
district;
|
(l) $599,590,000 to State agencies for grants to
local |
governments for
the acquisition, financing, architectural |
planning, development, alteration,
installation, and |
construction of capital facilities consisting of |
buildings,
structures, durable equipment, and land; and
|
(m) $228,500,000 for the Illinois Open Land Trust
|
Program
as defined by the
Illinois Open Land Trust Act.
|
The amounts authorized above for capital facilities may be |
used
for the acquisition, installation, alteration, |
construction, or
reconstruction of capital facilities and for |
the purchase of equipment
for the purpose of major capital |
improvements which will reduce energy
consumption in State |
buildings or facilities.
|
(Source: P.A. 98-94, eff. 7-17-13.)
|
Section 265. The Capital Development Bond Act of 1972 is |
amended by changing Section 3 as follows:
|
(30 ILCS 420/3) (from Ch. 127, par. 753)
|
Sec. 3.
The State of Illinois is authorized to issue, sell |
|
and provide
for the retirement of general obligation bonds of |
the State of Illinois
in the amount of $1,737,000,000 |
hereinafter called
the "Bonds", for the specific purpose of |
providing funds for the
acquisition, development, |
construction, reconstruction, improvement,
financing, |
architectural planning and installation of capital facilities
|
consisting of buildings, structures, and durable equipment
and |
for the acquisition and improvement
of real property and |
interests in real property required, or expected to
be |
required, in connection therewith and for the acquisition, |
protection
and development of natural resources,
including |
water related resources, within the State of Illinois for open
|
spaces, water resource management, recreational and |
conservation purposes,
all within the State of Illinois.
|
The Bonds shall be used in the following specific manner:
|
(a) $636,697,287 for the acquisition, development,
|
construction, reconstruction,
improvement, financing, |
architectural planning and installation of capital
facilities |
consisting of buildings, structures,
durable equipment and |
land for educational purposes by State universities
and |
colleges, the Illinois Community College Board created by "An |
Act in
relation to the
establishment, operation and maintenance |
of public community colleges",
approved July 15, 1965, as |
amended and by the School Building
Commission created by "An |
Act to provide for the acquisition, construction, rental,
and |
disposition of buildings used for school purposes", approved |
|
June 21,
1957, as amended, or its successor, all within the |
State of Illinois, and
for grants to public community colleges |
as authorized by Section 5-11 of
the Public Community College |
Act; and for the acquisition, development,
construction, |
reconstruction rehabilitation, improvement, architectural
|
planning and installation of capital facilities consisting of |
durable movable
equipment, including antennas and structures |
necessarily relating thereto,
for the Board of Governors of |
State Colleges and Universities to construct
educational |
television facilities, which educational television facilities
|
may be located upon land or structures not owned by the State |
providing
that the Board of Governors has at least a 25-year |
lease for the use of
such non-state owned land or structures, |
which lease may contain a provision
making it subject to annual |
appropriations by the General Assembly;
|
(b) $323,000,000 for the acquisition, development,
|
construction, reconstruction, improvement, financing, |
architectural planning
and installation of capital facilities |
consisting of buildings, structures,
durable equipment and |
land for correctional purposes at State prisons and
|
correctional centers, all within the State of Illinois;
|
(c) $157,020,000 for the acquisition, development,
|
construction, reconstruction, improvement, financing, |
architectural planning
and installation of capital facilities |
consisting of buildings, structures,
durable equipment, and |
land for open spaces, recreational and conservation
purposes |
|
and the protection of land, all within the State of Illinois;
|
(d) $146,580,000 for the acquisition, development,
|
construction, reconstruction, improvement, financing, |
architectural planning
and installation of capital facilities |
consisting of buildings, structures,
durable equipment and |
land for child care facilities, mental and public
health |
facilities, and facilities for the care of veterans with |
disabilities disabled veterans and
their spouses, all within |
the State of Illinois;
|
(e) $348,846,200 for the acquisition, development,
|
construction, reconstruction, improvement, financing, |
architectural planning
and installation of capital facilities |
consisting of buildings, structures,
durable equipment and |
land for use by the State, its departments, authorities,
public |
corporations, commissions and agencies;
|
(f) To reimburse the Illinois Building Authority created by |
"An Act to
create the Illinois Building Authority and to define |
its powers and duties",
as approved August 15, 1961, as |
amended, for any and all costs and expenses
incurred, and to be |
incurred, by the Illinois Building Authority in connection
with |
the acquisition, construction, development, reconstruction, |
improvement,
planning, installation and financing of capital |
facilities consisting of
buildings, structures, equipment and |
land as enumerated in subsections (a)
through (e) hereof, and |
in connection therewith to acquire from the Illinois
Building |
Authority any such capital facilities; provided, however, that
|
|
nothing in this subparagraph shall be construed to require or |
permit the
acquisition of facilities financed by the Illinois |
Building
authority through the issuance of bonds;
|
(g) $24,853,800 for the acquisition, development,
|
construction, reconstruction, improvement, financing, |
architectural planning
and installation of buildings, |
structures, durable equipment, and land for:
|
(1) Cargo handling facilities for use by port districts, |
and
|
(2) Breakwaters, including harbor entrances incident |
thereto, for use
by port districts in conjunction with |
facilities for small boats and pleasure craft;
|
(h) $39,900,000 for the acquisition, development,
|
construction, reconstruction, modification, financing, |
architectural planning
and installation of capital facilities |
consisting of buildings, structures,
durable equipment and |
land for water resource management projects, all within
the |
State of Illinois;
|
(i) $9,852,713 for the acquisition, development, |
construction,
reconstruction, improvement, financing, |
architectural planning and installation
of capital facilities |
consisting of buildings, structures, durable equipment
and |
land for educational purposes by nonprofit, nonpublic health |
service
educational institutions;
|
(j) $48,000,000 for the acquisition, development,
|
construction, reconstruction, improvement, financing, |
|
architectural planning
and installation of capital facilities |
consisting of buildings, structures,
durable equipment and |
land for the provision of facilities for food production
|
research and related instructional and public service |
activities at the
State universities and public community |
colleges, all within the State of Illinois;
|
(k) $2,250,000 for grants by the Secretary of State,
as |
State Librarian,
for the construction, acquisition, |
development, reconstruction
and improvement of central library |
facilities authorized
under Section 8 of "The Illinois Library |
System Act", as amended.
|
(Source: P.A. 86-453.)
|
Section 270. The Illinois Procurement Code is amended by |
changing Section 25-60 as follows:
|
(30 ILCS 500/25-60)
|
Sec. 25-60. Prevailing wage requirements.
|
(a) All services furnished
under service contracts of |
$2,000 or more or $200 or more per month and under
printing |
contracts shall be
subject to the following prevailing wage |
requirements:
|
(1) Not less than the general prevailing wage rate of |
hourly wages for
work of a similar character in the |
locality in which the work is produced shall
be paid by the |
successful bidder, offeror, or potential contractor to its |
|
employees who perform the work on the
State contracts. The |
bidder, offeror, potential contractor, or contractor in |
order to be considered to be a
responsible bidder, offeror, |
potential contractor, or contractor for the purposes of |
this Code, shall certify to
the purchasing agency that |
wages to be paid to its employees are no less, and
fringe |
benefits and working conditions of employees are not less |
favorable,
than those prevailing in the locality where the |
contract is to be performed.
Prevailing wages and working |
conditions shall be determined by the Director of
the |
Illinois Department of Labor.
|
(2) Whenever a collective bargaining agreement is in |
effect between an
employer, other than a governmental body, |
and service or printing employees as
defined in this |
Section who are represented by a responsible organization |
that
is in no way influenced or controlled by the |
management, that agreement and its
provisions shall be |
considered as conditions prevalent in that locality and
|
shall be the minimum requirements taken into consideration |
by the Director of
Labor.
|
(b) As used in this Section, "services" means janitorial |
cleaning services,
window cleaning services, building and |
grounds services, site technician
services, natural resources |
services, food services, and security services.
"Printing"
|
means and includes all processes and operations involved in |
printing, including
but not limited to letterpress, offset, and |
|
gravure processes, the multilith
method, photographic or other |
duplicating process, the operations of
composition, |
platemaking, presswork, and binding, and the end products of |
those
processes, methods, and operations. As used in this Code |
"printing" does not
include photocopiers used in the course of |
normal business activities,
photographic equipment used for |
geographic mapping, or printed matter that is
commonly |
available to the general public from contractor inventory.
|
(c) The terms "general prevailing rate of hourly wages", |
"general prevailing
rate of wages", or "prevailing rate of |
wages" when used in this Section mean
the hourly cash wages |
plus fringe benefits for health and welfare, insurance,
|
vacations, and pensions paid generally, in the locality in |
which the work is
being performed, to employees engaged in work |
of a similar character.
|
(d) "Locality" shall have the meaning established by rule.
|
(e) This Section does not apply to services furnished under |
contracts for
professional or artistic services.
|
(f) This Section does not apply to vocational programs of |
training for
persons with physical or mental disabilities |
physically or mentally handicapped persons or to sheltered |
workshops for persons with severe disabilities the
severely |
disabled .
|
(Source: P.A. 98-1076, eff. 1-1-15 .)
|
Section 275. The Business Enterprise for Minorities, |
|
Females, and Persons with
Disabilities Act is amended by |
changing Section 2 as follows:
|
(30 ILCS 575/2)
|
(Section scheduled to be repealed on June 30, 2016) |
Sec. 2. Definitions.
|
(A) For the purpose of this Act, the following
terms shall |
have the following definitions:
|
(1) "Minority person" shall mean a person who is a |
citizen or lawful
permanent resident of the United States |
and who is any of the following:
|
(a) American Indian or Alaska Native (a person |
having origins in any of the original peoples of North |
and South America, including Central America, and who |
maintains tribal affiliation or community attachment). |
(b) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or |
the Indian subcontinent, including, but not limited |
to, Cambodia, China, India, Japan, Korea, Malaysia, |
Pakistan, the Philippine Islands, Thailand, and |
Vietnam). |
(c) Black or African American (a person having |
origins in any of the black racial groups of Africa). |
Terms such as "Haitian" or "Negro" can be used in |
addition to "Black or African American". |
(d) Hispanic or Latino (a person of Cuban, Mexican, |
|
Puerto Rican, South or Central American, or other |
Spanish culture or origin, regardless of race). |
(e) Native Hawaiian or Other Pacific Islander (a |
person having origins in any of the original peoples of |
Hawaii, Guam, Samoa, or other Pacific Islands).
|
(2) "Female" shall mean a person who is a citizen or |
lawful permanent
resident of the United States and who is |
of the female gender.
|
(2.05) "Person with a disability" means a person who is |
a citizen or
lawful resident of the United States and is a |
person qualifying as a person with a disability being
|
disabled under subdivision (2.1) of this subsection (A).
|
(2.1) " Person with a disability Disabled " means a |
person with a severe physical or mental disability that:
|
(a) results from:
|
amputation,
|
arthritis,
|
autism,
|
blindness,
|
burn injury,
|
cancer,
|
cerebral palsy,
|
Crohn's disease, |
cystic fibrosis,
|
deafness,
|
head injury,
|
|
heart disease,
|
hemiplegia,
|
hemophilia,
|
respiratory or pulmonary dysfunction,
|
an intellectual disability,
|
mental illness,
|
multiple sclerosis,
|
muscular dystrophy,
|
musculoskeletal disorders,
|
neurological disorders, including stroke and |
epilepsy,
|
paraplegia,
|
quadriplegia and other spinal cord conditions,
|
sickle cell anemia,
|
ulcerative colitis, |
specific learning disabilities, or
|
end stage renal failure disease; and
|
(b) substantially limits one or more of the |
person's major life activities.
|
Another disability or combination of disabilities may |
also be considered
as a severe disability for the purposes |
of item (a) of this
subdivision (2.1) if it is determined |
by an evaluation of
rehabilitation potential to
cause a |
comparable degree of substantial functional limitation |
similar to
the specific list of disabilities listed in item |
(a) of this
subdivision (2.1).
|
|
(3) "Minority owned business" means a business concern |
which is at least
51% owned by one or more minority |
persons, or in the case of a
corporation, at least 51% of |
the stock in which is owned by one or
more minority |
persons; and the management and daily business operations |
of
which are controlled by one or more of the minority |
individuals who own it.
|
(4) "Female owned business" means a business concern |
which is at least
51% owned by one or more females, or, in |
the case of a corporation, at
least 51% of the stock in |
which is owned by one or more females; and the
management |
and daily business operations of which are controlled by |
one or
more of the females who own it.
|
(4.1) "Business owned by a person with a disability" |
means a business
concern
that is at least 51% owned by one |
or more persons with a disability
and the management and |
daily business operations of which
are controlled by one or |
more of the persons with disabilities who own it. A
|
not-for-profit agency for persons with disabilities that |
is exempt from
taxation under Section 501 of the Internal |
Revenue Code of 1986 is also
considered a "business owned |
by a person with a disability".
|
(4.2) "Council" means the Business Enterprise Council |
for Minorities,
Females, and Persons with Disabilities |
created under Section 5 of this Act.
|
(5) "State contracts" shall mean all State contracts, |
|
funded exclusively
with State funds which are not subject |
to federal reimbursement, whether
competitively bid or |
negotiated as defined by the Secretary of the Council
and |
approved by the Council.
|
"State construction contracts" means all State |
contracts entered
into by a State agency or State |
university for the repair, remodeling,
renovation or
|
construction of a building or structure, or for the |
construction or
maintenance of a highway defined in Article |
2 of the Illinois Highway
Code.
|
(6) "State agencies" shall mean all departments, |
officers, boards,
commissions, institutions and bodies |
politic and corporate of the State,
but does not include |
the Board of Trustees of the University of Illinois,
the |
Board of Trustees of Southern Illinois University,
the |
Board of Trustees
of Chicago State University, the Board of |
Trustees of Eastern Illinois
University, the Board of |
Trustees of Governors State University, the Board of
|
Trustees of Illinois State University, the Board of |
Trustees of Northeastern
Illinois
University, the Board of |
Trustees of Northern Illinois University, the Board of
|
Trustees of Western Illinois University,
municipalities or |
other local governmental units, or other State |
constitutional
officers.
|
(7) "State universities" shall mean the Board of |
Trustees of the
University of Illinois, the Board of |
|
Trustees of Southern Illinois
University,
the Board of |
Trustees of Chicago State University, the Board of
Trustees |
of Eastern Illinois University, the Board of Trustees of |
Governors
State University, the Board of Trustees of |
Illinois State University, the Board
of Trustees of |
Northeastern Illinois University, the Board of Trustees of
|
Northern Illinois University, and the Board of Trustees of |
Western Illinois
University.
|
(8) "Certification" means a determination made by the |
Council
or by one delegated authority from the Council to |
make certifications, or by
a State agency with statutory |
authority to make such a certification, that a
business |
entity is a business owned by a
minority, female, or person |
with a disability for whatever
purpose. A business owned |
and controlled by females shall be certified as a "female |
owned business". A business owned and controlled by females |
who are also minorities shall be certified as both a |
"female owned business" and a "minority owned business".
|
(9) "Control" means the exclusive or ultimate and sole |
control of the
business including, but not limited to, |
capital investment and all other
financial matters, |
property, acquisitions, contract negotiations, legal
|
matters, officer-director-employee selection and |
comprehensive hiring,
operating responsibilities, |
cost-control matters, income and dividend
matters, |
financial transactions and rights of other shareholders or |
|
joint
partners. Control shall be real, substantial and |
continuing, not pro forma.
Control shall include the power |
to direct or cause the direction of the
management and |
policies of the business and to make the day-to-day as well
|
as major decisions in matters of policy, management and |
operations.
Control shall be exemplified by possessing the |
requisite knowledge and
expertise to run the particular |
business and control shall not include
simple majority or |
absentee ownership.
|
(10) "Business concern or business" means a business |
that has annual gross sales of less than $75,000,000 as |
evidenced by the federal income tax return of the business. |
A firm with gross sales in excess of this cap may apply to |
the Council for certification for a particular contract if |
the firm can demonstrate that the contract would have |
significant impact on businesses owned by minorities, |
females, or persons with disabilities as suppliers or |
subcontractors or in employment of minorities, females, or |
persons with disabilities.
|
(B) When a business concern is owned at least 51% by any |
combination of
minority persons, females, or persons with |
disabilities,
even though none of the 3 classes alone holds at |
least a 51% interest, the
ownership
requirement for purposes of |
this Act is considered to be met. The
certification category |
for the business is that of the class holding the
largest |
ownership
interest in the business. If 2 or more classes have |
|
equal ownership interests,
the certification category shall be |
determined by
the business concern.
|
(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-95, eff. 7-17-13.)
|
Section 280. The State Facilities Closure Act is amended by |
changing Section 5-10 as follows:
|
(30 ILCS 608/5-10)
|
Sec. 5-10. Facility closure process. |
(a) Before a State facility may be closed, the State |
executive branch officer with jurisdiction over the facility |
shall file notice of the proposed closure with the Commission. |
The notice must be filed within 2 days after the first public |
announcement of any planned or proposed closure. Within 10 days |
after it receives notice of the proposed closure, the |
Commission, in its discretion, may require the State executive |
branch officer with jurisdiction over the facility to file a |
recommendation for the closure of the facility with the |
Commission. In the case of a proposed closure of: (i) a prison, |
youth center, work camp, or work release center operated by the |
Department of Corrections; (ii) a school, mental health center, |
or center for persons with developmental disabilities the |
developmentally disabled operated by the Department of Human |
Services; or (iii) a residential facility operated by the |
Department of Veterans' Affairs, the Commission must require |
|
the executive branch officers to file a recommendation for |
closure. The recommendation must be filed within 30 days after |
the Commission delivers the request for recommendation to the |
State executive branch officer. The recommendation must |
include, but is not limited to, the following: |
(1) the location and identity of the State facility |
proposed to be closed; |
(2) the number of employees for which the State |
facility is the primary stationary work location and the |
effect of the closure of the facility on those employees; |
(3) the location or locations to which the functions |
and employees of the State facility would be moved; |
(4) the availability and condition of land and |
facilities at both the existing location and any potential |
locations; |
(5) the ability to accommodate the functions and |
employees at the existing and at any potential locations; |
(6) the cost of operations of the State facility and at |
any potential locations and any other related budgetary |
impacts; |
(7) the economic impact on existing communities in the |
vicinity of the State facility and any potential facility; |
(8) the ability of the existing and any potential |
community's infrastructure to support the functions and |
employees; |
(9) the impact on State services delivered at the |
|
existing location, in direct relation to the State services |
expected to be delivered at any potential locations; and |
(10) the environmental impact, including the impact of |
costs related to potential environmental restoration, |
waste management, and environmental compliance activities. |
(b) If a recommendation is required by the Commission, a |
30-day public comment period must follow the filing of the |
recommendation. The Commission, in its discretion, may conduct |
one or more public hearings on the recommendation. In the case |
of a proposed closure of: (i) a prison, youth center, work |
camp, or work release center operated by the Department of |
Corrections; (ii) a school, mental health center, or center for |
persons with developmental disabilities the developmentally |
disabled operated by the Department of Human Services; or (iii) |
a residential facility operated by the Department of Veterans' |
Affairs, the Commission must conduct one or more public |
hearings on the recommendation. Public hearings conducted by |
the Commission shall be conducted no later than 35 days after |
the filing of the recommendation. At least one of the public |
hearings on the recommendation shall be held at a convenient |
location within 25 miles of the facility for which closure is |
recommended. The Commission shall provide reasonable notice of |
the comment period and of any public hearings to the public and |
to units of local government and school districts that are |
located within 25 miles of the facility. |
(c) Within 50 days after the State executive branch officer |
|
files the required recommendation, the Commission shall issue |
an advisory opinion on that recommendation. The Commission |
shall file the advisory opinion with the appropriate State |
executive branch officer, the Governor, the General Assembly, |
and the Index Department of the Office of the Secretary of |
State and shall make copies of the advisory opinion available |
to the public upon request. |
(d) No action may be taken to implement the recommendation |
for closure of a State facility until 50 days after the filing |
of any required recommendation. |
(e) The requirements of this Section do not apply if all of |
the functions and employees of a State facility are relocated |
to another State facility that is within 10 miles of the closed |
facility.
|
(Source: P.A. 93-839, eff. 7-30-04; 94-688, eff. 1-1-06.)
|
Section 285. The Downstate Public Transportation Act is |
amended by changing Sections 2-5.1, 2-15.2, and 2-15.3 as |
follows:
|
(30 ILCS 740/2-5.1) |
Sec. 2-5.1. Additional requirements. |
(a) Any unit of local government that becomes a participant |
on or after the effective date of this amendatory Act of the |
94th General Assembly shall, in addition to any other |
requirements under this Article, meet all of the following |
|
requirements when applying for grants under this Article:
|
(1) The grant application must demonstrate the |
participant's plan to provide general public |
transportation with an emphasis on persons with |
disabilities and elderly , disabled, and economically |
disadvantaged populations. |
(2) The grant application must demonstrate the |
participant's plan for interagency coordination that, at a |
minimum, allows the participation of all State-funded and |
federally-funded agencies and programs with transportation |
needs in the proposed service area in the development of |
the applicant's public transportation program. |
(3) Any participant serving a nonurbanized area that is |
not receiving Federal Section 5311 funding must meet the |
operating and safety compliance requirements as set forth |
in that federal program. |
(4) The participant is required to hold public hearings |
to allow comment on the proposed service plan in all |
municipalities with populations of 1,500 inhabitants or |
more within the proposed service area. |
(b) Service extensions by any participant after July 1, |
2005 by either annexation or intergovernmental agreement must |
meet the 4 requirements of subsection (a). |
(c) In order to receive funding, the Department shall |
certify that the participant has met the requirements of this |
Section. Funding priority shall be given to service extension, |
|
multi-county, and multi-jurisdictional projects. |
(d) The Department shall develop an annual application |
process for existing or potential participants to request an |
initial appropriation or an appropriation exceeding the |
formula amount found in subsection (b-10) of Section 2-7 for |
funding service in new areas in the next fiscal year. The |
application shall include, but not be limited to, a description |
of the new service area, proposed service in the new area, and |
a budget for providing existing and new service. The Department |
shall review the application for reasonableness and compliance |
with the requirements of this Section, and, if it approves the |
application, shall recommend to the Governor an appropriation |
for the next fiscal year in an amount sufficient to provide 65% |
of projected eligible operating expenses associated with a new |
participant's service area or the portion of an existing |
participant's service area that has been expanded by annexation |
or intergovernmental agreement. The recommended appropriation |
for the next fiscal year may exceed the formula amount found in |
subsection (b-10) of Section 2-7. |
(Source: P.A. 96-1458, eff. 1-1-11.)
|
(30 ILCS 740/2-15.2) |
Sec. 2-15.2. Free services; eligibility. |
(a) Notwithstanding any law to the contrary, no later than |
60 days following the effective date of this amendatory Act of |
the 95th General Assembly and until subsection (b) is |
|
implemented, any fixed route public transportation services |
provided by, or under grant or purchase of service contracts |
of, every participant, as defined in Section 2-2.02 (1)(a), |
shall be provided without charge to all senior citizen |
residents of the participant aged 65 and older, under such |
conditions as shall be prescribed by the participant. |
(b) Notwithstanding any law to the contrary, no later than |
180 days following the effective date of this amendatory Act of |
the 96th General Assembly, any fixed route public |
transportation services provided by, or under grant or purchase |
of service contracts of, every participant, as defined in |
Section 2-2.02 (1)(a), shall be provided without charge to |
senior citizens aged 65 and older who meet the income |
eligibility limitation set forth in subsection (a-5) of Section |
4 of the Senior Citizens and Persons with Disabilities Disabled |
Persons Property Tax Relief Act, under such conditions as shall |
be prescribed by the participant. The Department on Aging shall |
furnish all information reasonably necessary to determine |
eligibility, including updated lists of individuals who are |
eligible for services without charge under this Section. |
Nothing in this Section shall relieve the participant from |
providing reduced fares as may be required by federal law.
|
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
|
(30 ILCS 740/2-15.3)
|
Sec. 2-15.3. Transit services for individuals with |
|
disabilities disabled individuals . Notwithstanding any law to |
the contrary, no later than 60 days following the effective |
date of this amendatory Act of the 95th General Assembly, all |
fixed route public transportation services provided by, or |
under grant or purchase of service contract of, any participant |
shall be provided without charge to all persons with |
disabilities disabled persons who meet the income eligibility |
limitation set forth in subsection (a-5) of Section 4 of the |
Senior Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act, under such procedures as shall be |
prescribed by the participant. The Department on Aging shall |
furnish all information reasonably necessary to determine |
eligibility, including updated lists of individuals who are |
eligible for services without charge under this Section.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 290. The Build Illinois Act is amended by changing |
Section 9-4.3 as follows:
|
(30 ILCS 750/9-4.3) (from Ch. 127, par. 2709-4.3)
|
Sec. 9-4.3. Minority, veteran, female and disability |
loans.
|
(a) In the making of loans for minority, veteran, female or |
disability
small businesses, as defined below, the Department |
is authorized to employ
different criteria in lieu of the |
general provisions of subsections (b),
(d), (e), (f), (h), and |
|
(i) of Section 9-4.
|
Minority, veteran, female or disability small businesses, |
for the purpose of this
Section, shall be defined as small |
businesses that are, in the Department's
judgment, at least 51% |
owned and managed by one or more persons who are
minority or , |
female or who have a disability disabled or who are veterans.
|
(b) Loans made pursuant to this Section:
|
(1) Shall not exceed $100,000 or 50% of the business |
project costs
unless the Director of the Department |
determines that a waiver of these
limits is required to |
meet the purposes of this Act.
|
(2) Shall only be made if, in the Department's |
judgment, the number of
jobs to be created or retained is |
reasonable in relation to the loan funds
requested.
|
(3) Shall be protected by security. Financial |
assistance may be
secured by first, second or subordinate |
mortgage positions on real or
personal property, by royalty |
payments, by personal notes or guarantees, or
by any other |
security satisfactory to the Department to secure |
repayment.
Security valuation requirements, as determined |
by the Department, for the
purposes of this Section, may be |
less than required for similar loans not
covered by this |
Section, provided the applicants demonstrate adequate
|
business experience, entrepreneurial training or |
combination thereof, as
determined by the Department.
|
(4) Shall be in such principal amount and form and |
|
contain such terms
and provisions with respect to security, |
insurance, reporting, delinquency
charges, default |
remedies, and other matters as the Department shall
|
determine appropriate to protect the public interest
and |
consistent with the purposes of this Section. The terms and |
provisions
may be less than required for similar loans not |
covered by this Section.
|
(Source: P.A. 95-97, eff. 1-1-08; 96-1106, eff. 7-19-10.)
|
Section 295. The Illinois Income Tax Act is amended by |
changing Sections 507XX and 917 as follows:
|
(35 ILCS 5/507XX) |
Sec. 507XX. The property tax relief checkoff for veterans |
with disabilities disabled veterans property tax relief |
checkoff . For taxable years ending on or after December 31, |
2010, the Department shall print, on its standard individual |
income tax form, a provision indicating that, if the taxpayer |
wishes to contribute to the Property Tax Relief for Veterans |
with Disabilities Disabled Veterans Property Tax Relief Fund, |
as authorized by this amendatory Act of the 96th General |
Assembly, then he or she may do so by stating the amount of the |
contribution (not less than $1) on the return and indicating |
that the contribution will reduce the taxpayer's refund or |
increase the amount of payment to accompany the return. The |
taxpayer's failure to remit any amount of the increased payment |
|
reduces the contribution accordingly. This Section does not |
apply to any amended return.
|
(Source: P.A. 96-1424, eff. 8-3-10.)
|
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
|
Sec. 917. Confidentiality and information sharing.
|
(a) Confidentiality.
Except as provided in this Section, |
all information received by the Department
from returns filed |
under this Act, or from any investigation conducted under
the |
provisions of this Act, shall be confidential, except for |
official purposes
within the Department or pursuant to official |
procedures for collection
of any State tax or pursuant to an |
investigation or audit by the Illinois
State Scholarship |
Commission of a delinquent student loan or monetary award
or |
enforcement of any civil or criminal penalty or sanction
|
imposed by this Act or by another statute imposing a State tax, |
and any
person who divulges any such information in any manner, |
except for such
purposes and pursuant to order of the Director |
or in accordance with a proper
judicial order, shall be guilty |
of a Class A misdemeanor. However, the
provisions of this |
paragraph are not applicable to information furnished
to (i) |
the Department of Healthcare and Family Services (formerly
|
Department of Public Aid), State's Attorneys, and the Attorney |
General for child support enforcement purposes and (ii) a |
licensed attorney representing the taxpayer where an appeal or |
a protest
has been filed on behalf of the taxpayer. If it is |
|
necessary to file information obtained pursuant to this Act in |
a child support enforcement proceeding, the information shall |
be filed under seal.
|
(b) Public information. Nothing contained in this Act shall |
prevent
the Director from publishing or making available to the |
public the names
and addresses of persons filing returns under |
this Act, or from publishing
or making available reasonable |
statistics concerning the operation of the
tax wherein the |
contents of returns are grouped into aggregates in such a
way |
that the information contained in any individual return shall |
not be
disclosed.
|
(c) Governmental agencies. The Director may make available |
to the
Secretary of the Treasury of the United States or his |
delegate, or the
proper officer or his delegate of any other |
state imposing a tax upon or
measured by income, for |
exclusively official purposes, information received
by the |
Department in the administration of this Act, but such |
permission
shall be granted only if the United States or such |
other state, as the case
may be, grants the Department |
substantially similar privileges. The Director
may exchange |
information with the Department of Healthcare and Family |
Services and the
Department of Human Services (acting as |
successor to the Department of Public
Aid under the Department |
of Human Services Act) for
the purpose of verifying sources and |
amounts of income and for other purposes
directly connected |
with the administration of this Act, the Illinois Public Aid |
|
Code, and any other health benefit program administered by the |
State. The Director may exchange information with the Director |
of
the Department of Employment Security for the purpose of |
verifying sources
and amounts of income and for other purposes |
directly connected with the
administration of this Act and Acts |
administered by the Department of
Employment
Security.
The |
Director may make available to the Illinois Workers' |
Compensation Commission
information regarding employers for |
the purpose of verifying the insurance
coverage required under |
the Workers' Compensation Act and Workers'
Occupational |
Diseases Act. The Director may exchange information with the |
Illinois Department on Aging for the purpose of verifying |
sources and amounts of income for purposes directly related to |
confirming eligibility for participation in the programs of |
benefits authorized by the Senior Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief and |
Pharmaceutical Assistance Act.
|
The Director may make available to any State agency, |
including the
Illinois Supreme Court, which licenses persons to |
engage in any occupation,
information that a person licensed by |
such agency has failed to file
returns under this Act or pay |
the tax, penalty and interest shown therein,
or has failed to |
pay any final assessment of tax, penalty or interest due
under |
this Act.
The Director may make available to any State agency, |
including the Illinois
Supreme
Court, information regarding |
whether a bidder, contractor, or an affiliate of a
bidder or
|
|
contractor has failed to file returns under this Act or pay the |
tax, penalty,
and interest
shown therein, or has failed to pay |
any final assessment of tax, penalty, or
interest due
under |
this Act, for the limited purpose of enforcing bidder and |
contractor
certifications.
For purposes of this Section, the |
term "affiliate" means any entity that (1)
directly,
|
indirectly, or constructively controls another entity, (2) is |
directly,
indirectly, or
constructively controlled by another |
entity, or (3) is subject to the control
of
a common
entity. |
For purposes of this subsection (a), an entity controls another |
entity
if
it owns,
directly or individually, more than 10% of |
the voting securities of that
entity.
As used in
this |
subsection (a), the term "voting security" means a security |
that (1)
confers upon the
holder the right to vote for the |
election of members of the board of directors
or similar
|
governing body of the business or (2) is convertible into, or |
entitles the
holder to receive
upon its exercise, a security |
that confers such a right to vote. A general
partnership
|
interest is a voting security.
|
The Director may make available to any State agency, |
including the
Illinois
Supreme Court, units of local |
government, and school districts, information
regarding
|
whether a bidder or contractor is an affiliate of a person who |
is not
collecting
and
remitting Illinois Use taxes, for the |
limited purpose of enforcing bidder and
contractor
|
certifications.
|
|
The Director may also make available to the Secretary of |
State
information that a corporation which has been issued a |
certificate of
incorporation by the Secretary of State has |
failed to file returns under
this Act or pay the tax, penalty |
and interest shown therein, or has failed
to pay any final |
assessment of tax, penalty or interest due under this Act.
An |
assessment is final when all proceedings in court for
review of |
such assessment have terminated or the time for the taking
|
thereof has expired without such proceedings being instituted. |
For
taxable years ending on or after December 31, 1987, the |
Director may make
available to the Director or principal |
officer of any Department of the
State of Illinois, information |
that a person employed by such Department
has failed to file |
returns under this Act or pay the tax, penalty and
interest |
shown therein. For purposes of this paragraph, the word
|
"Department" shall have the same meaning as provided in Section |
3 of the
State Employees Group Insurance Act of 1971.
|
(d) The Director shall make available for public
inspection |
in the Department's principal office and for publication, at |
cost,
administrative decisions issued on or after January
1, |
1995. These decisions are to be made available in a manner so |
that the
following
taxpayer information is not disclosed:
|
(1) The names, addresses, and identification numbers |
of the taxpayer,
related entities, and employees.
|
(2) At the sole discretion of the Director, trade |
secrets
or other confidential information identified as |
|
such by the taxpayer, no later
than 30 days after receipt |
of an administrative decision, by such means as the
|
Department shall provide by rule.
|
The Director shall determine the
appropriate extent of the
|
deletions allowed in paragraph (2). In the event the taxpayer |
does not submit
deletions,
the Director shall make only the |
deletions specified in paragraph (1).
|
The Director shall make available for public inspection and |
publication an
administrative decision within 180 days after |
the issuance of the
administrative
decision. The term |
"administrative decision" has the same meaning as defined in
|
Section 3-101 of Article III of the Code of Civil Procedure. |
Costs collected
under this Section shall be paid into the Tax |
Compliance and Administration
Fund.
|
(e) Nothing contained in this Act shall prevent the |
Director from
divulging
information to any person pursuant to a |
request or authorization made by the
taxpayer, by an authorized |
representative of the taxpayer, or, in the case of
information |
related to a joint return, by the spouse filing the joint |
return
with the taxpayer.
|
(Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)
|
Section 300. The Use Tax Act is amended by changing |
Sections 3-8 and 3-10 as follows:
|
(35 ILCS 105/3-8) |
|
Sec. 3-8. Hospital exemption. |
(a) Tangible personal property sold to or used by a |
hospital owner that owns one or more hospitals licensed under |
the Hospital Licensing Act or operated under the University of |
Illinois Hospital Act, or a hospital affiliate that is not |
already exempt under another provision of this Act and meets |
the criteria for an exemption under this Section, is exempt |
from taxation under this Act. |
(b) A hospital owner or hospital affiliate satisfies the |
conditions for an exemption under this Section if the value of |
qualified services or activities listed in subsection (c) of |
this Section for the hospital year equals or exceeds the |
relevant hospital entity's estimated property tax liability, |
without regard to any property tax exemption granted under |
Section 15-86 of the Property Tax Code, for the calendar year |
in which exemption or renewal of exemption is sought. For |
purposes of making the calculations required by this subsection |
(b), if the relevant hospital entity is a hospital owner that |
owns more than one hospital, the value of the services or |
activities listed in subsection (c) shall be calculated on the |
basis of only those services and activities relating to the |
hospital that includes the subject property, and the relevant |
hospital entity's estimated property tax liability shall be |
calculated only with respect to the properties comprising that |
hospital. In the case of a multi-state hospital system or |
hospital affiliate, the value of the services or activities |
|
listed in subsection (c) shall be calculated on the basis of |
only those services and activities that occur in Illinois and |
the relevant hospital entity's estimated property tax |
liability shall be calculated only with respect to its property |
located in Illinois. |
(c) The following services and activities shall be |
considered for purposes of making the calculations required by |
subsection (b): |
(1) Charity care. Free or discounted services provided |
pursuant to the relevant hospital entity's financial |
assistance policy, measured at cost, including discounts |
provided under the Hospital Uninsured Patient Discount |
Act. |
(2) Health services to low-income and underserved |
individuals. Other unreimbursed costs of the relevant |
hospital entity for providing without charge, paying for, |
or subsidizing goods, activities, or services for the |
purpose of addressing the health of low-income or |
underserved individuals. Those activities or services may |
include, but are not limited to: financial or in-kind |
support to affiliated or unaffiliated hospitals, hospital |
affiliates, community clinics, or programs that treat |
low-income or underserved individuals; paying for or |
subsidizing health care professionals who care for |
low-income or underserved individuals; providing or |
subsidizing outreach or educational services to low-income |
|
or underserved individuals for disease management and |
prevention; free or subsidized goods, supplies, or |
services needed by low-income or underserved individuals |
because of their medical condition; and prenatal or |
childbirth outreach to low-income or underserved persons. |
(3) Subsidy of State or local governments. Direct or |
indirect financial or in-kind subsidies of State or local |
governments by the relevant hospital entity that pay for or |
subsidize activities or programs related to health care for |
low-income or underserved individuals. |
(4) Support for State health care programs for |
low-income individuals. At the election of the hospital |
applicant for each applicable year, either (A) 10% of |
payments to the relevant hospital entity and any hospital |
affiliate designated by the relevant hospital entity |
(provided that such hospital affiliate's operations |
provide financial or operational support for or receive |
financial or operational support from the relevant |
hospital entity) under Medicaid or other means-tested |
programs, including, but not limited to, General |
Assistance, the Covering ALL KIDS Health Insurance Act, and |
the State Children's Health Insurance Program or (B) the |
amount of subsidy provided by the relevant hospital entity |
and any hospital affiliate designated by the relevant |
hospital entity (provided that such hospital affiliate's |
operations provide financial or operational support for or |
|
receive financial or operational support from the relevant |
hospital entity) to State or local government in treating |
Medicaid recipients and recipients of means-tested |
programs, including but not limited to General Assistance, |
the Covering ALL KIDS Health Insurance Act, and the State |
Children's Health Insurance Program. The amount of subsidy |
for purpose of this item (4) is calculated in the same |
manner as unreimbursed costs are calculated for Medicaid |
and other means-tested government programs in the Schedule |
H of IRS Form 990 in effect on the effective date of this |
amendatory Act of the 97th General Assembly. |
(5) Dual-eligible subsidy. The amount of subsidy |
provided to government by treating dual-eligible |
Medicare/Medicaid patients. The amount of subsidy for |
purposes of this item (5) is calculated by multiplying the |
relevant hospital entity's unreimbursed costs for |
Medicare, calculated in the same manner as determined in |
the Schedule H of IRS Form 990 in effect on the effective |
date of this amendatory Act of the 97th General Assembly, |
by the relevant hospital entity's ratio of dual-eligible |
patients to total Medicare patients. |
(6) Relief of the burden of government related to |
health care. Except to the extent otherwise taken into |
account in this subsection, the portion of unreimbursed |
costs of the relevant hospital entity attributable to |
providing, paying for, or subsidizing goods, activities, |
|
or services that relieve the burden of government related |
to health care for low-income individuals. Such activities |
or services shall include, but are not limited to, |
providing emergency, trauma, burn, neonatal, psychiatric, |
rehabilitation, or other special services; providing |
medical education; and conducting medical research or |
training of health care professionals. The portion of those |
unreimbursed costs attributable to benefiting low-income |
individuals shall be determined using the ratio calculated |
by adding the relevant hospital entity's costs |
attributable to charity care, Medicaid, other means-tested |
government programs, Medicare patients with disabilities |
disabled Medicare patients under age 65, and dual-eligible |
Medicare/Medicaid patients and dividing that total by the |
relevant hospital entity's total costs. Such costs for the |
numerator and denominator shall be determined by |
multiplying gross charges by the cost to charge ratio taken |
from the hospital's most recently filed Medicare cost |
report (CMS 2252-10 Worksheet, Part I). In the case of |
emergency services, the ratio shall be calculated using |
costs (gross charges multiplied by the cost to charge ratio |
taken from the hospital's most recently filed Medicare cost |
report (CMS 2252-10 Worksheet, Part I)) of patients treated |
in the relevant hospital entity's emergency department. |
(7) Any other activity by the relevant hospital entity |
that the Department determines relieves the burden of |
|
government or addresses the health of low-income or |
underserved individuals. |
(d) The hospital applicant shall include information in its |
exemption application establishing that it satisfies the |
requirements of subsection (b). For purposes of making the |
calculations required by subsection (b), the hospital |
applicant may for each year elect to use either (1) the value |
of the services or activities listed in subsection (e) for the |
hospital year or (2) the average value of those services or |
activities for the 3 fiscal years ending with the hospital |
year. If the relevant hospital entity has been in operation for |
less than 3 completed fiscal years, then the latter |
calculation, if elected, shall be performed on a pro rata |
basis. |
(e) For purposes of making the calculations required by |
this Section: |
(1) particular services or activities eligible for |
consideration under any of the paragraphs (1) through (7) |
of subsection (c) may not be counted under more than one of |
those paragraphs; and |
(2) the amount of unreimbursed costs and the amount of |
subsidy shall not be reduced by restricted or unrestricted |
payments received by the relevant hospital entity as |
contributions deductible under Section 170(a) of the |
Internal Revenue Code. |
(f) (Blank). |
|
(g) Estimation of Exempt Property Tax Liability. The |
estimated property tax liability used for the determination in |
subsection (b) shall be calculated as follows: |
(1) "Estimated property tax liability" means the |
estimated dollar amount of property tax that would be owed, |
with respect to the exempt portion of each of the relevant |
hospital entity's properties that are already fully or |
partially exempt, or for which an exemption in whole or in |
part is currently being sought, and then aggregated as |
applicable, as if the exempt portion of those properties |
were subject to tax, calculated with respect to each such |
property by multiplying: |
(A) the lesser of (i) the actual assessed value, if |
any, of the portion of the property for which an |
exemption is sought or (ii) an estimated assessed value |
of the exempt portion of such property as determined in |
item (2) of this subsection (g), by |
(B) the applicable State equalization rate |
(yielding the equalized assessed value), by |
(C) the applicable tax rate. |
(2) The estimated assessed value of the exempt portion |
of the property equals the sum of (i) the estimated fair |
market value of buildings on the property, as determined in |
accordance with subparagraphs (A) and (B) of this item (2), |
multiplied by the applicable assessment factor, and (ii) |
the estimated assessed value of the land portion of the |
|
property, as determined in accordance with subparagraph |
(C). |
(A) The "estimated fair market value of buildings |
on the property" means the replacement value of any |
exempt portion of buildings on the property, minus |
depreciation, determined utilizing the cost |
replacement method whereby the exempt square footage |
of all such buildings is multiplied by the replacement |
cost per square foot for Class A Average building found |
in the most recent edition of the Marshall & Swift |
Valuation Services Manual, adjusted by any appropriate |
current cost and local multipliers. |
(B) Depreciation, for purposes of calculating the |
estimated fair market value of buildings on the |
property, is applied by utilizing a weighted mean life |
for the buildings based on original construction and |
assuming a 40-year life for hospital buildings and the |
applicable life for other types of buildings as |
specified in the American Hospital Association |
publication "Estimated Useful Lives of Depreciable |
Hospital Assets". In the case of hospital buildings, |
the remaining life is divided by 40 and this ratio is |
multiplied by the replacement cost of the buildings to |
obtain an estimated fair market value of buildings. If |
a hospital building is older than 35 years, a remaining |
life of 5 years for residual value is assumed; and if a |
|
building is less than 8 years old, a remaining life of |
32 years is assumed. |
(C) The estimated assessed value of the land |
portion of the property shall be determined by |
multiplying (i) the per square foot average of the |
assessed values of three parcels of land (not including |
farm land, and excluding the assessed value of the |
improvements thereon) reasonably comparable to the |
property, by (ii) the number of square feet comprising |
the exempt portion of the property's land square |
footage. |
(3) The assessment factor, State equalization rate, |
and tax rate (including any special factors such as |
Enterprise Zones) used in calculating the estimated |
property tax liability shall be for the most recent year |
that is publicly available from the applicable chief county |
assessment officer or officers at least 90 days before the |
end of the hospital year. |
(4) The method utilized to calculate estimated |
property tax liability for purposes of this Section 15-86 |
shall not be utilized for the actual valuation, assessment, |
or taxation of property pursuant to the Property Tax Code. |
(h) For the purpose of this Section, the following terms |
shall have the meanings set forth below: |
(1) "Hospital" means any institution, place, building, |
buildings on a campus, or other health care facility |
|
located in Illinois that is licensed under the Hospital |
Licensing Act and has a hospital owner. |
(2) "Hospital owner" means a not-for-profit |
corporation that is the titleholder of a hospital, or the |
owner of the beneficial interest in an Illinois land trust |
that is the titleholder of a hospital. |
(3) "Hospital affiliate" means any corporation, |
partnership, limited partnership, joint venture, limited |
liability company, association or other organization, |
other than a hospital owner, that directly or indirectly |
controls, is controlled by, or is under common control with |
one or more hospital owners and that supports, is supported |
by, or acts in furtherance of the exempt health care |
purposes of at least one of those hospital owners' |
hospitals. |
(4) "Hospital system" means a hospital and one or more |
other hospitals or hospital affiliates related by common |
control or ownership. |
(5) "Control" relating to hospital owners, hospital |
affiliates, or hospital systems means possession, direct |
or indirect, of the power to direct or cause the direction |
of the management and policies of the entity, whether |
through ownership of assets, membership interest, other |
voting or governance rights, by contract or otherwise. |
(6) "Hospital applicant" means a hospital owner or |
hospital affiliate that files an application for an |
|
exemption or renewal of exemption under this Section. |
(7) "Relevant hospital entity" means (A) the hospital |
owner, in the case of a hospital applicant that is a |
hospital owner, and (B) at the election of a hospital |
applicant that is a hospital affiliate, either (i) the |
hospital affiliate or (ii) the hospital system to which the |
hospital applicant belongs, including any hospitals or |
hospital affiliates that are related by common control or |
ownership. |
(8) "Subject property" means property used for the |
calculation under subsection (b) of this Section. |
(9) "Hospital year" means the fiscal year of the |
relevant hospital entity, or the fiscal year of one of the |
hospital owners in the hospital system if the relevant |
hospital entity is a hospital system with members with |
different fiscal years, that ends in the year for which the |
exemption is sought.
|
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
|
(35 ILCS 105/3-10)
|
Sec. 3-10. Rate of tax. Unless otherwise provided in this |
Section, the tax
imposed by this Act is at the rate of 6.25% of |
either the selling price or the
fair market value, if any, of |
the tangible personal property. In all cases
where property |
functionally used or consumed is the same as the property that
|
was purchased at retail, then the tax is imposed on the selling |
|
price of the
property. In all cases where property functionally |
used or consumed is a
by-product or waste product that has been |
refined, manufactured, or produced
from property purchased at |
retail, then the tax is imposed on the lower of the
fair market |
value, if any, of the specific property so used in this State |
or on
the selling price of the property purchased at retail. |
For purposes of this
Section "fair market value" means the |
price at which property would change
hands between a willing |
buyer and a willing seller, neither being under any
compulsion |
to buy or sell and both having reasonable knowledge of the
|
relevant facts. The fair market value shall be established by |
Illinois sales by
the taxpayer of the same property as that |
functionally used or consumed, or if
there are no such sales by |
the taxpayer, then comparable sales or purchases of
property of |
like kind and character in Illinois.
|
Beginning on July 1, 2000 and through December 31, 2000, |
with respect to
motor fuel, as defined in Section 1.1 of the |
Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
Beginning on August 6, 2010 through August 15, 2010, with |
respect to sales tax holiday items as defined in Section 3-6 of |
this Act, the
tax is imposed at the rate of 1.25%. |
With respect to gasohol, the tax imposed by this Act |
applies to (i) 70%
of the proceeds of sales made on or after |
January 1, 1990, and before
July 1, 2003, (ii) 80% of the |
proceeds of sales made
on or after July 1, 2003 and on or |
|
before December 31, 2018, and (iii) 100% of the proceeds of |
sales made
thereafter.
If, at any time, however, the tax under |
this Act on sales of gasohol is
imposed at the
rate of 1.25%, |
then the tax imposed by this Act applies to 100% of the |
proceeds
of sales of gasohol made during that time.
|
With respect to majority blended ethanol fuel, the tax |
imposed by this Act
does
not apply
to the proceeds of sales |
made on or after July 1, 2003 and on or before
December
31, |
2018 but applies to 100% of the proceeds of sales made |
thereafter.
|
With respect to biodiesel blends with no less than 1% and |
no more than 10%
biodiesel, the tax imposed by this Act applies |
to (i) 80% of the
proceeds of sales made on or after July 1, |
2003 and on or before December 31, 2018
and (ii) 100% of the |
proceeds of sales made
thereafter.
If, at any time, however, |
the tax under this Act on sales of biodiesel blends
with no |
less than 1% and no more than 10% biodiesel
is imposed at the |
rate of
1.25%, then the
tax imposed by this Act applies to 100% |
of the proceeds of sales of biodiesel
blends with no less than |
1% and no more than 10% biodiesel
made
during that time.
|
With respect to 100% biodiesel and biodiesel blends with |
more than 10%
but no more than 99% biodiesel, the tax imposed |
by this Act does not apply to
the
proceeds of sales made on or |
after July 1, 2003 and on or before
December 31, 2018 but |
applies to 100% of the proceeds of sales made
thereafter.
|
With respect to food for human consumption that is to be |
|
consumed off the
premises where it is sold (other than |
alcoholic beverages, soft drinks, and
food that has been |
prepared for immediate consumption) and prescription and
|
nonprescription medicines, drugs, medical appliances, |
modifications to a motor
vehicle for the purpose of rendering |
it usable by a person with a disability disabled person , and
|
insulin, urine testing materials, syringes, and needles used by |
diabetics, for
human use, the tax is imposed at the rate of 1%. |
For the purposes of this
Section, until September 1, 2009: the |
term "soft drinks" means any complete, finished, ready-to-use,
|
non-alcoholic drink, whether carbonated or not, including but |
not limited to
soda water, cola, fruit juice, vegetable juice, |
carbonated water, and all other
preparations commonly known as |
soft drinks of whatever kind or description that
are contained |
in any closed or sealed bottle, can, carton, or container,
|
regardless of size; but "soft drinks" does not include coffee, |
tea, non-carbonated
water, infant formula, milk or milk |
products as defined in the Grade A
Pasteurized Milk and Milk |
Products Act, or drinks containing 50% or more
natural fruit or |
vegetable juice.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "soft drinks" means non-alcoholic |
beverages that contain natural or artificial sweeteners. "Soft |
drinks" do not include beverages that contain milk or milk |
products, soy, rice or similar milk substitutes, or greater |
than 50% of vegetable or fruit juice by volume. |
|
Until August 1, 2009, and notwithstanding any other |
provisions of this
Act, "food for human consumption that is to |
be consumed off the premises where
it is sold" includes all |
food sold through a vending machine, except soft
drinks and |
food products that are dispensed hot from a vending machine,
|
regardless of the location of the vending machine. Beginning |
August 1, 2009, and notwithstanding any other provisions of |
this Act, "food for human consumption that is to be consumed |
off the premises where it is sold" includes all food sold |
through a vending machine, except soft drinks, candy, and food |
products that are dispensed hot from a vending machine, |
regardless of the location of the vending machine.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "food for human consumption that |
is to be consumed off the premises where
it is sold" does not |
include candy. For purposes of this Section, "candy" means a |
preparation of sugar, honey, or other natural or artificial |
sweeteners in combination with chocolate, fruits, nuts or other |
ingredients or flavorings in the form of bars, drops, or |
pieces. "Candy" does not include any preparation that contains |
flour or requires refrigeration. |
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "nonprescription medicines and |
drugs" does not include grooming and hygiene products. For |
purposes of this Section, "grooming and hygiene products" |
includes, but is not limited to, soaps and cleaning solutions, |
|
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
lotions and screens, unless those products are available by |
prescription only, regardless of whether the products meet the |
definition of "over-the-counter-drugs". For the purposes of |
this paragraph, "over-the-counter-drug" means a drug for human |
use that contains a label that identifies the product as a drug |
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
label includes: |
(A) A "Drug Facts" panel; or |
(B) A statement of the "active ingredient(s)" with a |
list of those ingredients contained in the compound, |
substance or preparation. |
Beginning on the effective date of this amendatory Act of |
the 98th General Assembly, "prescription and nonprescription |
medicines and drugs" includes medical cannabis purchased from a |
registered dispensing organization under the Compassionate Use |
of Medical Cannabis Pilot Program Act. |
If the property that is purchased at retail from a retailer |
is acquired
outside Illinois and used outside Illinois before |
being brought to Illinois
for use here and is taxable under |
this Act, the "selling price" on which
the tax is computed |
shall be reduced by an amount that represents a
reasonable |
allowance for depreciation for the period of prior out-of-state |
use.
|
(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)
|
|
Section 305. The Service Use Tax Act is amended by changing |
Sections 3-8 and 3-10 as follows:
|
(35 ILCS 110/3-8) |
Sec. 3-8. Hospital exemption. |
(a) Tangible personal property sold to or used by a |
hospital owner that owns one or more hospitals licensed under |
the Hospital Licensing Act or operated under the University of |
Illinois Hospital Act, or a hospital affiliate that is not |
already exempt under another provision of this Act and meets |
the criteria for an exemption under this Section, is exempt |
from taxation under this Act. |
(b) A hospital owner or hospital affiliate satisfies the |
conditions for an exemption under this Section if the value of |
qualified services or activities listed in subsection (c) of |
this Section for the hospital year equals or exceeds the |
relevant hospital entity's estimated property tax liability, |
without regard to any property tax exemption granted under |
Section 15-86 of the Property Tax Code, for the calendar year |
in which exemption or renewal of exemption is sought. For |
purposes of making the calculations required by this subsection |
(b), if the relevant hospital entity is a hospital owner that |
owns more than one hospital, the value of the services or |
activities listed in subsection (c) shall be calculated on the |
basis of only those services and activities relating to the |
hospital that includes the subject property, and the relevant |
|
hospital entity's estimated property tax liability shall be |
calculated only with respect to the properties comprising that |
hospital. In the case of a multi-state hospital system or |
hospital affiliate, the value of the services or activities |
listed in subsection (c) shall be calculated on the basis of |
only those services and activities that occur in Illinois and |
the relevant hospital entity's estimated property tax |
liability shall be calculated only with respect to its property |
located in Illinois. |
(c) The following services and activities shall be |
considered for purposes of making the calculations required by |
subsection (b): |
(1) Charity care. Free or discounted services provided |
pursuant to the relevant hospital entity's financial |
assistance policy, measured at cost, including discounts |
provided under the Hospital Uninsured Patient Discount |
Act. |
(2) Health services to low-income and underserved |
individuals. Other unreimbursed costs of the relevant |
hospital entity for providing without charge, paying for, |
or subsidizing goods, activities, or services for the |
purpose of addressing the health of low-income or |
underserved individuals. Those activities or services may |
include, but are not limited to: financial or in-kind |
support to affiliated or unaffiliated hospitals, hospital |
affiliates, community clinics, or programs that treat |
|
low-income or underserved individuals; paying for or |
subsidizing health care professionals who care for |
low-income or underserved individuals; providing or |
subsidizing outreach or educational services to low-income |
or underserved individuals for disease management and |
prevention; free or subsidized goods, supplies, or |
services needed by low-income or underserved individuals |
because of their medical condition; and prenatal or |
childbirth outreach to low-income or underserved persons. |
(3) Subsidy of State or local governments. Direct or |
indirect financial or in-kind subsidies of State or local |
governments by the relevant hospital entity that pay for or |
subsidize activities or programs related to health care for |
low-income or underserved individuals. |
(4) Support for State health care programs for |
low-income individuals. At the election of the hospital |
applicant for each applicable year, either (A) 10% of |
payments to the relevant hospital entity and any hospital |
affiliate designated by the relevant hospital entity |
(provided that such hospital affiliate's operations |
provide financial or operational support for or receive |
financial or operational support from the relevant |
hospital entity) under Medicaid or other means-tested |
programs, including, but not limited to, General |
Assistance, the Covering ALL KIDS Health Insurance Act, and |
the State Children's Health Insurance Program or (B) the |
|
amount of subsidy provided by the relevant hospital entity |
and any hospital affiliate designated by the relevant |
hospital entity (provided that such hospital affiliate's |
operations provide financial or operational support for or |
receive financial or operational support from the relevant |
hospital entity) to State or local government in treating |
Medicaid recipients and recipients of means-tested |
programs, including but not limited to General Assistance, |
the Covering ALL KIDS Health Insurance Act, and the State |
Children's Health Insurance Program. The amount of subsidy |
for purposes of this item (4) is calculated in the same |
manner as unreimbursed costs are calculated for Medicaid |
and other means-tested government programs in the Schedule |
H of IRS Form 990 in effect on the effective date of this |
amendatory Act of the 97th General Assembly. |
(5) Dual-eligible subsidy. The amount of subsidy |
provided to government by treating dual-eligible |
Medicare/Medicaid patients. The amount of subsidy for |
purposes of this item (5) is calculated by multiplying the |
relevant hospital entity's unreimbursed costs for |
Medicare, calculated in the same manner as determined in |
the Schedule H of IRS Form 990 in effect on the effective |
date of this amendatory Act of the 97th General Assembly, |
by the relevant hospital entity's ratio of dual-eligible |
patients to total Medicare patients. |
(6) Relief of the burden of government related to |
|
health care. Except to the extent otherwise taken into |
account in this subsection, the portion of unreimbursed |
costs of the relevant hospital entity attributable to |
providing, paying for, or subsidizing goods, activities, |
or services that relieve the burden of government related |
to health care for low-income individuals. Such activities |
or services shall include, but are not limited to, |
providing emergency, trauma, burn, neonatal, psychiatric, |
rehabilitation, or other special services; providing |
medical education; and conducting medical research or |
training of health care professionals. The portion of those |
unreimbursed costs attributable to benefiting low-income |
individuals shall be determined using the ratio calculated |
by adding the relevant hospital entity's costs |
attributable to charity care, Medicaid, other means-tested |
government programs, Medicare patients with disabilities |
disabled Medicare patients under age 65, and dual-eligible |
Medicare/Medicaid patients and dividing that total by the |
relevant hospital entity's total costs. Such costs for the |
numerator and denominator shall be determined by |
multiplying gross charges by the cost to charge ratio taken |
from the hospital's most recently filed Medicare cost |
report (CMS 2252-10 Worksheet, Part I). In the case of |
emergency services, the ratio shall be calculated using |
costs (gross charges multiplied by the cost to charge ratio |
taken from the hospital's most recently filed Medicare cost |
|
report (CMS 2252-10 Worksheet, Part I)) of patients treated |
in the relevant hospital entity's emergency department. |
(7) Any other activity by the relevant hospital entity |
that the Department determines relieves the burden of |
government or addresses the health of low-income or |
underserved individuals. |
(d) The hospital applicant shall include information in its |
exemption application establishing that it satisfies the |
requirements of subsection (b). For purposes of making the |
calculations required by subsection (b), the hospital |
applicant may for each year elect to use either (1) the value |
of the services or activities listed in subsection (e) for the |
hospital year or (2) the average value of those services or |
activities for the 3 fiscal years ending with the hospital |
year. If the relevant hospital entity has been in operation for |
less than 3 completed fiscal years, then the latter |
calculation, if elected, shall be performed on a pro rata |
basis. |
(e) For purposes of making the calculations required by |
this Section: |
(1) particular services or activities eligible for |
consideration under any of the paragraphs (1) through (7) |
of subsection (c) may not be counted under more than one of |
those paragraphs; and |
(2) the amount of unreimbursed costs and the amount of |
subsidy shall not be reduced by restricted or unrestricted |
|
payments received by the relevant hospital entity as |
contributions deductible under Section 170(a) of the |
Internal Revenue Code. |
(f) (Blank). |
(g) Estimation of Exempt Property Tax Liability. The |
estimated property tax liability used for the determination in |
subsection (b) shall be calculated as follows: |
(1) "Estimated property tax liability" means the |
estimated dollar amount of property tax that would be owed, |
with respect to the exempt portion of each of the relevant |
hospital entity's properties that are already fully or |
partially exempt, or for which an exemption in whole or in |
part is currently being sought, and then aggregated as |
applicable, as if the exempt portion of those properties |
were subject to tax, calculated with respect to each such |
property by multiplying: |
(A) the lesser of (i) the actual assessed value, if |
any, of the portion of the property for which an |
exemption is sought or (ii) an estimated assessed value |
of the exempt portion of such property as determined in |
item (2) of this subsection (g), by |
(B) the applicable State equalization rate |
(yielding the equalized assessed value), by |
(C) the applicable tax rate. |
(2) The estimated assessed value of the exempt portion |
of the property equals the sum of (i) the estimated fair |
|
market value of buildings on the property, as determined in |
accordance with subparagraphs (A) and (B) of this item (2), |
multiplied by the applicable assessment factor, and (ii) |
the estimated assessed value of the land portion of the |
property, as determined in accordance with subparagraph |
(C). |
(A) The "estimated fair market value of buildings |
on the property" means the replacement value of any |
exempt portion of buildings on the property, minus |
depreciation, determined utilizing the cost |
replacement method whereby the exempt square footage |
of all such buildings is multiplied by the replacement |
cost per square foot for Class A Average building found |
in the most recent edition of the Marshall & Swift |
Valuation Services Manual, adjusted by any appropriate |
current cost and local multipliers. |
(B) Depreciation, for purposes of calculating the |
estimated fair market value of buildings on the |
property, is applied by utilizing a weighted mean life |
for the buildings based on original construction and |
assuming a 40-year life for hospital buildings and the |
applicable life for other types of buildings as |
specified in the American Hospital Association |
publication "Estimated Useful Lives of Depreciable |
Hospital Assets". In the case of hospital buildings, |
the remaining life is divided by 40 and this ratio is |
|
multiplied by the replacement cost of the buildings to |
obtain an estimated fair market value of buildings. If |
a hospital building is older than 35 years, a remaining |
life of 5 years for residual value is assumed; and if a |
building is less than 8 years old, a remaining life of |
32 years is assumed. |
(C) The estimated assessed value of the land |
portion of the property shall be determined by |
multiplying (i) the per square foot average of the |
assessed values of three parcels of land (not including |
farm land, and excluding the assessed value of the |
improvements thereon) reasonably comparable to the |
property, by (ii) the number of square feet comprising |
the exempt portion of the property's land square |
footage. |
(3) The assessment factor, State equalization rate, |
and tax rate (including any special factors such as |
Enterprise Zones) used in calculating the estimated |
property tax liability shall be for the most recent year |
that is publicly available from the applicable chief county |
assessment officer or officers at least 90 days before the |
end of the hospital year. |
(4) The method utilized to calculate estimated |
property tax liability for purposes of this Section 15-86 |
shall not be utilized for the actual valuation, assessment, |
or taxation of property pursuant to the Property Tax Code. |
|
(h) For the purpose of this Section, the following terms |
shall have the meanings set forth below: |
(1) "Hospital" means any institution, place, building, |
buildings on a campus, or other health care facility |
located in Illinois that is licensed under the Hospital |
Licensing Act and has a hospital owner. |
(2) "Hospital owner" means a not-for-profit |
corporation that is the titleholder of a hospital, or the |
owner of the beneficial interest in an Illinois land trust |
that is the titleholder of a hospital. |
(3) "Hospital affiliate" means any corporation, |
partnership, limited partnership, joint venture, limited |
liability company, association or other organization, |
other than a hospital owner, that directly or indirectly |
controls, is controlled by, or is under common control with |
one or more hospital owners and that supports, is supported |
by, or acts in furtherance of the exempt health care |
purposes of at least one of those hospital owners' |
hospitals. |
(4) "Hospital system" means a hospital and one or more |
other hospitals or hospital affiliates related by common |
control or ownership. |
(5) "Control" relating to hospital owners, hospital |
affiliates, or hospital systems means possession, direct |
or indirect, of the power to direct or cause the direction |
of the management and policies of the entity, whether |
|
through ownership of assets, membership interest, other |
voting or governance rights, by contract or otherwise. |
(6) "Hospital applicant" means a hospital owner or |
hospital affiliate that files an application for an |
exemption or renewal of exemption under this Section. |
(7) "Relevant hospital entity" means (A) the hospital |
owner, in the case of a hospital applicant that is a |
hospital owner, and (B) at the election of a hospital |
applicant that is a hospital affiliate, either (i) the |
hospital affiliate or (ii) the hospital system to which the |
hospital applicant belongs, including any hospitals or |
hospital affiliates that are related by common control or |
ownership. |
(8) "Subject property" means property used for the |
calculation under subsection (b) of this Section. |
(9) "Hospital year" means the fiscal year of the |
relevant hospital entity, or the fiscal year of one of the |
hospital owners in the hospital system if the relevant |
hospital entity is a hospital system with members with |
different fiscal years, that ends in the year for which the |
exemption is sought.
|
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
|
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
|
Sec. 3-10. Rate of tax. Unless otherwise provided in this |
Section,
the tax imposed by this Act is at the rate of 6.25% of |
|
the selling
price of tangible personal property transferred as |
an incident to the sale
of service, but, for the purpose of |
computing this tax, in no event shall
the selling price be less |
than the cost price of the property to the
serviceman.
|
Beginning on July 1, 2000 and through December 31, 2000, |
with respect to
motor fuel, as defined in Section 1.1 of the |
Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
With respect to gasohol, as defined in the Use Tax Act, the |
tax imposed
by this Act applies to (i) 70% of the selling price |
of property transferred
as an incident to the sale of service |
on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
of the selling price of
property transferred as an incident to |
the sale of service on or after July
1, 2003 and on or before |
December 31, 2018, and (iii)
100% of the selling price |
thereafter.
If, at any time, however, the tax under this Act on |
sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
the rate of 1.25%, then the
tax imposed by this Act applies to |
100% of the proceeds of sales of gasohol
made during that time.
|
With respect to majority blended ethanol fuel, as defined |
in the Use Tax Act,
the
tax
imposed by this Act does not apply |
to the selling price of property transferred
as an incident to |
the sale of service on or after July 1, 2003 and on or before
|
December 31, 2018 but applies to 100% of the selling price |
thereafter.
|
With respect to biodiesel blends, as defined in the Use Tax |
|
Act, with no less
than 1% and no
more than 10% biodiesel, the |
tax imposed by this Act
applies to (i) 80% of the selling price |
of property transferred as an incident
to the sale of service |
on or after July 1, 2003 and on or before December 31, 2018
and |
(ii) 100% of the proceeds of the selling price
thereafter.
If, |
at any time, however, the tax under this Act on sales of |
biodiesel blends,
as
defined in the Use Tax Act, with no less |
than 1% and no more than 10% biodiesel
is imposed at the rate |
of 1.25%, then the
tax imposed by this Act applies to 100% of |
the proceeds of sales of biodiesel
blends with no less than 1% |
and no more than 10% biodiesel
made
during that time.
|
With respect to 100% biodiesel, as defined in the Use Tax |
Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
more than 10% but no more than 99% biodiesel, the tax imposed |
by this Act
does not apply to the proceeds of the selling price |
of property transferred
as an incident to the sale of service |
on or after July 1, 2003 and on or before
December 31, 2018 but |
applies to 100% of the selling price thereafter.
|
At the election of any registered serviceman made for each |
fiscal year,
sales of service in which the aggregate annual |
cost price of tangible
personal property transferred as an |
incident to the sales of service is
less than 35%, or 75% in |
the case of servicemen transferring prescription
drugs or |
servicemen engaged in graphic arts production, of the aggregate
|
annual total gross receipts from all sales of service, the tax |
imposed by
this Act shall be based on the serviceman's cost |
|
price of the tangible
personal property transferred as an |
incident to the sale of those services.
|
The tax shall be imposed at the rate of 1% on food prepared |
for
immediate consumption and transferred incident to a sale of |
service subject
to this Act or the Service Occupation Tax Act |
by an entity licensed under
the Hospital Licensing Act, the |
Nursing Home Care Act, the ID/DD Community Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or the
|
Child Care
Act of 1969. The tax shall
also be imposed at the |
rate of 1% on food for human consumption that is to be
consumed |
off the premises where it is sold (other than alcoholic |
beverages,
soft drinks, and food that has been prepared for |
immediate consumption and is
not otherwise included in this |
paragraph) and prescription and nonprescription
medicines, |
drugs, medical appliances, modifications to a motor vehicle for |
the
purpose of rendering it usable by a person with a |
disability disabled person , and insulin, urine testing
|
materials,
syringes, and needles used by diabetics, for
human |
use. For the purposes of this Section, until September 1, 2009: |
the term "soft drinks" means any
complete, finished, |
ready-to-use, non-alcoholic drink, whether carbonated or
not, |
including but not limited to soda water, cola, fruit juice, |
vegetable
juice, carbonated water, and all other preparations |
commonly known as soft
drinks of whatever kind or description |
that are contained in any closed or
sealed bottle, can, carton, |
or container, regardless of size; but "soft drinks"
does not |
|
include coffee, tea, non-carbonated water, infant formula, |
milk or
milk products as defined in the Grade A Pasteurized |
Milk and Milk Products Act,
or drinks containing 50% or more |
natural fruit or vegetable juice.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "soft drinks" means non-alcoholic |
beverages that contain natural or artificial sweeteners. "Soft |
drinks" do not include beverages that contain milk or milk |
products, soy, rice or similar milk substitutes, or greater |
than 50% of vegetable or fruit juice by volume. |
Until August 1, 2009, and notwithstanding any other |
provisions of this Act, "food for human
consumption that is to |
be consumed off the premises where it is sold" includes
all |
food sold through a vending machine, except soft drinks and |
food products
that are dispensed hot from a vending machine, |
regardless of the location of
the vending machine. Beginning |
August 1, 2009, and notwithstanding any other provisions of |
this Act, "food for human consumption that is to be consumed |
off the premises where it is sold" includes all food sold |
through a vending machine, except soft drinks, candy, and food |
products that are dispensed hot from a vending machine, |
regardless of the location of the vending machine.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "food for human consumption that |
is to be consumed off the premises where
it is sold" does not |
include candy. For purposes of this Section, "candy" means a |
|
preparation of sugar, honey, or other natural or artificial |
sweeteners in combination with chocolate, fruits, nuts or other |
ingredients or flavorings in the form of bars, drops, or |
pieces. "Candy" does not include any preparation that contains |
flour or requires refrigeration. |
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "nonprescription medicines and |
drugs" does not include grooming and hygiene products. For |
purposes of this Section, "grooming and hygiene products" |
includes, but is not limited to, soaps and cleaning solutions, |
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
lotions and screens, unless those products are available by |
prescription only, regardless of whether the products meet the |
definition of "over-the-counter-drugs". For the purposes of |
this paragraph, "over-the-counter-drug" means a drug for human |
use that contains a label that identifies the product as a drug |
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
label includes: |
(A) A "Drug Facts" panel; or |
(B) A statement of the "active ingredient(s)" with a |
list of those ingredients contained in the compound, |
substance or preparation. |
Beginning on January 1, 2014 (the effective date of Public |
Act 98-122), "prescription and nonprescription medicines and |
drugs" includes medical cannabis purchased from a registered |
dispensing organization under the Compassionate Use of Medical |
|
Cannabis Pilot Program Act. |
If the property that is acquired from a serviceman is |
acquired outside
Illinois and used outside Illinois before |
being brought to Illinois for use
here and is taxable under |
this Act, the "selling price" on which the tax
is computed |
shall be reduced by an amount that represents a reasonable
|
allowance for depreciation for the period of prior out-of-state |
use.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, |
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756, |
eff. 7-16-14.)
|
Section 310. The Service Occupation Tax Act is amended by |
changing Sections 3-8 and 3-10 as follows:
|
(35 ILCS 115/3-8) |
Sec. 3-8. Hospital exemption. |
(a) Tangible personal property sold to or used by a |
hospital owner that owns one or more hospitals licensed under |
the Hospital Licensing Act or operated under the University of |
Illinois Hospital Act, or a hospital affiliate that is not |
already exempt under another provision of this Act and meets |
the criteria for an exemption under this Section, is exempt |
from taxation under this Act. |
(b) A hospital owner or hospital affiliate satisfies the |
conditions for an exemption under this Section if the value of |
|
qualified services or activities listed in subsection (c) of |
this Section for the hospital year equals or exceeds the |
relevant hospital entity's estimated property tax liability, |
without regard to any property tax exemption granted under |
Section 15-86 of the Property Tax Code, for the calendar year |
in which exemption or renewal of exemption is sought. For |
purposes of making the calculations required by this subsection |
(b), if the relevant hospital entity is a hospital owner that |
owns more than one hospital, the value of the services or |
activities listed in subsection (c) shall be calculated on the |
basis of only those services and activities relating to the |
hospital that includes the subject property, and the relevant |
hospital entity's estimated property tax liability shall be |
calculated only with respect to the properties comprising that |
hospital. In the case of a multi-state hospital system or |
hospital affiliate, the value of the services or activities |
listed in subsection (c) shall be calculated on the basis of |
only those services and activities that occur in Illinois and |
the relevant hospital entity's estimated property tax |
liability shall be calculated only with respect to its property |
located in Illinois. |
(c) The following services and activities shall be |
considered for purposes of making the calculations required by |
subsection (b): |
(1) Charity care. Free or discounted services provided |
pursuant to the relevant hospital entity's financial |
|
assistance policy, measured at cost, including discounts |
provided under the Hospital Uninsured Patient Discount |
Act. |
(2) Health services to low-income and underserved |
individuals. Other unreimbursed costs of the relevant |
hospital entity for providing without charge, paying for, |
or subsidizing goods, activities, or services for the |
purpose of addressing the health of low-income or |
underserved individuals. Those activities or services may |
include, but are not limited to: financial or in-kind |
support to affiliated or unaffiliated hospitals, hospital |
affiliates, community clinics, or programs that treat |
low-income or underserved individuals; paying for or |
subsidizing health care professionals who care for |
low-income or underserved individuals; providing or |
subsidizing outreach or educational services to low-income |
or underserved individuals for disease management and |
prevention; free or subsidized goods, supplies, or |
services needed by low-income or underserved individuals |
because of their medical condition; and prenatal or |
childbirth outreach to low-income or underserved persons. |
(3) Subsidy of State or local governments. Direct or |
indirect financial or in-kind subsidies of State or local |
governments by the relevant hospital entity that pay for or |
subsidize activities or programs related to health care for |
low-income or underserved individuals. |
|
(4) Support for State health care programs for |
low-income individuals. At the election of the hospital |
applicant for each applicable year, either (A) 10% of |
payments to the relevant hospital entity and any hospital |
affiliate designated by the relevant hospital entity |
(provided that such hospital affiliate's operations |
provide financial or operational support for or receive |
financial or operational support from the relevant |
hospital entity) under Medicaid or other means-tested |
programs, including, but not limited to, General |
Assistance, the Covering ALL KIDS Health Insurance Act, and |
the State Children's Health Insurance Program or (B) the |
amount of subsidy provided by the relevant hospital entity |
and any hospital affiliate designated by the relevant |
hospital entity (provided that such hospital affiliate's |
operations provide financial or operational support for or |
receive financial or operational support from the relevant |
hospital entity) to State or local government in treating |
Medicaid recipients and recipients of means-tested |
programs, including but not limited to General Assistance, |
the Covering ALL KIDS Health Insurance Act, and the State |
Children's Health Insurance Program. The amount of subsidy |
for purposes of this item (4) is calculated in the same |
manner as unreimbursed costs are calculated for Medicaid |
and other means-tested government programs in the Schedule |
H of IRS Form 990 in effect on the effective date of this |
|
amendatory Act of the 97th General Assembly. |
(5) Dual-eligible subsidy. The amount of subsidy |
provided to government by treating dual-eligible |
Medicare/Medicaid patients. The amount of subsidy for |
purposes of this item (5) is calculated by multiplying the |
relevant hospital entity's unreimbursed costs for |
Medicare, calculated in the same manner as determined in |
the Schedule H of IRS Form 990 in effect on the effective |
date of this amendatory Act of the 97th General Assembly, |
by the relevant hospital entity's ratio of dual-eligible |
patients to total Medicare patients. |
(6) Relief of the burden of government related to |
health care. Except to the extent otherwise taken into |
account in this subsection, the portion of unreimbursed |
costs of the relevant hospital entity attributable to |
providing, paying for, or subsidizing goods, activities, |
or services that relieve the burden of government related |
to health care for low-income individuals. Such activities |
or services shall include, but are not limited to, |
providing emergency, trauma, burn, neonatal, psychiatric, |
rehabilitation, or other special services; providing |
medical education; and conducting medical research or |
training of health care professionals. The portion of those |
unreimbursed costs attributable to benefiting low-income |
individuals shall be determined using the ratio calculated |
by adding the relevant hospital entity's costs |
|
attributable to charity care, Medicaid, other means-tested |
government programs, Medicare patients with disabilities |
disabled Medicare patients under age 65, and dual-eligible |
Medicare/Medicaid patients and dividing that total by the |
relevant hospital entity's total costs. Such costs for the |
numerator and denominator shall be determined by |
multiplying gross charges by the cost to charge ratio taken |
from the hospital's most recently filed Medicare cost |
report (CMS 2252-10 Worksheet, Part I). In the case of |
emergency services, the ratio shall be calculated using |
costs (gross charges multiplied by the cost to charge ratio |
taken from the hospital's most recently filed Medicare cost |
report (CMS 2252-10 Worksheet, Part I)) of patients treated |
in the relevant hospital entity's emergency department. |
(7) Any other activity by the relevant hospital entity |
that the Department determines relieves the burden of |
government or addresses the health of low-income or |
underserved individuals. |
(d) The hospital applicant shall include information in its |
exemption application establishing that it satisfies the |
requirements of subsection (b). For purposes of making the |
calculations required by subsection (b), the hospital |
applicant may for each year elect to use either (1) the value |
of the services or activities listed in subsection (e) for the |
hospital year or (2) the average value of those services or |
activities for the 3 fiscal years ending with the hospital |
|
year. If the relevant hospital entity has been in operation for |
less than 3 completed fiscal years, then the latter |
calculation, if elected, shall be performed on a pro rata |
basis. |
(e) For purposes of making the calculations required by |
this Section: |
(1) particular services or activities eligible for |
consideration under any of the paragraphs (1) through (7) |
of subsection (c) may not be counted under more than one of |
those paragraphs; and |
(2) the amount of unreimbursed costs and the amount of |
subsidy shall not be reduced by restricted or unrestricted |
payments received by the relevant hospital entity as |
contributions deductible under Section 170(a) of the |
Internal Revenue Code. |
(f) (Blank). |
(g) Estimation of Exempt Property Tax Liability. The |
estimated property tax liability used for the determination in |
subsection (b) shall be calculated as follows: |
(1) "Estimated property tax liability" means the |
estimated dollar amount of property tax that would be owed, |
with respect to the exempt portion of each of the relevant |
hospital entity's properties that are already fully or |
partially exempt, or for which an exemption in whole or in |
part is currently being sought, and then aggregated as |
applicable, as if the exempt portion of those properties |
|
were subject to tax, calculated with respect to each such |
property by multiplying: |
(A) the lesser of (i) the actual assessed value, if |
any, of the portion of the property for which an |
exemption is sought or (ii) an estimated assessed value |
of the exempt portion of such property as determined in |
item (2) of this subsection (g), by |
(B) the applicable State equalization rate |
(yielding the equalized assessed value), by |
(C) the applicable tax rate. |
(2) The estimated assessed value of the exempt portion |
of the property equals the sum of (i) the estimated fair |
market value of buildings on the property, as determined in |
accordance with subparagraphs (A) and (B) of this item (2), |
multiplied by the applicable assessment factor, and (ii) |
the estimated assessed value of the land portion of the |
property, as determined in accordance with subparagraph |
(C). |
(A) The "estimated fair market value of buildings |
on the property" means the replacement value of any |
exempt portion of buildings on the property, minus |
depreciation, determined utilizing the cost |
replacement method whereby the exempt square footage |
of all such buildings is multiplied by the replacement |
cost per square foot for Class A Average building found |
in the most recent edition of the Marshall & Swift |
|
Valuation Services Manual, adjusted by any appropriate |
current cost and local multipliers. |
(B) Depreciation, for purposes of calculating the |
estimated fair market value of buildings on the |
property, is applied by utilizing a weighted mean life |
for the buildings based on original construction and |
assuming a 40-year life for hospital buildings and the |
applicable life for other types of buildings as |
specified in the American Hospital Association |
publication "Estimated Useful Lives of Depreciable |
Hospital Assets". In the case of hospital buildings, |
the remaining life is divided by 40 and this ratio is |
multiplied by the replacement cost of the buildings to |
obtain an estimated fair market value of buildings. If |
a hospital building is older than 35 years, a remaining |
life of 5 years for residual value is assumed; and if a |
building is less than 8 years old, a remaining life of |
32 years is assumed. |
(C) The estimated assessed value of the land |
portion of the property shall be determined by |
multiplying (i) the per square foot average of the |
assessed values of three parcels of land (not including |
farm land, and excluding the assessed value of the |
improvements thereon) reasonably comparable to the |
property, by (ii) the number of square feet comprising |
the exempt portion of the property's land square |
|
footage. |
(3) The assessment factor, State equalization rate, |
and tax rate (including any special factors such as |
Enterprise Zones) used in calculating the estimated |
property tax liability shall be for the most recent year |
that is publicly available from the applicable chief county |
assessment officer or officers at least 90 days before the |
end of the hospital year. |
(4) The method utilized to calculate estimated |
property tax liability for purposes of this Section 15-86 |
shall not be utilized for the actual valuation, assessment, |
or taxation of property pursuant to the Property Tax Code. |
(h) For the purpose of this Section, the following terms |
shall have the meanings set forth below: |
(1) "Hospital" means any institution, place, building, |
buildings on a campus, or other health care facility |
located in Illinois that is licensed under the Hospital |
Licensing Act and has a hospital owner. |
(2) "Hospital owner" means a not-for-profit |
corporation that is the titleholder of a hospital, or the |
owner of the beneficial interest in an Illinois land trust |
that is the titleholder of a hospital. |
(3) "Hospital affiliate" means any corporation, |
partnership, limited partnership, joint venture, limited |
liability company, association or other organization, |
other than a hospital owner, that directly or indirectly |
|
controls, is controlled by, or is under common control with |
one or more hospital owners and that supports, is supported |
by, or acts in furtherance of the exempt health care |
purposes of at least one of those hospital owners' |
hospitals. |
(4) "Hospital system" means a hospital and one or more |
other hospitals or hospital affiliates related by common |
control or ownership. |
(5) "Control" relating to hospital owners, hospital |
affiliates, or hospital systems means possession, direct |
or indirect, of the power to direct or cause the direction |
of the management and policies of the entity, whether |
through ownership of assets, membership interest, other |
voting or governance rights, by contract or otherwise. |
(6) "Hospital applicant" means a hospital owner or |
hospital affiliate that files an application for an |
exemption or renewal of exemption under this Section. |
(7) "Relevant hospital entity" means (A) the hospital |
owner, in the case of a hospital applicant that is a |
hospital owner, and (B) at the election of a hospital |
applicant that is a hospital affiliate, either (i) the |
hospital affiliate or (ii) the hospital system to which the |
hospital applicant belongs, including any hospitals or |
hospital affiliates that are related by common control or |
ownership. |
(8) "Subject property" means property used for the |
|
calculation under subsection (b) of this Section. |
(9) "Hospital year" means the fiscal year of the |
relevant hospital entity, or the fiscal year of one of the |
hospital owners in the hospital system if the relevant |
hospital entity is a hospital system with members with |
different fiscal years, that ends in the year for which the |
exemption is sought.
|
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
|
(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
|
Sec. 3-10. Rate of tax. Unless otherwise provided in this |
Section,
the tax imposed by this Act is at the rate of 6.25% of |
the "selling price",
as defined in Section 2 of the Service Use |
Tax Act, of the tangible
personal property. For the purpose of |
computing this tax, in no event
shall the "selling price" be |
less than the cost price to the serviceman of
the tangible |
personal property transferred. The selling price of each item
|
of tangible personal property transferred as an incident of a |
sale of
service may be shown as a distinct and separate item on |
the serviceman's
billing to the service customer. If the |
selling price is not so shown, the
selling price of the |
tangible personal property is deemed to be 50% of the
|
serviceman's entire billing to the service customer. When, |
however, a
serviceman contracts to design, develop, and produce |
special order machinery or
equipment, the tax imposed by this |
Act shall be based on the serviceman's
cost price of the |
|
tangible personal property transferred incident to the
|
completion of the contract.
|
Beginning on July 1, 2000 and through December 31, 2000, |
with respect to
motor fuel, as defined in Section 1.1 of the |
Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
|
With respect to gasohol, as defined in the Use Tax Act, the |
tax imposed
by this Act shall apply to (i) 70% of the cost |
price of property
transferred as
an incident to the sale of |
service on or after January 1, 1990, and before
July 1, 2003, |
(ii) 80% of the selling price of property transferred as an
|
incident to the sale of service on or after July
1, 2003 and on |
or before December 31, 2018, and (iii) 100%
of
the cost price
|
thereafter.
If, at any time, however, the tax under this Act on |
sales of gasohol, as
defined in
the Use Tax Act, is imposed at |
the rate of 1.25%, then the
tax imposed by this Act applies to |
100% of the proceeds of sales of gasohol
made during that time.
|
With respect to majority blended ethanol fuel, as defined |
in the Use Tax Act,
the
tax
imposed by this Act does not apply |
to the selling price of property transferred
as an incident to |
the sale of service on or after July 1, 2003 and on or before
|
December 31, 2018 but applies to 100% of the selling price |
thereafter.
|
With respect to biodiesel blends, as defined in the Use Tax |
Act, with no less
than 1% and no
more than 10% biodiesel, the |
tax imposed by this Act
applies to (i) 80% of the selling price |
|
of property transferred as an incident
to the sale of service |
on or after July 1, 2003 and on or before December 31, 2018
and |
(ii) 100% of the proceeds of the selling price
thereafter.
If, |
at any time, however, the tax under this Act on sales of |
biodiesel blends,
as
defined in the Use Tax Act, with no less |
than 1% and no more than 10% biodiesel
is imposed at the rate |
of 1.25%, then the
tax imposed by this Act applies to 100% of |
the proceeds of sales of biodiesel
blends with no less than 1% |
and no more than 10% biodiesel
made
during that time.
|
With respect to 100% biodiesel, as defined in the Use Tax |
Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
more than 10% but no more than 99% biodiesel material, the tax |
imposed by this
Act
does not apply to the proceeds of the |
selling price of property transferred
as an incident to the |
sale of service on or after July 1, 2003 and on or before
|
December 31, 2018 but applies to 100% of the selling price |
thereafter.
|
At the election of any registered serviceman made for each |
fiscal year,
sales of service in which the aggregate annual |
cost price of tangible
personal property transferred as an |
incident to the sales of service is
less than 35%, or 75% in |
the case of servicemen transferring prescription
drugs or |
servicemen engaged in graphic arts production, of the aggregate
|
annual total gross receipts from all sales of service, the tax |
imposed by
this Act shall be based on the serviceman's cost |
price of the tangible
personal property transferred incident to |
|
the sale of those services.
|
The tax shall be imposed at the rate of 1% on food prepared |
for
immediate consumption and transferred incident to a sale of |
service subject
to this Act or the Service Occupation Tax Act |
by an entity licensed under
the Hospital Licensing Act, the |
Nursing Home Care Act, the ID/DD Community Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or the
|
Child Care Act of 1969. The tax shall
also be imposed at the |
rate of 1% on food for human consumption that is
to be consumed |
off the
premises where it is sold (other than alcoholic |
beverages, soft drinks, and
food that has been prepared for |
immediate consumption and is not
otherwise included in this |
paragraph) and prescription and
nonprescription medicines, |
drugs, medical appliances, modifications to a motor
vehicle for |
the purpose of rendering it usable by a person with a |
disability disabled person , and
insulin, urine testing |
materials, syringes, and needles used by diabetics, for
human |
use. For the purposes of this Section, until September 1, 2009: |
the term "soft drinks" means any
complete, finished, |
ready-to-use, non-alcoholic drink, whether carbonated or
not, |
including but not limited to soda water, cola, fruit juice, |
vegetable
juice, carbonated water, and all other preparations |
commonly known as soft
drinks of whatever kind or description |
that are contained in any closed or
sealed can, carton, or |
container, regardless of size; but "soft drinks" does not
|
include coffee, tea, non-carbonated water, infant formula, |
|
milk or milk
products as defined in the Grade A Pasteurized |
Milk and Milk Products Act, or
drinks containing 50% or more |
natural fruit or vegetable juice.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "soft drinks" means non-alcoholic |
beverages that contain natural or artificial sweeteners. "Soft |
drinks" do not include beverages that contain milk or milk |
products, soy, rice or similar milk substitutes, or greater |
than 50% of vegetable or fruit juice by volume. |
Until August 1, 2009, and notwithstanding any other |
provisions of this Act, "food for human consumption
that is to |
be consumed off the premises where it is sold" includes all |
food
sold through a vending machine, except soft drinks and |
food products that are
dispensed hot from a vending machine, |
regardless of the location of the vending
machine. Beginning |
August 1, 2009, and notwithstanding any other provisions of |
this Act, "food for human consumption that is to be consumed |
off the premises where it is sold" includes all food sold |
through a vending machine, except soft drinks, candy, and food |
products that are dispensed hot from a vending machine, |
regardless of the location of the vending machine.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "food for human consumption that |
is to be consumed off the premises where
it is sold" does not |
include candy. For purposes of this Section, "candy" means a |
preparation of sugar, honey, or other natural or artificial |
|
sweeteners in combination with chocolate, fruits, nuts or other |
ingredients or flavorings in the form of bars, drops, or |
pieces. "Candy" does not include any preparation that contains |
flour or requires refrigeration. |
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "nonprescription medicines and |
drugs" does not include grooming and hygiene products. For |
purposes of this Section, "grooming and hygiene products" |
includes, but is not limited to, soaps and cleaning solutions, |
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
lotions and screens, unless those products are available by |
prescription only, regardless of whether the products meet the |
definition of "over-the-counter-drugs". For the purposes of |
this paragraph, "over-the-counter-drug" means a drug for human |
use that contains a label that identifies the product as a drug |
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
label includes: |
(A) A "Drug Facts" panel; or |
(B) A statement of the "active ingredient(s)" with a |
list of those ingredients contained in the compound, |
substance or preparation. |
Beginning on January 1, 2014 (the effective date of Public |
Act 98-122), "prescription and nonprescription medicines and |
drugs" includes medical cannabis purchased from a registered |
dispensing organization under the Compassionate Use of Medical |
Cannabis Pilot Program Act. |
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, |
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756, |
eff. 7-16-14.)
|
Section 315. The Retailers' Occupation Tax Act is amended |
by changing Sections 2-9 and 2-10 as follows:
|
(35 ILCS 120/2-9) |
Sec. 2-9. Hospital exemption. |
(a) Tangible personal property sold to or used by a |
hospital owner that owns one or more hospitals licensed under |
the Hospital Licensing Act or operated under the University of |
Illinois Hospital Act, or a hospital affiliate that is not |
already exempt under another provision of this Act and meets |
the criteria for an exemption under this Section, is exempt |
from taxation under this Act. |
(b) A hospital owner or hospital affiliate satisfies the |
conditions for an exemption under this Section if the value of |
qualified services or activities listed in subsection (c) of |
this Section for the hospital year equals or exceeds the |
relevant hospital entity's estimated property tax liability, |
without regard to any property tax exemption granted under |
Section 15-86 of the Property Tax Code, for the calendar year |
in which exemption or renewal of exemption is sought. For |
purposes of making the calculations required by this subsection |
(b), if the relevant hospital entity is a hospital owner that |
|
owns more than one hospital, the value of the services or |
activities listed in subsection (c) shall be calculated on the |
basis of only those services and activities relating to the |
hospital that includes the subject property, and the relevant |
hospital entity's estimated property tax liability shall be |
calculated only with respect to the properties comprising that |
hospital. In the case of a multi-state hospital system or |
hospital affiliate, the value of the services or activities |
listed in subsection (c) shall be calculated on the basis of |
only those services and activities that occur in Illinois and |
the relevant hospital entity's estimated property tax |
liability shall be calculated only with respect to its property |
located in Illinois. |
(c) The following services and activities shall be |
considered for purposes of making the calculations required by |
subsection (b): |
(1) Charity care. Free or discounted services provided |
pursuant to the relevant hospital entity's financial |
assistance policy, measured at cost, including discounts |
provided under the Hospital Uninsured Patient Discount |
Act. |
(2) Health services to low-income and underserved |
individuals. Other unreimbursed costs of the relevant |
hospital entity for providing without charge, paying for, |
or subsidizing goods, activities, or services for the |
purpose of addressing the health of low-income or |
|
underserved individuals. Those activities or services may |
include, but are not limited to: financial or in-kind |
support to affiliated or unaffiliated hospitals, hospital |
affiliates, community clinics, or programs that treat |
low-income or underserved individuals; paying for or |
subsidizing health care professionals who care for |
low-income or underserved individuals; providing or |
subsidizing outreach or educational services to low-income |
or underserved individuals for disease management and |
prevention; free or subsidized goods, supplies, or |
services needed by low-income or underserved individuals |
because of their medical condition; and prenatal or |
childbirth outreach to low-income or underserved persons. |
(3) Subsidy of State or local governments. Direct or |
indirect financial or in-kind subsidies of State or local |
governments by the relevant hospital entity that pay for or |
subsidize activities or programs related to health care for |
low-income or underserved individuals. |
(4) Support for State health care programs for |
low-income individuals. At the election of the hospital |
applicant for each applicable year, either (A) 10% of |
payments to the relevant hospital entity and any hospital |
affiliate designated by the relevant hospital entity |
(provided that such hospital affiliate's operations |
provide financial or operational support for or receive |
financial or operational support from the relevant |
|
hospital entity) under Medicaid or other means-tested |
programs, including, but not limited to, General |
Assistance, the Covering ALL KIDS Health Insurance Act, and |
the State Children's Health Insurance Program or (B) the |
amount of subsidy provided by the relevant hospital entity |
and any hospital affiliate designated by the relevant |
hospital entity (provided that such hospital affiliate's |
operations provide financial or operational support for or |
receive financial or operational support from the relevant |
hospital entity) to State or local government in treating |
Medicaid recipients and recipients of means-tested |
programs, including but not limited to General Assistance, |
the Covering ALL KIDS Health Insurance Act, and the State |
Children's Health Insurance Program. The amount of subsidy |
for purposes of this item (4) is calculated in the same |
manner as unreimbursed costs are calculated for Medicaid |
and other means-tested government programs in the Schedule |
H of IRS Form 990 in effect on the effective date of this |
amendatory Act of the 97th General Assembly. |
(5) Dual-eligible subsidy. The amount of subsidy |
provided to government by treating dual-eligible |
Medicare/Medicaid patients. The amount of subsidy for |
purposes of this item (5) is calculated by multiplying the |
relevant hospital entity's unreimbursed costs for |
Medicare, calculated in the same manner as determined in |
the Schedule H of IRS Form 990 in effect on the effective |
|
date of this amendatory Act of the 97th General Assembly, |
by the relevant hospital entity's ratio of dual-eligible |
patients to total Medicare patients. |
(6) Relief of the burden of government related to |
health care. Except to the extent otherwise taken into |
account in this subsection, the portion of unreimbursed |
costs of the relevant hospital entity attributable to |
providing, paying for, or subsidizing goods, activities, |
or services that relieve the burden of government related |
to health care for low-income individuals. Such activities |
or services shall include, but are not limited to, |
providing emergency, trauma, burn, neonatal, psychiatric, |
rehabilitation, or other special services; providing |
medical education; and conducting medical research or |
training of health care professionals. The portion of those |
unreimbursed costs attributable to benefiting low-income |
individuals shall be determined using the ratio calculated |
by adding the relevant hospital entity's costs |
attributable to charity care, Medicaid, other means-tested |
government programs, Medicare patients with disabilities |
disabled Medicare patients under age 65, and dual-eligible |
Medicare/Medicaid patients and dividing that total by the |
relevant hospital entity's total costs. Such costs for the |
numerator and denominator shall be determined by |
multiplying gross charges by the cost to charge ratio taken |
from the hospital's most recently filed Medicare cost |
|
report (CMS 2252-10 Worksheet, Part I). In the case of |
emergency services, the ratio shall be calculated using |
costs (gross charges multiplied by the cost to charge ratio |
taken from the hospital's most recently filed Medicare cost |
report (CMS 2252-10 Worksheet, Part I)) of patients treated |
in the relevant hospital entity's emergency department. |
(7) Any other activity by the relevant hospital entity |
that the Department determines relieves the burden of |
government or addresses the health of low-income or |
underserved individuals. |
(d) The hospital applicant shall include information in its |
exemption application establishing that it satisfies the |
requirements of subsection (b). For purposes of making the |
calculations required by subsection (b), the hospital |
applicant may for each year elect to use either (1) the value |
of the services or activities listed in subsection (e) for the |
hospital year or (2) the average value of those services or |
activities for the 3 fiscal years ending with the hospital |
year. If the relevant hospital entity has been in operation for |
less than 3 completed fiscal years, then the latter |
calculation, if elected, shall be performed on a pro rata |
basis. |
(e) For purposes of making the calculations required by |
this Section: |
(1) particular services or activities eligible for |
consideration under any of the paragraphs (1) through (7) |
|
of subsection (c) may not be counted under more than one of |
those paragraphs; and |
(2) the amount of unreimbursed costs and the amount of |
subsidy shall not be reduced by restricted or unrestricted |
payments received by the relevant hospital entity as |
contributions deductible under Section 170(a) of the |
Internal Revenue Code. |
(f) (Blank). |
(g) Estimation of Exempt Property Tax Liability. The |
estimated property tax liability used for the determination in |
subsection (b) shall be calculated as follows: |
(1) "Estimated property tax liability" means the |
estimated dollar amount of property tax that would be owed, |
with respect to the exempt portion of each of the relevant |
hospital entity's properties that are already fully or |
partially exempt, or for which an exemption in whole or in |
part is currently being sought, and then aggregated as |
applicable, as if the exempt portion of those properties |
were subject to tax, calculated with respect to each such |
property by multiplying: |
(A) the lesser of (i) the actual assessed value, if |
any, of the portion of the property for which an |
exemption is sought or (ii) an estimated assessed value |
of the exempt portion of such property as determined in |
item (2) of this subsection (g), by |
(B) the applicable State equalization rate |
|
(yielding the equalized assessed value), by |
(C) the applicable tax rate. |
(2) The estimated assessed value of the exempt portion |
of the property equals the sum of (i) the estimated fair |
market value of buildings on the property, as determined in |
accordance with subparagraphs (A) and (B) of this item (2), |
multiplied by the applicable assessment factor, and (ii) |
the estimated assessed value of the land portion of the |
property, as determined in accordance with subparagraph |
(C). |
(A) The "estimated fair market value of buildings |
on the property" means the replacement value of any |
exempt portion of buildings on the property, minus |
depreciation, determined utilizing the cost |
replacement method whereby the exempt square footage |
of all such buildings is multiplied by the replacement |
cost per square foot for Class A Average building found |
in the most recent edition of the Marshall & Swift |
Valuation Services Manual, adjusted by any appropriate |
current cost and local multipliers. |
(B) Depreciation, for purposes of calculating the |
estimated fair market value of buildings on the |
property, is applied by utilizing a weighted mean life |
for the buildings based on original construction and |
assuming a 40-year life for hospital buildings and the |
applicable life for other types of buildings as |
|
specified in the American Hospital Association |
publication "Estimated Useful Lives of Depreciable |
Hospital Assets". In the case of hospital buildings, |
the remaining life is divided by 40 and this ratio is |
multiplied by the replacement cost of the buildings to |
obtain an estimated fair market value of buildings. If |
a hospital building is older than 35 years, a remaining |
life of 5 years for residual value is assumed; and if a |
building is less than 8 years old, a remaining life of |
32 years is assumed. |
(C) The estimated assessed value of the land |
portion of the property shall be determined by |
multiplying (i) the per square foot average of the |
assessed values of three parcels of land (not including |
farm land, and excluding the assessed value of the |
improvements thereon) reasonably comparable to the |
property, by (ii) the number of square feet comprising |
the exempt portion of the property's land square |
footage. |
(3) The assessment factor, State equalization rate, |
and tax rate (including any special factors such as |
Enterprise Zones) used in calculating the estimated |
property tax liability shall be for the most recent year |
that is publicly available from the applicable chief county |
assessment officer or officers at least 90 days before the |
end of the hospital year. |
|
(4) The method utilized to calculate estimated |
property tax liability for purposes of this Section 15-86 |
shall not be utilized for the actual valuation, assessment, |
or taxation of property pursuant to the Property Tax Code. |
(h) For the purpose of this Section, the following terms |
shall have the meanings set forth below: |
(1) "Hospital" means any institution, place, building, |
buildings on a campus, or other health care facility |
located in Illinois that is licensed under the Hospital |
Licensing Act and has a hospital owner. |
(2) "Hospital owner" means a not-for-profit |
corporation that is the titleholder of a hospital, or the |
owner of the beneficial interest in an Illinois land trust |
that is the titleholder of a hospital. |
(3) "Hospital affiliate" means any corporation, |
partnership, limited partnership, joint venture, limited |
liability company, association or other organization, |
other than a hospital owner, that directly or indirectly |
controls, is controlled by, or is under common control with |
one or more hospital owners and that supports, is supported |
by, or acts in furtherance of the exempt health care |
purposes of at least one of those hospital owners' |
hospitals. |
(4) "Hospital system" means a hospital and one or more |
other hospitals or hospital affiliates related by common |
control or ownership. |
|
(5) "Control" relating to hospital owners, hospital |
affiliates, or hospital systems means possession, direct |
or indirect, of the power to direct or cause the direction |
of the management and policies of the entity, whether |
through ownership of assets, membership interest, other |
voting or governance rights, by contract or otherwise. |
(6) "Hospital applicant" means a hospital owner or |
hospital affiliate that files an application for an |
exemption or renewal of exemption under this Section. |
(7) "Relevant hospital entity" means (A) the hospital |
owner, in the case of a hospital applicant that is a |
hospital owner, and (B) at the election of a hospital |
applicant that is a hospital affiliate, either (i) the |
hospital affiliate or (ii) the hospital system to which the |
hospital applicant belongs, including any hospitals or |
hospital affiliates that are related by common control or |
ownership. |
(8) "Subject property" means property used for the |
calculation under subsection (b) of this Section. |
(9) "Hospital year" means the fiscal year of the |
relevant hospital entity, or the fiscal year of one of the |
hospital owners in the hospital system if the relevant |
hospital entity is a hospital system with members with |
different fiscal years, that ends in the year for which the |
exemption is sought.
|
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
|
|
(35 ILCS 120/2-10)
|
Sec. 2-10. Rate of tax. Unless otherwise provided in this |
Section,
the tax imposed by this Act is at the rate of 6.25% of |
gross receipts
from sales of tangible personal property made in |
the course of business.
|
Beginning on July 1, 2000 and through December 31, 2000, |
with respect to
motor fuel, as defined in Section 1.1 of the |
Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
Beginning on August 6, 2010 through August 15, 2010, with |
respect to sales tax holiday items as defined in Section 2-8 of |
this Act, the
tax is imposed at the rate of 1.25%. |
Within 14 days after the effective date of this amendatory |
Act of the 91st
General Assembly, each retailer of motor fuel |
and gasohol shall cause the
following notice to be posted in a |
prominently visible place on each retail
dispensing device that |
is used to dispense motor
fuel or gasohol in the State of |
Illinois: "As of July 1, 2000, the State of
Illinois has |
eliminated the State's share of sales tax on motor fuel and
|
gasohol through December 31, 2000. The price on this pump |
should reflect the
elimination of the tax." The notice shall be |
printed in bold print on a sign
that is no smaller than 4 |
inches by 8 inches. The sign shall be clearly
visible to |
customers. Any retailer who fails to post or maintain a |
required
sign through December 31, 2000 is guilty of a petty |
|
offense for which the fine
shall be $500 per day per each |
retail premises where a violation occurs.
|
With respect to gasohol, as defined in the Use Tax Act, the |
tax imposed
by this Act applies to (i) 70% of the proceeds of |
sales made on or after
January 1, 1990, and before July 1, |
2003, (ii) 80% of the proceeds of
sales made on or after July |
1, 2003 and on or before December 31,
2018, and (iii) 100% of |
the proceeds of sales
made thereafter.
If, at any time, |
however, the tax under this Act on sales of gasohol, as
defined |
in
the Use Tax Act, is imposed at the rate of 1.25%, then the
|
tax imposed by this Act applies to 100% of the proceeds of |
sales of gasohol
made during that time.
|
With respect to majority blended ethanol fuel, as defined |
in the Use Tax Act,
the
tax
imposed by this Act does not apply |
to the proceeds of sales made on or after
July 1, 2003 and on or |
before December 31, 2018 but applies to 100% of the
proceeds of |
sales made thereafter.
|
With respect to biodiesel blends, as defined in the Use Tax |
Act, with no less
than 1% and no
more than 10% biodiesel, the |
tax imposed by this Act
applies to (i) 80% of the proceeds of |
sales made on or after July 1, 2003
and on or before December |
31, 2018 and (ii) 100% of the
proceeds of sales made |
thereafter.
If, at any time, however, the tax under this Act on |
sales of biodiesel blends,
as
defined in the Use Tax Act, with |
no less than 1% and no more than 10% biodiesel
is imposed at |
the rate of 1.25%, then the
tax imposed by this Act applies to |
|
100% of the proceeds of sales of biodiesel
blends with no less |
than 1% and no more than 10% biodiesel
made
during that time.
|
With respect to 100% biodiesel, as defined in the Use Tax |
Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
more than 10% but no more than 99% biodiesel, the tax imposed |
by this Act
does not apply to the proceeds of sales made on or |
after July 1, 2003
and on or before December 31, 2018 but |
applies to 100% of the
proceeds of sales made thereafter.
|
With respect to food for human consumption that is to be |
consumed off the
premises where it is sold (other than |
alcoholic beverages, soft drinks, and
food that has been |
prepared for immediate consumption) and prescription and
|
nonprescription medicines, drugs, medical appliances, |
modifications to a motor
vehicle for the purpose of rendering |
it usable by a person with a disability disabled person , and
|
insulin, urine testing materials, syringes, and needles used by |
diabetics, for
human use, the tax is imposed at the rate of 1%. |
For the purposes of this
Section, until September 1, 2009: the |
term "soft drinks" means any complete, finished, ready-to-use,
|
non-alcoholic drink, whether carbonated or not, including but |
not limited to
soda water, cola, fruit juice, vegetable juice, |
carbonated water, and all other
preparations commonly known as |
soft drinks of whatever kind or description that
are contained |
in any closed or sealed bottle, can, carton, or container,
|
regardless of size; but "soft drinks" does not include coffee, |
tea, non-carbonated
water, infant formula, milk or milk |
|
products as defined in the Grade A
Pasteurized Milk and Milk |
Products Act, or drinks containing 50% or more
natural fruit or |
vegetable juice.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "soft drinks" means non-alcoholic |
beverages that contain natural or artificial sweeteners. "Soft |
drinks" do not include beverages that contain milk or milk |
products, soy, rice or similar milk substitutes, or greater |
than 50% of vegetable or fruit juice by volume. |
Until August 1, 2009, and notwithstanding any other |
provisions of this
Act, "food for human consumption that is to |
be consumed off the premises where
it is sold" includes all |
food sold through a vending machine, except soft
drinks and |
food products that are dispensed hot from a vending machine,
|
regardless of the location of the vending machine. Beginning |
August 1, 2009, and notwithstanding any other provisions of |
this Act, "food for human consumption that is to be consumed |
off the premises where it is sold" includes all food sold |
through a vending machine, except soft drinks, candy, and food |
products that are dispensed hot from a vending machine, |
regardless of the location of the vending machine.
|
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "food for human consumption that |
is to be consumed off the premises where
it is sold" does not |
include candy. For purposes of this Section, "candy" means a |
preparation of sugar, honey, or other natural or artificial |
|
sweeteners in combination with chocolate, fruits, nuts or other |
ingredients or flavorings in the form of bars, drops, or |
pieces. "Candy" does not include any preparation that contains |
flour or requires refrigeration. |
Notwithstanding any other provisions of this
Act, |
beginning September 1, 2009, "nonprescription medicines and |
drugs" does not include grooming and hygiene products. For |
purposes of this Section, "grooming and hygiene products" |
includes, but is not limited to, soaps and cleaning solutions, |
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
lotions and screens, unless those products are available by |
prescription only, regardless of whether the products meet the |
definition of "over-the-counter-drugs". For the purposes of |
this paragraph, "over-the-counter-drug" means a drug for human |
use that contains a label that identifies the product as a drug |
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
label includes: |
(A) A "Drug Facts" panel; or |
(B) A statement of the "active ingredient(s)" with a |
list of those ingredients contained in the compound, |
substance or preparation.
|
Beginning on the effective date of this amendatory Act of |
the 98th General Assembly, "prescription and nonprescription |
medicines and drugs" includes medical cannabis purchased from a |
registered dispensing organization under the Compassionate Use |
of Medical Cannabis Pilot Program Act. |
|
(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)
|
Section 325. The Property Tax Code is amended by changing |
Sections 9-275, 15-10, 15-86, 15-165, 15-168, 15-169, 15-172, |
15-175, 18-185, 20-15, and 21-27 as follows:
|
(35 ILCS 200/9-275) |
Sec. 9-275. Erroneous homestead exemptions. |
(a) For purposes of this Section: |
"Erroneous homestead exemption" means a homestead |
exemption that was granted for real property in a taxable year |
if the property was not eligible for that exemption in that |
taxable year. If the taxpayer receives an erroneous homestead |
exemption under a single Section of this Code for the same |
property in multiple years, that exemption is considered a |
single erroneous homestead exemption for purposes of this |
Section. However, if the taxpayer receives erroneous homestead |
exemptions under multiple Sections of this Code for the same |
property, or if the taxpayer receives erroneous homestead |
exemptions under the same Section of this Code for multiple |
properties, then each of those exemptions is considered a |
separate erroneous homestead exemption for purposes of this |
Section. |
"Homestead exemption" means an exemption under Section |
15-165 ( veterans with disabilities disabled veterans ), 15-167 |
(returning veterans), 15-168 ( persons with disabilities |
|
disabled persons ), 15-169 ( standard homestead for veterans |
with disabilities disabled veterans standard homestead ), |
15-170 (senior citizens), 15-172 (senior citizens assessment |
freeze), 15-175 (general homestead), 15-176 (alternative |
general homestead), or 15-177 (long-time occupant). |
"Erroneous exemption principal amount" means the total |
difference between the property taxes actually billed to a |
property index number and the amount of property taxes that |
would have been billed but for the erroneous exemption or |
exemptions. |
"Taxpayer" means the property owner or leasehold owner that |
erroneously received a homestead exemption upon property. |
(b) Notwithstanding any other provision of law, in counties |
with 3,000,000 or more inhabitants, the chief county assessment |
officer shall include the following information with each |
assessment notice sent in a general assessment year: (1) a list |
of each homestead exemption available under Article 15 of this |
Code and a description of the eligibility criteria for that |
exemption; (2) a list of each homestead exemption applied to |
the property in the current assessment year; (3) information |
regarding penalties and interest that may be incurred under |
this Section if the taxpayer received an erroneous homestead |
exemption in a previous taxable year; and (4) notice of the |
60-day grace period available under this subsection. If, within |
60 days after receiving his or her assessment notice, the |
taxpayer notifies the chief county assessment officer that he |
|
or she received an erroneous homestead exemption in a previous |
taxable year, and if the taxpayer pays the erroneous exemption |
principal amount, plus interest as provided in subsection (f), |
then the taxpayer shall not be liable for the penalties |
provided in subsection (f) with respect to that exemption. |
(c) In counties with 3,000,000 or more inhabitants, when |
the chief county assessment officer determines that one or more |
erroneous homestead exemptions was applied to the property, the |
erroneous exemption principal amount, together with all |
applicable interest and penalties as provided in subsections |
(f) and (j), shall constitute a lien in the name of the People |
of Cook County on the property receiving the erroneous |
homestead exemption. Upon becoming aware of the existence of |
one or more erroneous homestead exemptions, the chief county |
assessment officer shall cause to be served, by both regular |
mail and certified mail, a notice of discovery as set forth in |
subsection (c-5). The chief county assessment officer in a |
county with 3,000,000 or more inhabitants may cause a lien to |
be recorded against property that (1) is located in the county |
and (2) received one or more erroneous homestead exemptions if, |
upon determination of the chief county assessment officer, the |
taxpayer received: (A) one or 2 erroneous homestead exemptions |
for real property, including at least one erroneous homestead |
exemption granted for the property against which the lien is |
sought, during any of the 3 collection years immediately prior |
to the current collection year in which the notice of discovery |
|
is served; or (B) 3 or more erroneous homestead exemptions for |
real property, including at least one erroneous homestead |
exemption granted for the property against which the lien is |
sought, during any of the 6 collection years immediately prior |
to the current collection year in which the notice of discovery |
is served. Prior to recording the lien against the property, |
the chief county assessment officer shall cause to be served, |
by both regular mail and certified mail, return receipt |
requested, on the person to whom the most recent tax bill was |
mailed and the owner of record, a notice of intent to record a |
lien against the property. The chief county assessment officer |
shall cause the notice of intent to record a lien to be served |
within 3 years from the date on which the notice of discovery |
was served. |
(c-5) The notice of discovery described in subsection (c) |
shall: (1) identify, by property index number, the property for |
which the chief county assessment officer has knowledge |
indicating the existence of an erroneous homestead exemption; |
(2) set forth the taxpayer's liability for principal, interest, |
penalties, and administrative costs including, but not limited |
to, recording fees described in subsection (f); (3) inform the |
taxpayer that he or she will be served with a notice of intent |
to record a lien within 3 years from the date of service of the |
notice of discovery; and (4) inform the taxpayer that he or she |
may pay the outstanding amount, plus interest, penalties, and |
administrative costs at any time prior to being served with the |
|
notice of intent to record a lien or within 30 days after the |
notice of intent to record a lien is served. |
(d) The notice of intent to record a lien described in |
subsection (c) shall: (1) identify, by property index number, |
the property against which the lien is being sought; (2) |
identify each specific homestead exemption that was |
erroneously granted and the year or years in which each |
exemption was granted; (3) set forth the erroneous exemption |
principal amount due and the interest amount and any penalty |
and administrative costs due; (4) inform the taxpayer that he |
or she may request a hearing within 30 days after service and |
may appeal the hearing officer's ruling to the circuit court; |
(5) inform the taxpayer that he or she may pay the erroneous |
exemption principal amount, plus interest and penalties, |
within 30 days after service; and (6) inform the taxpayer that, |
if the lien is recorded against the property, the amount of the |
lien will be adjusted to include the applicable recording fee |
and that fees for recording a release of the lien shall be |
incurred by the taxpayer. A lien shall not be filed pursuant to |
this Section if the taxpayer pays the erroneous exemption |
principal amount, plus penalties and interest, within 30 days |
of service of the notice of intent to record a lien. |
(e) The notice of intent to record a lien shall also |
include a form that the taxpayer may return to the chief county |
assessment officer to request a hearing. The taxpayer may |
request a hearing by returning the form within 30 days after |
|
service. The hearing shall be held within 90 days after the |
taxpayer is served. The chief county assessment officer shall |
promulgate rules of service and procedure for the hearing. The |
chief county assessment officer must generally follow rules of |
evidence and practices that prevail in the county circuit |
courts, but, because of the nature of these proceedings, the |
chief county assessment officer is not bound by those rules in |
all particulars. The chief county assessment officer shall |
appoint a hearing officer to oversee the hearing. The taxpayer |
shall be allowed to present evidence to the hearing officer at |
the hearing. After taking into consideration all the relevant |
testimony and evidence, the hearing officer shall make an |
administrative decision on whether the taxpayer was |
erroneously granted a homestead exemption for the taxable year |
in question. The taxpayer may appeal the hearing officer's |
ruling to the circuit court of the county where the property is |
located as a final administrative decision under the |
Administrative Review Law. |
(f) A lien against the property imposed under this Section |
shall be filed with the county recorder of deeds, but may not |
be filed sooner than 60 days after the notice of intent to |
record a lien was delivered to the taxpayer if the taxpayer |
does not request a hearing, or until the conclusion of the |
hearing and all appeals if the taxpayer does request a hearing. |
If a lien is filed pursuant to this Section and the taxpayer |
received one or 2 erroneous homestead exemptions during any of |
|
the 3 collection years immediately prior to the current |
collection year in which the notice of discovery is served, |
then the erroneous exemption principal amount, plus 10% |
interest per annum or portion thereof from the date the |
erroneous exemption principal amount would have become due if |
properly included in the tax bill, shall be charged against the |
property by the chief county assessment officer. However, if a |
lien is filed pursuant to this Section and the taxpayer |
received 3 or more erroneous homestead exemptions during any of |
the 6 collection years immediately prior to the current |
collection year in which the notice of discovery is served, the |
erroneous exemption principal amount, plus a penalty of 50% of |
the total amount of the erroneous exemption principal amount |
for that property and 10% interest per annum or portion thereof |
from the date the erroneous exemption principal amount would |
have become due if properly included in the tax bill, shall be |
charged against the property by the chief county assessment |
officer. If a lien is filed pursuant to this Section, the |
taxpayer shall not be liable for interest that accrues between |
the date the notice of discovery is served and the date the |
lien is filed. Before recording the lien with the county |
recorder of deeds, the chief county assessment officer shall |
adjust the amount of the lien to add administrative costs, |
including but not limited to the applicable recording fee, to |
the total lien amount. |
(g) If a person received an erroneous homestead exemption |
|
under Section 15-170 and: (1) the person was the spouse, child, |
grandchild, brother, sister, niece, or nephew of the previous |
taxpayer; and (2) the person received the property by bequest |
or inheritance; then the person is not liable for the penalties |
imposed under this Section for any year or years during which |
the chief county assessment officer did not require an annual |
application for the exemption. However, that person is |
responsible for any interest owed under subsection (f). |
(h) If the erroneous homestead exemption was granted as a |
result of a clerical error or omission on the part of the chief |
county assessment officer, and if the taxpayer has paid the tax |
bills as received for the year in which the error occurred, |
then the interest and penalties authorized by this Section with |
respect to that homestead exemption shall not be chargeable to |
the taxpayer. However, nothing in this Section shall prevent |
the collection of the erroneous exemption principal amount due |
and owing. |
(i) A lien under this Section is not valid as to (1) any |
bona fide purchaser for value without notice of the erroneous |
homestead exemption whose rights in and to the underlying |
parcel arose after the erroneous homestead exemption was |
granted but before the filing of the notice of lien; or (2) any |
mortgagee, judgment creditor, or other lienor whose rights in |
and to the underlying parcel arose before the filing of the |
notice of lien. A title insurance policy for the property that |
is issued by a title company licensed to do business in the |
|
State showing that the property is free and clear of any liens |
imposed under this Section shall be prima facie evidence that |
the taxpayer is without notice of the erroneous homestead |
exemption. Nothing in this Section shall be deemed to impair |
the rights of subsequent creditors and subsequent purchasers |
under Section 30 of the Conveyances Act. |
(j) When a lien is filed against the property pursuant to |
this Section, the chief county assessment officer shall mail a |
copy of the lien to the person to whom the most recent tax bill |
was mailed and to the owner of record, and the outstanding |
liability created by such a lien is due and payable within 30 |
days after the mailing of the lien by the chief county |
assessment officer. This liability is deemed delinquent and |
shall bear interest beginning on the day after the due date at |
a rate of 1.5% per month or portion thereof. Payment shall be |
made to the county treasurer. Upon receipt of the full amount |
due, as determined by the chief county assessment officer, the |
county treasurer shall distribute the amount paid as provided |
in subsection (k). Upon presentment by the taxpayer to the |
chief county assessment officer of proof of payment of the |
total liability, the chief county assessment officer shall |
provide in reasonable form a release of the lien. The release |
of the lien provided shall clearly inform the taxpayer that it |
is the responsibility of the taxpayer to record the lien |
release form with the county recorder of deeds and to pay any |
applicable recording fees. |
|
(k) The county treasurer shall pay collected erroneous |
exemption principal amounts, pro rata, to the taxing districts, |
or their legal successors, that levied upon the subject |
property in the taxable year or years for which the erroneous |
homestead exemptions were granted, except as set forth in this |
Section. The county treasurer shall deposit collected |
penalties and interest into a special fund established by the |
county treasurer to offset the costs of administration of the |
provisions of this Section by the chief county assessment |
officer's office, as appropriated by the county board. If the |
costs of administration of this Section exceed the amount of |
interest and penalties collected in the special fund, the chief |
county assessor shall be reimbursed by each taxing district or |
their legal successors for those costs. Such costs shall be |
paid out of the funds collected by the county treasurer on |
behalf of each taxing district pursuant to this Section. |
(l) The chief county assessment officer in a county with |
3,000,000 or more inhabitants shall establish an amnesty period |
for all taxpayers owing any tax due to an erroneous homestead |
exemption granted in a tax year prior to the 2013 tax year. The |
amnesty period shall begin on the effective date of this |
amendatory Act of the 98th General Assembly and shall run |
through December 31, 2013. If, during the amnesty period, the |
taxpayer pays the entire arrearage of taxes due for tax years |
prior to 2013, the county clerk shall abate and not seek to |
collect any interest or penalties that may be applicable and |
|
shall not seek civil or criminal prosecution for any taxpayer |
for tax years prior to 2013. Failure to pay all such taxes due |
during the amnesty period established under this Section shall |
invalidate the amnesty period for that taxpayer. |
The chief county assessment officer in a county with |
3,000,000 or more inhabitants shall (i) mail notice of the |
amnesty period with the tax bills for the second installment of |
taxes for the 2012 assessment year and (ii) as soon as possible |
after the effective date of this amendatory Act of the 98th |
General Assembly, publish notice of the amnesty period in a |
newspaper of general circulation in the county. Notices shall |
include information on the amnesty period, its purpose, and the |
method by which to make payment. |
Taxpayers who are a party to any criminal investigation or |
to any civil or criminal litigation that is pending in any |
circuit court or appellate court, or in the Supreme Court of |
this State, for nonpayment, delinquency, or fraud in relation |
to any property tax imposed by any taxing district located in |
the State on the effective date of this amendatory Act of the |
98th General Assembly may not take advantage of the amnesty |
period. |
A taxpayer who has claimed 3 or more homestead exemptions |
in error shall not be eligible for the amnesty period |
established under this subsection.
|
(Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14; |
98-811, eff. 1-1-15; 98-1143, eff. 1-1-15.)
|
|
(35 ILCS 200/15-10)
|
Sec. 15-10. Exempt property; procedures for certification. |
(a) All property
granted an exemption by the Department |
pursuant to the requirements of
Section 15-5 and
described in |
the Sections following Section 15-30 and preceding Section |
16-5,
to the extent therein limited, is exempt from taxation.
|
In order to maintain that exempt status, the titleholder or the |
owner of the
beneficial interest of any property
that
is exempt |
must file with the chief county assessment
officer, on or |
before January 31 of each year (May 31 in the case of property
|
exempted by Section 15-170), an affidavit stating whether there |
has been any
change in the ownership or use of the property, |
the status of the
owner-resident, the satisfaction by a |
relevant hospital entity of the condition for an exemption |
under Section 15-86, or that a veteran with a disability |
disabled veteran who qualifies under Section 15-165
owned and |
used the property as of January 1 of that year.
The nature of |
any
change shall be stated in the affidavit. Failure to file an |
affidavit shall,
in the discretion of the assessment officer, |
constitute cause to terminate the
exemption of that property, |
notwithstanding any other provision of this Code.
Owners of 5 |
or more such exempt parcels within a county may file a single
|
annual affidavit in lieu of an affidavit for each parcel. The |
assessment
officer, upon request, shall furnish an affidavit |
form to the owners, in which
the owner may state whether there |
|
has been any change in the ownership or use
of the property or |
status of the owner or resident as of January 1 of that
year. |
The owner of 5 or more exempt parcels shall list all the |
properties
giving the same information for each parcel as |
required of owners who file
individual affidavits.
|
(b) However, titleholders or owners of the beneficial |
interest in any property
exempted under any of the following |
provisions are not required to
submit an annual filing under |
this Section:
|
(1) Section 15-45 (burial grounds) in counties of less |
than 3,000,000
inhabitants and owned by a not-for-profit
|
organization.
|
(2) Section 15-40.
|
(3) Section 15-50 (United States property).
|
(c) If there is a change in use or ownership, however, |
notice must be filed
pursuant to Section 15-20.
|
(d) An application for homestead exemptions shall be filed |
as provided in
Section 15-170 (senior citizens homestead |
exemption), Section 15-172 (senior
citizens assessment freeze |
homestead exemption), and Sections
15-175 (general homestead |
exemption), 15-176
(general alternative
homestead exemption), |
and 15-177 (long-time occupant homestead exemption), |
respectively.
|
(e) For purposes of determining satisfaction of the |
condition for an exemption under Section 15-86: |
(1) The "year for which exemption is sought" is the |
|
year prior to the year in which the affidavit is due. |
(2) The "hospital year" is the fiscal year of the |
relevant hospital entity, or the fiscal year of one of the |
hospitals in the hospital system if the relevant hospital |
entity is a hospital system with members with different |
fiscal years, that ends in the year prior to the year in |
which the affidavit is due. However, if that fiscal year |
ends 3 months or less before the date on which the |
affidavit is due, the relevant hospital entity shall file |
an interim affidavit based on the currently available |
information, and shall file a supplemental affidavit |
within 90 days of date on which the application was due, if |
the information in the relevant hospital entity's audited |
financial statements changes the interim affidavit's |
statement concerning the entity's compliance with the |
calculation required by Section 15-86. |
(3) The affidavit shall be accompanied by an exhibit |
prepared by the relevant hospital entity showing (A) the |
value of the relevant hospital entity's services and |
activities, if any, under items (1) through (7) of |
subsection (e) of Section 15-86, stated separately for each |
item, and (B) the value relating to the relevant hospital |
entity's estimated property tax liability under paragraphs |
(A), (B), and (C) of item (1) of subsection (g) of Section |
15-86; under paragraphs (A), (B), and (C) of item (2) of |
subsection (g) of Section 15-86; and under item (3) of |
|
subsection (g) of Section 15-86. |
(Source: P.A. 97-688, eff. 6-14-12.)
|
(35 ILCS 200/15-86) |
Sec. 15-86. Exemptions related to access to hospital and |
health care services by low-income and underserved |
individuals. |
(a) The General Assembly finds: |
(1) Despite the Supreme Court's decision in Provena |
Covenant Medical Center v. Dept. of Revenue , 236 Ill.2d |
368, there is considerable uncertainty surrounding the |
test for charitable property tax exemption, especially |
regarding the application of a quantitative or monetary |
threshold. In Provena , the Department stated that the |
primary basis for its decision was the hospital's |
inadequate amount of charitable activity, but the |
Department has not articulated what constitutes an |
adequate amount of charitable activity. After Provena , the |
Department denied property tax exemption applications of 3 |
more hospitals, and, on the effective date of this |
amendatory Act of the 97th General Assembly, at least 20 |
other hospitals are awaiting rulings on applications for |
property tax exemption. |
(2) In Provena , two Illinois Supreme Court justices |
opined that "setting a monetary or quantum standard is a |
complex decision which should be left to our legislature, |
|
should it so choose". The Appellate Court in Provena |
stated: "The language we use in the State of Illinois to |
determine whether real property is used for a charitable |
purpose has its genesis in our 1870 Constitution. It is |
obvious that such language may be difficult to apply to the |
modern face of our nation's health care delivery systems". |
The court noted the many significant changes in the health |
care system since that time, but concluded that taking |
these changes into account is a matter of public policy, |
and "it is the legislature's job, not ours, to make public |
policy". |
(3) It is essential to ensure that tax exemption law |
relating to hospitals accounts for the complexities of the |
modern health care delivery system. Health care is moving |
beyond the walls of the hospital. In addition to treating |
individual patients, hospitals are assuming responsibility |
for improving the health status of communities and |
populations. Low-income and underserved communities |
benefit disproportionately by these activities. |
(4) The Supreme Court has explained that: "the |
fundamental ground upon which all exemptions in favor of |
charitable institutions are based is the benefit conferred |
upon the public by them, and a consequent relief, to some |
extent, of the burden upon the state to care for and |
advance the interests of its citizens". Hospitals relieve |
the burden of government in many ways, but most |
|
significantly through their participation in and |
substantial financial subsidization of the Illinois |
Medicaid program, which could not operate without the |
participation and partnership of Illinois hospitals. |
(5) Working with the Illinois hospital community and |
other interested parties, the General Assembly has |
developed a comprehensive combination of related |
legislation that addresses hospital property tax |
exemption, significantly increases access to free health |
care for indigent persons, and strengthens the Medical |
Assistance program. It is the intent of the General |
Assembly to establish a new category of ownership for |
charitable property tax exemption to be applied to |
not-for-profit hospitals and hospital affiliates in lieu |
of the existing ownership category of "institutions of |
public charity". It is also the intent of the General |
Assembly to establish quantifiable standards for the |
issuance of charitable exemptions for such property. It is |
not the intent of the General Assembly to declare any |
property exempt ipso facto, but rather to establish |
criteria to be applied to the facts on a case-by-case |
basis. |
(b) For the purpose of this Section and Section 15-10, the |
following terms shall have the meanings set forth below: |
(1) "Hospital" means any institution, place, building, |
buildings on a campus, or other health care facility |
|
located in Illinois that is licensed under the Hospital |
Licensing Act and has a hospital owner. |
(2) "Hospital owner" means a not-for-profit |
corporation that is the titleholder of a hospital, or the |
owner of the beneficial interest in an Illinois land trust |
that is the titleholder of a hospital. |
(3) "Hospital affiliate" means any corporation, |
partnership, limited partnership, joint venture, limited |
liability company, association or other organization, |
other than a hospital owner, that directly or indirectly |
controls, is controlled by, or is under common control with |
one or more hospital owners and that supports, is supported |
by, or acts in furtherance of the exempt health care |
purposes of at least one of those hospital owners' |
hospitals. |
(4) "Hospital system" means a hospital and one or more |
other hospitals or hospital affiliates related by common |
control or ownership. |
(5) "Control" relating to hospital owners, hospital |
affiliates, or hospital systems means possession, direct |
or indirect, of the power to direct or cause the direction |
of the management and policies of the entity, whether |
through ownership of assets, membership interest, other |
voting or governance rights, by contract or otherwise. |
(6) "Hospital applicant" means a hospital owner or |
hospital affiliate that files an application for a property |
|
tax exemption pursuant to Section 15-5 and this Section. |
(7) "Relevant hospital entity" means (A) the hospital |
owner, in the case of a hospital applicant that is a |
hospital owner, and (B) at the election of a hospital |
applicant that is a hospital affiliate, either (i) the |
hospital affiliate or (ii) the hospital system to which the |
hospital applicant belongs, including any hospitals or |
hospital affiliates that are related by common control or |
ownership. |
(8) "Subject property" means property for which a |
hospital applicant files an application for an exemption |
pursuant to Section 15-5 and this Section. |
(9) "Hospital year" means the fiscal year of the |
relevant hospital entity, or the fiscal year of one of the |
hospital owners in the hospital system if the relevant |
hospital entity is a hospital system with members with |
different fiscal years, that ends in the year for which the |
exemption is sought. |
(c) A hospital applicant satisfies the conditions for an |
exemption under this Section with respect to the subject |
property, and shall be issued a charitable exemption for that |
property, if the value of services or activities listed in |
subsection (e) for the hospital year equals or exceeds the |
relevant hospital entity's estimated property tax liability, |
as determined under subsection (g), for the year for which |
exemption is sought. For purposes of making the calculations |
|
required by this subsection (c), if the relevant hospital |
entity is a hospital owner that owns more than one hospital, |
the value of the services or activities listed in subsection |
(e) shall be calculated on the basis of only those services and |
activities relating to the hospital that includes the subject |
property, and the relevant hospital entity's estimated |
property tax liability shall be calculated only with respect to |
the properties comprising that hospital. In the case of a |
multi-state hospital system or hospital affiliate, the value of |
the services or activities listed in subsection (e) shall be |
calculated on the basis of only those services and activities |
that occur in Illinois and the relevant hospital entity's |
estimated property tax liability shall be calculated only with |
respect to its property located in Illinois. |
Notwithstanding any other provisions of this Act, any |
parcel or portion thereof, that is owned by a for-profit entity |
whether part of the hospital system or not, or that is leased, |
licensed or operated by a for-profit entity regardless of |
whether healthcare services are provided on that parcel shall |
not qualify for exemption. If a parcel has both exempt and |
non-exempt uses, an exemption may be granted for the qualifying |
portion of that parcel. In the case of parking lots and common |
areas serving both exempt and non-exempt uses those parcels or |
portions thereof may qualify for an exemption in proportion to |
the amount of qualifying use. |
(d) The hospital applicant shall include information in its |
|
exemption application establishing that it satisfies the |
requirements of subsection (c). For purposes of making the |
calculations required by subsection (c), the hospital |
applicant may for each year elect to use either (1) the value |
of the services or activities listed in subsection (e) for the |
hospital year or (2) the average value of those services or |
activities for the 3 fiscal years ending with the hospital |
year. If the relevant hospital entity has been in operation for |
less than 3 completed fiscal years, then the latter |
calculation, if elected, shall be performed on a pro rata |
basis. |
(e) Services that address the health care needs of |
low-income or underserved individuals or relieve the burden of |
government with regard to health care services. The following |
services and activities shall be considered for purposes of |
making the calculations required by subsection (c): |
(1) Charity care. Free or discounted services provided |
pursuant to the relevant hospital entity's financial |
assistance policy, measured at cost, including discounts |
provided under the Hospital Uninsured Patient Discount |
Act. |
(2) Health services to low-income and underserved |
individuals. Other unreimbursed costs of the relevant |
hospital entity for providing without charge, paying for, |
or subsidizing goods, activities, or services for the |
purpose of addressing the health of low-income or |
|
underserved individuals. Those activities or services may |
include, but are not limited to: financial or in-kind |
support to affiliated or unaffiliated hospitals, hospital |
affiliates, community clinics, or programs that treat |
low-income or underserved individuals; paying for or |
subsidizing health care professionals who care for |
low-income or underserved individuals; providing or |
subsidizing outreach or educational services to low-income |
or underserved individuals for disease management and |
prevention; free or subsidized goods, supplies, or |
services needed by low-income or underserved individuals |
because of their medical condition; and prenatal or |
childbirth outreach to low-income or underserved persons. |
(3) Subsidy of State or local governments. Direct or |
indirect financial or in-kind subsidies of State or local |
governments by the relevant hospital entity that pay for or |
subsidize activities or programs related to health care for |
low-income or underserved individuals. |
(4) Support for State health care programs for |
low-income individuals. At the election of the hospital |
applicant for each applicable year, either (A) 10% of |
payments to the relevant hospital entity and any hospital |
affiliate designated by the relevant hospital entity |
(provided that such hospital affiliate's operations |
provide financial or operational support for or receive |
financial or operational support from the relevant |
|
hospital entity) under Medicaid or other means-tested |
programs, including, but not limited to, General |
Assistance, the Covering ALL KIDS Health Insurance Act, and |
the State Children's Health Insurance Program or (B) the |
amount of subsidy provided by the relevant hospital entity |
and any hospital affiliate designated by the relevant |
hospital entity (provided that such hospital affiliate's |
operations provide financial or operational support for or |
receive financial or operational support from the relevant |
hospital entity) to State or local government in treating |
Medicaid recipients and recipients of means-tested |
programs, including but not limited to General Assistance, |
the Covering ALL KIDS Health Insurance Act, and the State |
Children's Health Insurance Program. The amount of subsidy |
for purposes of this item (4) is calculated in the same |
manner as unreimbursed costs are calculated for Medicaid |
and other means-tested government programs in the Schedule |
H of IRS Form 990 in effect on the effective date of this |
amendatory Act of the 97th General Assembly; provided, |
however, that in any event unreimbursed costs shall be net |
of fee-for-services payments, payments pursuant to an |
assessment, quarterly payments, and all other payments |
included on the schedule H of the IRS form 990. |
(5) Dual-eligible subsidy. The amount of subsidy |
provided to government by treating dual-eligible |
Medicare/Medicaid patients. The amount of subsidy for |
|
purposes of this item (5) is calculated by multiplying the |
relevant hospital entity's unreimbursed costs for |
Medicare, calculated in the same manner as determined in |
the Schedule H of IRS Form 990 in effect on the effective |
date of this amendatory Act of the 97th General Assembly, |
by the relevant hospital entity's ratio of dual-eligible |
patients to total Medicare patients. |
(6) Relief of the burden of government related to |
health care of low-income individuals. Except to the extent |
otherwise taken into account in this subsection, the |
portion of unreimbursed costs of the relevant hospital |
entity attributable to providing, paying for, or |
subsidizing goods, activities, or services that relieve |
the burden of government related to health care for |
low-income individuals. Such activities or services shall |
include, but are not limited to, providing emergency, |
trauma, burn, neonatal, psychiatric, rehabilitation, or |
other special services; providing medical education; and |
conducting medical research or training of health care |
professionals. The portion of those unreimbursed costs |
attributable to benefiting low-income individuals shall be |
determined using the ratio calculated by adding the |
relevant hospital entity's costs attributable to charity |
care, Medicaid, other means-tested government programs, |
Medicare patients with disabilities disabled Medicare |
patients under age 65, and dual-eligible Medicare/Medicaid |
|
patients and dividing that total by the relevant hospital |
entity's total costs. Such costs for the numerator and |
denominator shall be determined by multiplying gross |
charges by the cost to charge ratio taken from the |
hospitals' most recently filed Medicare cost report (CMS |
2252-10 Worksheet C, Part I). In the case of emergency |
services, the ratio shall be calculated using costs (gross |
charges multiplied by the cost to charge ratio taken from |
the hospitals' most recently filed Medicare cost report |
(CMS 2252-10 Worksheet C, Part I)) of patients treated in |
the relevant hospital entity's emergency department. |
(7) Any other activity by the relevant hospital entity |
that the Department determines relieves the burden of |
government or addresses the health of low-income or |
underserved individuals. |
(f) For purposes of making the calculations required by |
subsections (c) and (e): |
(1) particular services or activities eligible for |
consideration under any of the paragraphs (1) through (7) |
of subsection (e) may not be counted under more than one of |
those paragraphs; and |
(2) the amount of unreimbursed costs and the amount of |
subsidy shall not be reduced by restricted or unrestricted |
payments received by the relevant hospital entity as |
contributions deductible under Section 170(a) of the |
Internal Revenue Code. |
|
(g) Estimation of Exempt Property Tax Liability. The |
estimated property tax liability used for the determination in |
subsection (c) shall be calculated as follows: |
(1) "Estimated property tax liability" means the |
estimated dollar amount of property tax that would be owed, |
with respect to the exempt portion of each of the relevant |
hospital entity's properties that are already fully or |
partially exempt, or for which an exemption in whole or in |
part is currently being sought, and then aggregated as |
applicable, as if the exempt portion of those properties |
were subject to tax, calculated with respect to each such |
property by multiplying: |
(A) the lesser of (i) the actual assessed value, if |
any, of the portion of the property for which an |
exemption is sought or (ii) an estimated assessed value |
of the exempt portion of such property as determined in |
item (2) of this subsection (g), by: |
(B) the applicable State equalization rate |
(yielding the equalized assessed value), by |
(C) the applicable tax rate. |
(2) The estimated assessed value of the exempt portion |
of the property equals the sum of (i) the estimated fair |
market value of buildings on the property, as determined in |
accordance with subparagraphs (A) and (B) of this item (2), |
multiplied by the applicable assessment factor, and (ii) |
the estimated assessed value of the land portion of the |
|
property, as determined in accordance with subparagraph |
(C). |
(A) The "estimated fair market value of buildings |
on the property" means the replacement value of any |
exempt portion of buildings on the property, minus |
depreciation, determined utilizing the cost |
replacement method whereby the exempt square footage |
of all such buildings is multiplied by the replacement |
cost per square foot for Class A Average building found |
in the most recent edition of the Marshall & Swift |
Valuation Services Manual, adjusted by any appropriate |
current cost and local multipliers. |
(B) Depreciation, for purposes of calculating the |
estimated fair market value of buildings on the |
property, is applied by utilizing a weighted mean life |
for the buildings based on original construction and |
assuming a 40-year life for hospital buildings and the |
applicable life for other types of buildings as |
specified in the American Hospital Association |
publication "Estimated Useful Lives of Depreciable |
Hospital Assets". In the case of hospital buildings, |
the remaining life is divided by 40 and this ratio is |
multiplied by the replacement cost of the buildings to |
obtain an estimated fair market value of buildings. If |
a hospital building is older than 35 years, a remaining |
life of 5 years for residual value is assumed; and if a |
|
building is less than 8 years old, a remaining life of |
32 years is assumed. |
(C) The estimated assessed value of the land |
portion of the property shall be determined by |
multiplying (i) the per square foot average of the |
assessed values of three parcels of land (not including |
farm land, and excluding the assessed value of the |
improvements thereon) reasonably comparable to the |
property, by (ii) the number of square feet comprising |
the exempt portion of the property's land square |
footage. |
(3) The assessment factor, State equalization rate, |
and tax rate (including any special factors such as |
Enterprise Zones) used in calculating the estimated |
property tax liability shall be for the most recent year |
that is publicly available from the applicable chief county |
assessment officer or officers at least 90 days before the |
end of the hospital year. |
(4) The method utilized to calculate estimated |
property tax liability for purposes of this Section 15-86 |
shall not be utilized for the actual valuation, assessment, |
or taxation of property pursuant to the Property Tax Code. |
(h) Application. Each hospital applicant applying for a |
property tax exemption pursuant to Section 15-5 and this |
Section shall use an application form provided by the |
Department. The application form shall specify the records |
|
required in support of the application and those records shall |
be submitted to the Department with the application form. Each |
application or affidavit shall contain a verification by the |
Chief Executive Officer of the hospital applicant under oath or |
affirmation stating that each statement in the application or |
affidavit and each document submitted with the application or |
affidavit are true and correct. The records submitted with the |
application pursuant to this Section shall include an exhibit |
prepared by the relevant hospital entity showing (A) the value |
of the relevant hospital entity's services and activities, if |
any, under paragraphs (1) through (7) of subsection (e) of this |
Section stated separately for each paragraph, and (B) the value |
relating to the relevant hospital entity's estimated property |
tax liability under subsections (g)(1)(A), (B), and (C), |
subsections (g)(2)(A), (B), and (C), and subsection (g)(3) of |
this Section stated separately for each item. Such exhibit will |
be made available to the public by the chief county assessment |
officer. Nothing in this Section shall be construed as limiting |
the Attorney General's authority under the Illinois False |
Claims Act. |
(i) Nothing in this Section shall be construed to limit the |
ability of otherwise eligible hospitals, hospital owners, |
hospital affiliates, or hospital systems to obtain or maintain |
property tax exemptions pursuant to a provision of the Property |
Tax Code other than this Section.
|
(Source: P.A. 97-688, eff. 6-14-12.)
|
|
(35 ILCS 200/15-165)
|
Sec. 15-165. Veterans with disabilities Disabled veterans . |
Property up to an assessed value of $100,000,
owned and used |
exclusively by a veteran with a disability disabled veteran , or |
the spouse or unmarried
surviving spouse of the veteran, as a |
home, is exempt. As used in this
Section, a "veteran with a |
disability" disabled veteran means a person who has served in |
the Armed Forces
of the United States and whose disability is |
of such a nature that the Federal
Government has authorized |
payment for purchase or construction of Specially
Adapted |
Housing as set forth in the United States Code, Title 38, |
Chapter 21,
Section 2101.
|
The exemption applies to housing where Federal funds have |
been used to
purchase or construct special adaptations to suit |
the veteran's disability.
|
The exemption also applies to housing that is specially |
adapted to suit the
veteran's disability, and purchased |
entirely or in part by the proceeds of a
sale, casualty loss |
reimbursement, or other transfer of a home for which the
|
Federal Government had previously authorized payment for |
purchase or
construction as Specially Adapted Housing.
|
However, the entire proceeds of the sale, casualty loss |
reimbursement, or
other transfer of that housing shall be |
applied to the acquisition of
subsequent specially adapted |
housing to the extent that the proceeds equal the
purchase |
|
price of the subsequently acquired housing.
|
Beginning with the 2015 tax year, the exemption also |
applies to housing that is specifically constructed or adapted |
to suit a qualifying veteran's disability if the housing or |
adaptations are donated by a charitable organization, the |
veteran has been approved to receive funds for the purchase or |
construction of Specially Adapted Housing under Title 38, |
Chapter 21, Section 2101 of the United States Code, and the |
home has been inspected and certified by a licensed home |
inspector to be in compliance with applicable standards set |
forth in U.S. Department of Veterans Affairs, Veterans Benefits |
Administration Pamphlet 26-13 Handbook for Design of Specially |
Adapted Housing. |
For purposes of this Section, "charitable organization" |
means any benevolent, philanthropic, patriotic,
or |
eleemosynary entity that solicits and
collects funds for |
charitable purposes and includes each local, county, or
area |
division of that charitable organization. |
For purposes of this Section, "unmarried surviving spouse" |
means the
surviving spouse of the veteran at any time after the |
death of the veteran
during which such surviving spouse is not |
married.
|
This exemption must be reestablished on an annual basis by
|
certification from the Illinois Department of Veterans' |
Affairs to the
Department, which shall forward a copy of the |
certification to local
assessing officials.
|
|
A taxpayer who claims an exemption under Section 15-168 or |
15-169 may not claim an exemption under this Section.
|
(Source: P.A. 98-1145, eff. 12-30-14.)
|
(35 ILCS 200/15-168) |
Sec. 15-168. Homestead exemption for persons with |
disabilities Disabled persons' homestead exemption . |
(a) Beginning with taxable year 2007, an
annual homestead |
exemption is granted to persons with disabilities disabled |
persons in
the amount of $2,000, except as provided in |
subsection (c), to
be deducted from the property's value as |
equalized or assessed
by the Department of Revenue. The person |
with a disability disabled person shall receive
the homestead |
exemption upon meeting the following
requirements: |
(1) The property must be occupied as the primary |
residence by the person with a disability disabled person . |
(2) The person with a disability disabled person must |
be liable for paying the
real estate taxes on the property. |
(3) The person with a disability disabled person must |
be an owner of record of
the property or have a legal or |
equitable interest in the
property as evidenced by a |
written instrument. In the case
of a leasehold interest in |
property, the lease must be for
a single family residence. |
A person who has a disability is disabled during the |
taxable year
is eligible to apply for this homestead exemption |
during that
taxable year. Application must be made during the
|
|
application period in effect for the county of residence. If a
|
homestead exemption has been granted under this Section and the
|
person awarded the exemption subsequently becomes a resident of
|
a facility licensed under the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or the |
ID/DD Community Care Act, then the
exemption shall continue (i) |
so long as the residence continues
to be occupied by the |
qualifying person's spouse or (ii) if the
residence remains |
unoccupied but is still owned by the person
qualified for the |
homestead exemption. |
(b) For the purposes of this Section, " person with a |
disability disabled person "
means a person unable to engage in |
any substantial gainful activity by reason of a medically |
determinable physical or mental impairment which can be |
expected to result in death or has lasted or can be expected to |
last for a continuous period of not less than 12 months. |
Persons with disabilities Disabled persons filing claims under |
this Act shall submit proof of disability in such form and |
manner as the Department shall by rule and regulation |
prescribe. Proof that a claimant is eligible to receive |
disability benefits under the Federal Social Security Act shall |
constitute proof of disability for purposes of this Act. |
Issuance of an Illinois Person with a Disability Identification |
Card stating that the claimant is under a Class 2 disability, |
as defined in Section 4A of the Illinois Identification Card |
Act, shall constitute proof that the person named thereon is a |
|
person with a disability disabled person for purposes of this |
Act. A person with a disability disabled person not covered |
under the Federal Social Security Act and not presenting an |
Illinois Person with a Disability Identification Card stating |
that the claimant is under a Class 2 disability shall be |
examined by a physician designated by the Department, and his |
status as a person with a disability disabled person determined |
using the same standards as used by the Social Security |
Administration. The costs of any required examination shall be |
borne by the claimant. |
(c) For land improved with (i) an apartment building owned
|
and operated as a cooperative or (ii) a life care facility as
|
defined under Section 2 of the Life Care Facilities Act that is
|
considered to be a cooperative, the maximum reduction from the
|
value of the property, as equalized or assessed by the
|
Department, shall be multiplied by the number of apartments or
|
units occupied by a person with a disability disabled person . |
The person with a disability disabled person shall
receive the |
homestead exemption upon meeting the following
requirements: |
(1) The property must be occupied as the primary |
residence by the
person with a disability disabled person . |
(2) The person with a disability disabled person must |
be liable by contract with
the owner or owners of record |
for paying the apportioned
property taxes on the property |
of the cooperative or life
care facility. In the case of a |
life care facility, the
person with a disability disabled |
|
person must be liable for paying the apportioned
property |
taxes under a life care contract as defined in Section 2 of |
the Life Care Facilities Act. |
(3) The person with a disability disabled person must |
be an owner of record of a
legal or equitable interest in |
the cooperative apartment
building. A leasehold interest |
does not meet this
requirement.
|
If a homestead exemption is granted under this subsection, the
|
cooperative association or management firm shall credit the
|
savings resulting from the exemption to the apportioned tax
|
liability of the qualifying person with a disability disabled |
person . The chief county
assessment officer may request |
reasonable proof that the
association or firm has properly |
credited the exemption. A
person who willfully refuses to |
credit an exemption to the
qualified person with a disability |
disabled person is guilty of a Class B misdemeanor.
|
(d) The chief county assessment officer shall determine the
|
eligibility of property to receive the homestead exemption
|
according to guidelines established by the Department. After a
|
person has received an exemption under this Section, an annual
|
verification of eligibility for the exemption shall be mailed
|
to the taxpayer. |
In counties with fewer than 3,000,000 inhabitants, the |
chief county assessment officer shall provide to each
person |
granted a homestead exemption under this Section a form
to |
designate any other person to receive a duplicate of any
notice |
|
of delinquency in the payment of taxes assessed and
levied |
under this Code on the person's qualifying property. The
|
duplicate notice shall be in addition to the notice required to
|
be provided to the person receiving the exemption and shall be |
given in the manner required by this Code. The person filing
|
the request for the duplicate notice shall pay an
|
administrative fee of $5 to the chief county assessment
|
officer. The assessment officer shall then file the executed
|
designation with the county collector, who shall issue the
|
duplicate notices as indicated by the designation. A
|
designation may be rescinded by the person with a disability |
disabled person in the
manner required by the chief county |
assessment officer. |
(e) A taxpayer who claims an exemption under Section 15-165 |
or 15-169 may not claim an exemption under this Section.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
|
(35 ILCS 200/15-169) |
Sec. 15-169. Homestead exemption for veterans with |
disabilities Disabled veterans standard homestead exemption . |
(a) Beginning with taxable year 2007, an annual homestead |
exemption, limited to the amounts set forth in subsection (b), |
is granted for property that is used as a qualified residence |
by a veteran with a disability disabled veteran . |
(b) The amount of the exemption under this Section is as |
|
follows: |
(1) for veterans with a service-connected disability |
of at least (i) 75% for exemptions granted in taxable years |
2007 through 2009 and (ii) 70% for exemptions granted in |
taxable year 2010 and each taxable year thereafter, as |
certified by the United States Department of Veterans |
Affairs, the annual exemption is $5,000; and |
(2) for veterans with a service-connected disability |
of at least 50%, but less than (i) 75% for exemptions |
granted in taxable years 2007 through 2009 and (ii) 70% for |
exemptions granted in taxable year 2010 and each taxable |
year thereafter, as certified by the United States |
Department of Veterans Affairs, the annual exemption is |
$2,500. |
(b-5) If a homestead exemption is granted under this |
Section and the person awarded the exemption subsequently |
becomes a resident of a facility licensed under the Nursing |
Home Care Act or a facility operated by the United States |
Department of Veterans Affairs, then the exemption shall |
continue (i) so long as the residence continues to be occupied |
by the qualifying person's spouse or (ii) if the residence |
remains unoccupied but is still owned by the person who |
qualified for the homestead exemption. |
(c) The tax exemption under this Section carries over to |
the benefit of the veteran's
surviving spouse as long as the |
spouse holds the legal or
beneficial title to the homestead, |
|
permanently resides
thereon, and does not remarry. If the |
surviving spouse sells
the property, an exemption not to exceed |
the amount granted
from the most recent ad valorem tax roll may |
be transferred to
his or her new residence as long as it is |
used as his or her
primary residence and he or she does not |
remarry. |
(c-1) Beginning with taxable year 2015, nothing in this |
Section shall require the veteran to have qualified for or |
obtained the exemption before death if the veteran was killed |
in the line of duty. |
(d) The exemption under this Section applies for taxable |
year 2007 and thereafter. A taxpayer who claims an exemption |
under Section 15-165 or 15-168 may not claim an exemption under |
this Section. |
(e) Each taxpayer who has been granted an exemption under |
this Section must reapply on an annual basis. Application must |
be made during the application period
in effect for the county |
of his or her residence. The assessor
or chief county |
assessment officer may determine the
eligibility of |
residential property to receive the homestead
exemption |
provided by this Section by application, visual
inspection, |
questionnaire, or other reasonable methods. The
determination |
must be made in accordance with guidelines
established by the |
Department. |
(f) For the purposes of this Section: |
"Qualified residence" means real
property, but less any |
|
portion of that property that is used for
commercial purposes, |
with an equalized assessed value of less than $250,000 that is |
the primary residence of a veteran with a disability disabled |
veteran's primary residence . Property rented for more than 6 |
months is
presumed to be used for commercial purposes. |
"Veteran" means an Illinois resident who has served as a
|
member of the United States Armed Forces on active duty or
|
State active duty, a member of the Illinois National Guard, or
|
a member of the United States Reserve Forces and who has |
received an honorable discharge. |
(Source: P.A. 97-333, eff. 8-12-11; 98-1145, eff. 12-30-14.)
|
(35 ILCS 200/15-172)
|
Sec. 15-172. Senior Citizens Assessment Freeze Homestead |
Exemption.
|
(a) This Section may be cited as the Senior Citizens |
Assessment
Freeze Homestead Exemption.
|
(b) As used in this Section:
|
"Applicant" means an individual who has filed an |
application under this
Section.
|
"Base amount" means the base year equalized assessed value |
of the residence
plus the first year's equalized assessed value |
of any added improvements which
increased the assessed value of |
the residence after the base year.
|
"Base year" means the taxable year prior to the taxable |
year for which the
applicant first qualifies and applies for |
|
the exemption provided that in the
prior taxable year the |
property was improved with a permanent structure that
was |
occupied as a residence by the applicant who was liable for |
paying real
property taxes on the property and who was either |
(i) an owner of record of the
property or had legal or |
equitable interest in the property as evidenced by a
written |
instrument or (ii) had a legal or equitable interest as a |
lessee in the
parcel of property that was single family |
residence.
If in any subsequent taxable year for which the |
applicant applies and
qualifies for the exemption the equalized |
assessed value of the residence is
less than the equalized |
assessed value in the existing base year
(provided that such |
equalized assessed value is not
based
on an
assessed value that |
results from a temporary irregularity in the property that
|
reduces the
assessed value for one or more taxable years), then |
that
subsequent taxable year shall become the base year until a |
new base year is
established under the terms of this paragraph. |
For taxable year 1999 only, the
Chief County Assessment Officer |
shall review (i) all taxable years for which
the
applicant |
applied and qualified for the exemption and (ii) the existing |
base
year.
The assessment officer shall select as the new base |
year the year with the
lowest equalized assessed value.
An |
equalized assessed value that is based on an assessed value |
that results
from a
temporary irregularity in the property that |
reduces the assessed value for one
or more
taxable years shall |
not be considered the lowest equalized assessed value.
The |
|
selected year shall be the base year for
taxable year 1999 and |
thereafter until a new base year is established under the
terms |
of this paragraph.
|
"Chief County Assessment Officer" means the County |
Assessor or Supervisor of
Assessments of the county in which |
the property is located.
|
"Equalized assessed value" means the assessed value as |
equalized by the
Illinois Department of Revenue.
|
"Household" means the applicant, the spouse of the |
applicant, and all persons
using the residence of the applicant |
as their principal place of residence.
|
"Household income" means the combined income of the members |
of a household
for the calendar year preceding the taxable |
year.
|
"Income" has the same meaning as provided in Section 3.07 |
of the Senior
Citizens and Persons with Disabilities Disabled |
Persons Property Tax Relief
Act, except that, beginning in |
assessment year 2001, "income" does not
include veteran's |
benefits.
|
"Internal Revenue Code of 1986" means the United States |
Internal Revenue Code
of 1986 or any successor law or laws |
relating to federal income taxes in effect
for the year |
preceding the taxable year.
|
"Life care facility that qualifies as a cooperative" means |
a facility as
defined in Section 2 of the Life Care Facilities |
Act.
|
|
"Maximum income limitation" means: |
(1) $35,000 prior
to taxable year 1999; |
(2) $40,000 in taxable years 1999 through 2003; |
(3) $45,000 in taxable years 2004 through 2005; |
(4) $50,000 in taxable years 2006 and 2007; and |
(5) $55,000 in taxable year 2008 and thereafter.
|
"Residence" means the principal dwelling place and |
appurtenant structures
used for residential purposes in this |
State occupied on January 1 of the
taxable year by a household |
and so much of the surrounding land, constituting
the parcel |
upon which the dwelling place is situated, as is used for
|
residential purposes. If the Chief County Assessment Officer |
has established a
specific legal description for a portion of |
property constituting the
residence, then that portion of |
property shall be deemed the residence for the
purposes of this |
Section.
|
"Taxable year" means the calendar year during which ad |
valorem property taxes
payable in the next succeeding year are |
levied.
|
(c) Beginning in taxable year 1994, a senior citizens |
assessment freeze
homestead exemption is granted for real |
property that is improved with a
permanent structure that is |
occupied as a residence by an applicant who (i) is
65 years of |
age or older during the taxable year, (ii) has a household |
income that does not exceed the maximum income limitation, |
(iii) is liable for paying real property taxes on
the
property, |
|
and (iv) is an owner of record of the property or has a legal or
|
equitable interest in the property as evidenced by a written |
instrument. This
homestead exemption shall also apply to a |
leasehold interest in a parcel of
property improved with a |
permanent structure that is a single family residence
that is |
occupied as a residence by a person who (i) is 65 years of age |
or older
during the taxable year, (ii) has a household income |
that does not exceed the maximum income limitation,
(iii)
has a |
legal or equitable ownership interest in the property as |
lessee, and (iv)
is liable for the payment of real property |
taxes on that property.
|
In counties of 3,000,000 or more inhabitants, the amount of |
the exemption for all taxable years is the equalized assessed |
value of the
residence in the taxable year for which |
application is made minus the base
amount. In all other |
counties, the amount of the exemption is as follows: (i) |
through taxable year 2005 and for taxable year 2007 and |
thereafter, the amount of this exemption shall be the equalized |
assessed value of the
residence in the taxable year for which |
application is made minus the base
amount; and (ii) for
taxable |
year 2006, the amount of the exemption is as follows:
|
(1) For an applicant who has a household income of |
$45,000 or less, the amount of the exemption is the |
equalized assessed value of the
residence in the taxable |
year for which application is made minus the base
amount. |
(2) For an applicant who has a household income |
|
exceeding $45,000 but not exceeding $46,250, the amount of |
the exemption is (i) the equalized assessed value of the
|
residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.8. |
(3) For an applicant who has a household income |
exceeding $46,250 but not exceeding $47,500, the amount of |
the exemption is (i) the equalized assessed value of the
|
residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.6. |
(4) For an applicant who has a household income |
exceeding $47,500 but not exceeding $48,750, the amount of |
the exemption is (i) the equalized assessed value of the
|
residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.4. |
(5) For an applicant who has a household income |
exceeding $48,750 but not exceeding $50,000, the amount of |
the exemption is (i) the equalized assessed value of the
|
residence in the taxable year for which application is made |
minus the base
amount (ii) multiplied by 0.2.
|
When the applicant is a surviving spouse of an applicant |
for a prior year for
the same residence for which an exemption |
under this Section has been granted,
the base year and base |
amount for that residence are the same as for the
applicant for |
the prior year.
|
Each year at the time the assessment books are certified to |
the County Clerk,
the Board of Review or Board of Appeals shall |
|
give to the County Clerk a list
of the assessed values of |
improvements on each parcel qualifying for this
exemption that |
were added after the base year for this parcel and that
|
increased the assessed value of the property.
|
In the case of land improved with an apartment building |
owned and operated as
a cooperative or a building that is a |
life care facility that qualifies as a
cooperative, the maximum |
reduction from the equalized assessed value of the
property is |
limited to the sum of the reductions calculated for each unit
|
occupied as a residence by a person or persons (i) 65 years of |
age or older, (ii) with a
household income that does not exceed |
the maximum income limitation, (iii) who is liable, by contract |
with the
owner
or owners of record, for paying real property |
taxes on the property, and (iv) who is
an owner of record of a |
legal or equitable interest in the cooperative
apartment |
building, other than a leasehold interest. In the instance of a
|
cooperative where a homestead exemption has been granted under |
this Section,
the cooperative association or its management |
firm shall credit the savings
resulting from that exemption |
only to the apportioned tax liability of the
owner who |
qualified for the exemption. Any person who willfully refuses |
to
credit that savings to an owner who qualifies for the |
exemption is guilty of a
Class B misdemeanor.
|
When a homestead exemption has been granted under this |
Section and an
applicant then becomes a resident of a facility |
licensed under the Assisted Living and Shared Housing Act, the |
|
Nursing Home
Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, or the ID/DD Community Care Act, |
the exemption shall be granted in subsequent years so long as |
the
residence (i) continues to be occupied by the qualified |
applicant's spouse or
(ii) if remaining unoccupied, is still |
owned by the qualified applicant for the
homestead exemption.
|
Beginning January 1, 1997, when an individual dies who |
would have qualified
for an exemption under this Section, and |
the surviving spouse does not
independently qualify for this |
exemption because of age, the exemption under
this Section |
shall be granted to the surviving spouse for the taxable year
|
preceding and the taxable
year of the death, provided that, |
except for age, the surviving spouse meets
all
other |
qualifications for the granting of this exemption for those |
years.
|
When married persons maintain separate residences, the |
exemption provided for
in this Section may be claimed by only |
one of such persons and for only one
residence.
|
For taxable year 1994 only, in counties having less than |
3,000,000
inhabitants, to receive the exemption, a person shall |
submit an application by
February 15, 1995 to the Chief County |
Assessment Officer
of the county in which the property is |
located. In counties having 3,000,000
or more inhabitants, for |
taxable year 1994 and all subsequent taxable years, to
receive |
the exemption, a person
may submit an application to the Chief |
County
Assessment Officer of the county in which the property |
|
is located during such
period as may be specified by the Chief |
County Assessment Officer. The Chief
County Assessment Officer |
in counties of 3,000,000 or more inhabitants shall
annually |
give notice of the application period by mail or by |
publication. In
counties having less than 3,000,000 |
inhabitants, beginning with taxable year
1995 and thereafter, |
to receive the exemption, a person
shall
submit an
application |
by July 1 of each taxable year to the Chief County Assessment
|
Officer of the county in which the property is located. A |
county may, by
ordinance, establish a date for submission of |
applications that is
different than
July 1.
The applicant shall |
submit with the
application an affidavit of the applicant's |
total household income, age,
marital status (and if married the |
name and address of the applicant's spouse,
if known), and |
principal dwelling place of members of the household on January
|
1 of the taxable year. The Department shall establish, by rule, |
a method for
verifying the accuracy of affidavits filed by |
applicants under this Section, and the Chief County Assessment |
Officer may conduct audits of any taxpayer claiming an |
exemption under this Section to verify that the taxpayer is |
eligible to receive the exemption. Each application shall |
contain or be verified by a written declaration that it is made |
under the penalties of perjury. A taxpayer's signing a |
fraudulent application under this Act is perjury, as defined in |
Section 32-2 of the Criminal Code of 2012.
The applications |
shall be clearly marked as applications for the Senior
Citizens |
|
Assessment Freeze Homestead Exemption and must contain a notice |
that any taxpayer who receives the exemption is subject to an |
audit by the Chief County Assessment Officer.
|
Notwithstanding any other provision to the contrary, in |
counties having fewer
than 3,000,000 inhabitants, if an |
applicant fails
to file the application required by this |
Section in a timely manner and this
failure to file is due to a |
mental or physical condition sufficiently severe so
as to |
render the applicant incapable of filing the application in a |
timely
manner, the Chief County Assessment Officer may extend |
the filing deadline for
a period of 30 days after the applicant |
regains the capability to file the
application, but in no case |
may the filing deadline be extended beyond 3
months of the |
original filing deadline. In order to receive the extension
|
provided in this paragraph, the applicant shall provide the |
Chief County
Assessment Officer with a signed statement from |
the applicant's physician
stating the nature and extent of the |
condition, that, in the
physician's opinion, the condition was |
so severe that it rendered the applicant
incapable of filing |
the application in a timely manner, and the date on which
the |
applicant regained the capability to file the application.
|
Beginning January 1, 1998, notwithstanding any other |
provision to the
contrary, in counties having fewer than |
3,000,000 inhabitants, if an applicant
fails to file the |
application required by this Section in a timely manner and
|
this failure to file is due to a mental or physical condition |
|
sufficiently
severe so as to render the applicant incapable of |
filing the application in a
timely manner, the Chief County |
Assessment Officer may extend the filing
deadline for a period |
of 3 months. In order to receive the extension provided
in this |
paragraph, the applicant shall provide the Chief County |
Assessment
Officer with a signed statement from the applicant's |
physician stating the
nature and extent of the condition, and |
that, in the physician's opinion, the
condition was so severe |
that it rendered the applicant incapable of filing the
|
application in a timely manner.
|
In counties having less than 3,000,000 inhabitants, if an |
applicant was
denied an exemption in taxable year 1994 and the |
denial occurred due to an
error on the part of an assessment
|
official, or his or her agent or employee, then beginning in |
taxable year 1997
the
applicant's base year, for purposes of |
determining the amount of the exemption,
shall be 1993 rather |
than 1994. In addition, in taxable year 1997, the
applicant's |
exemption shall also include an amount equal to (i) the amount |
of
any exemption denied to the applicant in taxable year 1995 |
as a result of using
1994, rather than 1993, as the base year, |
(ii) the amount of any exemption
denied to the applicant in |
taxable year 1996 as a result of using 1994, rather
than 1993, |
as the base year, and (iii) the amount of the exemption |
erroneously
denied for taxable year 1994.
|
For purposes of this Section, a person who will be 65 years |
of age during the
current taxable year shall be eligible to |
|
apply for the homestead exemption
during that taxable year. |
Application shall be made during the application
period in |
effect for the county of his or her residence.
|
The Chief County Assessment Officer may determine the |
eligibility of a life
care facility that qualifies as a |
cooperative to receive the benefits
provided by this Section by |
use of an affidavit, application, visual
inspection, |
questionnaire, or other reasonable method in order to insure |
that
the tax savings resulting from the exemption are credited |
by the management
firm to the apportioned tax liability of each |
qualifying resident. The Chief
County Assessment Officer may |
request reasonable proof that the management firm
has so |
credited that exemption.
|
Except as provided in this Section, all information |
received by the chief
county assessment officer or the |
Department from applications filed under this
Section, or from |
any investigation conducted under the provisions of this
|
Section, shall be confidential, except for official purposes or
|
pursuant to official procedures for collection of any State or |
local tax or
enforcement of any civil or criminal penalty or |
sanction imposed by this Act or
by any statute or ordinance |
imposing a State or local tax. Any person who
divulges any such |
information in any manner, except in accordance with a proper
|
judicial order, is guilty of a Class A misdemeanor.
|
Nothing contained in this Section shall prevent the |
Director or chief county
assessment officer from publishing or |
|
making available reasonable statistics
concerning the |
operation of the exemption contained in this Section in which
|
the contents of claims are grouped into aggregates in such a |
way that
information contained in any individual claim shall |
not be disclosed.
|
(d) Each Chief County Assessment Officer shall annually |
publish a notice
of availability of the exemption provided |
under this Section. The notice
shall be published at least 60 |
days but no more than 75 days prior to the date
on which the |
application must be submitted to the Chief County Assessment
|
Officer of the county in which the property is located. The |
notice shall
appear in a newspaper of general circulation in |
the county.
|
Notwithstanding Sections 6 and 8 of the State Mandates Act, |
no reimbursement by the State is required for the |
implementation of any mandate created by this Section.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689, |
eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; |
98-104, eff. 7-22-13.)
|
(35 ILCS 200/15-175)
|
Sec. 15-175. General homestead exemption. |
(a) Except as provided in Sections 15-176 and 15-177, |
homestead
property is
entitled to an annual homestead exemption |
limited, except as described here
with relation to |
cooperatives, to a reduction in the equalized assessed value
of |
|
homestead property equal to the increase in equalized assessed |
value for the
current assessment year above the equalized |
assessed value of the property for
1977, up to the maximum |
reduction set forth below. If however, the 1977
equalized |
assessed value upon which taxes were paid is subsequently |
determined
by local assessing officials, the Property Tax |
Appeal Board, or a court to have
been excessive, the equalized |
assessed value which should have been placed on
the property |
for 1977 shall be used to determine the amount of the |
exemption.
|
(b) Except as provided in Section 15-176, the maximum |
reduction before taxable year 2004 shall be
$4,500 in counties |
with 3,000,000 or more
inhabitants
and $3,500 in all other |
counties. Except as provided in Sections 15-176 and 15-177, for |
taxable years 2004 through 2007, the maximum reduction shall be |
$5,000, for taxable year 2008, the maximum reduction is $5,500, |
and, for taxable years 2009 through 2011, the maximum reduction |
is $6,000 in all counties. For taxable years 2012 and |
thereafter, the maximum reduction is $7,000 in counties with |
3,000,000 or more
inhabitants
and $6,000 in all other counties. |
If a county has elected to subject itself to the provisions of |
Section 15-176 as provided in subsection (k) of that Section, |
then, for the first taxable year only after the provisions of |
Section 15-176 no longer apply, for owners who, for the taxable |
year, have not been granted a senior citizens assessment freeze |
homestead exemption under Section 15-172 or a long-time |
|
occupant homestead exemption under Section 15-177, there shall |
be an additional exemption of $5,000 for owners with a |
household income of $30,000 or less.
|
(c) In counties with fewer than 3,000,000 inhabitants, if, |
based on the most
recent assessment, the equalized assessed |
value of
the homestead property for the current assessment year |
is greater than the
equalized assessed value of the property |
for 1977, the owner of the property
shall automatically receive |
the exemption granted under this Section in an
amount equal to |
the increase over the 1977 assessment up to the maximum
|
reduction set forth in this Section.
|
(d) If in any assessment year beginning with the 2000 |
assessment year,
homestead property has a pro-rata valuation |
under
Section 9-180 resulting in an increase in the assessed |
valuation, a reduction
in equalized assessed valuation equal to |
the increase in equalized assessed
value of the property for |
the year of the pro-rata valuation above the
equalized assessed |
value of the property for 1977 shall be applied to the
property |
on a proportionate basis for the period the property qualified |
as
homestead property during the assessment year. The maximum |
proportionate
homestead exemption shall not exceed the maximum |
homestead exemption allowed in
the county under this Section |
divided by 365 and multiplied by the number of
days the |
property qualified as homestead property.
|
(e) The chief county assessment officer may, when |
considering whether to grant a leasehold exemption under this |
|
Section, require the following conditions to be met: |
(1) that a notarized application for the exemption, |
signed by both the owner and the lessee of the property, |
must be submitted each year during the application period |
in effect for the county in which the property is located; |
(2) that a copy of the lease must be filed with the |
chief county assessment officer by the owner of the |
property at the time the notarized application is |
submitted; |
(3) that the lease must expressly state that the lessee |
is liable for the payment of property taxes; and |
(4) that the lease must include the following language |
in substantially the following form: |
"Lessee shall be liable for the payment of real |
estate taxes with respect to the residence in |
accordance with the terms and conditions of Section |
15-175 of the Property Tax Code (35 ILCS 200/15-175). |
The permanent real estate index number for the premises |
is (insert number), and, according to the most recent |
property tax bill, the current amount of real estate |
taxes associated with the premises is (insert amount) |
per year. The parties agree that the monthly rent set |
forth above shall be increased or decreased pro rata |
(effective January 1 of each calendar year) to reflect |
any increase or decrease in real estate taxes. Lessee |
shall be deemed to be satisfying Lessee's liability for |
|
the above mentioned real estate taxes with the monthly |
rent payments as set forth above (or increased or |
decreased as set forth herein).". |
In addition, if there is a change in lessee, or if the |
lessee vacates the property, then the chief county assessment |
officer may require the owner of the property to notify the |
chief county assessment officer of that change. |
This subsection (e) does not apply to leasehold interests |
in property owned by a municipality. |
(f) "Homestead property" under this Section includes |
residential property that is
occupied by its owner or owners as |
his or their principal dwelling place, or
that is a leasehold |
interest on which a single family residence is situated,
which |
is occupied as a residence by a person who has an ownership |
interest
therein, legal or equitable or as a lessee, and on |
which the person is
liable for the payment of property taxes. |
For land improved with
an apartment building owned and operated |
as a cooperative or a building which
is a life care facility as |
defined in Section 15-170 and considered to
be a cooperative |
under Section 15-170, the maximum reduction from the equalized
|
assessed value shall be limited to the increase in the value |
above the
equalized assessed value of the property for 1977, up |
to
the maximum reduction set forth above, multiplied by the |
number of apartments
or units occupied by a person or persons |
who is liable, by contract with the
owner or owners of record, |
for paying property taxes on the property and is an
owner of |
|
record of a legal or equitable interest in the cooperative
|
apartment building, other than a leasehold interest. For |
purposes of this
Section, the term "life care facility" has the |
meaning stated in Section
15-170.
|
"Household", as used in this Section,
means the owner, the |
spouse of the owner, and all persons using
the
residence of the |
owner as their principal place of residence.
|
"Household income", as used in this Section,
means the |
combined income of the members of a household
for the calendar |
year preceding the taxable year.
|
"Income", as used in this Section,
has the same meaning as |
provided in Section 3.07 of the Senior
Citizens
and Persons |
with Disabilities Disabled Persons Property Tax Relief Act,
|
except that
"income" does not include veteran's benefits.
|
(g) In a cooperative where a homestead exemption has been |
granted, the
cooperative association or its management firm |
shall credit the savings
resulting from that exemption only to |
the apportioned tax liability of the
owner who qualified for |
the exemption. Any person who willfully refuses to so
credit |
the savings shall be guilty of a Class B misdemeanor.
|
(h) Where married persons maintain and reside in separate |
residences qualifying
as homestead property, each residence |
shall receive 50% of the total reduction
in equalized assessed |
valuation provided by this Section.
|
(i) In all counties, the assessor
or chief county |
assessment officer may determine the
eligibility of |
|
residential property to receive the homestead exemption and the |
amount of the exemption by
application, visual inspection, |
questionnaire or other reasonable methods. The
determination |
shall be made in accordance with guidelines established by the
|
Department, provided that the taxpayer applying for an |
additional general exemption under this Section shall submit to |
the chief county assessment officer an application with an |
affidavit of the applicant's total household income, age, |
marital status (and, if married, the name and address of the |
applicant's spouse, if known), and principal dwelling place of |
members of the household on January 1 of the taxable year. The |
Department shall issue guidelines establishing a method for |
verifying the accuracy of the affidavits filed by applicants |
under this paragraph. The applications shall be clearly marked |
as applications for the Additional General Homestead |
Exemption.
|
(j) In counties with fewer than 3,000,000 inhabitants, in |
the event of a sale
of
homestead property the homestead |
exemption shall remain in effect for the
remainder of the |
assessment year of the sale. The assessor or chief county
|
assessment officer may require the new
owner of the property to |
apply for the homestead exemption for the following
assessment |
year.
|
(k) Notwithstanding Sections 6 and 8 of the State Mandates |
Act, no reimbursement by the State is required for the |
implementation of any mandate created by this Section.
|
|
(Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12; |
98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)
|
(35 ILCS 200/18-185)
|
Sec. 18-185. Short title; definitions. This Division 5 may |
be cited as the
Property Tax Extension Limitation Law. As used |
in this Division 5:
|
"Consumer Price Index" means the Consumer Price Index for |
All Urban
Consumers for all items published by the United |
States Department of Labor.
|
"Extension limitation" means (a) the lesser of 5% or the |
percentage increase
in the Consumer Price Index during the |
12-month calendar year preceding the
levy year or (b) the rate |
of increase approved by voters under Section 18-205.
|
"Affected county" means a county of 3,000,000 or more |
inhabitants or a
county contiguous to a county of 3,000,000 or |
more inhabitants.
|
"Taxing district" has the same meaning provided in Section |
1-150, except as
otherwise provided in this Section. For the |
1991 through 1994 levy years only,
"taxing district" includes |
only each non-home rule taxing district having the
majority of |
its
1990 equalized assessed value within any county or counties |
contiguous to a
county with 3,000,000 or more inhabitants. |
Beginning with the 1995 levy
year, "taxing district" includes |
only each non-home rule taxing district
subject to this Law |
before the 1995 levy year and each non-home rule
taxing |
|
district not subject to this Law before the 1995 levy year |
having the
majority of its 1994 equalized assessed value in an |
affected county or
counties. Beginning with the levy year in
|
which this Law becomes applicable to a taxing district as
|
provided in Section 18-213, "taxing district" also includes |
those taxing
districts made subject to this Law as provided in |
Section 18-213.
|
"Aggregate extension" for taxing districts to which this |
Law applied before
the 1995 levy year means the annual |
corporate extension for the taxing
district and those special |
purpose extensions that are made annually for
the taxing |
district, excluding special purpose extensions: (a) made for |
the
taxing district to pay interest or principal on general |
obligation bonds
that were approved by referendum; (b) made for |
any taxing district to pay
interest or principal on general |
obligation bonds issued before October 1,
1991; (c) made for |
any taxing district to pay interest or principal on bonds
|
issued to refund or continue to refund those bonds issued |
before October 1,
1991; (d)
made for any taxing district to pay |
interest or principal on bonds
issued to refund or continue to |
refund bonds issued after October 1, 1991 that
were approved by |
referendum; (e)
made for any taxing district to pay interest
or |
principal on revenue bonds issued before October 1, 1991 for |
payment of
which a property tax levy or the full faith and |
credit of the unit of local
government is pledged; however, a |
tax for the payment of interest or principal
on those bonds |
|
shall be made only after the governing body of the unit of |
local
government finds that all other sources for payment are |
insufficient to make
those payments; (f) made for payments |
under a building commission lease when
the lease payments are |
for the retirement of bonds issued by the commission
before |
October 1, 1991, to pay for the building project; (g) made for |
payments
due under installment contracts entered into before |
October 1, 1991;
(h) made for payments of principal and |
interest on bonds issued under the
Metropolitan Water |
Reclamation District Act to finance construction projects
|
initiated before October 1, 1991; (i) made for payments of |
principal and
interest on limited bonds, as defined in Section |
3 of the Local Government Debt
Reform Act, in an amount not to |
exceed the debt service extension base less
the amount in items |
(b), (c), (e), and (h) of this definition for
non-referendum |
obligations, except obligations initially issued pursuant to
|
referendum; (j) made for payments of principal and interest on |
bonds
issued under Section 15 of the Local Government Debt |
Reform Act; (k)
made
by a school district that participates in |
the Special Education District of
Lake County, created by |
special education joint agreement under Section
10-22.31 of the |
School Code, for payment of the school district's share of the
|
amounts required to be contributed by the Special Education |
District of Lake
County to the Illinois Municipal Retirement |
Fund under Article 7 of the
Illinois Pension Code; the amount |
of any extension under this item (k) shall be
certified by the |
|
school district to the county clerk; (l) made to fund
expenses |
of providing joint recreational programs for persons with |
disabilities the handicapped under
Section 5-8 of
the
Park |
District Code or Section 11-95-14 of the Illinois Municipal |
Code; (m) made for temporary relocation loan repayment purposes |
pursuant to Sections 2-3.77 and 17-2.2d of the School Code; (n) |
made for payment of principal and interest on any bonds issued |
under the authority of Section 17-2.2d of the School Code; (o) |
made for contributions to a firefighter's pension fund created |
under Article 4 of the Illinois Pension Code, to the extent of |
the amount certified under item (5) of Section 4-134 of the |
Illinois Pension Code; and (p) made for road purposes in the |
first year after a township assumes the rights, powers, duties, |
assets, property, liabilities, obligations, and
|
responsibilities of a road district abolished under the |
provisions of Section 6-133 of the Illinois Highway Code.
|
"Aggregate extension" for the taxing districts to which |
this Law did not
apply before the 1995 levy year (except taxing |
districts subject to this Law
in
accordance with Section |
18-213) means the annual corporate extension for the
taxing |
district and those special purpose extensions that are made |
annually for
the taxing district, excluding special purpose |
extensions: (a) made for the
taxing district to pay interest or |
principal on general obligation bonds that
were approved by |
referendum; (b) made for any taxing district to pay interest
or |
principal on general obligation bonds issued before March 1, |
|
1995; (c) made
for any taxing district to pay interest or |
principal on bonds issued to refund
or continue to refund those |
bonds issued before March 1, 1995; (d) made for any
taxing |
district to pay interest or principal on bonds issued to refund |
or
continue to refund bonds issued after March 1, 1995 that |
were approved by
referendum; (e) made for any taxing district |
to pay interest or principal on
revenue bonds issued before |
March 1, 1995 for payment of which a property tax
levy or the |
full faith and credit of the unit of local government is |
pledged;
however, a tax for the payment of interest or |
principal on those bonds shall be
made only after the governing |
body of the unit of local government finds that
all other |
sources for payment are insufficient to make those payments; |
(f) made
for payments under a building commission lease when |
the lease payments are for
the retirement of bonds issued by |
the commission before March 1, 1995 to
pay for the building |
project; (g) made for payments due under installment
contracts |
entered into before March 1, 1995; (h) made for payments of
|
principal and interest on bonds issued under the Metropolitan |
Water Reclamation
District Act to finance construction |
projects initiated before October 1,
1991; (h-4) made for |
stormwater management purposes by the Metropolitan Water |
Reclamation District of Greater Chicago under Section 12 of the |
Metropolitan Water Reclamation District Act; (i) made for |
payments of principal and interest on limited bonds,
as defined |
in Section 3 of the Local Government Debt Reform Act, in an |
|
amount
not to exceed the debt service extension base less the |
amount in items (b),
(c), and (e) of this definition for |
non-referendum obligations, except
obligations initially |
issued pursuant to referendum and bonds described in
subsection |
(h) of this definition; (j) made for payments of
principal and |
interest on bonds issued under Section 15 of the Local |
Government
Debt Reform Act; (k) made for payments of principal |
and interest on bonds
authorized by Public Act 88-503 and |
issued under Section 20a of the Chicago
Park District Act for |
aquarium or
museum projects; (l) made for payments of principal |
and interest on
bonds
authorized by Public Act 87-1191 or |
93-601 and (i) issued pursuant to Section 21.2 of the Cook |
County Forest
Preserve District Act, (ii) issued under Section |
42 of the Cook County
Forest Preserve District Act for |
zoological park projects, or (iii) issued
under Section 44.1 of |
the Cook County Forest Preserve District Act for
botanical |
gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
School Code, whether levied annually or not;
(n) made to fund |
expenses of providing joint recreational programs for persons |
with disabilities the
handicapped under Section 5-8 of the Park
|
District Code or Section 11-95-14 of the Illinois Municipal |
Code;
(o) made by the
Chicago Park
District for recreational |
programs for persons with disabilities the handicapped under |
subsection (c) of
Section
7.06 of the Chicago Park District |
Act; (p) made for contributions to a firefighter's pension fund |
created under Article 4 of the Illinois Pension Code, to the |
|
extent of the amount certified under item (5) of Section 4-134 |
of the Illinois Pension Code; and (q) made by Ford Heights |
School District 169 under Section 17-9.02 of the School Code.
|
"Aggregate extension" for all taxing districts to which |
this Law applies in
accordance with Section 18-213, except for |
those taxing districts subject to
paragraph (2) of subsection |
(e) of Section 18-213, means the annual corporate
extension for |
the
taxing district and those special purpose extensions that |
are made annually for
the taxing district, excluding special |
purpose extensions: (a) made for the
taxing district to pay |
interest or principal on general obligation bonds that
were |
approved by referendum; (b) made for any taxing district to pay |
interest
or principal on general obligation bonds issued before |
the date on which the
referendum making this
Law applicable to |
the taxing district is held; (c) made
for any taxing district |
to pay interest or principal on bonds issued to refund
or |
continue to refund those bonds issued before the date on which |
the
referendum making this Law
applicable to the taxing |
district is held;
(d) made for any
taxing district to pay |
interest or principal on bonds issued to refund or
continue to |
refund bonds issued after the date on which the referendum |
making
this Law
applicable to the taxing district is held if |
the bonds were approved by
referendum after the date on which |
the referendum making this Law
applicable to the taxing |
district is held; (e) made for any
taxing district to pay |
interest or principal on
revenue bonds issued before the date |
|
on which the referendum making this Law
applicable to the
|
taxing district is held for payment of which a property tax
|
levy or the full faith and credit of the unit of local |
government is pledged;
however, a tax for the payment of |
interest or principal on those bonds shall be
made only after |
the governing body of the unit of local government finds that
|
all other sources for payment are insufficient to make those |
payments; (f) made
for payments under a building commission |
lease when the lease payments are for
the retirement of bonds |
issued by the commission before the date on which the
|
referendum making this
Law applicable to the taxing district is |
held to
pay for the building project; (g) made for payments due |
under installment
contracts entered into before the date on |
which the referendum making this Law
applicable to
the taxing |
district is held;
(h) made for payments
of principal and |
interest on limited bonds,
as defined in Section 3 of the Local |
Government Debt Reform Act, in an amount
not to exceed the debt |
service extension base less the amount in items (b),
(c), and |
(e) of this definition for non-referendum obligations, except
|
obligations initially issued pursuant to referendum; (i) made |
for payments
of
principal and interest on bonds issued under |
Section 15 of the Local Government
Debt Reform Act;
(j)
made |
for a qualified airport authority to pay interest or principal |
on
general obligation bonds issued for the purpose of paying |
obligations due
under, or financing airport facilities |
required to be acquired, constructed,
installed or equipped |
|
pursuant to, contracts entered into before March
1, 1996 (but |
not including any amendments to such a contract taking effect |
on
or after that date); (k) made to fund expenses of providing |
joint
recreational programs for persons with disabilities the |
handicapped under Section 5-8 of
the
Park District Code or |
Section 11-95-14 of the Illinois Municipal Code; (l) made for |
contributions to a firefighter's pension fund created under |
Article 4 of the Illinois Pension Code, to the extent of the |
amount certified under item (5) of Section 4-134 of the |
Illinois Pension Code; and (m) made for the taxing district to |
pay interest or principal on general obligation bonds issued |
pursuant to Section 19-3.10 of the School Code.
|
"Aggregate extension" for all taxing districts to which |
this Law applies in
accordance with paragraph (2) of subsection |
(e) of Section 18-213 means the
annual corporate extension for |
the
taxing district and those special purpose extensions that |
are made annually for
the taxing district, excluding special |
purpose extensions: (a) made for the
taxing district to pay |
interest or principal on general obligation bonds that
were |
approved by referendum; (b) made for any taxing district to pay |
interest
or principal on general obligation bonds issued before |
the effective date of
this amendatory Act of 1997;
(c) made
for |
any taxing district to pay interest or principal on bonds |
issued to refund
or continue to refund those bonds issued |
before the effective date
of this amendatory Act of 1997;
(d) |
made for any
taxing district to pay interest or principal on |
|
bonds issued to refund or
continue to refund bonds issued after |
the effective date of this amendatory Act
of 1997 if the bonds |
were approved by referendum after the effective date of
this |
amendatory Act of 1997;
(e) made for any
taxing district to pay |
interest or principal on
revenue bonds issued before the |
effective date of this amendatory Act of 1997
for payment of |
which a property tax
levy or the full faith and credit of the |
unit of local government is pledged;
however, a tax for the |
payment of interest or principal on those bonds shall be
made |
only after the governing body of the unit of local government |
finds that
all other sources for payment are insufficient to |
make those payments; (f) made
for payments under a building |
commission lease when the lease payments are for
the retirement |
of bonds issued by the commission before the effective date
of |
this amendatory Act of 1997
to
pay for the building project; |
(g) made for payments due under installment
contracts entered |
into before the effective date of this amendatory Act of
1997;
|
(h) made for payments
of principal and interest on limited |
bonds,
as defined in Section 3 of the Local Government Debt |
Reform Act, in an amount
not to exceed the debt service |
extension base less the amount in items (b),
(c), and (e) of |
this definition for non-referendum obligations, except
|
obligations initially issued pursuant to referendum; (i) made |
for payments
of
principal and interest on bonds issued under |
Section 15 of the Local Government
Debt Reform Act;
(j)
made |
for a qualified airport authority to pay interest or principal |
|
on
general obligation bonds issued for the purpose of paying |
obligations due
under, or financing airport facilities |
required to be acquired, constructed,
installed or equipped |
pursuant to, contracts entered into before March
1, 1996 (but |
not including any amendments to such a contract taking effect |
on
or after that date); (k) made to fund expenses of providing |
joint
recreational programs for persons with disabilities the |
handicapped under Section 5-8 of
the
Park District Code or |
Section 11-95-14 of the Illinois Municipal Code; and (l) made |
for contributions to a firefighter's pension fund created under |
Article 4 of the Illinois Pension Code, to the extent of the |
amount certified under item (5) of Section 4-134 of the |
Illinois Pension Code.
|
"Debt service extension base" means an amount equal to that |
portion of the
extension for a taxing district for the 1994 |
levy year, or for those taxing
districts subject to this Law in |
accordance with Section 18-213, except for
those subject to |
paragraph (2) of subsection (e) of Section 18-213, for the
levy
|
year in which the referendum making this Law applicable to the |
taxing district
is held, or for those taxing districts subject |
to this Law in accordance with
paragraph (2) of subsection (e) |
of Section 18-213 for the 1996 levy year,
constituting an
|
extension for payment of principal and interest on bonds issued |
by the taxing
district without referendum, but not including |
excluded non-referendum bonds. For park districts (i) that were |
first
subject to this Law in 1991 or 1995 and (ii) whose |
|
extension for the 1994 levy
year for the payment of principal |
and interest on bonds issued by the park
district without |
referendum (but not including excluded non-referendum bonds)
|
was less than 51% of the amount for the 1991 levy year |
constituting an
extension for payment of principal and interest |
on bonds issued by the park
district without referendum (but |
not including excluded non-referendum bonds),
"debt service |
extension base" means an amount equal to that portion of the
|
extension for the 1991 levy year constituting an extension for |
payment of
principal and interest on bonds issued by the park |
district without referendum
(but not including excluded |
non-referendum bonds). A debt service extension base |
established or increased at any time pursuant to any provision |
of this Law, except Section 18-212, shall be increased each |
year commencing with the later of (i) the 2009 levy year or |
(ii) the first levy year in which this Law becomes applicable |
to the taxing district, by the lesser of 5% or the percentage |
increase in the Consumer Price Index during the 12-month |
calendar year preceding the levy year. The debt service |
extension
base may be established or increased as provided |
under Section 18-212.
"Excluded non-referendum bonds" means |
(i) bonds authorized by Public
Act 88-503 and issued under |
Section 20a of the Chicago Park District Act for
aquarium and |
museum projects; (ii) bonds issued under Section 15 of the
|
Local Government Debt Reform Act; or (iii) refunding |
obligations issued
to refund or to continue to refund |
|
obligations initially issued pursuant to
referendum.
|
"Special purpose extensions" include, but are not limited |
to, extensions
for levies made on an annual basis for |
unemployment and workers'
compensation, self-insurance, |
contributions to pension plans, and extensions
made pursuant to |
Section 6-601 of the Illinois Highway Code for a road
|
district's permanent road fund whether levied annually or not. |
The
extension for a special service area is not included in the
|
aggregate extension.
|
"Aggregate extension base" means the taxing district's |
last preceding
aggregate extension as adjusted under Sections |
18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
shall be made for the 2007 levy year and all subsequent levy |
years whenever one or more counties within which a taxing |
district is located (i) used estimated valuations or rates when |
extending taxes in the taxing district for the last preceding |
levy year that resulted in the over or under extension of |
taxes, or (ii) increased or decreased the tax extension for the |
last preceding levy year as required by Section 18-135(c). |
Whenever an adjustment is required under Section 18-135, the |
aggregate extension base of the taxing district shall be equal |
to the amount that the aggregate extension of the taxing |
district would have been for the last preceding levy year if |
either or both (i) actual, rather than estimated, valuations or |
rates had been used to calculate the extension of taxes for the |
last levy year, or (ii) the tax extension for the last |
|
preceding levy year had not been adjusted as required by |
subsection (c) of Section 18-135.
|
Notwithstanding any other provision of law, for levy year |
2012, the aggregate extension base for West Northfield School |
District No. 31 in Cook County shall be $12,654,592. |
"Levy year" has the same meaning as "year" under Section
|
1-155.
|
"New property" means (i) the assessed value, after final |
board of review or
board of appeals action, of new improvements |
or additions to existing
improvements on any parcel of real |
property that increase the assessed value of
that real property |
during the levy year multiplied by the equalization factor
|
issued by the Department under Section 17-30, (ii) the assessed |
value, after
final board of review or board of appeals action, |
of real property not exempt
from real estate taxation, which |
real property was exempt from real estate
taxation for any |
portion of the immediately preceding levy year, multiplied by
|
the equalization factor issued by the Department under Section |
17-30, including the assessed value, upon final stabilization |
of occupancy after new construction is complete, of any real |
property located within the boundaries of an otherwise or |
previously exempt military reservation that is intended for |
residential use and owned by or leased to a private corporation |
or other entity,
(iii) in counties that classify in accordance |
with Section 4 of Article
IX of the
Illinois Constitution, an |
incentive property's additional assessed value
resulting from |
|
a
scheduled increase in the level of assessment as applied to |
the first year
final board of
review market value, and (iv) any |
increase in assessed value due to oil or gas production from an |
oil or gas well required to be permitted under the Hydraulic |
Fracturing Regulatory Act that was not produced in or accounted |
for during the previous levy year.
In addition, the county |
clerk in a county containing a population of
3,000,000 or more |
shall include in the 1997
recovered tax increment value for any |
school district, any recovered tax
increment value that was |
applicable to the 1995 tax year calculations.
|
"Qualified airport authority" means an airport authority |
organized under
the Airport Authorities Act and located in a |
county bordering on the State of
Wisconsin and having a |
population in excess of 200,000 and not greater than
500,000.
|
"Recovered tax increment value" means, except as otherwise |
provided in this
paragraph, the amount of the current year's |
equalized assessed value, in the
first year after a |
municipality terminates
the designation of an area as a |
redevelopment project area previously
established under the |
Tax Increment Allocation Development Act in the Illinois
|
Municipal Code, previously established under the Industrial |
Jobs Recovery Law
in the Illinois Municipal Code, previously |
established under the Economic Development Project Area Tax |
Increment Act of 1995, or previously established under the |
Economic
Development Area Tax Increment Allocation Act, of each |
taxable lot, block,
tract, or parcel of real property in the |
|
redevelopment project area over and
above the initial equalized |
assessed value of each property in the
redevelopment project |
area.
For the taxes which are extended for the 1997 levy year, |
the recovered tax
increment value for a non-home rule taxing |
district that first became subject
to this Law for the 1995 |
levy year because a majority of its 1994 equalized
assessed |
value was in an affected county or counties shall be increased |
if a
municipality terminated the designation of an area in 1993 |
as a redevelopment
project area previously established under |
the Tax Increment Allocation
Development Act in the Illinois |
Municipal Code, previously established under
the Industrial |
Jobs Recovery Law in the Illinois Municipal Code, or previously
|
established under the Economic Development Area Tax Increment |
Allocation Act,
by an amount equal to the 1994 equalized |
assessed value of each taxable lot,
block, tract, or parcel of |
real property in the redevelopment project area over
and above |
the initial equalized assessed value of each property in the
|
redevelopment project area.
In the first year after a |
municipality
removes a taxable lot, block, tract, or parcel of |
real property from a
redevelopment project area established |
under the Tax Increment Allocation
Development Act in the |
Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
the Illinois Municipal Code, or the Economic
Development Area |
Tax Increment Allocation Act, "recovered tax increment value"
|
means the amount of the current year's equalized assessed value |
of each taxable
lot, block, tract, or parcel of real property |
|
removed from the redevelopment
project area over and above the |
initial equalized assessed value of that real
property before |
removal from the redevelopment project area.
|
Except as otherwise provided in this Section, "limiting |
rate" means a
fraction the numerator of which is the last
|
preceding aggregate extension base times an amount equal to one |
plus the
extension limitation defined in this Section and the |
denominator of which
is the current year's equalized assessed |
value of all real property in the
territory under the |
jurisdiction of the taxing district during the prior
levy year. |
For those taxing districts that reduced their aggregate
|
extension for the last preceding levy year, the highest |
aggregate extension
in any of the last 3 preceding levy years |
shall be used for the purpose of
computing the limiting rate. |
The denominator shall not include new
property or the recovered |
tax increment
value.
If a new rate, a rate decrease, or a |
limiting rate increase has been approved at an election held |
after March 21, 2006, then (i) the otherwise applicable |
limiting rate shall be increased by the amount of the new rate |
or shall be reduced by the amount of the rate decrease, as the |
case may be, or (ii) in the case of a limiting rate increase, |
the limiting rate shall be equal to the rate set forth
in the |
proposition approved by the voters for each of the years |
specified in the proposition, after
which the limiting rate of |
the taxing district shall be calculated as otherwise provided. |
In the case of a taxing district that obtained referendum |
|
approval for an increased limiting rate on March 20, 2012, the |
limiting rate for tax year 2012 shall be the rate that |
generates the approximate total amount of taxes extendable for |
that tax year, as set forth in the proposition approved by the |
voters; this rate shall be the final rate applied by the county |
clerk for the aggregate of all capped funds of the district for |
tax year 2012.
|
(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, |
eff. 3-29-13; 98-23, eff. 6-17-13.)
|
(35 ILCS 200/20-15)
|
Sec. 20-15. Information on bill or separate statement. |
There shall be
printed on each bill, or on a separate slip |
which shall be mailed with the
bill:
|
(a) a statement itemizing the rate at which taxes have |
been extended for
each of the taxing districts in the |
county in whose district the property is
located, and in |
those counties utilizing
electronic data processing |
equipment the dollar amount of tax due from the
person |
assessed allocable to each of those taxing districts, |
including a
separate statement of the dollar amount of tax |
due which is allocable to a tax
levied under the Illinois |
Local Library Act or to any other tax levied by a
|
municipality or township for public library purposes,
|
(b) a separate statement for each of the taxing |
districts of the dollar
amount of tax due which is |
|
allocable to a tax levied under the Illinois Pension
Code |
or to any other tax levied by a municipality or township |
for public
pension or retirement purposes,
|
(c) the total tax rate,
|
(d) the total amount of tax due, and
|
(e) the amount by which the total tax and the tax |
allocable to each taxing
district differs from the |
taxpayer's last prior tax bill.
|
The county treasurer shall ensure that only those taxing |
districts in
which a parcel of property is located shall be |
listed on the bill for that
property.
|
In all counties the statement shall also provide:
|
(1) the property index number or other suitable |
description,
|
(2) the assessment of the property,
|
(3) the statutory amount of each homestead exemption |
applied to the property, |
(4) the assessed value of the property after |
application of all homestead exemptions,
|
(5) the equalization factors imposed by the county and |
by the Department,
and
|
(6) the equalized assessment resulting from the |
application of the
equalization factors to the basic |
assessment.
|
In all counties which do not classify property for purposes |
of taxation, for
property on which a single family residence is |
|
situated the statement shall
also include a statement to |
reflect the fair cash value determined for the
property. In all |
counties which classify property for purposes of taxation in
|
accordance with Section 4 of Article IX of the Illinois |
Constitution, for
parcels of residential property in the lowest |
assessment classification the
statement shall also include a |
statement to reflect the fair cash value
determined for the |
property.
|
In all counties, the statement must include information |
that certain
taxpayers may be eligible for tax exemptions, |
abatements, and other assistance programs and that, for more |
information, taxpayers should consult with the office of their |
township or county assessor and with the Illinois Department of |
Revenue.
|
In all counties, the statement shall include information |
that certain
taxpayers may be eligible for the Senior Citizens |
and Persons with Disabilities Disabled Persons Property
Tax |
Relief Act and that applications are
available from the |
Illinois Department on Aging.
|
In counties which use the estimated or accelerated billing |
methods, these
statements shall only be provided with the final |
installment of taxes due. The
provisions of this Section create |
a mandatory statutory duty. They are not
merely directory or |
discretionary. The failure or neglect of the collector to
mail |
the bill, or the failure of the taxpayer to receive the bill, |
shall not
affect the validity of any tax, or the liability for |
|
the payment of any tax.
|
(Source: P.A. 97-689, eff. 6-14-12; 98-93, eff. 7-16-13.)
|
(35 ILCS 200/21-27)
|
Sec. 21-27. Waiver of interest penalty. |
(a) On the recommendation
of the county treasurer, the |
county board may adopt a resolution under which an
interest |
penalty for the delinquent payment of taxes for any year that
|
otherwise would be imposed under Section 21-15, 21-20, or 21-25 |
shall be waived
in the case of any person who meets all of the |
following criteria:
|
(1) The person is determined eligible for a grant under |
the Senior
Citizens and Persons with Disabilities Disabled |
Persons Property Tax Relief
Act with respect to the taxes |
for that year.
|
(2) The person requests, in writing, on a form approved |
by the county
treasurer, a waiver of the interest penalty, |
and the request is filed with the
county treasurer on or |
before the first day of the month that an installment of
|
taxes is due.
|
(3) The person pays the installment of taxes due, in |
full, on or before
the third day of the month that the |
installment is due.
|
(4) The county treasurer approves the request for a |
waiver.
|
(b) With respect to property that qualifies as a brownfield |
|
site under Section 58.2 of the Environmental Protection Act, |
the county board, upon the recommendation
of the county |
treasurer, may adopt a resolution to waive an
interest penalty |
for the delinquent payment of taxes for any year that
otherwise |
would be imposed under Section 21-15, 21-20, or 21-25 if all of |
the following criteria are met: |
(1) the property has delinquent taxes and an |
outstanding interest penalty and the amount of that |
interest penalty is so large as to, possibly, result in all |
of the taxes becoming uncollectible; |
(2) the property is part of a redevelopment plan of a |
unit of local government and that unit of local government |
does not oppose the waiver of the interest penalty; |
(3) the redevelopment of the property will benefit the |
public interest by remediating the brownfield |
contamination; |
(4) the taxpayer delivers to the county treasurer (i) a |
written request for a waiver of the interest penalty, on a |
form approved by the county
treasurer, and (ii) a copy of |
the redevelopment plan for the property; |
(5) the taxpayer pays, in full, the amount of up to the |
amount of the first 2 installments of taxes due, to be held |
in escrow pending the approval of the waiver, and enters |
into an agreement with the county treasurer setting forth a |
schedule for the payment of any remaining taxes due; and |
(6) the county treasurer approves the request for a |
|
waiver. |
(Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)
|
Section 330. The Illinois Estate and Generation-Skipping |
Transfer Tax Act is amended by changing Section 12 as follows:
|
(35 ILCS 405/12) (from Ch. 120, par. 405A-12)
|
Sec. 12.
Parent as natural guardian for purposes of |
Sections
2032A and 2057 of the Internal Revenue Code.
A parent, |
without being appointed guardian of
the person or guardian of |
the estate, or a guardian of the estate, or, if
no guardian of |
the estate has been appointed, a guardian of the person, of
any |
minor or person with a disability disabled person whose |
interest is not adverse to the minor
or person with a |
disability disabled person , may make any election and sign, |
without court
approval, any agreement on behalf of the minor or |
person with a disability disabled person under
(i) Section |
2032A of the Internal Revenue
Code for the valuation of |
property under that Section
or (ii) Section 2057 of the |
Internal Revenue
Code relating to deduction of the value of |
certain property under that
Section. Any election so made, and |
any agreement so
signed, shall have the same legal force and |
effect as if the election had
been made and the agreement had |
been signed by the minor or person with a disability disabled |
person
and the minor or person with a disability disabled |
person had been legally competent.
|
|
This amendatory Act of the 91st General Assembly applies to |
elections and
agreements made on or after January 1, 1998
in |
reliance on or pursuant to Section 2057 of the Internal Revenue |
Code, and
those elections and agreements made before the |
effective date of this
amendatory Act are hereby validated.
|
(Source: P.A. 91-349, eff. 7-29-99.)
|
Section 335. The Mobile Home Local Services Tax Act is |
amended by changing Sections 7 and 7.5 as follows:
|
(35 ILCS 515/7) (from Ch. 120, par. 1207)
|
Sec. 7.
The local services tax for owners of mobile homes |
who (a) are
actually residing in such mobile homes, (b) hold |
title to such mobile
home as provided in the Illinois Vehicle |
Code, and (c) are 65 years of age or older or are persons with |
disabilities disabled
persons within the meaning of Section |
3.14 of the Senior Citizens and
Persons with Disabilities |
Disabled Persons Property Tax Relief Act
on the annual billing |
date
shall be reduced to 80 percent of the tax provided for in |
Section 3 of
this Act. Proof that a claimant has been issued an |
Illinois
Person with a Disability Identification Card stating |
that the claimant is under a Class 2
disability, as provided in |
Section 4A of the Illinois Identification Card
Act, shall |
constitute proof that the person thereon named is a person with |
a disability disabled
person within the meaning of this Act. An |
application for reduction of
the tax shall be filed with
the |
|
county clerk by the individuals who are entitled to the |
reduction.
If the application is filed after May 1, the |
reduction in tax shall
begin with the next annual bill. |
Application for the reduction in tax
shall be done by |
submitting proof that the applicant has been issued an
Illinois |
Person with a Disability Identification Card designating the |
applicant's
disability as a Class 2 disability, or by affidavit |
in substantially the
following form:
|
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
|
I hereby make application for a reduction to 80% of the |
total tax
imposed under "An Act to provide for a local services
|
tax on mobile homes".
|
(1) Senior Citizens
|
(a) I actually reside in the mobile home ....
|
(b) I hold title to the mobile home as provided in the |
Illinois
Vehicle Code ....
|
(c) I reached the age of 65 on or before either January 1 |
(or July
1) of the year in which this statement is filed. My |
date of birth is: ...
|
(2) Persons with Disabilities Disabled Persons
|
(a) I actually reside in the mobile home...
|
(b) I hold title to the mobile home as provided in the |
Illinois
Vehicle Code ....
|
(c) I became a person with a total disability was totally |
disabled on ... and have remained a person with a disability |
disabled until
the date of this application. My Social |
|
Security, Veterans, Railroad or
Civil Service Total Disability |
Claim Number is ... The undersigned
declares under the penalty |
of perjury that the above statements are true
and correct.
|
Dated (insert date).
|
...........................
|
Signature of owner
|
...........................
|
(Address)
|
...........................
|
(City) (State) (Zip)
|
Approved by:
|
.............................
|
(Assessor)
|
This application shall be accompanied by a copy of the |
applicant's
most recent application filed with the Illinois |
Department on Aging
under the Senior Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief Act.
|
(Source: P.A. 97-689, eff. 6-14-12; 97-1064, eff. 1-1-13; |
98-463, eff. 8-16-13.)
|
(35 ILCS 515/7.5)
|
Sec. 7.5. Exemption for veterans with disabilities |
disabled veterans .
|
(a) Beginning on January 1, 2004, a mobile home owned and |
used exclusively
by a veteran with a disability disabled |
|
veteran or the spouse or unmarried surviving spouse of the
|
veteran as a home, is exempt from the tax imposed under this |
Act.
|
Beginning with the 2015 tax year, the exemption also |
applies to housing that is specifically constructed or adapted |
to suit a qualifying veteran's disability if the housing or |
adaptations are donated by a charitable organization, the |
veteran has been approved to receive funds for the purchase or |
construction of Specially Adapted Housing under Title 38, |
Chapter 21, Section 2101 of the United States Code, and the |
home has been inspected and certified by a licensed home |
inspector to be in compliance with applicable standards set |
forth in U.S. Department of Veterans Affairs, Veterans Benefits |
Administration Pamphlet 26-13 Handbook for Design of Specially |
Adapted Housing. |
(b) As used in this Section:
|
" Veteran with a disability Disabled veteran " means a person |
who has served in the armed forces of
the
United States and |
whose disability is of such a nature that the federal
|
government has
authorized payment for purchase or construction |
of specially adapted housing as
set
forth in the United States |
Code, Title 38, Chapter 21, Section 2101.
|
For purposes of this Section, "charitable organization" |
means any benevolent, philanthropic, patriotic,
or |
eleemosynary entity that solicits and
collects funds for |
charitable purposes and includes each local, county, or
area |
|
division of that charitable organization. |
"Unmarried surviving spouse" means the surviving spouse of |
the veteran at any
time after the death of the veteran during |
which the surviving spouse is not
married.
|
(c) Eligibility for this exemption must be reestablished on |
an annual basis
by certification from the Illinois Department |
of Veterans' Affairs to the
county clerk of the county in which |
the exempt mobile home is located. The
county
clerk shall |
forward a copy of the certification to local assessing |
officials.
|
(Source: P.A. 98-1145, eff. 12-30-14.)
|
Section 340. The Community
Self-Revitalization Act is |
amended by changing Section 15 as follows:
|
(50 ILCS 350/15)
|
Sec. 15. Certification; Board of Economic Advisors.
|
(a) In order to receive the assistance as provided in this |
Act, a community
shall
first, by
ordinance passed by its |
corporate authorities, request that the Department
certify |
that it is
an economically distressed community. The community |
must submit a certified
copy of
the ordinance to the |
Department. After review of the ordinance, if the
Department
|
determines that the community meets the requirements for |
certification, the
Department
may certify the community as an |
economically distressed community.
|
|
(b) A community that is certified by the Department as
an
|
economically
distressed community may appoint a Board of |
Economic Advisors
to create and implement a revitalization plan |
for the community. The Board
shall
consist of 18 members of the |
community, appointed by the
mayor or the presiding officer of |
the county or jointly by the presiding
officers of each
|
municipality and county that have joined to form a community |
for the purposes of this Act. Up to 18 Board members may be |
appointed from the following vital sectors:
|
(1) A member representing households and families.
|
(2) A member representing religious organizations.
|
(3) A member representing educational institutions.
|
(4) A member representing daycare centers, care |
centers for persons with disabilities the
handicapped , and |
care centers for the disadvantaged.
|
(5) A member representing community based |
organizations such as
neighborhood improvement |
associations.
|
(6) A member representing federal and State employment |
service
systems, skill training centers, and placement |
referrals.
|
(7) A member representing Masonic organizations, |
fraternities, sororities,
and social clubs.
|
(8) A member representing hospitals, nursing homes, |
senior citizens,
public health agencies, and funeral |
homes.
|
|
(9) A member representing organized sports, parks, |
parties, and games of
chance.
|
(10) A member representing political parties, clubs, |
and affiliations, and
election related matters concerning |
voter education and participation.
|
(11) A member representing the cultural aspects of the |
community,
including cultural events, lifestyles, |
languages, music, visual and performing
arts,
and |
literature.
|
(12) A member representing police and fire protection |
agencies, prisons,
weapons systems, and the military |
industrial complex.
|
(13) A member representing local businesses. |
(14) A member representing the retail industry.
|
(15) A member representing the service industry.
|
(16) A member representing the industrial, production, |
and manufacturing sectors.
|
(17) A member representing the advertising and |
marketing industry.
|
(18) A member representing the technology services |
industry. |
The Board shall meet initially
within 30 days of its |
appointment, shall select one member as chairperson at
its |
initial meeting, and
shall
thereafter meet at the call of the |
chairperson. Members of the Board shall
serve without
|
compensation.
|
|
(c) One third of the initial appointees shall serve for 2 |
years, one third shall serve for 3 years, and one third shall |
serve for 4 years, as determined by lot. Subsequent appointees |
shall serve terms of 5 years. |
(d) The Board shall create a 3-year to 5-year |
revitalization plan for the
community.
The plan shall contain |
distinct, measurable objectives for revitalization. The
|
objectives
shall be used to guide ongoing implementation of the |
plan and to measure
progress
during the 3-year to 5-year |
period. The Board shall work in a dynamic manner
defining goals
|
for the community based on the strengths and weaknesses of the |
individual
sectors of the
community as presented by each member |
of the Board. The Board shall meet
periodically and revise the |
plan in light of the input from each member of
the
Board
|
concerning his or her respective sector of expertise. The |
process shall be a
community
driven revitalization process, |
with community-specific data determining the
direction and
|
scope of the revitalization.
|
(Source: P.A. 95-557, eff. 8-30-07.)
|
Section 345. The Innovation Development and Economy Act is |
amended by changing Section 31 as follows:
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(50 ILCS 470/31)
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Sec. 31. STAR bond occupation taxes. |
(a) If the corporate authorities of a political subdivision |
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have established a STAR bond district and have elected to |
impose a tax by ordinance pursuant to subsection (b) or (c) of |
this Section, each year after the date of the adoption of the |
ordinance and until all STAR bond project costs and all |
political subdivision obligations financing the STAR bond |
project costs, if any, have been paid in accordance with the |
STAR bond project plans, but in no event longer than the |
maximum maturity date of the last of the STAR bonds issued for |
projects in the STAR bond district, all amounts generated by |
the retailers' occupation tax and service occupation tax shall |
be collected and the tax shall be enforced by the Department of |
Revenue in the same manner as all retailers' occupation taxes |
and service occupation taxes imposed in the political |
subdivision imposing the tax. The corporate authorities of the |
political subdivision shall deposit the proceeds of the taxes |
imposed under subsections (b) and (c) into either (i) a special |
fund held by the corporate authorities of the political |
subdivision called the STAR Bonds Tax Allocation Fund for the |
purpose of paying STAR bond project costs and obligations |
incurred in the payment of those costs if such taxes are |
designated as pledged STAR revenues by resolution or ordinance |
of the political subdivision or (ii) the political |
subdivision's general corporate fund if such taxes are not |
designated as pledged STAR revenues by resolution or ordinance. |
The tax imposed under this Section by a municipality may be |
imposed only on the portion of a STAR bond district that is |
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within the boundaries of the municipality. For any part of a |
STAR bond district that lies outside of the boundaries of that |
municipality, the municipality in which the other part of the |
STAR bond district lies (or the county, in cases where a |
portion of the STAR bond district lies in the unincorporated |
area of a county) is authorized to impose the tax under this |
Section on that part of the STAR bond district. |
(b) The corporate authorities of a political subdivision |
that has established a STAR bond district under this Act may, |
by ordinance or resolution, impose a STAR Bond Retailers' |
Occupation Tax upon all persons engaged in the business of |
selling tangible personal property, other than an item of |
tangible personal property titled or registered with an agency |
of this State's government, at retail in the STAR bond district |
at a rate not to exceed 1% of the gross receipts from the sales |
made in the course of that business, to be imposed only in |
0.25% increments. The tax may not be imposed on food for human |
consumption that is to be consumed off the premises where it is |
sold (other than alcoholic beverages, soft drinks, and food |
that has been prepared for immediate consumption), |
prescription and nonprescription medicines, drugs, medical |
appliances, modifications to a motor vehicle for the purpose of |
rendering it usable by a person with a disability disabled |
person , and insulin, urine testing materials, syringes, and |
needles used by diabetics, for human use. |
The tax imposed under this subsection and all civil |
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penalties that may be assessed as an incident thereof shall be |
collected and enforced by the Department of Revenue. The |
certificate of registration that is issued by the Department to |
a retailer under the Retailers' Occupation Tax Act shall permit |
the retailer to engage in a business that is taxable under any |
ordinance or resolution enacted pursuant to this subsection |
without registering separately with the Department under such |
ordinance or resolution or under this subsection. The |
Department of Revenue shall have full power to administer and |
enforce this subsection, to collect all taxes and penalties due |
under this subsection in the manner hereinafter provided, and |
to determine all rights to credit memoranda arising on account |
of the erroneous payment of tax or penalty under this |
subsection. In the administration of, and compliance with, this |
subsection, the Department and persons who are subject to this |
subsection shall have the same rights, remedies, privileges, |
immunities, powers, and duties, and be subject to the same |
conditions, restrictions, limitations, penalties, exclusions, |
exemptions, and definitions of terms and employ the same modes |
of procedure, as are prescribed in Sections 1, 1a through 1o, 2 |
through 2-65 (in respect to all provisions therein other than |
the State rate of tax), 2c through 2h, 3 (except as to the |
disposition of taxes and penalties collected), 4, 5, 5a, 5b, |
5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, |
11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all |
provisions of the Uniform Penalty and Interest Act, as fully as |
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if those provisions were set forth herein. |
If a tax is imposed under this subsection (b), a tax shall |
also be imposed under subsection (c) of this Section. |
(c) If a tax has been imposed under subsection (b), a STAR |
Bond Service Occupation Tax shall also be imposed upon all |
persons engaged, in the STAR bond district, in the business of |
making sales of service, who, as an incident to making those |
sales of service, transfer tangible personal property within |
the STAR bond district, either in the form of tangible personal |
property or in the form of real estate as an incident to a sale |
of service. The tax shall be imposed at the same rate as the |
tax imposed in subsection (b) and shall not exceed 1% of the |
selling price of tangible personal property so transferred |
within the STAR bond district, to be imposed only in 0.25% |
increments. The tax may not be imposed on food for human |
consumption that is to be consumed off the premises where it is |
sold (other than alcoholic beverages, soft drinks, and food |
that has been prepared for immediate consumption), |
prescription and nonprescription medicines, drugs, medical |
appliances, modifications to a motor vehicle for the purpose of |
rendering it usable by a person with a disability disabled |
person , and insulin, urine testing materials, syringes, and |
needles used by diabetics, for human use. |
The tax imposed under this subsection and all civil |
penalties that may be assessed as an incident thereof shall be |
collected and enforced by the Department of Revenue. The |
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certificate of registration that is issued by the Department to |
a retailer under the Retailers' Occupation Tax Act or under the |
Service Occupation Tax Act shall permit the registrant to |
engage in a business that is taxable under any ordinance or |
resolution enacted pursuant to this subsection without |
registering separately with the Department under that |
ordinance or resolution or under this subsection. The |
Department of Revenue shall have full power to administer and |
enforce this subsection, to collect all taxes and penalties due |
under this subsection, to dispose of taxes and penalties so |
collected in the manner hereinafter provided, and to determine |
all rights to credit memoranda arising on account of the |
erroneous payment of tax or penalty under this subsection. In |
the administration of, and compliance with this subsection, the |
Department and persons who are subject to this subsection shall |
have the same rights, remedies, privileges, immunities, |
powers, and duties, and be subject to the same conditions, |
restrictions, limitations, penalties, exclusions, exemptions, |
and definitions of terms and employ the same modes of procedure |
as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 |
(in respect to all provisions therein other than the State rate |
of tax), 4 (except that the reference to the State shall be to |
the STAR bond district), 5, 7, 8 (except that the jurisdiction |
to which the tax shall be a debt to the extent indicated in |
that Section 8 shall be the political subdivision), 9 (except |
as to the disposition of taxes and penalties collected, and |
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except that the returned merchandise credit for this tax may |
not be taken against any State tax), 10, 11, 12 (except the |
reference therein to Section 2b of the Retailers' Occupation |
Tax Act), 13 (except that any reference to the State shall mean |
the political subdivision), the first paragraph of Section 15, |
and Sections 16, 17, 18, 19 and 20 of the Service Occupation |
Tax Act and all provisions of the Uniform Penalty and Interest |
Act, as fully as if those provisions were set forth herein. |
If a tax is imposed under this subsection (c), a tax shall |
also be imposed under subsection (b) of this Section. |
(d) Persons subject to any tax imposed under this Section |
may reimburse themselves for their seller's tax liability under |
this Section by separately stating the tax as an additional |
charge, which charge may be stated in combination, in a single |
amount, with State taxes that sellers are required to collect |
under the Use Tax Act, in accordance with such bracket |
schedules as the Department may prescribe. |
Whenever the Department determines that a refund should be |
made under this Section to a claimant instead of issuing a |
credit memorandum, the Department shall notify the State |
Comptroller, who shall cause the order to be drawn for the |
amount specified and to the person named in the notification |
from the Department. The refund shall be paid by the State |
Treasurer out of the STAR Bond Retailers' Occupation Tax Fund. |
The Department shall immediately pay over to the State |
Treasurer, ex officio, as trustee, all taxes, penalties, and |
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interest collected under this Section for deposit into the STAR |
Bond Retailers' Occupation Tax Fund. On or before the 25th day |
of each calendar month, the Department shall prepare and |
certify to the Comptroller the disbursement of stated sums of |
money to named political subdivisions from the STAR Bond |
Retailers' Occupation Tax Fund, the political subdivisions to |
be those from which retailers have paid taxes or penalties |
under this Section to the Department during the second |
preceding calendar month. The amount to be paid to each |
political subdivision shall be the amount (not including credit |
memoranda) collected under this Section during the second |
preceding calendar month by the Department plus an amount the |
Department determines is necessary to offset any amounts that |
were erroneously paid to a different taxing body, and not |
including an amount equal to the amount of refunds made during |
the second preceding calendar month by the Department, less 3% |
of that amount, which shall be deposited into the Tax |
Compliance and Administration Fund and shall be used by the |
Department, subject to appropriation, to cover the costs of the |
Department in administering and enforcing the provisions of |
this Section, on behalf of such political subdivision, and not |
including any amount that the Department determines is |
necessary to offset any amounts that were payable to a |
different taxing body but were erroneously paid to the |
political subdivision. Within 10 days after receipt by the |
Comptroller of the disbursement certification to the political |
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subdivisions provided for in this Section to be given to the |
Comptroller by the Department, the Comptroller shall cause the |
orders to be drawn for the respective amounts in accordance |
with the directions contained in the certification. The |
proceeds of the tax paid to political subdivisions under this |
Section shall be deposited into either (i) the STAR Bonds Tax |
Allocation Fund by the political subdivision if the political |
subdivision has designated them as pledged STAR revenues by |
resolution or ordinance or (ii) the political subdivision's |
general corporate fund if the political subdivision has not |
designated them as pledged STAR revenues. |
An ordinance or resolution imposing or discontinuing the |
tax under this Section or effecting a change in the rate |
thereof shall either (i) be adopted and a certified copy |
thereof filed with the Department on or before the first day of |
April, whereupon the Department, if all other requirements of |
this Section are met, shall proceed to administer and enforce |
this Section as of the first day of July next following the |
adoption and filing; or (ii) be adopted and a certified copy |
thereof filed with the Department on or before the first day of |
October, whereupon, if all other requirements of this Section |
are met, the Department shall proceed to administer and enforce |
this Section as of the first day of January next following the |
adoption and filing. |
The Department of Revenue shall not administer or enforce |
an ordinance imposing, discontinuing, or changing the rate of |
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the tax under this Section until the political subdivision also |
provides, in the manner prescribed by the Department, the |
boundaries of the STAR bond district and each address in the |
STAR bond district in such a way that the Department can |
determine by its address whether a business is located in the |
STAR bond district. The political subdivision must provide this |
boundary and address information to the Department on or before |
April 1 for administration and enforcement of the tax under |
this Section by the Department beginning on the following July |
1 and on or before October 1 for administration and enforcement |
of the tax under this Section by the Department beginning on |
the following January 1. The Department of Revenue shall not |
administer or enforce any change made to the boundaries of a |
STAR bond district or any address change, addition, or deletion |
until the political subdivision reports the boundary change or |
address change, addition, or deletion to the Department in the |
manner prescribed by the Department. The political subdivision |
must provide this boundary change or address change, addition, |
or deletion information to the Department on or before April 1 |
for administration and enforcement by the Department of the |
change, addition, or deletion beginning on the following July 1 |
and on or before October 1 for administration and enforcement |
by the Department of the change, addition, or deletion |
beginning on the following January 1. The retailers in the STAR |
bond district shall be responsible for charging the tax imposed |
under this Section. If a retailer is incorrectly included or |
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excluded from the list of those required to collect the tax |
under this Section, both the Department of Revenue and the |
retailer shall be held harmless if they reasonably relied on |
information provided by the political subdivision. |
A political subdivision that imposes the tax under this |
Section must submit to the Department of Revenue any other |
information as the Department may require that is necessary for |
the administration and enforcement of the tax. |
When certifying the amount of a monthly disbursement to a |
political subdivision under this Section, the Department shall |
increase or decrease the amount by an amount necessary to |
offset any misallocation of previous disbursements. The offset |
amount shall be the amount erroneously disbursed within the |
previous 6 months from the time a misallocation is discovered. |
Nothing in this Section shall be construed to authorize the |
political subdivision to impose a tax upon the privilege of |
engaging in any business which under the Constitution of the |
United States may not be made the subject of taxation by this |
State. |
(e) When STAR bond project costs, including, without |
limitation, all political subdivision obligations financing |
STAR bond project costs, have been paid, any surplus funds then |
remaining in the STAR Bonds Tax Allocation Fund shall be |
distributed to the treasurer of the political subdivision for |
deposit into the political subdivision's general corporate |
fund. Upon payment of all STAR bond project costs and |
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retirement of obligations, but in no event later than the |
maximum maturity date of the last of the STAR bonds issued in |
the STAR bond district, the political subdivision shall adopt |
an ordinance immediately rescinding the taxes imposed pursuant |
to this Section and file a certified copy of the ordinance with |
the Department in the form and manner as described in this |
Section.
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(Source: P.A. 96-939, eff. 6-24-10.)
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Section 350. The Emergency Telephone System Act is amended |
by changing Section 15.2a as follows:
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(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
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Sec. 15.2a.
The installation of or connection to a |
telephone
company's network of any automatic alarm, automatic |
alerting
device, or mechanical dialer that causes the number |
9-1-1 to
be dialed in order to directly access emergency |
services is
prohibited in a 9-1-1 system. |
This Section does not apply to devices used to enable |
access to the 9-1-1 system for cognitively-impaired , disabled, |
or special needs persons or for persons with disabilities in an |
emergency situation reported by a caregiver after initiating a |
missing person's report. The device must have the capability to |
be activated and controlled remotely by trained personnel at a |
service center to prevent falsely activated or repeated calls |
to the 9-1-1 system in a single incident. The device must have |
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the technical capability to generate location information to |
the 9-1-1 system. Under no circumstances shall a device be sold |
for use in a geographical jurisdiction where the 9-1-1 system |
has not deployed wireless phase II location technology. The |
alerting device shall also provide for either 2-way |
communication or send a pre-recorded message to a 9-1-1 |
provider explaining the nature of the emergency so that the |
9-1-1 provider will be able to dispatch the appropriate |
emergency responder. |
Violation of this Section is
a Class A misdemeanor. A |
second or subsequent violation of this
Section is a Class 4 |
felony.
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(Source: P.A. 97-82, eff. 1-1-12.)
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Section 355. The Counties Code is amended by changing |
Section 5-1006.7 as follows:
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(55 ILCS 5/5-1006.7) |
Sec. 5-1006.7. School facility occupation taxes. |
(a) In any county, a tax shall be imposed upon all persons |
engaged in the business of selling tangible personal property, |
other than personal property titled or registered with an |
agency of this State's government, at retail in the county on |
the gross receipts from the sales made in the course of |
business to provide revenue to be used exclusively for school |
facility purposes if a proposition for the tax has been |
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submitted to the electors of that county and approved by a |
majority of those voting on the question as provided in |
subsection (c). The tax under this Section shall be imposed |
only in one-quarter percent increments and may not exceed 1%. |
This additional tax may not be imposed on the sale of food |
for human consumption that is to be consumed off the premises |
where it is sold (other than alcoholic beverages, soft drinks, |
and food that has been prepared for immediate consumption) and |
prescription and non-prescription medicines, drugs, medical |
appliances and insulin, urine testing materials, syringes and |
needles used by diabetics.
The Department of Revenue has full |
power to administer and enforce this subsection, to collect all |
taxes and penalties due under this subsection, to dispose of |
taxes and penalties so collected in the manner provided in this |
subsection, and to determine all rights to credit memoranda |
arising on account of the erroneous payment of a tax or penalty |
under this subsection. The Department shall deposit all taxes |
and penalties collected under this subsection into a special |
fund created for that purpose. |
In the administration of and compliance with this |
subsection, the Department and persons who are subject to this |
subsection (i) have the same rights, remedies, privileges, |
immunities, powers, and duties, (ii) are subject to the same |
conditions, restrictions, limitations, penalties, and |
definitions of terms, and (iii) shall employ the same modes of |
procedure as are set forth in Sections 1 through 1o, 2 through |
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2-70 (in respect to all provisions contained in those Sections |
other than the State rate of tax), 2a through 2h, 3 (except as |
to the disposition of taxes and penalties collected), 4, 5, 5a, |
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, |
9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act |
and all provisions of the Uniform Penalty and Interest Act as |
if those provisions were set forth in this subsection. |
The certificate of registration that is issued by the |
Department to a retailer under the Retailers' Occupation Tax |
Act permits the retailer to engage in a business that is |
taxable without registering separately with the Department |
under an ordinance or resolution under this subsection. |
Persons subject to any tax imposed under the authority |
granted in this subsection may reimburse themselves for their |
seller's tax liability by separately stating that tax as an |
additional charge, which may be stated in combination, in a |
single amount, with State tax that sellers are required to |
collect under the Use Tax Act, pursuant to any bracketed |
schedules set forth by the Department. |
(b) If a tax has been imposed under subsection (a), then a |
service occupation tax must also be imposed at the same rate |
upon all persons engaged, in the county, in the business of |
making sales of service, who, as an incident to making those |
sales of service, transfer tangible personal property within |
the county as an incident to a sale of service. |
This tax may not be imposed on sales of food for human |
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consumption that is to be consumed off the premises where it is |
sold (other than alcoholic beverages, soft drinks, and food |
prepared for immediate consumption) and prescription and |
non-prescription medicines, drugs, medical appliances and |
insulin, urine testing materials, syringes, and needles used by |
diabetics. |
The tax imposed under this subsection and all civil |
penalties that may be assessed as an incident thereof shall be |
collected and enforced by the Department and deposited into a |
special fund created for that purpose. The Department has full |
power to administer and enforce this subsection, to collect all |
taxes and penalties due under this subsection, to dispose of |
taxes and penalties so collected in the manner provided in this |
subsection, and to determine all rights to credit memoranda |
arising on account of the erroneous payment of a tax or penalty |
under this subsection. |
In the administration of and compliance with this |
subsection, the Department and persons who are subject to this |
subsection shall (i) have the same rights, remedies, |
privileges, immunities, powers and duties, (ii) be subject to |
the same conditions, restrictions, limitations, penalties and |
definition of terms, and (iii) employ the same modes of |
procedure as are set forth in Sections 2 (except that that |
reference to State in the definition of supplier maintaining a |
place of business in this State means the county), 2a through |
2d, 3 through 3-50 (in respect to all provisions contained in |
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those Sections other than the State rate of tax), 4 (except |
that the reference to the State shall be to the county), 5, 7, |
8 (except that the jurisdiction to which the tax is a debt to |
the extent indicated in that Section 8 is the county), 9 |
(except as to the disposition of taxes and penalties |
collected), 10, 11, 12 (except the reference therein to Section |
2b of the Retailers' Occupation Tax Act), 13 (except that any |
reference to the State means the county), Section 15, 16, 17, |
18, 19, and 20 of the Service Occupation Tax Act and all |
provisions of the Uniform Penalty and Interest Act, as fully as |
if those provisions were set forth herein. |
Persons subject to any tax imposed under the authority |
granted in this subsection may reimburse themselves for their |
serviceman's tax liability by separately stating the tax as an |
additional charge, which may be stated in combination, in a |
single amount, with State tax that servicemen are authorized to |
collect under the Service Use Tax Act, pursuant to any |
bracketed schedules set forth by the Department. |
(c) The tax under this Section may not be imposed until the |
question of imposing the tax has been submitted to the electors |
of the county at a regular election and approved by a majority |
of the electors voting on the question. For all regular |
elections held prior to the effective date of this amendatory |
Act of the 97th General Assembly, upon a resolution by the |
county board or a resolution by school district boards that |
represent at least 51% of the student enrollment within the |
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county, the county board must certify the question to the |
proper election authority in accordance with the Election Code. |
For all regular elections held prior to the effective date |
of this amendatory Act of the 97th General Assembly, the |
election authority must submit the question in substantially |
the following form: |
Shall (name of county) be authorized to impose a |
retailers' occupation tax and a service occupation tax |
(commonly referred to as a "sales tax") at a rate of |
(insert rate) to be used exclusively for school facility |
purposes? |
The election authority must record the votes as "Yes" or "No". |
If a majority of the electors voting on the question vote |
in the affirmative, then the county may, thereafter, impose the |
tax. |
For all regular elections held on or after the effective |
date of this amendatory Act of the 97th General Assembly, the |
regional superintendent of schools for the county must, upon |
receipt of a resolution or resolutions of school district |
boards that represent more than 50% of the student enrollment |
within the county, certify the question to the proper election |
authority for submission to the electors of the county at the |
next regular election at which the question lawfully may be |
submitted to the electors, all in accordance with the Election |
Code. |
For all regular elections held on or after the effective |
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date of this amendatory Act of the 97th General Assembly, the |
election authority must submit the question in substantially |
the following form: |
Shall a retailers' occupation tax and a service |
occupation tax (commonly referred to as a "sales tax") be |
imposed in (name of county) at a rate of (insert rate) to |
be used exclusively for school facility purposes? |
The election authority must record the votes as "Yes" or "No". |
If a majority of the electors voting on the question vote |
in the affirmative, then the tax shall be imposed at the rate |
set forth in the question. |
For the purposes of this subsection (c), "enrollment" means |
the head count of the students residing in the county on the |
last school day of September of each year, which must be |
reported on the Illinois State Board of Education Public School |
Fall Enrollment/Housing Report.
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(d) The Department shall immediately pay over to the State |
Treasurer, ex officio, as trustee, all taxes and penalties |
collected under this Section to be deposited into the School |
Facility Occupation Tax Fund, which shall be an unappropriated |
trust fund held outside the State treasury. |
On or before the 25th day of each calendar month, the |
Department shall prepare and certify to the Comptroller the |
disbursement of stated sums of money to the regional |
superintendents of schools in counties from which retailers or |
servicemen have paid taxes or penalties to the Department |
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during the second preceding calendar month. The amount to be |
paid to each regional superintendent of schools and disbursed |
to him or her in accordance with Section 3-14.31 of the School |
Code, is equal to the amount (not including credit memoranda) |
collected from the county under this Section during the second |
preceding calendar month by the Department, (i) less 2% of that |
amount, which shall be deposited into the Tax Compliance and |
Administration Fund and shall be used by the Department, |
subject to appropriation, to cover the costs of the Department |
in administering and enforcing the provisions of this Section, |
on behalf of the county, (ii) plus an amount that the |
Department determines is necessary to offset any amounts that |
were erroneously paid to a different taxing body; (iii) less an |
amount equal to the amount of refunds made during the second |
preceding calendar month by the Department on behalf of the |
county; and (iv) less any amount that the Department determines |
is necessary to offset any amounts that were payable to a |
different taxing body but were erroneously paid to the county. |
When certifying the amount of a monthly disbursement to a |
regional superintendent of schools under this Section, the |
Department shall increase or decrease the amounts by an amount |
necessary to offset any miscalculation of previous |
disbursements within the previous 6 months from the time a |
miscalculation is discovered. |
Within 10 days after receipt by the Comptroller from the |
Department of the disbursement certification to the regional |
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superintendents of the schools provided for in this Section, |
the Comptroller shall cause the orders to be drawn for the |
respective amounts in accordance with directions contained in |
the certification. |
If the Department determines that a refund should be made |
under this Section to a claimant instead of issuing a credit |
memorandum, then the Department shall notify the Comptroller, |
who shall cause the order to be drawn for the amount specified |
and to the person named in the notification from the |
Department. The refund shall be paid by the Treasurer out of |
the School Facility Occupation Tax Fund.
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(e) For the purposes of determining the local governmental |
unit whose tax is applicable, a retail sale by a producer of |
coal or another mineral mined in Illinois is a sale at retail |
at the place where the coal or other mineral mined in Illinois |
is extracted from the earth. This subsection does not apply to |
coal or another mineral when it is delivered or shipped by the |
seller to the purchaser at a point outside Illinois so that the |
sale is exempt under the United States Constitution as a sale |
in interstate or foreign commerce. |
(f) Nothing in this Section may be construed to authorize a |
tax to be imposed upon the privilege of engaging in any |
business that under the Constitution of the United States may |
not be made the subject of taxation by this State. |
(g) If a county board imposes a tax under this Section |
pursuant to a referendum held before the effective date of this |
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amendatory Act of the 97th General Assembly at a rate below the |
rate set forth in the question approved by a majority of |
electors of that county voting on the question as provided in |
subsection (c), then the county board may, by ordinance, |
increase the rate of the tax up to the rate set forth in the |
question approved by a majority of electors of that county |
voting on the question as provided in subsection (c). If a |
county board imposes a tax under this Section pursuant to a |
referendum held before the effective date of this amendatory |
Act of the 97th General Assembly, then the board may, by |
ordinance, discontinue or reduce the rate of the tax. If a tax |
is imposed under this Section pursuant to a referendum held on |
or after the effective date of this amendatory Act of the 97th |
General Assembly, then the county board may reduce or |
discontinue the tax, but only in accordance with subsection |
(h-5) of this Section. If, however, a school board issues bonds |
that are secured by the proceeds of the tax under this Section, |
then the county board may not reduce the tax rate or |
discontinue the tax if that rate reduction or discontinuance |
would adversely affect the school board's ability to pay the |
principal and interest on those bonds as they become due or |
necessitate the extension of additional property taxes to pay |
the principal and interest on those bonds. If the county board |
reduces the tax rate or discontinues the tax, then a referendum |
must be held in accordance with subsection (c) of this Section |
in order to increase the rate of the tax or to reimpose the |
|
discontinued tax. |
Until January 1, 2014, the results of any election that |
imposes, reduces, or discontinues a tax under this Section must |
be certified by the election authority, and any ordinance that |
increases or lowers the rate or discontinues the tax must be |
certified by the county clerk and, in each case, filed with the |
Illinois Department of Revenue either (i) on or before the |
first day of April, whereupon the Department shall proceed to |
administer and enforce the tax or change in the rate as of the |
first day of July next following the filing; or (ii) on or |
before the first day of October, whereupon the Department shall |
proceed to administer and enforce the tax or change in the rate |
as of the first day of January next following the filing. |
Beginning January 1, 2014, the results of any election that |
imposes, reduces, or discontinues a tax under this Section must |
be certified by the election authority, and any ordinance that |
increases or lowers the rate or discontinues the tax must be |
certified by the county clerk and, in each case, filed with the |
Illinois Department of Revenue either (i) on or before the |
first day of May, whereupon the Department shall proceed to |
administer and enforce the tax or change in the rate as of the |
first day of July next following the filing; or (ii) on or |
before the first day of October, whereupon the Department shall |
proceed to administer and enforce the tax or change in the rate |
as of the first day of January next following the filing. |
(h) For purposes of this Section, "school facility |
|
purposes" means (i) the acquisition, development, |
construction, reconstruction, rehabilitation, improvement, |
financing, architectural planning, and installation of capital |
facilities consisting of buildings, structures, and durable |
equipment and for the acquisition and improvement of real |
property and interest in real property required, or expected to |
be required, in connection with the capital facilities and (ii) |
the payment of bonds or other obligations heretofore or |
hereafter issued, including bonds or other obligations |
heretofore or hereafter issued to refund or to continue to |
refund bonds or other obligations issued, for school facility |
purposes, provided that the taxes levied to pay those bonds are |
abated by the amount of the taxes imposed under this Section |
that are used to pay those bonds. "School-facility purposes" |
also includes fire prevention, safety, energy conservation, |
disabled accessibility, school security, and specified repair |
purposes set forth under Section 17-2.11 of the School Code. |
(h-5) A county board in a county where a tax has been |
imposed under this Section pursuant to a referendum held on or |
after the effective date of this amendatory Act of the 97th |
General Assembly may, by ordinance or resolution, submit to the |
voters of the county the question of reducing or discontinuing |
the tax. In the ordinance or resolution, the county board shall |
certify the question to the proper election authority in |
accordance with the Election Code. The election authority must |
submit the question in substantially the following form: |
|
Shall the school facility retailers' occupation tax |
and service occupation tax (commonly referred to as the |
"school facility sales tax") currently imposed in (name of |
county) at a rate of (insert rate) be (reduced to (insert |
rate))(discontinued)? |
If a majority of the electors voting on the question vote in |
the affirmative, then, subject to the provisions of subsection |
(g) of this Section, the tax shall be reduced or discontinued |
as set forth in the question. |
(i) This Section does not apply to Cook County. |
(j) This Section may be cited as the County School Facility |
Occupation Tax Law.
|
(Source: P.A. 97-542, eff. 8-23-11; 97-813, eff. 7-13-12; |
98-584, eff. 8-27-13.)
|
Section 360. The County Care for Persons with Developmental |
Disabilities Act is amended by changing the title of the Act |
and Sections 1, 1.1, and 1.2 as follows:
|
(55 ILCS 105/Act title)
|
An Act concerning the care and treatment of persons with |
intellectual or developmental disabilities who are |
intellectually disabled or under developmental disability .
|
(55 ILCS 105/1) (from Ch. 91 1/2, par. 201)
|
Sec. 1. Facilities or services; tax levy. Any county may |
|
provide facilities or services for the benefit
of its residents |
who are persons with intellectual or developmental |
disabilities intellectually disabled or under
a developmental |
disability and who are not eligible to participate
in any such |
program conducted under Article 14 of the School Code, or
may |
contract therefor with any privately or publicly operated |
entity
which provides facilities or services either in or out |
of such county.
|
For such purpose, the county board may levy an annual tax |
of not to
exceed .1% upon all of the taxable property in the |
county at the value
thereof, as equalized or assessed by the |
Department of Revenue. Taxes first levied under this Section on |
or after the effective date of this amendatory Act of the 96th |
General Assembly are subject to referendum approval under |
Section 1.1 or 1.2 of this Act. Such tax
shall be levied and |
collected in the same manner as
other county taxes, but shall |
not be included in any limitation
otherwise prescribed as to |
the rate or amount of county taxes but shall
be in addition |
thereto and in excess thereof. When collected, such tax
shall |
be paid into a special fund in the county treasury, to be
|
designated as the "Fund for Persons With a Developmental |
Disability", and shall
be used
only for the purpose specified |
in this Section. The levying of this annual tax shall not |
preclude the county from the use of other federal, State, or |
local funds for the purpose of providing facilities or services |
for the care and treatment of its residents who are mentally |
|
retarded or under a developmental disability.
|
(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12.)
|
(55 ILCS 105/1.1) |
Sec. 1.1. Petition for submission to referendum by county. |
(a) If, on and after the effective date of this amendatory |
Act of the 96th General Assembly, the county board passes an |
ordinance or resolution as provided in Section 1 of this Act |
asking that an annual tax may be levied for the purpose of |
providing facilities or services set forth in that Section and |
so instructs the county clerk, the clerk shall certify the |
proposition to the proper election officials for submission at |
the next general county election. The proposition shall be in |
substantially the following form: |
Shall ..... County levy an annual tax not to
exceed |
0.1% upon the equalized assessed value of all taxable |
property in the county for the purposes of providing |
facilities or services for the benefit of its residents who |
are persons with intellectual or developmental |
disabilities intellectually disabled or under a |
developmental disability and who are not eligible to |
participate in any program provided under Article 14 of the |
School Code, 105 ILCS 5/14-1.01 et seq., including |
contracting for those facilities or services with any |
privately or publicly operated entity that provides those |
facilities or services either in or out of the county? |
|
(b) If a majority of the votes cast upon the proposition |
are in favor thereof, such tax levy shall be authorized and the |
county shall levy a tax not to exceed the rate set forth in |
Section 1 of this Act.
|
(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12; |
97-813, eff. 7-13-12.)
|
(55 ILCS 105/1.2) |
Sec. 1.2. Petition for submission to referendum by |
electors. |
(a) Whenever a petition for submission to referendum by the |
electors which requests the establishment and maintenance of |
facilities or services for the benefit of its residents with a |
developmental disability and the levy of an annual tax not to |
exceed 0.1% upon all the taxable property in the county at the |
value thereof, as equalized or assessed by the Department of |
Revenue, is signed by electors of the county equal in number to |
at least 10% of the total votes cast for the office that |
received the greatest total number of votes at the last |
preceding general county election and is presented to the |
county clerk, the clerk shall certify the proposition to the |
proper election authorities for submission at the next general |
county election. The proposition shall be in substantially the |
following form: |
Shall ..... County levy an annual tax not to
exceed |
0.1% upon the equalized assessed value of all taxable |
|
property in the county for the purposes of establishing and |
maintaining facilities or services for the benefit of its |
residents who are persons with intellectual or |
developmental disabilities intellectually disabled or |
under a developmental disability and who are not eligible |
to participate in any program provided under Article 14 of |
the School Code, 105 ILCS 5/14-1.01 et seq., including |
contracting for those facilities or services with any |
privately or publicly operated entity that provides those |
facilities or services either in or out of the county? |
(b) If a majority of the votes cast upon the proposition |
are in favor thereof, such tax levy shall be authorized and the |
county shall levy a tax not to exceed the rate set forth in |
Section 1 of this Act.
|
(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12; |
97-813, eff. 7-13-12.)
|
Section 365. The Township Code is amended by changing |
Section 30-145 and the heading of Article 185 and Section |
190-10 and the heading of Article 225 and Sections 225-5 and |
260-5 as follows:
|
(60 ILCS 1/30-145)
|
Sec. 30-145. Mental health services. If a township is not |
included in a
mental health district organized under the |
Community Mental Health Act, the
electors may authorize the |
|
board of trustees to provide mental health
services ( , |
including services for the
alcoholic and , the drug addicted, |
and for persons with intellectual disabilities) the |
intellectually disabled, for residents of the
township by |
disbursing existing funds if available by contracting
with |
mental health agencies
approved by the Department of Human |
Services,
alcoholism treatment programs licensed by the |
Department of Public Health, and
drug abuse facilities and |
other alcohol and drug abuse services approved by the
|
Department of Human Services. To be
eligible to receive
|
township funds, an agency, program, facility, or other service |
provider must
have been in existence for more than one year and |
must serve the township
area.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(60 ILCS 1/Art. 185 heading) |
ARTICLE 185. FACILITIES AND SERVICES
|
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES DEVELOPMENTALLY |
DISABLED PERSONS
|
(60 ILCS 1/190-10)
|
Sec. 190-10. Mental health services. If a township is not |
included in a
mental health district organized under the |
Community Mental Health Act, the
township board may provide |
mental health services (including services for the
alcoholic |
and , the drug addicted, and for persons with intellectual |
|
disabilities the intellectually disabled ) for residents of the
|
township by disbursing funds, pursuant to an appropriation, to |
mental health
agencies approved by the Department of Human |
Services, alcoholism treatment
programs licensed by the |
Department of
Public Health, drug abuse facilities approved by |
the Department of Human
Services, and other alcoholism and drug
|
abuse services approved by
the Department of Human Services. To |
be
eligible for township
funds disbursed under this Section, an |
agency, program, facility, or other
service provider must have |
been in existence for more than one year and serve
the township |
area.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(60 ILCS 1/Art. 225 heading) |
ARTICLE 225. SERVICES FOR
|
PERSONS WITH DISABILITIES THE DISABLED
|
(60 ILCS 1/225-5)
|
Sec. 225-5. Township committee on persons with |
disabilities the disabled .
|
(a) The township board may appoint a township committee on |
persons with disabilities the disabled ,
comprised of not more |
than 10 members, one of whom shall be a township
trustee |
appointed by the chairman of the township board. A majority of |
the
committee shall consist of persons with disabilities be |
disabled . The initial members shall serve their terms as
|
|
follows: 3 members for 1 year, 3 members for 2 years, and 3 |
members for 3
years. Succeeding members shall serve 3-year |
terms. The initial
and succeeding trustee members shall serve |
3-year terms or until termination of
their service as township |
trustees, whichever occurs first.
|
(b) Members of the committee shall select one of their |
number to serve
as chairman and may select other officers |
deemed necessary.
|
(c) Members of the committee shall serve without |
compensation but shall
be allowed necessary expenses incurred |
in the performance of their duties
under this Section.
|
(d) The committee shall cooperate with any appropriate |
public or private
entity to develop and administer programs |
designed to enhance the
self-sufficiency and quality of life of |
citizens with disabilities disabled citizens residing within |
the
jurisdiction of the township.
|
(e) The committee may receive any available monies from |
private
sources. The township board may provide funding from |
the township general
fund. The township board may establish and |
administer a separate fund
for the committee on persons with |
disabilities the disabled and shall authorize all committee
|
expenditures from that fund.
|
(f) The committee may enter into service agreements or |
contracts for the
purpose of providing needed or required |
services or make grants to another
governmental entity, |
not-for-profit corporation, or community service agency
to |
|
fund programs for persons with disabilities the disabled , |
subject to the approval of the township
board.
|
(g) The committee shall report monthly to the township |
board on its
activities and operation.
|
(h) For purposes of this Section, " persons with |
disabilities disabled " means any persons any person with
a |
physical or developmental disability.
|
(Source: P.A. 83-1362; 88-62.)
|
(60 ILCS 1/260-5)
|
Sec. 260-5. Distributions from general fund, generally. To |
the extent that
moneys in the township general fund have not |
been appropriated for other
purposes, the township board may |
direct that distributions be made from that
fund as follows:
|
(1) To (i) school districts maintaining grades 1 |
through 8 that are wholly
or partly located within the |
township or (ii) governmental units as defined in
Section 1 |
of the Community Mental Health Act that provide mental |
health
facilities and services (including facilities and |
services for persons with intellectual disabilities the |
intellectually disabled ) under that Act within the |
township, or (iii) both.
|
(2) To community action agencies that serve township |
residents. "Community
action agencies" are defined as in |
Part A of Title II of the federal Economic
Opportunity Act |
of 1964.
|
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 370. The Illinois Municipal Code is amended by |
changing Sections 8-3-7a, 10-5-2, 11-11.1-1, 11-20-14, |
11-74.3-6, 11-95-13, and 11-95-14 as follows:
|
(65 ILCS 5/8-3-7a) (from Ch. 24, par. 8-3-7a)
|
Sec. 8-3-7a.
(a) Whenever a petition containing the |
signatures of at
least l,000 or 10% of the registered voters, |
whichever is less, residing
in a municipality of 500,000 or |
fewer inhabitants is presented to the corporate
authorities of |
the municipality requesting the submission of a proposition
to |
levy a tax at a rate not exceeding .075% upon the value, as |
equalized
or assessed by the Department
of Revenue, of all |
property within the municipality subject to taxation,
for the |
purpose of financing a public transportation system for elderly
|
persons and persons with disabilities and handicapped persons , |
the corporate authorities of such municipality
shall adopt an |
ordinance or resolution directing the proper election |
officials
to place the proposition on the ballot at the next |
election at which such
proposition may be voted upon. The |
petition shall be filed with the corporate
authorities at least |
90 days prior to the next election at which such proposition
|
may be voted upon. The petition may specify whether the |
transportation
system financed by a tax levy under this Section |
is to serve only the municipality
levying such tax or specified |
|
regions outside the corporate boundaries of
such municipality |
in addition thereto. The petition shall be in substantially
the |
following form:
|
We, the undersigned registered voters residing in ..... |
(specify the municipality),
in the County of ..... and State of |
Illinois, do hereby petition that the
corporate authorities of |
....... (specify the municipality) be required
to place on the |
ballot the proposition requiring the municipality to levy an
|
annual tax at the rate of ...... (specify a rate not exceeding |
.075%) on
all taxable property in ....... (specify the |
municipality) for the purpose
of financing a public |
transportation system for elderly persons and persons with |
disabilities and handicapped
persons within ...... (specify |
the municipality and any regions outside
the corporate |
boundaries to be served by the transportation system).
|
Name......... Address...........
|
State of Illinois)
|
)ss
|
County of... )
|
I ........, do hereby certify that I am a registered voter, |
that I reside
at No....... street, in the ...... of ......... |
County of ......... and
State of Illinois, and that signatures |
in this sheet were signed in my presence,
and are genuine, and |
that to the best of my knowledge and belief the persons
so |
signing were at the time of signing the petitions registered |
voters,
and that their respective residences are correctly |
|
stated, as above set forth.
|
...................
|
Subscribed and sworn to me this ........... day of |
.......... A.D....
|
The proposition shall be in substantially the following |
form:
|
-------------------------------------------------------------
|
Shall a tax of ...... % (specify
|
a rate not exceeding .075%) be levied
|
annually on all taxable property in
|
......(specify the municipality) to pay YES
|
the cost of operating and maintaining
|
a public transportation system for -------------------
|
elderly persons and persons with disabilities and handicapped |
persons
|
within........(specify the municipality NO
|
and any regions outside the corporate
|
boundaries to be served by the
|
transportation system)?
|
-------------------------------------------------------------
|
If the majority of the voters of the municipality voting |
therein vote
in favor of the proposition, the corporate |
authorities of the municipality
shall levy such annual tax at |
the rate specified in the proposition. If
the majority of the |
vote is against such proposition, such tax may not be levied.
|
(b) Municipalities under this Section may contract with any |
|
not-for-profit
corporation, subject to the General Not for |
Profit Corporation Act and incorporated
primarily for the |
purpose of providing transportation to elderly persons and |
persons with disabilities and handicapped
persons , for such |
corporation to provide transportation-related services
for the |
purposes of this Section. Municipalities should utilize where |
possible
existing facilities and systems already operating for |
the purposes outlined
in this Section.
|
(c) Taxes authorized under this Section may be used only |
for the purpose
of financing a transportation system for |
elderly persons and persons with disabilities and handicapped |
persons
as authorized in this Section.
|
(d) For purposes of this Section, " persons with |
disabilities handicapped person " means
any individuals |
individual who, by reason of illness, injury, age, congenital |
malfunction,
or other permanent or temporary disability, are is |
unable without special public
transportation facilities or |
special planning or design to utilize ordinary
public |
transportation facilities and services as effectively as |
persons
who are not so affected.
|
"Public transportation for elderly persons and persons with |
disabilities and handicapped " means a transportation
system |
for persons who have mental or physical difficulty in accessing |
or
using the conventional public mass transportation system, or |
for any
other reason.
|
(Source: P.A. 83-656 .)
|
|
(65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)
|
Sec. 10-5-2.
|
Each such policy of insurance shall provide for the payment |
to every
volunteer member of such fire department receiving any |
injury, which injury
was sustained through accidental means and |
was caused by and arose out of
the duties of such member as a |
volunteer fireman, causing a disability
which prevents such |
member from pursuing his usual vocation, as follows:
|
In such cities, villages and incorporated towns having a |
population of
less than 1,000, a weekly indemnity of not less |
than $20,
|
In such cities, villages and incorporated towns having a |
population of
1,000 or more, a weekly indemnity of not less |
than $30.
|
Every such policy shall further provide:
|
(a) That the weekly indemnity payable thereunder shall be |
paid as long
as such disability shall continue, not however, to |
exceed a period of 52
weeks.
|
(b) That in the event of the death or total permanent |
disability of such
volunteer fireman, the sum of not less than |
$3,500 shall be paid to the
estate of any such volunteer |
fireman or to such volunteer fireman with a total permanent |
disability total permanently disabled
volunteer fireman , as |
the case may be.
|
(c) For the payment of such medical, surgical, hospital and |
|
nurse
services and supplies, as may be necessary on account of |
such injury, the
total sum thereof, however, not to exceed |
$750, for injuries sustained as
the result of any one accident.
|
This amendatory act of 1973 does not apply to any |
municipality which is
a home rule unit.
|
(Source: P.A. 78-481.)
|
(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
|
Sec. 11-11.1-1.
The corporate authorities of any |
municipality may enact
ordinances prescribing fair housing |
practices, defining unfair housing
practices, establishing |
Fair Housing or Human Relations Commissions and
standards for |
the operation of such Commissions in the administering and
|
enforcement of such ordinances, prohibiting discrimination |
based on race,
color, religion, sex, creed, ancestry, national |
origin, or physical
or mental disability handicap in
the |
listing, sale, assignment, exchange, transfer, lease, rental |
or
financing of real property for the purpose of the |
residential occupancy
thereof, and prescribing penalties for |
violations of such ordinances.
|
Such ordinances may provide for closed meetings of the |
Commissions or
other administrative agencies responsible for |
administering and enforcing
such ordinances for the purpose of |
conciliating complaints of
discrimination and such meetings |
shall not be subject to the provisions of
"An Act in relation |
to meetings", approved July 11, 1957, as amended. No
final |
|
action for the imposition or recommendation of a penalty by |
such
Commissions or agencies shall be taken, except at a |
meeting open to the
public.
|
To secure and guarantee the rights established by Sections |
17, 18 and
19 of Article I of the Illinois Constitution, it is |
declared that any ordinance
or standard enacted under the |
authority of this Section or under general
home rule power and |
any standard, rule or regulation of such a Commission
which |
prohibits, restricts, narrows or limits the housing choice of |
any person is
unenforceable and void.
Nothing in this |
amendatory Act of 1981 prohibits such a commission
or a unit of |
local government from making special outreach efforts to
inform |
members of minority groups of housing opportunities available |
in
areas of majority white concentration and make
similar |
efforts to inform the majority white population of available
|
housing opportunities located in areas
of minority |
concentration.
|
This amendatory Act of 1981 applies to municipalities which |
are home rule
units. Pursuant to Article VII, Section 6, |
paragraph (i) of the Illinois
Constitution, this amendatory Act |
of 1981 is a limit on the power of municipalities
that are home |
rule units.
|
(Source: P.A. 82-340.)
|
(65 ILCS 5/11-20-14) |
Sec. 11-20-14. Companion dogs; restaurants. |
|
Notwithstanding any other prohibition to the contrary, a |
municipality with a population of 1,000,000 or more may, by |
ordinance, authorize the presence of companion dogs in outdoor |
areas of restaurants where food is served, if the ordinance |
provides for adequate controls to ensure compliance with the |
Illinois Food, Drug, and Cosmetic Act, the Food Handling |
Regulation Enforcement Act, the Sanitary Food Preparation Act, |
and any other applicable statutes and ordinances. An ordinance |
enacted under this Section shall provide that: (i) no companion |
dog shall be present in the interior of any restaurant or in |
any area where food is prepared; and (ii) the restaurant shall |
have the right to refuse to serve the owner of a companion dog |
if the owner fails to exercise reasonable control over the |
companion dog or the companion dog is otherwise behaving in a |
manner that compromises or threatens to compromise the health |
or safety of any person present in the restaurant, including, |
but not limited to, violations and potential violations of any |
applicable health code or other statute or ordinance. An |
ordinance enacted under this Section may also provide for a |
permitting process to authorize individual restaurants to |
permit dogs as provided in this Section and to charge |
applicants and authorized restaurants a reasonable permit fee |
as the ordinance may establish. |
For the purposes of this Section, "companion dog" means a |
dog other than a service dog assisting a person with a |
disability handicapped person .
|
|
(Source: P.A. 95-276, eff. 1-1-08.)
|
(65 ILCS 5/11-74.3-6) |
Sec. 11-74.3-6. Business district revenue and obligations; |
business district tax allocation fund. |
(a) If the corporate authorities of a municipality have |
approved a business district plan, have designated a business |
district, and have elected to impose a tax by ordinance |
pursuant to subsection (10) or (11) of Section 11-74.3-3, then |
each year after the date of the approval of the ordinance but |
terminating upon the date all business district project costs |
and all obligations paying or reimbursing business district |
project costs, if any, have been paid, but in no event later |
than the dissolution date, all amounts generated by the |
retailers' occupation tax and service occupation tax shall be |
collected and the tax shall be enforced by the Department of |
Revenue in the same manner as all retailers' occupation taxes |
and service occupation taxes imposed in the municipality |
imposing the tax and all amounts generated by the hotel |
operators' occupation tax shall be collected and the tax shall |
be enforced by the municipality in the same manner as all hotel |
operators' occupation taxes imposed in the municipality |
imposing the tax. The corporate authorities of the municipality |
shall deposit the proceeds of the taxes imposed under |
subsections (10) and (11) of Section 11-74.3-3 into a special |
fund of the municipality called the "[Name of] Business |
|
District Tax Allocation Fund" for the purpose of paying or |
reimbursing business district project costs and obligations |
incurred in the payment of those costs. |
(b) The corporate authorities of a municipality that has |
designated a business district under this Law may, by |
ordinance, impose a Business District Retailers' Occupation |
Tax upon all persons engaged in the business of selling |
tangible personal property, other than an item of tangible |
personal property titled or registered with an agency of this |
State's government, at retail in the business district at a |
rate not to exceed 1% of the gross receipts from the sales made |
in the course of such business, to be imposed only in 0.25% |
increments. The tax may not be imposed on food for human |
consumption that is to be consumed off the premises where it is |
sold (other than alcoholic beverages, soft drinks, and food |
that has been prepared for immediate consumption),
|
prescription and nonprescription medicines, drugs, medical |
appliances, modifications to a motor vehicle for the purpose of |
rendering it usable by a person with a disability disabled |
person , and insulin, urine testing materials, syringes, and |
needles used by diabetics, for human use. |
The tax imposed under this subsection and all civil |
penalties that may be assessed as an incident thereof shall be |
collected and enforced by the Department of Revenue. The |
certificate of registration that is issued by the Department to |
a retailer under the Retailers' Occupation Tax Act shall permit |
|
the retailer to engage in a business that is taxable under any |
ordinance or resolution enacted pursuant to this subsection |
without registering separately with the Department under such |
ordinance or resolution or under this subsection. The |
Department of Revenue shall have full power to administer and |
enforce this subsection; to collect all taxes and penalties due |
under this subsection in the manner hereinafter provided; and |
to determine all rights to credit memoranda arising on account |
of the erroneous payment of tax or penalty under this |
subsection. In the administration of, and compliance with, this |
subsection, the Department and persons who are subject to this |
subsection shall have the same rights, remedies, privileges, |
immunities, powers and duties, and be subject to the same |
conditions, restrictions, limitations, penalties, exclusions, |
exemptions, and definitions of terms and employ the same modes |
of procedure, as are prescribed in Sections 1, 1a through 1o, 2 |
through 2-65 (in respect to all provisions therein other than |
the State rate of tax), 2c through 2h, 3 (except as to the |
disposition of taxes and penalties collected), 4, 5, 5a, 5c, |
5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, |
12, 13, and 14 of the Retailers' Occupation Tax Act and all |
provisions of the Uniform Penalty and Interest Act, as fully as |
if those provisions were set forth herein. |
Persons subject to any tax imposed under this subsection |
may reimburse themselves for their seller's tax liability under |
this subsection by separately stating the tax as an additional |
|
charge, which charge may be stated in combination, in a single |
amount, with State taxes that sellers are required to collect |
under the Use Tax Act, in accordance with such bracket |
schedules as the Department may prescribe. |
Whenever the Department determines that a refund should be |
made under this subsection to a claimant instead of issuing a |
credit memorandum, the Department shall notify the State |
Comptroller, who shall cause the order to be drawn for the |
amount specified and to the person named in the notification |
from the Department. The refund shall be paid by the State |
Treasurer out of the business district retailers' occupation |
tax fund. |
The Department shall immediately pay over to the State |
Treasurer, ex officio, as trustee, all taxes, penalties, and |
interest collected under this subsection for deposit into the |
business district retailers' occupation tax fund. |
As soon as possible after the first day of each month, |
beginning January 1, 2011, upon certification of the Department |
of Revenue, the Comptroller shall order transferred, and the |
Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
local sales tax increment, as defined in the Innovation |
Development and Economy Act, collected under this subsection |
during the second preceding calendar month for sales within a |
STAR bond district. |
After the monthly transfer to the STAR Bonds Revenue Fund, |
on or before the 25th day of each calendar month, the |
|
Department shall prepare and certify to the Comptroller the |
disbursement of stated sums of money to named municipalities |
from the business district retailers' occupation tax fund, the |
municipalities to be those from which retailers have paid taxes |
or penalties under this subsection to the Department during the |
second preceding calendar month. The amount to be paid to each |
municipality shall be the amount (not including credit |
memoranda) collected under this subsection during the second |
preceding calendar month by the Department plus an amount the |
Department determines is necessary to offset any amounts that |
were erroneously paid to a different taxing body, and not |
including an amount equal to the amount of refunds made during |
the second preceding calendar month by the Department, less 2% |
of that amount, which shall be deposited into the Tax |
Compliance and Administration Fund and shall be used by the |
Department, subject to appropriation, to cover the costs of the |
Department in administering and enforcing the provisions of |
this subsection, on behalf of such municipality, and not |
including any amount that the Department determines is |
necessary to offset any amounts that were payable to a |
different taxing body but were erroneously paid to the |
municipality, and not including any amounts that are |
transferred to the STAR Bonds Revenue Fund. Within 10 days |
after receipt by the Comptroller of the disbursement |
certification to the municipalities provided for in this |
subsection to be given to the Comptroller by the Department, |
|
the Comptroller shall cause the orders to be drawn for the |
respective amounts in accordance with the directions contained |
in the certification. The proceeds of the tax paid to |
municipalities under this subsection shall be deposited into |
the Business District Tax Allocation Fund by the municipality.
|
An ordinance imposing or discontinuing the tax under this |
subsection or effecting a change in the rate thereof shall |
either (i) be adopted and a certified copy thereof filed with |
the Department on or before the first day of April, whereupon |
the Department, if all other requirements of this subsection |
are met, shall proceed to administer and enforce this |
subsection as of the first day of July next following the |
adoption and filing; or (ii) be adopted and a certified copy |
thereof filed with the Department on or before the first day of |
October, whereupon, if all other requirements of this |
subsection are met, the Department shall proceed to administer |
and enforce this subsection as of the first day of January next |
following the adoption and filing. |
The Department of Revenue shall not administer or enforce |
an ordinance imposing, discontinuing, or changing the rate of |
the tax under this subsection, until the municipality also |
provides, in the manner prescribed by the Department, the |
boundaries of the business district and each address in the |
business district in such a way that the Department can |
determine by its address whether a business is located in the |
business district. The municipality must provide this boundary |
|
and address information to the Department on or before April 1 |
for administration and enforcement of the tax under this |
subsection by the Department beginning on the following July 1 |
and on or before October 1 for administration and enforcement |
of the tax under this subsection by the Department beginning on |
the following January 1. The Department of Revenue shall not |
administer or enforce any change made to the boundaries of a |
business district or address change, addition, or deletion |
until the municipality reports the boundary change or address |
change, addition, or deletion to the Department in the manner |
prescribed by the Department. The municipality must provide |
this boundary change information or address change, addition, |
or deletion to the Department on or before April 1 for |
administration and enforcement by the Department of the change |
beginning on the following July 1 and on or before October 1 |
for administration and enforcement by the Department of the |
change beginning on the following January 1. The retailers in |
the business district shall be responsible for charging the tax |
imposed under this subsection. If a retailer is incorrectly |
included or excluded from the list of those required to collect |
the tax under this subsection, both the Department of Revenue |
and the retailer shall be held harmless if they reasonably |
relied on information provided by the municipality. |
A municipality that imposes the tax under this subsection |
must submit to the Department of Revenue any other information |
as the Department may require for the administration and |
|
enforcement of the tax.
|
When certifying the amount of a monthly disbursement to a |
municipality under this subsection, the Department shall |
increase or decrease the amount by an amount necessary to |
offset any misallocation of previous disbursements. The offset |
amount shall be the amount erroneously disbursed within the |
previous 6 months from the time a misallocation is discovered. |
Nothing in this subsection shall be construed to authorize |
the municipality to impose a tax upon the privilege of engaging |
in any business which under the Constitution of the United |
States may not be made the subject of taxation by this State. |
If a tax is imposed under this subsection (b), a tax shall |
also be imposed under subsection (c) of this Section. |
(c) If a tax has been imposed under subsection (b), a |
Business District Service Occupation Tax shall also be imposed |
upon all persons engaged, in the business district, in the |
business of making sales of service, who, as an incident to |
making those sales of service, transfer tangible personal |
property within the business district, either in the form of |
tangible personal property or in the form of real estate as an |
incident to a sale of service. The tax shall be imposed at the |
same rate as the tax imposed in subsection (b) and shall not |
exceed 1% of the selling price of tangible personal property so |
transferred within the business district, to be imposed only in |
0.25% increments. The tax may not be imposed on food for human |
consumption that is to be consumed off the premises where it is |
|
sold (other than alcoholic beverages, soft drinks, and food |
that has been prepared for immediate consumption),
|
prescription and nonprescription medicines, drugs, medical |
appliances, modifications to a motor vehicle for the purpose of |
rendering it usable by a person with a disability disabled |
person , and insulin, urine testing materials, syringes, and |
needles used by diabetics, for human use. |
The tax imposed under this subsection and all civil |
penalties that may be assessed as an incident thereof shall be |
collected and enforced by the Department of Revenue. The |
certificate of registration which is issued by the Department |
to a retailer under the Retailers' Occupation Tax Act or under |
the Service Occupation Tax Act shall permit such registrant to |
engage in a business which is taxable under any ordinance or |
resolution enacted pursuant to this subsection without |
registering separately with the Department under such |
ordinance or resolution or under this subsection. The |
Department of Revenue shall have full power to administer and |
enforce this subsection; to collect all taxes and penalties due |
under this subsection; to dispose of taxes and penalties so |
collected in the manner hereinafter provided; and to determine |
all rights to credit memoranda arising on account of the |
erroneous payment of tax or penalty under this subsection. In |
the administration of, and compliance with this subsection, the |
Department and persons who are subject to this subsection shall |
have the same rights, remedies, privileges, immunities, powers |
|
and duties, and be subject to the same conditions, |
restrictions, limitations, penalties, exclusions, exemptions, |
and definitions of terms and employ the same modes of procedure |
as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 |
(in respect to all provisions therein other than the State rate |
of tax), 4 (except that the reference to the State shall be to |
the business district), 5, 7, 8 (except that the jurisdiction |
to which the tax shall be a debt to the extent indicated in |
that Section 8 shall be the municipality), 9 (except as to the |
disposition of taxes and penalties collected, and except that |
the returned merchandise credit for this tax may not be taken |
against any State tax), 10, 11, 12 (except the reference |
therein to Section 2b of the Retailers' Occupation Tax Act), 13 |
(except that any reference to the State shall mean the |
municipality), the first paragraph of Section 15, and Sections |
16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all |
provisions of the Uniform Penalty and Interest Act, as fully as |
if those provisions were set forth herein. |
Persons subject to any tax imposed under the authority |
granted in this subsection may reimburse themselves for their |
serviceman's tax liability hereunder by separately stating the |
tax as an additional charge, which charge may be stated in |
combination, in a single amount, with State tax that servicemen |
are authorized to collect under the Service Use Tax Act, in |
accordance with such bracket schedules as the Department may |
prescribe. |
|
Whenever the Department determines that a refund should be |
made under this subsection to a claimant instead of issuing |
credit memorandum, the Department shall notify the State |
Comptroller, who shall cause the order to be drawn for the |
amount specified, and to the person named, in such notification |
from the Department. Such refund shall be paid by the State |
Treasurer out of the business district retailers' occupation |
tax fund. |
The Department shall forthwith pay over to the State |
Treasurer, ex-officio, as trustee, all taxes, penalties, and |
interest collected under this subsection for deposit into the |
business district retailers' occupation tax fund. |
As soon as possible after the first day of each month, |
beginning January 1, 2011, upon certification of the Department |
of Revenue, the Comptroller shall order transferred, and the |
Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
local sales tax increment, as defined in the Innovation |
Development and Economy Act, collected under this subsection |
during the second preceding calendar month for sales within a |
STAR bond district. |
After the monthly transfer to the STAR Bonds Revenue Fund, |
on or before the 25th day of each calendar month, the |
Department shall prepare and certify to the Comptroller the |
disbursement of stated sums of money to named municipalities |
from the business district retailers' occupation tax fund, the |
municipalities to be those from which suppliers and servicemen |
|
have paid taxes or penalties under this subsection to the |
Department during the second preceding calendar month. The |
amount to be paid to each municipality shall be the amount (not |
including credit memoranda) collected under this subsection |
during the second preceding calendar month by the Department, |
less 2% of that amount, which shall be deposited into the Tax |
Compliance and Administration Fund and shall be used by the |
Department, subject to appropriation, to cover the costs of the |
Department in administering and enforcing the provisions of |
this subsection, and not including an amount equal to the |
amount of refunds made during the second preceding calendar |
month by the Department on behalf of such municipality, and not |
including any amounts that are transferred to the STAR Bonds |
Revenue Fund. Within 10 days after receipt, by the Comptroller, |
of the disbursement certification to the municipalities, |
provided for in this subsection to be given to the Comptroller |
by the Department, the Comptroller shall cause the orders to be |
drawn for the respective amounts in accordance with the |
directions contained in such certification. The proceeds of the |
tax paid to municipalities under this subsection shall be |
deposited into the Business District Tax Allocation Fund by the |
municipality. |
An ordinance imposing or discontinuing the tax under this |
subsection or effecting a change in the rate thereof shall |
either (i) be adopted and a certified copy thereof filed with |
the Department on or before the first day of April, whereupon |
|
the Department, if all other requirements of this subsection |
are met, shall proceed to administer and enforce this |
subsection as of the first day of July next following the |
adoption and filing; or (ii) be adopted and a certified copy |
thereof filed with the Department on or before the first day of |
October, whereupon, if all other conditions of this subsection |
are met, the Department shall proceed to administer and enforce |
this subsection as of the first day of January next following |
the adoption and filing. |
The Department of Revenue shall not administer or enforce |
an ordinance imposing, discontinuing, or changing the rate of |
the tax under this subsection, until the municipality also |
provides, in the manner prescribed by the Department, the |
boundaries of the business district in such a way that the |
Department can determine by its address whether a business is |
located in the business district. The municipality must provide |
this boundary and address information to the Department on or |
before April 1 for administration and enforcement of the tax |
under this subsection by the Department beginning on the |
following July 1 and on or before October 1 for administration |
and enforcement of the tax under this subsection by the |
Department beginning on the following January 1. The Department |
of Revenue shall not administer or enforce any change made to |
the boundaries of a business district or address change, |
addition, or deletion until the municipality reports the |
boundary change or address change, addition, or deletion to the |
|
Department in the manner prescribed by the Department. The |
municipality must provide this boundary change information or |
address change, addition, or deletion to the Department on or |
before April 1 for administration and enforcement by the |
Department of the change beginning on the following July 1 and |
on or before October 1 for administration and enforcement by |
the Department of the change beginning on the following January |
1. The retailers in the business district shall be responsible |
for charging the tax imposed under this subsection. If a |
retailer is incorrectly included or excluded from the list of |
those required to collect the tax under this subsection, both |
the Department of Revenue and the retailer shall be held |
harmless if they reasonably relied on information provided by |
the municipality. |
A municipality that imposes the tax under this subsection |
must submit to the Department of Revenue any other information |
as the Department may require for the administration and |
enforcement of the tax.
|
Nothing in this subsection shall be construed to authorize |
the municipality to impose a tax upon the privilege of engaging |
in any business which under the Constitution of the United |
States may not be made the subject of taxation by the State. |
If a tax is imposed under this subsection (c), a tax shall |
also be imposed under subsection (b) of this Section. |
(d) By ordinance, a municipality that has designated a |
business district under this Law may impose an occupation tax |
|
upon all persons engaged in the business district in the |
business of renting, leasing, or letting rooms in a hotel, as |
defined in the Hotel Operators' Occupation Tax Act, at a rate |
not to exceed 1% of the gross rental receipts from the renting, |
leasing, or letting of hotel rooms within the business |
district, to be imposed only in 0.25% increments, excluding, |
however, from gross rental receipts the proceeds of renting, |
leasing, or letting to permanent residents of a hotel, as |
defined in the Hotel Operators' Occupation Tax Act, and |
proceeds from the tax imposed under subsection (c) of Section |
13 of the Metropolitan Pier and Exposition Authority Act. |
The tax imposed by the municipality under this subsection |
and all civil penalties that may be assessed as an incident to |
that tax shall be collected and enforced by the municipality |
imposing the tax. The municipality shall have full power to |
administer and enforce this subsection, to collect all taxes |
and penalties due under this subsection, to dispose of taxes |
and penalties so collected in the manner provided in this |
subsection, and to determine all rights to credit memoranda |
arising on account of the erroneous payment of tax or penalty |
under this subsection. In the administration of and compliance |
with this subsection, the municipality and persons who are |
subject to this subsection shall have the same rights, |
remedies, privileges, immunities, powers, and duties, shall be |
subject to the same conditions, restrictions, limitations, |
penalties, and definitions of terms, and shall employ the same |
|
modes of procedure as are employed with respect to a tax |
adopted by the municipality under Section 8-3-14 of this Code. |
Persons subject to any tax imposed under the authority |
granted in this subsection may reimburse themselves for their |
tax liability for that tax by separately stating that tax as an |
additional charge, which charge may be stated in combination, |
in a single amount, with State taxes imposed under the Hotel |
Operators' Occupation Tax Act, and with any other tax. |
Nothing in this subsection shall be construed to authorize |
a municipality to impose a tax upon the privilege of engaging |
in any business which under the Constitution of the United |
States may not be made the subject of taxation by this State. |
The proceeds of the tax imposed under this subsection shall |
be deposited into the Business District Tax Allocation Fund.
|
(e) Obligations secured by the Business District Tax |
Allocation Fund may be issued to provide for the payment or |
reimbursement of business district project costs. Those |
obligations, when so issued, shall be retired in the manner |
provided in the ordinance authorizing the issuance of those |
obligations by the receipts of taxes imposed pursuant to |
subsections (10) and (11) of Section 11-74.3-3 and by other |
revenue designated or pledged by the municipality. A |
municipality may in the ordinance pledge, for any period of |
time up to and including the dissolution date, all or any part |
of the funds in and to be deposited in the Business District |
Tax Allocation Fund to the payment of business district project |
|
costs and obligations. Whenever a municipality pledges all of |
the funds to the credit of a business district tax allocation |
fund to secure obligations issued or to be issued to pay or |
reimburse business district project costs, the municipality |
may specifically provide that funds remaining to the credit of |
such business district tax allocation fund after the payment of |
such obligations shall be accounted for annually and shall be |
deemed to be "surplus" funds, and such "surplus" funds shall be |
expended by the municipality for any business district project |
cost as approved in the business district plan. Whenever a |
municipality pledges less than all of the monies to the credit |
of a business district tax allocation fund to secure |
obligations issued or to be issued to pay or reimburse business |
district project costs, the municipality shall provide that |
monies to the credit of the business district tax allocation |
fund and not subject to such pledge or otherwise encumbered or |
required for payment of contractual obligations for specific |
business district project costs shall be calculated annually |
and shall be deemed to be "surplus" funds, and such "surplus" |
funds shall be expended by the municipality for any business |
district project cost as approved in the business district |
plan. |
No obligation issued pursuant to this Law and secured by a |
pledge of all or any portion of any revenues received or to be |
received by the municipality from the imposition of taxes |
pursuant to subsection (10) of Section 11-74.3-3, shall be |
|
deemed to constitute an economic incentive agreement under |
Section 8-11-20, notwithstanding the fact that such pledge |
provides for the sharing, rebate, or payment of retailers' |
occupation taxes or service occupation taxes imposed pursuant |
to subsection (10) of Section 11-74.3-3 and received or to be |
received by the municipality from the development or |
redevelopment of properties in the business district. |
Without limiting the foregoing in this Section, the |
municipality may further secure obligations secured by the |
business district tax allocation fund with a pledge, for a |
period not greater than the term of the obligations and in any |
case not longer than the dissolution date, of any part or any |
combination of the following: (i) net revenues of all or part |
of any business district project; (ii) taxes levied or imposed |
by the municipality on any or all property in the municipality, |
including, specifically, taxes levied or imposed by the |
municipality in a special service area pursuant to the Special |
Service Area Tax Law; (iii) the full faith and credit of the |
municipality; (iv) a mortgage on part or all of the business |
district project; or (v) any other taxes or anticipated |
receipts that the municipality may lawfully pledge. |
Such obligations may be issued in one or more series, bear |
such date or dates, become due at such time or times as therein |
provided, but in any case not later than (i) 20 years after the |
date of issue or (ii) the dissolution date, whichever is |
earlier, bear interest payable at such intervals and at such |
|
rate or rates as set forth therein, except as may be limited by |
applicable law, which rate or rates may be fixed or variable, |
be in such denominations, be in such form, either coupon, |
registered, or book-entry, carry such conversion, registration |
and exchange privileges, be subject to defeasance upon such |
terms, have such rank or priority, be executed in such manner, |
be payable in such medium or payment at such place or places |
within or without the State, make provision for a corporate |
trustee within or without the State with respect to such |
obligations, prescribe the rights, powers, and duties thereof |
to be exercised for the benefit of the municipality and the |
benefit of the owners of such obligations, provide for the |
holding in trust, investment, and use of moneys, funds, and |
accounts held under an ordinance, provide for assignment of and |
direct payment of the moneys to pay such obligations or to be |
deposited into such funds or accounts directly to such trustee, |
be subject to such terms of redemption with or without premium, |
and be sold at such price, all as the corporate authorities |
shall determine. No referendum approval of the electors shall |
be required as a condition to the issuance of obligations |
pursuant to this Law except as provided in this Section. |
In the event the municipality authorizes the issuance of |
obligations pursuant to the authority of this Law secured by |
the full faith and credit of the municipality, or pledges ad |
valorem taxes pursuant to this subsection, which obligations |
are other than obligations which may be issued under home rule |
|
powers provided by Section 6 of Article VII of the Illinois |
Constitution or which ad valorem taxes are other than ad |
valorem taxes which may be pledged under home rule powers |
provided by Section 6 of Article VII of the Illinois |
Constitution or which are levied in a special service area |
pursuant to the Special Service Area Tax Law, the ordinance |
authorizing the issuance of those obligations or pledging those |
taxes shall be published within 10 days after the ordinance has |
been adopted, in a newspaper having a general circulation |
within the municipality. The publication of the ordinance shall |
be accompanied by a notice of (i) the specific number of voters |
required to sign a petition requesting the question of the |
issuance of the obligations or pledging such ad valorem taxes |
to be submitted to the electors; (ii) the time within which the |
petition must be filed; and (iii) the date of the prospective |
referendum. The municipal clerk shall provide a petition form |
to any individual requesting one. |
If no petition is filed with the municipal clerk, as |
hereinafter provided in this Section, within 21 days after the |
publication of the ordinance, the ordinance shall be in effect. |
However, if within that 21-day period a petition is filed with |
the municipal clerk, signed by electors numbering not less than |
15% of the number of electors voting for the mayor or president |
at the last general municipal election, asking that the |
question of issuing obligations using full faith and credit of |
the municipality as security for the cost of paying or |
|
reimbursing business district project costs, or of pledging |
such ad valorem taxes for the payment of those obligations, or |
both, be submitted to the electors of the municipality, the |
municipality shall not be authorized to issue obligations of |
the municipality using the full faith and credit of the |
municipality as security or pledging such ad valorem taxes for |
the payment of those obligations, or both, until the |
proposition has been submitted to and approved by a majority of |
the voters voting on the proposition at a regularly scheduled |
election. The municipality shall certify the proposition to the |
proper election authorities for submission in accordance with |
the general election law. |
The ordinance authorizing the obligations may provide that |
the obligations shall contain a recital that they are issued |
pursuant to this Law, which recital shall be conclusive |
evidence of their validity and of the regularity of their |
issuance. |
In the event the municipality authorizes issuance of |
obligations pursuant to this Law secured by the full faith and |
credit of the municipality, the ordinance authorizing the |
obligations may provide for the levy and collection of a direct |
annual tax upon all taxable property within the municipality |
sufficient to pay the principal thereof and interest thereon as |
it matures, which levy may be in addition to and exclusive of |
the maximum of all other taxes authorized to be levied by the |
municipality, which levy, however, shall be abated to the |
|
extent that monies from other sources are available for payment |
of the obligations and the municipality certifies the amount of |
those monies available to the county clerk. |
A certified copy of the ordinance shall be filed with the |
county clerk of each county in which any portion of the |
municipality is situated, and shall constitute the authority |
for the extension and collection of the taxes to be deposited |
in the business district tax allocation fund. |
A municipality may also issue its obligations to refund, in |
whole or in part, obligations theretofore issued by the |
municipality under the authority of this Law, whether at or |
prior to maturity. However, the last maturity of the refunding |
obligations shall not be expressed to mature later than the |
dissolution date. |
In the event a municipality issues obligations under home |
rule powers or other legislative authority, the proceeds of |
which are pledged to pay or reimburse business district project |
costs, the municipality may, if it has followed the procedures |
in conformance with this Law, retire those obligations from |
funds in the business district tax allocation fund in amounts |
and in such manner as if those obligations had been issued |
pursuant to the provisions of this Law. |
No obligations issued pursuant to this Law shall be |
regarded as indebtedness of the municipality issuing those |
obligations or any other taxing district for the purpose of any |
limitation imposed by law. |
|
Obligations issued pursuant to this Law shall not be |
subject to the provisions of the Bond Authorization Act. |
(f) When business district project costs, including, |
without limitation, all obligations paying or reimbursing |
business district project costs have been paid, any surplus |
funds then remaining in the Business District Tax Allocation |
Fund shall be distributed to the municipal treasurer for |
deposit into the general corporate fund of the municipality. |
Upon payment of all business district project costs and |
retirement of all obligations paying or reimbursing business |
district project costs, but in no event more than 23 years |
after the date of adoption of the ordinance imposing taxes |
pursuant to subsection (10) or (11) of Section 11-74.3-3, the |
municipality shall adopt an ordinance immediately rescinding |
the taxes imposed pursuant to subsection (10) or (11) of |
Section 11-74.3-3.
|
(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10; |
96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
|
(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
|
Sec. 11-95-13.
The corporate authorities of a municipality |
specified in Section 11-95-2
and a recreation board specified |
in Section 11-95-3 are authorized to
establish, maintain and |
manage recreational programs for persons with disabilities the |
handicapped ,
including both persons with mental disabilities |
and persons with physical disabilities mentally and physically |
|
handicapped , to provide
transportation for persons with |
disabilities the handicapped to and from such programs, to |
provide
for such examination of participants in such programs |
as may be deemed
necessary, to charge fees for participating in |
such programs, the fee
charged for non-residents of such |
municipality need not be the same as the
fees charged the |
residents of the municipality, and to charge fees for
|
transportation furnished to participants.
|
(Source: P.A. 76-806.)
|
(65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)
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Sec. 11-95-14.
The corporate authorities of any 2 or more
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municipalities specified in Section 11-95-2 and any 2 or more |
recreation
boards specified in Section 11-95-3, or any |
combination thereof, are
authorized to take any action jointly |
relating to recreational programs
for persons with |
disabilities the handicapped that could be taken individually |
and to enter into
agreements with other such
recreation boards, |
corporate authorities and park districts or any
combination |
thereof, for the purpose of providing for the establishment,
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maintenance and management of joint recreational programs for |
persons with disabilities the
handicapped of all the |
participating districts and municipal areas,
including |
provisions for transportation of participants, procedures for
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approval of budgets, authorization of expenditures and sharing |
of
expenses, location of recreational areas in the area of any |
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of the
participating districts and municipalities, acquisition |
of real estate by
gift, legacy, grant, or purchase, employment |
of a director and
other professional workers for such program |
who may be employed by one
participating district, municipality |
or board which shall be reimbursed
on a mutually agreed basis |
by the other municipalities, districts and
boards that are |
parties to the joint agreement, authorization for one
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municipality, board or district to supply professional workers |
for a
joint program conducted in another municipality or |
district and to
provide other requirements for operation of |
such joint program as may be
desirable. The corporate |
authorities of any municipality that is a
party to a joint |
agreement entered into under this Section may levy and
collect |
a tax, in the manner provided by law for the levy and |
collection
of other municipal taxes in the municipality but in |
addition to taxes
for general purposes authorized by Section |
8-3-1 or levied as limited by
any provision of a special |
charter under which the municipality is
incorporated, at not to |
exceed .04% of the value, as equalized or
assessed by the |
Department of Revenue, of all taxable
property within the |
municipality for the purpose of funding that
municipality's |
share of the expenses for providing the programs under
that |
joint agreement. However, no tax may be levied pursuant to this
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Section in any area in which a tax is levied under Section 5-8 |
of the Park
District Code.
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(Source: P.A. 92-230, eff. 1-1-02.)
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Section 375. The Flood Prevention District Act is amended |
by changing Section 25 as follows:
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(70 ILCS 750/25)
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Sec. 25. Flood prevention retailers' and service |
occupation taxes. |
(a) If the Board of Commissioners of a flood prevention |
district determines that an emergency situation exists |
regarding levee repair or flood prevention, and upon an |
ordinance confirming the determination adopted by the |
affirmative vote of a majority of the members of the county |
board of the county in which the district is situated, the |
county may impose a flood prevention
retailers' occupation tax |
upon all persons engaged in the business of
selling tangible |
personal property at retail within the territory of the |
district to provide revenue to pay the costs of providing |
emergency levee repair and flood prevention and to secure the |
payment of bonds, notes, and other evidences of indebtedness |
issued under this Act for a period not to exceed 25 years or as |
required to repay the bonds, notes, and other evidences of |
indebtedness issued under this Act.
The tax rate shall be 0.25%
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of the gross receipts from all taxable sales made in the course |
of that
business. The tax
imposed under this Section and all |
civil penalties that may be
assessed as an incident thereof |
shall be collected and enforced by the
State Department of |
|
Revenue. The Department shall have full power to
administer and |
enforce this Section; to collect all taxes and penalties
so |
collected in the manner hereinafter provided; and to determine |
all
rights to credit memoranda arising on account of the |
erroneous payment
of tax or penalty hereunder. |
In the administration of and compliance with this |
subsection, the Department and persons who are subject to this |
subsection (i) have the same rights, remedies, privileges, |
immunities, powers, and duties, (ii) are subject to the same |
conditions, restrictions, limitations, penalties, and |
definitions of terms, and (iii) shall employ the same modes of |
procedure as are set forth in Sections 1 through 1o, 2 through |
2-70 (in respect to all provisions contained in those Sections |
other than the State rate of tax), 2a through 2h, 3 (except as |
to the disposition of taxes and penalties collected), 4, 5, 5a, |
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, |
11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and |
all provisions of the Uniform Penalty and Interest Act as if |
those provisions were set forth in this subsection. |
Persons subject to any tax imposed under this Section may |
reimburse themselves for their seller's tax
liability |
hereunder by separately stating the tax as an additional
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charge, which charge may be stated in combination in a single |
amount
with State taxes that sellers are required to collect |
under the Use
Tax Act, under any bracket schedules the
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Department may prescribe. |
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If a tax is imposed under this subsection (a), a tax shall |
also
be imposed under subsection (b) of this Section. |
(b) If a tax has been imposed under subsection (a), a flood |
prevention service occupation
tax shall
also be imposed upon |
all persons engaged within the territory of the district in
the |
business of making sales of service, who, as an incident to |
making the sales
of service, transfer tangible personal |
property,
either in the form of tangible personal property or |
in the form of real estate
as an incident to a sale of service |
to provide revenue to pay the costs of providing emergency |
levee repair and flood prevention and to secure the payment of |
bonds, notes, and other evidences of indebtedness issued under |
this Act for a period not to exceed 25 years or as required to |
repay the bonds, notes, and other evidences of indebtedness. |
The tax rate shall be 0.25% of the selling price
of all |
tangible personal property transferred. |
The tax imposed under this subsection and all civil
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penalties that may be assessed as an incident thereof shall be |
collected
and enforced by the State Department of Revenue. The |
Department shall
have full power to administer and enforce this |
subsection; to collect all
taxes and penalties due hereunder; |
to dispose of taxes and penalties
collected in the manner |
hereinafter provided; and to determine all
rights to credit |
memoranda arising on account of the erroneous payment
of tax or |
penalty hereunder. |
In the administration of and compliance with this |
|
subsection, the Department and persons who are subject to this |
subsection shall (i) have the same rights, remedies, |
privileges, immunities, powers, and duties, (ii) be subject to |
the same conditions, restrictions, limitations, penalties, and |
definitions of terms, and (iii) employ the same modes of |
procedure as are set forth in Sections 2 (except that the |
reference to State in the definition of supplier maintaining a |
place of business in this State means the district), 2a through |
2d, 3 through 3-50 (in respect to all provisions contained in |
those Sections other than the State rate of tax), 4 (except |
that the reference to the State shall be to the district), 5, |
7, 8 (except that the jurisdiction to which the tax is a debt |
to the extent indicated in that Section 8 is the district), 9 |
(except as to the disposition of taxes and penalties |
collected), 10, 11, 12 (except the reference therein to Section |
2b of the Retailers' Occupation Tax Act), 13 (except that any |
reference to the State means the district), Section 15, 16, 17, |
18, 19, and 20 of the Service Occupation Tax Act and all |
provisions of the Uniform Penalty and Interest Act, as fully as |
if those provisions were set forth herein. |
Persons subject to any tax imposed under the authority |
granted
in this subsection may reimburse themselves for their |
serviceman's tax
liability hereunder by separately stating the |
tax as an additional
charge, that charge may be stated in |
combination in a single amount
with State tax that servicemen |
are authorized to collect under the
Service Use Tax Act, under |
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any bracket schedules the
Department may prescribe. |
(c) The taxes imposed in subsections (a) and (b) may not be |
imposed on personal property titled or registered with an |
agency of the State; food for human consumption that is to be |
consumed off the premises where it is sold (other than |
alcoholic beverages, soft drinks, and food that has been |
prepared for immediate consumption); prescription and |
non-prescription medicines, drugs, and medical appliances; |
modifications to a motor vehicle for the purpose of rendering |
it usable by a person with a disability disabled person ; or |
insulin, urine testing materials, and syringes and needles used |
by diabetics. |
(d) Nothing in this Section shall be construed to authorize |
the
district to impose a tax upon the privilege of engaging in |
any business
that under the Constitution of the United States |
may not be made the
subject of taxation by the State. |
(e) The certificate of registration that is issued by the |
Department to a retailer under the Retailers' Occupation Tax |
Act or a serviceman under the Service Occupation Tax Act |
permits the retailer or serviceman to engage in a business that |
is taxable without registering separately with the Department |
under an ordinance or resolution under this Section. |
(f) The Department shall immediately pay over to the State |
Treasurer, ex officio, as trustee, all taxes and penalties |
collected under this Section to be deposited into the Flood |
Prevention Occupation Tax Fund, which shall be an |
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unappropriated trust fund held outside the State treasury. |
On or before the 25th day of each calendar month, the |
Department shall prepare and certify to the Comptroller the |
disbursement of stated sums of money to the counties from which |
retailers or servicemen have paid taxes or penalties to the |
Department during the second preceding calendar month. The |
amount to be paid to each county is equal to the amount (not |
including credit memoranda) collected from the county under |
this Section during the second preceding calendar month by the |
Department, (i) less 2% of that amount, which shall be |
deposited into the Tax Compliance and Administration Fund and |
shall be used by the Department in administering and enforcing |
the provisions of this Section on behalf of the county, (ii) |
plus an amount that the Department determines is necessary to |
offset any amounts that were erroneously paid to a different |
taxing body; (iii) less an amount equal to the amount of |
refunds made during the second preceding calendar month by the |
Department on behalf of the county; and (iv) less any amount |
that the Department determines is necessary to offset any |
amounts that were payable to a different taxing body but were |
erroneously paid to the county. When certifying the amount of a |
monthly disbursement to a county under this Section, the |
Department shall increase or decrease the amounts by an amount |
necessary to offset any miscalculation of previous |
disbursements within the previous 6 months from the time a |
miscalculation is discovered. |
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Within 10 days after receipt by the Comptroller from the |
Department of the disbursement certification to the counties |
provided for in this Section, the Comptroller shall cause the |
orders to be drawn for the respective amounts in accordance |
with directions contained in the certification. |
If the Department determines that a refund should be made |
under this Section to a claimant instead of issuing a credit |
memorandum, then the Department shall notify the Comptroller, |
who shall cause the order to be drawn for the amount specified |
and to the person named in the notification from the |
Department. The refund shall be paid by the Treasurer out of |
the Flood Prevention Occupation Tax Fund. |
(g) If a county imposes a tax under this Section, then the |
county board shall, by ordinance, discontinue the tax upon the |
payment of all indebtedness of the flood prevention district. |
The tax shall not be discontinued until all indebtedness of the |
District has been paid. |
(h) Any ordinance imposing the tax under this Section, or |
any ordinance that discontinues the tax, must be certified by |
the county clerk and filed with the Illinois Department of |
Revenue either (i) on or before the first day of April, |
whereupon the Department shall proceed to administer and |
enforce the tax or change in the rate as of the first day of |
July next following the filing; or (ii) on or before the first |
day of October, whereupon the Department shall proceed to |
administer and enforce the tax or change in the rate as of the |
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first day of January next following the filing. |
(j) County Flood Prevention Occupation Tax Fund. All |
proceeds received by a county from a tax distribution under |
this Section must be maintained in a special fund known as the |
[name of county] flood prevention occupation tax fund. The |
county shall, at the direction of the flood prevention |
district, use moneys in the fund to pay the costs of providing |
emergency levee repair and flood prevention and to pay bonds, |
notes, and other evidences of indebtedness issued under this |
Act. |
(k) This Section may be cited as the Flood Prevention |
Occupation Tax Law.
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(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)
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Section 380. The Downstate Forest Preserve District Act is |
amended by changing Section 6 as follows:
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(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
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Sec. 6. Acquisition of property. Any such District shall |
have power to
acquire lands and grounds
for the aforesaid |
purposes by lease, or in fee simple by gift, grant, legacy,
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purchase or condemnation, or to acquire easements in land, and |
to construct,
lay out, improve and maintain wells, power |
plants, comfort stations,
shelter houses, paths, driveways, |
public roads, roadways and other
improvements and facilities in |
and through such forest preserves as they
shall deem necessary |
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or desirable for the use of such forest preserves by
the public |
and may acquire, develop, improve and maintain waterways in
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conjunction with the district. No district with a population |
less than
600,000 shall have the power to purchase, condemn, |
lease or acquire an
easement in property within a municipality |
without the concurrence of the
governing body of the |
municipality, except where such district is acquiring
land for |
a linear park or trail not to exceed 100 yards in width or is
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acquiring land contiguous to an existing park or forest |
preserve, and no
municipality shall annex any land for the |
purpose of defeating a District
acquisition once the District |
has given notice of intent to acquire a
specified parcel of |
land. No district with a population of less than
500,000 shall |
(i) have the power
to condemn property for a linear park or |
trail within a municipality
without the concurrence of the
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governing body of the municipality or (ii) have the power to
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condemn property for a linear park or
trail in an |
unincorporated area without the concurrence of the governing
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body of the township within which the property is located or |
(iii) once
having commenced a proceeding to acquire land by |
condemnation, dismiss or
abandon that proceeding without the |
consent of the property owners.
No district shall establish a |
trail surface within 50 feet of an occupied
dwelling which was |
in existence prior to the approval of the acquisition by
the |
district without obtaining permission of the owners of the |
premises or
the concurrence of the governing body of the |
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municipality or township within
which the property is located. |
All acquisitions of land by a district with a
population less |
than 600,000
within 1 1/2 miles of a municipality shall be |
preceded by a conference with
the mayor or president of the |
municipality or his designated agent. If a
forest preserve |
district is in negotiations for acquisition of land with
owners |
of land adjacent to a municipality, the annexation of that land
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shall be deferred for 6 months. The district shall have no |
power to acquire
an interest in real estate situated outside |
the district by the exercise of
the right of eminent domain, by |
purchase or by lease, but shall have the
power to acquire any |
such property, or an easement in any such property,
which is |
contiguous to the district by gift, legacy, grant, or lease
by |
the State of Illinois, subject to
approval of the county board |
of the county, and of any forest preserve
district or |
conservation district, within which the property is located.
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The district shall have the same control of and power over |
land, an
interest in which it has so acquired, as over forest |
preserves within the
district. If any of the powers to acquire |
lands and hold
or improve the same given to Forest Preserve |
Districts, by Sections 5
and 6 of this Act should be held |
invalid, such invalidity shall not
invalidate the remainder of |
this Act or any of the other powers herein
given and conferred |
upon the Forest Preserve Districts. Such Forest
Preserve |
Districts shall also have power to lease not to exceed 40 acres
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of the lands and grounds acquired by it, for a term of not more |
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than 99
years to veterans' organizations as grounds for |
convalescing sick veterans and veterans with disabilities and
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disabled veterans , and as a place upon which to construct |
rehabilitation
quarters, or to a county as grounds for a county |
nursing home or
convalescent home. Any such Forest Preserve |
District shall also have
power to grant licenses, easements and |
rights-of-way for the
construction, operation and maintenance |
upon, under or across any
property of such District of |
facilities for water, sewage, telephone,
telegraph, electric, |
gas or other public service, subject to such terms
and |
conditions as may be determined by such District.
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Any such District may purchase, but not condemn, a parcel |
of land and sell a
portion thereof for not less than fair |
market value pursuant to resolution
of the Board. Such |
resolution shall
be passed by the affirmative vote of at least |
2/3 of all members of the
board within 30 days after |
acquisition by the district of such parcel.
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The corporate authorities of a forest preserve district |
that (i) is located in a county that has more than 700,000 |
inhabitants, (ii) borders a county that has 1,000,000 or more |
inhabitants, and (iii) also borders another state, by ordinance |
or resolution, may authorize the sale or public auction of a |
structure located on land owned by the district if (i) the |
structure existed on the land prior to the district's |
acquisition of the land, (ii) two-thirds of the members of the |
board of commissioners then holding office find that the |
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structure is not necessary or is not useful to or for the best |
interest of the forest preserve district, (iii) a condition of |
sale or auction requires the transferee of the structure to |
remove the structure from district land, and (iv) prior to the |
sale or auction, the fair market value of the structure is |
determined by a written MAI-certified appraisal or by a written |
certified appraisal of a State certified or licensed real |
estate appraiser and the appraisal is available for public |
inspection. The ordinance or resolution shall (i) direct the |
sale to be conducted by the staff of the district, a listing |
with local licensed real estate agencies (in which case the |
terms of the agent's compensation shall be included in the |
ordinance or resolution), or by public auction, (ii) be |
published within 7 days after its passage in a newspaper |
published in the district, and (iii) contain pertinent |
information concerning the nature of the structure and any |
terms or conditions of sale or auction. No earlier than 14 days |
after the publication, the corporate authorities may accept any |
offer for the structure determined by them to be in the best |
interest of the district by a vote of two-thirds of the |
corporate authorities then holding office. |
Whenever the board of any forest preserve district |
determines that
the public interest will be subserved by |
vacating any street, roadway,
or driveway, or part thereof, |
located within a forest preserve, it may
vacate that street, |
roadway, or driveway, or part thereof, by an
ordinance passed |
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by the affirmative vote of at least 3/4 of
all the members of |
the board, except that the affirmative vote of at least
6/7 of |
all the members of the board is required if the board members |
are
elected under Section 3c of this Act. This vote shall be |
taken by ayes and
nays and entered in the records of the board.
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The determination of the board that the nature and extent |
of the
public use or public interest to be subserved is such as |
to warrant the
vacation of any street, roadway, or driveway, or |
part thereof, is
conclusive, and the passage of such an |
ordinance is sufficient evidence
of that determination, |
whether so recited in the ordinance or not. The
relief to the |
public from further burden and responsibility of
maintaining |
any street, roadway or driveway, or part thereof,
constitutes a |
public use or public interest authorizing the vacation.
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Nothing contained in this Section shall be construed to |
authorize the
board of any forest preserve district to vacate |
any street, roadway, or
driveway, or part thereof, that is part |
of any State or county highway.
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When property is damaged by the vacation or closing of any |
street,
roadway, or driveway, or part thereof, damage shall be |
ascertained and
paid as provided by law.
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Except in cases where the deed, or other instrument |
dedicating a
street, roadway, or driveway, or part thereof, has |
expressly provided
for a specific devolution of the title |
thereto upon the abandonment or
vacation thereof, and except |
where such street, roadway or driveway, or
part thereof, is |
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held by the district by lease, or where the district holds
an |
easement in the land included within the street, roadway or |
driveway,
whenever any street, roadway, or driveway, or part
|
thereof is vacated under or by virtue of any ordinance of any |
forest
preserve district, the title to the land in fee simple |
included within
the street, roadway, or driveway, or part |
thereof, so vacated vests in
the forest preserve district.
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The board of any forest preserve district is authorized to |
sell at
fair market price, gravel, sand, earth and any other |
material obtained
from the lands and waters owned by the |
district.
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For the purposes of this Section, "acquiring land" includes |
acquiring a
fee simple, lease or easement in land.
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(Source: P.A. 97-851, eff. 7-26-12.)
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Section 385. The Cook County Forest Preserve District Act |
is amended by changing Section 8 as follows:
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(70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
|
Sec. 8.
Any forest preserve district shall have power to |
acquire easements in land, lands
in fee simple and grounds |
within such district for the aforesaid purposes by
gift, grant, |
legacy, purchase or condemnation and to construct, lay out,
|
improve and maintain wells, power plants, comfort stations, |
shelter
houses, paths, driveways, roadways and other |
improvements and facilities
in and through such forest |
|
preserves as it shall deem necessary or
desirable for the use |
of such forest preserves by the public. Such forest
preserve |
districts shall also have power to lease not to exceed 40 acres |
of the
lands and grounds acquired by it, for a term of not more |
than 99 years
to veterans' organizations as grounds for |
convalescing sick veterans and veterans with disabilities and |
disabled
veterans , and as a place upon which to construct |
rehabilitation
quarters, or to a county as grounds for a county |
nursing home or
convalescent home. Any such forest preserve |
district shall also have
power to grant licenses, easements and |
rights-of-way for the
construction, operation and maintenance |
upon, under or across any
property of such district of |
facilities for water, sewage, telephone,
telegraph, electric, |
gas or other public service, subject to such terms
and |
conditions as may be determined by such district.
|
Whenever the board determines that
the public interest will |
be subserved by vacating any street, roadway,
or driveway, or |
part thereof, located within a forest preserve, it may
vacate |
that street, roadway, or driveway, or part thereof, by an
|
ordinance passed by the affirmative vote of at least 3/4 of
all |
the members of the board.
|
The determination of the board that the nature and extent |
of the
public use or public interest to be subserved is such as |
to warrant the
vacation of any street, roadway, or driveway, or |
part thereof, is
conclusive, and the passage of such an |
ordinance is sufficient evidence
of that determination, |
|
whether so recited in the ordinance or not. The
relief to the |
public from further burden and responsibility of
maintaining |
any street, roadway or driveway, or part thereof,
constitutes a |
public use or public interest authorizing the vacation.
|
Nothing contained in this Section shall be construed to |
authorize the
board to vacate any street, roadway, or
driveway, |
or part thereof, that is part of any State or county highway.
|
When property is damaged by the vacation or closing of any |
street,
roadway, or driveway, or part thereof, damage shall be |
ascertained and
paid as provided by law.
|
Except in cases where the deed, or other instrument |
dedicating a
street, roadway, or driveway, or part thereof, has |
expressly provided
for a specific devolution of the title |
thereto upon the abandonment or
vacation thereof, whenever any |
street, roadway, or driveway, or part
thereof is vacated under |
or by virtue of any ordinance of any forest
preserve district, |
the title to the land in fee simple included within
the street, |
roadway, or driveway, or part thereof, so vacated vests in
the |
forest preserve district.
|
The board of any forest preserve district is authorized to |
sell at
fair market price, gravel, sand, earth and any other |
material obtained
from the lands and waters owned by the |
district.
|
(Source: P.A. 98-281, eff. 8-9-13.)
|
Section 390. The Park District Code is amended by changing |
|
Sections 5-8, 5-10, 8-10a, and 8-10b as follows:
|
(70 ILCS 1205/5-8) (from Ch. 105, par. 5-8)
|
Sec. 5-8.
Any park district that is a party to a joint |
agreement to
provide recreational programs for persons with |
disabilities the handicapped under Section 8-10b of
this Code |
may levy and collect annually a tax of not to exceed .04% of
|
the value, as equalized or assessed by the Department of |
Revenue of all
taxable property in the district for the
purpose |
of funding the district's share of the expenses of providing
|
these programs under that joint agreement, which tax shall be |
levied and
collected in like manner as the general taxes for |
the district. Such
tax shall be in addition to all other taxes |
authorized by law to be
levied and collected in the district |
and shall not be included within
any limitation of rate |
contained in this Code or any other law, but
shall be excluded |
therefrom, in addition thereto and in excess thereof.
However, |
no tax may be levied pursuant to this Section in any area in
|
which a tax is levied under Section 11-95-14 of the Illinois |
Municipal Code.
|
(Source: P.A. 85-124.)
|
(70 ILCS 1205/5-10) (from Ch. 105, par. 5-10)
|
Sec. 5-10.
Whenever, as a result of any lawful order of any |
agency,
other than a park district board, having authority to |
enforce any law or
regulation designed for the protection, |
|
health or safety of employees or
visitors, or any law or |
regulation for the protection and safety of the
environment, |
pursuant to the "Environmental Protection Act", any local park
|
district, is required to alter or repair any physical |
facilities,
or whenever after the effective date of this
|
amendatory Act of 1985 any such district
determines that it is |
necessary for health and
safety, environmental protection, |
handicapped accessibility or energy
conservation purposes that |
any physical facilities be altered or repaired,
such district |
may, by proper resolution which
specifically identifies the |
project and which is adopted pursuant to the
provisions of the |
Open Meetings Act and upon the approval of a proposition
by a |
majority of the electors voting thereon specifying the rate, |
levy a
tax for the purpose of paying
such alterations or |
repairs, or survey by a licensed architect
or engineer, upon |
the equalized assessed value of all the taxable property
of the |
district at the specified rate not to exceed .10% per year for |
a period
sufficient to finance such alterations or repairs, |
upon the following conditions:
|
(a) When in the judgment of the local park district board |
of
commissioners there are not sufficient funds available in |
the operations,
building and maintenance fund of the district |
to pay for such
alterations or repairs so ordered or determined |
as necessary.
|
(b) When a certified estimate of a licensed architect or |
engineer
stating the estimated amount of not less than $25,000 |
|
that is necessary to
make the alterations or repairs so ordered |
or determined as necessary has
been secured by the local park |
district.
|
The filing of a certified copy of the resolution or |
ordinance levying the
tax shall be the authority of the county |
clerk or clerks to extend such
tax; provided, that in no event |
shall the extension of such tax for the
current and preceding |
years, if any, under this Section be greater than the
amount so |
approved, and in the event such current extension and preceding
|
extensions exceed such approval and interest, it shall be |
reduced proportionately.
|
The county clerk of each of the counties in which any park |
district
levying a tax under the authority of this Section is |
located, in reducing
raised levies, shall not consider any such |
tax as a part of the general
levy for park district purposes |
and shall not include the same in the
limitation of any other |
tax rate which may be extended. Such tax shall be
levied and |
collected in like manner as all other taxes of park districts.
|
The proposition to impose a tax under this Section may be |
initiated by
resolution of the local park district board and |
shall be certified by the
secretary of the local park district |
board to the proper election
authorities for submission in |
accordance with the general election law.
|
(Source: P.A. 84-849.)
|
(70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)
|
|
Sec. 8-10a.
|
Every Park District is authorized to establish, maintain |
and manage
recreational programs for persons with disabilities |
the handicapped , including both persons with mental |
disabilities and persons with physical disabilities mentally |
and
physically handicapped , to provide transportation for |
persons with disabilities the handicapped to
and from such |
programs, to provide for such examination of participants in
|
such programs as may be deemed necessary, to charge fees for |
participating
in such programs, the fee charged for |
non-residents of such district need
not be the same as the fees |
charged the residents of the district, and to
charge fees for |
transportation furnished to participants.
|
(Source: P.A. 76-805.)
|
(70 ILCS 1205/8-10b) (from Ch. 105, par. 8-10.2)
|
Sec. 8-10b. Joint recreational programs for persons with |
disabilities the handicapped . Any 2 or more park districts, or |
in counties with a population of 300,000
or less, a single park |
district and another unit of local government,
are authorized |
to take any action
jointly relating to recreational programs |
for persons with disabilities the handicapped that could
be |
taken individually and to enter into agreements with other park |
districts
and recreation
boards and the corporate authorities |
of cities, villages and
incorporated towns specified in |
Sections 11-95-2 and 11-95-3 of the
"Illinois Municipal Code", |
|
approved May 29, 1961, as amended, or any
combination thereof, |
for the purpose of providing for the establishment,
maintenance |
and management of joint recreational programs for persons with |
disabilities the
handicapped of all the participating |
districts and municipal areas,
including provisions for |
transportation of participants, procedures for
approval of |
budgets, authorization of expenditures and sharing of
|
expenses, location of recreational areas in the area of any of |
the
participating districts and municipalities, acquisition of |
real estate by
gift, legacy, grant, or purchase, employment of |
a director and
other professional workers for such program who |
may be employed by one
participating district, municipality or |
board which shall be reimbursed
on a mutually agreed basis by |
the other districts, municipalities and
boards that are parties |
to the joint agreement, authorization for one
municipality, |
board or district to supply professional workers for a
joint |
program conducted in another municipality or district and to
|
provide other requirements for operation of such joint program |
as may be
desirable.
|
(Source: P.A. 92-230, eff. 1-1-02.)
|
Section 395. The Chicago Park District Act is amended by |
changing Section 7.06 as follows:
|
(70 ILCS 1505/7.06)
|
Sec. 7.06. Recreational programs for persons with |
|
disabilities the handicapped ; tax.
|
(a) The Chicago Park District is authorized to establish, |
maintain, and
manage
recreational programs for persons with |
disabilities the handicapped , including both persons with |
mental disabilities and persons with physical disabilities |
mentally and
physically
handicapped , to provide transportation |
for persons with disabilities the handicapped to and from these
|
programs, to
provide for the examination of participants in |
such programs as deemed
necessary, to charge fees for |
participating in the programs (the fee charged
for |
non-residents of the district need not be the same as the fees |
charged the
residents of the
district), and to charge fees for |
transportation furnished to participants.
|
(b) For the purposes of the recreational programs for |
persons with disabilities the handicapped
established
under |
this Section, the Chicago Park District is authorized to adopt |
procedures
for
approval of budgets, authorization of |
expenditures, location of recreational
areas,
acquisition of |
real estate by gift, legacy, grant, or purchase, and employment
|
of a director
and other professional workers for the programs.
|
(c) For the purposes of providing recreational programs for |
persons with disabilities the handicapped
under
this Section, |
the Chicago Park District may levy and collect annually a tax |
of
not to
exceed .04% of the value, as equalized or assessed by |
the Department of
Revenue, of all
taxable property in the |
district for the purpose of funding the district's
expenses of
|
|
providing these programs. This tax shall be levied and |
collected in like
manner as the
general taxes for the district. |
The tax shall be in addition to all other taxes
authorized by
|
law to be levied and collected in the district and shall not be |
included within
any
limitation of rate contained in this Act or |
any other law, but shall be
excluded therefrom,
in addition |
thereto, and in excess thereof.
|
(Source: P.A. 93-612, eff. 11-18-03.)
|
Section 400. The Metro-East Park and Recreation District |
Act is amended by changing Section 15 as follows:
|
(70 ILCS 1605/15)
|
Sec. 15. Creation of District; referendum.
|
(a) The governing body of a county may, by resolution, |
elect to create the
Metro-East
Park and Recreation District. |
The Metro-East District shall be established at
a referendum on |
the
question of the formation of the District that is submitted |
to the electors of
a county at
a regular election and approved |
by a majority of the electors voting on the
question. The
|
governing body must certify the question to the proper election |
authority,
which must
submit the question at an election in |
accordance with the Election Code.
|
The question must be submitted in substantially the |
following form:
|
Shall the Metro-East Park and
Recreation District be |
|
created for the purposes of improving water quality;
|
increasing
park
safety; providing neighborhood trails; |
improving, restoring, and expanding
parks;
providing |
disabled and expanded public access and access to persons |
with disabilities to recreational areas; preserving
|
natural lands for wildlife; and maintaining other |
recreation grounds within the
boundaries of the Metro-East |
Park and Recreation District; and shall (name of
county) |
join any other counties in the Metro-East region that |
approve the
formation of the Metro-East Park and Recreation |
District,
with the authority to impose a
Metro-East Park |
and Recreation District Retailers' Occupation Tax at a rate |
of
one-tenth of 1% upon all persons engaged in the business |
of selling tangible
personal property at retail in the |
district on gross receipts on the sales made
in the course |
of their business
for the purposes stated above, with 50%
|
of the
revenue going to the Metro-East Park and Recreation |
District and 50% of the
revenue returned to the county from |
which the tax was collected?
|
The votes must be recorded as "Yes" or "No"
|
In the proposed Metro-East District that consists of only |
one county, if a
majority of
the electors in that county voting |
on the question vote in the affirmative, the
Metro-East
|
District may be organized. In the proposed Metro-East District |
that consists
of
more than
one county, if a majority of the |
electors in any county proposed for inclusion
in
the District
|
|
voting on the question vote in the affirmative, the Metro-East |
District may be
organized
and that county may be included in |
the District.
|
(b) After the Metro-East District has been created, any |
county eligible for
inclusion in
the Metro-East District may |
join the District after the county submits the
question of
|
joining the District to the electors of the county at a regular |
election.
The county board
must
submit the question to the |
proper election authority, which must submit the
question at an
|
election in accordance with the Election Code.
|
The question must be submitted in substantially the |
following form:
|
Shall (name of county) join the Metro-East Park and |
Recreation
District with the authority to impose a
|
Metro-East Park and Recreation District Retailers' |
Occupation Tax at a rate of
one-tenth of 1% upon all |
persons engaged in the business of selling tangible
|
personal property at retail in the district on gross |
receipts on the sales made
in the course of their business, |
with 50% of the
revenue going to the Metro-East Park and |
Recreation District and 50% of the
revenue returned to the |
county from which the tax was collected?
|
The votes must be recorded as "Yes" or "No".
|
If a majority of the electors voting on the question vote |
in the affirmative,
the
county shall be included in the |
District.
|
|
(Source: P.A. 91-103, eff. 7-13-99.)
|
Section 405. The Metro East Police District Act is amended |
by changing Section 10 as follows:
|
(70 ILCS 1750/10) |
(Section scheduled to be repealed on December 31, 2019)
|
Sec. 10. Metro East Police District Commission. |
(a) The governing and administrative powers of the Metro |
East Police District shall be vested in a body politic and |
corporate named the Metro East Police District Commission, |
whose powers are the following: |
(1) To apply for, accept and expend grants, loans, or |
appropriations from the State of Illinois, the federal |
government, any State or federal agency or |
instrumentality, any unit of local government, or any other |
person or entity to be used for any of the purposes of the |
District. The Commission may enter into any agreement with |
the State of Illinois, the federal government, any State or |
federal instrumentality, any unit of local government, or |
any other person or entity in relation to grants, matching |
grants, loans, or appropriations. The Commission may |
provide grants, loans, or appropriations for law |
enforcement purposes to any unit of local government within |
the District. |
(2) To enter into contracts or agreements with persons |
|
or entities for the supply of goods or services as may be |
necessary for the purposes of the District. |
(3) To acquire fee simple title to real property lying |
within the District and personal property required for its |
purposes, by gift, purchase, contract, or otherwise for law |
enforcement purposes including evidence storage, records |
storage, equipment storage, detainment facilities, |
training facilities, office space and other purposes of the |
District. Title shall be taken in the name of the |
Commission. The Commission may acquire by lease any real |
property located within the District and personal property |
found by the Commission to be necessary for its purposes |
and to which the Commission finds that it need not acquire |
fee simple title for carrying out of those purposes. The |
Commission has no eminent domain powers or quick-take |
powers under this provision. |
(4) To establish by resolution rules and regulations |
that the police departments within the District may adopt |
concerning: officer ethics; the carry and use of weapons; |
search and seizure procedures; procedures for arrests with |
and without warrants; alternatives to arrest; the use of |
officer discretion; strip searches and body cavity |
searches; profiling; use of reasonable force; use of deadly |
force; use of authorized less than lethal weapons; |
reporting uses of force; weapons and ammunition; weapons |
proficiency and training; crime analysis; purchasing and |
|
requisitions; department property; inventory and control; |
issue and reissue; recruitment; training attendance; |
lesson plans; remedial training; officer training record |
maintenance; department animals; response procedures; |
pursuit of motor vehicles; roadblocks and forcible stops; |
missing or mentally ill persons; use of equipment; use of |
vehicle lights and sirens; equipment specifications and |
maintenance; vehicle safety restraints; authorized |
personal equipment; protective vests and high risk |
situations; mobile data access; in-car video and audio; |
case file management; investigative checklists; |
informants; cold cases; polygraphs; shift briefings; |
interviews of witnesses and suspects; line-ups and |
show-ups; confidential information; juvenile operations; |
offenders, custody, and interrogation; crime prevention |
and community interface; critical incident response and |
planning; hostage negotiation; search and rescue; special |
events; personnel, equipment, and facility inspections; |
victim/witness rights, preliminary contact, and follow up; |
next of kin notification; traffic stops and approaches; |
speed-measuring devices; DUI procedures; traffic collision |
reporting and investigation; citation inventory, control |
and administration; escorts; towing procedures; detainee |
searches and transportation; search and inventory of |
vehicles; escape prevention procedures and detainee |
restraint; sick and injured detainees and detainees with |
|
disabilities , injured, and disabled detainees ; vehicle |
safety; holding facility standards; collection and |
preservation of evidence including but not limited to |
photos, video, fingerprints, computers, records, DNA |
samples, controlled substances, weapons, and physical |
evidence; police report standards and format; submission |
of evidence to laboratories; follow up of outstanding |
cases; and application for charges with the State's |
Attorney, United States Attorney, Attorney General, or |
other prosecuting authority. |
Any police department located within the Metro East |
Police District that does not adopt any rule or regulation |
established by resolution by the Commission shall not be |
eligible to receive funds from the Metro East Police |
District Fund. |
The adoption of any policies or procedures pursuant to |
this Section shall not be inconsistent with any rights |
under current collective bargaining agreements, the |
Illinois Public Labor Relations Act or other laws governing |
collective bargaining. |
(5) No later than one year after the effective date of |
this Act, to assume for police departments within the |
District the authority to make application for and accept |
financial grants or contributions of services from any |
public or private source for law enforcement purposes. |
(6) To develop a comprehensive plan for improvement and |
|
maintenance of law enforcement facilities within the |
District. |
(7) To advance police departments within the District |
towards accreditation by the national Commission for the |
Accreditation of Law Enforcement Agencies (CALEA) within 3 |
years after creation of the District. |
(b) The Commission shall consist of 14 appointed members |
and 3 ex-officio members. Seven members shall be appointed by |
the Governor with the advice and consent of the Senate, one of |
whom shall represent an organization that represents the |
largest number of police officers employed by the |
municipalities described by Section 5 of this Act. Four members |
shall be appointed by the Mayor of East Saint Louis, with the |
advice and consent of the city council. One member each shall |
be appointed by the Village Presidents of Washington Park, |
Alorton, and Brooklyn, with the advice and consent of the |
respective village boards. All appointed members shall hold |
office for a term of 2 years ending on December 31 and until |
their successors are appointed and qualified. The Mayor of East |
Saint Louis, with the approval of the city council, may serve |
as one of the members appointed for East Saint Louis, and the |
Village Presidents of Washington Park, Alorton, and Brooklyn, |
with the approval of their respective boards, may serve as the |
member for their respective municipalities. |
A member may be removed by his or her appointing authority |
for incompetence, neglect of duty, or malfeasance in office. |
|
The Director of the Illinois State Police, or his or her |
designee, the State's Attorney of St. Clair County, or his or |
her designee, and the Director of the Southern Illinois Law |
Enforcement Commission, or his or her designee, shall serve as |
ex-officio members. Ex-officio members may only vote on matters |
before the Commission in the event of a tie vote. |
(c) Any vacancy in the appointed membership of the |
Commission occurring by reason of the death, resignation, |
disqualification, removal, or inability or refusal to act of |
any of the members of the Commission shall be filled by the |
authority that had appointed the particular member, and for the |
unexpired term of office of that particular member. |
(d) The Commission shall hold regular meetings annually for |
the election of a chair, vice-chair, secretary, and treasurer, |
for the adoption of a budget, and monthly for other business as |
may be necessary. The Commission shall establish the duties and |
responsibilities of its officers by rule. The chair, or any 9 |
members of the Commission, may call special meetings of the |
Commission. Each member shall take an oath of office for the |
faithful performance of his or her duties. The Commission may |
not transact business at a meeting of the Commission unless |
there is present at the meeting a quorum consisting of at least |
9 members. Meetings may be held by telephone conference or |
other communications equipment by means of which all persons |
participating in the meeting can communicate with each other |
consistent with the Open Meetings Act. |
|
(e) The Commission shall submit to the General Assembly, no |
later than March 1 of each odd-numbered year, a detailed report |
covering its operations for the 2 preceding calendar years and |
a statement of its program for the next 2 years, as provided by |
Section 3.1 of the General Assembly Organization Act. |
(f) The Auditor General shall conduct audits of the |
Commission in the same manner as the Auditor General conducts |
audits of State agencies under the Illinois State Auditing Act. |
(g) The Commission is a public body for purposes of the |
Open Meetings Act and the Freedom of Information Act. |
(h) This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of powers and functions |
exercised by the State.
|
(Source: P.A. 97-971, eff. 1-1-13.)
|
Section 410. The Metropolitan Water Reclamation District |
Act is amended by changing Section 9.6d as follows:
|
(70 ILCS 2605/9.6d) |
Sec. 9.6d. Other Post Employment Benefit Trusts. The Board |
of Commissioners (the Board) may establish one or more trusts |
(Other Post Employment Benefit ("OPEB") Trusts) for the purpose |
of providing for the funding and payment of health and other |
fringe benefits for retired , disabled, or terminated employees |
of the District or employees of the District with disabilities |
|
or for their dependents and beneficiaries. Trusts created under |
this Section are in addition to pension benefits for those |
persons which are currently funded pursuant to Article 13 of |
the Illinois Pension Code. The OPEB Trusts may employ such |
personnel and enter into such investment, advisory, or |
professional services or similar contracts as deemed |
appropriate by the trustees and recommended by the Treasurer of |
the Metropolitan Water Reclamation District of Greater Chicago |
(the District). The OPEB Trusts may be established in such |
manner so as to be exempt from taxation under the provisions of |
applicable federal and State tax laws. The trustee of the OPEB |
Trusts shall be the District. The Treasurer of the District and |
the trustee shall be indemnified by the District to the fullest |
extent permitted by law for their actions taken with respect to |
the OPEB Trust. The Board may deposit money with the OPEB |
Trusts derived from the funds of the District from time to time |
as such money may in the discretion of the Board be |
appropriated for that purpose; and, in addition, the Board may |
lawfully agree with the OPEB Trusts to a binding level of |
funding for periods of time not to exceed 5 fiscal years. In |
addition, the OPEB Trust documents may permit employees of the |
District to contribute money to provide for such benefits. To |
the extent participants do not direct the investment of their |
own account, the assets of the OPEB Trusts shall be managed by |
the Treasurer of the District in any manner, subject only to |
the prudent investor standard and any requirements of |
|
applicable federal law. The limitations of any other statute |
affecting the investment of District funds shall not apply to |
the OPEB Trusts. The trustee shall adopt an investment policy |
consistent with the standards articulated in Section 2.5 of the |
Public Funds Investment Act. The investment policy shall also |
provide for the availability of training for Board members. |
Funds of the OPEB Trusts may be used to pay for costs of |
administering the OPEB Trusts and for the benefits for which |
such trusts have been established in accordance with the terms |
of the OPEB Trust documents.
|
(Source: P.A. 95-394, eff. 8-23-07.)
|
Section 415. The Metropolitan Transit Authority Act is |
amended by changing Sections 27a, 28, 28a, 51, and 52 as |
follows:
|
(70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)
|
Sec. 27a.
In addition to annually expending moneys equal to |
moneys
expended by the Authority in the fiscal year ending |
December 31, 1988 for
the protection against crime of its |
properties, employees and consumers of
its public |
transportation services, the Authority also shall annually
|
expend for the protection against crime of its employees and |
consumers, an
amount that is equal to not less than 15 percent |
of all direct grants it
receives from the State of Illinois as |
reimbursement for providing reduced
fares for mass |
|
transportation services to students, persons with |
disabilities, handicapped persons and
the elderly. The |
Authority shall provide to the Regional Transportation
|
Authority such information as is required by the Regional |
Transportation
Authority
in determining whether the Authority |
has expended moneys in compliance with
the provisions of this |
Section. The provisions of this Section shall apply in any |
fiscal year of the
Authority only after all debt service |
requirements are met for that fiscal
year.
|
(Source: P.A. 90-273, eff. 7-30-97.)
|
(70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
|
Sec. 28.
The Board shall classify all the offices, |
positions and grades of
regular and exempt employment required, |
excepting that of the Chairman of
the Board,
the Executive |
Director, Secretary, Treasurer, General Counsel, and Chief
|
Engineer, with reference to the duties, job title, job schedule |
number, and the
compensation fixed
therefor, and adopt rules |
governing appointments to any of such offices or
positions on |
the basis of merit and efficiency.
The job title shall be |
generally descriptive of the duties performed in that
job, and |
the job schedule number shall be used to identify a job title |
and to
further classify positions within a job title.
No |
discrimination shall be
made in any appointment or promotion to |
any office, position, or grade of
regular employment because of |
race, creed, color, sex,
national origin, physical or mental |
|
disability handicap unrelated to ability, or
political or |
religious affiliations. No officer or employee in regular
|
employment shall be
discharged or demoted except for cause |
which is detrimental to the service.
Any officer or employee in |
regular employment who is discharged or demoted
may file a |
complaint
in writing with the Board within ten days after |
notice of his or her discharge
or demotion. If an employee is a |
member of a labor organization the complaint
may be filed by |
such organization for and in behalf of such employee. The
Board |
shall grant a hearing on such complaint within thirty (30) days |
after
it is filed. The time and place of the hearing shall be |
fixed by the Board
and due notice thereof given to the |
complainant, the labor organization by
or through which the |
complaint was filed and the Executive Director. The
hearing |
shall be conducted by the Board, or any member thereof or any
|
officers' committee or employees' committee appointed by the |
Board. The
complainant may be represented by counsel. If the |
Board finds, or approves
a finding of the member or committee |
appointed by the Board, that the
complainant has been unjustly |
discharged or demoted, he or she shall be
restored to his or |
her office or position with back pay. The decision of
the Board |
shall be final and not subject to review.
The Board may |
designate such offices, positions, and grades of employment as
|
exempt as it deems necessary for the efficient operation of the |
business of
the Authority. The total number of employees |
occupying exempt offices,
positions, or grades of employment |
|
may not exceed 3% of the total employment of
the
Authority. All |
exempt offices, positions, and grades of employment shall be at
|
will. No discrimination shall be made in any appointment or |
promotion
to any office, position, or grade of exempt |
employment because of race, creed,
color, sex, national origin, |
physical or mental disability handicap unrelated to
ability, or |
religious or political affiliation.
The Board may abolish any |
vacant or occupied office or position.
Additionally, the Board |
may reduce the force of employees
for lack of work or lack of |
funds as determined by the Board.
When the number of positions |
or employees holding positions of regular
employment within a |
particular
job title and job schedule number are reduced, those |
employees with the least
company seniority in that job title |
and job schedule number shall be first
released from regular |
employment service. For a period of one year, an
employee |
released from
service shall be eligible for reinstatement to |
the job title and job schedule
number from which he or she was |
released, in order of company seniority, if
additional force of |
employees is required. "Company seniority" as used in this
|
Section means the overall employment service credited to an |
employee by the
Authority since the employee's most recent date |
of hire irrespective of job
titles held. If 2 or more employees |
have the same company seniority date, time
in the affected job |
title and job schedule
number shall be used to break the |
company seniority tie. For purposes of this
Section, company |
seniority shall be considered a working condition. When
|
|
employees are represented by a labor organization that has a |
labor agreement
with the Authority, the wages, hours, and |
working conditions (including, but
not limited to, seniority |
rights) shall be governed by the terms of
the agreement.
Exempt |
employment shall not include any employees who are represented |
by a
labor organization that has a labor agreement with the |
Authority.
|
No employee, officer, or agent of the Chicago Transit Board |
may receive a bonus that exceeds 10% of his or her annual |
salary unless that bonus has been reviewed for a period of 14 |
days by the Regional Transportation Authority Board. After 14 |
days, the bonus shall be considered reviewed. This Section does |
not apply to usual and customary salary adjustments. |
(Source: P.A. 98-1027, eff. 1-1-15 .)
|
(70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
|
Sec. 28a. (a) The Board may deal with and enter into |
written contracts with the
employees of the Authority through |
accredited representatives of such
employees or |
representatives of any labor organization authorized to act
for |
such employees, concerning wages, salaries, hours, working |
conditions
and pension or retirement provisions; provided, |
nothing herein shall be
construed to permit hours of labor in |
excess of those provided by law or to
permit working conditions |
prohibited by law. In case of dispute over wages,
salaries, |
hours, working conditions, or pension or retirement provisions
|
|
the Board may arbitrate any question or questions and may agree |
with such
accredited representatives or labor organization |
that the decision of a
majority of any arbitration board shall |
be final, provided each party shall
agree in advance to pay |
half of the expense of such arbitration.
|
No contract or agreement shall be made with any labor |
organization,
association, group or individual for the |
employment of members of such
organization, association, group |
or individual for the construction,
improvement, maintenance, |
operation or administration of any property,
plant or |
facilities under the jurisdiction of the Authority, where such
|
organization, association, group or individual denies on the |
ground of
race, creed, color, sex, religion, physical or mental |
disability handicap unrelated
to ability, or national origin |
membership and equal opportunities for employment to
any |
citizen of Illinois.
|
(b)(1) The provisions of this paragraph (b) apply to |
collective bargaining
agreements (including extensions and |
amendments of existing agreements)
entered into on or after |
January 1, 1984.
|
(2) The Board shall deal with and enter into written |
contracts with their
employees, through accredited |
representatives of such employees authorized
to act for such |
employees concerning wages, salaries, hours, working |
conditions,
and pension or retirement provisions about which a |
collective bargaining
agreement has been entered prior to the |
|
effective date of this amendatory
Act of 1983. Any such |
agreement of the Authority shall provide that the
agreement may |
be reopened if the amended budget submitted pursuant to Section
|
2.18a of the Regional Transportation Authority Act is not |
approved by the
Board of the Regional Transportation Authority. |
The agreement may not include
a provision requiring the payment |
of
wage increases based on changes in the Consumer Price Index.
|
The Board shall not have the authority to enter into collective
|
bargaining agreements with respect to inherent management |
rights, which
include such areas of discretion or policy as the |
functions of the employer,
standards of services, its overall |
budget, the organizational structure
and selection of new |
employees and direction of personnel. Employers, however,
|
shall be required to bargain collectively with regard to policy |
matters
directly affecting wages, hours and terms and |
conditions of employment,
as well as the impact thereon upon |
request by employee representatives.
To preserve the rights of |
employers and exclusive representatives which
have established |
collective bargaining relationships or negotiated collective
|
bargaining agreements prior to the effective date of this |
amendatory Act
of 1983, employers shall be required to bargain |
collectively with regard
to any matter concerning wages, hours |
or conditions of employment about
which they have bargained |
prior to the effective date of this amendatory Act of 1983.
|
(3) The collective bargaining agreement may not include a |
prohibition
on the use of part-time operators on any service |
|
operated by or funded by
the Board, except where prohibited by |
federal law.
|
(4) Within 30 days of the signing of any such collective |
bargaining agreement,
the Board shall determine the costs of |
each provision of the agreement,
prepare an amended
budget |
incorporating the costs of the agreement, and present the |
amended
budget to the Board of the Regional Transportation |
Authority for its approval
under Section 4.11 of the Regional |
Transportation Act. The Board of the
Regional Transportation |
Authority may approve the amended budget by an affirmative
vote |
of 12
of its then Directors.
If the budget is not approved by |
the Board of the Regional Transportation
Authority, the |
agreement may
be reopened and its terms may be renegotiated. |
Any amended budget which
may be prepared following |
renegotiation shall be presented to the Board of
the Regional |
Transportation Authority for its approval in like manner.
|
(Source: P.A. 95-708, eff. 1-18-08.)
|
(70 ILCS 3605/51) |
Sec. 51. Free services; eligibility. |
(a) Notwithstanding any law to the contrary, no later than |
60 days following the effective date of this amendatory Act of |
the 95th General Assembly and until subsection (b) is |
implemented, any fixed route public transportation services |
provided by, or under grant or purchase of service contracts |
of, the Board shall be provided without charge to all senior |
|
citizens of the Metropolitan Region (as such term is defined in |
70 ILCS 3615/1.03) aged 65 and older, under such conditions as |
shall be prescribed by the Board.
|
(b) Notwithstanding any law to the contrary, no later than |
180 days following the effective date of this amendatory Act of |
the 96th General Assembly, any fixed route public |
transportation services provided by, or under grant or purchase |
of service contracts of, the Board shall be provided without |
charge to senior citizens aged 65 and older who meet the income |
eligibility limitation set forth in subsection (a-5) of Section |
4 of the Senior Citizens and Persons with Disabilities Disabled |
Persons Property Tax Relief Act, under such conditions as shall |
be prescribed by the Board. The Department on Aging shall |
furnish all information reasonably necessary to determine |
eligibility, including updated lists of individuals who are |
eligible for services without charge under this Section. |
Nothing in this Section shall relieve the Board from providing |
reduced fares as may be required by federal law. |
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
|
(70 ILCS 3605/52) |
Sec. 52. Transit services for individuals with |
disabilities disabled individuals . Notwithstanding any law to |
the contrary, no later than 60 days following the effective |
date of this amendatory Act of the 95th General Assembly, all |
fixed route public transportation services provided by, or |
|
under grant or purchase of service contract of, the Board shall |
be provided without charge to all persons with disabilities |
disabled persons who meet the income eligibility limitation set |
forth in subsection (a-5) of Section 4 of the Senior Citizens |
and Persons with Disabilities Disabled Persons Property Tax |
Relief Act, under such procedures as shall be prescribed by the |
Board. The Department on Aging shall furnish all information |
reasonably necessary to determine eligibility, including |
updated lists of individuals who are eligible for services |
without charge under this Section.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 420. The Local Mass Transit District Act is amended |
by changing Sections 8.6 and 8.7 as follows:
|
(70 ILCS 3610/8.6) |
Sec. 8.6. Free services; eligibility. |
(a) Notwithstanding any law to the contrary, no later than |
60 days following the effective date of this amendatory Act of |
the 95th General Assembly and until subsection (b) is |
implemented, any fixed route public transportation services |
provided by, or under grant or purchase of service contracts |
of, every District shall be provided without charge to all |
senior citizens of the District aged 65 and older, under such |
conditions as shall be prescribed by the District.
|
(b) Notwithstanding any law to the contrary, no later than |
|
180 days following the effective date of this amendatory Act of |
the 96th General Assembly, any fixed route public |
transportation services provided by, or under grant or purchase |
of service contracts of, every District shall be provided |
without charge to senior citizens aged 65 and older who meet |
the income eligibility limitation set forth in subsection (a-5) |
of Section 4 of the Senior Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief Act, under |
such conditions as shall be prescribed by the District. The |
Department on Aging shall furnish all information reasonably |
necessary to determine eligibility, including updated lists of |
individuals who are eligible for services without charge under |
this Section. Nothing in this Section shall relieve the |
District from providing reduced fares as may be required by |
federal law. |
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
|
(70 ILCS 3610/8.7) |
Sec. 8.7. Transit services for individuals with |
disabilities disabled individuals . Notwithstanding any law to |
the contrary, no later than 60 days following the effective |
date of this amendatory Act of the 95th General Assembly, all |
fixed route public transportation services provided by, or |
under grant or purchase of service contract of, any District |
shall be provided without charge to all persons with |
disabilities disabled persons who meet the income eligibility |
|
limitation set forth in subsection (a-5) of Section 4 of the |
Senior Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act, under such procedures as shall be |
prescribed by the District. The Department on Aging shall |
furnish all information reasonably necessary to determine |
eligibility, including updated lists of individuals who are |
eligible for services without charge under this Section.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 425. The Regional Transportation Authority Act is |
amended by changing Sections 1.02, 3A.15, 3A.16, 3B.14, and |
3B.15 as follows:
|
(70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
|
Sec. 1.02. Findings and Purpose. |
(a) The General Assembly finds;
|
(i) Public transportation is, as provided in Section 7 |
of Article
XIII of the Illinois Constitution, an essential |
public purpose for which
public funds may be expended and |
that Section authorizes the State to
provide financial |
assistance to units of local government for distribution
to |
providers of public transportation. There is an urgent need |
to reform
and continue a unit of local government to assure |
the proper management
of public transportation and to |
receive and distribute State or federal
operating |
assistance and to raise and distribute revenues for local |
|
operating
assistance. System generated revenues are not |
adequate for
such service and a public need exists to |
provide for, aid and assist
public transportation in the |
northeastern area of the State, consisting
of Cook, DuPage, |
Kane, Lake, McHenry and Will Counties.
|
(ii) Comprehensive and coordinated regional public |
transportation is
essential to the public health, safety |
and welfare. It is essential to
economic well-being, |
maintenance of full employment, conservation of
sources of |
energy and land for open space and reduction of traffic
|
congestion and for providing and maintaining a healthful |
environment for
the benefit of present and future |
generations in the metropolitan region.
Public |
transportation
improves the mobility of the public and |
improves access to jobs,
commercial facilities, schools |
and cultural attractions. Public
transportation decreases |
air pollution and other environmental hazards
resulting |
from excessive use of automobiles and allows for more
|
efficient land use and planning.
|
(iii) Because system generated receipts are not |
presently
adequate, public
transportation facilities and |
services in the northeastern area are in
grave financial |
condition. With existing methods of financing,
|
coordination and management, and relative convenience of |
automobiles,
such public transportation facilities are not |
providing adequate public
transportation to insure the |
|
public health, safety and welfare.
|
(iv) Additional commitments to the public |
transportation
needs
of persons with disabilities the |
disabled , the economically disadvantaged, and the
elderly |
are necessary.
|
(v) To solve these problems, it is necessary to provide |
for the
creation of a regional transportation authority |
with the powers
necessary to insure adequate public |
transportation.
|
(b) The General Assembly further finds, in connection with |
this amendatory
Act of 1983:
|
(i) Substantial, recurring deficits in the operations |
of public transportation
services subject to the |
jurisdiction of the Regional Transportation Authority
and |
periodic cash shortages have occurred either of which could |
bring about
a loss of public transportation services |
throughout the metropolitan region at any time;
|
(ii) A substantial or total loss of public |
transportation services or
any segment thereof would |
create an emergency threatening the safety and
well-being |
of the people in the northeastern area of the State; and
|
(iii) To meet the urgent needs of the people of the |
metropolitan region
that such an emergency be averted and |
to provide financially sound methods
of managing the |
provision of public transportation services in the |
northeastern
area of the State, it is necessary, while |
|
maintaining and continuing the
existing Authority, to |
modify the powers and responsibilities of the Authority,
to |
reallocate responsibility for operating decisions, to |
change the composition
and appointment of the Board of |
Directors thereof, and to immediately establish
a new Board |
of Directors.
|
(c) The General Assembly further finds in connection with |
this amendatory Act of the 95th General Assembly:
|
(i) The economic vitality of northeastern Illinois |
requires regionwide and systemwide efforts to increase |
ridership on the transit systems, constrain road |
congestion within the metropolitan region, and allocate |
resources for transportation so as to assist in the |
development of an adequate, efficient, geographically |
equitable and coordinated regional transportation system |
that is in a state of good repair.
|
(ii) To achieve the purposes of this amendatory Act of |
the 95th General Assembly, the powers and duties of the |
Authority must be enhanced to improve overall planning and |
coordination, to achieve an integrated and efficient |
regional transit system, to advance the mobility of transit |
users, and to increase financial transparency of the |
Authority and the Service Boards.
|
(d)
It is the purpose of this Act to provide for, aid and
|
assist public transportation in the northeastern area of the |
State without
impairing the overall quality of existing public |
|
transportation by
providing for the creation of a single |
authority responsive to the
people and elected officials of the |
area and with the power and
competence to develop, implement, |
and enforce plans that promote adequate, efficient, |
geographically equitable and coordinated public |
transportation, provide financial review of the providers of |
public
transportation
in the metropolitan region and |
facilitate public transportation provided
by Service Boards |
which is attractive and economical to users, comprehensive,
|
coordinated among its
various elements, economical, safe, |
efficient and coordinated with area
and State plans.
|
(Source: P.A. 98-1027, eff. 1-1-15 .)
|
(70 ILCS 3615/3A.15) |
Sec. 3A.15. Free services; eligibility. |
(a) Notwithstanding any law to the contrary, no later than |
60 days following the effective date of this amendatory Act of |
the 95th General Assembly and until subsection (b) is |
implemented, any fixed route public transportation services |
provided by, or under grant or purchase of service contracts |
of, the Suburban Bus Board shall be provided without charge to |
all senior citizens of the Metropolitan Region aged 65 and |
older, under such conditions as shall be prescribed by the |
Suburban Bus Board. |
(b) Notwithstanding any law to the contrary, no later than |
180 days following the effective date of this amendatory Act of |
|
the 96th General Assembly, any fixed route public |
transportation services provided by, or under grant or purchase |
of service contracts of, the Suburban Bus Board shall be |
provided without charge to senior citizens aged 65 and older |
who meet the income eligibility limitation set forth in |
subsection (a-5) of Section 4 of the Senior Citizens and |
Persons with Disabilities Disabled Persons Property Tax Relief |
Act, under such conditions as shall be prescribed by the |
Suburban Bus Board. The Department on Aging shall furnish all |
information reasonably necessary to determine eligibility, |
including updated lists of individuals who are eligible for |
services without charge under this Section. Nothing in this |
Section shall relieve the Suburban Bus Board from providing |
reduced fares as may be required by federal law.
|
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
|
(70 ILCS 3615/3A.16) |
Sec. 3A.16. Transit services for individuals with |
disabilities disabled individuals . Notwithstanding any law to |
the contrary, no later than 60 days following the effective |
date of this amendatory Act of the 95th General Assembly, all |
fixed route public transportation services provided by, or |
under grant or purchase of service contract of, the Suburban |
Bus Board shall be provided without charge to all persons with |
disabilities disabled persons who meet the income eligibility |
limitation set forth in subsection (a-5) of Section 4 of the |
|
Senior Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act, under such procedures as shall be |
prescribed by the Board. The Department on Aging shall furnish |
all information reasonably necessary to determine eligibility, |
including updated lists of individuals who are eligible for |
services without charge under this Section.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
(70 ILCS 3615/3B.14) |
Sec. 3B.14. Free services; eligibility. |
(a) Notwithstanding any law to the contrary, no later than |
60 days following the effective date of this amendatory Act of |
the 95th General Assembly and until subsection (b) is |
implemented, any fixed route public transportation services |
provided by, or under grant or purchase of service contracts |
of, the Commuter Rail Board shall be provided without charge to |
all senior citizens of the Metropolitan Region aged 65 and |
older, under such conditions as shall be prescribed by the |
Commuter Rail Board. |
(b) Notwithstanding any law to the contrary, no later than |
180 days following the effective date of this amendatory Act of |
the 96th General Assembly, any fixed route public |
transportation services provided by, or under grant or purchase |
of service contracts of, the Commuter Rail Board shall be |
provided without charge to senior citizens aged 65 and older |
who meet the income eligibility limitation set forth in |
|
subsection (a-5) of Section 4 of the Senior Citizens and |
Persons with Disabilities Disabled Persons Property Tax Relief |
Act, under such conditions as shall be prescribed by the |
Commuter Rail Board. The Department on Aging shall furnish all |
information reasonably necessary to determine eligibility, |
including updated lists of individuals who are eligible for |
services without charge under this Section. Nothing in this |
Section shall relieve the Commuter Rail Board from providing |
reduced fares as may be required by federal law.
|
(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)
|
(70 ILCS 3615/3B.15) |
Sec. 3B.15. Transit services for individuals with |
disabilities disabled individuals . Notwithstanding any law to |
the contrary, no later than 60 days following the effective |
date of this amendatory Act of the 95th General Assembly, all |
fixed route public transportation services provided by, or |
under grant or purchase of service contract of, the Commuter |
Rail Board shall be provided without charge to all persons with |
disabilities disabled persons who meet the income eligibility |
limitation set forth in subsection (a-5) of Section 4 of the |
Senior Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act, under such procedures as shall be |
prescribed by the Board. The Department on Aging shall furnish |
all information reasonably necessary to determine eligibility, |
including updated lists of individuals who are eligible for |
|
services without charge under this Section.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 430. The School Code is amended by changing |
Sections 2-3.83, 2-3.98, 10-22.11, 10-22.33B, 14-6.01, |
14-7.02, 14-7.03, 14-8.01, 14-8.02, 14-8.04, 14-11.01, |
17-2.11, 19-1, 21B-20, 30-14.2, 34-2.4, 34-18, and 34-128 as |
follows:
|
(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
|
Sec. 2-3.83. Individual transition plan model pilot |
program.
|
(a) The General Assembly finds that transition services for |
special
education students in secondary schools are needed for |
the increasing numbers
of students exiting school programs. |
Therefore, to ensure coordinated and
timely delivery of |
services, the State shall establish a model pilot program to
|
provide such services. Local school districts, using joint |
agreements and
regional service delivery systems for special |
and vocational education
selected by the Governor's Planning |
Council on Developmental Disabilities,
shall have the primary |
responsibility to convene transition planning
meetings for |
these students who will require post-school adult services.
|
(b) For purposes of this Section:
|
(1) "Post-secondary Service Provider" means a
provider |
of services for adults who have any developmental |
|
disability as
defined in Section 1-106 of the Mental Health |
and Developmental
Disabilities Code or who are persons with |
one or more disabilities disabled as defined in the |
Rehabilitation of Persons with Disabilities Disabled |
Persons
Rehabilitation Act.
|
(2) "Individual Education Plan" means a written |
statement for an
exceptional child that provides at least a |
statement of: the child's
present levels of educational |
performance, annual goals and short-term
instructional |
objectives; specific special education and related |
services;
the extent of participation in the regular |
education program; the projected
dates for initiation of |
services; anticipated duration of services;
appropriate |
objective criteria and evaluation procedures; and a |
schedule
for annual determination of short-term |
objectives.
|
(3) "Individual Transition Plan" (ITP) means a |
multi-agency informal
assessment of a student's needs for |
post-secondary adult services including
but not limited to |
employment, post-secondary education or training and
|
residential independent living.
|
(4) "Developmental Disability" means a disability |
which is
attributable to: (a) an intellectual disability, |
cerebral palsy, epilepsy or autism;
or to (b) any other |
condition which results in impairment similar to that
|
caused by an intellectual disability and which requires |
|
services similar to those
required by persons with an |
intellectual disability intellectually disabled persons . |
Such disability must originate before
the age of 18 years, |
be expected to continue indefinitely, and constitute a
|
substantial disability handicap .
|
(5) "Exceptional Characteristic" means any disabling
|
or exceptional
characteristic which interferes with a |
student's education including, but
not limited to, a |
determination that the student has a severe or profound |
mental disability, has mental disability but is trainable, |
is is severely or profoundly
mentally disabled, trainably |
mentally disabled, deaf-blind, or has
some other health |
impairment.
|
(c) The model pilot program required by this Section shall |
be established
and administered by the Governor's Planning |
Council on Developmental
Disabilities in conjunction with the |
case coordination pilot projects
established by the Department |
of Human Services pursuant to Section 4.1 of the Community |
Services
Act, as amended.
|
(d) The model pilot program shall include the following |
features:
|
(1) Written notice shall be sent to the student and, |
when appropriate, his
or her parent or guardian giving the |
opportunity to consent to having the
student's name and |
relevant information shared with the local case |
coordination
unit and other appropriate State or local |
|
agencies for purposes of inviting
participants to the |
individual transition plan meeting.
|
(2) Meetings to develop and modify, as needed, an |
Individual Transition
Plan
shall be conducted annually for |
all students with a developmental disability in
the pilot |
program area who are age 16 or older and who are receiving |
special
education services for 50% or more of their public |
school program. These
meetings shall be convened by the |
local school district and conducted in
conjunction with any |
other regularly scheduled meetings such as the student's
|
annual individual educational plan meeting. The Governor's |
Planning Council on
Developmental Disabilities shall |
cooperate with and may enter into any
necessary written |
agreements with the Department of Human Services and the |
State Board of Education to
identify the target group of |
students for transition planning and the
appropriate case
|
coordination unit to serve these individuals.
|
(3) The ITP meetings shall be co-chaired by the |
individual education plan
coordinator and the case |
coordinator. The ITP meeting shall include but
not be |
limited to discussion of the following: the student's |
projected
date of exit from the public schools; his |
projected post-school goals
in the areas of employment, |
residential living arrangement and
post-secondary |
education or training; specific school or post-school
|
services needed during the following year to achieve the |
|
student's goals,
including but not limited to vocational |
evaluation, vocational education,
work experience or |
vocational training, placement assistance, independent
|
living skills training, recreational or leisure training, |
income support,
medical needs and transportation; and |
referrals and linkage to needed services,
including a |
proposed time frame for services and the responsible agency |
or
provider. The individual transition plan shall be signed |
by participants in
the ITP discussion, including but not |
limited to the student's parents or
guardian, the student |
(where appropriate), multi-disciplinary team
|
representatives from the public schools, the case |
coordinator and any other
individuals who have |
participated in the ITP meeting at the discretion of the
|
individual education plan coordinator, the developmental |
disability case
coordinator or the parents or guardian.
|
(4) At least 10 days prior to the ITP meeting, the |
parents or guardian of
the student shall be notified in |
writing of the time and place of the meeting
by the local |
school district. The ITP discussion shall be documented by |
the
assigned case coordinator, and an individual student |
file shall be
maintained by each case coordination unit. |
One year following a student's
exit from public school the |
case coordinator shall conduct a follow up
interview with |
the student.
|
(5) Determinations with respect to individual |
|
transition plans made under
this Section shall not be |
subject to any due process requirements prescribed in
|
Section 14-8.02 of this Code.
|
(e) (Blank).
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(105 ILCS 5/2-3.98) (from Ch. 122, par. 2-3.98)
|
Sec. 2-3.98. Transition program for persons with |
developmental disabilities Developmentally disabled transition |
program . The State
Board of Education shall establish and |
implement, in conjunction with the
Department of Human |
Services, a pilot program for
the provision of transitional, |
educational services to persons with a
developmental |
disability 18 years of age or older who have completed public
|
school programs.
|
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
|
(105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)
|
Sec. 10-22.11. Lease of school property.
|
(a) To lease school
property to another school district, |
municipality or body politic and
corporate for a term of not to |
exceed 25 years, except as otherwise
provided in this Section, |
and upon such terms and conditions as may be
agreed if in the |
opinion of the school board use of such property will
not be |
needed by the district during the term of such lease; provided,
|
the school board shall not make or renew any lease for a term |
|
longer
than 10 years, nor alter the terms of any lease whose |
unexpired term may
exceed 10 years without the vote of 2/3 of |
the full membership of the board.
|
(b) Whenever the school board considers such action |
advisable and in
the best interests of the school district, to |
lease vacant school
property for a period not exceeding 51 |
years to a private not for profit
school organization for use |
in the care of persons with a mental disability who are |
trainable and educable the trainable and educable
mentally |
disabled persons in the district or in the
education of the
|
gifted children in the district. Before leasing such property |
to a
private not for profit school organization, the school |
board must adopt
a resolution for the leasing of such property, |
fixing the period and
price therefor, and order submitted to |
referendum at an election to be held
in the district as |
provided in the general election law, the question of
whether |
the lease should be entered into. Thereupon, the secretary
|
shall certify to the proper election authorities the |
proposition for
submission in accordance with the general |
election law. If the majority
of the voters voting upon the |
proposition vote in favor of the leasing,
the school board may |
proceed with the leasing. The proposition shall be
in |
substantially the following form:
|
-------------------------------------------------------------
|
Shall School District No. ..... of
|
..... County, Illinois lease to YES
|
|
..... (here name and identify the
|
lessee) the following described vacant ---------------------
|
school property (here describe the
|
property) for a term of ..... years NO
|
for the sum of ..... Dollars?
|
-------------------------------------------------------------
|
This paragraph (b) shall not be construed in such a manner |
as to
relieve the responsibility of the Board of Education as |
set out in
Article 14 of the School Code.
|
(c) To lease school buildings and land to suitable lessees |
for educational
purposes or for any other purpose which serves |
the interests of the
community, for a term not to exceed 25 |
years and upon such terms and
conditions as may be agreed upon |
by the parties, when such buildings and land are
declared by |
the board to be unnecessary or unsuitable or
inconvenient for a |
school or the uses of the district during the term of
the lease |
and when, in the opinion of the board, the best interests of
|
the residents of the school district will be enhanced by |
entering into
such a lease. Such leases shall include |
provisions for adequate
insurance for both liability and |
property damage or loss, and
reasonable charges for maintenance |
and depreciation of such buildings and
land.
|
(Source: P.A. 89-397, eff. 8-20-95 .)
|
(105 ILCS 5/10-22.33B)
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Sec. 10-22.33B. Summer school; required attendance. To |
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conduct a high
quality summer school program for those resident |
students identified by the
school district as being |
academically at risk in such critical subject areas as
language |
arts (reading and writing) and mathematics who will be entering |
any of
the school district's grades for the next school term |
and to require attendance
at such program by such students who |
have not been identified as a person with a disability disabled |
under
Article 14, but who meet criteria established under this |
Section. Summer
school programs established under this Section |
shall be
designed to raise the level of achievement and improve |
opportunities for
success in subsequent grade levels of those |
students required to attend. The
parent or guardian of any |
student required to attend summer school shall be
given written |
notice from the school district requiring attendance not later
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than the close of the school term which immediately precedes |
the required
summer school program.
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(Source: P.A. 89-610, eff. 8-6-96.)
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(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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Sec. 14-6.01. Powers and duties of school boards. School |
boards of
one or more school districts establishing and |
maintaining any of the
educational facilities described in this |
Article shall, in connection
therewith, exercise similar |
powers and duties as are prescribed by law
for the |
establishment, maintenance and management of other recognized
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educational facilities. Such school boards shall include only |
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eligible
children in the program and shall comply with all the |
requirements of
this Article and all rules and regulations |
established by the State
Board of Education. Such school boards |
shall accept in part-time
attendance children with |
disabilities of the types
described in Sections
14-1.02 through |
14-1.07 who are enrolled in nonpublic schools. A
request for |
part-time attendance must be submitted by a parent or
guardian |
of the child with a disability disabled child and may be made
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only to those public
schools located in the district where the |
child attending the nonpublic
school resides; however, nothing |
in this Section shall be construed as
prohibiting an agreement |
between the district where the child resides
and another public |
school district to provide special educational
services if such |
an arrangement is deemed more convenient and
economical. |
Special education and related services must be provided in |
accordance with the student's IEP no later than 10 school |
attendance days after notice is provided to the parents |
pursuant to Section 300.503 of Title 34 of the Code of Federal |
Regulations and implementing rules adopted by the State Board |
of Education. Transportation for students in part time |
attendance shall be
provided only if required in the child's |
individualized educational program
on the basis of the child's |
disabling condition or as the
special education
program |
location may require.
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A school board shall publish a public notice in its |
newsletter of
general circulation or in the newsletter of |
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another governmental entity of
general circulation in the |
district or if neither is available in the
district, then in a |
newspaper of general circulation in the district, the
right of |
all children with disabilities to a free
appropriate public |
education
as provided under this Code. Such notice shall |
identify the location and
phone number of the office or agent |
of the school district to whom
inquiries should be directed |
regarding the identification, assessment and
placement of such |
children.
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School boards shall immediately provide upon request by any |
person
written materials and other information that indicates |
the specific
policies, procedures, rules and regulations |
regarding the identification,
evaluation or educational |
placement of children with
disabilities under Section
14-8.02 |
of the School Code. Such information shall include information
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regarding all rights and entitlements of such children under |
this Code, and
of the opportunity to present complaints with |
respect to any matter
relating to educational placement of the |
student, or the provision of a
free appropriate public |
education and to have an impartial due process
hearing on the |
complaint. The notice shall inform the parents or guardian
in |
the parents' or guardian's native language, unless it is |
clearly not
feasible to do so, of their rights and all |
procedures available pursuant to
this Act and federal Public |
Law 94-142; it shall be the responsibility of
the State |
Superintendent to develop uniform notices setting forth the
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procedures available under this Act and federal Public Law |
94-142, as
amended, to be used by all school boards. The notice |
shall also inform the
parents or guardian of the availability |
upon request of a list of free or
low-cost legal and other |
relevant services available locally to assist
parents or |
guardians in exercising rights or entitlements under this Code.
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Any parent or guardian who is deaf, or does not normally |
communicate
using spoken English, who participates in a meeting |
with a representative
of a local educational agency for the |
purposes of developing an
individualized educational program |
shall be entitled to the services of
an interpreter.
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No student with a disability disabled student may be denied |
promotion,
graduation or a general
diploma on the basis of |
failing a minimal competency test when such failure
can be |
directly related to the disabling
condition of the student. For |
the
purpose of this Act, "minimal competency testing" is |
defined as tests which
are constructed to measure the |
acquisition of skills to or beyond a certain
defined standard.
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Effective July 1, 1966, high school districts are |
financially
responsible for the education of pupils with |
disabilities who
are residents in their
districts when such |
pupils have reached age 15 but may admit
children with |
disabilities into special educational facilities without
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regard to graduation
from the eighth grade after such pupils |
have reached the age of 14 1/2 years.
Upon a pupil with a |
disability disabled pupil's attaining the age of 14 1/2 years,
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it shall be
the duty of the elementary school district in which |
the pupil resides to
notify the high school district in which |
the pupil resides of the pupil's
current eligibility for |
special education services, of the pupil's current
program, and |
of all evaluation data upon which the current program is
based. |
After an examination of that information the high school |
district
may accept the current placement and all subsequent |
timelines shall be
governed by the current individualized |
educational program; or the high
school district may elect to |
conduct its own evaluation and
multidisciplinary staff |
conference and formulate its own individualized
educational |
program, in which case the procedures and timelines contained
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in Section 14-8.02 shall apply.
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(Source: P.A. 98-219, eff. 8-9-13.)
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(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
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Sec. 14-7.02. Children attending private schools, public
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out-of-state schools, public school residential facilities or |
private
special education facilities. The General Assembly |
recognizes that non-public
schools or special education |
facilities provide an important service in the
educational |
system in Illinois.
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If because of his or her disability the special education
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program of a district is unable to meet the needs of a child |
and the
child attends a non-public school or special education |
facility, a
public out-of-state school or a special education |
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facility owned and
operated by a county government unit that |
provides special educational
services required by the child and |
is in compliance with the appropriate
rules and regulations of |
the State Superintendent of Education, the
school district in |
which the child is a resident shall pay the actual
cost of |
tuition for special education and related services provided
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during the regular school term and during the summer school |
term if the
child's educational needs so require, excluding |
room, board and
transportation costs charged the child by that |
non-public school or
special education facility, public |
out-of-state school or county special
education facility, or |
$4,500 per year, whichever is less, and shall
provide him any |
necessary transportation. "Nonpublic special
education |
facility" shall include a residential facility,
within or |
without the State of Illinois, which provides
special education |
and related services to meet the needs of the child by
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utilizing private schools or public schools, whether located on |
the site
or off the site of the residential facility.
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The State Board of Education shall promulgate rules and |
regulations
for determining when placement in a private special |
education facility
is appropriate. Such rules and regulations |
shall take into account
the various types of services needed by |
a child and the availability
of such services to the particular |
child in the public school.
In developing these rules and |
regulations the State Board of
Education shall consult with the |
Advisory Council on
Education of Children with Disabilities and |
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hold public
hearings to secure recommendations from parents, |
school personnel,
and others concerned about this matter.
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The State Board of Education shall also promulgate rules |
and
regulations for transportation to and from a residential |
school.
Transportation to and from home to a residential school |
more than once
each school term shall be subject to prior |
approval by the State
Superintendent in accordance with the |
rules and regulations of the State
Board.
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A school district making tuition payments pursuant to this
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Section is eligible for reimbursement from the State for the |
amount of
such payments actually made in excess of the district |
per capita tuition
charge for students not receiving special |
education services.
Such reimbursement shall be approved in |
accordance with Section 14-12.01
and each district shall file |
its claims, computed in accordance with rules
prescribed by the |
State Board of Education, on forms prescribed by the
State |
Superintendent of Education. Data used as a basis of |
reimbursement
claims shall be for the preceding regular school |
term and summer school
term. Each school district shall |
transmit its claims to the State Board of Education
on or |
before
August 15. The State Board of Education, before |
approving any such claims,
shall determine their accuracy and |
whether they are based upon services
and facilities provided |
under approved programs. Upon approval the State
Board shall |
cause vouchers to be prepared showing the amount due
for |
payment of reimbursement claims to school
districts, for |
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transmittal to the State Comptroller on
the 30th day of |
September, December, and March, respectively, and the final
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voucher, no later than June 20. If the
money appropriated by |
the General Assembly for such purpose for any year
is |
insufficient, it shall be apportioned on the basis of the |
claims approved.
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No child shall be placed in a special education program |
pursuant to
this Section if the tuition cost for special |
education and related
services increases more than 10 percent |
over the tuition cost for the
previous school year or exceeds |
$4,500 per year unless such costs have
been approved by the |
Illinois Purchased Care Review Board. The
Illinois Purchased |
Care Review Board shall consist of the following
persons, or |
their designees: the Directors of Children and Family
Services, |
Public Health,
Public Aid, and the
Governor's Office of |
Management and Budget; the
Secretary of Human Services; the |
State Superintendent of Education; and such
other persons as |
the
Governor may designate. The Review Board shall also consist |
of one non-voting member who is an administrator of a
private, |
nonpublic, special education school. The Review Board shall |
establish rules and
regulations for its determination of |
allowable costs and payments made by
local school districts for |
special education, room and board, and other related
services |
provided by non-public schools or special education facilities |
and
shall establish uniform standards and criteria which it |
shall follow. The Review Board shall approve the usual and |
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customary rate or rates of a special education program that (i) |
is offered by an out-of-state, non-public provider of |
integrated autism specific educational and autism specific |
residential services, (ii) offers 2 or more levels of |
residential care, including at least one locked facility, and |
(iii) serves 12 or fewer Illinois students.
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The Review Board shall establish uniform definitions and |
criteria for
accounting separately by special education, room |
and board and other
related services costs. The Board shall |
also establish guidelines for
the coordination of services and |
financial assistance provided by all
State agencies to assure |
that no otherwise qualified child with a disability disabled |
child
receiving services under Article 14 shall be excluded |
from participation
in, be denied the benefits of or be |
subjected to discrimination under
any program or activity |
provided by any State agency.
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The Review Board shall review the costs for special |
education and
related services provided by non-public schools |
or special education
facilities and shall approve or disapprove |
such facilities in accordance
with the rules and regulations |
established by it with respect to
allowable costs.
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The State Board of Education shall provide administrative |
and staff support
for the Review Board as deemed reasonable by |
the State Superintendent of
Education. This support shall not |
include travel expenses or other
compensation for any Review |
Board member other than the State Superintendent of
Education.
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The Review Board shall seek the advice of the Advisory |
Council on
Education of Children with Disabilities on the rules |
and
regulations to be
promulgated by it relative to providing |
special education services.
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If a child has been placed in a program in which the actual |
per pupil costs
of tuition for special education and related |
services based on program
enrollment, excluding room, board and |
transportation costs, exceed $4,500 and
such costs have been |
approved by the Review Board, the district shall pay such
total |
costs which exceed $4,500. A district making such tuition |
payments in
excess of $4,500 pursuant to this Section shall be |
responsible for an amount in
excess of $4,500 equal to the |
district per capita
tuition charge and shall be eligible for |
reimbursement from the State for
the amount of such payments |
actually made in excess of the districts per capita
tuition |
charge for students not receiving special education services.
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If a child has been placed in an approved individual |
program and the
tuition costs including room and board costs |
have been approved by the
Review Board, then such room and |
board costs shall be paid by the
appropriate State agency |
subject to the provisions of Section 14-8.01 of
this Act. Room |
and board costs not provided by a State agency other
than the |
State Board of Education shall be provided by the State Board
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of Education on a current basis. In no event, however, shall |
the
State's liability for funding of these tuition costs begin |
until after
the legal obligations of third party payors have |
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been subtracted from
such costs. If the money appropriated by |
the General Assembly for such
purpose for any year is |
insufficient, it shall be apportioned on the
basis of the |
claims approved. Each district shall submit estimated claims to |
the State
Superintendent of Education. Upon approval of such |
claims, the State
Superintendent of Education shall direct the |
State Comptroller to make payments
on a monthly basis. The |
frequency for submitting estimated
claims and the method of |
determining payment shall be prescribed in rules
and |
regulations adopted by the State Board of Education. Such |
current state
reimbursement shall be reduced by an amount equal |
to the proceeds which
the child or child's parents are eligible |
to receive under any public or
private insurance or assistance |
program. Nothing in this Section shall
be construed as |
relieving an insurer or similar third party from an
otherwise |
valid obligation to provide or to pay for services provided to
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a child with a disability disabled child .
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If it otherwise qualifies, a school district is eligible |
for the
transportation reimbursement under Section 14-13.01 |
and for the
reimbursement of tuition payments under this |
Section whether the
non-public school or special education |
facility, public out-of-state
school or county special |
education facility, attended by a child who
resides in that |
district and requires special educational services, is
within |
or outside of the State of Illinois. However, a district is not
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eligible to claim transportation reimbursement under this |
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Section unless
the district certifies to the State |
Superintendent of Education that the
district is unable to |
provide special educational services required by
the child for |
the current school year.
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Nothing in this Section authorizes the reimbursement of a |
school
district for the amount paid for tuition of a child |
attending a
non-public school or special education facility, |
public out-of-state
school or county special education |
facility unless the school district
certifies to the State |
Superintendent of Education that the special
education program |
of that district is unable to meet the needs of that child
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because of his disability and the State Superintendent of |
Education finds
that the school district is in substantial |
compliance with Section 14-4.01. However, if a child is |
unilaterally placed by a State agency or any court in a |
non-public school or special education facility, public |
out-of-state school, or county special education facility, a |
school district shall not be required to certify to the State |
Superintendent of Education, for the purpose of tuition |
reimbursement, that the special education program of that |
district is unable to meet the needs of a child because of his |
or her disability.
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Any educational or related services provided, pursuant to |
this
Section in a non-public school or special education |
facility or a
special education facility owned and operated by |
a county government
unit shall be at no cost to the parent or |
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guardian of the child.
However, current law and practices |
relative to contributions by parents
or guardians for costs |
other than educational or related services are
not affected by |
this amendatory Act of 1978.
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Reimbursement for children attending public school |
residential facilities
shall be made in accordance with the |
provisions of this Section.
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Notwithstanding any other provision of law, any school |
district
receiving a payment under this Section or under |
Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify |
all or a portion of the funds that
it receives in a particular |
fiscal year or from general State aid pursuant
to Section |
18-8.05 of this Code
as funds received in connection with any |
funding program for which
it is entitled to receive funds from |
the State in that fiscal year (including,
without limitation, |
any funding program referenced in this Section),
regardless of |
the source or timing of the receipt. The district may not
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classify more funds as funds received in connection with the |
funding
program than the district is entitled to receive in |
that fiscal year for that
program. Any
classification by a |
district must be made by a resolution of its board of
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education. The resolution must identify the amount of any |
payments or
general State aid to be classified under this |
paragraph and must specify
the funding program to which the |
funds are to be treated as received in
connection therewith. |
This resolution is controlling as to the
classification of |
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funds referenced therein. A certified copy of the
resolution |
must be sent to the State Superintendent of Education.
The |
resolution shall still take effect even though a copy of the |
resolution has
not been sent to the State
Superintendent of |
Education in a timely manner.
No
classification under this |
paragraph by a district shall affect the total amount
or timing |
of money the district is entitled to receive under this Code.
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No classification under this paragraph by a district shall
in |
any way relieve the district from or affect any
requirements |
that otherwise would apply with respect to
that funding |
program, including any
accounting of funds by source, reporting |
expenditures by
original source and purpose,
reporting |
requirements,
or requirements of providing services.
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(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; |
revised 10-1-14.)
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(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
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Sec. 14-7.03. Special Education Classes for Children from |
Orphanages,
Foster Family Homes, Children's Homes, or in State |
Housing Units. If a
school district maintains special education |
classes on the site of
orphanages and children's homes, or if |
children from the orphanages,
children's homes, foster family |
homes, other State agencies, or State
residential units for |
children attend classes for children with disabilities
in which |
the school district is a participating member of a joint
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agreement, or if the children from the orphanages, children's |
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homes,
foster family homes, other State agencies, or State |
residential units
attend classes for the children with |
disabilities maintained by the school
district, then |
reimbursement shall be paid to eligible districts in
accordance |
with the provisions of this Section by the Comptroller as |
directed
by the State Superintendent of Education.
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The amount of tuition for such children shall be determined |
by the
actual cost of maintaining such classes, using the per |
capita cost formula
set forth in Section 14-7.01, such program |
and cost to be pre-approved by
the State Superintendent of |
Education.
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If a school district makes a claim for reimbursement under |
Section
18-3 or 18-4 of this Act it shall not include in any |
claim filed under
this Section a claim for such children. |
Payments authorized by law,
including State or federal grants |
for education of children included in
this Section, shall be |
deducted in determining the tuition amount.
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Nothing in this Act shall be construed so as to prohibit
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reimbursement for the tuition of children placed in for profit |
facilities.
Private facilities shall provide adequate space at |
the
facility for special education classes provided by a school |
district or
joint agreement for children with disabilities who |
are
residents of the
facility at no cost to the school district |
or joint agreement upon
request of the school district or joint |
agreement. If such a private
facility provides space at no cost |
to the district or joint agreement
for special education |
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classes provided to children with
disabilities who are
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residents of the facility, the district or joint agreement |
shall not
include any costs for the use of those facilities in |
its claim for
reimbursement.
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Reimbursement for tuition may include the cost of providing |
summer
school programs for children with severe and profound |
disabilities served
under this Section. Claims for that |
reimbursement shall be filed by
November 1 and shall be paid on |
or before December 15 from
appropriations made for the purposes |
of this Section.
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The State Board of Education shall establish such rules and
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regulations as may be necessary to implement the provisions of |
this
Section.
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Claims filed on behalf of programs operated under this |
Section housed in a
jail, detention center, or county-owned |
shelter care facility
shall be on an individual student basis |
only for
eligible students with disabilities. These claims |
shall be in accordance with
applicable rules.
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Each district claiming reimbursement for a program |
operated as a group
program shall have an approved budget on |
file with the State Board of
Education prior to the initiation |
of the program's operation. On September
30, December 31, and |
March 31, the State Board of Education shall voucher
payments |
to group programs based upon the approved budget during the |
year
of operation. Final claims for group payments shall be |
filed on or before
July 15. Final claims for group programs |
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received at the State
Board of
Education on or before June 15 |
shall be vouchered by June 30. Final claims
received at the |
State Board of Education between June 16 and July 15
shall be |
vouchered by August 30. Claims for group programs
received
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after July 15 shall not be honored.
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Each district claiming reimbursement for individual |
students shall have the
eligibility of those students verified |
by the State Board of Education. On
September 30, December 31, |
and March 31, the State Board of Education shall
voucher |
payments for individual students based upon an estimated cost
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calculated from the prior year's claim. Final claims for |
individual students
for the regular school term must be |
received at the State Board of Education by
July 15. Claims for |
individual students received after July 15 shall not
be |
honored. Final claims for individual students shall be |
vouchered by
August 30.
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Reimbursement shall be made based upon approved group |
programs or
individual students. The State Superintendent of |
Education shall direct the
Comptroller to pay a specified |
amount to the district by the 30th day of
September, December, |
March, June, or August, respectively. However,
notwithstanding |
any other provisions of this Section or the School Code,
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beginning with fiscal year 1994 and each fiscal year |
thereafter, if the amount appropriated for any fiscal year
is |
less than the amount required for purposes of this Section, the |
amount
required to eliminate any insufficient reimbursement |
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for each district claim
under this Section shall be reimbursed |
on August 30 of the next fiscal
year. Payments required to |
eliminate any insufficiency for prior
fiscal year claims shall |
be made before any claims are paid for the current
fiscal year.
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The claim of a school district otherwise eligible to be |
reimbursed in
accordance with Section 14-12.01 for the 1976-77 |
school year but for
this amendatory Act of 1977 shall not be |
paid unless the district ceases
to maintain such classes for |
one entire school year.
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If a school district's current reimbursement payment for |
the 1977-78
school year only is less than the prior year's |
reimbursement payment
owed, the district shall be paid the |
amount of the difference between
the payments in addition to |
the current reimbursement payment, and the
amount so paid shall |
be subtracted from the amount of prior year's
reimbursement |
payment owed to the district.
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Regional superintendents may operate special education |
classes for
children from orphanages, foster family homes, |
children's homes or State
housing units located within the |
educational services region upon consent
of the school board |
otherwise so obligated. In electing to assume the
powers and |
duties of a school district in providing and maintaining such a
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special education program, the regional superintendent may |
enter into joint
agreements with other districts and may |
contract with public or private
schools or the orphanage, |
foster family home, children's home or State
housing unit for |
|
provision of the special education program. The regional
|
superintendent exercising the powers granted under this |
Section shall claim
the reimbursement authorized by this |
Section directly from the State Board
of Education.
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Any child who is not a resident of Illinois who is placed |
in a child
welfare institution, private facility, foster family |
home, State operated
program, orphanage or children's home |
shall have the payment for his
educational tuition and any |
related services assured by the placing agent.
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For each student with a disability disabled student who is |
placed in a residential facility by an Illinois public
agency |
or by any court in this State, the costs for educating the |
student
are eligible for reimbursement under this Section.
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The district of residence of the student with a disability |
disabled student as
defined in Section 14-1.11a is responsible |
for the actual costs of
the student's special education program |
and is eligible for reimbursement under
this Section when |
placement is made by a State agency or the courts.
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When a dispute arises over the determination of the |
district of
residence under this Section, the district or |
districts may appeal the decision in writing to
the State |
Superintendent of Education, who, upon review of materials |
submitted and any other items or information he or she may |
request for submission, shall issue a written decision on the |
matter. The decision of the State
Superintendent of Education |
shall be final.
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In the event a district does not make a tuition
payment to |
another district that is providing the special education
|
program and services, the State Board of Education shall |
immediately
withhold 125% of
the then remaining annual tuition |
cost from the State aid or categorical
aid payment due to the
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school district that is determined to be the resident school |
district. All
funds withheld by the State Board of Education |
shall immediately be
forwarded to the
school district where the |
student is being served.
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When a child eligible for services under this Section |
14-7.03 must be
placed in a nonpublic facility, that facility |
shall meet the programmatic
requirements of Section 14-7.02 and |
its regulations, and the educational
services shall be funded |
only in accordance with this Section 14-7.03.
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(Source: P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) |
Sec. 14-8.01. Supervision of special education buildings |
and
facilities. All special educational facilities, building |
programs,
housing, and all educational programs for the types |
of children with disabilities disabled children
defined in |
Section 14-1.02 shall be under the
supervision of and
subject |
to the approval of the State Board of Education.
|
All special education facilities, building programs, and
|
housing shall comply with the building code authorized by |
Section 2-3.12.
|
|
All educational programs for children
with disabilities as |
defined in Section 14-1.02 administered by any State
agency |
shall be under the general supervision of the State Board of
|
Education. Such supervision shall be limited to insuring that |
such
educational programs meet standards jointly developed and |
agreed to by
both the State Board of Education and the |
operating State agency,
including standards for educational |
personnel.
|
Any State agency providing special educational programs |
for children with disabilities as defined in Section 14-1.02
|
shall promulgate rules and regulations, in consultation with |
the State
Board of Education and pursuant to the Illinois |
Administrative Procedure
Act as now or hereafter amended, to |
insure that all such programs comply
with this Section and |
Section 14-8.02.
|
No otherwise qualified child with a disability disabled |
child receiving special
education
and related services under |
Article 14 shall solely by reason of his or
her disability be |
excluded from the participation in or be
denied the
benefits of |
or be subjected to discrimination under any program or
activity |
provided by a State agency.
|
State agencies providing special education and related |
services,
including room and board, either directly or through |
grants or purchases
of services shall continue to provide these |
services according to
current law and practice. Room and board |
costs not provided by a State
agency other than the State Board |
|
of Education shall be provided by the
State Board of Education |
to the extent of available funds. An amount equal
to one-half |
of the State
education agency's share of IDEA PART B federal |
monies, or so
much thereof
as may actually be needed, shall |
annually be appropriated to pay for the
additional costs of |
providing for room and board for those children
placed pursuant |
to Section 14-7.02 of this Code and, after all such
room and
|
board costs are paid, for similar expenditures
for children |
served pursuant to
Section 14-7.02 or 14-7.02b of this Code. |
Any such excess
room and board funds must first be directed to |
those school districts
with students costing in excess of 4 |
times the district's per capita tuition
charge and then to
|
community based programs that serve as alternatives to |
residential
placements.
|
Beginning with Fiscal Year 1997 and continuing through |
Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 |
federal funds shall be allocated
by
the State Board of |
Education in the same manner as IDEA, PART B "flow through"
|
funding to local school districts, joint agreements, and |
special education
cooperatives for the maintenance of |
instructional and related support services
to students with |
disabilities.
However, beginning with Fiscal Year 1998, the |
total IDEA Part B discretionary
funds available to the State |
Board of Education shall not exceed the maximum
permissible |
under federal law or 20% of the total federal funds available |
to
the State, whichever is less. After
all room and board
|
|
payments and similar
expenditures are made by the State Board |
of Education as required by this
Section, the State Board of |
Education may use the remaining funds for
administration and |
for providing discretionary activities. However, the State
|
Board of Education may use no more than 25% of its available |
IDEA Part B
discretionary funds for administrative services.
|
Special education and related services included in the |
child's
individualized educational program which are not |
provided by another
State agency shall be included in the |
special education and related
services provided by the State |
Board of Education and the local school
district.
|
The State Board of Education with the advice of the |
Advisory Council
shall prescribe the standards and make the |
necessary rules and
regulations for special education programs |
administered by local school
boards, including but not limited |
to establishment of classes, training
requirements of teachers |
and other professional personnel, eligibility
and admission of |
pupils, the curriculum, class size limitation, building
|
programs, housing, transportation, special equipment and |
instructional
supplies, and the applications for claims for |
reimbursement. The State
Board of Education shall promulgate |
rules and regulations for annual
evaluations of the |
effectiveness of all special education programs and
annual |
evaluation by the local school district of the individualized
|
educational program for each child for whom it provides special
|
education services.
|
|
A school district is responsible for the provision of |
educational
services for all school age children residing |
within its boundaries
excluding any student placed under the |
provisions of Section 14-7.02 or any
student with a disability |
disabled student whose parent or guardian lives outside of the |
State of
Illinois as described in Section 14-1.11.
|
(Source: P.A. 93-1022, eff. 8-24-04; 94-69, eff. 7-1-05.)
|
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
|
Sec. 14-8.02. Identification, Evaluation and Placement of |
Children.
|
(a) The State Board of Education shall make rules under |
which local school
boards shall determine the eligibility of |
children to receive special
education. Such rules shall ensure |
that a free appropriate public
education be available to all |
children with disabilities as
defined in
Section 14-1.02. The |
State Board of Education shall require local school
districts |
to administer non-discriminatory procedures or tests to
|
limited English proficiency students coming from homes in which |
a language
other than English is used to determine their |
eligibility to receive special
education. The placement of low |
English proficiency students in special
education programs and |
facilities shall be made in accordance with the test
results |
reflecting the student's linguistic, cultural and special |
education
needs. For purposes of determining the eligibility of |
children the State
Board of Education shall include in the |
|
rules definitions of "case study",
"staff conference", |
"individualized educational program", and "qualified
|
specialist" appropriate to each category of children with
|
disabilities as defined in
this Article. For purposes of |
determining the eligibility of children from
homes in which a |
language other than English is used, the State Board of
|
Education shall include in the rules
definitions for "qualified |
bilingual specialists" and "linguistically and
culturally |
appropriate individualized educational programs". For purposes |
of this
Section, as well as Sections 14-8.02a, 14-8.02b, and |
14-8.02c of this Code,
"parent" means a parent as defined in |
the federal Individuals with Disabilities Education Act (20 |
U.S.C. 1401(23)).
|
(b) No child shall be eligible for special education |
facilities except
with a carefully completed case study fully |
reviewed by professional
personnel in a multidisciplinary |
staff conference and only upon the
recommendation of qualified |
specialists or a qualified bilingual specialist, if
available. |
At the conclusion of the multidisciplinary staff conference, |
the
parent of the child shall be given a copy of the |
multidisciplinary
conference summary report and |
recommendations, which includes options
considered, and be |
informed of their right to obtain an independent educational
|
evaluation if they disagree with the evaluation findings |
conducted or obtained
by the school district. If the school |
district's evaluation is shown to be
inappropriate, the school |
|
district shall reimburse the parent for the cost of
the |
independent evaluation. The State Board of Education shall, |
with advice
from the State Advisory Council on Education of |
Children with
Disabilities on the
inclusion of specific |
independent educational evaluators, prepare a list of
|
suggested independent educational evaluators. The State Board |
of Education
shall include on the list clinical psychologists |
licensed pursuant to the
Clinical Psychologist Licensing Act. |
Such psychologists shall not be paid fees
in excess of the |
amount that would be received by a school psychologist for
|
performing the same services. The State Board of Education |
shall supply school
districts with such list and make the list |
available to parents at their
request. School districts shall |
make the list available to parents at the time
they are |
informed of their right to obtain an independent educational
|
evaluation. However, the school district may initiate an |
impartial
due process hearing under this Section within 5 days |
of any written parent
request for an independent educational |
evaluation to show that
its evaluation is appropriate. If the |
final decision is that the evaluation
is appropriate, the |
parent still has a right to an independent educational
|
evaluation, but not at public expense. An independent |
educational
evaluation at public expense must be completed |
within 30 days of a parent
written request unless the school |
district initiates an
impartial due process hearing or the |
parent or school district
offers reasonable grounds to show |
|
that such 30 day time period should be
extended. If the due |
process hearing decision indicates that the parent is entitled |
to an independent educational evaluation, it must be
completed |
within 30 days of the decision unless the parent or
the school |
district offers reasonable grounds to show that such 30 day
|
period should be extended. If a parent disagrees with the |
summary report or
recommendations of the multidisciplinary |
conference or the findings of any
educational evaluation which |
results therefrom, the school
district shall not proceed with a |
placement based upon such evaluation and
the child shall remain |
in his or her regular classroom setting.
No child shall be |
eligible for admission to a
special class for children with a |
mental disability who are educable or for children with a |
mental disability who are trainable the educable mentally |
disabled or for the
trainable
mentally disabled except with a |
psychological evaluation
and
recommendation by a school |
psychologist. Consent shall be obtained from
the parent of a |
child before any evaluation is conducted.
If consent is not |
given by the parent or if the parent disagrees with the |
findings of the evaluation, then the school
district may |
initiate an impartial due process hearing under this Section.
|
The school district may evaluate the child if that is the |
decision
resulting from the impartial due process hearing and |
the decision is not
appealed or if the decision is affirmed on |
appeal.
The determination of eligibility shall be made and the |
IEP meeting shall be completed within 60 school days
from the |
|
date of written parental consent. In those instances when |
written parental consent is obtained with fewer than 60 pupil |
attendance days left in the school year,
the eligibility |
determination shall be made and the IEP meeting shall be |
completed prior to the first day of the
following school year. |
Special education and related services must be provided in |
accordance with the student's IEP no later than 10 school |
attendance days after notice is provided to the parents |
pursuant to Section 300.503 of Title 34 of the Code of Federal |
Regulations and implementing rules adopted by the State Board |
of Education. The appropriate
program pursuant to the |
individualized educational program of students
whose native |
tongue is a language other than English shall reflect the
|
special education, cultural and linguistic needs. No later than |
September
1, 1993, the State Board of Education shall establish |
standards for the
development, implementation and monitoring |
of appropriate bilingual special
individualized educational |
programs. The State Board of Education shall
further |
incorporate appropriate monitoring procedures to verify |
implementation
of these standards. The district shall indicate |
to the parent and
the State Board of Education the nature of |
the services the child will receive
for the regular school term |
while waiting placement in the appropriate special
education |
class.
|
If the child is deaf, hard of hearing, blind, or visually |
impaired and
he or she might be eligible to receive services |
|
from the Illinois School for
the Deaf or the Illinois School |
for the Visually Impaired, the school
district shall notify the |
parents, in writing, of the existence of
these schools
and the |
services
they provide and shall make a reasonable effort to |
inform the parents of the existence of other, local schools |
that provide similar services and the services that these other |
schools provide. This notification
shall
include without |
limitation information on school services, school
admissions |
criteria, and school contact information.
|
In the development of the individualized education program |
for a student who has a disability on the autism spectrum |
(which includes autistic disorder, Asperger's disorder, |
pervasive developmental disorder not otherwise specified, |
childhood disintegrative disorder, and Rett Syndrome, as |
defined in the Diagnostic and Statistical Manual of Mental |
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
consider all of the following factors: |
(1) The verbal and nonverbal communication needs of the |
child. |
(2) The need to develop social interaction skills and |
proficiencies. |
(3) The needs resulting from the child's unusual |
responses to sensory experiences. |
(4) The needs resulting from resistance to |
environmental change or change in daily routines. |
(5) The needs resulting from engagement in repetitive |
|
activities and stereotyped movements. |
(6) The need for any positive behavioral |
interventions, strategies, and supports to address any |
behavioral difficulties resulting from autism spectrum |
disorder. |
(7) Other needs resulting from the child's disability |
that impact progress in the general curriculum, including |
social and emotional development. |
Public Act 95-257
does not create any new entitlement to a |
service, program, or benefit, but must not affect any |
entitlement to a service, program, or benefit created by any |
other law.
|
If the student may be eligible to participate in the |
Home-Based Support
Services Program for Adults with Mental |
Disabilities Mentally Disabled Adults authorized under the
|
Developmental Disability and Mental Disability Services Act |
upon becoming an
adult, the student's individualized education |
program shall include plans for
(i) determining the student's |
eligibility for those home-based services, (ii)
enrolling the |
student in the program of home-based services, and (iii)
|
developing a plan for the student's most effective use of the |
home-based
services after the student becomes an adult and no |
longer receives special
educational services under this |
Article. The plans developed under this
paragraph shall include |
specific actions to be taken by specified individuals,
|
agencies, or officials.
|
|
(c) In the development of the individualized education |
program for a
student who is functionally blind, it shall be |
presumed that proficiency in
Braille reading and writing is |
essential for the student's satisfactory
educational progress. |
For purposes of this subsection, the State Board of
Education |
shall determine the criteria for a student to be classified as
|
functionally blind. Students who are not currently identified |
as
functionally blind who are also entitled to Braille |
instruction include:
(i) those whose vision loss is so severe |
that they are unable to read and
write at a level comparable to |
their peers solely through the use of
vision, and (ii) those |
who show evidence of progressive vision loss that
may result in |
functional blindness. Each student who is functionally blind
|
shall be entitled to Braille reading and writing instruction |
that is
sufficient to enable the student to communicate with |
the same level of
proficiency as other students of comparable |
ability. Instruction should be
provided to the extent that the |
student is physically and cognitively able
to use Braille. |
Braille instruction may be used in combination with other
|
special education services appropriate to the student's |
educational needs.
The assessment of each student who is |
functionally blind for the purpose of
developing the student's |
individualized education program shall include
documentation |
of the student's strengths and weaknesses in Braille skills.
|
Each person assisting in the development of the individualized |
education
program for a student who is functionally blind shall |
|
receive information
describing the benefits of Braille |
instruction. The individualized
education program for each |
student who is functionally blind shall
specify the appropriate |
learning medium or media based on the assessment
report.
|
(d) To the maximum extent appropriate, the placement shall |
provide the
child with the opportunity to be educated with |
children who do not have a disability are not
disabled ; |
provided that children with
disabilities who are recommended to |
be
placed into regular education classrooms are provided with |
supplementary
services to assist the children with |
disabilities to benefit
from the regular
classroom instruction |
and are included on the teacher's regular education class
|
register. Subject to the limitation of the preceding sentence, |
placement in
special classes, separate schools or other removal |
of the child with a disability disabled child
from the regular |
educational environment shall occur only when the nature of
the |
severity of the disability is such that education in the
|
regular classes with
the use of supplementary aids and services |
cannot be achieved satisfactorily.
The placement of limited |
English proficiency students with disabilities shall
be in |
non-restrictive environments which provide for integration |
with
non-disabled peers who do not have disabilities in |
bilingual classrooms. Annually, each January, school districts |
shall report data on students from non-English
speaking |
backgrounds receiving special education and related services |
in
public and private facilities as prescribed in Section |
|
2-3.30. If there
is a disagreement between parties involved |
regarding the special education
placement of any child, either |
in-state or out-of-state, the placement is
subject to impartial |
due process procedures described in Article 10 of the
Rules and |
Regulations to Govern the Administration and Operation of |
Special
Education.
|
(e) No child who comes from a home in which a language |
other than English
is the principal language used may be |
assigned to any class or program
under this Article until he |
has been given, in the principal language
used by the child and |
used in his home, tests reasonably related to his
cultural |
environment. All testing and evaluation materials and |
procedures
utilized for evaluation and placement shall not be |
linguistically, racially or
culturally discriminatory.
|
(f) Nothing in this Article shall be construed to require |
any child to
undergo any physical examination or medical |
treatment whose parents object thereto on the grounds that such |
examination or
treatment conflicts with his religious beliefs.
|
(g) School boards or their designee shall provide to the |
parents of a child prior written notice of any decision (a) |
proposing
to initiate or change, or (b) refusing to initiate or |
change, the
identification, evaluation, or educational |
placement of the child or the
provision of a free appropriate |
public education to their child, and the
reasons therefor. Such |
written notification shall also inform the
parent of the |
opportunity to present complaints with respect
to any matter |
|
relating to the educational placement of the student, or
the |
provision of a free appropriate public education and to have an
|
impartial due process hearing on the complaint. The notice |
shall inform
the parents in the parents' native language,
|
unless it is clearly not feasible to do so, of their rights and |
all
procedures available pursuant to this Act and the federal |
Individuals with Disabilities Education Improvement Act of |
2004 (Public Law 108-446); it
shall be the responsibility of |
the State Superintendent to develop
uniform notices setting |
forth the procedures available under this Act
and the federal |
Individuals with Disabilities Education Improvement Act of |
2004 (Public Law 108-446) to be used by all school boards. The |
notice
shall also inform the parents of the availability upon
|
request of a list of free or low-cost legal and other relevant |
services
available locally to assist parents in initiating an
|
impartial due process hearing. Any parent who is deaf, or
does |
not normally communicate using spoken English, who |
participates in
a meeting with a representative of a local |
educational agency for the
purposes of developing an |
individualized educational program shall be
entitled to the |
services of an interpreter.
|
(g-5) For purposes of this subsection (g-5), "qualified |
professional" means an individual who holds credentials to |
evaluate the child in the domain or domains for which an |
evaluation is sought or an intern working under the direct |
supervision of a qualified professional, including a master's |
|
or doctoral degree candidate. |
To ensure that a parent can participate fully and |
effectively with school personnel in the development of |
appropriate educational and related services for his or her |
child, the parent, an independent educational evaluator, or a |
qualified professional retained by or on behalf of a parent or |
child must be afforded reasonable access to educational |
facilities, personnel, classrooms, and buildings and to the |
child as provided in this subsection (g-5). The requirements of |
this subsection (g-5) apply to any public school facility, |
building, or program and to any facility, building, or program |
supported in whole or in part by public funds. Prior to |
visiting a school, school building, or school facility, the |
parent, independent educational evaluator, or qualified |
professional may be required by the school district to inform |
the building principal or supervisor in writing of the proposed |
visit, the purpose of the visit, and the approximate duration |
of the visit. The visitor and the school district shall arrange |
the visit or visits at times that are mutually agreeable. |
Visitors shall comply with school safety, security, and |
visitation policies at all times. School district visitation |
policies must not conflict with this subsection (g-5). Visitors |
shall be required to comply with the requirements of applicable |
privacy laws, including those laws protecting the |
confidentiality of education records such as the federal Family |
Educational Rights and Privacy Act and the Illinois School |
|
Student Records Act. The visitor shall not disrupt the |
educational process. |
(1) A parent must be afforded reasonable access of |
sufficient duration and scope for the purpose of observing |
his or her child in the child's current educational |
placement, services, or program or for the purpose of |
visiting an educational placement or program proposed for |
the child. |
(2) An independent educational evaluator or a |
qualified professional retained by or on behalf of a parent |
or child must be afforded reasonable access of sufficient |
duration and scope for the purpose of conducting an |
evaluation of the child, the child's performance, the |
child's current educational program, placement, services, |
or environment, or any educational program, placement, |
services, or environment proposed for the child, including |
interviews of educational personnel, child observations, |
assessments, tests or assessments of the child's |
educational program, services, or placement or of any |
proposed educational program, services, or placement. If |
one or more interviews of school personnel are part of the |
evaluation, the interviews must be conducted at a mutually |
agreed upon time, date, and place that do not interfere |
with the school employee's school duties. The school |
district may limit interviews to personnel having |
information relevant to the child's current educational |
|
services, program, or placement or to a proposed |
educational service, program, or placement. |
(h) (Blank).
|
(i) (Blank).
|
(j) (Blank).
|
(k) (Blank).
|
(l) (Blank).
|
(m) (Blank).
|
(n) (Blank).
|
(o) (Blank).
|
(Source: P.A. 98-219, eff. 8-9-13.)
|
(105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
|
Sec. 14-8.04. Supported employment. The school board that |
is the
governing body of any secondary school in this State |
that provides special
education services and facilities for |
children with
disabilities shall include,
as part of preparing |
the transition planning for children with disabilities |
disabled children who are
16 years of age or more, |
consideration of a supported employment component
with |
experiences in integrated community settings for those |
eligible children
with disabilities who have been determined at |
an
IEP meeting to be in
need of participation in the supported |
employment services offered pursuant
to this Section.
|
Supported employment services made available as part of |
transition
planning under this Section shall be designed and |
|
developed for school
boards by the State Board of Education, in |
consultation with programs such
as Project CHOICES (Children |
Have Opportunities In Integrated Community
Environments), |
parents and advocates of children with disabilities, and the
|
Departments of Central Management Services and Human
Services.
|
(Source: P.A. 98-44, eff. 6-28-13.)
|
(105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
|
Sec. 14-11.01.
Educational materials coordinating
unit. |
The State Board
of Education shall maintain or contract for an |
educational materials
coordinating
unit for children with |
disabilities to provide:
|
(1) Staff and resources for the coordination, cataloging, |
standardizing,
production, procurement, storage, and |
distribution of educational materials
needed by children with |
visual disabilities visually disabled children and adults with
|
disabilities.
|
(2) Staff and resources of an instructional materials |
center to include
library, audio-visual, programmed, and other |
types of instructional materials
peculiarly adapted to the |
instruction of pupils with
disabilities.
|
The educational materials coordinating unit shall have as |
its major purpose
the improvement of instructional programs for |
children with
disabilities and the
in-service training of all |
professional personnel associated with programs
of special |
education and to these ends is authorized to operate under |
|
rules
and regulations of the State Board of Education with the |
advice of the Advisory
Council.
|
(Source: P.A. 89-397, eff. 8-20-95.)
|
(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) |
Sec. 17-2.11. School board power to levy a tax or to borrow |
money and
issue bonds for fire prevention, safety, energy |
conservation, disabled
accessibility, school security, and |
specified repair purposes. |
(a) Whenever, as a
result of any lawful order of any |
agency,
other than a school board, having authority to enforce |
any school building code
applicable to any facility that houses |
students, or any law or regulation for
the protection and |
safety of the environment, pursuant to the Environmental
|
Protection Act, any school district having a population of less |
than 500,000
inhabitants is required to alter or reconstruct |
any school building or
permanent, fixed equipment; the district |
may, by proper resolution, levy a tax for the purpose of making |
such alteration or reconstruction, based on a survey report by |
an architect or engineer licensed in this State, upon all of |
the taxable property of the district at the value as assessed |
by the Department of Revenue and at a rate not to exceed 0.05% |
per year for a period sufficient to finance such alteration or |
reconstruction, upon the following conditions: |
(1) When there are not sufficient funds available in |
the operations and maintenance fund of the school district, |
|
the school facility occupation tax fund of the district, or |
the fire prevention and safety fund of the district, as |
determined by the district on the basis of rules adopted by |
the State Board of Education, to make such alteration or |
reconstruction or to purchase and install such permanent, |
fixed equipment so ordered or determined as necessary. |
Appropriate school district records must be made available |
to the State Superintendent of Education, upon request, to |
confirm this insufficiency. |
(2) When a certified estimate of an architect or |
engineer licensed in this State stating the estimated |
amount necessary to make the alteration or reconstruction |
or to purchase and install the equipment so ordered has |
been secured by the school district, and the estimate has |
been approved by the regional superintendent of schools |
having jurisdiction over the district and the State |
Superintendent of Education. Approval must not be granted |
for any work that has already started without the prior |
express authorization of the State Superintendent of |
Education. If the estimate is not approved or is denied |
approval by the regional superintendent of schools within 3 |
months after the date on which it is submitted to him or |
her, the school board of the district may submit the |
estimate directly to the State Superintendent of Education |
for approval or denial. |
In the case of an emergency situation, where the estimated |
|
cost to effectuate emergency repairs is less than the amount |
specified in Section 10-20.21 of this Code, the school district |
may proceed with such repairs prior to approval by the State |
Superintendent of Education, but shall comply with the |
provisions of subdivision (2) of this subsection (a) as soon |
thereafter as may be as well as Section 10-20.21 of this Code. |
If the estimated cost to effectuate emergency repairs is |
greater than the amount specified in Section 10-20.21 of this |
Code, then the school district shall proceed in conformity with |
Section 10-20.21 of this Code and with rules established by the |
State Board of Education to address such situations. The rules |
adopted by the State Board of Education to deal with these |
situations shall stipulate that emergency situations must be |
expedited and given priority consideration. For purposes of |
this paragraph, an emergency is a situation that presents an |
imminent and continuing threat to the health and safety of |
students or other occupants of a facility, requires complete or |
partial evacuation of a building or part of a building, or |
consumes one or more of the 5 emergency days built into the |
adopted calendar of the school or schools or would otherwise be |
expected to cause such school or schools to fall short of the |
minimum school calendar requirements. |
(b) Whenever any such district determines that
it is |
necessary for energy conservation purposes that any school |
building
or permanent, fixed equipment should be altered or |
reconstructed and
that such alterations or reconstruction will |
|
be made with funds not necessary
for the completion of approved |
and recommended projects contained in any safety
survey report |
or amendments thereto authorized by Section 2-3.12 of this Act; |
the district may levy a tax or issue bonds as provided in |
subsection (a) of this Section. |
(c) Whenever
any such district determines that it is |
necessary for disabled accessibility purposes and to comply |
with the school building
code that any
school building or |
equipment should be altered or reconstructed and that such
|
alterations or reconstruction will be made with
funds not |
necessary for the completion of approved and recommended |
projects
contained in any safety survey report or amendments |
thereto authorized under
Section 2-3.12 of this Act, the |
district may levy a tax or issue bonds as provided in |
subsection (a) of this Section. |
(d) Whenever any such district determines that it is
|
necessary for school
security purposes and the related |
protection and safety of pupils and school
personnel that any |
school building or property should be altered or
reconstructed |
or that security systems and equipment (including but not |
limited
to intercom, early detection and warning, access |
control and television
monitoring systems) should be purchased |
and installed, and that such
alterations, reconstruction or |
purchase and installation of equipment will be
made with funds |
not necessary for the completion of approved and recommended
|
projects contained in any safety survey report or amendment |
|
thereto authorized
by Section 2-3.12 of this Act and will deter |
and prevent unauthorized entry or
activities upon school |
property by unknown or dangerous persons, assure early
|
detection and advance warning of any such actual or attempted |
unauthorized
entry or activities and help assure the continued |
safety of pupils and school
staff if any such unauthorized |
entry or activity is attempted or occurs;
the district may levy |
a tax or issue bonds as provided in subsection (a) of this |
Section. |
(e) If a school district does not need funds for other fire |
prevention and
safety projects, including the completion of |
approved and recommended projects
contained in any safety |
survey report or amendments thereto authorized by
Section |
2-3.12 of this Act, and it is determined after a public hearing |
(which
is preceded by at least one published notice (i) |
occurring at least 7 days
prior to the hearing in a newspaper |
of general circulation within the school
district and (ii) |
setting forth the time, date, place, and general subject
matter |
of the hearing) that there is a
substantial, immediate, and |
otherwise unavoidable threat to the health, safety,
or welfare |
of pupils due to disrepair of school sidewalks, playgrounds, |
parking
lots, or school bus turnarounds and repairs must be |
made; then the district may levy a tax or issue bonds as |
provided in subsection (a) of this Section. |
(f) For purposes of this Section a school district may |
replace a school
building or build additions to replace |
|
portions of a building when it is
determined that the |
effectuation of the recommendations for the existing
building |
will cost more than the replacement costs. Such determination |
shall
be based on a comparison of estimated costs made by an |
architect or engineer
licensed in the State of Illinois. The |
new building or addition shall be
equivalent in area (square |
feet) and comparable in purpose and grades served
and may be on |
the same site or another site. Such replacement may only be |
done
upon order of the regional superintendent of schools and |
the approval of the
State Superintendent of Education. |
(g) The filing of a certified copy of the resolution |
levying the tax when
accompanied by the certificates of the |
regional superintendent of schools and
State Superintendent of |
Education shall be the authority of the county clerk to
extend |
such tax. |
(h) The county clerk of the county in which any school |
district levying a
tax under the authority of this Section is |
located, in reducing raised
levies, shall not consider any such |
tax as a part of the general levy
for school purposes and shall |
not include the same in the limitation of
any other tax rate |
which may be extended. |
Such tax shall be levied and collected in like manner as |
all other
taxes of school districts, subject to the provisions |
contained in this Section. |
(i) The tax rate limit specified in this Section may be |
increased to .10%
upon the approval of a proposition to effect |
|
such increase by a majority
of the electors voting on that |
proposition at a regular scheduled election.
Such proposition |
may be initiated by resolution of the school board and
shall be |
certified by the secretary to the proper election authorities |
for
submission in accordance with the general election law. |
(j) When taxes are levied by any school district for fire |
prevention,
safety, energy conservation, and school security |
purposes as specified in this
Section, and the purposes for |
which the taxes have been
levied are accomplished and paid in |
full, and there remain funds on hand in
the Fire Prevention and |
Safety Fund from the proceeds of the taxes levied,
including |
interest earnings thereon, the school board by resolution shall |
use
such excess and other board restricted funds, excluding |
bond proceeds and
earnings from such proceeds, as follows: |
(1) for other authorized fire prevention,
safety, |
energy conservation, and school security purposes and for |
required safety inspections;
or |
(2) for transfer to the Operations and Maintenance Fund
|
for the purpose of abating an equal amount of operations |
and maintenance
purposes taxes. |
Notwithstanding subdivision (2) of this subsection (j) and |
subsection (k) of this Section, through June 30, 2016, the |
school board
may, by proper resolution following a public |
hearing set by the
school board or the president of the school |
board (that is
preceded (i) by at least one published notice |
over the name of
the clerk or secretary of the board, occurring |
|
at least 7 days
and not more than 30 days prior to the hearing, |
in a newspaper
of general circulation within the school |
district and (ii) by
posted notice over the name of the clerk |
or secretary of the
board, at least 48 hours before the |
hearing, at the principal
office of the school board or at the |
building where the hearing
is to be held if a principal office |
does not exist, with both
notices setting forth the time, date, |
place, and subject matter
of the hearing), transfer surplus |
life safety taxes and interest earnings thereon to the |
Operations and Maintenance Fund for building repair work. |
(k) If any transfer is made to the Operation and |
Maintenance
Fund, the secretary of the school board shall |
within 30 days notify
the county clerk of the amount of that |
transfer and direct the clerk to
abate the taxes to be extended |
for the purposes of operations and
maintenance authorized under |
Section 17-2 of this Act by an amount equal
to such transfer. |
(l) If the proceeds from the tax levy authorized by this
|
Section are insufficient to complete the work approved under |
this
Section, the school board is authorized to sell bonds |
without referendum
under the provisions of this Section in an |
amount that, when added to the
proceeds of the tax levy |
authorized by this Section, will allow completion
of the |
approved work. |
(m) Any bonds issued pursuant to this Section shall bear |
interest at a rate not to exceed the maximum rate
authorized by |
law at the time of the making of the contract, shall mature
|
|
within 20 years from date, and shall be signed by the president |
of the school
board and the treasurer of the school district. |
(n) In order to authorize and issue such bonds, the school |
board shall adopt
a resolution fixing the amount of bonds, the |
date thereof, the maturities
thereof, rates of interest |
thereof, place of payment and denomination,
which shall be in |
denominations of not less than $100 and not more than
$5,000, |
and provide for the levy and collection of a direct annual tax |
upon
all the taxable property in the school district sufficient |
to pay the
principal and interest on such bonds to maturity. |
Upon the filing in the
office of the county clerk of the county |
in which the school district is
located of a certified copy of |
the resolution, it is the duty of the
county clerk to extend |
the tax therefor in addition to and in excess of all
other |
taxes heretofore or hereafter authorized to be
levied by such |
school district. |
(o) After the time such bonds are issued as provided for by |
this Section, if
additional alterations or reconstructions are |
required to be made because
of surveys conducted by an |
architect or engineer licensed in the State of
Illinois, the |
district may levy a tax at a rate not to exceed .05% per year
|
upon all the taxable property of the district or issue |
additional bonds,
whichever action shall be the most feasible. |
(p) This Section is cumulative and constitutes complete |
authority for the
issuance of bonds as provided in this Section |
notwithstanding any other
statute or law to the contrary. |
|
(q) With respect to instruments for the payment of money |
issued under this
Section either before, on, or after the |
effective date of Public Act 86-004
(June 6, 1989), it is, and |
always has been, the intention of the General
Assembly (i) that |
the Omnibus Bond Acts are, and always have been,
supplementary |
grants of power to issue instruments in accordance with the
|
Omnibus Bond Acts, regardless of any provision of this Act that |
may appear
to be or to have been more restrictive than those |
Acts, (ii) that the
provisions of this Section are not a |
limitation on the supplementary
authority granted by the |
Omnibus Bond Acts, and (iii) that instruments
issued under this |
Section within the supplementary authority granted by the
|
Omnibus Bond Acts are not invalid because of any provision of |
this Act that
may appear to be or to have been more restrictive |
than those Acts. |
(r) When the purposes for which the bonds are issued have |
been accomplished
and paid for in full and there remain funds |
on hand from the proceeds of
the bond sale and interest |
earnings therefrom, the board shall, by
resolution, use such |
excess funds in accordance with the provisions of
Section |
10-22.14 of this Act. |
(s) Whenever any tax is levied or bonds issued for fire |
prevention, safety,
energy conservation, and school security |
purposes, such proceeds shall be
deposited and accounted for |
separately within the Fire Prevention and Safety
Fund. |
(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14.)
|
|
(105 ILCS 5/19-1)
|
Sec. 19-1. Debt limitations of school districts.
|
(a) School districts shall not be subject to the provisions |
limiting their
indebtedness prescribed in "An Act to limit the |
indebtedness of counties having
a population of less than |
500,000 and townships, school districts and other
municipal |
corporations having a population of less than 300,000", |
approved
February 15, 1928, as amended.
|
No school districts maintaining grades K through 8 or 9 |
through 12
shall become indebted in any manner or for any |
purpose to an amount,
including existing indebtedness, in the |
aggregate exceeding 6.9% on the
value of the taxable property |
therein to be ascertained by the last assessment
for State and |
county taxes or, until January 1, 1983, if greater, the sum |
that
is produced by multiplying the school district's 1978 |
equalized assessed
valuation by the debt limitation percentage |
in effect on January 1, 1979,
previous to the incurring of such |
indebtedness.
|
No school districts maintaining grades K through 12 shall |
become
indebted in any manner or for any purpose to an amount, |
including
existing indebtedness, in the aggregate exceeding |
13.8% on the value of
the taxable property therein to be |
ascertained by the last assessment
for State and county taxes |
or, until January 1, 1983, if greater, the sum that
is produced |
by multiplying the school district's 1978 equalized assessed
|
|
valuation by the debt limitation percentage in effect on |
January 1, 1979,
previous to the incurring of such |
indebtedness.
|
No partial elementary unit district, as defined in Article |
11E of this Code, shall become indebted in any manner or for |
any purpose in an amount, including existing indebtedness, in |
the aggregate exceeding 6.9% of the value of the taxable |
property of the entire district, to be ascertained by the last |
assessment for State and county taxes, plus an amount, |
including existing indebtedness, in the aggregate exceeding |
6.9% of the value of the taxable property of that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes. Moreover, no partial elementary unit |
district, as defined in Article 11E of this Code, shall become |
indebted on account of bonds issued by the district for high |
school purposes in the aggregate exceeding 6.9% of the value of |
the taxable property of the entire district, to be ascertained |
by the last assessment for State and county taxes, nor shall |
the district become indebted on account of bonds issued by the |
district for elementary purposes in the aggregate exceeding |
6.9% of the value of the taxable property for that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes.
|
Notwithstanding the provisions of any other law to the |
|
contrary, in any
case in which the voters of a school district |
have approved a proposition
for the issuance of bonds of such |
school district at an election held prior
to January 1, 1979, |
and all of the bonds approved at such election have
not been |
issued, the debt limitation applicable to such school district
|
during the calendar year 1979 shall be computed by multiplying |
the value
of taxable property therein, including personal |
property, as ascertained
by the last assessment for State and |
county taxes, previous to the incurring
of such indebtedness, |
by the percentage limitation applicable to such school
district |
under the provisions of this subsection (a).
|
(b) Notwithstanding the debt limitation prescribed in |
subsection (a)
of this Section, additional indebtedness may be |
incurred in an amount
not to exceed the estimated cost of |
acquiring or improving school sites
or constructing and |
equipping additional building facilities under the
following |
conditions:
|
(1) Whenever the enrollment of students for the next |
school year is
estimated by the board of education to |
increase over the actual present
enrollment by not less |
than 35% or by not less than 200 students or the
actual |
present enrollment of students has increased over the |
previous
school year by not less than 35% or by not less |
than 200 students and
the board of education determines |
that additional school sites or
building facilities are |
required as a result of such increase in
enrollment; and
|
|
(2) When the Regional Superintendent of Schools having |
jurisdiction
over the school district and the State |
Superintendent of Education
concur in such enrollment |
projection or increase and approve the need
for such |
additional school sites or building facilities and the
|
estimated cost thereof; and
|
(3) When the voters in the school district approve a |
proposition for
the issuance of bonds for the purpose of |
acquiring or improving such
needed school sites or |
constructing and equipping such needed additional
building |
facilities at an election called and held for that purpose.
|
Notice of such an election shall state that the amount of |
indebtedness
proposed to be incurred would exceed the debt |
limitation otherwise
applicable to the school district. |
The ballot for such proposition
shall state what percentage |
of the equalized assessed valuation will be
outstanding in |
bonds if the proposed issuance of bonds is approved by
the |
voters; or
|
(4) Notwithstanding the provisions of paragraphs (1) |
through (3) of
this subsection (b), if the school board |
determines that additional
facilities are needed to |
provide a quality educational program and not
less than 2/3 |
of those voting in an election called by the school board
|
on the question approve the issuance of bonds for the |
construction of
such facilities, the school district may |
issue bonds for this
purpose; or
|
|
(5) Notwithstanding the provisions of paragraphs (1) |
through (3) of this
subsection (b), if (i) the school |
district has previously availed itself of the
provisions of |
paragraph (4) of this subsection (b) to enable it to issue |
bonds,
(ii) the voters of the school district have not |
defeated a proposition for the
issuance of bonds since the |
referendum described in paragraph (4) of this
subsection |
(b) was held, (iii) the school board determines that |
additional
facilities are needed to provide a quality |
educational program, and (iv) a
majority of those voting in |
an election called by the school board on the
question |
approve the issuance of bonds for the construction of such |
facilities,
the school district may issue bonds for this |
purpose.
|
In no event shall the indebtedness incurred pursuant to |
this
subsection (b) and the existing indebtedness of the school |
district
exceed 15% of the value of the taxable property |
therein to be
ascertained by the last assessment for State and |
county taxes, previous
to the incurring of such indebtedness |
or, until January 1, 1983, if greater,
the sum that is produced |
by multiplying the school district's 1978 equalized
assessed |
valuation by the debt limitation percentage in effect on |
January 1,
1979.
|
The indebtedness provided for by this subsection (b) shall |
be in
addition to and in excess of any other debt limitation.
|
(c) Notwithstanding the debt limitation prescribed in |
|
subsection (a)
of this Section, in any case in which a public |
question for the issuance
of bonds of a proposed school |
district maintaining grades kindergarten
through 12 received |
at least 60% of the valid ballots cast on the question at
an |
election held on or prior to November 8, 1994, and in which the |
bonds
approved at such election have not been issued, the |
school district pursuant to
the requirements of Section 11A-10 |
(now repealed) may issue the total amount of bonds approved
at |
such election for the purpose stated in the question.
|
(d) Notwithstanding the debt limitation prescribed in |
subsection (a)
of this Section, a school district that meets |
all the criteria set forth in
paragraphs (1) and (2) of this |
subsection (d) may incur an additional
indebtedness in an |
amount not to exceed $4,500,000, even though the amount of
the |
additional indebtedness authorized by this subsection (d), |
when incurred
and added to the aggregate amount of indebtedness |
of the district existing
immediately prior to the district |
incurring the additional indebtedness
authorized by this |
subsection (d), causes the aggregate indebtedness of the
|
district to exceed the debt limitation otherwise applicable to |
that district
under subsection (a):
|
(1) The additional indebtedness authorized by this |
subsection (d) is
incurred by the school district through |
the issuance of bonds under and in
accordance with Section |
17-2.11a for the purpose of replacing a school
building |
which, because of mine subsidence damage, has been closed |
|
as provided
in paragraph (2) of this subsection (d) or |
through the issuance of bonds under
and in accordance with |
Section 19-3 for the purpose of increasing the size of,
or |
providing for additional functions in, such replacement |
school buildings, or
both such purposes.
|
(2) The bonds issued by the school district as provided |
in paragraph (1)
above are issued for the purposes of |
construction by the school district of
a new school |
building pursuant to Section 17-2.11, to replace an |
existing
school building that, because of mine subsidence |
damage, is closed as of the
end of the 1992-93 school year |
pursuant to action of the regional
superintendent of |
schools of the educational service region in which the
|
district is located under Section 3-14.22 or are issued for |
the purpose of
increasing the size of, or providing for |
additional functions in, the new
school building being |
constructed to replace a school building closed as the
|
result of mine subsidence damage, or both such purposes.
|
(e) (Blank).
|
(f) Notwithstanding the provisions of subsection (a) of |
this Section or of
any other law, bonds in not to exceed the |
aggregate amount of $5,500,000 and
issued by a school district |
meeting the following criteria shall not be
considered |
indebtedness for purposes of any statutory limitation and may |
be
issued in an amount or amounts, including existing |
indebtedness, in excess of
any heretofore or hereafter imposed |
|
statutory limitation as to indebtedness:
|
(1) At the time of the sale of such bonds, the board of |
education of the
district shall have determined by |
resolution that the enrollment of students in
the district |
is projected to increase by not less than 7% during each of |
the
next succeeding 2 school years.
|
(2) The board of education shall also determine by |
resolution that the
improvements to be financed with the |
proceeds of the bonds are needed because
of the projected |
enrollment increases.
|
(3) The board of education shall also determine by |
resolution that the
projected increases in enrollment are |
the result of improvements made or
expected to be made to |
passenger rail facilities located in the school
district.
|
Notwithstanding the provisions of subsection (a) of this |
Section or of any other law, a school district that has availed |
itself of the provisions of this subsection (f) prior to July |
22, 2004 (the effective date of Public Act 93-799) may also |
issue bonds approved by referendum up to an amount, including |
existing indebtedness, not exceeding 25% of the equalized |
assessed value of the taxable property in the district if all |
of the conditions set forth in items (1), (2), and (3) of this |
subsection (f) are met.
|
(g) Notwithstanding the provisions of subsection (a) of |
this Section or any
other law, bonds in not to exceed an |
aggregate amount of 25% of the equalized
assessed value of the |
|
taxable property of a school district and issued by a
school |
district meeting the criteria in paragraphs (i) through (iv) of |
this
subsection shall not be considered indebtedness for |
purposes of any statutory
limitation and may be issued pursuant |
to resolution of the school board in an
amount or amounts, |
including existing indebtedness, in
excess of any statutory |
limitation of indebtedness heretofore or hereafter
imposed:
|
(i) The bonds are issued for the purpose of |
constructing a new high school
building to replace two |
adjacent existing buildings which together house a
single |
high school, each of which is more than 65 years old, and |
which together
are located on more than 10 acres and less |
than 11 acres of property.
|
(ii) At the time the resolution authorizing the |
issuance of the bonds is
adopted, the cost of constructing |
a new school building to replace the existing
school |
building is less than 60% of the cost of repairing the |
existing school
building.
|
(iii) The sale of the bonds occurs before July 1, 1997.
|
(iv) The school district issuing the bonds is a unit |
school district
located in a county of less than 70,000 and |
more than 50,000 inhabitants,
which has an average daily |
attendance of less than 1,500 and an equalized
assessed |
valuation of less than $29,000,000.
|
(h) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until January 1, 1998, a |
|
community unit school
district maintaining grades K through 12 |
may issue bonds up to an amount,
including existing |
indebtedness, not exceeding 27.6% of the equalized assessed
|
value of the taxable property in the district, if all of the |
following
conditions are met:
|
(i) The school district has an equalized assessed |
valuation for calendar
year 1995 of less than $24,000,000;
|
(ii) The bonds are issued for the capital improvement, |
renovation,
rehabilitation, or replacement of existing |
school buildings of the district,
all of which buildings |
were originally constructed not less than 40 years ago;
|
(iii) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
March 19, 1996; and
|
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
|
(i) Notwithstanding any other provisions of this Section or |
the provisions
of any other law, until January 1, 1998, a |
community unit school district
maintaining grades K through 12 |
may issue bonds up to an amount, including
existing |
indebtedness, not exceeding 27% of the equalized assessed value |
of the
taxable property in the district, if all of the |
following conditions are met:
|
(i) The school district has an equalized assessed |
valuation for calendar
year 1995 of less than $44,600,000;
|
(ii) The bonds are issued for the capital improvement, |
|
renovation,
rehabilitation, or replacement
of existing |
school buildings of the district, all of which
existing |
buildings were originally constructed not less than 80 |
years ago;
|
(iii) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
December 31, 1996; and
|
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
|
(j) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until January 1, 1999, a |
community unit school
district maintaining grades K through 12 |
may issue bonds up to an amount,
including existing |
indebtedness, not exceeding 27% of the equalized assessed
value |
of the taxable property in the district if all of the following
|
conditions are met:
|
(i) The school district has an equalized assessed |
valuation for calendar
year 1995 of less than $140,000,000 |
and a best 3 months
average daily
attendance for the |
1995-96 school year of at least 2,800;
|
(ii) The bonds are issued to purchase a site and build |
and equip a new
high school, and the school district's |
existing high school was originally
constructed not less |
than 35
years prior to the sale of the bonds;
|
(iii) At the time of the sale of the bonds, the board |
of education
determines
by resolution that a new high |
|
school is needed because of projected enrollment
|
increases;
|
(iv) At least 60% of those voting in an election held
|
after December 31, 1996 approve a proposition
for the |
issuance of
the bonds; and
|
(v) The bonds are issued pursuant to Sections 19-2 |
through
19-7 of this Code.
|
(k) Notwithstanding the debt limitation prescribed in |
subsection (a) of
this Section, a school district that meets |
all the criteria set forth in
paragraphs (1) through (4) of |
this subsection (k) may issue bonds to incur an
additional |
indebtedness in an amount not to exceed $4,000,000 even though |
the
amount of the additional indebtedness authorized by this |
subsection (k), when
incurred and added to the aggregate amount |
of indebtedness of the school
district existing immediately |
prior to the school district incurring such
additional |
indebtedness, causes the aggregate indebtedness of the school
|
district to exceed or increases the amount by which the |
aggregate indebtedness
of the district already exceeds the debt |
limitation otherwise applicable to
that school district under |
subsection (a):
|
(1) the school district is located in 2 counties, and a |
referendum to
authorize the additional indebtedness was |
approved by a majority of the voters
of the school district |
voting on the proposition to authorize that
indebtedness;
|
(2) the additional indebtedness is for the purpose of |
|
financing a
multi-purpose room addition to the existing |
high school;
|
(3) the additional indebtedness, together with the |
existing indebtedness
of the school district, shall not |
exceed 17.4% of the value of the taxable
property in the |
school district, to be ascertained by the last assessment |
for
State and county taxes; and
|
(4) the bonds evidencing the additional indebtedness |
are issued, if at
all, within 120 days of the effective |
date of this amendatory Act of 1998.
|
(l) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until January 1, 2000, a |
school district
maintaining grades kindergarten through 8 may |
issue bonds up to an amount,
including existing indebtedness, |
not exceeding 15% of the equalized assessed
value of the |
taxable property in the district if all of the following
|
conditions are met:
|
(i) the district has an equalized assessed valuation |
for calendar year
1996 of less than $10,000,000;
|
(ii) the bonds are issued for capital improvement, |
renovation,
rehabilitation, or replacement of one or more |
school buildings of the district,
which buildings were |
originally constructed not less than 70 years ago;
|
(iii) the voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held on or |
after March 17, 1998; and
|
|
(iv) the bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
|
(m) Notwithstanding any other provisions of this Section or |
the provisions
of
any other law, until January 1, 1999, an |
elementary school district maintaining
grades K through 8 may |
issue bonds up to an amount, excluding existing
indebtedness, |
not exceeding 18% of the equalized assessed value of the |
taxable
property in the district, if all of the following |
conditions are met:
|
(i) The school district has an equalized assessed |
valuation for calendar
year 1995 or less than $7,700,000;
|
(ii) The school district operates 2 elementary |
attendance centers that
until
1976 were operated as the |
attendance centers of 2 separate and distinct school
|
districts;
|
(iii) The bonds are issued for the construction of a |
new elementary school
building to replace an existing |
multi-level elementary school building of the
school |
district that is not handicapped accessible at all levels |
and parts of
which were constructed more than 75 years ago;
|
(iv) The voters of the school district approve a |
proposition for the
issuance of the bonds at a referendum |
held after July 1, 1998; and
|
(v) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
|
(n) Notwithstanding the debt limitation prescribed in |
|
subsection (a) of
this Section or any other provisions of this |
Section or of any other law, a
school district that meets all |
of the criteria set forth in paragraphs (i)
through (vi) of |
this subsection (n) may incur additional indebtedness by the
|
issuance of bonds in an amount not exceeding the amount |
certified by the
Capital Development Board to the school |
district as provided in paragraph (iii)
of
this subsection (n), |
even though the amount of the additional indebtedness so
|
authorized, when incurred and added to the aggregate amount of |
indebtedness of
the district existing immediately prior to the |
district incurring the
additional indebtedness authorized by |
this subsection (n), causes the aggregate
indebtedness of the |
district to exceed the debt limitation otherwise applicable
by |
law to that district:
|
(i) The school district applies to the State Board of |
Education for a
school construction project grant and |
submits a district facilities plan in
support
of its |
application pursuant to Section 5-20 of
the School |
Construction Law.
|
(ii) The school district's application and facilities |
plan are approved
by,
and the district receives a grant |
entitlement for a school construction project
issued by, |
the State Board of Education under the School Construction |
Law.
|
(iii) The school district has exhausted its bonding |
capacity or the unused
bonding capacity of the district is |
|
less than the amount certified by the
Capital Development |
Board to the district under Section 5-15 of the School
|
Construction Law as the dollar amount of the school |
construction project's cost
that the district will be |
required to finance with non-grant funds in order to
|
receive a school construction project grant under the |
School Construction Law.
|
(iv) The bonds are issued for a "school construction |
project", as that
term is defined in Section 5-5 of the |
School Construction Law, in an amount
that does not exceed |
the dollar amount certified, as provided in paragraph
(iii) |
of this subsection (n), by the Capital Development Board
to |
the school
district under Section 5-15 of the School |
Construction Law.
|
(v) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
the criteria specified in paragraphs (i)
and (iii) of this |
subsection (n) are met.
|
(vi) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of the
School Code.
|
(o) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until November 1, 2007, a |
community unit
school district maintaining grades K through 12 |
may issue bonds up to
an amount, including existing |
indebtedness, not exceeding 20% of the
equalized assessed value |
of the taxable property in the district if all of the
following |
|
conditions are met:
|
(i) the school district has an equalized assessed |
valuation
for calendar year 2001 of at least $737,000,000 |
and an enrollment
for the 2002-2003 school year of at least |
8,500;
|
(ii) the bonds are issued to purchase school sites, |
build and
equip a new high school, build and equip a new |
junior high school,
build and equip 5 new elementary |
schools, and make technology
and other improvements and |
additions to existing schools;
|
(iii) at the time of the sale of the bonds, the board |
of
education determines by resolution that the sites and |
new or
improved facilities are needed because of projected |
enrollment
increases;
|
(iv) at least 57% of those voting in a general election |
held
prior to January 1, 2003 approved a proposition for |
the issuance of
the bonds; and
|
(v) the bonds are issued pursuant to Sections 19-2 |
through
19-7 of this Code.
|
(p) Notwithstanding any other provisions of this Section or |
the provisions of any other law, a community unit school |
district maintaining grades K through 12 may issue bonds up to |
an amount, including indebtedness, not exceeding 27% of the |
equalized assessed value of the taxable property in the |
district if all of the following conditions are met: |
(i) The school district has an equalized assessed |
|
valuation for calendar year 2001 of at least $295,741,187 |
and a best 3 months' average daily attendance for the |
2002-2003 school year of at least 2,394. |
(ii) The bonds are issued to build and equip 3 |
elementary school buildings; build and equip one middle |
school building; and alter, repair, improve, and equip all |
existing school buildings in the district. |
(iii) At the time of the sale of the bonds, the board |
of education determines by resolution that the project is |
needed because of expanding growth in the school district |
and a projected enrollment increase. |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code.
|
(p-5) Notwithstanding any other provisions of this Section |
or the provisions of any other law, bonds issued by a community |
unit school district maintaining grades K through 12 shall not |
be considered indebtedness for purposes of any statutory |
limitation and may be issued in an amount or amounts, including |
existing indebtedness, in excess of any heretofore or hereafter |
imposed statutory limitation as to indebtedness, if all of the |
following conditions are met: |
(i) For each of the 4 most recent years, residential |
property comprises more than 80% of the equalized assessed |
valuation of the district. |
(ii) At least 2 school buildings that were constructed |
40 or more years prior to the issuance of the bonds will be |
|
demolished and will be replaced by new buildings or |
additions to one or more existing buildings. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the new buildings or |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 25% of the equalized |
assessed value of the taxable property in the district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
|
(p-10) Notwithstanding any other provisions of this |
Section or the provisions of any other law, bonds issued by a |
community consolidated school district maintaining grades K |
through 8 shall not be considered indebtedness for purposes of |
any statutory limitation and may be issued in an amount or |
amounts, including existing indebtedness, in excess of any |
heretofore or hereafter imposed statutory limitation as to |
indebtedness, if all of the following conditions are met: |
(i) For each of the 4 most recent years, residential |
and farm property comprises more than 80% of the equalized |
assessed valuation of the district. |
(ii) The bond proceeds are to be used to acquire and |
|
improve school sites and build and equip a school building. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the school sites and |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 20% of the equalized |
assessed value of the taxable property in the district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
|
(p-15) In addition to all other authority to issue bonds, |
the Oswego Community Unit School District Number 308 may issue |
bonds with an aggregate principal amount not to exceed |
$450,000,000, but only if all of the following conditions are |
met: |
(i) The voters of the district have approved a |
proposition for the bond issue at the general election held |
on November 7, 2006. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and |
equipping of the new high school building, new junior high |
school buildings, new elementary school buildings, early |
childhood building, maintenance building, transportation |
|
facility, and additions to existing school buildings, the |
altering, repairing, equipping, and provision of |
technology improvements to existing school buildings, and |
the acquisition and improvement of school sites, as the |
case may be, are required as a result of a projected |
increase in the enrollment of students in the district; and |
(B) the sale of bonds for these purposes is authorized by |
legislation that exempts the debt incurred on the bonds |
from the district's statutory debt limitation.
|
(iii) The bonds are issued, in one or more bond issues, |
on or before November 7, 2011, but the aggregate principal |
amount issued in all such bond issues combined must not |
exceed $450,000,000.
|
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used only to |
accomplish those projects approved by the voters at the |
general election held on November 7, 2006. |
The debt incurred on any bonds issued under this subsection |
(p-15) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-20) In addition to all other authority to issue bonds, |
the Lincoln-Way Community High School District Number 210 may |
issue bonds with an aggregate principal amount not to exceed |
$225,000,000, but only if all of the following conditions are |
met: |
|
(i) The voters of the district have approved a |
proposition for the bond issue at the general primary |
election held on March 21, 2006. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and |
equipping of the new high school buildings, the altering, |
repairing, and equipping of existing school buildings, and |
the improvement of school sites, as the case may be, are |
required as a result of a projected increase in the |
enrollment of students in the district; and (B) the sale of |
bonds for these purposes is authorized by legislation that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation.
|
(iii) The bonds are issued, in one or more bond issues, |
on or before March 21, 2011, but the aggregate principal |
amount issued in all such bond issues combined must not |
exceed $225,000,000.
|
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used only to |
accomplish those projects approved by the voters at the |
primary election held on March 21, 2006. |
The debt incurred on any bonds issued under this subsection |
(p-20) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-25) In addition to all other authority to issue bonds, |
|
Rochester Community Unit School District 3A may issue bonds |
with an aggregate principal amount not to exceed $18,500,000, |
but only if all of the following conditions are met: |
(i) The voters of the district approve a proposition |
for the bond issuance at the general primary election held |
in 2008.
|
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and |
equipping of a new high school building; the addition of |
classrooms and support facilities at the high school, |
middle school, and elementary school; the altering, |
repairing, and equipping of existing school buildings; and |
the improvement of school sites, as the case may be, are |
required as a result of a projected increase in the |
enrollment of students in the district; and (B) the sale of |
bonds for these purposes is authorized by a law that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(iii) The bonds are issued, in one or more bond issues, |
on or before December 31, 2012, but the aggregate principal |
amount issued in all such bond issues combined must not |
exceed $18,500,000. |
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the primary |
|
election held in 2008.
|
The debt incurred on any bonds issued under this subsection |
(p-25) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-30) In addition to all other authority to issue bonds, |
Prairie Grove Consolidated School District 46 may issue bonds |
with an aggregate principal amount not to exceed $30,000,000, |
but only if all of the following conditions are met:
|
(i) The voters of the district approve a proposition |
for the bond issuance at an election held in 2008.
|
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that (A) the building and |
equipping of a new school building and additions to |
existing school buildings are required as a result of a |
projected increase in the enrollment of students in the |
district and (B) the altering, repairing, and equipping of |
existing school buildings are required because of the age |
of the existing school buildings.
|
(iii) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2012; however, the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $30,000,000.
|
(iv) The bonds are issued in accordance with this |
Article.
|
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
|
held in 2008.
|
The debt incurred on any bonds issued under this subsection |
(p-30) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-35) In addition to all other authority to issue bonds, |
Prairie Hill Community Consolidated School District 133 may |
issue bonds with an aggregate principal amount not to exceed |
$13,900,000, but only if all of the following conditions are |
met:
|
(i) The voters of the district approved a proposition |
for the bond issuance at an election held on April 17, |
2007.
|
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that (A) the improvement |
of the site of and the building and equipping of a school |
building are required as a result of a projected increase |
in the enrollment of students in the district and (B) the |
repairing and equipping of the Prairie Hill Elementary |
School building is required because of the age of that |
school building.
|
(iii) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $13,900,000.
|
(iv) The bonds are issued in accordance with this |
Article.
|
|
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on April 17, 2007.
|
The debt incurred on any bonds issued under this subsection |
(p-35) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-40) In addition to all other authority to issue bonds, |
Mascoutah Community Unit District 19 may issue bonds with an |
aggregate principal amount not to exceed $55,000,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at a regular election held on or |
after November 4, 2008. |
(2) At the time of the sale of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new high school building is required as a |
result of a projected increase in the enrollment of |
students in the district and the age and condition of the |
existing high school building, (ii) the existing high |
school building will be demolished, and (iii) the sale of |
bonds is authorized by statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond |
|
issuances combined must not exceed $55,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at a regular |
election held on or after November 4, 2008. |
The debt incurred on any bonds issued under this subsection |
(p-40) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-45) Notwithstanding the provisions of subsection (a) of |
this Section or of any other law, bonds issued pursuant to |
Section 19-3.5 of this Code shall not be considered |
indebtedness for purposes of any statutory limitation if the |
bonds are issued in an amount or amounts, including existing |
indebtedness of the school district, not in excess of 18.5% of |
the value of the taxable property in the district to be |
ascertained by the last assessment for State and county taxes. |
(p-50) Notwithstanding the provisions of subsection (a) of
|
this Section or of any other law, bonds issued pursuant to
|
Section 19-3.10 of this Code shall not be considered
|
indebtedness for purposes of any statutory limitation if the
|
bonds are issued in an amount or amounts, including existing
|
indebtedness of the school district, not in excess of 43% of
|
the value of the taxable property in the district to be
|
ascertained by the last assessment for State and county taxes. |
(p-55) In addition to all other authority to issue bonds, |
|
Belle Valley School District 119 may issue bonds with an |
aggregate principal amount not to exceed $47,500,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
7, 2009. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of mine subsidence in an existing school building and |
because of the age and condition of another existing school |
building and (ii) the issuance of bonds is authorized by |
statute that exempts the debt incurred on the bonds from |
the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $47,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after April 7, 2009. |
The debt incurred on any bonds issued under this subsection |
(p-55) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
|
(p-55) must mature within not to exceed 30 years from their |
date, notwithstanding any other law to the contrary. |
(p-60) In addition to all other authority to issue bonds, |
Wilmington Community Unit School District Number 209-U may |
issue bonds with an aggregate principal amount not to exceed |
$2,285,000, but only if all of the following conditions are |
met: |
(1) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on March 21, 2006. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the projects |
approved by the voters were and are required because of the |
age and condition of the school district's prior and |
existing school buildings and (ii) the issuance of the |
bonds is authorized by legislation that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued in one or more bond issuances |
on or before March 1, 2011, but the aggregate principal |
amount issued in all those bond issuances combined must not |
exceed $2,285,000. |
(4) The bonds are issued in accordance with this |
Article. |
The debt incurred on any bonds issued under this subsection |
(p-60) shall not be considered indebtedness for purposes of any |
|
statutory debt limitation. |
(p-65) In addition to all other authority to issue bonds, |
West Washington County Community Unit School District 10 may |
issue bonds with an aggregate principal amount not to exceed |
$32,200,000 and maturing over a period not exceeding 25 years, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
February 2, 2010. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (A) all or a portion |
of the existing Okawville Junior/Senior High School |
Building will be demolished; (B) the building and equipping |
of a new school building to be attached to and the |
alteration, repair, and equipping of the remaining portion |
of the Okawville Junior/Senior High School Building is |
required because of the age and current condition of that |
school building; and (C) the issuance of bonds is |
authorized by a statute that exempts the debt incurred on |
the bonds from the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $32,200,000. |
(4) The bonds are issued in accordance with this |
Article. |
|
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after February 2, 2010. |
The debt incurred on any bonds issued under this subsection |
(p-65) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-70) In addition to all other authority to issue bonds, |
Cahokia Community Unit School District 187 may issue bonds with |
an aggregate principal amount not to exceed $50,000,000, but |
only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 2, 2010. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building and |
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2016, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$50,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
|
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 2, 2010. |
The debt incurred on any bonds issued under this subsection |
(p-70) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
(p-70) must mature within not to exceed 25 years from their |
date, notwithstanding any other law, including Section 19-3 of |
this Code, to the contrary. |
(p-75) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section
or any other provisions of this |
Section or of any other law, the execution of leases on or
|
after January 1, 2007 and before July 1, 2011 by the Board of |
Education of Peoria School District 150 with a public building |
commission for leases entered into pursuant to the Public
|
Building Commission Act shall not be considered indebtedness |
for purposes of any
statutory debt limitation. |
This subsection (p-75) applies only if the State Board of |
Education or the Capital Development Board makes one or more |
grants to Peoria School District 150 pursuant to the School |
Construction Law. The amount exempted from the debt limitation |
as prescribed in this subsection (p-75) shall be no greater |
than the amount of one or more grants awarded to Peoria School |
District 150 by the State Board of Education or the Capital |
Development Board. |
(p-80) In addition to all other authority to issue bonds, |
|
Ridgeland School District 122 may issue bonds with an aggregate |
principal amount not to exceed $50,000,000 for the purpose of |
refunding or continuing to refund bonds originally issued |
pursuant to voter approval at the general election held on |
November 7, 2000, and the debt incurred on any bonds issued |
under this subsection (p-80) shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-80) may be issued in one |
or more issuances and must mature within not to exceed 25 years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the contrary. |
(p-85) In addition to all other authority to issue bonds, |
Hall High School District 502 may issue bonds with an aggregate |
principal amount not to exceed $32,000,000, but only if all the |
following conditions are met: |
(1) The voters of the district approve a proposition
|
for the bond issuance at an election held on or after April |
9, 2013. |
(2) Prior to the issuance of the bonds, the school
|
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building, |
(ii) the existing school building should be demolished in |
its entirety or the existing school building should be |
demolished except for the 1914 west wing of the building, |
and (iii) the issuance of bonds is authorized by a statute |
|
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, not |
later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $32,000,000. |
(4) The bonds are issued in accordance with this
|
Article. |
(5) The proceeds of the bonds are used to accomplish
|
only those projects approved by the voters at an election |
held on or after April 9, 2013. |
The debt incurred on any bonds issued under this subsection |
(p-85) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
(p-85) must mature within not to exceed 30 years from their |
date, notwithstanding any other law, including Section 19-3 of |
this Code, to the contrary. |
(p-90) In addition to all other authority to issue bonds, |
Lebanon Community Unit School District 9 may issue bonds with |
an aggregate principal amount not to exceed $7,500,000, but |
only if all of the following conditions are met: |
(1) The voters of the district approved a proposition |
for the bond issuance at the general primary election on |
February 2, 2010. |
(2) At or prior to the time of the sale of the bonds, |
|
the school board determines, by resolution, that (i) the |
building and equipping of a new elementary school building |
is required as a result of a projected increase in the |
enrollment of students in the district and the age and |
condition of the existing Lebanon Elementary School |
building, (ii) a portion of the existing Lebanon Elementary |
School building will be demolished and the remaining |
portion will be altered, repaired, and equipped, and (iii) |
the sale of bonds is authorized by a statute that exempts |
the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before April 1, 2014, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $7,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on February 2, 2010. |
The debt incurred on any bonds issued under this subsection |
(p-90) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-95) In addition to all other authority to issue bonds, |
Monticello Community Unit School District 25 may issue bonds |
with an aggregate principal amount not to exceed $35,000,000, |
|
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 4, 2014. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building and |
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$35,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this subsection |
(p-95) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
(p-95) must mature within not to exceed 25 years from their |
date, notwithstanding any other law, including Section 19-3 of |
this Code, to the contrary. |
|
(p-100) (p-95) In addition to all other authority to issue |
bonds, the community unit school district created in the |
territory comprising Milford Community Consolidated School |
District 280 and Milford Township High School District 233, as |
approved at the general primary election held on March 18, |
2014, may issue bonds with an aggregate principal amount not to |
exceed $17,500,000, but only if all the following conditions |
are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 4, 2014. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building and |
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$17,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
|
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this subsection |
(p-100) (p-95) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-100) (p-95) must mature within not to exceed |
25 years from their date, notwithstanding any other law, |
including Section 19-3 of this Code, to the contrary. |
(q) A school district must notify the State Board of |
Education prior to issuing any form of long-term or short-term |
debt that will result in outstanding debt that exceeds 75% of |
the debt limit specified in this Section or any other provision |
of law.
|
(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12; |
97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff. |
8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
|
(105 ILCS 5/21B-20) |
Sec. 21B-20. Types of licenses. Before July 1, 2013, the |
State Board of Education shall implement a system of educator |
licensure, whereby individuals employed in school districts |
who are required to be licensed must have one of the following |
licenses: (i) a professional educator license; (ii) a |
professional educator license with stipulations; or (iii) a |
substitute teaching license. References in law regarding |
individuals certified or certificated or required to be |
certified or certificated under Article 21 of this Code shall |
|
also include individuals licensed or required to be licensed |
under this Article. The first year of all licenses ends on June |
30 following one full year of the license being issued. |
The State Board of Education, in consultation with the |
State Educator Preparation and Licensure Board, may adopt such |
rules as may be necessary to govern the requirements for |
licenses and endorsements under this Section. |
(1) Professional Educator License. Persons who (i) |
have successfully completed an approved educator |
preparation program and are recommended for licensure by |
the Illinois institution offering the educator preparation |
program, (ii) have successfully completed the required |
testing under Section 21B-30 of this Code, (iii) have |
successfully completed coursework on the psychology of, |
the identification of, and the methods of instruction for |
the exceptional child, including without limitation |
children with learning disabilities the learning disabled , |
(iv) have successfully completed coursework in methods of |
reading and reading in the content area, and (v) have met |
all other criteria established by rule of the State Board |
of Education shall be issued a Professional Educator |
License. All Professional Educator Licenses are valid |
until June 30 immediately following 5 years of the license |
being issued. The Professional Educator License shall be |
endorsed with specific areas and grade levels in which the |
individual is eligible to practice. |
|
Individuals can receive subsequent endorsements on the |
Professional Educator License. Subsequent endorsements |
shall require a minimum of 24 semester hours of coursework |
in the endorsement area, unless otherwise specified by |
rule, and passage of the applicable content area test. |
(2) Educator License with Stipulations. An Educator |
License with Stipulations shall be issued an endorsement |
that limits the license holder to one particular position |
or does not require completion of an approved educator |
program or both. |
An individual with an Educator License with |
Stipulations must not be employed by a school district or |
any other entity to replace any presently employed teacher |
who otherwise would not be replaced for any reason. |
An Educator License with Stipulations may be issued |
with the following endorsements: |
(A) Provisional educator. A provisional educator |
endorsement in a specific content area or areas on an |
Educator License with Stipulations may be issued to an |
applicant who holds an educator license with a minimum |
of 15 semester hours in content coursework from another |
state, U.S. territory, or foreign country and who, at |
the time of applying for an Illinois license, does not |
meet the minimum requirements under Section 21B-35 of |
this Code, but does, at a minimum, meet both of the |
following requirements: |
|
(i) Holds the equivalent of a minimum of a |
bachelor's degree, unless a master's degree is |
required for the endorsement, from a regionally |
accredited college or university or, for |
individuals educated in a country other than the |
United States, the equivalent of a minimum of a |
bachelor's degree issued in the United States, |
unless a master's degree is required for the |
endorsement. |
(ii) Has passed a test of basic skills and |
content area test, as required by Section 21B-30 of |
this Code. |
However, a provisional educator endorsement for |
principals may not be issued, nor may any person with a |
provisional educator endorsement serve as a principal |
in a public school in this State. In addition, |
out-of-state applicants shall not receive a |
provisional educator endorsement if the person |
completed an alternative licensure program in another |
state, unless the program has been determined to be |
equivalent to Illinois program requirements. |
Notwithstanding any other requirements of this |
Section, a service member or spouse of a service member |
may obtain a Professional Educator License with |
Stipulations, and a provisional educator endorsement |
in a specific content area or areas, if he or she holds |
|
a valid teaching certificate or license in good |
standing from another state, meets the qualifications |
of educators outlined in Section 21B-15 of this Code, |
and has not engaged in any misconduct that would |
prohibit an individual from obtaining a license |
pursuant to Illinois law, including without limitation |
any administrative rules of the State Board of |
Education; however, the service member or spouse may |
not serve as a principal under the Professional |
Educator License with Stipulations or provisional |
educator endorsement. |
In this Section, "service member" means any person |
who, at the time of application under this Section, is |
an active duty member of the United States Armed Forces |
or any reserve component of the United States Armed |
Forces or the National Guard of any state, |
commonwealth, or territory of the United States or the |
District of Columbia. |
A provisional educator endorsement is valid until |
June 30 immediately following 2 years of the license |
being issued, during which time any remaining testing |
and coursework deficiencies must be met. Failure to |
satisfy all stated deficiencies shall mean the |
individual, including any service member or spouse who |
has obtained a Professional Educator License with |
Stipulations and a provisional educator endorsement in |
|
a specific content area or areas, is ineligible to |
receive a Professional Educator License at that time. A |
provisional educator endorsement on an Educator |
License with Stipulations shall not be renewed. |
(B) Alternative provisional educator. An |
alternative provisional educator endorsement on an |
Educator License with Stipulations may be issued to an |
applicant who, at the time of applying for the |
endorsement, has done all of the following: |
(i) Graduated from a regionally accredited |
college or university with a minimum of a |
bachelor's degree. |
(ii) Successfully completed the first phase of |
the Alternative Educator Licensure Program for |
Teachers, as described in Section 21B-50 of this |
Code. |
(iii) Passed a test of basic skills and content |
area test, as required under Section 21B-30 of this |
Code. |
The alternative provisional educator endorsement |
is valid for 2 years of teaching and may be renewed for |
a third year by an individual meeting the requirements |
set forth in Section 21B-50 of this Code. |
(C) Alternative provisional superintendent. An |
alternative provisional superintendent endorsement on |
an Educator License with Stipulations entitles the |
|
holder to serve only as a superintendent or assistant |
superintendent in a school district's central office. |
This endorsement may only be issued to an applicant |
who, at the time of applying for the endorsement, has |
done all of the following: |
(i) Graduated from a regionally accredited |
college or university with a minimum of a master's |
degree in a management field other than education. |
(ii) Been employed for a period of at least 5 |
years in a management level position in a field |
other than education. |
(iii) Successfully completed the first phase |
of an alternative route to superintendent |
endorsement program, as provided in Section 21B-55 |
of this Code. |
(iv) Passed a test of basic skills and content |
area tests required under Section 21B-30 of this |
Code. |
The endorsement may be registered for 2 fiscal |
years in order to complete one full year of serving as |
a superintendent or assistant superintendent. |
(D) Resident teacher endorsement. A resident |
teacher endorsement on an Educator License with |
Stipulations may be issued to an applicant who, at the |
time of applying for the endorsement, has done all of |
the following: |
|
(i) Graduated from a regionally accredited |
institution of higher education with a minimum of a |
bachelor's degree. |
(ii) Enrolled in an approved Illinois educator |
preparation program. |
(iii) Passed a test of basic skills and content |
area test, as required under Section 21B-30 of this |
Code. |
The resident teacher endorsement on an Educator |
License with Stipulations is valid for 4 years of |
teaching and shall not be renewed. |
A resident teacher may teach only under the |
direction of a licensed teacher, who shall act as the |
resident mentor teacher, and may not teach in place of |
a licensed teacher.
A resident teacher endorsement on |
an Educator License with Stipulations shall no longer |
be valid after June 30, 2017. |
(E) Career and technical educator. A career and |
technical educator endorsement on an Educator License |
with Stipulations may be issued to an applicant who has |
a minimum of 60 semester hours of coursework from a |
regionally accredited institution of higher education |
and has a minimum of 2,000 hours of experience in the |
last 10 years outside of education in each area to be |
taught. |
The career and technical educator endorsement on |
|
an Educator License with Stipulations is valid until |
June 30 immediately following 5 years of the |
endorsement being issued and may be renewed if the |
individual passes a test of basic skills, as required |
under Section 21B-30 of this Code. |
(F) Part-time provisional career and technical |
educator or provisional career and technical educator. |
A part-time provisional career and technical educator |
endorsement or a provisional career and technical |
educator endorsement on an Educator License with |
Stipulations may be issued to an applicant who has a |
minimum of 8,000 hours of work experience in the skill |
for which the applicant is seeking the endorsement. It |
is the responsibility of each employing school board |
and regional office of education to provide |
verification, in writing, to the State Superintendent |
of Education at the time the application is submitted |
that no qualified teacher holding a Professional |
Educator License or an Educator License with |
Stipulations with a career and technical educator |
endorsement is available and that actual circumstances |
require such issuance. |
The provisional career and technical educator |
endorsement on an Educator License with Stipulations |
is valid until June 30 immediately following 5 years of |
the endorsement being issued and may be renewed only |
|
one time for 5 years if the individual passes a test of |
basic skills, as required under Section 21B-30 of this |
Code, and has completed a minimum of 20 semester hours |
from a regionally accredited institution. |
A part-time provisional career and technical |
educator endorsement on an Educator License with |
Stipulations may be issued for teaching no more than 2 |
courses of study for grades 6 through 12. The part-time |
provisional career and technical educator endorsement |
on an Educator License with Stipulations is valid until |
June 30 immediately following 5 years of the |
endorsement being issued and may be renewed for 5 years |
if the individual makes application for renewal. |
(G) Transitional bilingual educator. A |
transitional bilingual educator endorsement on an |
Educator License with Stipulations may be issued for |
the purpose of providing instruction in accordance |
with Article 14C of this Code to an applicant who |
provides satisfactory evidence that he or she meets all |
of the following requirements: |
(i) Possesses adequate speaking, reading, and |
writing ability in the language other than English |
in which transitional bilingual education is |
offered. |
(ii) Has the ability to successfully |
communicate in English. |
|
(iii) Either possessed, within 5 years |
previous to his or her applying for a transitional |
bilingual educator endorsement, a valid and |
comparable teaching certificate or comparable |
authorization issued by a foreign country or holds |
a degree from an institution of higher learning in |
a foreign country that the State Educator |
Preparation and Licensure Board determines to be |
the equivalent of a bachelor's degree from a |
regionally accredited institution of higher |
learning in the United States. |
A transitional bilingual educator endorsement |
shall be valid for prekindergarten through grade 12, is |
valid until June 30 immediately following 5 years of |
the endorsement being issued, and shall not be renewed. |
Persons holding a transitional bilingual educator |
endorsement shall not be employed to replace any |
presently employed teacher who otherwise would not be |
replaced for any reason. |
(H) Language endorsement. In an effort to |
alleviate the shortage of teachers speaking a language |
other than English in the public schools, an individual |
who holds an Educator License with Stipulations may |
also apply for a language endorsement, provided that |
the applicant provides satisfactory evidence that he |
or she meets all of the following requirements: |
|
(i) Holds a transitional bilingual |
endorsement. |
(ii) Has demonstrated proficiency in the |
language for which the endorsement is to be issued |
by passing the applicable language content test |
required by the State Board of Education. |
(iii) Holds a bachelor's degree or higher from |
a regionally accredited institution of higher |
education or, for individuals educated in a |
country other than the United States, holds a |
degree from an institution of higher learning in a |
foreign country that the State Educator |
Preparation and Licensure Board determines to be |
the equivalent of a bachelor's degree from a |
regionally accredited institution of higher |
learning in the United States. |
(iv) Has passed a test of basic skills, as |
required under Section 21B-30 of this Code. |
A language endorsement on an Educator License with |
Stipulations is valid for prekindergarten through |
grade 12 for the same validity period as the |
individual's transitional bilingual educator |
endorsement on the Educator License with Stipulations |
and shall not be renewed. |
(I) Visiting international educator. A visiting |
international educator endorsement on an Educator |
|
License with Stipulations may be issued to an |
individual who is being recruited by a particular |
school district that conducts formal recruitment |
programs outside of the United States to secure the |
services of qualified teachers and who meets all of the |
following requirements: |
(i) Holds the equivalent of a minimum of a |
bachelor's degree issued in the United States. |
(ii) Has been prepared as a teacher at the |
grade level for which he or she will be employed. |
(iii) Has adequate content knowledge in the |
subject to be taught. |
(iv) Has an adequate command of the English |
language. |
A holder of a visiting international educator |
endorsement on an Educator License with Stipulations |
shall be permitted to teach in bilingual education |
programs in the language that was the medium of |
instruction in his or her teacher preparation program, |
provided that he or she passes the English Language |
Proficiency Examination or another test of writing |
skills in English identified by the State Board of |
Education, in consultation with the State Educator |
Preparation and Licensure Board. |
A visiting international educator endorsement on |
an Educator License with Stipulations is valid for 3 |
|
years and shall not be renewed. |
(J) Paraprofessional educator. A paraprofessional |
educator endorsement on an Educator License with |
Stipulations may be issued to an applicant who holds a |
high school diploma or its recognized equivalent and |
either holds an associate's degree or a minimum of 60 |
semester hours of credit from a regionally accredited |
institution of higher education or has passed a test of |
basic skills required under Section 21B-30 of this |
Code. The paraprofessional educator endorsement is |
valid until June 30 immediately following 5 years of |
the endorsement being issued and may be renewed through |
application and payment of the appropriate fee, as |
required under Section 21B-40 of this Code. An |
individual who holds only a paraprofessional educator |
endorsement is not subject to additional requirements |
in order to renew the endorsement. |
(3) Substitute Teaching License. A Substitute Teaching |
License may be issued to qualified applicants for |
substitute teaching in all grades of the public schools, |
prekindergarten through grade 12. Substitute Teaching |
Licenses are not eligible for endorsements. Applicants for |
a Substitute Teaching License must hold a bachelor's degree |
or higher from a regionally accredited institution of |
higher education. |
Substitute Teaching Licenses are valid for 5 years and |
|
may be renewed if the individual has passed a test of basic |
skills, as authorized under Section 21B-30 of this Code. An |
individual who has passed a test of basic skills for the |
first licensure renewal is not required to retake the test |
again for further renewals. |
Substitute Teaching Licenses are valid for substitute |
teaching in every county of this State. If an individual |
has had his or her Professional Educator License or |
Educator License with Stipulations suspended or revoked or |
has not met the renewal requirements for licensure, then |
that individual is not eligible to obtain a Substitute |
Teaching License. |
A substitute teacher may only teach in the place of a |
licensed teacher who is under contract with the employing |
board. If, however, there is no licensed teacher under |
contract because of an emergency situation, then a district |
may employ a substitute teacher for no longer than 30 |
calendar days per each vacant position in the district if |
the district notifies the appropriate regional office of |
education within 5 business days after the employment of |
the substitute teacher in the emergency situation. An |
emergency situation is one in which an unforeseen vacancy |
has occurred and (i) a teacher is unable to fulfill his or |
her contractual duties or (ii) teacher capacity needs of |
the district exceed previous indications, and the district |
is actively engaged in advertising to hire a fully licensed |
|
teacher for the vacant position. |
There is no limit on the number of days that a |
substitute teacher may teach in a single school district, |
provided that no substitute teacher may teach for longer |
than 90 school days for any one licensed teacher under |
contract in the same school year. A substitute teacher who |
holds a Professional Educator License or Educator License |
with Stipulations shall not teach for more than 120 school |
days for any one licensed teacher under contract in the |
same school year. The limitations in this paragraph (3) on |
the number of days a substitute teacher may be employed do |
not apply to any school district operating under Article 34 |
of this Code.
|
(Source: P.A. 97-607, eff. 8-26-11; 97-710, eff. 1-1-13; 98-28, |
eff. 7-1-13; 98-751, eff. 1-1-15 .)
|
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
|
Sec. 30-14.2. MIA/POW scholarships.
|
(a) Any spouse, natural child, legally adopted child, or |
any
step-child of an eligible veteran or serviceperson who |
possesses all necessary
entrance requirements shall, upon |
application and proper proof, be awarded
a MIA/POW Scholarship |
consisting of the equivalent of 4 calendar years of
full-time |
enrollment including summer terms, to the state supported
|
Illinois institution of higher learning of his choice, subject |
to the
restrictions listed below.
|
|
"Eligible veteran or serviceperson" means any veteran or |
serviceperson, including an Illinois National Guard member who |
is on active duty or is active on a training assignment,
who |
has been declared by the U.S. Department of Defense or the
U.S. |
Department of Veterans' Affairs to be a prisoner of war, be |
missing
in action, have died as the result of a |
service-connected disability or have become a person with a |
permanent disability be
permanently disabled from |
service-connected causes with 100% disability and
who (i) at |
the time of entering service was an Illinois resident, (ii) was |
an
Illinois resident within 6 months after entering such |
service, or (iii) until July 1, 2014, became an Illinois |
resident within 6 months after leaving the service and can |
establish at least 30 years of continuous residency in the |
State of Illinois.
|
Full-time enrollment means 12 or more semester hours of |
courses per semester,
or 12 or more quarter hours of courses |
per quarter, or the equivalent thereof
per term. Scholarships |
utilized by dependents enrolled in less than full-time
study |
shall be computed in the proportion which the number of hours |
so carried
bears to full-time enrollment.
|
Scholarships awarded under this Section may be used by a |
spouse or child
without regard to his or her age. The holder of |
a Scholarship
awarded under this Section shall be subject to |
all examinations and academic
standards, including the |
maintenance of minimum grade levels, that are
applicable |
|
generally to other enrolled students at the Illinois |
institution of
higher learning where the Scholarship is being |
used.
If the surviving spouse
remarries or if there is a |
divorce between the veteran or serviceperson and
his or her |
spouse while the dependent is pursuing his or her course of
|
study, Scholarship benefits will be terminated at the end of |
the term for
which he or she is presently enrolled. Such |
dependents shall also be
entitled, upon proper proof and |
application, to enroll in any extension
course offered by a |
State supported Illinois institution of higher learning
|
without payment of tuition and approved fees.
|
The holder of a MIA/POW Scholarship authorized under this |
Section shall
not be required to pay any matriculation or |
application fees, tuition,
activities fees, graduation fees or |
other fees, except multipurpose
building fees or similar fees |
for supplies and materials.
|
Any dependent who has been or shall be awarded a MIA/POW |
Scholarship shall
be reimbursed by the appropriate institution |
of higher learning for any
fees which he or she has paid and |
for which exemption is granted under this
Section if |
application for reimbursement is made within 2 months following
|
the end of the school term for which the fees were paid.
|
(b) In lieu of the benefit provided in subsection (a), any |
spouse,
natural child, legally adopted child, or step-child of |
an eligible veteran
or serviceperson, which spouse or child has |
a physical, mental or
developmental disability, shall be |
|
entitled to receive, upon application and
proper proof, a |
benefit to be used for the purpose of defraying the cost of
the |
attendance or treatment of such spouse or child at one or more
|
appropriate therapeutic, rehabilitative or educational |
facilities. The
application and proof may be made by the parent |
or legal guardian of the
spouse or child on his or her behalf.
|
The total benefit provided to any beneficiary under this |
subsection shall
not exceed the cost equivalent of 4 calendar |
years of full-time enrollment,
including summer terms, at the |
University of Illinois. Whenever
practicable in the opinion of |
the Department of Veterans' Affairs, payment
of benefits under |
this subsection shall be made directly to the facility,
the |
cost of attendance or treatment at which is being defrayed, as |
such
costs accrue.
|
(c) The benefits of this Section shall be administered by |
and paid for out
of funds made available to the Illinois |
Department of Veterans' Affairs.
The amounts that become due to |
any state supported Illinois institution of
higher learning |
shall be payable by the Comptroller to such institution on
|
vouchers approved by the Illinois Department of Veterans' |
Affairs. The
amounts that become due under subsection (b) of |
this Section shall be
payable by warrant upon vouchers issued |
by the Illinois Department of
Veterans' Affairs and approved by |
the Comptroller. The Illinois Department
of Veterans' Affairs |
shall determine the eligibility of the persons
who make |
application for the benefits provided for in this Section.
|
|
(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
|
(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
|
Sec. 34-2.4. School improvement plan. A 3 year local school
|
improvement plan shall be developed and implemented at each |
attendance center.
This plan shall reflect the overriding |
purpose of the attendance center to
improve educational |
quality. The local school principal shall develop a
school |
improvement plan in consultation with the local school council, |
all
categories of school staff, parents and community |
residents. Once the plan
is developed, reviewed by the |
professional personnel leadership committee,
and approved by |
the local school council, the
principal shall be responsible |
for directing implementation of the plan,
and the local school |
council shall monitor its implementation. After the
|
termination of the initial 3 year plan, a new 3 year plan shall |
be
developed and modified as appropriate on an annual basis.
|
The school improvement plan shall be designed to achieve |
priority goals
including but not limited to:
|
(a) assuring that students show significant progress |
toward meeting and
exceeding State performance standards |
in State mandated learning areas,
including the mastery of |
higher order thinking skills in
these areas;
|
(b) assuring that students attend school regularly and |
graduate from
school at such rates that the district |
average equals or surpasses national
norms;
|
|
(c) assuring that students are adequately prepared for |
and aided in
making a successful transition to further |
education and life experience;
|
(d) assuring that students are adequately prepared for
|
and aided in making a successful transition to employment; |
and
|
(e) assuring that students are, to the maximum extent |
possible, provided
with a common learning experience that |
is of high academic quality and that
reflects high |
expectations for all students' capacities to learn.
|
With respect to these priority goals, the school |
improvement plan shall
include but not be limited to the |
following:
|
(a) an analysis of data collected in the attendance |
center and community
indicating the specific strengths and |
weaknesses of the attendance center
in light of the goals |
specified above, including data and analysis specified
by |
the State Board of Education pertaining to specific |
measurable outcomes for
student performance, the |
attendance centers, and their instructional
programs;
|
(b) a description of specific annual objectives the |
attendance center
will pursue in achieving the goals |
specified above;
|
(c) a description of the specific activities the |
attendance center will
undertake to achieve its |
objectives;
|
|
(d) an analysis of the attendance center's staffing |
pattern and material
resources, and an explanation of how |
the attendance center's planned
staffing pattern, the |
deployment of staff, and the use of material
resources |
furthers the objectives of the plan;
|
(e) a description of the key assumptions and directions |
of the school's
curriculum and the academic and |
non-academic programs of the attendance
center, and an |
explanation of how this curriculum and these programs
|
further the goals and objectives of the plan;
|
(f) a description of the steps that will be taken to |
enhance educational
opportunities for all students, |
regardless of gender, including limited
English proficient |
students, students with disabilities disabled students , |
low-income students and
minority students;
|
(g) a description of any steps which may be taken by |
the attendance
center to educate parents as to how they can |
assist children at home in
preparing their children to |
learn effectively;
|
(h) a description of the steps the attendance center |
will take to
coordinate its efforts with, and to gain the |
participation and support of,
community residents, |
business organizations, and other local institutions
and |
individuals;
|
(i) a description of any staff development program for |
all school staff
and volunteers tied to the priority goals, |
|
objectives, and activities
specified in the plan;
|
(j) a description of the steps the local school council |
will undertake
to monitor implementation of the plan on an |
ongoing basis;
|
(k) a description of the steps the attendance center |
will take to ensure
that teachers have working conditions |
that provide a professional
environment conducive to |
fulfilling their responsibilities;
|
(l) a description of the steps the attendance center |
will take to ensure
teachers the time and opportunity to |
incorporate new ideas and techniques,
both in subject |
matter and teaching skills, into their own work;
|
(m) a description of the steps the attendance center |
will take to
encourage pride and positive identification |
with the attendance center
through various athletic |
activities; and
|
(n) a description of the student need for and provision |
of services
to special populations, beyond the standard |
school programs provided for
students in grades K through |
12 and those enumerated in the categorical
programs cited |
in item d of part 4 of Section 34-2.3, including financial
|
costs of providing same and a timeline for implementing the |
necessary
services, including but not limited, when |
applicable, to ensuring the
provisions of educational |
services to all eligible children aged 4 years
for the |
1990-91 school year and thereafter, reducing class size to |
|
State
averages in grades K-3 for the 1991-92 school year |
and thereafter and in
all grades for the 1993-94 school |
year and thereafter, and providing
sufficient staff and |
facility resources for students not served in the
regular |
classroom setting.
|
Based on the analysis of data collected indicating specific |
strengths and
weaknesses of the attendance center, the school |
improvement plan may place
greater emphasis from year to year |
on particular priority goals, objectives,
and activities.
|
(Source: P.A. 93-48, eff. 7-1-03.)
|
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
|
Sec. 34-18. Powers of the board. The board shall exercise |
general
supervision and jurisdiction over the public education |
and the public
school system of the city, and, except as |
otherwise provided by this
Article, shall have power:
|
1. To make suitable provision for the establishment and |
maintenance
throughout the year or for such portion thereof |
as it may direct, not
less than 9 months, of schools of all |
grades and kinds, including normal
schools, high schools, |
night schools, schools for defectives and
delinquents, |
parental and truant schools, schools for the blind, the
|
deaf and persons with physical disabilities the physically |
disabled , schools or classes in manual training,
|
constructural and vocational teaching, domestic arts and |
physical
culture, vocation and extension schools and |
|
lecture courses, and all
other educational courses and |
facilities, including establishing,
equipping, maintaining |
and operating playgrounds and recreational
programs, when |
such programs are conducted in, adjacent to, or connected
|
with any public school under the general supervision and |
jurisdiction
of the board; provided that the calendar for |
the school term and any changes must be submitted to and |
approved by the State Board of Education before the |
calendar or changes may take effect, and provided that in |
allocating funds
from year to year for the operation of all |
attendance centers within the
district, the board shall |
ensure that supplemental general State aid funds
are |
allocated and applied in accordance with Section 18-8 or |
18-8.05. To
admit to such
schools without charge foreign |
exchange students who are participants in
an organized |
exchange student program which is authorized by the board.
|
The board shall permit all students to enroll in |
apprenticeship programs
in trade schools operated by the |
board, whether those programs are
union-sponsored or not. |
No student shall be refused admission into or
be excluded |
from any course of instruction offered in the common |
schools
by reason of that student's sex. No student shall |
be denied equal
access to physical education and |
interscholastic athletic programs
supported from school |
district funds or denied participation in
comparable |
physical education and athletic programs solely by reason |
|
of
the student's sex. Equal access to programs supported |
from school
district funds and comparable programs will be |
defined in rules
promulgated by the State Board of |
Education in
consultation with the Illinois High School |
Association.
Notwithstanding any other provision of this |
Article, neither the board
of education nor any local |
school council or other school official shall
recommend |
that children with disabilities be placed into regular |
education
classrooms unless those children with |
disabilities are provided with
supplementary services to |
assist them so that they benefit from the regular
classroom |
instruction and are included on the teacher's regular |
education
class register;
|
2. To furnish lunches to pupils, to make a reasonable |
charge
therefor, and to use school funds for the payment of |
such expenses as
the board may determine are necessary in |
conducting the school lunch
program;
|
3. To co-operate with the circuit court;
|
4. To make arrangements with the public or quasi-public |
libraries
and museums for the use of their facilities by |
teachers and pupils of
the public schools;
|
5. To employ dentists and prescribe their duties for |
the purpose of
treating the pupils in the schools, but |
accepting such treatment shall
be optional with parents or |
guardians;
|
6. To grant the use of assembly halls and classrooms |
|
when not
otherwise needed, including light, heat, and |
attendants, for free public
lectures, concerts, and other |
educational and social interests, free of
charge, under |
such provisions and control as the principal of the
|
affected attendance center may prescribe;
|
7. To apportion the pupils to the several schools; |
provided that no pupil
shall be excluded from or segregated |
in any such school on account of his
color, race, sex, or |
nationality. The board shall take into consideration
the |
prevention of segregation and the elimination of |
separation of children
in public schools because of color, |
race, sex, or nationality. Except that
children may be |
committed to or attend parental and social adjustment |
schools
established and maintained either for boys or girls |
only. All records
pertaining to the creation, alteration or |
revision of attendance areas shall
be open to the public. |
Nothing herein shall limit the board's authority to
|
establish multi-area attendance centers or other student |
assignment systems
for desegregation purposes or |
otherwise, and to apportion the pupils to the
several |
schools. Furthermore, beginning in school year 1994-95, |
pursuant
to a board plan adopted by October 1, 1993, the |
board shall offer, commencing
on a phased-in basis, the |
opportunity for families within the school
district to |
apply for enrollment of their children in any attendance |
center
within the school district which does not have |
|
selective admission
requirements approved by the board. |
The appropriate geographical area in
which such open |
enrollment may be exercised shall be determined by the
|
board of education. Such children may be admitted to any |
such attendance
center on a space available basis after all |
children residing within such
attendance center's area |
have been accommodated. If the number of
applicants from |
outside the attendance area exceed the space available,
|
then successful applicants shall be selected by lottery. |
The board of
education's open enrollment plan must include |
provisions that allow low
income students to have access to |
transportation needed to exercise school
choice. Open |
enrollment shall be in compliance with the provisions of |
the
Consent Decree and Desegregation Plan cited in Section |
34-1.01;
|
8. To approve programs and policies for providing |
transportation
services to students. Nothing herein shall |
be construed to permit or empower
the State Board of |
Education to order, mandate, or require busing or other
|
transportation of pupils for the purpose of achieving |
racial balance in any
school;
|
9. Subject to the limitations in this Article, to |
establish and
approve system-wide curriculum objectives |
and standards, including graduation
standards, which |
reflect the
multi-cultural diversity in the city and are |
consistent with State law,
provided that for all purposes |
|
of this Article courses or
proficiency in American Sign |
Language shall be deemed to constitute courses
or |
proficiency in a foreign language; and to employ principals |
and teachers,
appointed as provided in this
Article, and |
fix their compensation. The board shall prepare such |
reports
related to minimal competency testing as may be |
requested by the State
Board of Education, and in addition |
shall monitor and approve special
education and bilingual |
education programs and policies within the district to
|
assure that appropriate services are provided in |
accordance with applicable
State and federal laws to |
children requiring services and education in those
areas;
|
10. To employ non-teaching personnel or utilize |
volunteer personnel
for: (i) non-teaching duties not |
requiring instructional judgment or
evaluation of pupils, |
including library duties; and (ii) supervising study
|
halls, long distance teaching reception areas used |
incident to instructional
programs transmitted by |
electronic media such as computers, video, and audio,
|
detention and discipline areas, and school-sponsored |
extracurricular
activities. The board may further utilize |
volunteer non-certificated
personnel or employ |
non-certificated personnel to
assist in the instruction of |
pupils under the immediate supervision of a
teacher holding |
a valid certificate, directly engaged in teaching
subject |
matter or conducting activities; provided that the teacher
|
|
shall be continuously aware of the non-certificated |
persons' activities and
shall be able to control or modify |
them. The general superintendent shall
determine |
qualifications of such personnel and shall prescribe rules |
for
determining the duties and activities to be assigned to |
such personnel;
|
10.5. To utilize volunteer personnel from a regional |
School Crisis
Assistance Team (S.C.A.T.), created as part |
of the Safe to Learn Program
established pursuant to |
Section 25 of the Illinois Violence Prevention Act
of 1995, |
to provide assistance to schools in times of violence or |
other
traumatic incidents within a school community by |
providing crisis
intervention services to lessen the |
effects of emotional trauma on
individuals and the |
community; the School Crisis Assistance Team
Steering |
Committee shall determine the qualifications for |
volunteers;
|
11. To provide television studio facilities in not to |
exceed one
school building and to provide programs for |
educational purposes,
provided, however, that the board |
shall not construct, acquire, operate,
or maintain a |
television transmitter; to grant the use of its studio
|
facilities to a licensed television station located in the |
school
district; and to maintain and operate not to exceed |
one school radio
transmitting station and provide programs |
for educational purposes;
|
|
12. To offer, if deemed appropriate, outdoor education |
courses,
including field trips within the State of |
Illinois, or adjacent states,
and to use school educational |
funds for the expense of the said outdoor
educational |
programs, whether within the school district or not;
|
13. During that period of the calendar year not |
embraced within the
regular school term, to provide and |
conduct courses in subject matters
normally embraced in the |
program of the schools during the regular
school term and |
to give regular school credit for satisfactory
completion |
by the student of such courses as may be approved for |
credit
by the State Board of Education;
|
14. To insure against any loss or liability of the |
board,
the former School Board Nominating Commission, |
Local School Councils, the
Chicago Schools Academic |
Accountability Council, or the former Subdistrict
Councils |
or of any member, officer, agent or employee thereof, |
resulting
from alleged violations of civil rights arising |
from incidents occurring on
or after September 5, 1967 or |
from the wrongful or negligent act or
omission of any such |
person whether occurring within or without the school
|
premises, provided the officer, agent or employee was, at |
the time of the
alleged violation of civil rights or |
wrongful act or omission, acting
within the scope of his |
employment or under direction of the board, the
former |
School
Board Nominating Commission, the Chicago Schools |
|
Academic Accountability
Council, Local School Councils, or |
the former Subdistrict Councils;
and to provide for or |
participate in insurance plans for its officers and
|
employees, including but not limited to retirement |
annuities, medical,
surgical and hospitalization benefits |
in such types and amounts as may be
determined by the |
board; provided, however, that the board shall contract
for |
such insurance only with an insurance company authorized to |
do business
in this State. Such insurance may include |
provision for employees who rely
on treatment by prayer or |
spiritual means alone for healing, in accordance
with the |
tenets and practice of a recognized religious |
denomination;
|
15. To contract with the corporate authorities of any |
municipality
or the county board of any county, as the case |
may be, to provide for
the regulation of traffic in parking |
areas of property used for school
purposes, in such manner |
as is provided by Section 11-209 of The
Illinois Vehicle |
Code, approved September 29, 1969, as amended;
|
16. (a) To provide, on an equal basis, access to a high
|
school campus and student directory information to the
|
official recruiting representatives of the armed forces of |
Illinois and
the United States for the purposes of |
informing students of the educational
and career |
opportunities available in the military if the board has |
provided
such access to persons or groups whose purpose is |
|
to acquaint students with
educational or occupational |
opportunities available to them. The board
is not required |
to give greater notice regarding the right of access to
|
recruiting representatives than is given to other persons |
and groups. In
this paragraph 16, "directory information" |
means a high school
student's name, address, and telephone |
number.
|
(b) If a student or his or her parent or guardian |
submits a signed,
written request to the high school before |
the end of the student's sophomore
year (or if the student |
is a transfer student, by another time set by
the high |
school) that indicates that the student or his or her |
parent or
guardian does
not want the student's directory |
information to be provided to official
recruiting |
representatives under subsection (a) of this Section, the |
high
school may not provide access to the student's |
directory information to
these recruiting representatives. |
The high school shall notify its
students and their parents |
or guardians of the provisions of this
subsection (b).
|
(c) A high school may require official recruiting |
representatives of
the armed forces of Illinois and the |
United States to pay a fee for copying
and mailing a |
student's directory information in an amount that is not
|
more than the actual costs incurred by the high school.
|
(d) Information received by an official recruiting |
representative
under this Section may be used only to |
|
provide information to students
concerning educational and |
career opportunities available in the military
and may not |
be released to a person who is not involved in recruiting
|
students for the armed forces of Illinois or the United |
States;
|
17. (a) To sell or market any computer program |
developed by an employee
of the school district, provided |
that such employee developed the computer
program as a |
direct result of his or her duties with the school district
|
or through the utilization of the school district resources |
or facilities.
The employee who developed the computer |
program shall be entitled to share
in the proceeds of such |
sale or marketing of the computer program. The
distribution |
of such proceeds between the employee and the school |
district
shall be as agreed upon by the employee and the |
school district, except
that neither the employee nor the |
school district may receive more than 90%
of such proceeds. |
The negotiation for an employee who is represented by an
|
exclusive bargaining representative may be conducted by |
such bargaining
representative at the employee's request.
|
(b) For the purpose of this paragraph 17:
|
(1) "Computer" means an internally programmed, |
general purpose digital
device capable of |
automatically accepting data, processing data and |
supplying
the results of the operation.
|
(2) "Computer program" means a series of coded |
|
instructions or
statements in a form acceptable to a |
computer, which causes the computer to
process data in |
order to achieve a certain result.
|
(3) "Proceeds" means profits derived from |
marketing or sale of a product
after deducting the |
expenses of developing and marketing such product;
|
18. To delegate to the general superintendent of
|
schools, by resolution, the authority to approve contracts |
and expenditures
in amounts of $10,000 or less;
|
19. Upon the written request of an employee, to |
withhold from
the compensation of that employee any dues, |
payments or contributions
payable by such employee to any |
labor organization as defined in the
Illinois Educational |
Labor Relations Act. Under such arrangement, an
amount |
shall be withheld from each regular payroll period which is |
equal to
the pro rata share of the annual dues plus any |
payments or contributions,
and the board shall transmit |
such withholdings to the specified labor
organization |
within 10 working days from the time of the withholding;
|
19a. Upon receipt of notice from the comptroller of a |
municipality with
a population of 500,000 or more, a county |
with a population of 3,000,000 or
more, the Cook County |
Forest Preserve District, the Chicago Park District, the
|
Metropolitan Water Reclamation District, the Chicago |
Transit Authority, or
a housing authority of a municipality |
with a population of 500,000 or more
that a debt is due and |
|
owing the municipality, the county, the Cook County
Forest |
Preserve District, the Chicago Park District, the |
Metropolitan Water
Reclamation District, the Chicago |
Transit Authority, or the housing authority
by an employee |
of the Chicago Board of Education, to withhold, from the
|
compensation of that employee, the amount of the debt that |
is due and owing
and pay the amount withheld to the |
municipality, the county, the Cook County
Forest Preserve |
District, the Chicago Park District, the Metropolitan |
Water
Reclamation District, the Chicago Transit Authority, |
or the housing authority;
provided, however, that the |
amount
deducted from any one salary or wage payment shall |
not exceed 25% of the net
amount of the payment. Before the |
Board deducts any amount from any salary or
wage of an |
employee under this paragraph, the municipality, the |
county, the
Cook County Forest Preserve District, the |
Chicago Park District, the
Metropolitan Water Reclamation |
District, the Chicago Transit Authority, or the
housing |
authority shall certify that (i) the employee has been |
afforded an
opportunity for a hearing to dispute the debt |
that is due and owing the
municipality, the county, the |
Cook County Forest Preserve District, the Chicago
Park |
District, the Metropolitan Water Reclamation District, the |
Chicago Transit
Authority, or the housing authority and |
(ii) the employee has received notice
of a wage deduction |
order and has been afforded an opportunity for a hearing to
|
|
object to the order. For purposes of this paragraph, "net |
amount" means that
part of the salary or wage payment |
remaining after the deduction of any amounts
required by |
law to be deducted and "debt due and owing" means (i) a |
specified
sum of money owed to the municipality, the |
county, the Cook County Forest
Preserve District, the |
Chicago Park District, the Metropolitan Water
Reclamation |
District, the Chicago Transit Authority, or the housing |
authority
for services, work, or goods, after the period |
granted for payment has expired,
or (ii) a specified sum of |
money owed to the municipality, the county, the Cook
County |
Forest Preserve District, the Chicago Park District, the |
Metropolitan
Water Reclamation District, the Chicago |
Transit Authority, or the housing
authority pursuant to a |
court order or order of an administrative hearing
officer |
after the exhaustion of, or the failure to exhaust, |
judicial review;
|
20. The board is encouraged to employ a sufficient |
number of
certified school counselors to maintain a |
student/counselor ratio of 250 to
1 by July 1, 1990. Each |
counselor shall spend at least 75% of his work
time in |
direct contact with students and shall maintain a record of |
such time;
|
21. To make available to students vocational and career
|
counseling and to establish 5 special career counseling |
days for students
and parents. On these days |
|
representatives of local businesses and
industries shall |
be invited to the school campus and shall inform students
|
of career opportunities available to them in the various |
businesses and
industries. Special consideration shall be |
given to counseling minority
students as to career |
opportunities available to them in various fields.
For the |
purposes of this paragraph, minority student means a person |
who is any of the following:
|
(a) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South |
America, including Central America, and who maintains |
tribal affiliation or community attachment). |
(b) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam). |
(c) Black or African American (a person having origins |
in any of the black racial groups of Africa). Terms such as |
"Haitian" or "Negro" can be used in addition to "Black or |
African American". |
(d) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other Spanish |
culture or origin, regardless of race). |
(e) Native Hawaiian or Other Pacific Islander (a person |
having origins in any of the original peoples of Hawaii, |
|
Guam, Samoa, or other Pacific Islands).
|
Counseling days shall not be in lieu of regular school |
days;
|
22. To report to the State Board of Education the |
annual
student dropout rate and number of students who |
graduate from, transfer
from or otherwise leave bilingual |
programs;
|
23. Except as otherwise provided in the Abused and |
Neglected Child
Reporting Act or other applicable State or |
federal law, to permit school
officials to withhold, from |
any person, information on the whereabouts of
any child |
removed from school premises when the child has been taken |
into
protective custody as a victim of suspected child |
abuse. School officials
shall direct such person to the |
Department of Children and Family Services,
or to the local |
law enforcement agency if appropriate;
|
24. To develop a policy, based on the current state of |
existing school
facilities, projected enrollment and |
efficient utilization of available
resources, for capital |
improvement of schools and school buildings within
the |
district, addressing in that policy both the relative |
priority for
major repairs, renovations and additions to |
school facilities, and the
advisability or necessity of |
building new school facilities or closing
existing schools |
to meet current or projected demographic patterns within
|
the district;
|
|
25. To make available to the students in every high |
school attendance
center the ability to take all courses |
necessary to comply with the Board
of Higher Education's |
college entrance criteria effective in 1993;
|
26. To encourage mid-career changes into the teaching |
profession,
whereby qualified professionals become |
certified teachers, by allowing
credit for professional |
employment in related fields when determining point
of |
entry on teacher pay scale;
|
27. To provide or contract out training programs for |
administrative
personnel and principals with revised or |
expanded duties pursuant to this
Act in order to assure |
they have the knowledge and skills to perform
their duties;
|
28. To establish a fund for the prioritized special |
needs programs, and
to allocate such funds and other lump |
sum amounts to each attendance center
in a manner |
consistent with the provisions of part 4 of Section 34-2.3.
|
Nothing in this paragraph shall be construed to require any |
additional
appropriations of State funds for this purpose;
|
29. (Blank);
|
30. Notwithstanding any other provision of this Act or |
any other law to
the contrary, to contract with third |
parties for services otherwise performed
by employees, |
including those in a bargaining unit, and to layoff those
|
employees upon 14 days written notice to the affected |
employees. Those
contracts may be for a period not to |
|
exceed 5 years and may be awarded on a
system-wide basis. |
The board may not operate more than 30 contract schools, |
provided that the board may operate an additional 5 |
contract turnaround schools pursuant to item (5.5) of |
subsection (d) of Section 34-8.3 of this Code;
|
31. To promulgate rules establishing procedures |
governing the layoff or
reduction in force of employees and |
the recall of such employees, including,
but not limited |
to, criteria for such layoffs, reductions in force or |
recall
rights of such employees and the weight to be given |
to any particular
criterion. Such criteria shall take into |
account factors including, but not be
limited to, |
qualifications, certifications, experience, performance |
ratings or
evaluations, and any other factors relating to |
an employee's job performance;
|
32. To develop a policy to prevent nepotism in the |
hiring of personnel
or the selection of contractors;
|
33. To enter into a partnership agreement, as required |
by
Section 34-3.5 of this Code, and, notwithstanding any |
other
provision of law to the contrary, to promulgate |
policies, enter into
contracts, and take any other action |
necessary to accomplish the
objectives and implement the |
requirements of that agreement; and
|
34. To establish a Labor Management Council to the |
board
comprised of representatives of the board, the chief |
executive
officer, and those labor organizations that are |
|
the exclusive
representatives of employees of the board and |
to promulgate
policies and procedures for the operation of |
the Council.
|
The specifications of the powers herein granted are not to |
be
construed as exclusive but the board shall also exercise all |
other
powers that they may be requisite or proper for the |
maintenance and the
development of a public school system, not |
inconsistent with the other
provisions of this Article or |
provisions of this Code which apply to all
school districts.
|
In addition to the powers herein granted and authorized to |
be exercised
by the board, it shall be the duty of the board to |
review or to direct
independent reviews of special education |
expenditures and services.
The board shall file a report of |
such review with the General Assembly on
or before May 1, 1990.
|
(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12; |
97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
|
(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
|
Sec. 34-128.
The Board shall provide free bus |
transportation for
every child who is a child with a mental |
disability who is trainable trainable mentally disabled ,
as |
defined in Article 14,
who resides at a distance of one mile or |
more from any school to which
he is assigned for attendance and |
who the State Board of Education determines
in advance requires |
special transportation
service in order to take advantage of |
special educational facilities.
|
|
The board may levy, without regard to any other legally |
authorized
tax and in addition to such taxes, an annual tax |
upon all the taxable
property in the school district at a rate |
not to exceed .005% of the
value, as equalized or assessed by |
the Department of Revenue,
that will produce an amount not to |
exceed the annual cost of
transportation provided in accordance |
with this Section. The board
shall deduct from the cost of such |
transportation any amount reimbursed
by the State under Article |
14. Such levy is authorized in the year
following the school |
year in which the transportation costs were
incurred by the |
district.
|
(Source: P.A. 89-397, eff. 8-20-95.)
|
Section 435. The State Universities Civil Service Act is |
amended by changing Sections 36d and 36s as follows:
|
(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
|
Sec. 36d. Powers and duties of the Merit Board.
|
The Merit Board shall have the power and duty-
|
(1) To approve a classification plan prepared under its |
direction,
assigning to each class positions of substantially |
similar duties. The
Merit Board shall have power to delegate to |
its Director the duty of
assigning each position in the |
classified service to the appropriate
class in the |
classification plan approved by the Merit Board.
|
(2) To prescribe the duties of each class of positions and |
|
the
qualifications required by employment in that class.
|
(3) To prescribe the range of compensation for each class |
or to fix
a single rate of compensation for employees in a |
particular class; and
to establish other conditions of |
employment which an employer and
employee representatives have |
agreed upon as fair and equitable. The
Merit Board shall direct |
the payment of the "prevailing rate of wages"
in those |
classifications in which, on January 1, 1952, any employer is
|
paying such prevailing rate and in such other classes as the |
Merit Board
may thereafter determine. "Prevailing rate of |
wages" as used herein
shall be the wages paid generally in the |
locality in which the work is
being performed to employees |
engaged in work of a similar character.
Each employer covered |
by the University System shall be authorized to
negotiate with |
representatives of employees to determine appropriate
ranges |
or rates of compensation or other conditions of employment and
|
may recommend to the Merit Board for establishment the rates or |
ranges
or other conditions of employment which the employer and |
employee
representatives have agreed upon as fair and |
equitable. Any rates or
ranges established prior to January 1, |
1952, and hereafter, shall not be
changed except in accordance |
with the procedures herein provided.
|
(4) To recommend to the institutions and agencies specified |
in
Section 36e standards for hours of work, holidays, sick |
leave, overtime
compensation and vacation for the purpose of |
improving conditions of
employment covered therein and for the |
|
purpose of insuring conformity
with the prevailing rate |
principal.
|
(5) To prescribe standards of examination for each class, |
the
examinations to be related to the duties of such class. The |
Merit Board
shall have power to delegate to the Director and |
his staff the
preparation, conduct and grading of examinations. |
Examinations may be
written, oral, by statement of training and |
experience, in the form of
tests of knowledge, skill, capacity, |
intellect, aptitude; or, by any
other method, which in the |
judgment of the Merit Board is reasonable and
practical for any |
particular classification. Different examining
procedures may |
be determined for the examinations in different
|
classifications but all examinations in the same |
classification shall be
uniform.
|
(6) To authorize the continuous recruitment of personnel |
and to that
end, to delegate to the Director and his staff the |
power and the duty to
conduct open and continuous competitive |
examinations for all
classifications of employment.
|
(7) To cause to be established from the results of |
examinations
registers for each class of positions in the |
classified service of the
State Universities Civil Service |
System, of the persons who shall
attain the minimum mark fixed |
by the Merit Board for the examination;
and such persons shall |
take rank upon the registers as candidates in the
order of |
their relative excellence as determined by examination, |
without
reference to priority of time of examination.
|
|
(8) To provide by its rules for promotions in the |
classified
service. Vacancies shall be filled by promotion |
whenever practicable.
For the purpose of this paragraph, an |
advancement in class shall
constitute a promotion.
|
(9) To set a probationary period of employment of no less |
than 6 months
and no longer than 12 months for each class of |
positions in the classification
plan, the length of the |
probationary period for each class to be determined
by the |
Director.
|
(10) To provide by its rules for employment at regular |
rates of
compensation of persons with physical disabilities |
physically handicapped persons in positions in which the
|
disability handicap does not prevent the individual from |
furnishing satisfactory
service.
|
(11) To make and publish rules, to carry out the purpose of |
the
State Universities Civil Service System and for |
examination, appointments,
transfers and removals and for |
maintaining and keeping records of the
efficiency of officers |
and employees and groups of officers and
employees in |
accordance with the provisions of Sections 36b to 36q,
|
inclusive, and said Merit Board may from time to time make |
changes in
such rules.
|
(12) To appoint a Director and such assistants and other |
clerical
and technical help as may be necessary efficiently to |
administer
Sections 36b to 36q, inclusive. To authorize the |
Director to appoint an
assistant resident at the place of |
|
employment of each employer specified
in Section 36e and this |
assistant may be authorized to give examinations
and to certify |
names from the regional registers provided in Section
36k.
|
(13) To submit to the Governor of this state on or before |
November 1
of each year prior to the regular session of the |
General Assembly a
report of the University System's business |
and an estimate of the amount
of appropriation from state funds |
required for the purpose of
administering the University |
System.
|
(Source: P.A. 82-524.)
|
(110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
|
Sec. 36s. Supported employees.
|
(a) The Merit Board shall develop and implement a supported |
employment
program. It shall be the goal of the program to |
appoint a minimum of 10
supported employees to State University |
civil service positions before
June 30, 1992.
|
(b) The Merit Board shall designate a liaison to work with |
State
agencies and departments, any funder or provider or both, |
and State
universities in the implementation of a supported |
employment program.
|
(c) As used in this Section:
|
(1) "Supported employee" means any individual who:
|
(A) has a severe physical or mental disability |
which seriously limits
functional capacities, |
including but not limited to, mobility, communication,
|
|
self-care, self-direction, work tolerance or work |
skills, in terms of
employability as defined, |
determined and certified by the Department of
Human |
Services; and
|
(B) has one or more physical or mental disabilities |
resulting from
amputation; arthritis; blindness; |
cancer; cerebral palsy; cystic fibrosis;
deafness; |
heart disease; hemiplegia; respiratory or pulmonary |
dysfunction; an intellectual disability; mental |
illness; multiple sclerosis; muscular dystrophy;
|
musculoskeletal disorders; neurological disorders, |
including stroke and
epilepsy; paraplegia; |
quadriplegia and other spinal cord conditions; sickle
|
cell anemia; and end-stage renal disease; or another |
disability or
combination of disabilities determined |
on the basis of an evaluation of
rehabilitation |
potential to cause comparable substantial functional |
limitation.
|
(2) "Supported employment" means competitive work in
|
integrated work settings:
|
(A) for individuals with severe disabilities |
handicaps for whom competitive
employment has not |
traditionally occurred, or
|
(B) for individuals for whom competitive |
employment has been
interrupted or intermittent as a |
result of a severe disability, and who
because of their |
|
disability handicap , need on-going support services to |
perform such
work. The term includes transitional |
employment for individuals with
chronic mental |
illness.
|
(3) "Participation in a supported employee program" |
means participation
as a supported employee that is not |
based on the expectation that an
individual will have the |
skills to perform all the duties in a job class,
but on the |
assumption that with support and adaptation, or both, a job |
can
be designed to take advantage of the supported |
employee's
special strengths.
|
(4) "Funder" means any entity either State, local or |
federal, or
private not-for-profit or for-profit that |
provides monies to programs that
provide services related |
to supported employment.
|
(5) "Provider" means any entity either public or |
private that provides
technical support and services to any |
department or agency subject to the
control of the |
Governor, the Secretary of State or the University Civil
|
Service System.
|
(d) The Merit Board shall establish job classifications for |
supported
employees who may be appointed into the |
classifications without open
competitive testing requirements. |
Supported employees shall serve in a
trial employment capacity |
for not less than 3 or more than 12 months.
|
(e) The Merit Board shall maintain a record of all |
|
individuals hired as
supported employees. The record shall |
include:
|
(1) the number of supported employees initially |
appointed;
|
(2) the number of supported employees who successfully |
complete the
trial employment periods; and
|
(3) the number of permanent targeted positions by |
titles.
|
(f) The Merit Board shall submit an annual report to the |
General
Assembly regarding the employment progress of |
supported employees, with
recommendations for legislative |
action.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 440. The Board of Higher Education Act is amended |
by changing Section 9.16 as follows:
|
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
|
Sec. 9.16. Underrepresentation of certain groups in higher |
education.
To require public institutions of higher education |
to develop and implement
methods and strategies to increase the |
participation of minorities, women
and individuals with |
disabilities handicapped individuals who are traditionally |
underrepresented in
education programs and activities. For the |
purpose of this Section,
minorities shall mean persons who are |
citizens of the United States or
lawful permanent resident |
|
aliens of the United States and who are any of the following: |
(1) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South |
America, including Central America, and who maintains |
tribal affiliation or community attachment). |
(2) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam). |
(3) Black or African American (a person having origins |
in any of the black racial groups of Africa). Terms such as |
"Haitian" or "Negro" can be used in addition to "Black or |
African American". |
(4) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other Spanish |
culture or origin, regardless of race). |
(5) Native Hawaiian or Other Pacific Islander (a person |
having origins in any of the original peoples of Hawaii, |
Guam, Samoa, or other Pacific Islands).
|
The Board shall adopt any rules necessary to administer |
this Section.
The Board shall also do the following:
|
(a) require all public institutions of higher education to |
develop and
submit plans for the implementation of this |
Section;
|
(b) conduct periodic review of public institutions of |
|
higher education to
determine compliance with this Section; and |
if the Board finds that a public
institution of higher |
education is not in compliance with this Section,
it shall |
notify the institution of steps to take to attain compliance;
|
(c) provide advice and counsel pursuant to this Section;
|
(d) conduct studies of the effectiveness of methods and |
strategies
designed to increase participation of students in |
education programs and
activities in which minorities, women |
and individuals with disabilities handicapped individuals are
|
traditionally underrepresented, and monitor the success of |
students in such
education programs and activities;
|
(e) encourage minority student recruitment and retention |
in colleges
and universities. In implementing this paragraph, |
the Board shall undertake
but need not be limited to the |
following: the establishment of guidelines
and plans for public |
institutions of higher education for minority student
|
recruitment and retention, the review and monitoring of |
minority student
programs implemented at public institutions |
of higher education to
determine their compliance with any |
guidelines and plans so established,
the determination of the |
effectiveness and funding requirements of minority
student |
programs at public institutions of higher education, the
|
dissemination of successful programs as models, and the |
encouragement of
cooperative partnerships between community |
colleges and local school
attendance centers which are |
experiencing difficulties in enrolling
minority students in |
|
four-year colleges and universities;
|
(f) mandate all public institutions of higher education to |
submit data
and information essential to determine compliance |
with this Section. The
Board shall prescribe the format and the |
date for submission of this data
and any other education equity |
data; and
|
(g) report to the General Assembly and the Governor |
annually with a
description of the plans submitted by each |
public institution of higher
education for implementation of |
this Section, including financial data
relating to the most |
recent fiscal year expenditures for specific minority
|
programs, the effectiveness of such
plans and programs and the |
effectiveness of the methods and strategies developed by the
|
Board in meeting the purposes of this Section, the degree of |
compliance
with this Section by each public institution of |
higher education as
determined by the Board pursuant to its |
periodic review responsibilities,
and the findings made by the |
Board in conducting its studies and monitoring
student success |
as required by paragraph d) of this Section. With
respect to |
each public institution of higher education such report also |
shall
include, but need not be limited to, information with |
respect to each
institution's minority program budget |
allocations; minority student
admission, retention and |
graduation statistics; admission, retention, and graduation |
statistics of all students who are the first in their immediate |
family to attend an institution of higher education; number of |
|
financial
assistance awards to undergraduate and graduate |
minority students; and
minority faculty representation. This |
paragraph shall not be construed to
prohibit the Board from |
making, preparing or issuing additional surveys or
studies with |
respect to minority education in Illinois.
|
(Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; 97-813, |
eff. 7-13-12.)
|
Section 445. The University of Illinois Act is amended by |
changing Section 9 as follows:
|
(110 ILCS 305/9) (from Ch. 144, par. 30)
|
Sec. 9. Scholarships for children of veterans. For each of |
the following
periods of hostilities, each county shall be |
entitled, annually, to one
honorary scholarship in the |
University, for the benefit of the children of
persons who |
served in the armed forces of the United States: the
Civil War, |
World War I, any time between September 16, 1940 and the
|
termination of World War II, any time during the national |
emergency
between June 25, 1950 and January 31, 1955, any time |
during the Viet
Nam conflict between January 1, 1961 and May 7, |
1975, any
time on or after August 2, 1990 and until Congress or |
the President orders that
persons in service are no longer |
eligible for
the Southwest Asia Service Medal, Operation |
Enduring Freedom, and Operation Iraqi Freedom. Preference |
shall be
given to the children of persons who are deceased or
|
|
to the children of persons who have a disability disabled . Such |
scholarships shall be
granted to such pupils as shall, upon |
public examination, conducted as
the board of trustees of the |
University may determine, be decided to
have attained the |
greatest proficiency in the branches of learning
usually taught |
in the secondary schools, and who shall be of good moral
|
character, and not less than 15 years of age. Such pupils, so |
selected,
shall be entitled to receive, without charge for |
tuition, instruction in
any or all departments of the |
University for a term of at least 4
consecutive years. Such |
pupils shall conform, in all respects, to the
rules and |
regulations of the University, established for the government
|
of the pupils in attendance.
|
(Source: P.A. 95-64, eff. 1-1-08.)
|
Section 450. The University of Illinois Hospital Act is |
amended by changing Section 6 as follows:
|
(110 ILCS 330/6) (from Ch. 23, par. 1376)
|
Sec. 6.
No otherwise qualified child with a disability |
handicapped child receiving special education
and related
|
services under Article 14 of The School Code shall solely by |
reason of his
or her disability handicap be excluded from the |
participation in or be denied the benefits
of or be subjected |
to discrimination under any program or activity provided
by the |
University of Illinois Hospital.
|
|
(Source: P.A. 80-1403.)
|
Section 455. The Specialized Care for Children Act is |
amended by changing Sections 1 and 3 as follows:
|
(110 ILCS 345/1) (from Ch. 144, par. 67.1)
|
Sec. 1.
The University of Illinois is hereby designated as |
the agency to
receive, administer, and to hold in its own |
treasury federal funds and aid
in relation to the |
administration of its Division of Specialized Care for
|
Children. The Board of Trustees of the University of Illinois |
shall have
a charge upon all claims, demands and causes of |
action for injuries to an
applicant for or recipient of |
financial aid for the total amount of medical
assistance |
provided the recipient by the Division from the time of injury
|
to the date of recovery upon such claim, demand or cause of |
action. The
Board of Trustees of the University of Illinois may |
cooperate
with the United States Children's Bureau of the |
Department of Health,
Education and Welfare, or with any |
successor or other federal agency, in
the administration of the |
Division of Specialized Care for Children, and
shall have full |
responsibility for the expenditure of federal and state
funds, |
or monies recovered as the result of a judgment or settlement |
of a
lawsuit or from an insurance or personal settlement |
arising from a claim
relating to a recipient child's medical |
condition, as well as any
aid which may be made available to |
|
the Board of Trustees for
administering, through the Division |
of Specialized Care for Children, a
program of services for |
children with physical disabilities or who are who are |
physically disabled or suffering from
conditions which may lead |
to a physical disability, including medical, surgical,
|
corrective and other services and care, and facilities for |
diagnosis,
hospitalization and aftercare of such children.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(110 ILCS 345/3) (from Ch. 144, par. 67.3)
|
Sec. 3.
No otherwise qualified child with a disability |
handicapped child receiving special education
services under |
Article 14 of The School Code shall solely by reason of his
or |
her disability handicap be excluded from the participation in |
or be denied the benefits
of or be subjected to discrimination |
under any program or activity provided
by the Division of |
Specialized Care for Children.
|
(Source: P.A. 87-203.)
|
Section 460. The Public Community College Act is amended by |
changing Sections 3-20.3.01 and 3-49 as follows:
|
(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
|
Sec. 3-20.3.01. Whenever, as a result of any lawful order |
of any agency,
other than a local community college board, |
having authority to enforce any
law or regulation designed for |
|
the protection, health or safety of community
college students, |
employees or visitors, or any law or regulation for the
|
protection and safety of the environment, pursuant to the |
"Environmental
Protection Act", any local community college |
district, including any district
to which Article VII of this |
Act applies, is required to alter or repair
any physical |
facilities, or whenever any district determines that it is
|
necessary for energy conservation, health or safety, |
environmental
protection or handicapped accessibility purposes |
that any physical
facilities should be altered or repaired and |
that such alterations or
repairs will be made with funds not |
necessary for the completion of
approved and recommended |
projects for fire prevention and safety, or
whenever after the |
effective date of this amendatory Act of
1984 any district, |
including any district to which Article VII applies,
provides |
for alterations or repairs determined by the local community
|
college board to be necessary for health and safety, |
environmental
protection, handicapped accessibility or energy |
conservation purposes, such
district may, by proper resolution |
which specifically identifies the
project and which is adopted |
pursuant to the provisions of the Open
Meetings Act, levy a tax |
for the purpose of paying for such alterations or
repairs, or |
survey by a licensed architect or engineer, upon the equalized
|
assessed value of all the taxable property of the district at a |
rate not to
exceed .05% per year for a period sufficient to |
finance such alterations or
repairs, upon the following |
|
conditions:
|
(a) When in the judgment of the local community college |
board of trustees
there are not sufficient funds available in |
the operations and
maintenance fund of the district to |
permanently pay for such alterations
or repairs so ordered, |
determined as necessary.
|
(b) When a certified estimate of a licensed architect or |
engineer stating
the estimated amount that is necessary to make
|
the alterations or repairs so ordered or determined as |
necessary has been
secured by the local community college |
district and the project and estimated
amount have been |
approved by the Executive Director of the State Board.
|
The filing of a certified copy of the resolution or |
ordinance levying the
tax when accompanied by the certificate |
of approval of the Executive Director
of the State Board shall |
be the authority of the county clerk or clerks
to extend such |
tax; provided, however, that in no event shall the extension
|
for the current and preceding years, if any, under this Section |
be greater
than the amount so approved, and interest on bonds |
issued pursuant to this
Section and in the event such current |
extension and preceding extensions
exceed such approval and |
interest, it shall be reduced proportionately.
|
The county clerk of each of the counties in which any |
community college
district levying a tax under the authority of |
this Section is located, in
reducing raised levies, shall not |
consider any such tax as a part of the
general levy for |
|
community college purposes and shall not include the same
in |
the limitation of any other tax rate which may be extended. |
Such tax
shall be levied and collected in like manner as all |
other taxes of
community college districts.
|
The tax rate limit hereinabove specified in this Section |
may be increased
to .10% upon the approval of a proposition to |
effect such increase by a
majority of the electors voting on |
that proposition at a regular scheduled
election. Such |
proposition may be initiated by resolution of the local
|
community college board and shall be certified by the secretary |
of the
local community college board to the proper election |
authorities for
submission in accordance with the general |
election law.
|
Each local community college district authorized to levy |
any tax pursuant
to this Section may also or in the alternative |
by proper resolution or
ordinance borrow money for such |
specifically identified purposes not in
excess of $4,500,000 in |
the aggregate at any one time when
in the judgment
of the local |
community college board of trustees there are not sufficient
|
funds available in the operations and maintenance fund of the |
district to
permanently pay for such alterations or repairs so |
ordered or determined as
necessary and a certified estimate of |
a licensed architect or engineer
stating the estimated amount |
has been secured by
the local community college district and |
the project and the estimated
amount have been approved by the |
State Board, and as evidence of such
indebtedness may issue |
|
bonds without referendum. However, Community College District |
No. 522 and Community College District No. 536 may or in the |
alternative by proper resolution or
ordinance borrow money for |
such specifically identified purposes not in
excess of |
$20,000,000 in the aggregate at any one time when
in the |
judgment
of the community college board of trustees there are |
not sufficient
funds available in the operations and |
maintenance fund of the district to
permanently pay for such |
alterations or repairs so ordered or determined as
necessary |
and a certified estimate of a licensed architect or engineer
|
stating the estimated amount has been secured by
the community |
college district and the project and the estimated
amount have |
been approved by the State Board, and as evidence of such
|
indebtedness may issue bonds without referendum. Such bonds |
shall bear
interest at a rate or rates authorized by "An Act to |
authorize public
corporations to issue bonds, other evidences |
of indebtedness and tax
anticipation warrants subject to |
interest rate limitations set forth
therein", approved May 26, |
1970, as now or hereafter amended, shall mature
within 20 years |
from date, and shall be signed by the chairman, secretary
and |
treasurer of the local community college board.
|
In order to authorize and issue such bonds the local |
community college
board shall adopt a resolution fixing the |
amount of bonds, the date thereof,
the maturities thereof and |
rates of interest thereof, and the board by such
resolution, or |
in a district to which Article VII applies the city council
|
|
upon demand and under the direction of the board by ordinance, |
shall provide
for the levy and collection of a direct annual |
tax upon all the taxable
property in the local community |
college district sufficient to pay the
principal and interest |
on such bonds to maturity. Upon the filing in the
office of the |
county clerk of each of the counties in which the community
|
college district is located of a certified copy of such |
resolution or
ordinance it is the duty of the county clerk or |
clerks to extend the tax
therefor without limit as to rate or |
amount and in addition to and in
excess of all other taxes |
heretofore or hereafter authorized to be levied
by such |
community college district.
|
The State Board shall prepare and enforce regulations and |
specifications
for minimum requirements for the construction, |
remodeling or rehabilitation
of heating, ventilating, air |
conditioning, lighting, seating, water supply,
toilet, |
handicapped accessibility, fire safety and any other matter |
that
will conserve, preserve or provide for the protection and |
the health or
safety of individuals in or on community college |
property and will conserve
the integrity of the physical |
facilities of the district.
|
This Section is cumulative and constitutes complete |
authority for the
issuance of bonds as provided in this Section |
notwithstanding any other
statute or law to the contrary.
|
(Source: P.A. 96-561, eff. 1-1-10.)
|
|
(110 ILCS 805/3-49) (from Ch. 122, par. 103-49)
|
Sec. 3-49.
Each Board of Trustees of a Community College |
District
may, at its discretion, appoint an Employment Advisory |
Board. Such
Employment Advisory Board shall consist of not more |
than 15
members appointed to terms of 4 years, and their |
membership shall
include, but not be limited to, |
representatives of the following groups:
|
(a) small businesses;
|
(b) large businesses which employ residents of the |
Community College District;
|
(c) governmental units which employ residents of the |
Community College District;
|
(d) non-profit private organizations;
|
(e) organizations which serve as advocates for persons with |
disabilities the handicapped ; and
|
(f) employee organizations.
|
(Source: P.A. 85-458.)
|
Section 465. The Higher Education Student Assistance Act is |
amended by changing Sections 50, 52, 55, 60, 65.15, 65.70, and |
105 as follows:
|
(110 ILCS 947/50)
|
Sec. 50. Minority Teachers of Illinois scholarship |
program.
|
(a) As used in this Section:
|
|
"Eligible applicant" means a minority student who has |
graduated
from high school or has received a high school |
equivalency certificate
and has
maintained a cumulative |
grade point average of
no
less than 2.5 on a 4.0 scale, and |
who by reason thereof is entitled to
apply for scholarships |
to be awarded under this Section.
|
"Minority student" means a student who is any of the |
following: |
(1) American Indian or Alaska Native (a person |
having origins in any of the original peoples of North |
and South America, including Central America, and who |
maintains tribal affiliation or community attachment). |
(2) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or |
the Indian subcontinent, including, but not limited |
to, Cambodia, China, India, Japan, Korea, Malaysia, |
Pakistan, the Philippine Islands, Thailand, and |
Vietnam). |
(3) Black or African American (a person having |
origins in any of the black racial groups of Africa). |
Terms such as "Haitian" or "Negro" can be used in |
addition to "Black or African American". |
(4) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other |
Spanish culture or origin, regardless of race). |
(5) Native Hawaiian or Other Pacific Islander (a |
|
person having origins in any of the original peoples of |
Hawaii, Guam, Samoa, or other Pacific Islands).
|
"Qualified student" means a person (i) who is a |
resident of this State
and a citizen or permanent resident |
of the United States; (ii) who is a
minority student, as |
defined in this Section; (iii) who, as an eligible
|
applicant, has made a timely application for a minority |
teaching
scholarship under this Section; (iv) who is |
enrolled on at least a
half-time basis at a
qualified |
Illinois institution of
higher learning; (v) who is |
enrolled in a course of study leading to
teacher |
certification, including alternative teacher |
certification; (vi)
who maintains a grade point average of |
no
less than 2.5 on a 4.0 scale;
and (vii) who continues to |
advance satisfactorily toward the attainment
of a degree.
|
(b) In order to encourage academically talented Illinois |
minority
students to pursue teaching careers at the preschool |
or elementary or
secondary
school
level, each qualified student |
shall be awarded a minority teacher
scholarship to any |
qualified Illinois institution of higher learning.
However, |
preference may be given to qualified applicants enrolled at or |
above
the
junior level.
|
(c) Each minority teacher scholarship awarded under this |
Section shall
be in an amount sufficient to pay the tuition and |
fees and room and board
costs of the qualified Illinois |
institution of higher learning at which the
recipient is |
|
enrolled, up to an annual maximum of $5,000;
except that
in
the |
case of a recipient who does not reside on-campus at the |
institution at
which he or she is enrolled, the amount of the |
scholarship shall be
sufficient to pay tuition and fee expenses |
and a commuter allowance, up to
an annual maximum of $5,000.
|
(d) The total amount of minority teacher scholarship |
assistance awarded by
the Commission under this Section to an |
individual in any given fiscal
year, when added to other |
financial assistance awarded to that individual
for that year, |
shall not exceed the cost of attendance at the institution
at |
which the student is enrolled. If the amount of minority |
teacher
scholarship to be awarded to a qualified student as |
provided in
subsection (c) of this Section exceeds the cost of |
attendance at the
institution at which the student is enrolled, |
the minority teacher
scholarship shall be reduced by an amount |
equal to the amount by which the
combined financial assistance |
available to the student exceeds the cost
of attendance.
|
(e) The maximum number of academic terms for which a |
qualified
student
can receive minority teacher scholarship |
assistance shall be 8 semesters or
12 quarters.
|
(f) In any academic year for which an eligible applicant |
under this
Section accepts financial assistance through the |
Paul Douglas Teacher
Scholarship Program, as authorized by |
Section 551 et seq. of the Higher
Education Act of 1965, the |
applicant shall not be eligible for scholarship
assistance |
awarded under this Section.
|
|
(g) All applications for minority teacher scholarships to |
be awarded
under this Section shall be made to the Commission |
on forms which the
Commission shall provide for eligible |
applicants. The form of applications
and the information |
required to be set forth therein shall be determined by
the |
Commission, and the Commission shall require eligible |
applicants to
submit with their applications such supporting |
documents or recommendations
as the Commission deems |
necessary.
|
(h) Subject to a separate appropriation for such purposes, |
payment of
any minority teacher scholarship awarded under this |
Section shall be
determined by the Commission. All scholarship |
funds distributed in
accordance with this subsection shall be |
paid to the institution and used
only for payment of the |
tuition and fee and room and board expenses
incurred by the |
student in connection with his or her attendance as an
|
undergraduate student at a qualified Illinois institution of |
higher
learning. Any minority teacher scholarship awarded |
under this Section
shall be applicable to 2 semesters or 3 |
quarters of enrollment. If a
qualified student withdraws from |
enrollment prior to completion of the
first semester or quarter |
for which the minority teacher scholarship is
applicable, the |
school shall refund to the Commission the full amount of the
|
minority teacher scholarship.
|
(i) The Commission shall administer the minority teacher |
scholarship aid
program established by this Section and shall |
|
make all necessary and proper
rules not inconsistent with this |
Section for its effective implementation.
|
(j) When an appropriation to the Commission for a given |
fiscal year is
insufficient to provide scholarships to all |
qualified students, the
Commission shall allocate the |
appropriation in accordance with this
subsection. If funds are |
insufficient to provide all qualified students
with a |
scholarship as authorized by this Section, the Commission shall
|
allocate the available scholarship funds for that fiscal year |
on the basis
of the date the Commission receives a complete |
application form.
|
(k) Notwithstanding the provisions of subsection (j) or any |
other
provision of this Section, at least 30% of the funds |
appropriated for
scholarships awarded under this Section in |
each fiscal year shall be reserved
for qualified male minority |
applicants.
If the Commission does not receive enough |
applications from qualified male
minorities on or before
|
January 1 of each fiscal year to award 30% of the funds |
appropriated for these
scholarships to qualified
male minority |
applicants, then the Commission may award a portion of the
|
reserved funds to qualified
female minority applicants.
|
(l) Prior to receiving scholarship assistance for any |
academic year,
each recipient of a minority teacher scholarship |
awarded under this Section
shall be required by the Commission |
to sign an agreement under which the
recipient pledges that, |
within the one-year period following the
termination
of the |
|
program for which the recipient was awarded a minority
teacher |
scholarship, the recipient (i) shall begin teaching for a
|
period of not less
than one year for each year of scholarship |
assistance he or she was awarded
under this Section; and (ii) |
shall fulfill this teaching obligation at a
nonprofit Illinois |
public, private, or parochial preschool, elementary school,
or |
secondary school at which no less than 30% of the enrolled |
students are
minority students in the year during which the |
recipient begins teaching at the
school; and (iii) shall, upon |
request by the Commission, provide the Commission
with evidence |
that he or she is fulfilling or has fulfilled the terms of the
|
teaching agreement provided for in this subsection.
|
(m) If a recipient of a minority teacher scholarship |
awarded under this
Section fails to fulfill the teaching |
obligation set forth in subsection
(l) of this Section, the |
Commission shall require the recipient to repay
the amount of |
the scholarships received, prorated according to the fraction
|
of the teaching obligation not completed, at a rate of interest |
equal to
5%, and, if applicable, reasonable collection fees.
|
The Commission is authorized to establish rules relating to its |
collection
activities for repayment of scholarships under this |
Section. All repayments
collected under this Section shall be |
forwarded to the State Comptroller for
deposit into the State's |
General Revenue Fund.
|
(n) A recipient of minority teacher scholarship shall not |
be considered
in violation of the agreement entered into |
|
pursuant to subsection (l) if
the recipient (i) enrolls on a |
full time basis as a graduate student in a
course of study |
related to the field of teaching at a qualified Illinois
|
institution of higher learning; (ii) is serving, not in excess |
of 3 years,
as a member of the armed services of the United |
States; (iii) is
a person with a temporary total disability |
temporarily totally disabled for a period of time not to exceed |
3 years as
established by sworn affidavit of a qualified |
physician; (iv) is seeking
and unable to find full time |
employment as a teacher at an Illinois public,
private, or |
parochial preschool or elementary or secondary school that
|
satisfies the
criteria set forth in subsection (l) of this |
Section and is able to provide
evidence of that fact; (v) |
becomes a person with a permanent total disability permanently |
totally disabled as
established by sworn affidavit of a |
qualified physician; (vi) is taking additional courses, on at |
least a half-time basis, needed to obtain certification as a |
teacher in Illinois; or (vii) is fulfilling teaching |
requirements associated with other programs administered by |
the Commission and cannot concurrently fulfill them under this |
Section in a period of time equal to the length of the teaching |
obligation.
|
(o) Scholarship recipients under this Section who withdraw |
from
a program of teacher education but remain enrolled in |
school
to continue their postsecondary studies in another |
academic discipline shall
not be required to commence repayment |
|
of their Minority Teachers of Illinois
scholarship so long as |
they remain enrolled in school on a full-time basis or
if they |
can document for the Commission special circumstances that |
warrant
extension of repayment.
|
(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15 .)
|
(110 ILCS 947/52)
|
Sec. 52. Golden Apple Scholars of Illinois Program; Golden |
Apple Foundation for Excellence in Teaching.
|
(a) In this Section, "Foundation" means the Golden Apple |
Foundation for Excellence in Teaching, a registered 501(c)(3) |
not-for-profit corporation. |
(a-2) In order to encourage academically talented Illinois |
students,
especially minority students, to pursue teaching |
careers, especially in
teacher shortage
disciplines
(which |
shall be defined to include early childhood education) or at
|
hard-to-staff schools (as defined by the Commission in |
consultation with the
State Board of Education), to provide |
those students with the crucial mentoring, guidance, and |
in-service support that will significantly increase the |
likelihood that they will complete their full teaching |
commitments and elect to continue teaching in targeted |
disciplines and hard-to-staff schools, and to ensure that |
students in this State will continue to have access to a pool |
of highly-qualified teachers, each qualified student shall be |
awarded a Golden Apple Scholars of Illinois Program scholarship |
|
to any Illinois institution of higher learning. The Commission |
shall administer the Golden Apple Scholars of Illinois Program, |
which shall be managed by the Foundation pursuant to the terms |
of a grant agreement meeting the requirements of Section 4 of |
the Illinois Grant Funds Recovery Act. |
(a-3) For purposes of this Section, a qualified student |
shall be a student who meets the following qualifications: |
(1) is a resident of this State and a citizen or |
eligible noncitizen of the United States; |
(2) is a high school graduate or a person who has |
received a high school equivalency certificate; |
(3) is enrolled or accepted, on at least a half-time |
basis, at an institution of higher learning; |
(4) is pursuing a postsecondary course of study leading |
to initial certification or pursuing additional course |
work needed to gain State Board of Education approval to |
teach, including alternative teacher licensure; and |
(5) is a participant in programs managed by and is |
approved to receive a scholarship from the Foundation. |
(a-5) (Blank).
|
(b) (Blank).
|
(b-5) Funds designated for the Golden Apple Scholars of |
Illinois Program shall be used by the Commission for the |
payment of scholarship assistance under this Section or for the |
award of grant funds, subject to the Illinois Grant Funds |
Recovery Act, to the Foundation. Subject to appropriation, |
|
awards of grant funds to the Foundation shall be made on an |
annual basis and following an application for grant funds by |
the Foundation. |
(b-10) Each year, the Foundation shall include in its |
application to the Commission for grant funds an estimate of |
the amount of scholarship assistance to be provided to |
qualified students during the grant period. Any amount of |
appropriated funds exceeding the estimated amount of |
scholarship assistance may be awarded by the Commission to the |
Foundation for management expenses expected to be incurred by |
the Foundation in providing the mentoring, guidance, and |
in-service supports that will increase the likelihood that |
qualified students will complete their teaching commitments |
and elect to continue teaching in hard-to-staff schools. If the |
estimate of the amount of scholarship assistance described in |
the Foundation's application is less than the actual amount |
required for the award of scholarship assistance to qualified |
students, the Foundation shall be responsible for using awarded |
grant funds to ensure all qualified students receive |
scholarship assistance under this Section. |
(b-15) All grant funds not expended or legally obligated |
within the time specified in a grant agreement between the |
Foundation and the Commission shall be returned to the |
Commission within 45 days. Any funds legally obligated by the |
end of a grant agreement shall be liquidated within 45 days or |
otherwise returned to the Commission within 90 days after the |
|
end of the grant agreement that resulted in the award of grant |
funds. |
(c) Each scholarship awarded under this Section shall be in |
an amount
sufficient to pay the tuition and fees and room and |
board costs of the Illinois
institution of higher learning at |
which the recipient is enrolled, up to
an annual maximum of |
$5,000; except that in the case of a
recipient who
does not
|
reside
on-campus at the institution of higher learning at which |
he or she is enrolled,
the amount of the scholarship shall be |
sufficient to pay tuition and fee
expenses and a commuter |
allowance, up to an annual maximum of $5,000. All scholarship |
funds distributed in accordance with this Section shall be paid |
to the institution on behalf of recipients.
|
(d) The total amount of scholarship assistance awarded by |
the Commission
under this Section to an individual in any given |
fiscal year, when added to
other financial assistance awarded |
to that individual for that year, shall not
exceed the cost of |
attendance at the institution of higher learning at which
the |
student is enrolled. In any academic year for which a qualified |
student under this Section accepts financial assistance |
through any other teacher scholarship program administered by |
the Commission, a qualified student shall not be eligible for |
scholarship assistance awarded under this Section.
|
(e) A recipient may receive up to 8 semesters or 12
|
quarters of scholarship
assistance under this Section. |
Scholarship funds are applicable toward 2 semesters or 3 |
|
quarters of enrollment each academic year.
|
(f) All applications for scholarship assistance to be |
awarded under this
Section shall be made to the Foundation in a |
form determined by the Foundation. Each year, the Foundation |
shall notify the Commission of the individuals awarded |
scholarship assistance under this Section. Each year, at least |
30% of the Golden Apple Scholars of Illinois Program |
scholarships shall be awarded to students residing in counties |
having a population of less than 500,000.
|
(g) (Blank).
|
(h) The Commission shall administer the payment of
|
scholarship assistance provided through the Golden Apple |
Scholars of Illinois Program and shall make all necessary
and
|
proper rules not inconsistent with this Section for the |
effective
implementation of this Section.
|
(i) Prior to receiving scholarship assistance for any |
academic year, each
recipient of a scholarship awarded under |
this
Section shall be required by the Foundation to sign an |
agreement under which
the
recipient pledges that, within the |
2-year period following the
termination
of the academic program |
for which the recipient was awarded a scholarship, the
|
recipient: (i) shall begin teaching for a period of not
less |
than 5 years, (ii) shall fulfill this teaching obligation at a |
nonprofit
Illinois public,
private, or parochial
preschool or |
an Illinois public elementary or secondary school that |
qualifies for teacher loan cancellation under Section |
|
465(a)(2)(A) of the federal Higher Education Act of 1965 (20 |
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed |
eligible for fulfilling the teaching commitment as designated |
by the Foundation, and (iii)
shall, upon request of
the |
Foundation, provide the Foundation with evidence that he or she |
is fulfilling
or has fulfilled the terms of the teaching |
agreement provided for in this
subsection. Upon request, the |
Foundation shall provide evidence of teacher fulfillment to the |
Commission.
|
(j) If a recipient of a scholarship awarded under this |
Section fails to
fulfill the teaching obligation set forth in |
subsection (i) of this Section,
the Commission shall require |
the recipient to repay the amount of the
scholarships received, |
prorated according to the fraction of the teaching
obligation |
not completed, plus interest at a rate of 5% and if applicable, |
reasonable
collection fees.
Payments received by the |
Commission under this subsection (j)
shall be remitted to the |
State Comptroller for deposit into
the General Revenue Fund, |
except that that portion of a
recipient's repayment that equals |
the amount in expenses that
the Commission has reasonably |
incurred in attempting
collection from that recipient shall be |
remitted to the State
Comptroller for deposit into the |
Commission's Accounts
Receivable Fund. |
(k) A recipient of a scholarship awarded by the Foundation |
under this
Section shall not be considered to have failed to |
fulfill the teaching obligations of the agreement entered into |
|
pursuant to
subsection (i) if the recipient (i) enrolls on a |
full-time basis as a graduate
student in a course of study |
related to the field of teaching at an institution
of higher |
learning; (ii) is serving as a member of the armed services of |
the
United States; (iii) is a person with a temporary total |
disability temporarily totally disabled , as established by |
sworn
affidavit of a qualified physician; (iv) is seeking and |
unable to find
full-time employment as a teacher at a school |
that satisfies the criteria set
forth
in subsection (i) and is |
able to provide evidence of that fact; (v) is taking additional |
courses, on at least a half-time basis, needed to obtain |
certification as a teacher in Illinois; (vi) is fulfilling |
teaching requirements associated with other programs |
administered by the Commission and cannot concurrently fulfill |
them under this Section in a period of time equal to the length |
of the teaching obligation; or (vii) is participating in a |
program established under Executive Order 10924 of the |
President of the United States or the federal National |
Community Service Act of 1990 (42 U.S.C. 12501 et seq.). Any |
such
extension of the period during which the teaching |
requirement must be fulfilled
shall be subject to limitations |
of duration as established by the Commission.
|
(l) A recipient who fails to fulfill the teaching |
obligations of the agreement entered into pursuant to |
subsection (i) of this Section shall repay the amount of |
scholarship assistance awarded to them under this Section |
|
within 10 years. |
(m) Annually, at a time determined by the Commission in |
consultation with the Foundation, the Foundation shall submit a |
report to assist the Commission in monitoring the Foundation's |
performance of grant activities. The report shall describe the |
following: |
(1) the Foundation's anticipated expenditures for the |
next fiscal year; |
(2) the number of qualified students receiving |
scholarship assistance at each institution of higher |
learning where a qualified student was enrolled under this |
Section during the previous fiscal year; |
(3) the total monetary value of scholarship funds paid |
to each institution of higher learning at which a qualified |
student was enrolled during the previous fiscal year; |
(4) the number of scholarship recipients who completed |
a baccalaureate degree during the previous fiscal year; |
(5) the number of scholarship recipients who fulfilled |
their teaching obligation during the previous fiscal year; |
(6) the number of scholarship recipients who failed to |
fulfill their teaching obligation during the previous |
fiscal year; |
(7) the number of scholarship recipients granted an |
extension described in subsection (k) of this Section |
during the previous fiscal year; |
(8) the number of scholarship recipients required to |
|
repay scholarship assistance in accordance with subsection |
(j) of this Section during the previous fiscal year; |
(9) the number of scholarship recipients who |
successfully repaid scholarship assistance in full during |
the previous fiscal year; |
(10) the number of scholarship recipients who |
defaulted on their obligation to repay scholarship |
assistance during the previous fiscal year; |
(11) the amount of scholarship assistance subject to |
collection in accordance with subsection (j) of this |
Section at the end of the previous fiscal year; |
(12) the amount of collected funds to be remitted to |
the Comptroller in accordance with subsection (j) of this |
Section at the end of the previous fiscal year; and |
(13) other information that the Commission may |
reasonably request. |
(n) Nothing in this Section shall affect the rights of the |
Commission to collect moneys owed to it by recipients of |
scholarship assistance through the Illinois Future Teacher |
Corps Program, repealed by this amendatory Act of the 98th |
General Assembly. |
(o) The Auditor General shall prepare an annual audit of |
the operations and finances of the Golden Apple Scholars of |
Illinois Program. This audit shall be provided to the Governor, |
General Assembly, and the Commission. |
(p) The suspension of grant making authority found in |
|
Section 4.2 of the Illinois Grant Funds Recovery Act shall not |
apply to grants made pursuant to this Section. |
(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15 .)
|
(110 ILCS 947/55)
|
Sec. 55. Police officer or fire officer survivor grant. |
Grants shall be
provided for any spouse, natural child, legally |
adopted child, or child in
the legal custody of police officers |
and fire officers who are killed or who become a person with a |
permanent disability permanently
disabled with 90% to 100% |
disability in the line of duty while employed by, or
in the |
voluntary service of, this State or any local public entity in |
this
State. Beneficiaries need not be Illinois residents at the |
time of enrollment
in order to receive this grant. |
Beneficiaries are entitled to 8 semesters or
12 quarters of |
full payment of tuition and mandatory fees at any
|
State-sponsored Illinois institution of higher learning for |
either full or
part-time study, or the equivalent of 8 |
semesters or 12 quarters of payment
of
tuition and
mandatory |
fees at the rate established by the Commission for private
|
institutions in the State of Illinois, provided the recipient |
is maintaining
satisfactory academic progress. This benefit |
may be used for undergraduate or
graduate study. The benefits |
of this Section shall be administered by and paid
out of funds |
available to the Commission and shall accrue to the bona fide
|
applicant without the requirement of demonstrating financial |
|
need to qualify
for those benefits.
|
(Source: P.A. 91-670, eff. 12-22-99.)
|
(110 ILCS 947/60)
|
Sec. 60.
Grants for dependents of Department of Corrections |
employees who are killed
or who become a person with a |
permanent disability permanently disabled in the line of duty. |
Any spouse, natural child, legally
adopted child, or child in |
the legal custody of an employee of the Department
of |
Corrections who is assigned to a security position with the |
Department with
responsibility for inmates of any correctional |
institution under the
jurisdiction of the Department and who is |
killed or who becomes a person with a permanent disability |
permanently disabled with
90% to 100% disability in the line of |
duty is entitled to 8 semesters or 12
quarters of full payment |
of tuition and mandatory fees at any State-supported
Illinois |
institution of higher learning for either full or part-time |
study, or
the equivalent of 8 semesters or 12 quarters of |
payment of tuition and
mandatory fees at the rate
established |
by the Commission for private institutions in the State of
|
Illinois, provided the recipient is maintaining satisfactory |
academic
progress. This benefit may be used for undergraduate |
or graduate study.
Beneficiaries need not be Illinois residents |
at the time of enrollment in order
to receive this grant. The |
benefits of this Section shall be administered by
and paid out |
of funds available to the Commission and shall accrue to the |
|
bona
fide applicant without the requirement of demonstrating |
financial need to
qualify for those benefits.
|
(Source: P.A. 91-670, eff. 12-22-99.)
|
(110 ILCS 947/65.15)
|
Sec. 65.15. Special education teacher scholarships.
|
(a) There shall be awarded annually 250
scholarships to |
persons qualifying as members of any of the
following
groups:
|
(1) Students who are otherwise qualified to receive a |
scholarship as
provided in subsections (b) and (c) of this |
Section and who make application
to the Commission for such |
scholarship and agree to take courses that will
prepare the |
student for the teaching of children described in Section |
14-1 of
the School Code.
|
(2) Persons holding a valid certificate issued under |
the laws relating
to the certification of teachers and who |
make application to the Commission
for such scholarship and |
agree to take courses that will prepare them for the
|
teaching of children described in Section 14-1 of the |
School Code.
|
(3) Persons who (A) have graduated high school; (B) |
have not been
certified as a teacher; and (C) make |
application to the Commission for such
scholarship and |
agree to take courses that will prepare them for the |
teaching
of children described in Section 14-1 of the |
School Code.
|
|
Scholarships awarded under this Section shall be issued |
pursuant to
regulations promulgated by the Commission;
|
provided that no rule or regulation promulgated by the State |
Board of
Education prior to the effective date of this |
amendatory Act of 1993 pursuant
to the exercise of any right, |
power, duty, responsibility or matter of pending
business |
transferred from the State Board of Education to the Commission |
under
this Section shall be affected thereby, and all such |
rules and regulations
shall become the rules and regulations of |
the Commission until modified or
changed by the Commission in |
accordance with law.
|
For the purposes of this Section scholarships awarded each |
school year
shall be deemed to be issued on July 1 of the year |
prior to
the start of the postsecondary school term and all |
calculations for use of the scholarship shall be based on such
|
date. Each scholarship shall entitle its holder to exemption |
from fees as
provided in subsection (a) of Section 65.40 while |
enrolled in a special
education program of
teacher education, |
for a period of not more than 4 calendar years and shall be
|
available for use at any time during such period of study |
except as provided in
subsection (b) of Section 65.40.
|
Scholarships issued to holders of a valid certificate |
issued under the
laws relating to the certification of teachers |
as provided in
paragraph (2) of this subsection may also |
entitle the holder thereof to
a program of teacher education |
that will prepare the student for the
teaching of children |
|
described in Section 14-1 of the School Code at the
graduate |
level.
|
(b) The principal, or his or her
designee, of an approved |
high school shall
certify to the Commission, for students who |
are Illinois residents and are
completing an application, that |
the students ranked
scholastically in the upper one-half of |
their graduating class at
the end of
the sixth semester.
|
(c) Each holder of a scholarship must furnish proof to the
|
Commission, in such form and at such intervals as the
|
Commission prescribes, of the holder's continued
enrollment in |
a teacher education program qualifying the holder for the
|
scholarship. Any holder of a scholarship who fails to register |
in a
special education program of teacher education at the |
university within 10
days after the
commencement of the term, |
quarter or semester immediately following the
receipt of the |
scholarship or who, having registered, withdraws from the
|
university or transfers out of teacher education, shall |
thereupon
forfeit the right to use it and it may be granted to |
the person having
the next highest rank as shown on the list |
held by the
Commission. If the person having the next
highest |
rank, within 10 days after notification thereof by the
|
Commission, fails to register at any such
university in a |
special education program of teacher education, or who,
having |
registered,
withdraws from the university or transfers out of |
teacher education, the
scholarship may then be granted to the |
person shown on the list as
having the rank next below such |
|
person.
|
(d) Any person who has accepted a scholarship under the |
preceding
subsections of this Section must, within one year |
after graduation from or
termination of
enrollment in a teacher |
education program, begin teaching at a nonprofit
Illinois |
public,
private, or parochial preschool or elementary or |
secondary school for a period of at least 2 of the
5 years
|
immediately following that graduation or termination, |
excluding, however, from
the computation of that 5 year period |
(i) any time up to 3 years
spent in the
military service, |
whether such service occurs before or after the person
|
graduates; (ii) any time
that person is enrolled full-time in |
an academic program related to the field
of teaching leading to |
a
graduate or postgraduate degree; (iii) the time that person |
is
a person with a temporary total disability temporarily |
totally disabled for a period of time not to exceed 3 years, as
|
established by the sworn affidavit of a qualified physician; |
(iv) the time that
person is seeking and unable to find full |
time employment as a teacher at an
Illinois public, private, or |
parochial school; (v) the time that person is
taking additional |
courses, on at least a half-time basis, needed to obtain
|
certification as a teacher in Illinois; or (vi) the time that |
person is fulfilling teaching requirements associated with |
other programs administered by the Commission if he or she |
cannot concurrently fulfill them under this Section in a period |
of time equal to the length of the teaching obligation.
|
|
A person who has accepted a scholarship under the preceding
|
subsections of this Section and who has been unable to
fulfill |
the teaching requirements of this Section may
receive a |
deferment from the obligation of repayment under
this |
subsection (d) under guidelines established by the Commission; |
provided
that no guideline established for any such purpose by |
the State Board of
Education prior to the effective date of |
this amendatory Act of 1993 shall be
affected by the transfer |
to the Commission of the responsibility for
administering and |
implementing the provisions of this Section, and all
guidelines |
so established shall become the guidelines of the Commission |
until
modified or changed by the Commission.
|
Any such person who fails to fulfill this teaching |
requirement shall pay
to the Commission the amount of tuition |
waived by
virtue of his or her acceptance of the scholarship, |
together with interest at
5% per year on that amount. However, |
this obligation to repay the
amount of
tuition waived plus |
interest does not apply when the failure to fulfill the
|
teaching requirement results from the death or adjudication as |
a person
under legal disability of the person holding the |
scholarship, and no claim for
repayment may be filed against |
the estate of such a decedent or person under
legal disability. |
Payments received by the Commission under this subsection
(d) |
shall be remitted to the State
Treasurer for deposit in
the |
General Revenue
Fund. Each person receiving a
scholarship shall |
be
provided with a
description of the provisions of this |
|
subsection (d) at the time
he or she qualifies for the benefits |
of
such a scholarship.
|
(e) This Section is basically the same as Sections
30-1, |
30-2, 30-3, and
30-4a of the School Code, which are repealed by |
this amendatory Act of 1993,
and shall be construed as a |
continuation of the teacher scholarship program
established by |
that prior law, and not as a new or different teacher
|
scholarship program. The State Board of Education shall |
transfer to the
Commission, as the successor to the State Board |
of Education for all purposes
of administering and implementing |
the provisions of this Section, all books,
accounts, records, |
papers, documents, contracts, agreements, and pending
business |
in any way relating to the teacher scholarship program |
continued under
this Section; and all scholarships at any time |
awarded under that program by,
and all applications for any |
such scholarships at any time made to, the State
Board of |
Education shall be unaffected by the transfer
to the Commission |
of all responsibility for the administration and
|
implementation of the teacher scholarship program continued |
under this
Section. The State Board of Education shall furnish |
to the Commission such
other information as the Commission may |
request to assist it in administering
this Section.
|
(Source: P.A. 94-133, eff. 7-1-06 .)
|
(110 ILCS 947/65.70)
|
Sec. 65.70. Optometric Education Scholarship Program.
|
|
(a) The General Assembly finds and declares that the |
provision of graduate
education leading to a doctoral degree in |
optometry for persons of this State
who desire
such an |
education is important to the health and welfare of this State |
and
Nation and,
consequently, is an important public purpose. |
Many qualified potential
optometrists are
deterred by |
financial considerations from pursuing their optometric |
education
with
consequent irreparable loss to the State and |
Nation of talents vital to health
and welfare.
A program of |
scholarships, repayment of which may be excused if the |
individual
practices professional optometry in this State, |
will enable such individuals to
attend
qualified public or |
private institutions of their choice in the State.
|
(b) Beginning with the 2003-2004 academic year, the |
Commission shall, each
year, consider applications for |
scholarship assistance under this Section. An
applicant is
|
eligible for a scholarship under this Section if the Commission |
finds that
the applicant
is:
|
(1) a United States citizen or eligible noncitizen;
|
(2) a resident of Illinois; and
|
(3) enrolled on a full-time basis in a public or |
private college of
optometry
located in this State that |
awards a doctorate degree in optometry and is
approved
by |
the Department of Professional Regulation.
|
(c) Each year the Commission shall award 10 scholarships |
under this Section
among applicants qualified pursuant to |
|
subsection (b). Two of these
scholarships each
shall be awarded |
to eligible applicants enrolled in their first year, second
|
year, third year,
and fourth year. The remaining 2 scholarships |
shall be awarded to any level of
student.
The Commission shall |
receive funding for the scholarships through
appropriations |
from
the Optometric Licensing and Disciplinary Board Fund. If |
in any year the number
of
qualified applicants exceeds the |
number of scholarships to be awarded, the
Commission
shall give |
priority in awarding scholarships to students demonstrating
|
exceptional merit and who are in financial need. A
scholarship
|
shall be in the amount of $5,000 each year applicable to |
tuition and fees.
|
(d) The total amount of scholarship assistance awarded by |
the Commission
under
this Section to an individual in any given |
fiscal year, when added to other
financial
assistance awarded |
to that individual for that year, shall not exceed the cost
of |
attendance
at the institution at which the student is enrolled.
|
(e) A recipient may receive up to 8 semesters or 12 |
quarters of scholarship
assistance under this Section.
|
(f) Subject to a separate appropriation made for such |
purposes, payment of
any
scholarship awarded under this Section |
shall be determined by the Commission.
All scholarship funds |
distributed in accordance with this Section shall be paid
to |
the
institution on behalf of the recipients. Scholarship funds |
are applicable
toward 2
semesters or 3 quarters of enrollment |
within an academic year.
|
|
(g) The Commission shall administer the Optometric |
Education Scholarship
Program established by this Section and |
shall make all necessary and proper
rules not
inconsistent with |
this Section for its effective implementation.
|
(h) Prior to receiving scholarship assistance for any |
academic year, each
recipient of a scholarship awarded under |
this Section shall be required by the
Commission to sign an |
agreement under which the recipient pledges that, within
the
|
one-year period following the termination of the academic |
program for which the
recipient was awarded a scholarship, the |
recipient shall practice in this State
as a
licensed |
optometrist under the Illinois Optometric Practice Act of 1987 |
for a
period of not
less than one year for each year of |
scholarship assistance awarded under this
Section.
Each |
recipient shall, upon request of the Commission, provide the |
Commission
with
evidence that he or she is fulfilling or has |
fulfilled the terms of the
practice agreement
provided for in |
this subsection.
|
(i) If a recipient of a scholarship awarded under this |
Section fails to
fulfill the
practice obligation set forth in |
subsection (h) of this Section, the
Commission shall
require |
the recipient to repay the amount of the scholarships received,
|
prorated according
to the fraction of the obligation not |
completed, plus interest at a rate of 5%
and, if
applicable, |
reasonable collection fees. The Commission is authorized to
|
establish rules
relating to its collection activities for |
|
repayment of scholarships under this
Section.
|
(j) A recipient of a scholarship awarded by the Commission |
under this
Section
shall not be in violation of the agreement |
entered into pursuant to subsection
(h) if the recipient (i) is |
serving as a member of the armed services of the
United States;
|
(ii) is
enrolled in a residency program following graduation at |
an approved
institution; (iii) is
a person with a temporary |
total disability temporarily totally disabled , as established |
by sworn affidavit of a qualified
physician; or
(iii) cannot |
fulfill the employment obligation due to his or her death,
|
disability, or
incompetency, as established by sworn affidavit |
of a qualified physician. No
claim for
repayment may be filed |
against the estate of such a decedent or incompetent.
Any
|
extension of the period during which the employment requirement |
must be
fulfilled shall
be subject to limitations of duration |
as established by the Commission.
|
(Source: P.A. 92-569, eff. 6-26-02.)
|
(110 ILCS 947/105)
|
Sec. 105. Procedure on default. Upon default by the |
borrower on any
loan guaranteed under this Act, upon the death |
of the borrower, or upon
report from the lender that the |
borrower has become a person with a total and permanent |
disability totally and permanently
disabled , as determined in |
accordance with the Higher Education Act of
1965, the lender |
shall promptly notify the Commission, and the Commission shall
|
|
pay to the lender the amount of loss sustained by the lender |
upon that loan as
soon as that amount has been determined. The |
amount of loss on any loan shall
be determined in accordance |
with the definitions, rules, and regulations of the
Commission, |
and shall not exceed (1) the unpaid balance of the principal
|
amount; (2) the unpaid accrued interest; and (3) the unpaid |
late charges.
|
Upon payment by the Commission of the guaranteed portion of |
the loss,
the Commission shall be subrogated to the rights of |
the holder of the
obligation upon the insured loan and shall be |
entitled to an assignment of
the note or other evidence of the |
guaranteed loan by the lender.
The Commission shall file any |
and all lawsuits on delinquent and defaulted
student loans in |
the County of Cook where venue shall be deemed to be proper.
A |
defendant may request a change of venue to the county where he |
resides,
and the court has the authority to grant the change. |
Any defendant, within
30 days of service of summons, may file a |
written request by mail with the
Commission to change venue. |
Upon receipt, the Commission shall move the
court for the |
change of venue.
|
The Commission shall upon the filing and completion of the |
requirements
for the "Adjustment of Debts of an Individual with |
Regular Income", pursuant
to Title 11, Chapter l3 of the United |
States Code, proceed to collect
the outstanding balance of the |
loan guaranteed under this Act. Educational
loans guaranteed |
under this Act shall not be discharged by the filing of
the |
|
"Adjustment of Debts of an Individual with Regular Income", |
unless the
loan first became due more than 5 years, exclusive |
of any applicable suspension
period, prior to the filing of the |
petition; or unless excepting the debt from
discharge will |
impose an undue hardship on the debtor and the debtor's
|
dependents.
|
The Commission shall proceed to recover educational loans |
upon the filing
of a petition under "Individual Liquidation", |
pursuant to Title 11, Chapter
7 of the United States Code, |
unless the loan first became due more than 5
years, exclusive |
of any applicable suspension period, prior to the filing of
the |
petition; or unless excepting the debt from discharge will |
impose an undue
hardship on the debtor and the debtor's |
dependents.
|
Nothing in this Section shall be construed to preclude any |
forbearance
for the benefit of the borrower which may be agreed |
upon by the
party to the guaranteed loan and approved by the |
Commission, to preclude
forbearance by the Commission in the |
enforcement of the guaranteed
obligation after payment on that |
guarantee, or to require collection of the
amount of any loan |
by the lender or by the Commission from the estate of a
|
deceased borrower or from a borrower found by the lender to |
have become
a person with a total and permanent disability |
permanently and totally disabled .
|
Nothing in this Section shall be construed to excuse the |
holder of a
loan from exercising reasonable care and diligence |
|
in the making and
collection of loans under this Act. If the |
Commission after reasonable
notice and opportunity for hearing |
to a lender finds that it has
substantially failed to exercise |
such care and diligence, the Commission
shall disqualify that |
lender for the guarantee of further loans until the
Commission |
is satisfied that the lender's failure has ceased and finds |
that
there is reasonable assurance that the lender will in the |
future exercise
necessary care and diligence or comply with the |
rules and regulations of
the Commission.
|
(Source: P.A. 87-997.)
|
Section 470. The Nurse Educator Assistance Act is amended |
by changing Section 15-30 as follows:
|
(110 ILCS 967/15-30)
|
Sec. 15-30. Repayment upon default; exception.
|
(a) If a recipient of a scholarship awarded under this |
Section fails to fulfill the work agreement required under the |
program, the Commission shall require the recipient to repay |
the amount of the scholarship or scholarships received, |
prorated according to the fraction of the work agreement not |
completed, plus interest at a rate of 5% and, if applicable, |
reasonable collection fees.
|
(b) Payments received by the Commission under this Section |
shall be remitted to the State Comptroller for deposit into the |
General Revenue Fund, except that that portion of a recipient's |
|
repayment that equals the amount in expenses that the |
Commission has reasonably incurred in attempting collection |
from that recipient shall be remitted to the State Comptroller |
for deposit into the Commission's Accounts Receivable Fund.
|
(c) A recipient of a scholarship awarded by the Commission |
under the program shall not be in violation of the agreement |
entered into pursuant to this Article if the recipient is (i) |
serving as a member of the armed services of the United States, |
(ii) a person with a temporary total disability temporarily |
totally disabled , as established by a sworn affidavit of a |
qualified physician, (iii) seeking and unable to find full-time |
employment as a nursing educator and is able to provide |
evidence of that fact, or (iv) taking additional courses, on at |
least a half-time basis, related to nursing education. Any |
extension of the period during which the work requirement must |
be fulfilled shall be subject to limitations of duration |
established by the Commission.
|
(Source: P.A. 94-1020, eff. 7-11-06.)
|
Section 475. The Senior Citizen Courses Act is amended by |
changing Section 1 as follows:
|
(110 ILCS 990/1) (from Ch. 144, par. 1801)
|
Sec. 1. Definitions. For the purposes of this Act:
|
(a) "Public institutions of higher education" means the |
University of
Illinois, Southern Illinois University,
Chicago |
|
State University, Eastern Illinois University, Governors State
|
University, Illinois State University, Northeastern Illinois |
University,
Northern Illinois University, Western Illinois |
University, and
the public community colleges subject to the |
"Public Community College Act".
|
(b) "Credit Course" means any program of study for which |
public
institutions of higher education award credit hours.
|
(c) "Senior citizen" means any person 65 years or older |
whose annual
household income is less than the threshold amount |
provided in Section 4 of
the "Senior Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief Act", |
approved July 17, 1972, as amended.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 480. The Illinois Banking Act is amended by |
changing Section 48.1 as follows:
|
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
|
Sec. 48.1. Customer financial records; confidentiality.
|
(a) For the purpose of this Section, the term "financial |
records" means any
original, any copy, or any summary of:
|
(1) a document granting signature
authority over a |
deposit or account;
|
(2) a statement, ledger card or other
record on any |
deposit or account, which shows each transaction in or with
|
respect to that account;
|
|
(3) a check, draft or money order drawn on a bank
or |
issued and payable by a bank; or
|
(4) any other item containing
information pertaining |
to any relationship established in the ordinary
course of a |
bank's business between a bank and its customer, including
|
financial statements or other financial information |
provided by the customer.
|
(b) This Section does not prohibit:
|
(1) The preparation, examination, handling or |
maintenance of any
financial records by any officer, |
employee or agent of a bank
having custody of the records, |
or the examination of the records by a
certified public |
accountant engaged by the bank to perform an independent
|
audit.
|
(2) The examination of any financial records by, or the |
furnishing of
financial records by a bank to, any officer, |
employee or agent of (i) the
Commissioner of Banks and Real |
Estate, (ii) after May
31, 1997, a state regulatory |
authority authorized to examine a branch of a
State bank |
located in another state, (iii) the Comptroller of the |
Currency,
(iv) the Federal Reserve Board, or (v) the |
Federal Deposit Insurance
Corporation for use solely in the |
exercise of his duties as an officer,
employee, or agent.
|
(3) The publication of data furnished from financial |
records
relating to customers where the data cannot be |
identified to any
particular customer or account.
|
|
(4) The making of reports or returns required under |
Chapter 61 of
the Internal Revenue Code of 1986.
|
(5) Furnishing information concerning the dishonor of |
any negotiable
instrument permitted to be disclosed under |
the Uniform Commercial Code.
|
(6) The exchange in the regular course of business of |
(i) credit
information
between a bank and other banks or |
financial institutions or commercial
enterprises, directly |
or through a consumer reporting agency or (ii)
financial |
records or information derived from financial records |
between a bank
and other banks or financial institutions or |
commercial enterprises for the
purpose of conducting due |
diligence pursuant to a purchase or sale involving
the bank |
or assets or liabilities of the bank.
|
(7) The furnishing of information to the appropriate |
law enforcement
authorities where the bank reasonably |
believes it has been the victim of a
crime.
|
(8) The furnishing of information under the Uniform |
Disposition of
Unclaimed Property Act.
|
(9) The furnishing of information under the Illinois |
Income Tax Act and
the Illinois Estate and |
Generation-Skipping Transfer Tax Act.
|
(10) The furnishing of information under the federal |
Currency
and Foreign Transactions Reporting Act Title 31, |
United States
Code, Section 1051 et seq.
|
(11) The furnishing of information under any other |
|
statute that
by its terms or by regulations promulgated |
thereunder requires the disclosure
of financial records |
other than by subpoena, summons, warrant, or court order.
|
(12) The furnishing of information about the existence |
of an account
of a person to a judgment creditor of that |
person who has made a written
request for that information.
|
(13) The exchange in the regular course of business of |
information
between commonly owned banks in connection |
with a transaction authorized
under paragraph (23) of
|
Section 5 and conducted at an affiliate facility.
|
(14) The furnishing of information in accordance with |
the federal
Personal Responsibility and Work Opportunity |
Reconciliation Act of 1996.
Any bank governed by this Act |
shall enter into an agreement for data
exchanges with a |
State agency provided the State agency
pays to the bank a |
reasonable fee not to exceed its
actual cost incurred. A |
bank providing
information in accordance with this item |
shall not be liable to any account
holder or other person |
for any disclosure of information to a State agency, for
|
encumbering or surrendering any assets held by the bank in |
response to a lien
or order to withhold and deliver issued |
by a State agency, or for any other
action taken pursuant |
to this item, including individual or mechanical errors,
|
provided the action does not constitute gross negligence or |
willful misconduct.
A bank shall have no obligation to |
hold, encumber, or surrender assets until
it has been |
|
served with a subpoena, summons, warrant, court or |
administrative
order,
lien, or levy.
|
(15) The exchange in the regular course of business of |
information
between
a bank and any commonly owned affiliate |
of the bank, subject to the provisions
of the Financial |
Institutions Insurance Sales Law.
|
(16) The furnishing of information to law enforcement |
authorities, the
Illinois Department on
Aging and its |
regional administrative and provider agencies, the |
Department of
Human Services Office
of Inspector General, |
or public guardians: (i) upon subpoena by the investigatory |
entity or the guardian, or (ii) if there is suspicion by |
the bank that a customer
who is an elderly person or person |
with a disability or
disabled person has been or may become |
the victim of financial exploitation.
For the purposes of |
this
item (16), the term: (i) "elderly person" means a |
person who is 60 or more
years of age, (ii) "disabled
|
person" means a person who has or reasonably appears to the |
bank to have a
physical or mental
disability that impairs |
his or her ability to seek or obtain protection from or
|
prevent financial
exploitation, and (iii) "financial |
exploitation" means tortious or illegal use
of the assets |
or resources of
an elderly or disabled person, and |
includes, without limitation,
misappropriation of the |
elderly or
disabled person's assets or resources by undue |
influence, breach of fiduciary
relationship, intimidation,
|
|
fraud, deception, extortion, or the use of assets or |
resources in any manner
contrary to law. A bank or
person |
furnishing information pursuant to this item (16) shall be |
entitled to
the same rights and
protections as a person |
furnishing information under the Adult Protective Services |
Act and the Illinois
Domestic Violence Act of 1986.
|
(17) The disclosure of financial records or |
information as necessary to
effect, administer, or enforce |
a transaction requested or authorized by the
customer, or |
in connection with:
|
(A) servicing or processing a financial product or |
service requested or
authorized by the customer;
|
(B) maintaining or servicing a customer's account |
with the bank; or
|
(C) a proposed or actual securitization or |
secondary market sale
(including sales of servicing |
rights) related to a
transaction of a customer.
|
Nothing in this item (17), however, authorizes the sale |
of the financial
records or information of a customer |
without the consent of the customer.
|
(18) The disclosure of financial records or |
information as necessary to
protect against actual or |
potential fraud, unauthorized transactions, claims,
or |
other liability.
|
(19)(a) The disclosure of financial records or |
information
related to a private label credit program |
|
between a financial
institution and a private label party |
in connection with that
private label credit program. Such |
information is limited to
outstanding balance, available |
credit, payment and performance
and account history, |
product references, purchase information,
and information
|
related to the identity of the customer.
|
(b)(l) For purposes of this paragraph (19) of |
subsection
(b) of Section 48.1, a "private label credit |
program" means a
credit program involving a financial |
institution and a private label
party that is used by a |
customer of the financial institution and the
private label |
party primarily for payment for goods or services
sold, |
manufactured, or distributed by a private label party.
|
(2) For purposes of this paragraph (19) of subsection |
(b)
of Section 48.l, a "private label party" means, with |
respect to a
private label credit program, any of the |
following: a
retailer, a merchant, a manufacturer, a trade |
group,
or any such person's affiliate, subsidiary, member,
|
agent, or service provider.
|
(c) Except as otherwise provided by this Act, a bank may |
not disclose to
any person, except to the customer or his
duly |
authorized agent, any financial records or financial |
information
obtained from financial records relating to that |
customer of
that bank unless:
|
(1) the customer has authorized disclosure to the |
person;
|
|
(2) the financial records are disclosed in response to |
a lawful
subpoena, summons, warrant, citation to discover |
assets, or court order which meets the requirements
of |
subsection (d) of this Section; or
|
(3) the bank is attempting to collect an obligation |
owed to the bank
and the bank complies with the provisions |
of Section 2I of the Consumer
Fraud and Deceptive Business |
Practices Act.
|
(d) A bank shall disclose financial records under paragraph |
(2) of
subsection (c) of this Section under a lawful subpoena, |
summons, warrant, citation to discover assets, or
court order |
only after the bank mails a copy of the subpoena, summons, |
warrant, citation to discover assets,
or court order to the |
person establishing the relationship with the bank, if
living, |
and, otherwise his personal representative, if known, at his |
last known
address by first class mail, postage prepaid, unless |
the bank is specifically
prohibited from notifying the person |
by order of court or by applicable State
or federal law. A bank |
shall not mail a copy of a subpoena to any person
pursuant to |
this subsection if the subpoena was issued by a grand jury |
under
the Statewide Grand Jury Act.
|
(e) Any officer or employee of a bank who knowingly and
|
willfully furnishes financial records in violation of this |
Section is
guilty of a business offense and, upon conviction, |
shall be fined not
more than $1,000.
|
(f) Any person who knowingly and willfully induces or |
|
attempts to
induce any officer or employee of a bank to |
disclose financial
records in violation of this Section is |
guilty of a business offense
and, upon conviction, shall be |
fined not more than $1,000.
|
(g) A bank shall be reimbursed for costs that are |
reasonably necessary
and that have been directly incurred in |
searching for, reproducing, or
transporting books, papers, |
records, or other data of a customer required or
requested to |
be produced pursuant to a lawful subpoena, summons, warrant, |
citation to discover assets, or
court order. The Commissioner |
shall determine the rates and conditions
under which payment |
may be made.
|
(Source: P.A. 98-49, eff. 7-1-13.)
|
Section 485. The Savings Bank Act is amended by changing |
Section 4013 as follows:
|
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
|
Sec. 4013. Access to books and records; communication with |
members
and shareholders. |
(a) Every member or shareholder shall have the right to |
inspect books
and records of the savings bank that pertain to |
his accounts. Otherwise,
the right of inspection and |
examination of the books and records shall be
limited as |
provided in this Act, and no other person shall have access to
|
the books and records nor shall be entitled to a list of the |
|
members or
shareholders.
|
(b) For the purpose of this Section, the term "financial |
records" means
any original, any copy, or any summary of (1) a |
document granting signature
authority over a deposit or |
account; (2) a statement, ledger card, or other
record on any |
deposit or account that shows each transaction in or with
|
respect to that account; (3) a check, draft, or money order |
drawn on a
savings bank or issued and payable by a savings |
bank; or (4) any other item
containing information pertaining |
to any relationship established in the
ordinary course of a |
savings bank's business between a savings bank and
its |
customer, including financial statements or other financial |
information
provided by the member or shareholder.
|
(c) This Section does not prohibit:
|
(1) The preparation examination, handling, or |
maintenance of any
financial records by any officer, |
employee, or agent of a savings bank
having custody of |
records or examination of records by a certified public
|
accountant engaged by the savings bank to perform an |
independent audit.
|
(2) The examination of any financial records by, or the |
furnishing of
financial records by a savings bank to, any |
officer, employee, or agent of
the Commissioner of Banks |
and Real Estate or the federal depository
institution |
regulator for use
solely in
the exercise of his duties as |
an officer, employee, or agent.
|
|
(3) The publication of data furnished from financial |
records relating
to members or holders of capital where the |
data cannot be identified to any
particular member, |
shareholder, or account.
|
(4) The making of reports or returns required under |
Chapter 61 of the
Internal Revenue Code of 1986.
|
(5) Furnishing information concerning the dishonor of |
any negotiable
instrument permitted to be disclosed under |
the Uniform Commercial Code.
|
(6) The exchange in the regular course of business of |
(i) credit
information between a savings bank and other |
savings banks or financial
institutions or commercial |
enterprises, directly or through a consumer
reporting |
agency
or (ii) financial records or information derived |
from financial records
between a savings bank and other |
savings banks or financial institutions or
commercial |
enterprises for the purpose of conducting due diligence |
pursuant to
a purchase or sale involving the savings bank |
or assets or liabilities of the
savings bank.
|
(7) The furnishing of information to the appropriate |
law enforcement
authorities where the savings bank |
reasonably believes it has been the
victim of a crime.
|
(8) The furnishing of information pursuant to the |
Uniform Disposition
of Unclaimed Property Act.
|
(9) The furnishing of information pursuant to the |
Illinois Income Tax
Act
and the Illinois Estate and |
|
Generation-Skipping Transfer Tax Act.
|
(10) The furnishing of information pursuant to the |
federal "Currency
and Foreign Transactions Reporting Act", |
(Title 31, United States Code,
Section 1051 et seq.).
|
(11) The furnishing of information pursuant to any |
other statute which
by its terms or by regulations |
promulgated thereunder requires the
disclosure of |
financial records other than by subpoena, summons, |
warrant, or
court order.
|
(12) The furnishing of information in accordance with |
the federal
Personal Responsibility and Work Opportunity |
Reconciliation Act of 1996.
Any savings bank governed by |
this Act shall enter into an agreement for data
exchanges |
with a State agency provided the State agency
pays to the |
savings bank a reasonable fee not to exceed its
actual cost |
incurred. A savings bank
providing
information in |
accordance with this item shall not be liable to any |
account
holder or other person for any disclosure of |
information to a State agency, for
encumbering or |
surrendering any assets held by the savings bank in |
response to
a lien
or order to withhold and deliver issued |
by a State agency, or for any other
action taken pursuant |
to this item, including individual or mechanical errors,
|
provided the action does not constitute gross negligence or |
willful misconduct.
A savings bank shall have no obligation |
to hold, encumber, or surrender
assets until
it has been |
|
served with a subpoena, summons, warrant, court or |
administrative
order,
lien, or levy.
|
(13) The furnishing of information to law enforcement |
authorities, the
Illinois Department on
Aging and its |
regional administrative and provider agencies, the |
Department of
Human Services Office
of Inspector General, |
or public guardians: (i) upon subpoena by the investigatory |
entity or the guardian, or (ii) if there is suspicion by |
the savings bank that a
customer who is an elderly
person |
or person with a disability or disabled person has been or |
may become the victim of financial exploitation.
For the |
purposes of this
item (13), the term: (i) "elderly person" |
means a person who is 60 or more
years of age, (ii) " person |
with a disability disabled
person " means a person who has |
or reasonably appears to the savings bank to
have a |
physical or mental
disability that impairs his or her |
ability to seek or obtain protection from or
prevent |
financial
exploitation, and (iii) "financial exploitation" |
means tortious or illegal use
of the assets or resources of
|
an elderly person or person with a disability or disabled |
person , and includes, without limitation,
misappropriation |
of the elderly or
disabled person's assets or resources of |
the elderly person or person with a disability by undue |
influence, breach of fiduciary
relationship, intimidation,
|
fraud, deception, extortion, or the use of assets or |
resources in any manner
contrary to law. A savings
bank or |
|
person furnishing information pursuant to this item (13) |
shall be
entitled to the same rights and
protections as a |
person furnishing information under the Adult Protective |
Services Act and the Illinois
Domestic Violence Act of |
1986.
|
(14) The disclosure of financial records or |
information as necessary to
effect, administer, or enforce |
a transaction requested or authorized by the
member or |
holder of capital, or in connection with:
|
(A) servicing or processing a financial product or |
service requested or
authorized by the member or holder |
of capital;
|
(B) maintaining or servicing an account of a member |
or holder of capital
with the savings bank; or
|
(C) a proposed or actual securitization or |
secondary market sale
(including sales of servicing |
rights) related to a
transaction of a member or holder |
of capital.
|
Nothing in this item (14), however, authorizes the sale |
of the financial
records or information of a member or |
holder of capital without the consent of
the member or |
holder of capital.
|
(15) The exchange in the regular course of business of |
information between
a
savings bank and any commonly owned |
affiliate of the savings bank, subject to
the provisions of |
the Financial Institutions Insurance Sales Law.
|
|
(16) The disclosure of financial records or |
information as necessary to
protect against or prevent |
actual or potential fraud, unauthorized
transactions, |
claims, or other liability.
|
(17)(a) The disclosure of financial records or |
information
related to a private label credit program |
between a financial
institution and a private label party |
in connection
with that private label credit program. Such |
information
is limited to outstanding balance, available |
credit, payment and
performance and account history, |
product references, purchase
information,
and information |
related to the identity of the
customer.
|
(b)(l) For purposes of this paragraph (17) of |
subsection
(c) of Section 4013, a "private label credit |
program" means a
credit program involving a financial |
institution and a private label
party that is used by a |
customer of the financial institution and the
private label |
party primarily for payment for goods or services
sold, |
manufactured, or distributed by a private label party.
|
(2) For purposes of this paragraph (17) of subsection |
(c)
of Section 4013, a "private label party" means, with |
respect to a
private label credit program, any of the |
following: a
retailer, a merchant, a manufacturer, a trade |
group,
or any such person's affiliate, subsidiary, member,
|
agent, or service provider.
|
(d) A savings bank may not disclose to any person, except |
|
to the member
or holder of capital or his duly authorized |
agent, any financial records
relating to that member or |
shareholder of the savings bank unless:
|
(1) the member or shareholder has authorized |
disclosure to the person; or
|
(2) the financial records are disclosed in response to |
a lawful
subpoena, summons, warrant, citation to discover |
assets, or court order that meets the requirements of
|
subsection (e) of this Section.
|
(e) A savings bank shall disclose financial records under |
subsection (d)
of this Section pursuant to a lawful subpoena, |
summons, warrant, citation to discover assets, or court
order |
only after the savings bank mails a copy of the subpoena, |
summons,
warrant, citation to discover assets, or court order |
to the person establishing the relationship with
the savings |
bank, if living, and otherwise, his personal representative, if
|
known, at his last known address by first class mail, postage |
prepaid,
unless the savings bank is specifically prohibited |
from notifying the
person by order of court.
|
(f) Any officer or employee of a savings bank who knowingly |
and
willfully furnishes financial records in violation of this |
Section is
guilty of a business offense and, upon conviction, |
shall be fined not
more than $1,000.
|
(g) Any person who knowingly and willfully induces or |
attempts to
induce any officer or employee of a savings bank to |
disclose financial
records in violation of this Section is |
|
guilty of a business offense and,
upon conviction, shall be |
fined not more than $1,000.
|
(h) If any member or shareholder desires to communicate |
with the other
members or shareholders of the savings bank with |
reference to any question
pending or to be presented at an |
annual or special meeting, the savings
bank shall give that |
person, upon request, a statement of the approximate
number of |
members or shareholders entitled to vote at the meeting and an
|
estimate of the cost of preparing and mailing the |
communication. The
requesting member shall submit the |
communication to the Commissioner
who, upon finding it to be |
appropriate and truthful, shall direct that it
be prepared and |
mailed to the members upon the requesting member's or
|
shareholder's payment or adequate provision for payment of the |
expenses of
preparation and mailing.
|
(i) A savings bank shall be reimbursed for costs that are |
necessary and
that have been directly incurred in searching |
for, reproducing, or
transporting books, papers, records, or |
other data of a customer required
to be reproduced pursuant to |
a lawful subpoena, warrant, citation to discover assets, or |
court order.
|
(j) Notwithstanding the provisions of this Section, a |
savings bank may
sell or otherwise make use of lists of |
customers' names and addresses. All
other information |
regarding a customer's account are subject to the
disclosure |
provisions of this Section. At the request of any customer,
|
|
that customer's name and address shall be deleted from any list |
that is to
be sold or used in any other manner beyond |
identification of the customer's
accounts.
|
(Source: P.A. 98-49, eff. 7-1-13.)
|
Section 490. The Illinois Credit Union Act is amended by |
changing Section 10 as follows:
|
(205 ILCS 305/10) (from Ch. 17, par. 4411)
|
Sec. 10. Credit union records; member financial records.
|
(1) A credit union shall establish and maintain books, |
records, accounting
systems and procedures which accurately |
reflect its operations and which
enable the Department to |
readily ascertain the true financial condition
of the credit |
union and whether it is complying with this Act.
|
(2) A photostatic or photographic reproduction of any |
credit union records
shall be admissible as evidence of |
transactions with the credit union.
|
(3)(a) For the purpose of this Section, the term "financial |
records"
means any original, any copy, or any summary of (1) a |
document granting
signature authority over an account, (2) a |
statement, ledger card or other
record on any account which |
shows each transaction in or with respect to
that account, (3) |
a check, draft or money order drawn on a financial
institution |
or other entity or issued and payable by or through a financial
|
institution or other entity, or (4) any other item containing |
|
information
pertaining to any relationship established in the |
ordinary course of
business between a credit union and its |
member, including financial
statements or other financial |
information provided by the member.
|
(b) This Section does not prohibit:
|
(1) The preparation, examination, handling or |
maintenance of any
financial records by any officer, |
employee or agent of a credit union
having custody of such |
records, or the examination of such records by a
certified |
public accountant engaged by the credit union to perform an
|
independent audit.
|
(2) The examination of any financial records by or the |
furnishing of
financial records by a credit union to any |
officer, employee or agent of
the Department, the National |
Credit Union Administration, Federal Reserve
board or any |
insurer of share accounts for use solely in the exercise of
|
his duties as an officer, employee or agent.
|
(3) The publication of data furnished from financial |
records relating
to members where the data cannot be |
identified to any particular customer
of account.
|
(4) The making of reports or returns required under |
Chapter 61 of the
Internal Revenue Code of 1954.
|
(5) Furnishing information concerning the dishonor of |
any negotiable
instrument permitted to be disclosed under |
the Uniform Commercial
Code.
|
(6) The exchange in the regular course of business
of |
|
(i) credit information
between a credit union and other |
credit unions or financial institutions
or commercial |
enterprises, directly or through a consumer reporting |
agency
or (ii) financial records or information derived |
from financial records
between a credit union and other |
credit unions or financial institutions or
commercial |
enterprises for
the purpose of conducting due diligence |
pursuant to a merger or a purchase or
sale of assets or |
liabilities of the credit union.
|
(7) The furnishing of information to the appropriate |
law enforcement
authorities where the credit union |
reasonably believes it has been the victim
of a crime.
|
(8) The furnishing of information pursuant to the |
Uniform Disposition
of Unclaimed Property Act.
|
(9) The furnishing of information pursuant to the |
Illinois Income Tax
Act and the Illinois Estate and |
Generation-Skipping Transfer Tax Act.
|
(10) The furnishing of information pursuant to the |
federal "Currency
and Foreign Transactions Reporting Act", |
Title 31, United States Code,
Section 1051 et sequentia.
|
(11) The furnishing of information pursuant to any |
other statute which
by its terms or by regulations |
promulgated thereunder requires the disclosure
of |
financial records other than by subpoena, summons, warrant |
or court order.
|
(12) The furnishing of information in accordance with |
|
the federal
Personal Responsibility and Work Opportunity |
Reconciliation Act of 1996.
Any credit union governed by |
this Act shall enter into an agreement for data
exchanges |
with a State agency provided the State agency
pays to the |
credit union a reasonable fee not to exceed its
actual cost |
incurred. A credit union
providing
information in |
accordance with this item shall not be liable to any |
account
holder or other person for any disclosure of |
information to a State agency, for
encumbering or |
surrendering any assets held by the credit union in |
response to
a lien
or order to withhold and deliver issued |
by a State agency, or for any other
action taken pursuant |
to this item, including individual or mechanical errors,
|
provided the action does not constitute gross negligence or |
willful misconduct.
A credit union shall have no obligation |
to hold, encumber, or surrender
assets until
it has been |
served with a subpoena, summons, warrant, court or |
administrative
order, lien, or levy.
|
(13) The furnishing of information to law enforcement |
authorities, the
Illinois Department on
Aging and its |
regional administrative and provider agencies, the |
Department of
Human Services Office
of Inspector General, |
or public guardians: (i) upon subpoena by the investigatory |
entity or the guardian, or (ii) if there is suspicion by |
the credit union that a
member who is an elderly person or |
person with a disability or
disabled person has been or may |
|
become the victim of financial exploitation.
For the |
purposes of this
item (13), the term: (i) "elderly person" |
means a person who is 60 or more
years of age, (ii) "person |
with a disability" "disabled
person" means a person who has |
or reasonably appears to the credit union to
have a |
physical or mental
disability that impairs his or her |
ability to seek or obtain protection from or
prevent |
financial
exploitation, and (iii) "financial exploitation" |
means tortious or illegal use
of the assets or resources of
|
an elderly person or person with a disability or disabled |
person , and includes, without limitation,
misappropriation |
of the elderly or
disabled person's assets or resources by |
undue influence, breach of fiduciary
relationship, |
intimidation,
fraud, deception, extortion, or the use of |
assets or resources in any manner
contrary to law. A credit
|
union or person furnishing information pursuant to this |
item (13) shall be
entitled to the same rights and
|
protections as a person furnishing information under the |
Adult Protective Services Act and the Illinois
Domestic |
Violence Act of 1986.
|
(14) The disclosure of financial records or |
information as necessary
to
effect, administer, or enforce |
a transaction requested or authorized by the
member, or in |
connection with:
|
(A) servicing or processing a financial product or |
service requested
or
authorized by the member;
|
|
(B) maintaining or servicing a member's account |
with the credit union;
or
|
(C) a proposed or actual securitization or |
secondary market sale
(including sales of servicing |
rights) related to a
transaction of a member.
|
Nothing in this item (14), however, authorizes the sale |
of the financial
records or information of a member without |
the consent of the member.
|
(15) The disclosure of financial records or |
information as necessary to
protect against or prevent |
actual or potential fraud, unauthorized
transactions, |
claims, or other liability.
|
(16)(a) The disclosure of financial records or |
information
related to a private label credit program |
between a financial
institution and a private label party |
in connection
with that private label credit program. Such |
information
is limited to outstanding balance, available |
credit, payment and
performance and account history, |
product references, purchase
information,
and information |
related to the identity of the
customer.
|
(b)(l) For purposes of this paragraph (16) of |
subsection
(b) of Section 10, a "private label credit |
program" means a credit
program involving a financial |
institution and a private label party
that is used by a |
customer of the financial institution and the
private label |
party primarily for payment for goods or services
sold, |
|
manufactured, or distributed by a private label party.
|
(2) For purposes of this paragraph (16) of subsection |
(b)
of Section 10, a "private label party" means, with |
respect to a
private label credit program, any of the |
following: a
retailer, a merchant, a manufacturer, a trade |
group,
or any such person's affiliate, subsidiary, member,
|
agent, or service provider.
|
(c) Except as otherwise provided by this Act, a credit |
union may not
disclose to any person, except to the member
or |
his duly authorized agent, any financial records relating to |
that member
of the credit union unless:
|
(1) the member has authorized disclosure to the person;
|
(2) the financial records are disclosed in response to |
a lawful
subpoena,
summons, warrant, citation to discover |
assets, or court order that meets the requirements of |
subparagraph
(d) of this Section; or
|
(3) the credit union is attempting to collect an |
obligation owed to
the credit union and the credit union |
complies with the provisions of
Section 2I of the Consumer |
Fraud and Deceptive Business Practices Act.
|
(d) A credit union shall disclose financial records under |
subparagraph
(c)(2) of this Section pursuant to a lawful |
subpoena, summons, warrant, citation to discover assets, or
|
court order only after the credit union mails a copy of the |
subpoena, summons,
warrant, citation to discover assets, or |
court order to the person establishing the relationship with
|
|
the credit union, if living, and otherwise his personal |
representative,
if known, at his last known address by first |
class mail, postage prepaid
unless the credit union is |
specifically prohibited from notifying the person
by order of |
court or by applicable State or federal law. In the case
of a |
grand jury subpoena, a credit union shall not mail a copy of a |
subpoena
to any person pursuant to this subsection if the |
subpoena was issued by a grand
jury under the Statewide Grand |
Jury Act or notifying the
person would constitute a violation |
of the federal Right to Financial
Privacy Act of 1978.
|
(e)(1) Any officer or employee of a credit union who |
knowingly and
wilfully furnishes financial records in |
violation of this Section is guilty of
a business offense and |
upon conviction thereof shall be fined not more than
$1,000.
|
(2) Any person who knowingly and wilfully induces or |
attempts to induce
any officer or employee of a credit union to |
disclose financial records
in violation of this Section is |
guilty of a business offense and upon
conviction thereof shall |
be fined not more than $1,000.
|
(f) A credit union shall be reimbursed for costs which are |
reasonably
necessary and which have been directly incurred in |
searching for,
reproducing or transporting books, papers, |
records or other data of a
member required or requested to be |
produced pursuant to a lawful subpoena,
summons, warrant, |
citation to discover assets, or court order. The Secretary and |
the Director may determine, by rule, the
rates and
conditions |
|
under which payment shall be made. Delivery of requested |
documents
may be delayed until final reimbursement of all costs |
is received.
|
(Source: P.A. 97-133, eff. 1-1-12; 98-49, eff. 7-1-13.)
|
Section 495. The Assisted Living and Shared Housing Act is |
amended by changing Section 75 as follows:
|
(210 ILCS 9/75)
|
Sec. 75. Residency Requirements.
|
(a) No individual shall be accepted for residency or remain |
in residence if
the
establishment cannot provide or secure |
appropriate
services, if the individual
requires a level of |
service or type of service for which the establishment is
not |
licensed or
which the establishment does not provide, or if the |
establishment does not have
the staff
appropriate in numbers |
and with appropriate skill to provide such services.
|
(b) Only adults may be accepted for residency.
|
(c) A person shall not be accepted for residency if:
|
(1) the person poses a serious threat to himself or |
herself or to others;
|
(2) the person is not able to communicate his or her |
needs and no
resident representative
residing in the |
establishment, and with a prior relationship to the person,
|
has been appointed to direct the provision of
services;
|
(3) the person requires total assistance with 2 or more |
|
activities of
daily
living;
|
(4) the person requires the assistance of more than one |
paid caregiver at
any given time
with an activity of daily |
living;
|
(5) the person requires more than minimal assistance in |
moving to a safe
area in an
emergency;
|
(6) the person has a severe mental illness, which for |
the purposes of
this Section
means a condition that is |
characterized by the presence of a major mental
disorder
as |
classified in the Diagnostic and Statistical Manual of |
Mental Disorders,
Fourth
Edition (DSM-IV) (American |
Psychiatric Association, 1994), where the individual
is a |
person with a substantial disability substantially |
disabled due to mental illness in the areas of
|
self-maintenance,
social functioning, activities of |
community living and work skills, and the
disability
|
specified is expected to be present for a period of not |
less than one year, but
does not
mean Alzheimer's disease |
and other forms of dementia based on organic or
physical |
disorders;
|
(7) the person requires intravenous therapy or |
intravenous feedings
unless self-administered or |
administered by a qualified, licensed health care
|
professional;
|
(8) the person requires gastrostomy feedings unless |
self-administered or
administered
by a licensed health |
|
care professional;
|
(9) the person requires insertion, sterile irrigation, |
and replacement of
catheter, except
for routine |
maintenance of urinary catheters, unless the catheter care |
is
self-administered or administered by a licensed health |
care professional;
|
(10) the person requires sterile wound care unless care |
is
self-administered or
administered by a licensed health |
care professional;
|
(11) the person requires sliding scale insulin |
administration unless
self-performed or
administered by a |
licensed health care professional;
|
(12) the person is a diabetic requiring routine insulin |
injections unless
the injections
are self-administered or |
administered by a licensed health care professional;
|
(13) the person requires treatment of stage 3 or stage |
4 decubitus ulcers
or exfoliative
dermatitis;
|
(14) the person requires 5 or more skilled nursing |
visits per week for
conditions other
than those listed in |
items (13) and (15) of this subsection for a
period of 3
|
consecutive weeks or more except when the course of |
treatment is expected to
extend beyond a 3 week period for |
rehabilitative purposes and is certified as
temporary by a |
physician; or
|
(15) other reasons prescribed by the Department by |
rule.
|
|
(d) A resident with a condition listed in items (1) through |
(15) of
subsection (c) shall have
his or her residency |
terminated.
|
(e) Residency shall be terminated when services available |
to the resident
in
the establishment
are no longer adequate to |
meet the needs of the resident. This provision shall
not
be |
interpreted as
limiting the authority of the Department to |
require the residency termination
of individuals.
|
(f) Subsection (d) of this Section shall not apply to
|
terminally
ill residents who
receive or would qualify for |
hospice care and such care is coordinated by
a hospice program |
licensed
under the Hospice
Program
Licensing Act or other |
licensed health care professional employed by a
licensed home |
health
agency and the establishment and all parties agree to |
the continued residency.
|
(g) Items (3), (4), (5), and (9) of subsection (c) shall |
not apply to
a quadriplegic, paraplegic, or
individual with |
neuro-muscular diseases, such as muscular dystrophy and
|
multiple
sclerosis, or other chronic diseases and conditions as |
defined by rule if the
individual is able
to communicate his or |
her needs and does not require assistance with complex
medical
|
problems, and the establishment is able to accommodate the |
individual's needs.
The Department shall prescribe rules |
pursuant to this Section that address
special safety and |
service needs of these individuals.
|
(h) For the purposes of items (7) through (10) of |
|
subsection (c), a
licensed health care professional may not
be |
employed by the owner or operator of the establishment, its |
parent entity,
or any other entity with ownership common to |
either the owner or operator of
the establishment or parent |
entity, including but not limited to an affiliate
of the owner |
or operator of the establishment. Nothing in this Section is
|
meant to limit a resident's right to
choose his or her health |
care provider.
|
(i) Subsection (h) is not applicable to residents admitted |
to an assisted living establishment under a life care contract |
as defined in the Life Care Facilities Act if the life care |
facility has both an assisted living establishment and a |
skilled nursing facility. A licensed health care professional |
providing health-related or supportive services at a life care |
assisted living or shared housing establishment must be |
employed by an entity licensed by the Department under the |
Nursing Home Care Act or the Home Health, Home Services, and |
Home Nursing Agency Licensing Act.
|
(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; |
95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
|
Section 500. The Abused and Neglected Long Term Care |
Facility Residents Reporting
Act is amended by changing Section |
6 as follows:
|
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
|
|
Sec. 6. All reports of suspected abuse or neglect made |
under this Act
shall be made immediately by telephone to the |
Department's central register
established under Section 14 on |
the single, State-wide, toll-free telephone
number established |
under Section 13, or in person or by telephone through
the |
nearest Department office. No long term care facility |
administrator,
agent or employee, or any other person, shall |
screen reports or otherwise
withhold any reports from the |
Department, and no long term care facility,
department of State |
government, or other agency shall establish any rules,
|
criteria, standards or guidelines to the contrary. Every long |
term care
facility, department of State government and other |
agency whose employees
are required to make or cause to be made |
reports under Section 4 shall
notify its employees of the |
provisions of that Section and of this Section,
and provide to |
the Department documentation that such notification has been
|
given. The Department of Human Services shall train all of its |
mental health and developmental
disabilities employees in the |
detection and reporting of suspected
abuse and neglect of |
residents. Reports made to the central register
through the |
State-wide, toll-free telephone number shall be transmitted to
|
appropriate Department offices and municipal health |
departments that have
responsibility for licensing long term |
care facilities under the Nursing
Home Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or the |
ID/DD Community Care Act. All reports received through offices |
|
of the Department
shall be forwarded to the central register, |
in a manner and form described
by the Department. The |
Department shall be capable of receiving reports of
suspected |
abuse and neglect 24 hours a day, 7 days a week. Reports shall
|
also be made in writing deposited in the U.S. mail, postage |
prepaid, within
24 hours after having reasonable cause to |
believe that the condition of the
resident resulted from abuse |
or neglect. Such reports may in addition be
made to the local |
law enforcement agency in the same manner. However, in
the |
event a report is made to the local law enforcement agency, the
|
reporter also shall immediately so inform the Department. The |
Department
shall initiate an investigation of each report of |
resident abuse and
neglect under this Act, whether oral or |
written, as provided for in Section 3-702 of the Nursing Home |
Care Act, Section 2-208 of the Specialized Mental Health |
Rehabilitation Act of 2013, or Section 3-702 of the ID/DD |
Community Care Act, except that reports of abuse which
indicate |
that a resident's life or safety is in imminent danger shall be
|
investigated within 24 hours of such report. The Department may |
delegate to
law enforcement officials or other public agencies |
the duty to perform such
investigation.
|
With respect to investigations of reports of suspected |
abuse or neglect
of residents of mental health and |
developmental disabilities institutions
under the jurisdiction |
of the Department of
Human Services, the
Department shall |
transmit
copies of such reports to the Department of State |
|
Police, the Department of
Human Services, and the
Inspector |
General
appointed under Section 1-17 of the Department of Human |
Services Act. If the Department receives a report
of suspected |
abuse or neglect of a recipient of services as defined in |
Section
1-123 of the Mental Health and Developmental |
Disabilities Code, the
Department shall transmit copies of such |
report to the Inspector General
and the Directors of the |
Guardianship and Advocacy Commission and the
agency designated |
by the Governor pursuant to the Protection and Advocacy
for |
Persons with Developmental Disabilities Developmentally |
Disabled Persons Act. When requested by the Director
of the |
Guardianship and Advocacy Commission, the agency designated by |
the
Governor pursuant to the Protection and Advocacy for |
Persons with Developmental Disabilities Developmentally
|
Disabled Persons Act, or the Department of Financial and |
Professional Regulation, the Department, the Department of |
Human Services and the Department of State Police shall make
|
available a copy of the final investigative report regarding |
investigations
conducted by their respective agencies on |
incidents of suspected abuse or
neglect of residents of mental |
health and developmental disabilities
institutions or |
individuals receiving services at community agencies under the |
jurisdiction of the Department of Human Services. Such final |
investigative
report shall not contain witness statements, |
investigation notes, draft
summaries, results of lie detector |
tests, investigative files or other raw data
which was used to |
|
compile the final investigative report. Specifically, the
|
final investigative report of the Department of State Police |
shall mean the
Director's final transmittal letter. The |
Department of Human Services shall also make available a
copy |
of the results of disciplinary proceedings of employees |
involved in
incidents of abuse or neglect to the Directors. All |
identifiable
information in reports provided shall not be |
further disclosed except as
provided by the Mental Health and |
Developmental Disabilities
Confidentiality Act. Nothing in |
this Section is intended to limit or
construe the power or |
authority granted to the agency designated by the
Governor |
pursuant to the Protection and Advocacy for Persons with |
Developmental Disabilities Developmentally
Disabled Persons |
Act, pursuant to any other State or federal statute.
|
With respect to investigations of reported resident abuse |
or neglect, the
Department shall effect with appropriate law |
enforcement agencies formal
agreements concerning methods and |
procedures for the conduct of investigations
into the criminal |
histories of any administrator, staff assistant or employee
of |
the nursing home or other person responsible for the residents |
care,
as well as for other residents in the nursing home who |
may be in a position
to abuse, neglect or exploit the patient. |
Pursuant to the formal agreements
entered into with appropriate |
law enforcement agencies, the Department may
request |
information with respect to whether the person or persons set |
forth
in this paragraph have ever been charged with a crime and |
|
if so, the
disposition of those charges. Unless the criminal |
histories of the
subjects involved crimes of violence or |
resident abuse or neglect, the
Department shall be entitled |
only to information limited in scope to
charges and their |
dispositions. In cases where prior crimes of violence or
|
resident abuse or neglect are involved, a more detailed report |
can be made
available to authorized representatives of the |
Department, pursuant to the
agreements entered into with |
appropriate law enforcement agencies. Any
criminal charges and |
their disposition information obtained by the
Department shall |
be confidential and may not be transmitted outside the
|
Department, except as required herein, to authorized |
representatives or
delegates of the Department, and may not be |
transmitted to anyone within
the Department who is not duly |
authorized to handle resident abuse or
neglect investigations.
|
The Department shall effect formal agreements with |
appropriate law
enforcement agencies in the various counties |
and communities to encourage
cooperation and coordination in |
the handling of resident abuse or neglect
cases pursuant to |
this Act. The Department shall adopt and implement
methods and |
procedures to promote statewide uniformity in the handling of
|
reports of abuse and neglect under this Act, and those methods |
and
procedures shall be adhered to by personnel of the |
Department involved in
such investigations and reporting. The |
Department shall also make
information required by this Act |
available to authorized personnel within
the Department, as |
|
well as its authorized representatives.
|
The Department shall keep a continuing record of all |
reports made
pursuant to this Act, including indications of the |
final determination of
any investigation and the final |
disposition of all reports.
|
The Department shall report annually to the General |
Assembly on the
incidence of abuse and neglect of long term |
care facility residents, with
special attention to residents |
who are persons with mental disabilities mentally disabled . The |
report shall
include but not be limited to data on the number |
and source of reports of
suspected abuse or neglect filed under |
this Act, the nature of any injuries
to residents, the final |
determination of investigations, the type and
number of cases |
where abuse or neglect is determined to exist, and the
final |
disposition of cases.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
Section 505. The Nursing Home Care Act is amended by |
changing Sections 2-202, 3-807, and 3A-101 as follows:
|
(210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
|
Sec. 2-202. (a) Before a person is admitted to a facility, |
or at the
expiration of the period of previous contract, or |
when the source of
payment for the resident's care changes from |
private to public funds or
from public to private funds, a |
|
written contract shall be executed between
a licensee and the |
following in order of priority:
|
(1) the person, or if the person is a minor, his parent |
or guardian; or
|
(2) the person's guardian, if any, or agent, if any, as |
defined in
Section 2-3 of the Illinois Power of Attorney |
Act; or
|
(3) a member of the person's immediate family.
|
An adult person shall be presumed to have the capacity to |
contract for
admission to a long term care facility unless he |
has been adjudicated a
" person with a disability disabled |
person " within the meaning of Section 11a-2 of the Probate Act
|
of 1975, or unless a petition for such an adjudication is |
pending in a
circuit court of Illinois.
|
If there is no guardian, agent or member of the person's |
immediate family
available, able or willing to execute the |
contract required by this Section
and a physician determines |
that a person is so disabled as to be unable
to consent to |
placement in a facility, or if a person has already been found
|
to be a " person with a disability disabled person ", but no |
order has been entered allowing residential
placement of the |
person, that person may be admitted to a facility before
the |
execution of a contract required by this Section; provided that |
a petition
for guardianship or for modification of guardianship |
is filed within 15
days of the person's admission to a |
facility, and provided further that
such a contract is executed |
|
within 10 days of the disposition of the petition.
|
No adult shall be admitted to a facility if he objects, |
orally or in writing,
to such admission, except as otherwise |
provided in Chapters III
and IV of the Mental Health and |
Developmental Disabilities Code or Section
11a-14.1 of the |
Probate Act of 1975.
|
If a person has not executed a contract as required by this |
Section, then
such a contract shall be executed on or before |
July 1, 1981, or within 10
days after the disposition of a |
petition for guardianship or modification
of guardianship that |
was filed prior to July 1, 1981, whichever is later.
|
Before a licensee enters a contract under this Section, it |
shall
provide the prospective resident and his or her guardian, |
if any, with written
notice of the licensee's policy regarding |
discharge of a resident whose
private funds for payment of care |
are exhausted.
|
Before a licensee enters into a contract under this |
Section, it shall provide the resident or prospective resident |
and his or her guardian, if any, with a copy of the licensee's |
policy regarding the assignment of Social Security |
representative payee status as a condition of the contract when |
the resident's or prospective resident's care is being funded |
under Title XIX of the Social Security Act and Article V of the |
Illinois Public Aid Code. |
(b) A resident shall not be discharged or transferred at |
the expiration
of the term of a contract, except as provided in |
|
Sections 3-401 through
3-423.
|
(c) At the time of the resident's admission to the |
facility, a copy of
the contract shall be given to the |
resident, his guardian, if any, and any
other person who |
executed the contract.
|
(d) A copy of the contract for a resident who is supported |
by
nonpublic funds other than the resident's own funds shall be |
made
available to the person providing the funds for the |
resident's support.
|
(e) The original or a copy of the contract shall be |
maintained in the
facility and be made available upon request |
to representatives of the
Department and the Department of |
Healthcare and Family Services.
|
(f) The contract shall be written in clear and unambiguous |
language
and shall be printed in not less than 12-point type. |
The general form
of the contract shall be prescribed by the |
Department.
|
(g) The contract shall specify:
|
(1) the term of the contract;
|
(2) the services to be provided under the contract and |
the charges
for the services;
|
(3) the services that may be provided to supplement the |
contract and
the charges for the services;
|
(4) the sources liable for payments due under the |
contract;
|
(5) the amount of deposit paid; and
|
|
(6) the rights, duties and obligations of the resident, |
except that
the specification of a resident's rights may be |
furnished on a separate
document which complies with the |
requirements of Section 2-211.
|
(h) The contract shall designate the name of the resident's
|
representative, if any. The resident shall provide the facility |
with a copy
of the written agreement between the resident and |
the resident's representative
which authorizes the resident's |
representative to inspect and copy the
resident's records and |
authorizes the resident's representative to execute
the |
contract on behalf of the resident required by this Section.
|
(i) The contract shall provide that if the resident is
|
compelled by a change in physical or mental health to leave the
|
facility, the contract and all obligations under it shall |
terminate on 7
days notice. No prior notice of termination of |
the contract shall be
required, however, in the case of a |
resident's death. The contract shall also provide
that in all |
other situations, a
resident may terminate the contract and all |
obligations under it with 30
days notice. All charges shall be |
prorated as of the date on which the
contract terminates, and, |
if any payments have been made in advance, the
excess shall be |
refunded to the resident. This provision shall not apply
to |
life-care contracts through which a facility agrees to provide
|
maintenance and care for a resident throughout the remainder of |
his life
nor to continuing-care contracts through which a |
facility agrees to
supplement all available forms of financial |
|
support in providing
maintenance and care for a resident |
throughout the remainder of his life.
|
(j) In addition to all other contract specifications |
contained in this
Section admission contracts shall also |
specify:
|
(1) whether the facility accepts Medicaid clients;
|
(2) whether the facility requires a deposit of the |
resident or his
family prior to the establishment of |
Medicaid eligibility;
|
(3) in the event that a deposit is required, a clear |
and concise
statement of the procedure to be followed for |
the return of such deposit to
the resident or the |
appropriate family member or guardian of the person;
|
(4) that all deposits made to a facility by a resident, |
or on behalf of
a resident, shall be returned by the |
facility within 30 days of the
establishment of Medicaid |
eligibility, unless such deposits must be drawn
upon or |
encumbered in accordance with Medicaid eligibility |
requirements
established by the Department of Healthcare |
and Family Services.
|
(k) It shall be a business offense for a facility to |
knowingly and
intentionally both retain a resident's deposit |
and accept Medicaid
payments on behalf of that resident.
|
(Source: P.A. 98-104, eff. 7-22-13.)
|
(210 ILCS 45/3-807)
|
|
Sec. 3-807. Review of shelter care licensure standards. On |
or before
March 1, 1994, the Department shall submit to the |
Governor and the General
Assembly a report concerning the |
necessity of revising the current statutory
and regulatory |
standards of licensure under the category of shelter care. The
|
Department shall conduct a review of those standards for that |
category, taking
into consideration the Department on Aging's |
report on board and care homes
prepared pursuant to Section |
4.02a of the Illinois Act on the Aging. The
Department's report |
shall include recommendations for statutory or regulatory
|
changes necessary to address the regulation of facilities |
providing room,
board, and personal care to older persons and |
persons with disabilities disabled persons .
|
(Source: P.A. 88-252.)
|
(210 ILCS 45/3A-101)
|
Sec. 3A-101. Cooperative arrangements. Not later than June |
30, 1996,
the Department shall enter
into
one or more |
cooperative arrangements with the Illinois Department of |
Public
Aid,
the Department on Aging, the Office of the State |
Fire Marshal, and any other
appropriate entity for the purpose |
of developing a single survey for nursing
facilities, including |
but not limited to facilities funded under Title XVIII
or Title |
XIX of the federal Social Security Act, or both, which shall be
|
administered and conducted solely by the Department.
The |
Departments shall test the single survey process on a pilot |
|
basis, with
both the Departments of Public Aid and Public |
Health represented on the
consolidated survey team. The pilot |
will sunset June 30, 1997. After June 30,
1997, unless |
otherwise determined by the Governor, a single survey shall be
|
implemented by the Department of Public Health which would not |
preclude staff
from the Department of Healthcare and Family |
Services (formerly Department of Public Aid) from going on-site |
to nursing facilities to
perform necessary audits and reviews |
which shall not replicate the single State
agency survey |
required by this Act.
This Article shall not
apply to community |
or intermediate care facilities for persons with developmental |
disabilities the developmentally
disabled .
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 510. The ID/DD Community Care Act is amended by |
changing Sections 1-101.05, 1-113, and 2-202 as follows:
|
(210 ILCS 47/1-101.05)
|
Sec. 1-101.05. Prior law. |
(a) This Act provides for licensure of intermediate
care |
facilities for persons with developmental disabilities the |
developmentally disabled and long-term
care for under age 22 |
facilities under this Act instead of under the Nursing Home |
Care Act. On and after the effective date of this Act, those |
facilities shall be governed by this Act instead of the Nursing |
Home Care Act. |
|
(b) If any other Act of the General Assembly changes, adds, |
or repeals a provision of the Nursing Home Care Act that is the |
same as or substantially similar to a provision of this Act, |
then that change, addition, or repeal in the Nursing Home Care |
Act shall be construed together with this Act until July 1, |
2010 and not thereafter. |
(c) Nothing in this Act affects the validity or effect of |
any finding, decision, or action made or taken by the |
Department or the Director under the Nursing Home Care Act |
before the effective date of this Act with respect to a |
facility subject to licensure under this Act. That finding, |
decision, or action shall continue to apply to the facility on |
and after the effective date of this Act. Any finding, |
decision, or action with respect to the facility made or taken |
on or after the effective date of this Act shall be made or |
taken as provided in this Act.
|
(Source: P.A. 96-339, eff. 7-1-10; 96-1187, eff. 7-22-10.)
|
(210 ILCS 47/1-113)
|
Sec. 1-113. Facility. "ID/DD facility" or "facility" means |
an intermediate care facility for persons with developmental |
disabilities the developmentally disabled or a long-term care |
for under age 22 facility, whether operated for profit or not, |
which provides, through its ownership or management, personal |
care or nursing for 3 or more persons not related to the |
applicant or owner by blood or marriage. It includes |
|
intermediate care facilities for the intellectually disabled |
as the term is defined in Title XVIII and Title XIX of the |
federal Social Security Act. |
"Facility" does not include the following: |
(1) A home, institution, or other place operated by the |
federal government or agency thereof, or by the State of |
Illinois, other than homes, institutions, or other places |
operated by or under the authority of the Illinois |
Department of Veterans' Affairs; |
(2) A hospital, sanitarium, or other institution
whose |
principal activity or business is the diagnosis, care, and |
treatment of human illness through the maintenance and |
operation as organized facilities therefore, which is |
required to be licensed under the Hospital Licensing Act; |
(3) Any "facility for child care" as defined in the
|
Child Care Act of 1969; |
(4) Any "community living facility" as defined in the
|
Community Living Facilities Licensing Act; |
(5) Any "community residential alternative" as
defined |
in the Community Residential Alternatives Licensing Act; |
(6) Any nursing home or sanatorium operated solely by
|
and for persons who rely exclusively upon treatment by |
spiritual means through prayer, in accordance with the |
creed or tenets of any well recognized church or religious |
denomination. However, such nursing home or sanatorium |
shall comply with all local laws and rules relating to |
|
sanitation and safety; |
(7) Any facility licensed by the Department of Human
|
Services as a community-integrated living arrangement as |
defined in the Community-Integrated Living Arrangements |
Licensure and Certification Act; |
(8) Any "supportive residence" licensed under the
|
Supportive Residences Licensing Act; |
(9) Any "supportive living facility" in good standing
|
with the program established under Section 5-5.01a of the |
Illinois Public Aid Code, except only for purposes of the
|
employment of persons in accordance with Section 3-206.01; |
(10) Any assisted living or shared housing
|
establishment licensed under the Assisted Living and |
Shared Housing Act, except only for purposes of the
|
employment of persons in accordance with Section 3-206.01; |
(11) An Alzheimer's disease management center
|
alternative health care model licensed under the |
Alternative Health Care Delivery Act; or |
(12) A home, institution, or other place operated by or
|
under the authority of the Illinois Department of Veterans' |
Affairs.
|
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; |
97-227, eff. 1-1-12.)
|
(210 ILCS 47/2-202)
|
Sec. 2-202. Contract required.
|
|
(a) Before a person is admitted to a facility, or at the |
expiration of the period of previous contract, or when the |
source of payment for the resident's care changes from private |
to public funds or from public to private funds, a written |
contract shall be executed between a licensee and the following |
in order of priority: |
(1) the person, or if the person is a minor, his
parent |
or guardian; or |
(2) the person's guardian, if any, or agent, if any,
as |
defined in Section 2-3 of the Illinois Power of Attorney |
Act; or |
(3) a member of the person's immediate family.
|
An adult person shall be presumed to have the capacity to |
contract for admission to a long term care facility unless he |
or she has been adjudicated a " person with a disability |
disabled person " within the meaning of Section 11a-2 of the |
Probate Act of 1975, or unless a petition for such an |
adjudication is pending in a circuit court of Illinois.
|
If there is no guardian, agent or member of the person's |
immediate family available, able or willing to execute the |
contract required by this Section and a physician determines |
that a person is so disabled as to be unable to consent to |
placement in a facility, or if a person has already been found |
to be a " person with a disability disabled person ", but no |
order has been entered allowing residential placement of the |
person, that person may be admitted to a facility before the |
|
execution of a contract required by this Section; provided that |
a petition for guardianship or for modification of guardianship |
is filed within 15 days of the person's admission to a |
facility, and provided further that such a contract is executed |
within 10 days of the disposition of the petition.
|
No adult shall be admitted to a facility if he or she |
objects, orally or in writing, to such admission, except as |
otherwise provided in Chapters III and IV of the Mental Health |
and Developmental Disabilities Code or Section 11a-14.1 of the |
Probate Act of 1975.
|
Before a licensee enters a contract under this Section, it |
shall provide the prospective resident and his or her guardian, |
if any, with written notice of the licensee's policy regarding |
discharge of a resident whose private funds for payment of care |
are exhausted. |
(b) A resident shall not be discharged or transferred at |
the expiration of the term of a contract, except as provided in |
Sections 3-401 through 3-423. |
(c) At the time of the resident's admission to the |
facility, a copy of the contract shall be given to the |
resident, his or her guardian, if any, and any other person who |
executed the contract. |
(d) A copy of the contract for a resident who is supported |
by nonpublic funds other than the resident's own funds shall be |
made available to the person providing the funds for the |
resident's support. |
|
(e) The original or a copy of the contract shall be |
maintained in the facility and be made available upon request |
to representatives of the Department and the Department of |
Healthcare and Family Services. |
(f) The contract shall be written in clear and unambiguous |
language and shall be printed in not less than 12-point type. |
The general form of the contract shall be prescribed by the |
Department. |
(g) The contract shall specify: |
(1) the term of the contract; |
(2) the services to be provided under the contract
and |
the charges for the services; |
(3) the services that may be provided to supplement
the |
contract and the charges for the services; |
(4) the sources liable for payments due under the
|
contract; |
(5) the amount of deposit paid; and |
(6) the rights, duties and obligations of the
resident, |
except that the specification of a resident's rights may be |
furnished on a separate document which complies with the |
requirements of Section 2-211. |
(h) The contract shall designate the name of the resident's |
representative, if any. The resident shall provide the facility |
with a copy of the written agreement between the resident and |
the resident's representative which authorizes the resident's |
representative to inspect and copy the resident's records and |
|
authorizes the resident's representative to execute the |
contract on behalf of the resident required by this Section. |
(i) The contract shall provide that if the resident is |
compelled by a change in physical or mental health to leave the |
facility, the contract and all obligations under it shall |
terminate on 7 days' notice. No prior notice of termination of |
the contract shall be required, however, in the case of a |
resident's death. The contract shall also provide that in all |
other situations, a resident may terminate the contract and all |
obligations under it with 30 days' notice. All charges shall be |
prorated as of the date on which the contract terminates, and, |
if any payments have been made in advance, the excess shall be |
refunded to the resident. This provision shall not apply to |
life care contracts through which a facility agrees to provide |
maintenance and care for a resident throughout the remainder of |
his life nor to continuing care contracts through which a |
facility agrees to supplement all available forms of financial |
support in providing maintenance and care for a resident |
throughout the remainder of his or her life. |
(j) In addition to all other contract specifications |
contained in this Section admission contracts shall also |
specify: |
(1) whether the facility accepts Medicaid clients; |
(2) whether the facility requires a deposit of the
|
resident or his or her family prior to the establishment of |
Medicaid eligibility; |
|
(3) in the event that a deposit is required, a clear
|
and concise statement of the procedure to be followed for |
the return of such deposit to the resident or the |
appropriate family member or guardian of the person; |
(4) that all deposits made to a facility by a
resident, |
or on behalf of a resident, shall be returned by the |
facility within 30 days of the establishment of Medicaid |
eligibility, unless such deposits must be drawn upon or |
encumbered in accordance with Medicaid eligibility |
requirements established by the Department of Healthcare |
and Family Services. |
(k) It shall be a business offense for a facility to |
knowingly and intentionally both retain a resident's deposit |
and accept Medicaid payments on behalf of that resident.
|
(Source: P.A. 96-339, eff. 7-1-10 .)
|
Section 515. The Supportive Residences Licensing Act is |
amended by changing Section 20 as follows:
|
(210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)
|
Sec. 20. Licensing standards.
|
(a) The Department shall promulgate rules establishing |
minimum standards for
licensing and operating Supportive |
Residences in municipalities with a
population over 500,000. No |
such municipality shall have more than 12
Supportive |
Residences. These rules shall regulate the operation and |
|
conduct of
Supportive Residences and shall include but not be |
limited to:
|
(1) development and maintenance of a case management |
system by which an
integrated care plan is to be created |
for each resident;
|
(2) the training and qualifications of personnel |
directly responsible for
providing care to residents;
|
(3) provisions and criteria for admission, discharge, |
and transfer of
residents;
|
(4) provisions for residents to receive appropriate |
programming and
support services commensurate with their |
individual needs;
|
(5) agreements between Supportive Residences and |
hospitals or other
health care providers;
|
(6) residents' rights and responsibilities and those |
of their families and guardians;
|
(7) fee and other contractual agreements between |
Supportive Residences and residents;
|
(8) medical and supportive services for residents;
|
(9) the safety, cleanliness, and general adequacy of |
the premises,
including provision for maintenance of fire |
and health standards that
conform to State laws and |
municipal codes, to provide for the physical
comfort, |
well-being, care, and protection of the residents;
|
(10) maintenance of records and residents' rights of |
access to those
records; and
|
|
(11) procedures for reporting abuse or neglect of |
residents.
|
(b) The rules shall also regulate the general financial |
ability,
competence, character, and qualifications of the |
applicant to
provide appropriate care and comply with this Act.
|
(c) The Department may promulgate special rules and |
regulations establishing
minimum standards for Supportive |
Residences that permit the admission of:
|
(1) residents who are parents with children, whether |
either or both
have HIV Disease; or
|
(2) residents with HIV Disease who are also persons |
with developmental or physical disabilities |
developmentally or physically
disabled .
|
(d) Nothing in this Act shall be construed to impair or |
abridge the power
of municipalities to enforce municipal zoning |
or land use ordinances.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 520. The Hospital Licensing Act is amended by |
changing Sections 6.09 and 6.11 as follows:
|
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) |
Sec. 6.09. (a) In order to facilitate the orderly |
transition of aged
patients and patients with disabilities and |
disabled patients from hospitals to post-hospital care, |
whenever a
patient who qualifies for the
federal Medicare |
|
program is hospitalized, the patient shall be notified
of |
discharge at least
24 hours prior to discharge from
the |
hospital. With regard to pending discharges to a skilled |
nursing facility, the hospital must notify the case |
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at |
least 24 hours prior to discharge. When the assessment is |
completed in the hospital, the case coordination unit shall |
provide the discharge planner with a copy of the prescreening |
information and accompanying materials, which the discharge |
planner shall transmit when the patient is discharged to a |
skilled nursing facility. If home health services are ordered, |
the hospital must inform its designated case coordination unit, |
as defined in 89 Ill. Adm. Code 240.260, of the pending |
discharge and must provide the patient with the case |
coordination unit's telephone number and other contact |
information.
|
(b) Every hospital shall develop procedures for a physician |
with medical
staff privileges at the hospital or any |
appropriate medical staff member to
provide the discharge |
notice prescribed in subsection (a) of this Section. The |
procedures must include prohibitions against discharging or |
referring a patient to any of the following if unlicensed, |
uncertified, or unregistered: (i) a board and care facility, as |
defined in the Board and Care Home Act; (ii) an assisted living |
and shared housing establishment, as defined in the Assisted |
Living and Shared Housing Act; (iii) a facility licensed under |
|
the Nursing Home Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, or the ID/DD Community Care Act; |
(iv) a supportive living facility, as defined in Section |
5-5.01a of the Illinois Public Aid Code; or (v) a free-standing |
hospice facility licensed under the Hospice Program Licensing |
Act if licensure, certification, or registration is required. |
The Department of Public Health shall annually provide |
hospitals with a list of licensed, certified, or registered |
board and care facilities, assisted living and shared housing |
establishments, nursing homes, supportive living facilities, |
facilities licensed under the ID/DD Community Care Act or the |
Specialized Mental Health Rehabilitation Act of 2013, and |
hospice facilities. Reliance upon this list by a hospital shall |
satisfy compliance with this requirement.
The procedure may |
also include a waiver for any case in which a discharge
notice |
is not feasible due to a short length of stay in the hospital |
by the patient,
or for any case in which the patient |
voluntarily desires to leave the
hospital before the expiration |
of the
24 hour period. |
(c) At least
24 hours prior to discharge from the hospital, |
the
patient shall receive written information on the patient's |
right to appeal the
discharge pursuant to the
federal Medicare |
program, including the steps to follow to appeal
the discharge |
and the appropriate telephone number to call in case the
|
patient intends to appeal the discharge. |
(d) Before transfer of a patient to a long term care |
|
facility licensed under the Nursing Home Care Act where elderly |
persons reside, a hospital shall as soon as practicable |
initiate a name-based criminal history background check by |
electronic submission to the Department of State Police for all |
persons between the ages of 18 and 70 years; provided, however, |
that a hospital shall be required to initiate such a background |
check only with respect to patients who: |
(1) are transferring to a long term care facility for |
the first time; |
(2) have been in the hospital more than 5 days; |
(3) are reasonably expected to remain at the long term |
care facility for more than 30 days; |
(4) have a known history of serious mental illness or |
substance abuse; and |
(5) are independently ambulatory or mobile for more |
than a temporary period of time. |
A hospital may also request a criminal history background |
check for a patient who does not meet any of the criteria set |
forth in items (1) through (5). |
A hospital shall notify a long term care facility if the |
hospital has initiated a criminal history background check on a |
patient being discharged to that facility. In all circumstances |
in which the hospital is required by this subsection to |
initiate the criminal history background check, the transfer to |
the long term care facility may proceed regardless of the |
availability of criminal history results. Upon receipt of the |
|
results, the hospital shall promptly forward the results to the |
appropriate long term care facility. If the results of the |
background check are inconclusive, the hospital shall have no |
additional duty or obligation to seek additional information |
from, or about, the patient. |
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
|
(210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)
|
Sec. 6.11.
In licensing any hospital which provides for the |
diagnosis, care
or treatment for persons suffering from mental |
or emotional disorders or
for persons with intellectual |
disabilities intellectually disabled persons , the Department |
shall consult with the
Department of Human Services in |
developing
standards for and evaluating the psychiatric |
programs of such hospitals.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 525. The Community-Integrated Living Arrangements |
Licensure and
Certification Act is amended by changing the |
title of the Act and Section 3 as follows:
|
(210 ILCS 135/Act title)
|
An Act in relation to community-integrated living |
arrangements
for the mentally ill and for persons with |
developmental disabilities developmentally disabled .
|
|
(210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
|
Sec. 3. As used in this Act, unless the context requires |
otherwise:
|
(a) "Applicant" means a person, group of persons, |
association, partnership
or corporation that applies for a |
license as a community mental health or
developmental services |
agency under this Act.
|
(b) "Community mental health or developmental services |
agency" or "agency"
means a public or private agency, |
association, partnership, corporation or
organization which, |
pursuant to this Act, certifies community-integrated living
|
arrangements for persons with mental illness or persons with a |
developmental
disability.
|
(c) "Department" means the Department of Human Services (as |
successor to
the Department of Mental Health and Developmental |
Disabilities).
|
(d) "Community-integrated living arrangement" means a |
living arrangement
certified by a community mental health or |
developmental services agency
under this Act where 8 or fewer |
recipients with mental illness or recipients
with a |
developmental disability who reside under the supervision of |
the agency.
Examples of community integrated living |
arrangements include but are not
limited to the following:
|
(1) "Adult foster care", a living arrangement for |
recipients in residences
of families unrelated to them, for |
|
the purpose of providing family care for the
recipients on |
a full-time basis;
|
(2) "Assisted residential care", an independent living |
arrangement where
recipients are intermittently supervised |
by off-site staff;
|
(3) "Crisis residential care", a non-medical living |
arrangement where
recipients in need of non-medical, |
crisis services are supervised by
on-site staff 24 hours a |
day;
|
(4) "Home individual programs", living arrangements |
for 2 unrelated adults
outside the family home;
|
(5) "Supported residential care", a living arrangement |
where recipients
are supervised by on-site staff and such |
supervision is provided less than 24
hours
a day;
|
(6) "Community residential alternatives", as defined |
in the Community
Residential Alternatives Licensing Act; |
and
|
(7) "Special needs trust-supported residential care", |
a living
arrangement
where recipients are supervised by |
on-site staff and that supervision is
provided
24 hours per |
day or less, as dictated by the needs of the recipients, |
and
determined
by service providers. As used in this item |
(7), "special needs trust" means a
trust
for the benefit of |
a beneficiary with a disability disabled beneficiary as |
described in Section 15.1 of the
Trusts
and Trustees Act.
|
(e) "Recipient" means a person who has received, is |
|
receiving, or is in need
of treatment or habilitation as those |
terms are defined in the Mental Health
and Developmental |
Disabilities Code.
|
(f) "Unrelated" means that persons residing together in |
programs or
placements certified by a community mental health |
or developmental services
agency under this Act do not have any |
of the following relationships by blood,
marriage or adoption: |
parent, son, daughter, brother, sister, grandparent,
uncle, |
aunt, nephew, niece, great grandparent, great uncle, great |
aunt,
stepbrother, stepsister, stepson, stepdaughter, |
stepparent or first cousin.
|
(Source: P.A. 93-274, eff. 1-1-04.)
|
Section 530. The Illinois Insurance Code is amended by |
changing Sections 4, 143.24, 143.24a, 155.52, 236, 356b, |
356z.2, 357.3, 362a, 364, 367b, 367i, 424, 500-50, and 500-60 |
as follows:
|
(215 ILCS 5/4) (from Ch. 73, par. 616)
|
Sec. 4. Classes of insurance. Insurance and insurance |
business shall
be classified as follows:
|
Class 1. Life, Accident and Health.
|
(a) Life. Insurance on the lives of persons and every |
insurance
appertaining thereto or connected therewith and |
granting, purchasing or
disposing of annuities. Policies of |
life or endowment insurance or
annuity contracts or contracts |
|
supplemental thereto which contain
provisions for additional |
benefits in case of death by accidental means
and provisions |
operating to safeguard such policies or contracts against
|
lapse, to give a special surrender value, or special benefit, |
or an
annuity, in the event, that the insured or annuitant |
shall become
a person with a total and permanent disability |
totally and permanently disabled as defined by the policy or |
contract,
or which contain benefits providing acceleration of |
life or endowment or
annuity benefits in advance of the time |
they would otherwise be
payable, as an indemnity for long term |
care which is certified or
ordered by a physician, including |
but not limited to, professional nursing
care, medical care |
expenses, custodial nursing care, non-nursing custodial
care |
provided in a nursing home or at a residence of the insured, or
|
which contain benefits providing acceleration of life or |
endowment or
annuity benefits in advance of the time they would |
otherwise be payable, at
any time during the insured's
|
lifetime, as an indemnity for a terminal illness shall be |
deemed to be
policies of life or endowment insurance or annuity |
contracts within the
intent of this clause.
|
Also to be deemed as policies of life or endowment |
insurance or annuity
contracts within the intent of this clause |
shall be those policies or
riders that provide for the payment |
of up to 75% of the face amount
of
benefits in advance of the |
time they would otherwise be payable upon a
diagnosis by a |
physician licensed to practice medicine in all of its
branches |
|
that the insured has incurred a covered
condition listed
in the |
policy or rider.
|
"Covered condition", as used in this clause, means:
heart |
attack, stroke, coronary artery surgery,
life threatening |
cancer, renal failure,
alzheimer's disease,
paraplegia, major |
organ transplantation, total and permanent
disability, and any |
other medical condition that the Department may approve for
any |
particular filing.
|
The Director may issue rules that specify prohibited policy |
provisions,
not otherwise specifically prohibited by law, |
which in the opinion of the
Director are unjust, unfair, or |
unfairly discriminatory to the
policyholder,
any person |
insured under the policy, or beneficiary.
|
(b) Accident and health. Insurance against bodily injury,
|
disablement or death by accident and against disablement |
resulting from
sickness or old age and every insurance |
appertaining thereto, including
stop-loss insurance. Stop-loss |
insurance is insurance against the risk of
economic loss issued |
to a single employer self-funded employee disability
benefit |
plan or an employee welfare benefit plan as described in 29 |
U.S.C. 100
et seq. The insurance laws of this State, including
|
this Code, do not apply to arrangements between a religious |
organization and the organization's members
or participants |
when the arrangement and organization meet all of the
following |
criteria:
|
(i) the organization is described in Section 501(c)(3) |
|
of the Internal Revenue Code and is exempt from taxation |
under Section 501(a) of the Internal Revenue Code; |
(ii) members of the organization share a common set of |
ethical or religious beliefs and share medical expenses |
among members in accordance with those beliefs and without |
regard to the state in which a member resides or is |
employed; |
(iii) no funds that have been given for the purpose of |
the sharing of medical expenses among members described in |
paragraph (ii) of this subsection (b) are held by the |
organization in an off-shore trust or bank account; |
(iv) the organization provides at least monthly to all |
of its members a written statement listing the dollar |
amount of qualified medical expenses that members have |
submitted for sharing, as well as the amount of expenses |
actually shared among the members; |
(v) members of the organization retain membership even |
after they develop a medical condition; |
(vi) the organization or a predecessor organization |
has been in existence at all times since December 31, 1999, |
and medical expenses of its members have been shared |
continuously and without interruption since at least |
December 31, 1999; |
(vii) the organization conducts an annual audit that is |
performed by an independent certified public accounting |
firm in accordance with generally accepted accounting |
|
principles and is made available to the public upon |
request; |
(viii) the organization includes the following |
statement, in writing, on or accompanying all applications |
and guideline materials: |
"Notice: The organization facilitating the sharing of |
medical expenses is not an insurance company, and |
neither its guidelines nor plan of operation |
constitute or create an insurance policy. Any |
assistance you receive with your medical bills will be |
totally voluntary. As such, participation in the |
organization or a subscription to any of its documents |
should never be considered to be insurance. Whether or |
not you receive any payments for medical expenses and |
whether or not this organization continues to operate, |
you are always personally responsible for the payment |
of your own medical bills."; |
(ix) any membership card or similar document issued by |
the organization and any written communication sent by the |
organization to a hospital, physician, or other health care |
provider shall include a statement that the organization |
does not issue health insurance and that the member or |
participant is personally liable for payment of his or her |
medical bills; |
(x) the organization provides to a participant, within |
30 days after the participant joins, a complete set of its |
|
rules for the sharing of medical expenses, appeals of |
decisions made by the organization, and the filing of |
complaints; |
(xi) the organization does not offer any other services |
that are regulated under any provision of the Illinois |
Insurance Code or other insurance laws of this State; and |
(xii) the organization does not amass funds as reserves |
intended for payment of medical services, rather the |
organization facilitates the payments provided for in this |
subsection (b) through payments made directly from one |
participant to another. |
(c) Legal Expense Insurance. Insurance which involves
the |
assumption of a contractual obligation to reimburse the |
beneficiary
against or pay on behalf of the beneficiary, all or |
a portion of his fees,
costs, or expenses related to or arising |
out of services performed by or
under the supervision of an |
attorney licensed to practice in the jurisdiction
wherein the |
services are performed, regardless of whether the payment is |
made
by the beneficiaries individually or by a third person for |
them, but does
not include the provision of or reimbursement |
for legal services incidental
to other insurance coverages. The |
insurance laws of this State, including
this Act do not apply |
to:
|
(i) Retainer contracts made by attorneys at law with |
individual clients
with fees based on estimates of the |
nature and amount of services to be
provided to the |
|
specific client, and similar contracts made with a group
of |
clients involved in the same or closely related legal |
matters;
|
(ii) Plans owned or operated by attorneys who are the |
providers of legal
services to the plan;
|
(iii) Plans providing legal service benefits to groups |
where such plans
are owned or operated by authority of a |
state, county, local or other bar
association;
|
(iv) Any lawyer referral service authorized or |
operated by a state,
county, local or other bar |
association;
|
(v) The furnishing of legal assistance by labor unions |
and other employee
organizations to their members in |
matters relating to employment or occupation;
|
(vi) The furnishing of legal assistance to members or |
dependents, by
churches, consumer organizations, |
cooperatives, educational institutions,
credit unions, or |
organizations of employees, where such organizations |
contract
directly with lawyers or law firms for the |
provision of legal services,
and the administration and |
marketing of such legal services is wholly conducted
by the |
organization or its subsidiary;
|
(vii) Legal services provided by an employee welfare |
benefit plan defined
by the Employee Retirement Income |
Security Act of 1974;
|
(viii) Any collectively bargained plan for legal |
|
services between a labor
union and an employer negotiated |
pursuant to Section 302 of the Labor
Management Relations |
Act as now or hereafter amended, under which plan
legal |
services will be provided for employees of the employer |
whether or
not payments for such services are funded to or |
through an insurance company.
|
Class 2. Casualty, Fidelity and Surety.
|
(a) Accident and health. Insurance against bodily injury,
|
disablement or death by accident and against disablement |
resulting from
sickness or old age and every insurance |
appertaining thereto, including
stop-loss insurance. Stop-loss |
insurance is insurance against the risk of
economic loss issued |
to a single employer self-funded employee disability
benefit |
plan or
an employee welfare benefit plan as described in 29 |
U.S.C. 1001 et seq.
|
(b) Vehicle. Insurance against any loss or liability |
resulting from
or incident to the ownership, maintenance or use |
of any vehicle (motor
or otherwise), draft animal or aircraft. |
Any policy insuring against any
loss or liability on account of |
the bodily injury or death of any person
may contain a |
provision for payment of disability benefits to injured
persons |
and death benefits to dependents, beneficiaries or personal
|
representatives of persons who are killed, including the named |
insured,
irrespective of legal liability of the insured, if the |
injury or death
for which benefits are provided is caused by |
accident and sustained
while in or upon or while entering into |
|
or alighting from or through
being struck by a vehicle (motor |
or otherwise), draft animal or
aircraft, and such provision |
shall not be deemed to be accident
insurance.
|
(c) Liability. Insurance against the liability of the |
insured for
the death, injury or disability of an employee or |
other person, and
insurance against the liability of the |
insured for damage to or
destruction of another person's |
property.
|
(d) Workers' compensation. Insurance of the obligations |
accepted by
or imposed upon employers under laws for workers' |
compensation.
|
(e) Burglary and forgery. Insurance against loss or damage |
by
burglary, theft, larceny, robbery, forgery, fraud or |
otherwise;
including all householders' personal property |
floater risks.
|
(f) Glass. Insurance against loss or damage to glass |
including
lettering, ornamentation and fittings from any |
cause.
|
(g) Fidelity and surety. Become surety or guarantor for any |
person,
copartnership or corporation in any position or place |
of trust or as
custodian of money or property, public or |
private; or, becoming a surety
or guarantor for the performance |
of any person, copartnership or
corporation of any lawful |
obligation, undertaking, agreement or contract
of any kind, |
except contracts or policies of insurance; and underwriting
|
blanket bonds. Such obligations shall be known and treated as |
|
suretyship
obligations and such business shall be known as |
surety business.
|
(h) Miscellaneous. Insurance against loss or damage to |
property and
any liability of the insured caused by accidents |
to boilers, pipes,
pressure containers, machinery and |
apparatus of any kind and any
apparatus connected thereto, or |
used for creating, transmitting or
applying power, light, heat, |
steam or refrigeration, making inspection
of and issuing |
certificates of inspection upon elevators, boilers,
machinery |
and apparatus of any kind and all mechanical apparatus and
|
appliances appertaining thereto; insurance against loss or |
damage by
water entering through leaks or openings in |
buildings, or from the
breakage or leakage of a sprinkler, |
pumps, water pipes, plumbing and all
tanks, apparatus, conduits |
and containers designed to bring water into
buildings or for |
its storage or utilization therein, or caused by the
falling of |
a tank, tank platform or supports, or against loss or damage
|
from any cause (other than causes specifically enumerated under |
Class 3
of this Section) to such sprinkler, pumps, water pipes, |
plumbing, tanks,
apparatus, conduits or containers; insurance |
against loss or damage
which may result from the failure of |
debtors to pay their obligations to
the insured; and insurance |
of the payment of money for personal services
under contracts |
of hiring.
|
(i) Other casualty risks. Insurance against any other |
casualty risk
not otherwise specified under Classes 1 or 3, |
|
which may lawfully be the
subject of insurance and may properly |
be classified under Class 2.
|
(j) Contingent losses. Contingent, consequential and |
indirect
coverages wherein the proximate cause of the loss is |
attributable to any
one of the causes enumerated under Class 2. |
Such coverages shall, for
the purpose of classification, be |
included in the specific grouping of
the kinds of insurance |
wherein such cause is specified.
|
(k) Livestock and domestic animals. Insurance against |
mortality,
accident and health of livestock and domestic |
animals.
|
(l) Legal expense insurance. Insurance against risk |
resulting from the
cost of legal services as defined under |
Class 1(c).
|
Class 3. Fire and Marine, etc.
|
(a) Fire. Insurance against loss or damage by fire, smoke |
and
smudge, lightning or other electrical disturbances.
|
(b) Elements. Insurance against loss or damage by |
earthquake,
windstorms, cyclone, tornado, tempests, hail, |
frost, snow, ice, sleet,
flood, rain, drought or other weather |
or climatic conditions including
excess or deficiency of |
moisture, rising of the waters of the ocean or
its tributaries.
|
(c) War, riot and explosion. Insurance against loss or |
damage by
bombardment, invasion, insurrection, riot, strikes, |
civil war or
commotion, military or usurped power, or explosion |
(other than explosion
of steam boilers and the breaking of fly |
|
wheels on premises owned,
controlled, managed, or maintained by |
the insured.)
|
(d) Marine and transportation. Insurance against loss or |
damage to
vessels, craft, aircraft, vehicles of every kind, |
(excluding vehicles
operating under their own power or while in |
storage not incidental to
transportation) as well as all goods, |
freights, cargoes, merchandise,
effects, disbursements, |
profits, moneys, bullion, precious stones,
securities, chooses |
in action, evidences of debt, valuable papers,
bottomry and |
respondentia interests and all other kinds of property and
|
interests therein, in respect to, appertaining to or in |
connection with
any or all risks or perils of navigation, |
transit, or transportation,
including war risks, on or under |
any seas or other waters, on land or in
the air, or while being |
assembled, packed, crated, baled, compressed or
similarly |
prepared for shipment or while awaiting the same or during any
|
delays, storage, transshipment, or reshipment incident |
thereto,
including marine builder's risks and all personal |
property floater
risks; and for loss or damage to persons or |
property in connection with
or appertaining to marine, inland |
marine, transit or transportation
insurance, including |
liability for loss of or damage to either arising
out of or in |
connection with the construction, repair, operation,
|
maintenance, or use of the subject matter of such insurance, |
(but not
including life insurance or surety bonds); but, except |
as herein
specified, shall not mean insurances against loss by |
|
reason of bodily
injury to the person; and insurance against |
loss or damage to precious
stones, jewels, jewelry, gold, |
silver and other precious metals whether
used in business or |
trade or otherwise and whether the same be in course
of |
transportation or otherwise, which shall include jewelers' |
block
insurance; and insurance against loss or damage to |
bridges, tunnels and
other instrumentalities of transportation |
and communication (excluding
buildings, their furniture and |
furnishings, fixed contents and supplies
held in storage) |
unless fire, tornado, sprinkler leakage, hail,
explosion, |
earthquake, riot and civil commotion are the only hazards to
be |
covered; and to piers, wharves, docks and slips, excluding the |
risks
of fire, tornado, sprinkler leakage, hail, explosion, |
earthquake, riot
and civil commotion; and to other aids to |
navigation and transportation,
including dry docks and marine |
railways, against all risk.
|
(e) Vehicle. Insurance against loss or liability resulting |
from or
incident to the ownership, maintenance or use of any |
vehicle (motor or
otherwise), draft animal or aircraft, |
excluding the liability of the
insured for the death, injury or |
disability of another person.
|
(f) Property damage, sprinkler leakage and crop. Insurance |
against
the liability of the insured for loss or damage to |
another person's
property or property interests from any cause |
enumerated in this class;
insurance against loss or damage by |
water entering through leaks or
openings in buildings, or from |
|
the breakage or leakage of a sprinkler,
pumps, water pipes, |
plumbing and all tanks, apparatus, conduits and
containers |
designed to bring water into buildings or for its storage or
|
utilization therein, or caused by the falling of a tank, tank |
platform
or supports or against loss or damage from any cause |
to such sprinklers,
pumps, water pipes, plumbing, tanks, |
apparatus, conduits or containers;
insurance against loss or |
damage from insects, diseases or other causes to
trees, crops |
or other products of the soil.
|
(g) Other fire and marine risks. Insurance against any |
other
property risk not otherwise specified under Classes 1 or |
2, which may
lawfully be the subject of insurance and may |
properly be classified
under Class 3.
|
(h) Contingent losses. Contingent, consequential and |
indirect
coverages wherein the proximate cause of the loss is |
attributable to any
of the causes enumerated under Class 3. |
Such coverages shall, for the
purpose of classification, be |
included in the specific grouping of the
kinds of insurance |
wherein such cause is specified.
|
(i) Legal expense insurance. Insurance against risk |
resulting from the
cost of legal services as defined under |
Class 1(c).
|
(Source: P.A. 97-705, eff. 1-1-13; 97-707, eff. 1-1-13.)
|
(215 ILCS 5/143.24) (from Ch. 73, par. 755.24)
|
Sec. 143.24. Limited Nonrenewal of Automobile Insurance |
|
Policy. A policy of automobile insurance, as defined in |
subsection (a) of Section
143.13, may not be nonrenewed for any |
of the following reasons:
|
a. Age;
|
b. Sex;
|
c. Race;
|
d. Color;
|
e. Creed;
|
f. Ancestry;
|
g. Occupation;
|
h. Marital Status;
|
i. Employer of the insured;
|
j. Physical disability handicap as defined in Section |
143.24a of this Act.
|
(Source: P.A. 86-437.)
|
(215 ILCS 5/143.24a) (from Ch. 73, par. 755.24a)
|
Sec. 143.24a.
(a) No insurer, licensed to issue a policy of |
automobile
insurance, as defined in subsection (a) of Section |
143.13, shall fail or
refuse to accept an application from a |
person with a physical disability physically handicapped |
person for such
insurance, refuse to issue such insurance to an |
applicant with a physical disability a physically handicapped |
applicant therefor
solely because of a physical disability |
handicap , or issue or cancel such insurance under
conditions |
less favorable to persons with physical disabilities |
|
physically handicapped persons than
persons without physical |
disabilities nonhandicapped
persons ; nor shall a physical |
disability handicap itself constitute a condition or risk for
|
which a higher premium may be required of a person with a |
physical disability physically handicapped
person for such |
insurance.
|
(b) As used in this Section, "physical disability handicap " |
refers only to
an impairment of physical ability because of |
amputation or loss of
function which impairment
has been |
compensated for, when necessary, by vehicle equipment |
adaptation
or modification; or an impairment of hearing which
|
impairment has been compensated for, when necessary, either by |
sensory
equipment adaptation or modification, or an impairment |
of
speech; provided, that the insurer may require an applicant |
with a physical disability a
physically handicapped applicant |
for such insurance on the renewal of such insurance
to furnish |
proof that he or she has qualified for a new or renewed drivers
|
license since the occurrence of the disabling handicapping |
condition.
|
(Source: P.A. 85-762.)
|
(215 ILCS 5/155.52) (from Ch. 73, par. 767.52)
|
Sec. 155.52. Definitions. |
For the purpose of this Article:
|
(a) "Credit life insurance" means insurance on the life of |
a debtor
pursuant to or in connection with a specific loan or |
|
other credit
transaction;
|
(b) "Credit Accident and health insurance" means insurance |
on a debtor
to provide indemnity for payments becoming due on a |
specific loan or other
credit transaction while the debtor is a |
person with a disability disabled as defined in the policy;
|
(c) "Creditor" means the lender of money or vendor or |
lessor of goods,
services, property, rights or privileges, for |
which payment is arranged
through a credit transaction or any |
successor to the right, title or
interest of any such lender, |
vendor or lessor, and an affiliate, associate
or subsidiary of |
any of them or any director, officer or employee of any of
them |
or any other person in any way associated with any of them;
|
(d) "Debtor" means a borrower of money or a purchaser or |
lessee of
goods, services, property, rights or privileges for |
which payment is
arranged through a credit transaction;
|
(e) "Indebtedness" means the total amount payable by a |
debtor to a
creditor in connection with a loan or other credit |
transaction;
|
(f) "Director" means the Director of Insurance of the State |
of Illinois.
|
(Source: Laws 1959, p. 1140 .)
|
(215 ILCS 5/236) (from Ch. 73, par. 848)
|
Sec. 236. Discrimination prohibited.
|
(a) No life company doing business in this State shall make |
or permit any
distinction or discrimination in favor of |
|
individuals among insured
persons of the same class and equal |
expectation of life in the issuance
of its policies, in the |
amount of
payment of premiums or rates charged for policies of |
insurance, in the
amount of any dividends or other benefits |
payable thereon, or in any
other of the terms and conditions of |
the contracts it makes.
|
(b) No life company shall make or permit any distinction or |
discrimination
against individuals
with handicaps or |
disabilities in
the amount of payment
of premiums or rates |
charged for policies of life insurance, in the amount
of any |
dividends or death benefits payable thereon, or in any other |
terms
and conditions of the contract it makes unless the rate |
differential is
based on sound actuarial principles and a |
reasonable system of classification
and is related to actual or |
reasonably anticipated experience directly
associated with the |
handicap or disability.
|
(c) No life company shall refuse to insure, or refuse to |
continue to insure,
or limit the amount or extent or kind of |
coverage available to an
individual, or charge an individual a |
different rate for the same coverage
solely because of |
blindness or partial blindness. With respect to all
other |
conditions, including the underlying cause of the blindness or
|
partial blindness, persons who are blind or partially blind |
shall be
subject to the same standards of sound actuarial |
principles or actual or
reasonably anticipated experience as |
are sighted persons. Refusal to
insure includes denial by an |
|
insurer of disability insurance coverage on
the grounds that |
the policy defines "disability" as being presumed in the
event |
that the insured loses his or her eyesight. However, an insurer |
may
exclude from coverage disabilities consisting solely of |
blindness or
partial blindness when such condition existed at |
the time the policy was issued.
|
(d) No life company shall refuse to insure or to continue |
to insure an
individual solely because of the individual's |
status as a member of the
United States Air Force, Army, Coast |
Guard, Marines, or Navy or solely because
of the individual's |
status as a member
of the National Guard or Armed Forces |
Reserve.
|
(e) An insurer or producer authorized to issue policies of |
insurance in this State may not make a distinction or otherwise |
discriminate between persons, reject an applicant, cancel a |
policy, or demand or require a higher rate of premium for |
reasons based solely upon an applicant's or insured's past |
lawful travel experiences or future lawful travel plans. This |
subsection (e) does not prohibit an insurer or producer from |
excluding or limiting coverage under a policy or refusing to |
offer the policy based upon past lawful travel or future lawful |
travel plans or from charging a different rate for that |
coverage when that action is based upon sound actuarial |
principles or is related to actual or reasonably expected |
experience and is not based solely on the destination's |
inclusion on the United States Department of State's travel |
|
warning list. |
(Source: P.A. 95-163, eff. 1-1-08.)
|
(215 ILCS 5/356b) (from Ch. 73, par. 968b)
|
Sec. 356b. (a) This Section applies to the hospital and |
medical expense
provisions of an accident or health insurance |
policy.
|
(b) If a policy provides that coverage of a dependent |
person terminates
upon attainment of the limiting age for |
dependent persons specified in the
policy, the attainment of |
such limiting age
does not operate to terminate the hospital |
and medical coverage of a person
who, because of a disabling |
handicapped condition that occurred before
attainment of the |
limiting age, is incapable of self-sustaining employment and
is |
dependent on his or her parents or other care providers for |
lifetime
care and supervision.
|
(c) For purposes of subsection (b), "dependent on other |
care providers" is
defined as requiring a Community Integrated |
Living Arrangement, group home,
supervised apartment, or other |
residential services licensed or certified by
the Department of |
Human Services (as successor to the Department of Mental
Health |
and Developmental Disabilities), the Department of Public |
Health, or
the Department of Healthcare and Family Services |
(formerly Department of Public Aid).
|
(d) The insurer may inquire of the policyholder 2 months |
prior to
attainment by a dependent of the limiting age set |
|
forth in the policy, or at
any reasonable time thereafter, |
whether such dependent is in fact a person who has a disability |
and is dependent disabled
and dependent person and, in the |
absence of proof submitted within 60 days of
such inquiry that |
such dependent is a person who has a disability and is |
dependent disabled and dependent person may
terminate coverage |
of such person at or after attainment of the limiting age.
In |
the absence of such inquiry, coverage of any person who has a |
disability and is dependent disabled and dependent person
shall |
continue through the term of such policy or any extension or |
renewal
thereof.
|
(e) This amendatory Act of 1969 is applicable to policies |
issued or
renewed
more than 60 days after the effective date of |
this amendatory Act of 1969.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(215 ILCS 5/356z.2)
|
Sec. 356z.2. Coverage for adjunctive services in dental |
care.
|
(a) An individual or group policy of accident and health |
insurance
amended, delivered, issued, or renewed after the |
effective date of this
amendatory Act of the 92nd General |
Assembly shall cover
charges incurred, and anesthetics |
provided, in
conjunction with dental care that is provided to a |
covered individual in a
hospital or
an ambulatory surgical |
treatment center
if any of the
following
applies:
|
|
(1) the individual is a child age 6 or under;
|
(2) the individual has a medical condition that |
requires
hospitalization or general anesthesia for dental |
care; or
|
(3) the individual is a person with a disability |
disabled .
|
(b) For purposes of this Section, "ambulatory surgical |
treatment center"
has the meaning given to that term in Section |
3 of the Ambulatory
Surgical Treatment Center Act.
|
For purposes of this Section, " person with a disability |
disabled " means a person, regardless of age,
with a chronic
|
disability if the chronic disability meets all of the following |
conditions:
|
(1) It is attributable to a mental or physical |
impairment or
combination of mental and physical |
impairments.
|
(2) It is likely to continue.
|
(3) It results in substantial functional limitations |
in one or more of
the following areas of major life |
activity:
|
(A) self-care;
|
(B) receptive and expressive language;
|
(C) learning;
|
(D) mobility;
|
(E) capacity for independent living; or
|
(F) economic self-sufficiency.
|
|
(c) The coverage required under this Section may be subject |
to any
limitations, exclusions, or cost-sharing provisions |
that apply generally under
the insurance policy.
|
(d) This Section does not apply to a policy that covers |
only dental care.
|
(e) Nothing in this Section requires that the dental |
services be
covered.
|
(f) The provisions of this Section do not apply to |
short-term travel,
accident-only, limited, or specified |
disease policies, nor to policies or
contracts designed for |
issuance to persons eligible for coverage under Title
XVIII of |
the Social Security Act, known as Medicare, or any other |
similar
coverage under State or federal governmental plans.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(215 ILCS 5/357.3) (from Ch. 73, par. 969.3)
|
Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES: (1) After 2 |
years from the
date of issue of this policy no misstatements, |
except fraudulent
misstatements, made by the applicant in the |
application for such policy
shall be used to void the policy or |
to deny a claim for loss incurred or
disability (as defined in |
the policy) commencing after the expiration of
such 2 year |
period."
|
(The foregoing policy provision shall not be so construed |
as to affect
any legal requirement for avoidance of a policy or |
denial of a claim during
such initial 2 year period, nor to |
|
limit the application of section 357.15
through section 357.19 |
in the event of misstatement with respect to age
or occupation |
or other insurance.)
|
A policy which the insured has the right to continue in |
force subject to
its terms by the timely payment of premium (1) |
until at least age 50 or,
(2) in the case of a policy issued |
after age 44, for at least 5 years from
its date of issue, may |
contain in lieu of the foregoing the following
provisions (from |
which the clause in parentheses may be omitted at the
company's |
option) under the caption "INCONTESTABLE":
|
"After this policy has been in force for a period of 2 |
years during the
lifetime of the insured (excluding any period |
during which the insured is
a person with a disability |
disabled ), it shall become incontestable as to the statements |
contained in
the application."
|
(2) "No claim for loss incurred or disability (as defined |
in the policy)
commencing after 2 years from the date of issue |
of this policy shall be
reduced or denied on the ground that a |
disease or physical condition not
excluded from coverage by |
name or specific description effective on the
date of loss had |
existed prior to the effective date of coverage of this
|
policy."
|
(Source: Laws 1967, p. 1735.)
|
(215 ILCS 5/362a) (from Ch. 73, par. 974a)
|
Sec. 362a. Non-application to certain policies. The |
|
provisions of sections 356a to 359a, both inclusive, shall not
|
apply to or affect (1) any policy of workers' compensation |
insurance or
any policy of liability insurance with or without |
supplementary expense
coverage therein; or (2) any policy or |
contract of reinsurance; or (3)
any group policy of insurance |
(unless otherwise specifically provided);
or (4) life |
insurance, endowment or annuity contracts, or contracts
|
supplemental thereto which contain only such provisions |
relating to
accident and sickness insurance as (a) provide |
additional benefits in
case of death or dismemberment or loss |
of sight by accident, or as (b)
operate to safeguard such |
contracts against lapse, or to give a special
surrender value |
or special benefit or an annuity in the event that the
insured |
or annuitant shall become a person with a total and permanent |
disability totally and permanently disabled , as
defined by the |
contract or supplemental contract.
|
(Source: P.A. 81-992.)
|
(215 ILCS 5/364) (from Ch. 73, par. 976)
|
Sec. 364. Discrimination prohibited. Discrimination |
between
individuals of the same class of risk in the issuance |
of its policies
or in the amount of premiums or rates charged
|
for any insurance covered by this article, or in the benefits
|
payable thereon, or in any of the terms or conditions of such |
policy, or
in any other manner whatsoever is prohibited. |
Nothing in this provision
shall prohibit an insurer from |
|
providing incentives for insureds to utilize
the services of a |
particular hospital or person. It is hereby expressly
provided |
that whenever the terms "physician" or "doctor" appear or are
|
used in any way in any policy of accident or health insurance |
issued in
this state, said terms shall include within their |
meaning persons
licensed to practice dentistry under the |
Illinois Dental Practice Act with
regard to benefits payable |
for services performed by a person so
licensed, which such |
services are within the coverage provided by the
particular |
policy or contract of insurance and are within the
professional |
services authorized to be performed by such person under
and in |
accordance with the said Act.
|
No company, in any policy of accident or health insurance |
issued in this
State, shall make or permit any distinction or |
discrimination against
individuals solely because of the |
individuals' disabilities handicaps or disabilities in the |
amount of
payment of premiums or rates charged for policies of |
insurance, in the
amount of any dividends or other benefits |
payable thereon, or in any other
terms and conditions of the |
contract it makes, except where the distinction
or |
discrimination is based on sound actuarial principles or is |
related to
actual or reasonably anticipated experience.
|
No company shall refuse to insure, or refuse to continue to |
insure,
or limit the amount or extent or kind of coverage |
available to an
individual, or charge an individual a different |
rate for the same coverage
solely because of blindness or |
|
partial blindness. With respect to all
other conditions, |
including the underlying cause of the blindness or
partial |
blindness, persons who are blind or partially blind shall be
|
subject to the same standards of sound actuarial principles or |
actual or
reasonably anticipated experience as are sighted |
persons. Refusal to
insure includes denial by an insurer of |
disability insurance coverage on
the grounds that the policy |
defines "disability" as being presumed in the
event that the |
insured loses his or her eyesight.
|
(Source: P.A. 91-549, eff. 8-14-99.)
|
(215 ILCS 5/367b) (from Ch. 73, par. 979b)
|
Sec. 367b. (a) This Section applies to the hospital and |
medical expense
provisions of a group accident or health |
insurance policy.
|
(b) If a policy
provides that coverage of a dependent of an |
employee or other member of the
covered group terminates upon |
attainment of the limiting age for dependent
persons specified |
in the policy, the
attainment of such limiting age does not |
operate to terminate the hospital
and medical coverage of a |
person who, because of a disabling handicapped
condition that |
occurred before attainment of the limiting age, is incapable of
|
self-sustaining employment and is dependent on his or her |
parents or other
care providers for lifetime care and |
supervision.
|
(c) For purposes of subsection (b), "dependent on other |
|
care providers" is
defined as requiring a Community Integrated |
Living Arrangement, group home,
supervised apartment, or other |
residential services licensed or certified by
the Department of |
Human Services (as successor to the Department of Mental
Health |
and Developmental Disabilities), the Department
of Public |
Health, or the Department of Healthcare and Family Services |
(formerly Department of Public Aid).
|
(d) The insurer may inquire of the person insured 2 months |
prior to
attainment by a dependent of the limiting age set |
forth in the policy, or
at any reasonable time thereafter, |
whether such dependent is in fact a
person who has a disability |
and is dependent disabled and dependent person and, in the |
absence of proof submitted within
31 days of such inquiry that |
such dependent is a person who has a disability and is |
dependent disabled and dependent
person may terminate coverage |
of such person at or after attainment of the
limiting age. In |
the absence of such inquiry, coverage of any person who has a |
disability and is dependent disabled and
dependent person shall |
continue through the term of such policy or any
extension or |
renewal.
|
(e) This amendatory Act of 1969 is applicable to policies |
issued or
renewed
more than 60 days after the effective date of |
this amendatory Act of 1969.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(215 ILCS 5/367i) (from Ch. 73, par. 979i)
|
|
Sec. 367i. Discontinuance and replacement of coverage. |
Group health
insurance policies issued, amended, delivered or |
renewed on and after the
effective date of this amendatory Act |
of 1989, shall provide a reasonable
extension of benefits in |
the event of total disability on the date the
policy is |
discontinued for any reason.
|
Any applicable extension of benefits or accrued liability |
shall be
described in the policy and group certificate. |
Benefits payable during any
extension of benefits may be |
subject to the policy's regular benefit limits.
|
Any insurer discontinuing a group health insurance policy |
shall provide
to the policyholder for delivery to covered |
employees or members a notice
as to the date such |
discontinuation is to be effective and urging them to
refer to |
their group certificates to determine what contract rights, if
|
any, are available to them.
|
In the event a discontinued policy is replaced by another |
group policy,
the prior insurer or plan shall be liable only to |
the extent of its accrued
liabilities and extension of |
benefits. Persons eligible for coverage
under the succeeding |
insurer's plan shall include all
employees and dependents |
covered under the prior insurer's plan, including
individuals |
with disabilities disabled individuals covered under the prior |
plan but absent from work on the
effective date and thereafter. |
The prior insurer shall provide extension of
benefits for an |
insured's disabling condition when no coverage is available
|
|
under the succeeding insurer's plan whether due to the absence |
of coverage in
the contract or lack of required creditable |
coverage for a preexisting
condition.
|
The Director shall promulgate reasonable rules as |
necessary to carry
out this Section.
|
(Source: P.A. 91-549, eff. 8-14-99.)
|
(215 ILCS 5/424) (from Ch. 73, par. 1031)
|
Sec. 424. Unfair methods of competition and unfair or |
deceptive acts or
practices defined. The following are hereby |
defined as unfair methods of
competition and unfair and |
deceptive acts or practices in the business of
insurance:
|
(1) The commission by any person of any one or more of the |
acts
defined or prohibited by Sections 134, 143.24c, 147, 148, |
149, 151, 155.22,
155.22a, 155.42,
236, 237, 364, and 469 of |
this Code.
|
(2) Entering into any agreement to commit, or by any |
concerted
action committing, any act of boycott, coercion or |
intimidation
resulting in or tending to result in unreasonable |
restraint of, or
monopoly in, the business of insurance.
|
(3) Making or permitting, in the case of insurance of the |
types
enumerated in Classes 1, 2, and 3 of Section 4, any |
unfair discrimination
between individuals or risks of the same |
class or of essentially the same
hazard and expense element |
because of the race, color, religion, or national
origin of |
such insurance risks or applicants. The application of this |
|
Article
to the types of insurance enumerated in Class 1 of |
Section 4 shall in no way
limit, reduce, or impair the |
protections and remedies already provided for by
Sections 236 |
and 364 of this Code or any other provision of this Code.
|
(4) Engaging in any of the acts or practices defined in or |
prohibited by
Sections 154.5 through 154.8 of this Code.
|
(5) Making or charging any rate for insurance against |
losses arising
from the use or ownership of a motor vehicle |
which requires a higher
premium of any person by reason of his |
physical disability handicap , race, color,
religion, or |
national origin.
|
(Source: P.A. 97-527, eff. 8-23-11.)
|
(215 ILCS 5/500-50)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 500-50. Insurance producers; examination statistics.
|
(a) The use of examinations for the purpose of determining |
qualifications of
persons
to be licensed as insurance producers |
has a direct and far-reaching effect on
persons seeking
those |
licenses, on insurance companies, and on the public. It is in |
the public
interest and it will
further the public welfare to |
insure that examinations for licensing do not
have the effect |
of
unlawfully discriminating against applicants for licensing |
as insurance
producers on the basis of
race, color, national |
origin, or sex.
|
(b) As used in this Section, the following words have the |
|
meanings given in
this
subsection.
|
Examination. "Examination" means the examination in each |
line of insurance
administered pursuant to Section 500-30.
|
Examinee. "Examinee" means a person who takes an |
examination.
|
Part. "Part" means a portion of an examination for which a |
score is
calculated.
|
Operational item. "Operational item" means a test question |
considered in
determining an
examinee's score.
|
Test form. "Test form" means the test booklet or instrument |
used for a part
of
an
examination.
|
Pretest item. "Pretest item" means a prospective test |
question that is
included
in a test
form in order to assess its |
performance, but is not considered in determining
an examinee's |
score.
|
Minority group or examinees. "Minority group" or "minority |
examinees" means
examinees who are American Indian or Alaska |
Native, Asian, Black or African American, Hispanic or Latino, |
or Native Hawaiian or Other Pacific Islander.
|
Correct-answer rate. "Correct-answer rate" for an item |
means the number of
examinees
who provided the correct answer |
on an item divided by the number of examinees
who answered
the |
item.
|
Correlation. "Correlation" means a statistical measure of |
the relationship
between
performance on an item and performance |
on a part of the examination.
|
|
(c) The Director shall ask each examinee to self-report on |
a voluntary basis
on the
answer sheet, application form, or by |
other appropriate means, the following
information:
|
(1) race or ethnicity (American Indian or Alaska |
Native, Asian, Black or African American, Hispanic or |
Latino, Native Hawaiian or Other Pacific Islander, or |
White);
|
(2) education (8th grade or less; less than 12th grade; |
high school
diploma or high school equivalency |
certificate; some college, but no 4-year degree; or 4-year |
degree or more); and
|
(3) gender (male or female).
|
The Director must advise all examinees that they are not |
required to provide
this
information, that they will not be |
penalized for not doing so, and that the
Director will use the
|
information provided exclusively for research and statistical |
purposes and to
improve the quality
and fairness of the |
examinations.
|
(d) No later than May 1 of each year, the Director must |
prepare, publicly
announce,
and publish an Examination Report |
of summary statistical information relating
to each
|
examination administered during the preceding calendar year. |
Each Examination
Report shall
show with respect to each |
examination:
|
(1) For all examinees combined and separately by race |
or ethnicity, by
educational level, by gender, by |
|
educational level within race or ethnicity, by
education
|
level within gender, and by race or ethnicity within |
gender:
|
(A) number of examinees;
|
(B) percentage and number of examinees who passed |
each part;
|
(C) percentage and number of examinees who passed |
all parts;
|
(D) mean scaled scores on each part; and
|
(E) standard deviation of scaled scores on each |
part.
|
(2) For male examinees, female examinees, Black or |
African American examinees,
white examinees, American |
Indian or Alaska Native examinees, Asian examinees, |
Hispanic or Latino
examinees, and Native Hawaiian or Other |
Pacific Islander, respectively, with a high school diploma |
or high school equivalency certificate, the distribution
|
of scaled
scores on each part.
|
No later than May 1 of each year, the Director must prepare |
and make
available on
request an Item Report of summary |
statistical information relating to each
operational item on
|
each test form administered during the preceding calendar year. |
The Item Report
shall show, for
each operational item, for all |
examinees combined and separately for Black or African
American
|
examinees, white examinees, American Indian or Alaska Native |
examinees, Asian examinees,
Hispanic or Latino examinees, and |
|
Native Hawaiian or Other Pacific Islander, the correct-answer |
rates and correlations.
|
The Director is not required to report separate statistical |
information
for any group or
subgroup comprising fewer than 50 |
examinees.
|
(e) The Director must obtain a regular analysis of the data |
collected under
this
Section, and any other relevant |
information, for purposes of the development of
new test forms.
|
The analysis shall continue the implementation of the item |
selection
methodology as
recommended in the Final Report of the |
Illinois Insurance Producer's Licensing
Examination
Advisory |
Committee dated November 19, 1991, and filed with the |
Department
unless some other
methodology is determined by the |
Director to be as effective in minimizing
differences between
|
white and minority examinee pass-fail rates.
|
(f) The Director has the discretion to set cutoff scores |
for the
examinations, provided
that scaled scores on test forms |
administered after July 1, 1993, shall be made
comparable to
|
scaled scores on test forms administered in 1991 by use of |
professionally
acceptable methods so
as to minimize changes in |
passing rates related to the presence or absence of
or changes |
in
equating or scaling equations or methods or content |
outlines. Each calendar
year, the scaled
cutoff score for each |
part of each examination shall fluctuate by no more than
the |
standard error
of measurement from the scaled cutoff score |
employed during the preceding year.
|
|
(g) No later than May 1, 2003 and no later than May 1 of |
every fourth year
thereafter,
the Director must release to the |
public and make generally available one
representative test |
form
and set of answer keys for each part of each examination.
|
(h) The Director must maintain, for a period of 3 years |
after they are
prepared or
used, all registration forms, test |
forms, answer sheets, operational items and
pretest items, item
|
analyses, and other statistical analyses relating to the |
examinations. All
personal identifying
information regarding |
examinees and the content of test items must be
maintained |
confidentially
as necessary for purposes of protecting the |
personal privacy of examinees and
the maintenance of
test |
security.
|
(i) In administering the examinations, the Director must |
make such
accommodations
for examinees with disabilities |
disabled examinees as are reasonably warranted by the |
particular disability
involved,
including the provision of |
additional time if necessary to complete an
examination or |
special
assistance in taking an examination. |
(j) For the purposes of this Section:
|
(1) "American Indian or Alaska Native" means a person |
having origins in any of the original peoples of North and |
South America, including Central America, and who |
maintains tribal affiliation or community attachment. |
(2) "Asian" means a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
|
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam. |
(3) "Black or African American" means a person having |
origins in any of the black racial groups of Africa. Terms |
such as "Haitian" or "Negro" can be used in addition to |
"Black or African American". |
(4) "Hispanic or Latino" means a person of Cuban, |
Mexican, Puerto Rican, South or Central American, or other |
Spanish culture or origin, regardless of race. |
(5) "Native Hawaiian or Other Pacific Islander" means a |
person having origins in any of the original peoples of |
Hawaii, Guam, Samoa, or other Pacific Islands. |
(6) "White" means a person having origins in any of the |
original peoples of Europe, the Middle East, or North |
Africa. |
(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15 .)
|
(215 ILCS 5/500-60)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 500-60. Temporary licensing.
|
(a) The Director may issue a temporary insurance producer |
license for a
period not to
exceed 180 days and, at the |
discretion of the Director, may renew the temporary
producer |
license
for an additional 180 days without requiring an |
examination if the Director
deems that the
temporary license is |
|
necessary for the servicing of an insurance business in
the |
following cases:
|
(1) to the surviving spouse or court-appointed |
personal representative of
a
licensed insurance producer |
who dies or becomes a person with a mental or physical |
disability mentally or physically disabled
to
allow |
adequate time for the sale of the insurance business owned |
by the
producer or for
the recovery or return of the |
producer to the business or to provide for the
training and
|
licensing of new personnel to operate the producer's |
business;
|
(2) to a member or employee of a business entity |
licensed as an insurance
producer, upon the death or |
disability of an individual designated in the
business |
entity
application or the license; or
|
(3) to the designee of a licensed insurance producer |
entering active
service in
the armed forces of the United |
States of America.
|
(b) The Director may by order limit the authority of any |
temporary licensee
in any
way deemed necessary to protect |
insureds and the public. The Director may
require the
temporary |
licensee to have a suitable sponsor who is a licensed producer |
or
insurer and who
assumes responsibility for all acts of the |
temporary licensee and may impose
other similar
requirements |
designed to protect insureds and the public. The Director may |
by
order revoke a
temporary license if the interest of insureds |
|
or the public are endangered. A
temporary license
may not |
continue after the owner or the personal representative |
disposes of the
business.
|
(c) Before any temporary insurance producer license is |
issued, there must be
filed
with the Director a written |
application by the person desiring the license in
the form, |
with the
supplements, and containing the information that the |
Director requires.
License fees, as
provided for in Section |
500-135, must be paid upon the issuance of the original
|
temporary
insurance producer license, but not for any renewal |
thereof.
|
(Source: P.A. 92-386, eff. 1-1-02 .)
|
Section 535. The Comprehensive Health Insurance Plan Act is |
amended by changing Section 2 as follows:
|
(215 ILCS 105/2) (from Ch. 73, par. 1302)
|
Sec. 2. Definitions. As used in this Act, unless the |
context otherwise
requires:
|
"Plan administrator" means the insurer or third party
|
administrator designated under Section 5 of this Act.
|
"Benefits plan" means the coverage to be offered by the |
Plan to
eligible persons and federally eligible individuals |
pursuant to this Act.
|
"Board" means the Illinois Comprehensive Health Insurance |
Board.
|
|
"Church plan" has the same meaning given that term in the |
federal Health
Insurance Portability and Accountability Act of |
1996.
|
"Continuation coverage" means continuation of coverage |
under a group health
plan or other health insurance coverage |
for former employees or dependents of
former employees that |
would otherwise have terminated under the terms of that
|
coverage pursuant to any continuation provisions under federal |
or State law,
including the Consolidated Omnibus Budget |
Reconciliation Act of 1985 (COBRA),
as amended, Sections 367.2, |
367e, and 367e.1 of the Illinois Insurance Code, or
any
other |
similar requirement in another State.
|
"Covered person" means a person who is and continues to |
remain eligible for
Plan coverage and is covered under one of |
the benefit plans offered by the
Plan.
|
"Creditable coverage" means, with respect to a federally |
eligible
individual, coverage of the individual under any of |
the following:
|
(A) A group health plan.
|
(B) Health insurance coverage (including group health |
insurance coverage).
|
(C) Medicare.
|
(D) Medical assistance.
|
(E) Chapter 55 of title 10, United States Code.
|
(F) A medical care program of the Indian Health Service |
or of a tribal
organization.
|
|
(G) A state health benefits risk pool.
|
(H) A health plan offered under Chapter 89 of title 5, |
United States Code.
|
(I) A public health plan (as defined in regulations |
consistent with
Section
104 of the Health Care Portability |
and Accountability Act of 1996 that may be
promulgated by |
the Secretary of the U.S. Department of Health and Human
|
Services).
|
(J) A health benefit plan under Section 5(e) of the |
Peace Corps Act (22
U.S.C. 2504(e)).
|
(K) Any other qualifying coverage required by the |
federal Health Insurance
Portability and Accountability |
Act of 1996, as it may be amended, or
regulations under |
that
Act.
|
"Creditable coverage" does not include coverage consisting |
solely of coverage
of excepted benefits, as defined in Section |
2791(c) of title XXVII of
the
Public Health Service Act (42 |
U.S.C. 300 gg-91), nor does it include any
period
of coverage |
under any of items (A) through (K) that occurred before a break |
of
more than 90 days or, if the individual has
been certified |
as eligible pursuant to the federal Trade Act
of 2002, a
break |
of more than 63 days during all of which the individual was not |
covered
under any of items (A) through (K) above.
|
Any period that an individual is in a waiting period for
|
any coverage under a group health plan (or for group health |
insurance
coverage) or is in an affiliation period under the |
|
terms of health insurance
coverage offered by a health |
maintenance organization shall not be taken into
account in |
determining if there has been a break of more than 90
days in |
any
creditable coverage.
|
"Department" means the Illinois Department of Insurance.
|
"Dependent" means an Illinois resident: who is a spouse; or |
who is claimed
as a dependent by the principal insured for |
purposes of filing a federal income
tax return and resides in |
the principal insured's household, and is a resident
unmarried |
child under the age of 19 years; or who is an unmarried child |
who
also is a full-time student under the age of 23 years and |
who is financially
dependent upon the principal insured; or who |
is a child of any age and who is
a person with a disability |
disabled and financially dependent upon the
principal insured.
|
"Direct Illinois premiums" means, for Illinois business, |
an insurer's direct
premium income for the kinds of business |
described in clause (b) of Class 1 or
clause (a) of Class 2 of |
Section 4 of the Illinois Insurance Code, and direct
premium |
income of a health maintenance organization or a voluntary |
health
services plan, except it shall not include credit health |
insurance as defined
in Article IX 1/2 of the Illinois |
Insurance Code.
|
"Director" means the Director of the Illinois Department of |
Insurance.
|
"Effective date of medical assistance" means the date that |
eligibility for medical assistance for a person is approved by |
|
the Department of Human Services or the Department of |
Healthcare and Family Services, except when the Department of |
Human Services or the Department of Healthcare and Family |
Services determines eligibility retroactively. In such |
circumstances, the effective date of the medical assistance is |
the date the Department of Human Services or the Department of |
Healthcare and Family Services determines the person to be |
eligible for medical assistance. As it pertains to Medicare, |
the effective date is 24 months after the entitlement date as |
approved by the Social Security Administration, except when |
eligibility is made retroactive to a prior date. In such |
circumstances, the effective date of Medicare is the date on |
the Notice of Award letter issued by the Social Security |
Administration. |
"Eligible person" means a resident of this State who |
qualifies
for Plan coverage under Section 7 of this Act.
|
"Employee" means a resident of this State who is employed |
by an employer
or has entered into
the employment of or works |
under contract or service of an employer
including the |
officers, managers and employees of subsidiary or affiliated
|
corporations and the individual proprietors, partners and |
employees of
affiliated individuals and firms when the business |
of the subsidiary or
affiliated corporations, firms or |
individuals is controlled by a common
employer through stock |
ownership, contract, or otherwise.
|
"Employer" means any individual, partnership, association, |
|
corporation,
business trust, or any person or group of persons |
acting directly or indirectly
in the interest of an employer in |
relation to an employee, for which one or
more
persons is |
gainfully employed.
|
"Family" coverage means the coverage provided by the Plan |
for the
covered person and his or her eligible dependents who |
also are
covered persons.
|
"Federally eligible individual" means an individual |
resident of this State:
|
(1)(A) for whom, as of the date on which the individual |
seeks Plan
coverage
under Section 15 of this Act, the |
aggregate of the periods of creditable
coverage is 18 or |
more months or, if the individual has been
certified as
|
eligible pursuant to the federal Trade Act of 2002,
3 or |
more
months, and (B) whose most recent prior creditable
|
coverage was under group health insurance coverage offered |
by a health
insurance issuer, a group health plan, a |
governmental plan, or a church plan
(or
health insurance |
coverage offered in connection with any such plans) or any
|
other type of creditable coverage that may be required by |
the federal Health
Insurance Portability
and |
Accountability Act of 1996, as it may be amended, or the |
regulations
under that Act;
|
(2) who
is not eligible for coverage under
(A) a group |
health plan
(other than an individual who has been |
certified as eligible
pursuant to the federal Trade Act of |
|
2002), (B)
part
A or part B of Medicare due to age
(other |
than an individual who has been certified as eligible
|
pursuant to the federal Trade Act of 2002), or (C) medical |
assistance, and
does not
have other
health insurance |
coverage (other than an individual who has been certified |
as
eligible pursuant to the federal Trade Act of 2002);
|
(3) with respect to whom (other than an individual who |
has been
certified as eligible pursuant to the federal |
Trade Act of 2002) the most
recent coverage within the |
coverage
period
described in paragraph (1)(A) of this |
definition was not terminated
based upon a factor relating |
to nonpayment of premiums or fraud;
|
(4) if the individual (other than an individual who has
|
been certified
as eligible pursuant to the federal Trade |
Act
of 2002)
had been offered the option of continuation
|
coverage
under a COBRA continuation provision or under a |
similar State program, who
elected such coverage; and
|
(5) who, if the individual elected such continuation |
coverage, has
exhausted
such continuation coverage under |
such provision or program.
|
However, an individual who has been certified as
eligible
|
pursuant to the
federal Trade Act of 2002
shall not be required |
to elect
continuation
coverage under a COBRA continuation |
provision or under a similar state
program.
|
"Group health insurance coverage" means, in connection |
with a group health
plan, health insurance coverage offered in |
|
connection with that plan.
|
"Group health plan" has the same meaning given that term in |
the federal
Health
Insurance Portability and Accountability |
Act of 1996.
|
"Governmental plan" has the same meaning given that term in |
the federal
Health
Insurance Portability and Accountability |
Act of 1996.
|
"Health insurance coverage" means benefits consisting of |
medical care
(provided directly, through insurance or |
reimbursement, or otherwise and
including items and services |
paid for as medical care) under any hospital and
medical |
expense-incurred policy,
certificate, or
contract provided by |
an insurer, non-profit health care service plan
contract, |
health maintenance organization or other subscriber contract, |
or
any other health care plan or arrangement that pays for or |
furnishes
medical or health care services whether by
insurance |
or otherwise. Health insurance coverage shall not include short
|
term,
accident only,
disability income, hospital confinement |
or fixed indemnity, dental only,
vision only, limited benefit, |
or credit
insurance, coverage issued as a supplement to |
liability insurance,
insurance arising out of a workers' |
compensation or similar law, automobile
medical-payment |
insurance, or insurance under which benefits are payable
with |
or without regard to fault and which is statutorily required to |
be
contained in any liability insurance policy or equivalent |
self-insurance.
|
|
"Health insurance issuer" means an insurance company, |
insurance service,
or insurance organization (including a |
health maintenance organization and a
voluntary health |
services plan) that is authorized to transact health
insurance
|
business in this State. Such term does not include a group |
health plan.
|
"Health Maintenance Organization" means an organization as
|
defined in the Health Maintenance Organization Act.
|
"Hospice" means a program as defined in and licensed under |
the
Hospice Program Licensing Act.
|
"Hospital" means a duly licensed institution as defined in |
the
Hospital Licensing Act,
an institution that meets all |
comparable conditions and requirements in
effect in the state |
in which it is located, or the University of Illinois
Hospital |
as defined in the University of Illinois Hospital Act.
|
"Individual health insurance coverage" means health |
insurance coverage
offered to individuals in the individual |
market, but does not include
short-term, limited-duration |
insurance.
|
"Insured" means any individual resident of this State who |
is
eligible to receive benefits from any insurer (including |
health insurance
coverage offered in connection with a group |
health plan) or health
insurance issuer as
defined in this |
Section.
|
"Insurer" means any insurance company authorized to |
transact health
insurance business in this State and any |
|
corporation that provides medical
services and is organized |
under the Voluntary Health Services Plans Act or
the Health |
Maintenance Organization
Act.
|
"Medical assistance" means the State medical assistance or |
medical
assistance no grant (MANG) programs provided under
|
Title XIX of the Social Security Act and
Articles V (Medical |
Assistance) and VI (General Assistance) of the Illinois
Public |
Aid Code (or any successor program) or under any
similar |
program of health care benefits in a state other than Illinois.
|
"Medically necessary" means that a service, drug, or supply |
is
necessary and appropriate for the diagnosis or treatment of |
an illness or
injury in accord with generally accepted |
standards of medical practice at
the time the service, drug, or |
supply is provided. When specifically
applied to a confinement |
it further means that the diagnosis or treatment
of the covered |
person's medical symptoms or condition cannot be
safely
|
provided to that person as an outpatient. A service, drug, or |
supply shall
not be medically necessary if it: (i) is |
investigational, experimental, or
for research purposes; or |
(ii) is provided solely for the convenience of
the patient, the |
patient's family, physician, hospital, or any other
provider; |
or (iii) exceeds in scope, duration, or intensity that level of
|
care that is needed to provide safe, adequate, and appropriate |
diagnosis or
treatment; or (iv) could have been omitted without |
adversely affecting the
covered person's condition or the |
quality of medical care; or
(v) involves
the use of a medical |
|
device, drug, or substance not formally approved by
the United |
States Food and Drug Administration.
|
"Medical care" means the ordinary and usual professional |
services rendered
by a physician or other specified provider |
during a professional visit for
treatment of an illness or |
injury.
|
"Medicare" means coverage under both Part A and Part B of |
Title XVIII of
the Social Security
Act, 42 U.S.C. Sec. 1395, et |
seq.
|
"Minimum premium plan" means an arrangement whereby a |
specified
amount of health care claims is self-funded, but the |
insurance company
assumes the risk that claims will exceed that |
amount.
|
"Participating transplant center" means a hospital |
designated by the
Board as a preferred or exclusive provider of |
services for one or more
specified human organ or tissue |
transplants for which the hospital has
signed an agreement with |
the Board to accept a transplant payment allowance
for all |
expenses related to the transplant during a transplant benefit |
period.
|
"Physician" means a person licensed to practice medicine |
pursuant to
the Medical Practice Act of 1987.
|
"Plan" means the Comprehensive Health Insurance Plan
|
established by this Act.
|
"Plan of operation" means the plan of operation of the
|
Plan, including articles, bylaws and operating rules, adopted |
|
by the board
pursuant to this Act.
|
"Provider" means any hospital, skilled nursing facility, |
hospice, home
health agency, physician, registered pharmacist |
acting within the scope of that
registration, or any other |
person or entity licensed in Illinois to furnish
medical care.
|
"Qualified high risk pool" has the same meaning given that |
term in the
federal Health
Insurance Portability and |
Accountability Act of 1996.
|
"Resident" means a person who is and continues to be |
legally domiciled
and physically residing on a permanent and |
full-time basis in a
place of permanent habitation
in this |
State
that remains that person's principal residence and from |
which that person is
absent only for temporary or transitory |
purpose.
|
"Skilled nursing facility" means a facility or that portion |
of a facility
that is licensed by the Illinois Department of |
Public Health under the
Nursing Home Care Act or a comparable |
licensing authority in another state
to provide skilled nursing |
care.
|
"Stop-loss coverage" means an arrangement whereby an |
insurer
insures against the risk that any one claim will exceed |
a specific dollar
amount or that the entire loss of a |
self-insurance plan will exceed
a specific amount.
|
"Third party administrator" means an administrator as |
defined in
Section 511.101 of the Illinois Insurance Code who |
is licensed under
Article XXXI 1/4 of that Code.
|
|
(Source: P.A. 97-346, eff. 8-12-11.)
|
Section 540. The Health Maintenance Organization Act is |
amended by changing Section 4-9.1 as follows:
|
(215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1)
|
Sec. 4-9.1. Dependent Coverage Termination.
|
(a) The attainment of a limiting age under a group contract |
or
evidence of coverage which provides that coverage of a |
dependent person of
an enrollee shall terminate upon attainment |
of the limiting age for
dependent persons does
not operate to |
terminate the coverage of a person who, because
of a disabling |
handicapped condition that occurred before attainment of the |
limiting age,
is incapable of self-sustaining employment and is |
dependent on his
or her
parents or other care providers for |
lifetime care and supervision.
|
(b) For purposes of subsection (a), "dependent on other |
care providers" is
defined as requiring a Community Integrated |
Living Arrangement, group home,
supervised apartment, or other |
residential services licensed or certified by
the Department of |
Human Services (as successor to the Department of Mental
Health |
and Developmental Disabilities), the Department
of Public |
Health, or the Department of Healthcare and Family Services |
(formerly Department of Public Aid).
|
(c) Proof of such incapacity and dependency shall be |
furnished to the health
maintenance organization by the |
|
enrollee within
31 days of a request for the
information by the |
health maintenance organization and subsequently as may
be |
required by the health maintenance organization, but not more |
frequently
than annually. In the absence of proof submitted |
within 31 days of such
inquiry that such dependent is a person |
who has a disability and is a dependent disabled and dependent |
person , the health
maintenance organization may terminate |
coverage of such person at or
after attainment of the limiting |
age. In the absence of such inquiry,
coverage of any person who |
has a disability and is a dependent disabled and dependent |
person shall continue through the
term of the group contract or |
evidence of coverage or any extension or
renewal thereof.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 545. The Viatical Settlements Act of 2009 is |
amended by changing Section 50 as follows:
|
(215 ILCS 159/50)
|
Sec. 50. Prohibited practices. |
(a) It is a violation of this Act for any person to enter |
into a viatical settlement contract prior to the application of |
or issuance of a policy that is the subject of the viatical |
settlement contract. It is a violation of this Act for any |
person to enter into stranger-originated life insurance or |
STOLI as defined by this Act. |
(b) It is a violation of this Act for any person to enter |
|
into a viatical
settlement contract within a 2-year period |
commencing with the date of issuance of the insurance policy |
unless the viator certifies to the viatical settlement provider |
that one or more of the following conditions have been met |
within the 2-year period: |
(1) The policy was issued upon the viator's exercise of |
conversion rights arising out of a group or individual |
policy, provided the total of the time covered under the |
conversion policy plus the time covered under the prior |
policy is at least 24 months. The time covered under a |
group policy shall be calculated without regard to any |
change in insurance carriers, provided the coverage has |
been continuous and under the same group sponsorship. |
(2) The viator certifies and submits independent |
evidence to the viatical settlement provider that one or |
more of the following conditions have been met within the |
2-year period: |
(A) the viator or insured is terminally or |
chronically ill; |
(B) the viator's spouse dies; |
(C) the viator divorces his or her spouse; |
(D) the viator retires from full-time employment; |
(E) the viator becomes a person with a physical or |
mental disability physically or mentally disabled and |
a physician determines that the disability prevents |
the viator from maintaining full-time employment; |
|
(F) a court of competent jurisdiction enters a |
final order, judgment, or decree on the application of |
a creditor of the viator, adjudicating the viator |
bankrupt or insolvent, or approving a petition seeking |
reorganization of the viator or appointing a receiver, |
trustee, or liquidator to all or a substantial part of |
the viator's assets; |
(G) the sole beneficiary of the policy is a family |
member of the viator and the beneficiary dies; or |
(H) any other condition that the Director may
|
determine by regulation to be an extraordinary |
circumstance for the
viator or the insured. |
(c) Copies of the independent evidence described in |
paragraph (2) of subsection (b) of this Section and documents |
required by Section 45 shall be submitted to the insurer when |
the viatical settlement provider or any other party entering |
into a viatical settlement contract with a viator submits a |
request to the insurer for verification of coverage. The copies |
shall be accompanied by a letter of attestation from the |
viatical settlement provider that the copies are true and |
correct copies of the documents received by the viatical |
settlement provider. |
(d) If the viatical settlement provider submits to the |
insurer a copy of the owner or insured's certification |
described in and the independent evidence required by paragraph |
(2) of subsection (b) of this Section when the viatical |
|
settlement provider submits a request to the insurer to effect |
the transfer of the policy to the viatical settlement provider, |
then the copy shall be deemed to conclusively establish that |
the viatical settlement contract satisfies the requirements of |
this Section, and the insurer shall timely respond to the |
request. |
(e) No insurer may, as a condition of responding to a |
request for verification of coverage or effecting the transfer |
of a policy pursuant to a viatical settlement contract, require |
that the viator, insured, viatical settlement provider, or |
viatical settlement broker sign any forms, disclosures, |
consent, or waiver form that has not been expressly approved by |
the Director for use in connection with viatical settlement |
contracts in this State. |
(f) Upon receipt of a properly completed request for change |
of ownership or beneficiary of a policy, the insurer shall |
respond in writing within 30 calendar days to confirm that the |
change has been effected or specifying the reasons why the |
requested change cannot be processed. No insurer shall |
unreasonably delay effecting change of ownership or |
beneficiary or seek to interfere with any viatical settlement |
contract lawfully entered into in this State.
|
(Source: P.A. 96-736, eff. 7-1-10 .)
|
Section 550. The Voluntary Health Services Plans Act is |
amended by changing Section 15a as follows:
|
|
(215 ILCS 165/15a) (from Ch. 32, par. 609a)
|
Sec. 15a. Dependent Coverage Termination.
|
(a) The attainment of a limiting age under a voluntary |
health services
plan which provides that coverage of
a |
dependent of a subscriber terminates upon attainment of the |
limiting age
for dependent persons specified in the |
subscription certificate does not
operate to terminate
the |
coverage of a person who, because of a disabling handicapped |
condition
that occurred before attainment of the limiting age, |
is incapable of
self-sustaining employment and is dependent on |
his or her parents or other
care providers for lifetime care |
and supervision.
|
(b) For purposes of subsection (a), "dependent on other |
care providers" is
defined as requiring a Community Integrated |
Living Arrangement, group home,
supervised apartment, or other |
residential services licensed or certified by
the Department of |
Human Services (as successor to the Department of Mental
Health |
and Developmental Disabilities), the Department
of Public |
Health, or the Department of Healthcare and Family Services |
(formerly Department of Public Aid).
|
(c) The corporation may require, at reasonable intervals |
from the date
of the first claim filed on behalf of the person |
with a disability who is dependent disabled and dependent |
person or from
the date the corporation receives notice of a |
covered person's disability and
dependency, proof of the |
|
person's disability and dependency.
|
(d) This amendatory Act of 1969 is applicable to |
subscription
certificates
issued or renewed after October 27, |
1969.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 555. The Public Utilities Act is amended by |
changing Sections 13-703 and 16-108.5 as follows:
|
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
|
(Section scheduled to be repealed on July 1, 2015)
|
Sec. 13-703.
(a) The Commission shall design and implement |
a program
whereby each telecommunications carrier providing |
local exchange service
shall provide a telecommunications |
device capable of servicing the needs of
those persons with a |
hearing or speech disability together with a
single party line, |
at no charge additional to the basic exchange rate, to
any |
subscriber who is certified as having a hearing or speech |
disability by a
licensed physician, speech-language |
pathologist, audiologist or a qualified
State agency and to any |
subscriber which is an organization serving the needs
of those |
persons with a hearing or speech disability as determined and
|
specified by the Commission pursuant to subsection (d).
|
(b) The Commission shall design and implement a program, |
whereby each
telecommunications carrier providing local |
exchange service shall provide a
telecommunications relay |
|
system, using third party intervention to connect
those persons |
having a hearing or speech disability with persons of normal
|
hearing by way of intercommunications devices and the telephone |
system, making
available reasonable access to all phases of |
public telephone service to
persons who have a hearing or |
speech disability. In order to design a
telecommunications |
relay system which will meet the requirements of those
persons |
with a hearing or speech disability available at a reasonable |
cost, the
Commission shall initiate an investigation and |
conduct public hearings to
determine the most cost-effective |
method of providing telecommunications relay
service to those |
persons who have a hearing or speech disability when using
|
telecommunications devices and therein solicit the advice, |
counsel, and
physical assistance of Statewide nonprofit |
consumer organizations that serve
persons with hearing or |
speech disabilities in such hearings and during the
development |
and implementation of the system. The Commission shall phase
in |
this program, on a geographical basis, as soon as is |
practicable, but
no later than June 30, 1990.
|
(c) The Commission shall establish a rate recovery |
mechanism,
authorizing charges in an amount to be determined by |
the Commission
for each line of a subscriber to allow |
telecommunications carriers
providing local exchange service |
to recover costs as they are incurred
under this Section.
|
(d) The Commission shall determine and specify those |
organizations serving
the needs of those persons having a |
|
hearing or speech disability that shall
receive a |
telecommunications device and in which offices the equipment |
shall be
installed in the case of an organization having more |
than one office. For the
purposes of this Section, |
"organizations serving the needs of those persons
with hearing |
or speech disabilities" means centers for independent living as
|
described in Section 12a of the Rehabilitation of Persons with |
Disabilities Disabled Persons Rehabilitation Act and
|
not-for-profit organizations whose primary purpose is serving |
the needs of
those persons with hearing or speech disabilities. |
The Commission shall direct
the telecommunications carriers |
subject to its jurisdiction and this
Section to comply with its |
determinations and specifications in this regard.
|
(e) As used in this Section, the phrase "telecommunications |
carrier
providing local exchange service" includes, without |
otherwise limiting the
meaning of the term, telecommunications |
carriers which are purely mutual
concerns, having no rates or |
charges for services, but paying the operating
expenses by |
assessment upon the members of such a company and no other
|
person.
|
(f) Interconnected VoIP service providers in Illinois |
shall collect and remit assessments determined in accordance |
with this Section in a competitively neutral manner in the same |
manner as a telecommunications carrier providing local |
exchange service. Interconnected VoIP services shall not be |
considered an intrastate telecommunications service for the |
|
purposes of this Section in a manner inconsistent with federal |
law or Federal Communications Commission regulation. |
(g) The provisions of this Section are severable under |
Section 1.31 of the Statute on Statutes. |
(Source: P.A. 96-927, eff. 6-15-10 .)
|
(220 ILCS 5/16-108.5) |
Sec. 16-108.5. Infrastructure investment and |
modernization; regulatory reform. |
(a) (Blank). |
(b) For purposes of this Section, "participating utility" |
means an electric utility or a combination utility serving more |
than 1,000,000 customers in Illinois that voluntarily elects |
and commits to undertake (i) the infrastructure investment |
program consisting of the commitments and obligations |
described in this subsection (b) and (ii) the customer |
assistance program consisting of the commitments and |
obligations described in subsection (b-10) of this Section, |
notwithstanding any other provisions of this Act and without |
obtaining any approvals from the Commission or any other agency |
other than as set forth in this Section, regardless of whether |
any such approval would otherwise be required. "Combination |
utility" means a utility that, as of January 1, 2011, provided |
electric service to at least one million retail customers in |
Illinois and gas service to at least 500,000 retail customers |
in Illinois. A participating utility shall recover the |
|
expenditures made under the infrastructure investment program |
through the ratemaking process, including, but not limited to, |
the performance-based formula rate and process set forth in |
this Section. |
During the infrastructure investment program's peak |
program year, a participating utility other than a combination |
utility shall create 2,000 full-time equivalent jobs in |
Illinois, and a participating utility that is a combination |
utility shall create 450 full-time equivalent jobs in Illinois |
related to the provision of electric service. These jobs shall |
include direct jobs, contractor positions, and induced jobs, |
but shall not include any portion of a job commitment, not |
specifically contingent on an amendatory Act of the 97th |
General Assembly becoming law, between a participating utility |
and a labor union that existed on the effective date of this |
amendatory Act of the 97th General Assembly and that has not |
yet been fulfilled. A portion of the full-time equivalent jobs |
created by each participating utility shall include |
incremental personnel hired subsequent to the effective date of |
this amendatory Act of the 97th General Assembly. For purposes |
of this Section, "peak program year" means the consecutive |
12-month period with the highest number of full-time equivalent |
jobs that occurs between the beginning of investment year 2 and |
the end of investment year 4. |
A participating utility shall meet one of the following |
commitments, as applicable: |
|
(1) Beginning no later than 180 days after a |
participating utility other than a combination utility |
files a performance-based formula rate tariff pursuant to |
subsection (c) of this Section, or, beginning no later than |
January 1, 2012 if such utility files such |
performance-based formula rate tariff within 14 days of the |
effective date of this amendatory Act of the 97th General |
Assembly, the participating utility shall, except as |
provided in subsection (b-5): |
(A) over a 5-year period, invest an estimated |
$1,300,000,000 in electric system upgrades, |
modernization projects, and training facilities, |
including, but not limited to: |
(i) distribution infrastructure improvements |
totaling an estimated $1,000,000,000, including |
underground residential distribution cable |
injection and replacement and mainline cable |
system refurbishment and replacement projects; |
(ii) training facility construction or upgrade |
projects totaling an estimated $10,000,000, |
provided that, at a minimum, one such facility |
shall be located in a municipality having a |
population of more than 2 million residents and one |
such facility shall be located in a municipality |
having a population of more than 150,000 residents |
but fewer than 170,000 residents; any such new |
|
facility located in a municipality having a |
population of more than 2 million residents must be |
designed for the purpose of obtaining, and the |
owner of the facility shall apply for, |
certification under the United States Green |
Building Council's Leadership in Energy Efficiency |
Design Green Building Rating System; |
(iii) wood pole inspection, treatment, and |
replacement programs; |
(iv) an estimated $200,000,000 for reducing |
the susceptibility of certain circuits to |
storm-related damage, including, but not limited |
to, high winds, thunderstorms, and ice storms; |
improvements may include, but are not limited to, |
overhead to underground conversion and other |
engineered outcomes for circuits; the |
participating utility shall prioritize the |
selection of circuits based on each circuit's |
historical susceptibility to storm-related damage |
and the ability to provide the greatest customer |
benefit upon completion of the improvements; to be |
eligible for improvement, the participating |
utility's ability to maintain proper tree |
clearances surrounding the overhead circuit must |
not have
been impeded by third parties; and |
(B) over a 10-year period, invest an estimated |
|
$1,300,000,000 to upgrade and modernize its |
transmission and distribution infrastructure and in |
Smart Grid electric system upgrades, including, but |
not limited to: |
(i) additional smart meters; |
(ii) distribution automation; |
(iii) associated cyber secure data |
communication network; and |
(iv) substation micro-processor relay |
upgrades. |
(2) Beginning no later than 180 days after a |
participating utility that is a combination utility files a |
performance-based formula rate tariff pursuant to |
subsection (c) of this Section, or, beginning no later than |
January 1, 2012 if such utility files such |
performance-based formula rate tariff within 14 days of the |
effective date of this amendatory Act of the 97th General |
Assembly, the participating utility shall, except as |
provided in subsection (b-5): |
(A) over a 10-year period, invest an estimated |
$265,000,000 in electric system upgrades, |
modernization projects, and training facilities, |
including, but not limited to: |
(i) distribution infrastructure improvements |
totaling an estimated $245,000,000, which may |
include bulk supply substations, transformers, |
|
reconductoring, and rebuilding overhead |
distribution and sub-transmission lines, |
underground residential distribution cable |
injection and replacement and mainline cable |
system refurbishment and replacement projects; |
(ii) training facility construction or upgrade |
projects totaling an estimated $1,000,000; any |
such new facility must be designed for the purpose |
of obtaining, and the owner of the facility shall |
apply for, certification under the United States |
Green Building Council's Leadership in Energy |
Efficiency Design Green Building Rating System; |
and |
(iii) wood pole inspection, treatment, and |
replacement programs; and |
(B) over a 10-year period, invest an estimated |
$360,000,000 to upgrade and modernize its transmission |
and distribution infrastructure and in Smart Grid |
electric system upgrades, including, but not limited |
to: |
(i) additional smart meters; |
(ii) distribution automation; |
(iii) associated cyber secure data |
communication network; and |
(iv) substation micro-processor relay |
upgrades. |
|
For purposes of this Section, "Smart Grid electric system |
upgrades" shall have the meaning set forth in subsection (a) of |
Section 16-108.6 of this Act. |
The investments in the infrastructure investment program |
described in this subsection (b) shall be incremental to the |
participating utility's annual capital investment program, as |
defined by, for purposes of this subsection (b), the |
participating utility's average capital spend for calendar |
years 2008, 2009, and 2010 as reported in the applicable |
Federal Energy Regulatory Commission (FERC) Form 1; provided |
that where one or more utilities have merged, the average |
capital spend shall be determined using the aggregate of the |
merged utilities' capital spend reported in FERC Form 1 for the |
years 2008, 2009, and 2010. A participating utility may add |
reasonable construction ramp-up and ramp-down time to the |
investment periods specified in this subsection (b). For each |
such investment period, the ramp-up and ramp-down time shall |
not exceed a total of 6 months. |
Within 60 days after filing a tariff under subsection (c) |
of this Section, a participating utility shall submit to the |
Commission its plan, including scope, schedule, and staffing, |
for satisfying its infrastructure investment program |
commitments pursuant to this subsection (b). The submitted plan |
shall include a schedule and staffing plan for the next |
calendar year. The plan shall also include a plan for the |
creation, operation, and administration of a Smart Grid test |
|
bed as described in subsection (c) of Section 16-108.8. The |
plan need not allocate the work equally over the respective |
periods, but should allocate material increments throughout |
such periods commensurate with the work to be undertaken. No |
later than April 1 of each subsequent year, the utility shall |
submit to the Commission a report that includes any updates to |
the plan, a schedule for the next calendar year, the |
expenditures made for the prior calendar year and cumulatively, |
and the number of full-time equivalent jobs created for the |
prior calendar year and cumulatively. If the utility is |
materially deficient in satisfying a schedule or staffing plan, |
then the report must also include a corrective action plan to |
address the deficiency. The fact that the plan, implementation |
of the plan, or a schedule changes shall not imply the |
imprudence or unreasonableness of the infrastructure |
investment program, plan, or schedule. Further, no later than |
45 days following the last day of the first, second, and third |
quarters of each year of the plan, a participating utility |
shall submit to the Commission a verified quarterly report for |
the prior quarter that includes (i) the total number of |
full-time equivalent jobs created during the prior quarter, |
(ii) the total number of employees as of the last day of the |
prior quarter, (iii) the total number of full-time equivalent |
hours in each job classification or job title, (iv) the total |
number of incremental employees and contractors in support of |
the investments undertaken pursuant to this subsection (b) for |
|
the prior quarter, and (v) any other information that the |
Commission may require by rule. |
With respect to the participating utility's peak job |
commitment, if, after considering the utility's corrective |
action plan and compliance thereunder, the Commission enters an |
order finding, after notice and hearing, that a participating |
utility did not satisfy its peak job commitment described in |
this subsection (b) for reasons that are reasonably within its |
control, then the Commission shall also determine, after |
consideration of the evidence, including, but not limited to, |
evidence submitted by the Department of Commerce and Economic |
Opportunity and the utility, the deficiency in the number of |
full-time equivalent jobs during the peak program year due to |
such failure. The Commission shall notify the Department of any |
proceeding that is initiated pursuant to this paragraph. For |
each full-time equivalent job deficiency during the peak |
program year that the Commission finds as set forth in this |
paragraph, the participating utility shall, within 30 days |
after the entry of the Commission's order, pay $6,000 to a fund |
for training grants administered under Section 605-800 of The |
Department of Commerce and Economic Opportunity Law, which |
shall not be a recoverable expense. |
With respect to the participating utility's investment |
amount commitments, if, after considering the utility's |
corrective action plan and compliance thereunder, the |
Commission enters an order finding, after notice and hearing, |
|
that a participating utility is not satisfying its investment |
amount commitments described in this subsection (b), then the |
utility shall no longer be eligible to annually update the |
performance-based formula rate tariff pursuant to subsection |
(d) of this Section. In such event, the then current rates |
shall remain in effect until such time as new rates are set |
pursuant to Article IX of this Act, subject to retroactive |
adjustment, with interest, to reconcile rates charged with |
actual costs. |
If the Commission finds that a participating utility is no |
longer eligible to update the performance-based formula rate |
tariff pursuant to subsection (d) of this Section, or the |
performance-based formula rate is otherwise terminated, then |
the participating utility's voluntary commitments and |
obligations under this subsection (b) shall immediately |
terminate, except for the utility's obligation to pay an amount |
already owed to the fund for training grants pursuant to a |
Commission order. |
In meeting the obligations of this subsection (b), to the |
extent feasible and consistent with State and federal law, the |
investments under the infrastructure investment program should |
provide employment opportunities for all segments of the |
population and workforce, including minority-owned and |
female-owned business enterprises, and shall not, consistent |
with State and federal law, discriminate based on race or |
socioeconomic status. |
|
(b-5) Nothing in this Section shall prohibit the Commission |
from investigating the prudence and reasonableness of the |
expenditures made under the infrastructure investment program |
during the annual review required by subsection (d) of this |
Section and shall, as part of such investigation, determine |
whether the utility's actual costs under the program are |
prudent and reasonable. The fact that a participating utility |
invests more than the minimum amounts specified in subsection |
(b) of this Section or its plan shall not imply imprudence or |
unreasonableness. |
If the participating utility finds that it is implementing |
its plan for satisfying the infrastructure investment program |
commitments described in subsection (b) of this Section at a |
cost below the estimated amounts specified in subsection (b) of |
this Section, then the utility may file a petition with the |
Commission requesting that it be permitted to satisfy its |
commitments by spending less than the estimated amounts |
specified in subsection (b) of this Section. The Commission |
shall, after notice and hearing, enter its order approving, or |
approving as modified, or denying each such petition within 150 |
days after the filing of the petition. |
In no event, absent General Assembly approval, shall the |
capital investment costs incurred by a participating utility |
other than a combination utility in satisfying its |
infrastructure investment program commitments described in |
subsection (b) of this Section exceed $3,000,000,000 or, for a |
|
participating utility that is a combination utility, |
$720,000,000. If the participating utility's updated cost |
estimates for satisfying its infrastructure investment program |
commitments described in subsection (b) of this Section exceed |
the limitation imposed by this subsection (b-5), then it shall |
submit a report to the Commission that identifies the increased |
costs and explains the reason or reasons for the increased |
costs no later than the year in which the utility estimates it |
will exceed the limitation. The Commission shall review the |
report and shall, within 90 days after the participating |
utility files the report, report to the General Assembly its |
findings regarding the participating utility's report. If the |
General Assembly does not amend the limitation imposed by this |
subsection (b-5), then the utility may modify its plan so as |
not to exceed the limitation imposed by this subsection (b-5) |
and may propose corresponding changes to the metrics |
established pursuant to subparagraphs (5) through (8) of |
subsection (f) of this Section, and the Commission may modify |
the metrics and incremental savings goals established pursuant |
to subsection (f) of this Section accordingly. |
(b-10) All participating utilities shall make |
contributions for an energy low-income and support program in |
accordance with this subsection. Beginning no later than 180 |
days after a participating utility files a performance-based |
formula rate tariff pursuant to subsection (c) of this Section, |
or beginning no later than January 1, 2012 if such utility |
|
files such performance-based formula rate tariff within 14 days |
of the effective date of this amendatory Act of the 97th |
General Assembly, and without obtaining any approvals from the |
Commission or any other agency other than as set forth in this |
Section, regardless of whether any such approval would |
otherwise be required, a participating utility other than a |
combination utility shall pay $10,000,000 per year for 5 years |
and a participating utility that is a combination utility shall |
pay $1,000,000 per year for 10 years to the energy low-income |
and support program, which is intended to fund customer |
assistance programs with the primary purpose being avoidance of
|
imminent disconnection. Such programs may include: |
(1) a residential hardship program that may partner |
with community-based
organizations, including senior |
citizen organizations, and provides grants to low-income |
residential customers, including low-income senior |
citizens, who demonstrate a hardship; |
(2) a program that provides grants and other bill |
payment concessions to veterans with disabilities disabled |
veterans who demonstrate a hardship and members of the |
armed services or reserve forces of the United States or |
members of the Illinois National Guard who are on active |
duty pursuant to an executive order of the President of the |
United States, an act of the Congress of the United States, |
or an order of the Governor and who demonstrate a
hardship; |
(3) a budget assistance program that provides tools and |
|
education to low-income senior citizens to assist them with |
obtaining information regarding energy usage and
effective |
means of managing energy costs; |
(4) a non-residential special hardship program that |
provides grants to non-residential customers such as small |
businesses and non-profit organizations that demonstrate a |
hardship, including those providing services to senior |
citizen and low-income customers; and |
(5) a performance-based assistance program that |
provides grants to encourage residential customers to make |
on-time payments by matching a portion of the customer's |
payments or providing credits towards arrearages. |
The payments made by a participating utility pursuant to |
this subsection (b-10) shall not be a recoverable expense. A |
participating utility may elect to fund either new or existing |
customer assistance programs, including, but not limited to, |
those that are administered by the utility. |
Programs that use funds that are provided by a |
participating utility to reduce utility bills may be |
implemented through tariffs that are filed with and reviewed by |
the Commission. If a utility elects to file tariffs with the |
Commission to implement all or a portion of the programs, those |
tariffs shall, regardless of the date actually filed, be deemed |
accepted and approved, and shall become effective on the |
effective date of this amendatory Act of the 97th General |
Assembly. The participating utilities whose customers benefit |
|
from the funds that are disbursed as contemplated in this |
Section shall file annual reports documenting the disbursement |
of those funds with the Commission. The Commission has the |
authority to audit disbursement of the funds to ensure they |
were disbursed consistently with this Section. |
If the Commission finds that a participating utility is no |
longer eligible to update the performance-based formula rate |
tariff pursuant to subsection (d) of this Section, or the |
performance-based formula rate is otherwise terminated, then |
the participating utility's voluntary commitments and |
obligations under this subsection (b-10) shall immediately |
terminate. |
(c) A participating utility may elect to recover its |
delivery services costs through a performance-based formula |
rate approved by the Commission, which shall specify the cost |
components that form the basis of the rate charged to customers |
with sufficient specificity to operate in a standardized manner |
and be updated annually with transparent information that |
reflects the utility's actual costs to be recovered during the |
applicable rate year, which is the period beginning with the |
first billing day of January and extending through the last |
billing day of the following December. In the event the utility |
recovers a portion of its costs through automatic adjustment |
clause tariffs on the effective date of this amendatory Act of |
the 97th General Assembly, the utility may elect to continue to |
recover these costs through such tariffs, but then these costs |
|
shall not be recovered through the performance-based formula |
rate. In the event the participating utility, prior to the |
effective date of this amendatory Act of the 97th General |
Assembly, filed electric delivery services tariffs with the |
Commission pursuant to Section 9-201 of this Act that are |
related to the recovery of its electric delivery services costs |
that are still pending on the effective date of this amendatory |
Act of the 97th General Assembly, the participating utility |
shall, at the time it files its performance-based formula rate |
tariff with the Commission, also file a notice of withdrawal |
with the Commission to withdraw the electric delivery services |
tariffs previously filed pursuant to Section 9-201 of this Act. |
Upon receipt of such notice, the Commission shall dismiss with |
prejudice any docket that had been initiated to investigate the |
electric delivery services tariffs filed pursuant to Section |
9-201 of this Act, and such tariffs and the record related |
thereto shall not be the subject of any further hearing, |
investigation, or proceeding of any kind related to rates for |
electric delivery services. |
The performance-based formula rate shall be implemented |
through a tariff filed with the Commission consistent with the |
provisions of this subsection (c) that shall be applicable to |
all delivery services customers. The Commission shall initiate |
and conduct an investigation of the tariff in a manner |
consistent with the provisions of this subsection (c) and the |
provisions of Article IX of this Act to the extent they do not |
|
conflict with this subsection (c). Except in the case where the |
Commission finds, after notice and hearing, that a |
participating utility is not satisfying its investment amount |
commitments under subsection (b) of this Section, the |
performance-based formula rate shall remain in effect at the |
discretion of the utility. The performance-based formula rate |
approved by the Commission shall do the following: |
(1) Provide for the recovery of the utility's actual |
costs of delivery services that are prudently incurred and |
reasonable in amount consistent with Commission practice |
and law. The sole fact that a cost differs from that |
incurred in a prior calendar year or that an investment is |
different from that made in a prior calendar year shall not |
imply the imprudence or unreasonableness of that cost or |
investment. |
(2) Reflect the utility's actual year-end capital |
structure for the applicable calendar year, excluding |
goodwill, subject to a determination of prudence and |
reasonableness consistent with Commission practice and |
law. |
(3) Include a cost of equity, which shall be calculated |
as the sum of the following: |
(A) the average for the applicable calendar year of |
the monthly average yields of 30-year U.S. Treasury |
bonds published by the Board of Governors of the |
Federal Reserve System in its weekly H.15 Statistical |
|
Release or successor publication; and |
(B) 580 basis points. |
At such time as the Board of Governors of the Federal |
Reserve System ceases to include the monthly average yields |
of 30-year U.S. Treasury bonds in its weekly H.15 |
Statistical Release or successor publication, the monthly |
average yields of the U.S. Treasury bonds then having the |
longest duration published by the Board of Governors in its |
weekly H.15 Statistical Release or successor publication |
shall instead be used for purposes of this paragraph (3). |
(4) Permit and set forth protocols, subject to a |
determination of prudence and reasonableness consistent |
with Commission practice and law, for the following: |
(A) recovery of incentive compensation expense |
that is based on the achievement of operational |
metrics, including metrics related to budget controls, |
outage duration and frequency, safety, customer |
service, efficiency and productivity, and |
environmental compliance. Incentive compensation |
expense that is based on net income or an affiliate's |
earnings per share shall not be recoverable under the |
performance-based formula rate; |
(B) recovery of pension and other post-employment |
benefits expense, provided that such costs are |
supported by an actuarial study; |
(C) recovery of severance costs, provided that if |
|
the amount is over $3,700,000 for a participating |
utility that is a combination utility or $10,000,000 |
for a participating utility that serves more than 3 |
million retail customers, then the full amount shall be |
amortized consistent with subparagraph (F) of this |
paragraph (4); |
(D) investment return at a rate equal to the |
utility's weighted average cost of long-term debt, on |
the pension assets as, and in the amount, reported in |
Account 186 (or in such other Account or Accounts as |
such asset may subsequently be recorded) of the |
utility's most recently filed FERC Form 1, net of |
deferred tax benefits; |
(E) recovery of the expenses related to the |
Commission proceeding under this subsection (c) to |
approve this performance-based formula rate and |
initial rates or to subsequent proceedings related to |
the formula, provided that the recovery shall be |
amortized over a 3-year period; recovery of expenses |
related to the annual Commission proceedings under |
subsection (d) of this Section to review the inputs to |
the performance-based formula rate shall be expensed |
and recovered through the performance-based formula |
rate; |
(F) amortization over a 5-year period of the full |
amount of each charge or credit that exceeds $3,700,000 |
|
for a participating utility that is a combination |
utility or $10,000,000 for a participating utility |
that serves more than 3 million retail customers in the |
applicable calendar year and that relates to a |
workforce reduction program's severance costs, changes |
in accounting rules, changes in law, compliance with |
any Commission-initiated audit, or a single storm or |
other similar expense, provided that any unamortized |
balance shall be reflected in rate base. For purposes |
of this subparagraph (F), changes in law includes any |
enactment, repeal, or amendment in a law, ordinance, |
rule, regulation, interpretation, permit, license, |
consent, or order, including those relating to taxes, |
accounting, or to environmental matters, or in the |
interpretation or application thereof by any |
governmental authority occurring after the effective |
date of this amendatory Act of the 97th General |
Assembly; |
(G) recovery of existing regulatory assets over |
the periods previously authorized by the Commission; |
(H) historical weather normalized billing |
determinants; and |
(I) allocation methods for common costs. |
(5) Provide that if the participating utility's earned |
rate of return on common equity related to the provision of |
delivery services for the prior rate year (calculated using |
|
costs and capital structure approved by the Commission as |
provided in subparagraph (2) of this subsection (c), |
consistent with this Section, in accordance with |
Commission rules and orders, including, but not limited to, |
adjustments for goodwill, and after any Commission-ordered |
disallowances and taxes) is more than 50 basis points |
higher than the rate of return on common equity calculated |
pursuant to paragraph (3) of this subsection (c) (after |
adjusting for any penalties to the rate of return on common |
equity applied pursuant to the performance metrics |
provision of subsection (f) of this Section), then the |
participating utility shall apply a credit through the |
performance-based formula rate that reflects an amount |
equal to the value of that portion of the earned rate of |
return on common equity that is more than 50 basis points |
higher than the rate of return on common equity calculated |
pursuant to paragraph (3) of this subsection (c) (after |
adjusting for any penalties to the rate of return on common |
equity applied pursuant to the performance metrics |
provision of subsection (f) of this Section) for the prior |
rate year, adjusted for taxes. If the participating |
utility's earned rate of return on common equity related to |
the provision of delivery services for the prior rate year |
(calculated using costs and capital structure approved by |
the Commission as provided in subparagraph (2) of this |
subsection (c), consistent with this Section, in |
|
accordance with Commission rules and orders, including, |
but not limited to, adjustments for goodwill, and after any |
Commission-ordered disallowances and taxes) is more than |
50 basis points less than the return on common equity |
calculated pursuant to paragraph (3) of this subsection (c) |
(after adjusting for any penalties to the rate of return on |
common equity applied pursuant to the performance metrics |
provision of subsection (f) of this Section), then the |
participating utility shall apply a charge through the |
performance-based formula rate that reflects an amount |
equal to the value of that portion of the earned rate of |
return on common equity that is more than 50 basis points |
less than the rate of return on common equity calculated |
pursuant to paragraph (3) of this subsection (c) (after |
adjusting for any penalties to the rate of return on common |
equity applied pursuant to the performance metrics |
provision of subsection (f) of this Section) for the prior |
rate year, adjusted for taxes. |
(6) Provide for an annual reconciliation, as described |
in subsection (d) of this Section, with interest, of the |
revenue requirement reflected in rates for each calendar |
year, beginning with the calendar year in which the utility |
files its performance-based formula rate tariff pursuant |
to subsection (c) of this Section, with what the revenue |
requirement would have been had the actual cost information |
for the applicable calendar year been available at the |
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filing date. |
The utility shall file, together with its tariff, final |
data based on its most recently filed FERC Form 1, plus |
projected plant additions and correspondingly updated |
depreciation reserve and expense for the calendar year in which |
the tariff and data are filed, that shall populate the |
performance-based formula rate and set the initial delivery |
services rates under the formula. For purposes of this Section, |
"FERC Form 1" means the Annual Report of Major Electric |
Utilities, Licensees and Others that electric utilities are |
required to file with the Federal Energy Regulatory Commission |
under the Federal Power Act, Sections 3, 4(a), 304 and 209, |
modified as necessary to be consistent with 83 Ill. Admin. Code |
Part 415 as of May 1, 2011. Nothing in this Section is intended |
to allow costs that are not otherwise recoverable to be |
recoverable by virtue of inclusion in FERC Form 1. |
After the utility files its proposed performance-based |
formula rate structure and protocols and initial rates, the |
Commission shall initiate a docket to review the filing. The |
Commission shall enter an order approving, or approving as |
modified, the performance-based formula rate, including the |
initial rates, as just and reasonable within 270 days after the |
date on which the tariff was filed, or, if the tariff is filed |
within 14 days after the effective date of this amendatory Act |
of the 97th General Assembly, then by May 31, 2012. Such review |
shall be based on the same evidentiary standards, including, |
|
but not limited to, those concerning the prudence and |
reasonableness of the costs incurred by the utility, the |
Commission applies in a hearing to review a filing for a |
general increase in rates under Article IX of this Act. The |
initial rates shall take effect within 30 days after the |
Commission's order approving the performance-based formula |
rate tariff. |
Until such time as the Commission approves a different rate |
design and cost allocation pursuant to subsection (e) of this |
Section, rate design and cost allocation across customer |
classes shall be consistent with the Commission's most recent |
order regarding the participating utility's request for a |
general increase in its delivery services rates. |
Subsequent changes to the performance-based formula rate |
structure or protocols shall be made as set forth in Section |
9-201 of this Act, but nothing in this subsection (c) is |
intended to limit the Commission's authority under Article IX |
and other provisions of this Act to initiate an investigation |
of a participating utility's performance-based formula rate |
tariff, provided that any such changes shall be consistent with |
paragraphs (1) through (6) of this subsection (c). Any change |
ordered by the Commission shall be made at the same time new |
rates take effect following the Commission's next order |
pursuant to subsection (d) of this Section, provided that the |
new rates take effect no less than 30 days after the date on |
which the Commission issues an order adopting the change. |
|
A participating utility that files a tariff pursuant to |
this subsection (c) must submit a one-time $200,000 filing fee |
at the time the Chief Clerk of the Commission accepts the |
filing, which shall be a recoverable expense. |
In the event the performance-based formula rate is |
terminated, the then current rates shall remain in effect until |
such time as new rates are set pursuant to Article IX of this |
Act, subject to retroactive rate adjustment, with interest, to |
reconcile rates charged with actual costs. At such time that |
the performance-based formula rate is terminated, the |
participating utility's voluntary commitments and obligations |
under subsection (b) of this Section shall immediately |
terminate, except for the utility's obligation to pay an amount |
already owed to the fund for training grants pursuant to a |
Commission order issued under subsection (b) of this Section. |
(d) Subsequent to the Commission's issuance of an order |
approving the utility's performance-based formula rate |
structure and protocols, and initial rates under subsection (c) |
of this Section, the utility shall file, on or before May 1 of |
each year, with the Chief Clerk of the Commission its updated |
cost inputs to the performance-based formula rate for the |
applicable rate year and the corresponding new charges. Each |
such filing shall conform to the following requirements and |
include the following information: |
(1) The inputs to the performance-based formula rate |
for the applicable rate year shall be based on final |
|
historical data reflected in the utility's most recently |
filed annual FERC Form 1 plus projected plant additions and |
correspondingly updated depreciation reserve and expense |
for the calendar year in which the inputs are filed. The |
filing shall also include a reconciliation of the revenue |
requirement that was in effect for the prior rate year (as |
set by the cost inputs for the prior rate year) with the |
actual revenue requirement for the prior rate year |
(determined using a year-end rate base) that uses amounts |
reflected in the applicable FERC Form 1 that reports the |
actual costs for the prior rate year. Any over-collection |
or under-collection indicated by such reconciliation shall |
be reflected as a credit against, or recovered as an |
additional charge to, respectively, with interest |
calculated at a rate equal to the utility's weighted |
average cost of capital approved by the Commission for the |
prior rate year, the charges for the applicable rate year. |
Provided, however, that the first such reconciliation |
shall be for the calendar year in which the utility files |
its performance-based formula rate tariff pursuant to |
subsection (c) of this Section and shall reconcile (i) the |
revenue requirement or requirements established by the |
rate order or orders in effect from time to time during |
such calendar year (weighted, as applicable) with (ii) the |
revenue requirement determined using a year-end rate base |
for that calendar year calculated pursuant to the |
|
performance-based formula rate using (A) actual costs for |
that year as reflected in the applicable FERC Form 1, and |
(B) for the first such reconciliation only, the cost of |
equity, which shall be calculated as the sum of 590 basis |
points plus the average for the applicable calendar year of |
the monthly average yields of 30-year U.S. Treasury bonds |
published by the Board of Governors of the Federal Reserve |
System in its weekly H.15 Statistical Release or successor |
publication. The first such reconciliation is not intended |
to provide for the recovery of costs previously excluded |
from rates based on a prior Commission order finding of |
imprudence or unreasonableness. Each reconciliation shall |
be certified by the participating utility in the same |
manner that FERC Form 1 is certified. The filing shall also |
include the charge or credit, if any, resulting from the |
calculation required by paragraph (6) of subsection (c) of |
this Section. |
Notwithstanding anything that may be to the contrary, |
the intent of the reconciliation is to ultimately reconcile |
the revenue requirement reflected in rates for each |
calendar year, beginning with the calendar year in which |
the utility files its performance-based formula rate |
tariff pursuant to subsection (c) of this Section, with |
what the revenue requirement determined using a year-end |
rate base for the applicable calendar year would have been |
had the actual cost information for the applicable calendar |
|
year been available at the filing date. |
(2) The new charges shall take effect beginning on the |
first billing day of the following January billing period |
and remain in effect through the last billing day of the |
next December billing period regardless of whether the |
Commission enters upon a hearing pursuant to this |
subsection (d). |
(3) The filing shall include relevant and necessary |
data and documentation for the applicable rate year that is |
consistent with the Commission's rules applicable to a |
filing for a general increase in rates or any rules adopted |
by the Commission to implement this Section. Normalization |
adjustments shall not be required. Notwithstanding any |
other provision of this Section or Act or any rule or other |
requirement adopted by the Commission, a participating |
utility that is a combination utility with more than one |
rate zone shall not be required to file a separate set of |
such data and documentation for each rate zone and may |
combine such data and documentation into a single set of |
schedules. |
Within 45 days after the utility files its annual update of |
cost inputs to the performance-based formula rate, the |
Commission shall have the authority, either upon complaint or |
its own initiative, but with reasonable notice, to enter upon a |
hearing concerning the prudence and reasonableness of the costs |
incurred by the utility to be recovered during the applicable |
|
rate year that are reflected in the inputs to the |
performance-based formula rate derived from the utility's FERC |
Form 1. During the course of the hearing, each objection shall |
be stated with particularity and evidence provided in support |
thereof, after which the utility shall have the opportunity to |
rebut the evidence. Discovery shall be allowed consistent with |
the Commission's Rules of Practice, which Rules shall be |
enforced by the Commission or the assigned hearing examiner. |
The Commission shall apply the same evidentiary standards, |
including, but not limited to, those concerning the prudence |
and reasonableness of the costs incurred by the utility, in the |
hearing as it would apply in a hearing to review a filing for a |
general increase in rates under Article IX of this Act. The |
Commission shall not, however, have the authority in a |
proceeding under this subsection (d) to consider or order any |
changes to the structure or protocols of the performance-based |
formula rate approved pursuant to subsection (c) of this |
Section. In a proceeding under this subsection (d), the |
Commission shall enter its order no later than the earlier of |
240 days after the utility's filing of its annual update of |
cost inputs to the performance-based formula rate or December |
31. The Commission's determinations of the prudence and |
reasonableness of the costs incurred for the applicable |
calendar year shall be final upon entry of the Commission's |
order and shall not be subject to reopening, reexamination, or |
collateral attack in any other Commission proceeding, case, |
|
docket, order, rule or regulation, provided, however, that |
nothing in this subsection (d) shall prohibit a party from |
petitioning the Commission to rehear or appeal to the courts |
the order pursuant to the provisions of this Act. |
In the event the Commission does not, either upon complaint |
or its own initiative, enter upon a hearing within 45 days |
after the utility files the annual update of cost inputs to its |
performance-based formula rate, then the costs incurred for the |
applicable calendar year shall be deemed prudent and |
reasonable, and the filed charges shall not be subject to |
reopening, reexamination, or collateral attack in any other |
proceeding, case, docket, order, rule, or regulation. |
A participating utility's first filing of the updated cost |
inputs, and any Commission investigation of such inputs |
pursuant to this subsection (d) shall proceed notwithstanding |
the fact that the Commission's investigation under subsection |
(c) of this Section is still pending and notwithstanding any |
other law, order, rule, or Commission practice to the contrary. |
(e) Nothing in subsections (c) or (d) of this Section shall |
prohibit the Commission from investigating, or a participating |
utility from filing, revenue-neutral tariff changes related to |
rate design of a performance-based formula rate that has been |
placed into effect for the utility. Following approval of a |
participating utility's performance-based formula rate tariff |
pursuant to subsection (c) of this Section, the utility shall |
make a filing with the Commission within one year after the |
|
effective date of the performance-based formula rate tariff |
that proposes changes to the tariff to incorporate the findings |
of any final rate design orders of the Commission applicable to |
the participating utility and entered subsequent to the |
Commission's approval of the tariff. The Commission shall, |
after notice and hearing, enter its order approving, or |
approving with modification, the proposed changes to the |
performance-based formula rate tariff within 240 days after the |
utility's filing. Following such approval, the utility shall |
make a filing with the Commission during each subsequent 3-year |
period that either proposes revenue-neutral tariff changes or |
re-files the existing tariffs without change, which shall |
present the Commission with an opportunity to suspend the |
tariffs and consider revenue-neutral tariff changes related to |
rate design. |
(f) Within 30 days after the filing of a tariff pursuant to |
subsection (c) of this Section, each participating utility |
shall develop and file with the Commission multi-year metrics |
designed to achieve, ratably (i.e., in equal segments) over a |
10-year period, improvement over baseline performance values |
as follows: |
(1) Twenty percent improvement in the System Average |
Interruption Frequency Index, using a baseline of the |
average of the data from 2001 through 2010. |
(2) Fifteen percent improvement in the system Customer |
Average Interruption Duration Index, using a baseline of |
|
the average of the data from 2001 through 2010. |
(3) For a participating utility other than a |
combination utility, 20% improvement in the System Average |
Interruption Frequency Index for its Southern Region, |
using a baseline of the average of the data from 2001 |
through 2010. For purposes of this paragraph (3), Southern |
Region shall have the meaning set forth in the |
participating utility's most recent report filed pursuant |
to Section 16-125 of this Act. |
(3.5) For a participating utility other than a |
combination utility, 20% improvement in the System Average |
Interruption Frequency Index for its Northeastern Region, |
using a baseline of the average of the data from 2001 |
through 2010. For purposes of this paragraph (3.5), |
Northeastern Region shall have the meaning set forth in the |
participating utility's most recent report filed pursuant |
to Section 16-125 of this Act. |
(4) Seventy-five percent improvement in the total |
number of customers who exceed the service reliability |
targets as set forth in subparagraphs (A) through (C) of |
paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part |
411.140 as of May 1, 2011, using 2010 as the baseline year. |
(5) Reduction in issuance of estimated electric bills: |
90% improvement for a participating utility other than a |
combination utility, and 56% improvement for a |
participating utility that is a combination utility, using |
|
a baseline of the average number of estimated bills for the |
years 2008 through 2010. |
(6) Consumption on inactive meters: 90% improvement |
for a participating utility other than a combination |
utility, and 56% improvement for a participating utility |
that is a combination utility, using a baseline of the |
average unbilled kilowatthours for the years 2009 and 2010. |
(7) Unaccounted for energy: 50% improvement for a |
participating utility other than a combination utility |
using a baseline of the non-technical line loss unaccounted |
for energy kilowatthours for the year 2009. |
(8) Uncollectible expense: reduce uncollectible |
expense by at least $30,000,000 for a participating utility |
other than a combination utility and by at least $3,500,000 |
for a participating utility that is a combination utility, |
using a baseline of the average uncollectible expense for |
the years 2008 through 2010. |
(9) Opportunities for minority-owned and female-owned |
business enterprises: design a performance metric |
regarding the creation of opportunities for minority-owned |
and female-owned business enterprises consistent with |
State and federal law using a base performance value of the |
percentage of the participating utility's capital |
expenditures that were paid to minority-owned and |
female-owned business enterprises in 2010. |
The definitions set forth in 83 Ill. Admin. Code Part |
|
411.20 as of May 1, 2011 shall be used for purposes of |
calculating performance under paragraphs (1) through (3.5) of |
this subsection (f), provided, however, that the participating |
utility may exclude up to 9 extreme weather event days from |
such calculation for each year, and provided further that the
|
participating utility shall exclude 9 extreme weather event |
days when calculating each year of the baseline period to the |
extent that there are 9 such days in a given year of the |
baseline period. For purposes of this Section, an extreme |
weather event day is a 24-hour calendar day (beginning at 12:00 |
a.m. and ending at 11:59 p.m.) during which any weather event |
(e.g., storm, tornado) caused interruptions for 10,000 or more |
of the participating utility's customers for 3 hours or more. |
If there are more than 9 extreme weather event days in a year, |
then the utility may choose no more than 9 extreme weather |
event days to exclude, provided that the same extreme weather |
event days are excluded from each of the calculations performed |
under paragraphs (1) through (3.5) of this subsection (f). |
The metrics shall include incremental performance goals |
for each year of the 10-year period, which shall be designed to |
demonstrate that the utility is on track to achieve the |
performance goal in each category at the end of the 10-year |
period. The utility shall elect when the 10-year period shall |
commence for the metrics set forth in subparagraphs (1) through |
(4) and (9) of this subsection (f), provided that it begins no |
later than 14 months following the date on which the utility |
|
begins investing pursuant to subsection (b) of this Section, |
and when the 10-year period shall commence for the metrics set |
forth in subparagraphs (5) through (8) of this subsection (f), |
provided that it begins no later than 14 months following the |
date on which the Commission enters its order approving the |
utility's Advanced Metering Infrastructure Deployment Plan |
pursuant to subsection (c) of Section 16-108.6 of this Act. |
The metrics and performance goals set forth in |
subparagraphs (5) through (8) of this subsection (f) are based |
on the assumptions that the participating utility may fully |
implement the technology described in subsection (b) of this |
Section, including utilizing the full functionality of such |
technology and that there is no requirement for personal |
on-site notification. If the utility is unable to meet the |
metrics and performance goals set forth in subparagraphs (5) |
through (8) of this subsection (f) for such reasons, and the |
Commission so finds after notice and hearing, then the utility |
shall be excused from compliance, but only to the limited |
extent achievement of the affected metrics and performance |
goals was hindered by the less than full implementation. |
(f-5) The financial penalties applicable to the metrics |
described in subparagraphs (1) through (8) of subsection (f) of |
this Section, as applicable, shall be applied through an |
adjustment to the participating utility's return on equity of |
no more than a total of 30 basis points in each of the first 3 |
years, of no more than a total of 34 basis points
in each of the |
|
3 years thereafter, and of no more than a total of 38 basis |
points in each
of the 4 years thereafter, as follows: |
(1) With respect to each of the incremental annual |
performance goals established pursuant to paragraph (1) of |
subsection (f) of this Section, |
(A) for each year that a participating utility |
other than a combination utility does not achieve the |
annual goal, the participating utility's return on |
equity shall be reduced as
follows: during years 1 |
through 3, by 5 basis points; during years 4 through 6, |
by 6 basis points; and during years 7 through 10, by 7 |
basis points; and |
(B) for each year that a participating utility that |
is a combination utility does not achieve the annual |
goal, the participating utility's return on equity |
shall be reduced as follows: during years 1 through 3, |
by 10 basis points; during years 4 through 6, by 12
|
basis points; and during years 7 through 10, by 14 |
basis points. |
(2) With respect to each of the incremental annual |
performance goals established pursuant to paragraph (2) of |
subsection (f) of this Section, for each year that the |
participating utility does not achieve each such goal, the |
participating utility's return on equity shall be reduced |
as follows: during years 1 through 3, by 5 basis points; |
during years 4
through 6, by 6 basis points; and during |
|
years 7 through 10, by 7 basis points. |
(3) With respect to each of the incremental annual |
performance goals established
pursuant to paragraphs (3) |
and (3.5) of subsection (f) of this Section, for each year |
that a participating utility other than a combination |
utility does not achieve both such
goals, the participating |
utility's return on equity shall be reduced as follows: |
during years 1 through 3, by 5 basis points; during years 4 |
through 6, by 6 basis points; and during years 7 through |
10, by 7 basis points. |
(4) With respect to each of the incremental annual |
performance goals established
pursuant to paragraph (4) of |
subsection (f) of this Section, for each year that the |
participating utility does not achieve each such goal, the |
participating utility's return
on equity shall be reduced |
as follows: during years 1 through 3, by 5 basis points;
|
during years 4 through 6, by 6 basis points; and during |
years 7 through 10, by 7 basis points. |
(5) With respect to each of the incremental annual |
performance goals established pursuant to subparagraph (5) |
of subsection (f) of this Section, for each year that the |
participating utility does not achieve at least 95% of each |
such goal, the participating utility's return on equity |
shall be reduced by 5 basis points for each such unachieved |
goal. |
(6) With respect to each of the incremental annual |
|
performance goals established pursuant to paragraphs (6), |
(7), and (8) of subsection (f) of this Section, as |
applicable, which together measure non-operational |
customer savings and benefits
relating to the |
implementation of the Advanced Metering Infrastructure |
Deployment
Plan, as defined in Section 16-108.6 of this |
Act, the performance under each such goal shall be |
calculated in terms of the percentage of the goal achieved. |
The percentage of goal achieved for each of the goals shall |
be aggregated, and an average percentage value calculated, |
for each year of the 10-year period. If the utility does |
not achieve an average percentage value in a given year of |
at least 95%, the participating utility's return on equity |
shall be reduced by 5 basis points. |
The financial penalties shall be applied as described in |
this subsection (f-5) for the 12-month period in which the |
deficiency occurred through a separate tariff mechanism, which |
shall be filed by the utility together with its metrics. In the |
event the formula rate tariff established pursuant to |
subsection (c) of this Section terminates, the utility's |
obligations under subsection (f) of this Section and this |
subsection (f-5) shall also terminate, provided, however, that |
the tariff mechanism established pursuant to subsection (f) of |
this Section and this subsection (f-5) shall remain in effect |
until any penalties due and owing at the time of such |
termination are applied. |
|
The Commission shall, after notice and hearing, enter an |
order within 120 days after the metrics are filed approving, or |
approving with modification, a participating utility's tariff |
or mechanism to satisfy the metrics set forth in subsection (f) |
of this Section. On June 1 of each subsequent year, each |
participating utility shall file a report with the Commission |
that includes, among other things, a description of how the |
participating utility performed under each metric and an |
identification of any extraordinary events that adversely |
impacted the utility's performance. Whenever a participating |
utility does not satisfy the metrics required pursuant to |
subsection (f) of this Section, the Commission shall, after |
notice and hearing, enter an order approving financial |
penalties in accordance with this subsection (f-5). The |
Commission-approved financial penalties shall be applied |
beginning with the next rate year. Nothing in this Section |
shall authorize the Commission to reduce or otherwise obviate |
the imposition of financial penalties for failing to achieve |
one or more of the metrics established pursuant to subparagraph |
(1) through (4) of subsection (f) of this Section. |
(g) On or before July 31, 2014, each participating utility |
shall file a report with the Commission that sets forth the |
average annual increase in the average amount paid per |
kilowatthour for residential eligible retail customers, |
exclusive of the effects of energy efficiency programs, |
comparing the 12-month period ending May 31, 2012; the 12-month |
|
period ending May 31, 2013; and the 12-month period ending May |
31, 2014. For a participating utility that is a combination |
utility with more than one rate zone, the weighted average |
aggregate increase shall be provided. The report shall be filed |
together with a statement from an independent auditor attesting |
to the accuracy of the report. The cost of the independent |
auditor shall be borne by the participating utility and shall |
not be a recoverable expense. "The average amount paid per |
kilowatthour" shall be based on the participating utility's |
tariffed rates actually in effect and shall not be calculated |
using any hypothetical rate or adjustments to actual charges |
(other than as specified for energy efficiency) as an input. |
In the event that the average annual increase exceeds 2.5% |
as calculated pursuant to this subsection (g), then Sections |
16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other |
than this subsection, shall be inoperative as they relate to |
the utility and its service area as of the date of the report |
due to be submitted pursuant to this subsection and the utility |
shall no longer be eligible to annually update the |
performance-based formula rate tariff pursuant to subsection |
(d) of this Section. In such event, the then current rates |
shall remain in effect until such time as new rates are set |
pursuant to Article IX of this Act, subject to retroactive |
adjustment, with interest, to reconcile rates charged with |
actual costs, and the participating utility's voluntary |
commitments and obligations under subsection (b) of this |
|
Section shall immediately terminate, except for the utility's |
obligation to pay an amount already owed to the fund for |
training grants pursuant to a Commission order issued under |
subsection (b) of this Section. |
In the event that the average annual increase is 2.5% or |
less as calculated pursuant to this subsection (g), then the |
performance-based formula rate shall remain in effect as set |
forth in this Section. |
For purposes of this Section, the amount per kilowatthour |
means the total amount paid for electric service expressed on a |
per kilowatthour basis, and the total amount paid for electric |
service includes without limitation amounts paid for supply, |
transmission, distribution, surcharges, and add-on taxes |
exclusive of any increases in taxes or new taxes imposed after |
the effective date of this amendatory Act of the 97th General |
Assembly. For purposes of this Section, "eligible retail |
customers" shall have the meaning set forth in Section 16-111.5 |
of this Act. |
The fact that this Section becomes inoperative as set forth |
in this subsection shall not be construed to mean that the |
Commission may reexamine or otherwise reopen prudence or |
reasonableness determinations already made. |
(h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of |
this Act, other than this subsection, are inoperative after |
December 31, 2017 for every participating utility, after which |
time a participating utility shall no longer be eligible to |
|
annually update the performance-based formula rate tariff |
pursuant to subsection (d) of this Section. At such time, the |
then current rates shall remain in effect until such time as |
new rates are set pursuant to Article IX of this Act, subject |
to retroactive adjustment, with interest, to reconcile rates |
charged with actual costs. |
By December 31, 2017, the Commission shall prepare and file |
with the General Assembly a report on the infrastructure |
program and the performance-based formula rate. The report |
shall include the change in the average amount per kilowatthour |
paid by residential customers between June 1, 2011 and May 31, |
2017. If the change in the total average rate paid exceeds 2.5% |
compounded annually, the Commission shall include in the report |
an analysis that shows the portion of the change due to the |
delivery services component and the portion of the change due |
to the supply component of the rate. The report shall include |
separate sections for each participating utility. |
In the event Sections 16-108.5, 16-108.6, 16-108.7, and |
16-108.8 of this Act do not become inoperative after December |
31, 2017, then these Sections are inoperative after December |
31, 2022 for every participating utility, after which time a |
participating utility shall no longer be eligible to annually |
update the performance-based formula rate tariff pursuant to |
subsection (d) of this Section. At such time, the then current |
rates shall remain in effect until such time as new rates are |
set pursuant to Article IX of this Act, subject to retroactive |
|
adjustment, with interest, to reconcile rates charged with |
actual costs. |
The fact that this Section becomes inoperative as set forth |
in this subsection shall not be construed to mean that the |
Commission may reexamine or otherwise reopen prudence or |
reasonableness determinations already made. |
(i) While a participating utility may use, develop, and |
maintain broadband systems and the delivery of broadband |
services, voice-over-internet-protocol services, |
telecommunications services, and cable and video programming |
services for use in providing delivery services and Smart Grid |
functionality or application to its retail customers, |
including, but not limited to, the installation, |
implementation and maintenance of Smart Grid electric system |
upgrades as defined in Section 16-108.6 of this Act, a |
participating utility is prohibited from offering to its retail |
customers broadband services or the delivery of broadband |
services, voice-over-internet-protocol services, |
telecommunications services, or cable or video programming |
services, unless they are part of a service directly related to |
delivery services or Smart Grid functionality or applications |
as defined in Section 16-108.6 of this Act, and from recovering |
the costs of such offerings from retail customers. |
(j) Nothing in this Section is intended to legislatively |
overturn the opinion issued in Commonwealth Edison Co. v. Ill. |
Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137, |
|
1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App. |
Ct. 2d Dist. Sept. 30, 2010). This amendatory Act of the 97th |
General Assembly shall not be construed as creating a contract |
between the General Assembly and the participating utility, and |
shall not establish a property right in the participating |
utility.
|
(k) The changes made in subsections (c) and (d) of this |
Section by this amendatory Act of the 98th General Assembly are |
intended to be a restatement and clarification of existing law, |
and intended to give binding effect to the provisions of House |
Resolution 1157 adopted by the House of Representatives of the |
97th General Assembly and Senate Resolution 821 adopted by the |
Senate of the 97th General Assembly that are reflected in |
paragraph (3) of this subsection. In addition, this amendatory |
Act of the 98th General Assembly preempts and supersedes any |
final Commission orders entered in Docket Nos. 11-0721, |
12-0001, 12-0293, and 12-0321 to the extent inconsistent with |
the amendatory language added to subsections (c) and (d). |
(1) No earlier than 5 business days after the effective |
date of this amendatory Act of the 98th General Assembly, |
each participating utility shall file any tariff changes |
necessary to implement the amendatory language set forth in |
subsections (c) and (d) of this Section by this amendatory |
Act of the 98th General Assembly and a revised revenue |
requirement under the participating utility's |
performance-based formula rate. The Commission shall enter |
|
a final order approving such tariff changes and revised |
revenue requirement within 21 days after the participating |
utility's filing. |
(2) Notwithstanding anything that may be to the |
contrary, a participating utility may file a tariff to |
retroactively recover its previously unrecovered actual |
costs of delivery service that are no longer subject to |
recovery through a reconciliation adjustment under |
subsection (d) of this Section. This retroactive recovery |
shall include any derivative adjustments resulting from |
the changes to subsections (c) and (d) of this Section by |
this amendatory Act of the 98th General Assembly. Such |
tariff shall allow the utility to assess, on current |
customer bills over a period of 12 monthly billing periods, |
a charge or credit related to those unrecovered costs with |
interest at the utility's weighted average cost of capital |
during the period in which those costs were unrecovered. A |
participating utility may file a tariff that implements a |
retroactive charge or credit as described in this paragraph |
for amounts not otherwise included in the tariff filing |
provided for in paragraph (1) of this subsection (k). The |
Commission shall enter a final order approving such tariff |
within 21 days after the participating utility's filing. |
(3) The tariff changes described in paragraphs (1) and |
(2) of this subsection (k) shall relate only to, and be |
consistent with, the following provisions of this |
|
amendatory Act of the 98th General Assembly: paragraph (2) |
of subsection (c) regarding year-end capital structure, |
subparagraph (D) of paragraph (4) of subsection (c) |
regarding pension assets, and subsection (d) regarding the |
reconciliation components related to year-end rate base |
and interest calculated at a rate equal to the utility's |
weighted average cost of capital. |
(4) Nothing in this subsection is intended to effect a |
dismissal of or otherwise affect an appeal from any final |
Commission orders entered in Docket Nos. 11-0721, 12-0001, |
12-0293, and 12-0321 other than to the extent of the |
amendatory language contained in subsections (c) and (d) of |
this amendatory Act of the 98th General Assembly. |
(l) Each participating utility shall be deemed to have been |
in full compliance with all requirements of subsection (b) of |
this Section, subsection (c) of this Section, Section 16-108.6 |
of this Act, and all Commission orders entered pursuant to |
Sections 16-108.5 and 16-108.6 of this Act, up to and including |
the effective date of this amendatory Act of the 98th General |
Assembly. The Commission shall not undertake any investigation |
of such compliance and no penalty shall be assessed or adverse |
action taken against a participating utility for noncompliance |
with Commission orders associated with subsection (b) of this |
Section, subsection (c) of this Section, and Section 16-108.6 |
of this Act prior to such date. Each participating utility |
other than a combination utility shall be permitted, without |
|
penalty, a period of 12 months after such effective date to |
take actions required to ensure its infrastructure investment |
program is in compliance with subsection (b) of this Section |
and with Section 16-108.6 of this Act. Provided further: |
(1) if this amendatory Act of the 98th General Assembly |
takes effect on or before June 15, 2013, the following |
subparagraphs shall apply to a participating utility other |
than a combination utility: |
(A) if the Commission has initiated a proceeding |
pursuant to subsection (e) of Section 16-108.6 of this |
Act that is pending as of the effective date of this |
amendatory Act of the 98th General Assembly, then the |
order entered in such proceeding shall, after notice |
and hearing, accelerate the commencement of the meter |
deployment schedule approved in the final Commission |
order on rehearing entered in Docket No. 12-0298; |
(B) if the Commission has entered an order pursuant |
to subsection (e) of Section 16-108.6 of this Act prior |
to the effective date of this amendatory Act of the |
98th General Assembly that does not accelerate the |
commencement of the meter deployment schedule approved |
in the final Commission order on rehearing entered in |
Docket No. 12-0298, then the utility shall file with |
the Commission, within 45 days after such effective |
date, a plan for accelerating the commencement of the |
utility's meter deployment schedule approved in the |
|
final Commission order on rehearing entered in Docket |
No. 12-0298; the Commission shall reopen the |
proceeding in which it entered its order pursuant to |
subsection (e) of Section 16-108.6 of this Act and |
shall, after notice and hearing, enter an amendatory |
order that approves or approves as modified such |
accelerated plan within 90 days after the utility's |
filing; or |
(C) if the Commission has not initiated a |
proceeding pursuant to subsection (e) of Section |
16-108.6 of this Act prior to the effective date of |
this amendatory Act of the 98th General Assembly, then |
the utility shall file with the Commission, within 45 |
days after such effective date, a plan for accelerating |
the commencement of the utility's meter deployment |
schedule approved in the final Commission order on |
rehearing entered in Docket No. 12-0298 and the |
Commission shall, after notice and hearing, approve or |
approve as modified such plan within 90 days after the |
utility's filing; |
(2) if this amendatory Act of the 98th General Assembly |
takes effect after June 15, 2013, then each participating |
utility other than a combination utility shall file with |
the Commission, within 45 days after such effective date, a |
plan for accelerating the commencement of the utility's |
meter deployment schedule approved in the final Commission |
|
order on rehearing entered in Docket No. 12-0298; the |
Commission shall reopen the most recent proceeding in which |
it entered an order pursuant to subsection (e) of Section |
16-108.6 of this Act and within 90 days after the utility's |
filing shall, after notice and hearing, enter an amendatory |
order that approves or approves as modified such |
accelerated plan, provided that if there was no such prior |
proceeding the Commission shall open a new proceeding and |
within 90 days after the utility's filing shall, after |
notice and hearing, enter an order that approves or |
approves as modified such accelerated plan. |
Any schedule for meter deployment approved by the |
Commission pursuant to subparagraphs (1) or (2) of this |
subsection (l) shall take into consideration procurement times |
for meters and other equipment and operational issues. Nothing |
in this amendatory Act of the 98th General Assembly shall |
shorten or extend the end dates for the 5-year or 10-year |
periods set forth in subsection (b) of this Section or Section |
16-108.6 of this Act. Nothing in this subsection is intended to |
address whether a participating utility has, or has not, |
satisfied any or all of the metrics and performance goals |
established pursuant to subsection (f) of this Section. |
(m) The provisions of this amendatory Act of the 98th |
General Assembly are severable under Section 1.31 of the |
Statute on Statutes. |
(Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11; |
|
98-15, eff. 5-22-13.)
|
Section 560. The Citizens Utility Board Act is amended by |
changing Section 9 as follows:
|
(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
|
Sec. 9. Mailing procedure.
|
(1) As used in this Section:
|
(a) "Enclosure" means a card, leaflet, envelope or |
combination thereof
furnished by the corporation under |
this Section.
|
(b) "Mailing" means any communication by a State |
agency, other than
a mailing made under the Senior Citizens |
and
Persons with Disabilities Disabled Persons Property |
Tax Relief Act,
that is sent through the United States |
Postal Service to more than 50,000
persons within a |
12-month period.
|
(c) "State agency" means any officer, department, |
board, commission,
institution or entity of the executive |
or legislative
branches of State government.
|
(2) To accomplish its powers and duties under Section 5 |
this Act, the
corporation, subject to the following |
limitations, may prepare and furnish
to any State agency an |
enclosure to be included with a mailing by that agency.
|
(a) A State agency furnished with an enclosure shall |
include the
enclosure within the mailing designated by the |
|
corporation.
|
(b) An enclosure furnished by the corporation under |
this Section shall
be provided to the State agency a |
reasonable period of time in advance of
the mailing.
|
(c) An enclosure furnished by the corporation under |
this Section shall be
limited to informing the reader of |
the purpose, nature and activities of the
corporation as |
set forth in this Act and informing the reader that it may
|
become a member in the corporation, maintain membership in |
the corporation
and contribute money to the corporation |
directly.
|
(d) Prior to furnishing an enclosure to the State |
agency, the
corporation shall seek and obtain approval of |
the content of the enclosure
from the Illinois Commerce |
Commission. The Commission shall approve the
enclosure if |
it determines that the enclosure (i) is not false or
|
misleading and (ii) satisfies the requirements of this Act. |
The Commission
shall be deemed to have approved the |
enclosure unless it disapproves the
enclosure within 14 |
days from the date of receipt.
|
(3) The corporation shall reimburse each State agency for |
all reasonable
incremental costs incurred by the State agency |
in complying with this
Section above the agency's normal |
mailing and handling costs, provided that:
|
(a) The State agency shall first furnish the |
corporation with an
itemized accounting of such additional |
|
cost; and
|
(b) The corporation shall not be required to reimburse |
the State agency
for postage costs if the weight of the |
corporation's enclosure does not
exceed .35 ounce |
avoirdupois. If the corporation's enclosure exceeds that
|
weight, then it shall only be required to reimburse the |
State agency for
postage cost over and above what the |
agency's postage cost would have been
had the enclosure |
weighed only .35 ounce avoirdupois.
|
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
|
Section 565. The Child Care Act of 1969 is amended by |
changing Sections 2.06, 2.09, 4.2, and 7 as follows:
|
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
|
Sec. 2.06.
"Child care institution" means a child care |
facility where more than
7 children are received and maintained |
for the purpose of providing them
with care or training or |
both. The term "child care institution"
includes residential |
schools, primarily serving ambulatory children with |
disabilities handicapped
children , and those operating a full |
calendar year, but does not
include:
|
(a) Any State-operated institution for child care |
established by
legislative action;
|
(b) Any juvenile detention or shelter care home established |
and operated by any
county or child protection district |
|
established under the "Child
Protection Act";
|
(c) Any institution, home, place or facility operating |
under a
license pursuant to the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or the |
ID/DD Community Care Act;
|
(d) Any bona fide boarding school in which children are |
primarily
taught branches of education corresponding to those |
taught in public
schools, grades one through 12, or taught in |
public elementary schools,
high schools, or both elementary and |
high schools, and which operates on
a regular academic school |
year basis; or
|
(e) Any facility licensed as a "group home"
as defined in |
this Act.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
|
Sec. 2.09.
"Day care center" means any child care facility |
which regularly
provides day care for less than 24 hours per |
day for (1) more than 8 children
in a family home, or (2) more |
than 3 children in a facility other than a
family home, |
including senior citizen buildings. The term does not include
|
(a)
programs operated by (i) public or private elementary |
school systems or
secondary level school units or institutions |
of higher learning that
serve children who shall have attained |
the age of 3 years or (ii) private
entities on the grounds of |
|
public or private elementary or
secondary schools and that |
serve children who have attained the age of 3
years, except |
that this exception applies only to the facility and not to the
|
private entities' personnel operating the program;
(b)
|
programs
or that portion of the program which serves children |
who shall have attained
the age of 3 years and which are |
recognized by the State Board of Education;
(c) educational |
program or programs serving children who shall have attained
|
the age of 3 years and which are operated by a school which is |
registered
with the State Board of Education and which is |
recognized or accredited
by a recognized national or multistate
|
educational organization or association which regularly |
recognizes or accredits
schools; (d) programs which |
exclusively serve or that portion of the
program which serves |
children with disabilities handicapped children who shall have |
attained the age
of 3 years but are less than 21 years of age |
and which are registered and
approved as meeting standards of |
the State Board of Education and
applicable fire marshal |
standards; (e) facilities operated in connection
with a |
shopping center or service, religious services, or other |
similar
facility, where transient children are cared for |
temporarily while parents
or custodians of the children are |
occupied on the premises and readily
available; (f) any type of |
day care center that is
conducted on federal government |
premises; (g) special activities
programs, including |
athletics, crafts instruction and similar activities
conducted |
|
on an organized and periodic basis by civic, charitable and
|
governmental organizations; (h) part day child care |
facilities, as
defined in Section 2.10 of this Act; or (i) |
programs or that portion of
the program which (1) serves |
children who shall have attained the age of
3 years, (2) is |
operated by churches or religious institutions as described
in |
Section 501 (c) (3) of the federal Internal Revenue Code, (3) |
receives
no governmental aid, (4) is operated as a component of |
a religious, nonprofit
elementary school, (5) operates |
primarily to provide religious education,
and (6) meets |
appropriate State or local health and fire safety standards.
|
For purposes of (a), (b), (c), (d) and (i) of this Section,
|
"children who shall have attained the age of 3 years" shall |
mean children
who are 3 years of age, but less than 4 years of |
age, at the time of
enrollment in the program.
|
(Source: P.A. 92-659, eff. 7-16-02.)
|
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
|
Sec. 4.2. (a) No applicant may receive a license from the |
Department and
no person may be employed by a licensed child |
care facility who refuses to
authorize an investigation as |
required by Section 4.1.
|
(b) In addition to the other provisions of this Section, no |
applicant
may
receive a license from the Department and no |
person
may be employed by a child care facility licensed by the |
Department who has
been declared a sexually dangerous person |
|
under "An Act in relation to
sexually dangerous persons, and |
providing for their commitment, detention
and supervision", |
approved July 6, 1938, as amended, or convicted of
committing |
or attempting to commit any of the following offenses |
stipulated
under the Criminal Code of 1961 or the Criminal Code |
of 2012:
|
(1) murder;
|
(1.1) solicitation of murder;
|
(1.2) solicitation of murder for hire;
|
(1.3) intentional homicide of an unborn child;
|
(1.4) voluntary manslaughter of an unborn child;
|
(1.5) involuntary manslaughter;
|
(1.6) reckless homicide;
|
(1.7) concealment of a homicidal death;
|
(1.8) involuntary manslaughter of an unborn child;
|
(1.9) reckless homicide of an unborn child;
|
(1.10) drug-induced homicide;
|
(2) a sex offense under Article 11, except offenses |
described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, |
11-40, and 11-45;
|
(3) kidnapping;
|
(3.1) aggravated unlawful restraint;
|
(3.2) forcible detention;
|
(3.3) harboring a runaway;
|
(3.4) aiding and abetting child abduction;
|
(4) aggravated kidnapping;
|
|
(5) child abduction;
|
(6) aggravated battery of a child as described in |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
|
(7) criminal sexual assault;
|
(8) aggravated criminal sexual assault;
|
(8.1) predatory criminal sexual assault of a child;
|
(9) criminal sexual abuse;
|
(10) aggravated sexual abuse;
|
(11) heinous battery as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05;
|
(12) aggravated battery with a firearm as described in |
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
(e)(4) of Section 12-3.05;
|
(13) tampering with food, drugs, or cosmetics;
|
(14) drug induced infliction of great bodily harm as |
described in Section 12-4.7 or subdivision (g)(1) of |
Section 12-3.05;
|
(15) hate crime;
|
(16) stalking;
|
(17) aggravated stalking;
|
(18) threatening public officials;
|
(19) home invasion;
|
(20) vehicular invasion;
|
(21) criminal transmission of HIV;
|
(22) criminal abuse or neglect of an elderly person or |
person with a disability or disabled person as described in |
|
Section 12-21 or subsection (e) (b) of Section 12-4.4a;
|
(23) child abandonment;
|
(24) endangering the life or health of a child;
|
(25) ritual mutilation;
|
(26) ritualized abuse of a child;
|
(27) an offense in any other jurisdiction the elements |
of
which are similar and
bear a substantial relationship to |
any of the foregoing offenses.
|
(b-1) In addition to the other provisions of this Section, |
beginning
January 1, 2004, no new applicant and, on the date of
|
licensure renewal, no current licensee may operate or receive a |
license from
the
Department to operate, no person may be |
employed by, and no adult person may
reside in a child care |
facility licensed by the Department who has been
convicted of |
committing or attempting to commit any of the following |
offenses
or an offense in any other jurisdiction the elements |
of which are similar and
bear a substantial relationship to any |
of the following offenses:
|
(I) BODILY HARM
|
(1) Felony aggravated assault.
|
(2) Vehicular endangerment.
|
(3) Felony domestic battery.
|
(4) Aggravated battery.
|
(5) Heinous battery.
|
|
(6) Aggravated battery with a firearm.
|
(7) Aggravated battery of an unborn child.
|
(8) Aggravated battery of a senior citizen.
|
(9) Intimidation.
|
(10) Compelling organization membership of persons.
|
(11) Abuse and criminal neglect of a long term care |
facility resident.
|
(12) Felony violation of an order of protection.
|
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
|
(1) Felony unlawful use of weapons.
|
(2) Aggravated discharge of a firearm.
|
(3) Reckless discharge of a firearm.
|
(4) Unlawful use of metal piercing bullets.
|
(5) Unlawful sale or delivery of firearms on the |
premises of any
school.
|
(6) Disarming a police officer.
|
(7) Obstructing justice.
|
(8) Concealing or aiding a fugitive.
|
(9) Armed violence.
|
(10) Felony contributing to the criminal delinquency |
of a juvenile.
|
(III) DRUG OFFENSES
|
|
(1) Possession of more than 30 grams of cannabis.
|
(2) Manufacture of more than 10 grams of cannabis.
|
(3) Cannabis trafficking.
|
(4) Delivery of cannabis on school grounds.
|
(5) Unauthorized production of more than 5 cannabis |
sativa plants.
|
(6) Calculated criminal cannabis conspiracy.
|
(7) Unauthorized manufacture or delivery of controlled |
substances.
|
(8) Controlled substance trafficking.
|
(9) Manufacture, distribution, or advertisement of |
look-alike
substances.
|
(10) Calculated criminal drug conspiracy.
|
(11) Street gang criminal drug conspiracy.
|
(12) Permitting unlawful use of a building.
|
(13) Delivery of controlled, counterfeit, or |
look-alike substances to
persons under age 18, or at truck |
stops, rest stops, or safety rest areas, or
on school |
property.
|
(14) Using, engaging, or employing persons under 18 to |
deliver
controlled, counterfeit, or look-alike substances.
|
(15) Delivery of controlled substances.
|
(16) Sale or delivery of drug paraphernalia.
|
(17) Felony possession, sale, or exchange of |
instruments adapted
for use of a controlled substance, |
methamphetamine, or cannabis by subcutaneous injection.
|
|
(18) Felony possession of a controlled substance.
|
(19) Any violation of the Methamphetamine Control and |
Community Protection Act.
|
(b-1.5) In addition to any other provision of this Section, |
for applicants with access to confidential financial |
information or who submit documentation to support billing, no |
applicant whose initial application was considered after the |
effective date of this amendatory Act of the 97th General |
Assembly may receive a license from the Department or a child |
care facility licensed by the Department who has been convicted |
of committing or attempting to commit any of the following |
felony offenses: |
(1) financial institution fraud under Section 17-10.6 |
of the Criminal Code of 1961 or the Criminal Code of 2012; |
(2) identity theft under Section 16-30 of the Criminal |
Code of 1961 or the Criminal Code of 2012; |
(3) financial exploitation of an elderly person or a |
person with a disability under Section 17-56 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(4) computer tampering under Section 17-51 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(5) aggravated computer tampering under Section 17-52 |
of the Criminal Code of 1961 or the Criminal Code of 2012; |
(6) computer fraud under Section 17-50 of the Criminal |
Code of 1961 or the Criminal Code of 2012; |
(7) deceptive practices under Section 17-1 of the |
|
Criminal Code of 1961 or the Criminal Code of 2012; |
(8) forgery under Section 17-3 of the Criminal Code of |
1961 or the Criminal Code of 2012; |
(9) State benefits fraud under Section 17-6 of the |
Criminal Code of 1961 or the Criminal Code of 2012; |
(10) mail fraud and wire fraud under Section 17-24 of |
the Criminal Code of 1961 or the Criminal Code of 2012; |
(11) theft under paragraphs (1.1) through (11) of |
subsection (b) of Section 16-1 of the Criminal Code of 1961 |
or the Criminal Code of 2012. |
(b-2) Notwithstanding subsection (b-1), the Department may |
make an exception and, for child care facilities other than |
foster family homes,
issue a new child care facility license to |
or renew the
existing child care facility license of an |
applicant, a person employed by a
child care facility, or an |
applicant who has an adult residing in a home child
care |
facility who was convicted of an offense described in |
subsection (b-1),
provided that all of the following |
requirements are met:
|
(1) The relevant criminal offense occurred more than 5 |
years prior to the
date of application or renewal, except |
for drug offenses. The relevant drug
offense must have |
occurred more than 10 years prior to the date of |
application
or renewal, unless the applicant passed a drug |
test, arranged and paid for by
the child care facility, no |
less than 5 years after the offense.
|
|
(2) The Department must conduct a background check and |
assess all
convictions and recommendations of the child |
care facility to determine if hiring or licensing the |
applicant is in
accordance with Department administrative |
rules and
procedures.
|
(3) The applicant meets all other requirements and |
qualifications to be
licensed as the pertinent type of |
child care facility under this Act and the
Department's |
administrative rules.
|
(c) In addition to the other provisions of this Section, no
|
applicant may receive a license from the Department to operate |
a foster family
home, and no adult person may reside in a |
foster family home licensed by the
Department, who has been |
convicted of committing or attempting to commit any of
the |
following offenses stipulated under the Criminal Code of 1961, |
the Criminal Code of 2012, the Cannabis
Control Act, the |
Methamphetamine Control and Community Protection Act, and the |
Illinois Controlled Substances Act:
|
(I) OFFENSES DIRECTED AGAINST THE PERSON
|
(A) KIDNAPPING AND RELATED OFFENSES
|
(1) Unlawful restraint.
|
(B) BODILY HARM
|
(2) Felony aggravated assault.
|
|
(3) Vehicular endangerment.
|
(4) Felony domestic battery.
|
(5) Aggravated battery.
|
(6) Heinous battery.
|
(7) Aggravated battery with a firearm.
|
(8) Aggravated battery of an unborn child.
|
(9) Aggravated battery of a senior citizen.
|
(10) Intimidation.
|
(11) Compelling organization membership of persons.
|
(12) Abuse and criminal neglect of a long term care |
facility resident.
|
(13) Felony violation of an order of protection.
|
(II) OFFENSES DIRECTED AGAINST PROPERTY
|
(14) Felony theft.
|
(15) Robbery.
|
(16) Armed robbery.
|
(17) Aggravated robbery.
|
(18) Vehicular hijacking.
|
(19) Aggravated vehicular hijacking.
|
(20) Burglary.
|
(21) Possession of burglary tools.
|
(22) Residential burglary.
|
(23) Criminal fortification of a residence or |
building.
|
|
(24) Arson.
|
(25) Aggravated arson.
|
(26) Possession of explosive or explosive incendiary |
devices.
|
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
|
(27) Felony unlawful use of weapons.
|
(28) Aggravated discharge of a firearm.
|
(29) Reckless discharge of a firearm.
|
(30) Unlawful use of metal piercing bullets.
|
(31) Unlawful sale or delivery of firearms on the |
premises of any school.
|
(32) Disarming a police officer.
|
(33) Obstructing justice.
|
(34) Concealing or aiding a fugitive.
|
(35) Armed violence.
|
(36) Felony contributing to the criminal delinquency |
of a juvenile.
|
(IV) DRUG OFFENSES
|
(37) Possession of more than 30 grams of cannabis.
|
(38) Manufacture of more than 10 grams of cannabis.
|
(39) Cannabis trafficking.
|
(40) Delivery of cannabis on school grounds.
|
|
(41) Unauthorized production of more than 5 cannabis |
sativa plants.
|
(42) Calculated criminal cannabis conspiracy.
|
(43) Unauthorized manufacture or delivery of |
controlled substances.
|
(44) Controlled substance trafficking.
|
(45) Manufacture, distribution, or advertisement of |
look-alike substances.
|
(46) Calculated criminal drug conspiracy.
|
(46.5) Streetgang criminal drug conspiracy.
|
(47) Permitting unlawful use of a building.
|
(48) Delivery of controlled, counterfeit, or |
look-alike substances to
persons under age 18, or at truck |
stops, rest stops, or safety rest areas, or
on school |
property.
|
(49) Using, engaging, or employing persons under 18 to |
deliver controlled,
counterfeit, or look-alike substances.
|
(50) Delivery of controlled substances.
|
(51) Sale or delivery of drug paraphernalia.
|
(52) Felony possession, sale, or exchange of |
instruments adapted for use
of a controlled substance, |
methamphetamine, or cannabis by subcutaneous injection. |
(53) Any violation of the Methamphetamine Control and |
Community Protection Act.
|
(d) Notwithstanding subsection (c), the Department may |
make an exception and issue a new foster
family home license or |
|
may renew an existing
foster family home license of an |
applicant who was convicted of an offense
described in |
subsection (c), provided all of the following requirements are
|
met:
|
(1) The relevant criminal offense or offenses occurred |
more than 10 years
prior to the date of application or |
renewal.
|
(2) The applicant had previously disclosed the |
conviction or convictions
to the Department for purposes of |
a background check.
|
(3) After the disclosure, the Department either placed |
a child in the home
or the foster family home license was |
issued.
|
(4) During the background check, the Department had |
assessed and
waived the conviction in compliance with the |
existing statutes and rules in
effect at the time of the |
hire or licensure.
|
(5) The applicant meets all other requirements and |
qualifications to be
licensed as a foster family home under |
this Act and the Department's
administrative
rules.
|
(6) The applicant has a history of providing a safe, |
stable home
environment and appears able to continue to |
provide a safe, stable home
environment.
|
(e) In evaluating the exception pursuant to subsections |
(b-2) and (d), the Department must carefully review any |
relevant documents to determine whether the applicant, despite |
|
the disqualifying convictions, poses a substantial risk to |
State resources or clients. In making such a determination, the |
following guidelines shall be used: |
(1) the age of the applicant when the offense was |
committed; |
(2) the circumstances surrounding the offense; |
(3) the length of time since the conviction; |
(4) the specific duties and responsibilities |
necessarily related to the license being applied for and |
the bearing, if any, that the applicant's conviction |
history may have on his or her fitness to perform these |
duties and responsibilities; |
(5) the applicant's employment references; |
(6) the applicant's character references and any |
certificates of achievement; |
(7) an academic transcript showing educational |
attainment since the disqualifying conviction; |
(8) a Certificate of Relief from Disabilities or |
Certificate of Good Conduct; and |
(9) anything else that speaks to the applicant's |
character. |
(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; |
96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff. |
7-31-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
(225 ILCS 10/7) (from Ch. 23, par. 2217)
|
|
Sec. 7. (a) The Department must prescribe and publish |
minimum standards
for licensing that apply to the various types |
of facilities for child care
defined in this Act and that are |
equally applicable to like institutions
under the control of |
the Department and to foster family homes used by and
under the |
direct supervision of the Department. The Department shall seek
|
the advice and assistance of persons representative of the |
various types of
child care facilities in establishing such |
standards. The standards
prescribed and published under this |
Act take effect as provided in the
Illinois Administrative |
Procedure Act, and are restricted to
regulations pertaining to |
the following matters and to any rules and regulations required |
or permitted by any other Section of this Act:
|
(1) The operation and conduct of the facility and |
responsibility it
assumes for child care;
|
(2) The character, suitability and qualifications of |
the applicant and
other persons directly responsible for |
the care and welfare of children
served. All child day care |
center licensees and employees who are required
to
report |
child abuse or neglect under the Abused and Neglected Child |
Reporting
Act shall be required to attend training on |
recognizing child abuse and
neglect, as prescribed by |
Department rules;
|
(3) The general financial ability and competence of the |
applicant to
provide necessary care for children and to |
maintain prescribed standards;
|
|
(4) The number of individuals or staff required to |
insure adequate
supervision and care of the children |
received. The standards shall provide
that each child care |
institution, maternity center, day care center,
group |
home, day care home, and group day care home shall have on |
its
premises during its hours of operation at
least one |
staff member certified in first aid, in the Heimlich |
maneuver and
in cardiopulmonary resuscitation by the |
American Red Cross or other
organization approved by rule |
of the Department. Child welfare agencies
shall not be |
subject to such a staffing requirement. The Department may
|
offer, or arrange for the offering, on a periodic basis in |
each community
in this State in cooperation with the |
American Red Cross, the American
Heart Association or other |
appropriate organization, voluntary programs to
train |
operators of foster family homes and day care homes in |
first aid and
cardiopulmonary resuscitation;
|
(5) The appropriateness, safety, cleanliness and |
general adequacy of the
premises, including maintenance of |
adequate fire prevention and health
standards conforming |
to State laws and municipal codes to provide for the
|
physical comfort, care and well-being of children |
received;
|
(6) Provisions for food, clothing, educational |
opportunities, program,
equipment and individual supplies |
to assure the healthy physical, mental
and spiritual |
|
development of children served;
|
(7) Provisions to safeguard the legal rights of |
children served;
|
(8) Maintenance of records pertaining to the |
admission, progress, health
and discharge of children, |
including, for day care centers and day care
homes, records |
indicating each child has been immunized as required by |
State
regulations. The Department shall require proof that |
children enrolled in
a facility have been immunized against |
Haemophilus Influenzae B (HIB);
|
(9) Filing of reports with the Department;
|
(10) Discipline of children;
|
(11) Protection and fostering of the particular
|
religious faith of the children served;
|
(12) Provisions prohibiting firearms on day care |
center premises
except in the possession of peace officers;
|
(13) Provisions prohibiting handguns on day care home |
premises except in
the possession of peace officers or |
other adults who must possess a handgun
as a condition of |
employment and who reside on the premises of a day care |
home;
|
(14) Provisions requiring that any firearm permitted |
on day care home
premises, except handguns in the |
possession of peace officers, shall be
kept in a |
disassembled state, without ammunition, in locked storage,
|
inaccessible to children and that ammunition permitted on |
|
day care home
premises shall be kept in locked storage |
separate from that of disassembled
firearms, inaccessible |
to children;
|
(15) Provisions requiring notification of parents or |
guardians enrolling
children at a day care home of the |
presence in the day care home of any
firearms and |
ammunition and of the arrangements for the separate, locked
|
storage of such firearms and ammunition; and
|
(16) Provisions requiring all licensed child care |
facility employees who care for newborns and infants to |
complete training every 3 years on the nature of sudden |
unexpected infant death (SUID), sudden infant death |
syndrome (SIDS), and the safe sleep recommendations of the |
American Academy of Pediatrics. |
(b) If, in a facility for general child care, there are |
children
diagnosed as mentally ill or children diagnosed as |
having an intellectual or physical disability , intellectually |
disabled or physically handicapped , who
are determined to be in |
need of special mental treatment or of nursing
care, or both |
mental treatment and nursing care, the Department shall seek
|
the advice and recommendation of the Department of Human |
Services,
the Department of Public Health, or both
Departments |
regarding the residential treatment and nursing care provided
|
by the institution.
|
(c) The Department shall investigate any person applying to |
be
licensed as a foster parent to determine whether there is |
|
any evidence of
current drug or alcohol abuse in the |
prospective foster family. The
Department shall not license a |
person as a foster parent if drug or alcohol
abuse has been |
identified in the foster family or if a reasonable suspicion
of |
such abuse exists, except that the Department may grant a |
foster parent
license to an applicant identified with an |
alcohol or drug problem if the
applicant has successfully |
participated in an alcohol or drug treatment
program, self-help |
group, or other suitable activities.
|
(d) The Department, in applying standards prescribed and |
published, as
herein provided, shall offer consultation |
through employed staff or other
qualified persons to assist |
applicants and licensees in meeting and
maintaining minimum |
requirements for a license and to help them otherwise
to |
achieve programs of excellence related to the care of children |
served.
Such consultation shall include providing information |
concerning education
and training in early childhood |
development to providers of day care home
services. The |
Department may provide or arrange for such education and
|
training for those providers who request such assistance.
|
(e) The Department shall distribute copies of licensing
|
standards to all licensees and applicants for a license. Each |
licensee or
holder of a permit shall distribute copies of the |
appropriate licensing
standards and any other information |
required by the Department to child
care facilities under its |
supervision. Each licensee or holder of a permit
shall maintain |
|
appropriate documentation of the distribution of the
|
standards. Such documentation shall be part of the records of |
the facility
and subject to inspection by authorized |
representatives of the Department.
|
(f) The Department shall prepare summaries of day care |
licensing
standards. Each licensee or holder of a permit for a |
day care facility
shall distribute a copy of the appropriate |
summary and any other
information required by the Department, |
to the legal guardian of each child
cared for in that facility |
at the time when the child is enrolled or
initially placed in |
the facility. The licensee or holder of a permit for a
day care |
facility shall secure appropriate documentation of the
|
distribution of the summary and brochure. Such documentation |
shall be a
part of the records of the facility and subject to |
inspection by an
authorized representative of the Department.
|
(g) The Department shall distribute to each licensee and
|
holder of a permit copies of the licensing or permit standards |
applicable
to such person's facility. Each licensee or holder |
of a permit shall make
available by posting at all times in a |
common or otherwise accessible area
a complete and current set |
of licensing standards in order that all
employees of the |
facility may have unrestricted access to such standards.
All |
employees of the facility shall have reviewed the standards and |
any
subsequent changes. Each licensee or holder of a permit |
shall maintain
appropriate documentation of the current review |
of licensing standards by
all employees. Such records shall be |
|
part of the records of the facility
and subject to inspection |
by authorized representatives of the Department.
|
(h) Any standards involving physical examinations, |
immunization,
or medical treatment shall include appropriate |
exemptions for children
whose parents object thereto on the |
grounds that they conflict with the
tenets and practices of a |
recognized church or religious organization, of
which the |
parent is an adherent or member, and for children who should |
not
be subjected to immunization for clinical reasons.
|
(i) The Department, in cooperation with the Department of |
Public Health, shall work to increase immunization awareness |
and participation among parents of children enrolled in day |
care centers and day care homes by publishing on the |
Department's website information about the benefits of |
immunization against vaccine preventable diseases, including |
influenza and pertussis. The information for vaccine |
preventable diseases shall include the incidence and severity |
of the diseases, the availability of vaccines, and the |
importance of immunizing children and persons who frequently |
have close contact with children. The website content shall be |
reviewed annually in collaboration with the Department of |
Public Health to reflect the most current recommendations of |
the Advisory Committee on Immunization Practices (ACIP). The |
Department shall work with day care centers and day care homes |
licensed under this Act to ensure that the information is |
annually distributed to parents in August or September. |
|
(j) Any standard adopted by the Department that requires an |
applicant for a license to operate a day care home to include a |
copy of a high school diploma or equivalent certificate with |
his or her application shall be deemed to be satisfied if the |
applicant includes a copy of a high school diploma or |
equivalent certificate or a copy of a degree from an accredited |
institution of higher education or vocational institution or |
equivalent certificate. |
(Source: P.A. 97-83, eff. 1-1-12; 97-227, eff. 1-1-12; 97-494, |
eff. 8-22-11; 97-813, eff. 7-13-12; 98-817, eff. 1-1-15 .)
|
Section 570. The Illinois Dental Practice Act is amended by |
changing Section 13 as follows:
|
(225 ILCS 25/13) (from Ch. 111, par. 2313)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 13. Qualifications of Applicants for Dental |
Hygienists. Every
person who desires to obtain a license as a |
dental hygienist shall apply to the
Department in writing, upon |
forms prepared
and furnished by the Department. Each |
application shall contain proof of
the particular |
qualifications required of the applicant, shall be verified
by |
the applicant, under oath, and shall be accompanied by the |
required
examination fee.
|
The Department shall require that every applicant for a |
license
as a dental hygienist shall:
|
|
(1) (Blank).
|
(2) Be a graduate of high school
or its equivalent.
|
(3) Present satisfactory evidence of having successfully |
completed 2 academic
years of credit at a dental hygiene |
program accredited by the Commission on
Dental Accreditation of |
the American Dental Association.
|
(4) Submit evidence that he or she holds a currently valid |
certification to
perform cardiopulmonary resuscitation. The |
Department shall adopt rules
establishing criteria for |
certification in cardiopulmonary resuscitation.
The rules of |
the Department shall provide for variances only in instances
|
where the applicant is a person with a physical disability |
physically disabled and therefore unable to secure
such |
certification.
|
(5) (Blank).
|
(6) Present satisfactory evidence that the applicant has |
passed the National Board Dental Hygiene Examination |
administered by the Joint Commission on National Dental |
Examinations and has successfully completed an examination |
conducted by one of the following regional testing services: |
the Central Regional Dental Testing Service, Inc. (CRDTS), the |
Southern Regional Testing Agency, Inc. (SRTA), the Western |
Regional Examining Board (WREB), or the North East Regional |
Board (NERB). For the purposes of this Section, successful |
completion shall mean that the applicant has achieved a minimum |
passing score as determined by the applicable regional testing |
|
service. The Secretary may suspend a regional testing service |
under this item (6) if, after proper notice and hearing, it is |
established that (i) the integrity of the examination has been |
breached so as to make future test results unreliable or (ii) |
the examination is fundamentally deficient in testing clinical |
competency.
|
(Source: P.A. 96-14, eff. 6-19-09; 97-1013, eff. 8-17-12.)
|
Section 575. The Health Care Worker Background Check Act is |
amended by changing Section 5 as follows:
|
(225 ILCS 46/5)
|
Sec. 5. Purpose. The General Assembly finds that it is in |
the public
interest to protect the citizens of the State of
|
Illinois who are the most frail and who are persons with |
disabilities disabled citizens of the State of
Illinois from |
possible harm
through a criminal background check of certain |
health care workers and all employees of licensed and certified |
long-term care facilities who have or may have contact with |
residents or have access to the living quarters or the |
financial, medical, or personal records of residents.
|
(Source: P.A. 94-665, eff. 1-1-06.)
|
Section 580. The Home Medical Equipment and Services |
Provider License Act is amended by changing Section 10 as |
follows:
|
|
(225 ILCS 51/10)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 10. Definitions. As used in this Act:
|
(1) "Department" means the Department of Financial and
|
Professional
Regulation.
|
(2) "Secretary"
means the Secretary
of Financial and |
Professional Regulation.
|
(3) "Board" means the Home Medical Equipment and
|
Services Board.
|
(4) "Home medical equipment and services provider" or |
"provider" means a
legal
entity, as defined by State law, |
engaged in the business of
providing home medical equipment |
and services, whether directly
or through a contractual |
arrangement, to an unrelated sick individual or an |
unrelated individual with a disability or
disabled |
individual where that individual resides.
|
(5) "Home medical equipment and services" means the |
delivery,
installation, maintenance, replacement, or |
instruction in
the use of medical equipment used by a sick |
individual or an individual with a disability or disabled
|
individual to allow the individual to be maintained in his |
or her
residence.
|
(6) "Home medical equipment" means technologically |
sophisticated
medical devices,
apparatuses, machines, or |
other similar articles
bearing a label that states |
|
"Caution: federal law requires dispensing by or on
the |
order of a physician.", which are
usable in a home care |
setting, including but not
limited to:
|
(A) oxygen and oxygen delivery systems;
|
(B) ventilators;
|
(C) respiratory disease management devices, |
excluding compressor driven
nebulizers;
|
(D) wheelchair seating systems;
|
(E) apnea monitors;
|
(F) transcutaneous electrical nerve stimulator |
(TENS) units;
|
(G) low air-loss cutaneous pressure management |
devices;
|
(H) sequential compression devices;
|
(I) neonatal home phototherapy devices;
|
(J) enteral feeding pumps; and
|
(K) other similar equipment as defined by the |
Board.
|
"Home medical equipment" also includes hospital beds |
and electronic and
computer-driven wheelchairs, excluding |
scooters.
|
(7) "Address of record" means the designated address |
recorded by the Department in the applicant's or licensee's |
application file or license file maintained by the |
Department's licensure maintenance unit. It is the duty of |
the applicant or licensee to inform the Department of any |
|
change of address, and such changes must be made either |
through the Department's website or by contacting the |
Department's licensure maintenance unit.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
Section 585. The Medical Practice Act of 1987 is amended by |
changing Section 23 as follows:
|
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
|
(Section scheduled to be repealed on December 31, 2015)
|
Sec. 23. Reports relating to professional conduct
and |
capacity. |
(A) Entities required to report.
|
(1) Health care institutions. The chief administrator
|
or executive officer of any health care institution |
licensed
by the Illinois Department of Public Health shall |
report to
the Disciplinary Board when any person's clinical |
privileges
are terminated or are restricted based on a |
final
determination made in accordance with that |
institution's by-laws
or rules and regulations that a |
person has either committed
an act or acts which may |
directly threaten patient care or that a person may have a |
mental or physical disability that may be mentally or
|
physically disabled in such a manner as to endanger |
patients
under that person's care. Such officer also shall |
report if
a person accepts voluntary termination or |
|
restriction of
clinical privileges in lieu of formal action |
based upon conduct related
directly to patient care or in |
lieu of formal action
seeking to determine whether a person |
may have a mental or physical disability that may be |
mentally or
physically disabled in such a manner as to |
endanger patients
under that person's care. The |
Disciplinary Board
shall, by rule, provide for the |
reporting to it by health care institutions of all
|
instances in which a person, licensed under this Act, who |
is
impaired by reason of age, drug or alcohol abuse or |
physical
or mental impairment, is under supervision and, |
where
appropriate, is in a program of rehabilitation. Such
|
reports shall be strictly confidential and may be reviewed
|
and considered only by the members of the Disciplinary
|
Board, or by authorized staff as provided by rules of the
|
Disciplinary Board. Provisions shall be made for the
|
periodic report of the status of any such person not less
|
than twice annually in order that the Disciplinary Board
|
shall have current information upon which to determine the
|
status of any such person. Such initial and periodic
|
reports of impaired physicians shall not be considered
|
records within the meaning of The State Records Act and
|
shall be disposed of, following a determination by the
|
Disciplinary Board that such reports are no longer |
required,
in a manner and at such time as the Disciplinary |
Board shall
determine by rule. The filing of such reports |
|
shall be
construed as the filing of a report for purposes |
of
subsection (C) of this Section.
|
(1.5) Clinical training programs. The program director |
of any post-graduate clinical training program shall |
report to the Disciplinary Board if a person engaged in a |
post-graduate clinical training program at the |
institution, including, but not limited to, a residency or |
fellowship, separates from the program for any reason prior |
to its conclusion. The program director shall provide all |
documentation relating to the separation if, after review |
of the report, the Disciplinary Board determines that a |
review of those documents is necessary to determine whether |
a violation of this Act occurred.
|
(2) Professional associations. The President or chief
|
executive officer of any association or society, of persons
|
licensed under this Act, operating within this State shall
|
report to the Disciplinary Board when the association or
|
society renders a final determination that a person has
|
committed unprofessional conduct related directly to |
patient
care or that a person may have a mental or physical |
disability that may be mentally or physically disabled
in |
such a manner as to endanger patients under that person's
|
care.
|
(3) Professional liability insurers. Every insurance
|
company which offers policies of professional liability
|
insurance to persons licensed under this Act, or any other
|
|
entity which seeks to indemnify the professional liability
|
of a person licensed under this Act, shall report to the
|
Disciplinary Board the settlement of any claim or cause of
|
action, or final judgment rendered in any cause of action,
|
which alleged negligence in the furnishing of medical care
|
by such licensed person when such settlement or final
|
judgment is in favor of the plaintiff.
|
(4) State's Attorneys. The State's Attorney of each
|
county shall report to the Disciplinary Board, within 5 |
days, any instances
in which a person licensed under this |
Act is convicted of any felony or Class A misdemeanor. The |
State's Attorney
of each county may report to the |
Disciplinary Board through a verified
complaint any |
instance in which the State's Attorney believes that a |
physician
has willfully violated the notice requirements |
of the Parental Notice of
Abortion Act of 1995.
|
(5) State agencies. All agencies, boards,
commissions, |
departments, or other instrumentalities of the
government |
of the State of Illinois shall report to the
Disciplinary |
Board any instance arising in connection with
the |
operations of such agency, including the administration
of |
any law by such agency, in which a person licensed under
|
this Act has either committed an act or acts which may be a
|
violation of this Act or which may constitute |
unprofessional
conduct related directly to patient care or |
which indicates
that a person licensed under this Act may |
|
have a mental or physical disability that may be mentally |
or
physically disabled in such a manner as to endanger |
patients
under that person's care.
|
(B) Mandatory reporting. All reports required by items |
(34), (35), and
(36) of subsection (A) of Section 22 and by |
Section 23 shall be submitted to the Disciplinary Board in a |
timely
fashion. Unless otherwise provided in this Section, the |
reports shall be filed in writing within 60
days after a |
determination that a report is required under
this Act. All |
reports shall contain the following
information:
|
(1) The name, address and telephone number of the
|
person making the report.
|
(2) The name, address and telephone number of the
|
person who is the subject of the report.
|
(3) The name and date of birth of any
patient or |
patients whose treatment is a subject of the
report, if |
available, or other means of identification if such |
information is not available, identification of the |
hospital or other
healthcare facility where the care at |
issue in the report was rendered,
provided, however, no |
medical records may be
revealed.
|
(4) A brief description of the facts which gave rise
to |
the issuance of the report, including the dates of any
|
occurrences deemed to necessitate the filing of the report.
|
(5) If court action is involved, the identity of the
|
court in which the action is filed, along with the docket
|
|
number and date of filing of the action.
|
(6) Any further pertinent information which the
|
reporting party deems to be an aid in the evaluation of the
|
report.
|
The Disciplinary Board or Department may also exercise the |
power under Section
38 of this Act to subpoena copies of |
hospital or medical records in mandatory
report cases alleging |
death or permanent bodily injury. Appropriate
rules shall be |
adopted by the Department with the approval of the Disciplinary
|
Board.
|
When the Department has received written reports |
concerning incidents
required to be reported in items (34), |
(35), and (36) of subsection (A) of
Section 22, the licensee's |
failure to report the incident to the Department
under those |
items shall not be the sole grounds for disciplinary action.
|
Nothing contained in this Section shall act to in any
way, |
waive or modify the confidentiality of medical reports
and |
committee reports to the extent provided by law. Any
|
information reported or disclosed shall be kept for the
|
confidential use of the Disciplinary Board, the Medical
|
Coordinators, the Disciplinary Board's attorneys, the
medical |
investigative staff, and authorized clerical staff,
as |
provided in this Act, and shall be afforded the same
status as |
is provided information concerning medical studies
in Part 21 |
of Article VIII of the Code of Civil Procedure, except that the |
Department may disclose information and documents to a federal, |
|
State, or local law enforcement agency pursuant to a subpoena |
in an ongoing criminal investigation or to a health care |
licensing body or medical licensing authority of this State or |
another state or jurisdiction pursuant to an official request |
made by that licensing body or medical licensing authority. |
Furthermore, information and documents disclosed to a federal, |
State, or local law enforcement agency may be used by that |
agency only for the investigation and prosecution of a criminal |
offense, or, in the case of disclosure to a health care |
licensing body or medical licensing authority, only for |
investigations and disciplinary action proceedings with regard |
to a license. Information and documents disclosed to the |
Department of Public Health may be used by that Department only |
for investigation and disciplinary action regarding the |
license of a health care institution licensed by the Department |
of Public Health.
|
(C) Immunity from prosecution. Any individual or
|
organization acting in good faith, and not in a wilful and
|
wanton manner, in complying with this Act by providing any
|
report or other information to the Disciplinary Board or a peer |
review committee, or
assisting in the investigation or |
preparation of such
information, or by voluntarily reporting to |
the Disciplinary Board
or a peer review committee information |
regarding alleged errors or negligence by a person licensed |
under this Act, or by participating in proceedings of the
|
Disciplinary Board or a peer review committee, or by serving as |
|
a member of the
Disciplinary Board or a peer review committee, |
shall not, as a result of such actions,
be subject to criminal |
prosecution or civil damages.
|
(D) Indemnification. Members of the Disciplinary
Board, |
the Licensing Board, the Medical Coordinators, the |
Disciplinary Board's
attorneys, the medical investigative |
staff, physicians
retained under contract to assist and advise |
the medical
coordinators in the investigation, and authorized |
clerical
staff shall be indemnified by the State for any |
actions
occurring within the scope of services on the |
Disciplinary
Board or Licensing Board, done in good faith and |
not wilful and wanton in
nature. The Attorney General shall |
defend all such actions
unless he or she determines either that |
there would be a
conflict of interest in such representation or |
that the
actions complained of were not in good faith or were |
wilful
and wanton.
|
Should the Attorney General decline representation, the
|
member shall have the right to employ counsel of his or her
|
choice, whose fees shall be provided by the State, after
|
approval by the Attorney General, unless there is a
|
determination by a court that the member's actions were not
in |
good faith or were wilful and wanton.
|
The member must notify the Attorney General within 7
days |
of receipt of notice of the initiation of any action
involving |
services of the Disciplinary Board. Failure to so
notify the |
Attorney General shall constitute an absolute
waiver of the |
|
right to a defense and indemnification.
|
The Attorney General shall determine within 7 days
after |
receiving such notice, whether he or she will
undertake to |
represent the member.
|
(E) Deliberations of Disciplinary Board. Upon the
receipt |
of any report called for by this Act, other than
those reports |
of impaired persons licensed under this Act
required pursuant |
to the rules of the Disciplinary Board,
the Disciplinary Board |
shall notify in writing, by certified
mail, the person who is |
the subject of the report. Such
notification shall be made |
within 30 days of receipt by the
Disciplinary Board of the |
report.
|
The notification shall include a written notice setting
|
forth the person's right to examine the report. Included in
|
such notification shall be the address at which the file is
|
maintained, the name of the custodian of the reports, and
the |
telephone number at which the custodian may be reached.
The |
person who is the subject of the report shall submit a written |
statement responding,
clarifying, adding to, or proposing the |
amending of the
report previously filed. The person who is the |
subject of the report shall also submit with the written |
statement any medical records related to the report. The |
statement and accompanying medical records shall become a
|
permanent part of the file and must be received by the
|
Disciplinary Board no more than
30 days after the date on
which |
the person was notified by the Disciplinary Board of the |
|
existence of
the
original report.
|
The Disciplinary Board shall review all reports
received by |
it, together with any supporting information and
responding |
statements submitted by persons who are the
subject of reports. |
The review by the Disciplinary Board
shall be in a timely |
manner but in no event, shall the
Disciplinary Board's initial |
review of the material
contained in each disciplinary file be |
less than 61 days nor
more than 180 days after the receipt of |
the initial report
by the Disciplinary Board.
|
When the Disciplinary Board makes its initial review of
the |
materials contained within its disciplinary files, the
|
Disciplinary Board shall, in writing, make a determination
as |
to whether there are sufficient facts to warrant further
|
investigation or action. Failure to make such determination
|
within the time provided shall be deemed to be a
determination |
that there are not sufficient facts to warrant
further |
investigation or action.
|
Should the Disciplinary Board find that there are not
|
sufficient facts to warrant further investigation, or
action, |
the report shall be accepted for filing and the
matter shall be |
deemed closed and so reported to the Secretary. The Secretary
|
shall then have 30 days to accept the Disciplinary Board's |
decision or
request further investigation. The Secretary shall |
inform the Board
of the decision to request further |
investigation, including the specific
reasons for the |
decision. The
individual or entity filing the original report |
|
or complaint
and the person who is the subject of the report or |
complaint
shall be notified in writing by the Secretary of
any |
final action on their report or complaint. The Department shall |
disclose to the individual or entity who filed the original |
report or complaint, on request, the status of the Disciplinary |
Board's review of a specific report or complaint. Such request |
may be made at any time, including prior to the Disciplinary |
Board's determination as to whether there are sufficient facts |
to warrant further investigation or action.
|
(F) Summary reports. The Disciplinary Board shall
prepare, |
on a timely basis, but in no event less than once
every other |
month, a summary report of final disciplinary actions taken
|
upon disciplinary files maintained by the Disciplinary Board.
|
The summary reports shall be made available to the public upon |
request and payment of the fees set by the Department. This |
publication may be made available to the public on the |
Department's website. Information or documentation relating to |
any disciplinary file that is closed without disciplinary |
action taken shall not be disclosed and shall be afforded the |
same status as is provided by Part 21 of Article VIII of the |
Code of Civil Procedure.
|
(G) Any violation of this Section shall be a Class A
|
misdemeanor.
|
(H) If any such person violates the provisions of this
|
Section an action may be brought in the name of the People
of |
the State of Illinois, through the Attorney General of
the |
|
State of Illinois, for an order enjoining such violation
or for |
an order enforcing compliance with this Section.
Upon filing of |
a verified petition in such court, the court
may issue a |
temporary restraining order without notice or
bond and may |
preliminarily or permanently enjoin such
violation, and if it |
is established that such person has
violated or is violating |
the injunction, the court may
punish the offender for contempt |
of court. Proceedings
under this paragraph shall be in addition |
to, and not in
lieu of, all other remedies and penalties |
provided for by
this Section.
|
(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; |
98-601, eff. 12-30-13 .)
|
Section 590. The Nurse Practice Act is amended by changing |
Section 65-65 as follows:
|
(225 ILCS 65/65-65)
(was 225 ILCS 65/15-55)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 65-65. Reports relating to APN professional conduct |
and
capacity. |
(a) Entities Required to Report.
|
(1) Health Care Institutions. The chief
administrator |
or executive officer of a health care
institution licensed |
by the Department of Public
Health, which provides the |
minimum due process set forth
in Section 10.4 of the |
Hospital Licensing Act, shall
report to the Board when an |
|
advanced practice nurse's organized professional staff
|
clinical
privileges are terminated or are restricted based |
on a
final determination, in accordance with that
|
institution's bylaws or rules and regulations, that (i) a
|
person has either committed an act or acts that may
|
directly threaten patient care and that are not of an
|
administrative nature or (ii) that a person may have a |
mental or physical disability be mentally
or physically |
disabled in a manner that may endanger
patients under that |
person's care. The chief administrator or officer
shall |
also report if an advanced practice nurse accepts voluntary |
termination or
restriction of clinical privileges in lieu |
of formal
action based upon conduct related directly to |
patient
care and not of an administrative nature, or in |
lieu of
formal action seeking to determine whether a person |
may
have a mental or physical disability be mentally or |
physically disabled in a manner that may
endanger patients |
under that person's care. The
Board shall provide by rule |
for the reporting to it of
all instances in which a person |
licensed under this Article, who is impaired by reason of |
age, drug, or
alcohol abuse or physical or mental |
impairment, is under
supervision and, where appropriate, |
is in a program of
rehabilitation. Reports submitted under |
this subsection shall be strictly
confidential and may be |
reviewed and considered only by
the members of the Board or |
authorized staff as
provided by rule of the Board. |
|
Provisions shall be
made for the periodic report of the |
status of any such reported
person not less than twice |
annually in order that the
Board shall have current |
information upon which to
determine the status of that |
person. Initial
and periodic reports of impaired advanced |
practice
nurses shall not be considered records within
the |
meaning of the State Records Act and shall be
disposed of, |
following a determination by the
Board
that such reports |
are no longer required, in a manner and
at an appropriate |
time as the Board shall determine by rule.
The filing of |
reports submitted under this subsection shall be construed |
as the
filing of a report for purposes of subsection (c) of |
this
Section.
|
(2) Professional Associations. The President or
chief |
executive officer of an association or society of
persons |
licensed under this Article, operating within
this State, |
shall report to the Board when the
association or society |
renders a final determination that
a person licensed under |
this Article has committed unprofessional conduct
related
|
directly to patient care or that a person may have a mental |
or physical disability be mentally
or physically disabled |
in a manner that may endanger
patients under the person's |
care.
|
(3) Professional Liability Insurers. Every
insurance |
company that offers policies of professional
liability |
insurance to persons licensed under this
Article, or any |
|
other entity that seeks to indemnify the
professional |
liability of a person licensed under this
Article, shall |
report to the Board the settlement of
any claim or cause of |
action, or final judgment rendered
in any cause of action, |
that alleged negligence in the
furnishing of patient care |
by the licensee when
the settlement or final judgment is in |
favor of the
plaintiff.
|
(4) State's Attorneys. The State's Attorney of each
|
county shall report to the Board all instances in
which a |
person licensed under this Article is convicted
or |
otherwise found guilty of the commission of a
felony.
|
(5) State Agencies. All agencies, boards,
commissions, |
departments, or other instrumentalities of
the government |
of this State shall report to
the Board any instance |
arising in connection with
the operations of the agency, |
including the
administration of any law by the agency, in |
which a
person licensed under this Article has either |
committed
an act or acts that may constitute a violation of |
this Article,
that may constitute unprofessional conduct |
related
directly to patient care, or that indicates that a |
person
licensed under this Article may have a mental or |
physical disability be mentally or physically
disabled in a |
manner that may endanger patients under
that person's care.
|
(b) Mandatory Reporting. All reports required under items
|
(16) and (17) of subsection (a) of Section 70-5 shall
be |
submitted to
the
Board in a timely fashion. The reports shall |
|
be filed in writing
within
60 days after a determination that a |
report is required
under this Article. All reports shall |
contain the following
information:
|
(1) The name, address, and telephone number of the
|
person making the report.
|
(2) The name, address, and telephone number of the
|
person who is the subject of the report.
|
(3) The name or other means of identification of any
|
patient or patients whose treatment is a subject of the
|
report, except that no medical records may be
revealed |
without the written consent of the patient or
patients.
|
(4) A brief description of the facts that gave rise
to |
the issuance of the report, including but not limited to |
the dates of any
occurrences deemed to necessitate the |
filing of the
report.
|
(5) If court action is involved, the identity of the
|
court in which the action is filed, the docket
number, and |
date of filing of the action.
|
(6) Any further pertinent information that the
|
reporting party deems to be an aid in the evaluation of
the |
report.
|
Nothing contained in this Section shall be construed
to in |
any way waive or modify the confidentiality of
medical reports |
and committee reports to the extent
provided by law. Any |
information reported or disclosed
shall be kept for the |
confidential use of the Board,
the Board's attorneys, the |
|
investigative staff, and
authorized clerical staff and shall be |
afforded the
same status as is provided information concerning |
medical
studies in Part 21 of Article VIII of the Code of Civil
|
Procedure.
|
(c) Immunity from Prosecution. An individual or
|
organization acting in good faith, and not in a wilful and
|
wanton manner, in complying with this Section by providing
a |
report or other information to the Board, by
assisting in the |
investigation or preparation of a report or
information, by |
participating in proceedings of the
Board, or by serving as a |
member of the Board shall not, as
a result of such actions, be |
subject to criminal prosecution
or civil damages.
|
(d) Indemnification. Members of the Board, the
Board's |
attorneys, the investigative staff, advanced
practice nurses |
or physicians retained under
contract to assist and advise in |
the investigation, and
authorized clerical staff shall be |
indemnified by the State
for any actions (i) occurring within |
the scope of services on the
Board, (ii) performed in good |
faith, and (iii) not wilful and wanton in
nature. The Attorney |
General shall defend all actions taken against those
persons
|
unless he or she determines either that there would be a
|
conflict of interest in the representation or that the
actions |
complained of were not performed in good faith or were wilful
|
and wanton in nature. If the Attorney General declines
|
representation, the member shall have the right to employ
|
counsel of his or her choice, whose fees shall be provided by
|
|
the State, after approval by the Attorney General, unless
there |
is a determination by a court that the member's actions
were |
not performed in good faith or were wilful and wanton in |
nature. The
member
shall notify the Attorney General within 7 |
days of receipt of
notice of the initiation of an action |
involving services of
the Board. Failure to so notify the |
Attorney General
shall constitute an absolute waiver of the |
right to a defense
and indemnification. The Attorney General |
shall determine
within 7 days after receiving the notice |
whether he or she
will undertake to represent the member.
|
(e) Deliberations of Board. Upon the receipt of a
report |
called for by this Section, other than those reports
of |
impaired persons licensed under this Article
required
pursuant |
to the rules of the Board, the Board shall
notify in writing by |
certified mail the person who is the
subject of the report. The |
notification shall be made
within 30 days of receipt by the |
Board of the report.
The notification shall include a written |
notice setting forth
the person's right to examine the report. |
Included in the
notification shall be the address at which the |
file is
maintained, the name of the custodian of the reports, |
and the
telephone number at which the custodian may be reached. |
The
person who is the subject of the report shall submit a
|
written statement responding to, clarifying, adding to, or
|
proposing to amend the report previously filed. The
statement |
shall become a permanent part of the file and shall
be received |
by the Board no more than 30 days after the
date on which the |
|
person was notified of the existence of the
original report. |
The
Board shall review all reports
received by it and any |
supporting information and
responding statements submitted by |
persons who are the
subject of reports. The review by the
Board |
shall be in
a timely manner but in no event shall the
Board's
|
initial review of the material contained in each disciplinary
|
file be less than 61 days nor more than 180 days after the
|
receipt of the initial report by the Board. When the
Board |
makes its initial review of the materials
contained within its |
disciplinary files, the Board
shall, in writing, make a |
determination as to whether there
are sufficient facts to |
warrant further investigation or
action. Failure to make that |
determination within the time
provided shall be deemed to be a |
determination that there are
not sufficient facts to warrant |
further investigation or
action. Should the Board find that |
there are not
sufficient facts to warrant further investigation |
or action,
the report shall be accepted for filing and the |
matter shall
be deemed closed and so reported. The individual |
or entity
filing the original report or complaint and the |
person who is
the subject of the report or complaint shall be |
notified in
writing by the
Board of any final action on their |
report
or complaint.
|
(f) Summary Reports. The Board shall prepare, on a
timely |
basis, but in no event less than one every other
month, a |
summary report of final actions taken upon
disciplinary files |
maintained by the Board. The summary
reports shall be made |
|
available to the public upon request and payment of the fees |
set by the Department. This publication may be made available |
to the public on the Department's Internet website.
|
(g) Any violation of this Section shall constitute a Class |
A
misdemeanor.
|
(h) If a person violates the provisions of this
Section, an |
action may be brought in the name of the People of
the State of |
Illinois, through the Attorney General of the
State of |
Illinois, for an order enjoining the violation or
for an order |
enforcing compliance with this Section. Upon
filing of a |
verified petition in court, the court may
issue a temporary |
restraining order without notice or bond
and may preliminarily |
or permanently enjoin the violation,
and if it is established |
that the person has violated or is
violating the injunction, |
the court may punish the offender
for contempt of court. |
Proceedings under this subsection
shall be in addition to, and |
not in lieu of, all other
remedies and penalties provided for |
by this Section.
|
(Source: P.A. 95-639, eff. 10-5-07.)
|
Section 595. The Nursing Home Administrators Licensing and |
Disciplinary Act is amended by changing Section 17.1 as |
follows:
|
(225 ILCS 70/17.1) |
(Section scheduled to be repealed on January 1, 2018) |
|
Sec. 17.1. Reports of violations of Act or other conduct. |
(a) The owner or licensee of a long term care facility |
licensed under the Nursing Home Care Act who employs or |
contracts with a licensee under this Act shall report to the |
Department any instance of which he or she has knowledge |
arising in connection with operations of the health care |
institution, including the administration of any law by the |
institution, in which a licensee under this Act has either |
committed an act or acts which may constitute a violation of |
this Act or unprofessional conduct related directly to patient |
care, or which may indicate that the licensee may have a mental |
or physical disability that may be mentally or physically |
disabled in such a manner as to endanger patients under that |
licensee's care. Additionally, every nursing home shall report |
to the Department any instance when a licensee is terminated |
for cause which would constitute a violation of this Act. The |
Department may take disciplinary or non-disciplinary action if |
the termination is based upon unprofessional conduct related to |
planning, organizing, directing, or supervising the operation |
of a nursing home as defined by this Act or other conduct by |
the licensee that would be a violation of this Act or rules. |
For the purposes of this subsection, "owner" does not mean |
the owner of the real estate or physical plant who does not |
hold management or operational control of the licensed long |
term care facility. |
(b) Any insurance company that offers policies of |
|
professional liability insurance to licensees, or any other |
entity that seeks to indemnify the professional liability of a |
licensee, shall report the settlement of any claim or adverse |
final judgment rendered in any action that alleged negligence |
in planning, organizing, directing, or supervising the |
operation of a nursing home by the licensee. |
(c) The State's Attorney of each county shall report to the |
Department each instance in which a licensee is convicted of or |
enters a plea of guilty or nolo contendere to any crime that is |
a felony, or of which an essential element is dishonesty, or |
that is directly related to the practice of the profession of |
nursing home administration. |
(d) Any agency, board, commission, department, or other |
instrumentality of the government of the State of Illinois |
shall report to the Department any instance arising in |
connection with the operations of the agency, including the |
administration of any law by the agency, in which a licensee |
under this Act has either committed an act or acts which may |
constitute a violation of this Act or unprofessional conduct |
related directly to planning, organizing, directing or |
supervising the operation of a nursing home, or which may |
indicate that a licensee may have a mental or physical |
disability that may be mentally or physically disabled in such |
a manner as to endanger others. |
(e) All reports required by items (19), (20), and (21) of |
subsection (a) of Section 17 and by this Section 17.1 shall be |
|
submitted to the Department in a timely fashion. The reports |
shall be filed in writing within 60 days after a determination |
that a report is required under this Section. All reports shall |
contain the following information: |
(1) The name, address, and telephone number of the |
person making the report. |
(2) The name, address, and telephone number of the |
person who is the subject of the report. |
(3) The name and date of birth of any person or persons |
whose treatment is a subject of the report, or other means |
of identification if that information is not available, and |
identification of the nursing home facility where the care |
at issue in the report was rendered. |
(4) A brief description of the facts which gave rise to |
the issuance of the report, including the dates of any |
occurrences deemed to necessitate the filing of the report. |
(5) If court action is involved, the identity of the |
court in which the action is filed, along with the docket |
number and the date the action was filed. |
(6) Any further pertinent information that the |
reporting party deems to be an aid in evaluating the |
report. |
If the Department receives a written report concerning an |
incident required to be reported under item (19), (20), or (21) |
of subsection (a) of Section 17, then the licensee's failure to |
report the incident to the Department within 60 days may not be |
|
the sole ground for any disciplinary action against the |
licensee. |
(f) Any individual or organization acting in good faith, |
and not in a wilful and wanton manner, in complying with this |
Section by providing any report or other information to the |
Department, by assisting in the investigation or preparation of |
such information, by voluntarily reporting to the Department |
information regarding alleged errors or negligence by a |
licensee, or by participating in proceedings of the Department, |
shall not, as a result of such actions, be subject to criminal |
prosecution or civil damages. |
(g) Upon the receipt of any report required by this |
Section, the Department shall notify in writing, by certified |
mail, the person who is the subject of the report. The |
notification shall be made within 30 days after the |
Department's receipt of the report. |
The notification shall include a written notice setting |
forth the person's right to examine the report.
The |
notification shall also include the address at which the file |
is maintained, the name of the custodian of the file, and the |
telephone number at which the custodian may be reached. The |
person who is the subject of the report shall submit a written |
statement responding, clarifying, adding to, or proposing the |
amending of the report previously filed. The statement shall |
become a permanent part of the file and must be received by the |
Department no more than 30 days after the date on which the |
|
person was notified by the Department of the existence of the |
original report. |
The Department shall review a report received by it, |
together with any supporting information and responding |
statements submitted by the person who is the subject of the |
report. The review by the Department shall be in a timely |
manner, but in no event shall the Department's initial review |
of the material contained in each disciplinary file last less |
than 61 days nor more than 180 days after the receipt of the |
initial report by the Department. |
When the Department makes its initial review of the |
materials contained within its disciplinary files, the |
Department shall, in writing, make a determination as to |
whether there are sufficient facts to warrant further |
investigation or action. Failure to make such a determination |
within the time provided shall be deemed to be a determination |
that there are not sufficient facts to warrant further |
investigation or action. The Department shall notify the person |
who is the subject of the report of any final action on the |
report. |
(h) A violation of this Section is a Class A misdemeanor. |
(i) If any person or entity violates this Section, then an |
action may be brought in the name of the People of the State of |
Illinois, through the Attorney General of the State of |
Illinois, for an order enjoining the violation or for an order |
enforcing compliance with this Section. Upon filing of a |
|
verified petition in the court, the court may issue a temporary |
restraining order without notice or bond and may preliminarily |
or permanently enjoin the violation. If it is established that |
the person or entity has violated or is violating the |
injunction, the court may punish the offender for contempt of |
court. Proceedings under this subsection (i) shall be in |
addition to, and not in lieu of, all other remedies and |
penalties provided for by this Section.
|
(Source: P.A. 96-1372, eff. 7-29-10.)
|
Section 600. The Podiatric Medical Practice Act of 1987 is |
amended by changing Section 26 as follows:
|
(225 ILCS 100/26) (from Ch. 111, par. 4826)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 26. Reports relating to professional conduct and |
capacity.
|
(A) The Board shall
by rule provide for the reporting to it |
of all instances in which a
podiatric physician licensed under |
this Act who is impaired by reason of
age, drug or alcohol |
abuse or physical or mental impairment, is under
supervision |
and, where appropriate, is in a program of rehabilitation.
|
Reports shall be strictly confidential and may be reviewed and
|
considered only by the members of the Board, or by authorized |
staff of the
Department as provided by the rules of the Board. |
Provisions shall be made
for the periodic report of the status |
|
of any such podiatric physician not
less than twice annually in |
order that the Board shall have current
information upon which |
to determine the status of any such podiatric
physician. Such |
initial and periodic reports of impaired physicians shall
not |
be considered records within the meaning of the State Records |
Act and
shall be disposed of, following a determination by the |
Board that such
reports are no longer required, in a manner and |
at such time as the Board
shall determine by rule. The filing |
of such reports shall be construed as
the filing of a report |
for the purposes of subsection (C) of this
Section.
Failure to |
file a report under this Section shall be a Class A |
misdemeanor.
|
(A-5) The following persons and entities shall report to |
the Department or the Board in the instances and under the |
conditions set forth in this subsection (A-5):
|
(1) Any administrator or officer of
any
hospital, |
nursing home or other health care agency or facility who |
has
knowledge of any action or condition which reasonably |
indicates to him or
her
that a licensed podiatric physician |
practicing in such hospital, nursing
home or other health |
care agency or facility is habitually intoxicated or
|
addicted to the use of habit forming drugs, or is otherwise |
impaired, to
the extent that such intoxication, addiction, |
or impairment
adversely
affects
such podiatric physician's |
professional performance, or has knowledge that
reasonably |
indicates to him or her that any podiatric physician |
|
unlawfully
possesses, uses, distributes or converts |
habit-forming drugs belonging to
the hospital, nursing |
home or other health care agency or facility for such
|
podiatric physician's own use or benefit, shall promptly |
file a written
report thereof to the Department. The report |
shall include the name of the
podiatric physician, the name |
of the patient or patients involved, if any,
a brief |
summary of the action, condition or occurrence that has
|
necessitated the report, and any other information as the |
Department may
deem necessary. The Department shall |
provide forms on which such
reports shall be filed.
|
(2) The president or chief
executive
officer
of any |
association or society of podiatric physicians licensed |
under this
Act, operating within this State shall report to |
the Board when the
association or society renders a final |
determination relating to the
professional competence or |
conduct of the podiatric physician.
|
(3) Every insurance company that
offers policies of |
professional liability insurance to persons licensed
under |
this Act, or any other entity that seeks to indemnify the
|
professional liability of a podiatric physician licensed |
under this Act,
shall report to the Board the settlement of |
any claim or cause of action,
or final judgment rendered in |
any cause of action that alleged negligence
in the |
furnishing of medical care by such licensed person when |
such
settlement or final judgement is in favor of the |
|
plaintiff.
|
(4) The State's Attorney of each county shall report
to |
the Board all instances in which a person licensed under |
this Act is
convicted or otherwise found guilty of the |
commission of any felony.
|
(5) All agencies, boards, commissions, departments, or |
other
instrumentalities of the government of the State of |
Illinois shall report
to the Board any instance arising in |
connection with the operations of such
agency, including |
the administration of any law by such agency, in which a
|
podiatric physician licensed under this Act has either |
committed an act or
acts that may be a violation of this |
Act or that may constitute unprofessional
conduct related |
directly to patient care or that indicates that a podiatric
|
physician licensed under this Act may have a mental or |
physical disability that may be mentally or physically |
disabled in
such a manner as to endanger patients under |
that physician's care.
|
(B) All reports required by this Act shall
be
submitted to |
the Board in a timely fashion. The reports shall be filed in
|
writing within 60 days after a determination that a report is |
required
under this Act. All reports shall contain the |
following information:
|
(1) The name, address and telephone number of the |
person making the
report.
|
(2) The name, address and telephone number of the |
|
podiatric physician
who is the subject of the report.
|
(3) The name or other means of identification of any |
patient or patients
whose treatment is a subject of the |
report, provided, however, no medical
records may be |
revealed without the written consent of the patient or |
patients.
|
(4) A brief description of the facts that gave rise to |
the issuance of
the report, including the dates of any |
occurrences deemed to necessitate
the filing of the report.
|
(5) If court action is involved, the identity of the |
court in which the
action is filed, along with the docket |
number and date of filing of the action.
|
(6) Any further pertinent information that the |
reporting
party deems to be an aid in the evaluation of the |
report.
|
Nothing contained in this Section shall waive or modify the
|
confidentiality of medical reports and committee reports to the |
extent
provided by law. Any information reported or disclosed |
shall be kept for
the confidential use of the Board, the |
Board's attorneys, the investigative
staff and other |
authorized Department staff, as provided in this Act, and
shall |
be afforded the same status as is provided information |
concerning
medical studies in Part 21 of Article VIII of the |
Code of Civil Procedure.
|
(C) Any individual or organization acting in
good faith, |
and not in a willful and wanton manner, in complying with this
|
|
Act by providing any report or other information to the Board, |
or assisting
in the investigation or preparation of such |
information, or by
participating in proceedings of the Board, |
or by serving as a member of the
Board, shall not, as a result |
of such actions, be subject to criminal
prosecution or civil |
damages.
|
(D) Members of the Board, the Board's attorneys, the
|
investigative staff, other podiatric physicians retained under |
contract to
assist and advise in the investigation, and other |
authorized Department
staff shall be indemnified by the State |
for any actions occurring within the
scope of services on the |
Board, done in good faith and not willful and
wanton in nature. |
The Attorney General shall defend all such actions unless
he or |
she determines either that he or she would have a conflict of
|
interest in such representation or that the actions complained |
of were not in
good faith or were willful and wanton.
|
Should the Attorney General decline representation, the |
member shall have
the right to employ counsel of his or her |
choice, whose fees shall be provided
by the State, after |
approval by the Attorney General, unless there is a
|
determination by a court that the member's actions were not in |
good faith or
were wilful and wanton. The member must notify |
the Attorney General within 7
days of receipt of notice of the |
initiation of any action involving services
of the Board. |
Failure to so notify the Attorney General shall constitute an
|
absolute waiver of the right to a defense and indemnification. |
|
The Attorney
General shall determine within 7 days after |
receiving such notice, whether he
or she will undertake to |
represent the member.
|
(E) Upon the receipt of any report called for
by this Act, |
other than those reports of impaired persons licensed under
|
this Act required pursuant to the rules of the Board, the Board |
shall
notify in writing, by certified mail, the podiatric |
physician who is the
subject of the report. Such notification |
shall be made within 30 days of
receipt by the Board of the |
report.
|
The notification shall include a written notice setting |
forth the podiatric
physician's right to examine the report. |
Included in such notification
shall be the address at which the |
file is maintained, the name of the
custodian of the reports, |
and the telephone number at which the custodian
may be reached. |
The podiatric physician who is the subject of the report
shall |
be permitted to submit a written statement responding, |
clarifying,
adding to, or proposing the amending of the report |
previously filed. The
statement shall become a permanent part |
of the file and must be received by
the Board no more than 30 |
days after the date on which the podiatric
physician was |
notified of the existence of the original report.
|
The Board shall review all reports received by it, together |
with any
supporting information and responding statements |
submitted by persons who
are the subject of reports. The review |
by the Board shall be in a timely
manner but in no event shall |
|
the Board's initial review of the material
contained in each |
disciplinary file be less than 61 days nor more than 180
days |
after the receipt of the initial report by the Board.
|
When the Board makes its initial review of the materials |
contained within
its disciplinary files the Board shall, in |
writing, make a determination as
to whether there are |
sufficient facts to warrant further investigation or
action. |
Failure to make such determination within the time provided |
shall
be deemed to be a determination that there are not |
sufficient facts to
warrant further investigation or action.
|
Should the Board find that there are not sufficient facts |
to warrant
further investigation, or action, the report shall |
be accepted for filing
and the matter shall be deemed closed |
and so reported.
|
The individual or entity filing the original report or |
complaint and the
podiatric physician who is the subject of the |
report or complaint shall be
notified in writing by the Board |
of any final action on their report or
complaint.
|
(F) The Board shall prepare on a timely basis, but in
no |
event less than once every other month, a summary report of |
final
disciplinary actions taken upon disciplinary files |
maintained by the Board. The summary
reports shall be made |
available on the Department's web site.
|
(G) Any violation of this Section shall be a Class A |
misdemeanor.
|
(H) If any such podiatric physician violates
the provisions |
|
of this Section, an action may be brought in the name of the
|
People of the State of Illinois, through the Attorney General |
of the State
of Illinois, for an order enjoining such violation |
or for an order
enforcing compliance with this Section. Upon |
filing of a verified petition
in such court, the court may |
issue a temporary restraining order without
notice or bond and |
may preliminarily or permanently enjoin such violation,
and if |
it is established that such podiatric physician has violated or |
is
violating the injunction, the Court may punish the offender |
for contempt of
court. Proceedings under this paragraph shall |
be in addition to, and not
in lieu of, all other remedies and |
penalties provided for by this Section.
|
(Source: P.A. 95-235, eff. 8-17-07.)
|
Section 605. The Illinois Explosives Act is amended by |
changing Section 2005 as follows:
|
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
|
Sec. 2005. Qualifications for licensure. |
(a) No person shall qualify to hold a license who: |
(1) is under 21 years of age; |
(2) has been convicted in any court of a crime |
punishable by imprisonment for a term exceeding one year; |
(3) is under indictment for a crime punishable by |
imprisonment for a term exceeding one year; |
(4) is a fugitive from justice; |
|
(5) is an unlawful user of or addicted to any |
controlled substance as defined in Section 102 of the |
federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
seq.); |
(6) has been adjudicated a person with a mental |
disability mentally disabled person as defined in Section |
1.1 of the Firearm Owners Identification Card Act; or |
(7) is not a legal citizen of the United States. |
(b) A person who has been granted a "relief from |
disabilities" regarding criminal convictions and indictments, |
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
845) may receive a license provided all other qualifications |
under this Act are met.
|
(Source: P.A. 98-63, eff. 7-9-13.)
|
Section 610. The Barber, Cosmetology, Esthetics, Hair |
Braiding, and Nail
Technology Act of 1985 is amended by |
changing Section 3B-15 as follows:
|
(225 ILCS 410/3B-15)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 3B-15. Grounds for disciplinary action. In addition to |
any
other cause herein set forth the Department may refuse to |
issue or renew and
may suspend, place on probation, or revoke |
any license to operate a school, or
take any other disciplinary |
or non-disciplinary action that the Department may deem proper, |
|
including the
imposition of fines not to exceed $5,000 for each |
violation, for any
one or any combination of the following |
causes:
|
(1) Repeated violation of any provision of this Act or |
any standard or rule
established under this Act.
|
(2) Knowingly furnishing false, misleading, or |
incomplete information to the
Department or failure to |
furnish information requested by the Department.
|
(3) Violation of any commitment made in an application |
for a license,
including failure to maintain standards that |
are the same as, or substantially
equivalent to, those |
represented in the school's applications
and
advertising.
|
(4) Presenting to prospective students information |
relating to the school,
or to employment opportunities or |
opportunities for enrollment in institutions
of higher |
learning after entering into or completing courses offered |
by the
school, that is false, misleading, or
fraudulent.
|
(5) Failure to provide premises or equipment or to |
maintain them in a safe
and sanitary condition as required |
by law.
|
(6) Failure to maintain financial resources adequate |
for the satisfactory
conduct of the courses of instruction |
offered or to retain a sufficient and
qualified |
instructional and administrative staff.
|
(7) Refusal to admit applicants on account of race, |
color, creed, sex,
physical or mental disability handicap |
|
unrelated to ability, religion, or national
origin.
|
(8) Paying a commission or valuable consideration to |
any person for acts or
services performed in violation of |
this Act.
|
(9) Attempting to confer a fraudulent degree, diploma, |
or certificate upon a
student.
|
(10) Failure to correct any deficiency or act of |
noncompliance under this
Act or the standards and rules |
established under this Act within reasonable
time limits |
set by the Department.
|
(11)
Conduct of business or instructional services |
other than at locations
approved by the Department.
|
(12) Failure to make all of the disclosures or making |
inaccurate disclosures
to the Department or in the |
enrollment agreement as required under this Act.
|
(13) Failure to make appropriate refunds as required by |
this Act.
|
(14) Denial, loss, or withdrawal of accreditation by |
any
accrediting agency.
|
(15) During any
calendar year, having a failure rate of |
25% or greater for
those of its students who for the first |
time take the
examination authorized by
the Department to |
determine fitness to receive a license as a barber, barber |
teacher, cosmetologist,
cosmetology teacher, esthetician, |
esthetician
teacher, hair braider, hair braiding teacher, |
nail technician, or nail
technology teacher, provided that |
|
a
student who transfers into the school having completed |
50% or more of the required program and who
takes the |
examination during that calendar year shall not be counted |
for
purposes of determining the school's failure rate on an
|
examination, without
regard to whether that transfer |
student passes or fails the examination.
|
(16) Failure to maintain a written record indicating |
the funds
received per student and funds paid out per |
student. Such records shall be
maintained for a minimum of |
7 years and shall be made available to the
Department upon |
request. Such records shall identify the funding source and
|
amount for any student who has enrolled as well as any |
other item set forth by
rule.
|
(17) Failure to maintain a copy of the student record |
as defined by rule.
|
(Source: P.A. 98-911, eff. 1-1-15 .)
|
Section 615. The Real Estate License Act of 2000 is amended |
by changing Section 25-40 as follows:
|
(225 ILCS 454/25-40)
|
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 25-40. Exclusive State powers and functions; |
municipal powers. It is declared to be the public policy of |
this State, pursuant to paragraphs
(h) and (i) of Section 6 of
|
Article VII of the Illinois Constitution of 1970, that any |
|
power or function
set forth in this Act to be
exercised by the |
State is an exclusive State power or function. Such power or
|
function shall not be
exercised concurrently, either directly |
or indirectly, by any unit of local
government, including
home |
rule units, except as otherwise provided in this Act.
Nothing |
in this Section shall be construed to affect or impair the |
validity of
Section 11-11.1-1 of the
Illinois Municipal Code, |
as amended, or to deny to the corporate authorities of
any |
municipality the
powers granted in the Illinois Municipal Code |
to enact ordinances prescribing
fair housing
practices; |
defining unfair
housing practices; establishing Fair Housing |
or Human Relations Commissions and
standards for
the operation |
of these commissions in the administration and enforcement of
|
such
ordinances;
prohibiting discrimination based on race, |
color, creed, ancestry, national
origin or physical or
mental |
disability handicap in the listing, sale, assignment, |
exchange, transfer, lease,
rental, or financing of real
|
property for the purpose of the residential occupancy thereof; |
and prescribing
penalties for
violations of such ordinances.
|
(Source: P.A. 91-245, eff. 12-31-99 .)
|
Section 620. The Solicitation for Charity Act is amended by |
changing Sections 1 and 11 as follows:
|
(225 ILCS 460/1) (from Ch. 23, par. 5101)
|
Sec. 1. The following words and phrases as used in this Act |
|
shall have the
following meanings unless a different meaning is |
required by the context.
|
(a) "Charitable organization" means any benevolent, |
philanthropic, patriotic,
or eleemosynary person or one |
purporting to be such which solicits and
collects funds for |
charitable purposes and includes each local, county, or
area |
division within this State of such charitable organization, |
provided
such local, county or area division has authority and |
discretion to
disburse funds or property otherwise than by |
transfer to any parent
organization.
|
(b) "Contribution" means the promise or grant of any money |
or property of any
kind or value, including the promise to pay, |
except payments by union
members of an organization. Reference |
to the dollar amount of
"contributions" in this Act means in |
the case of promises to pay, or
payments for merchandise or |
rights of any other description, the value of
the total amount |
promised to be paid or paid for such merchandise or rights
and |
not merely that portion of the purchase price to be applied to |
a
charitable purpose. Contribution shall not include the |
proceeds from the
sale of admission tickets by any |
not-for-profit music or dramatic arts
organization which |
establishes, by such proof as the Attorney General may
require, |
that it has received an exemption under Section 501(c)(3) of |
the
Internal Revenue Code and which is organized and operated |
for the
presentation of live public performances of musical or |
theatrical works on
a regular basis. For purposes of this |
|
subsection, union member dues and
donated services shall not be |
deemed contributions.
|
(c) "Person" means any individual, organization, group, |
association,
partnership, corporation, trust or any |
combination of them.
|
(d) "Professional fund raiser" means any person who for |
compensation or other
consideration, conducts, manages, or |
carries on any solicitation or fund raising drive or
campaign |
in this State or from this State or on behalf of a charitable
|
organization residing within this State for the purpose of |
soliciting, receiving, or collecting
contributions for or on |
behalf of any charitable organization or any other
person, or |
who engages in the business of, or holds himself out to persons
|
in this State as independently engaged in the business of |
soliciting, receiving, or collecting
contributions for such |
purposes. A bona fide director, officer, employee or
unpaid |
volunteer of a charitable organization shall not be deemed a
|
professional fund raiser unless the person is in a management |
position and
the majority of the individual's salary or other |
compensation is computed
on a percentage basis of funds to be |
raised, or actually raised.
|
(e) "Professional fund raising consultant" means any
|
person who is retained
by a charitable organization or trustee |
for a fixed fee or rate that is not
computed on a percentage of |
funds to be raised, or actually raised, under a
written |
agreement, to only plan, advise, consult, or prepare materials |
|
for a
solicitation of contributions in this State, but who does |
not manage,
conduct or carry on a fundraising campaign and who |
does not solicit
contributions or employ, procure, or engage |
any compensated person to
solicit contributions and who does |
not at any time have custody or control
of contributions. A |
volunteer, employee or salaried officer of a
charitable |
organization or trustee maintaining a permanent establishment |
or
office in this State is not a professional fundraising |
consultant. An
attorney, investment counselor, or banker who |
advises an individual,
corporation or association to make a |
charitable contribution is not a
professional fundraising |
consultant as a result of the advice.
|
(f) "Charitable purpose" means any charitable, benevolent, |
philanthropic,
patriotic, or eleemosynary purpose.
|
(g) "Charitable Trust" means any relationship whereby |
property is held
by a person for a charitable purpose.
|
(h) "Education Program Service" means any activity which |
provides
information to the public of a nature that is not |
commonly known or facts
which are not universally regarded as |
obvious or as established by common
understanding and which |
informs the public of what it can or should do
about a |
particular issue.
|
(i) "Primary Program Service" means the program service |
upon which an
organization spends more than 50% of its program |
service funds or the
program activity which represents the |
largest expenditure of funds in
the fiscal period.
|
|
(j) "Professional solicitor" means any natural person who |
is employed or
retained for compensation by a professional fund |
raiser to solicit, receive, or collect
contributions for |
charitable purposes from persons in this State or from
this |
State or on behalf of a charitable organization residing within
|
this State.
|
(k) "Program Service Activity" means the actual charitable |
program
activities of a charitable organization for which it |
expends its resources.
|
(l) "Program Service Expense" means the expenses of |
charitable program
activity and not management expenses or fund |
raising expenses. In
determining Program Service Expense, |
management and fund raising expenses
may not be included.
|
(m) "Public Safety Personnel Organization" means any |
person who uses any
of the words "officer", "police", |
"policeman", "policemen", "troopers",
"sheriff", "law |
enforcement", "fireman", "firemen", "paramedic", or
similar |
words in
its name or in conjunction with solicitations, or in |
the title or name of a magazine, newspaper, periodical, |
advertisement book, or any other medium of electronic or print |
publication, and is not
a governmental entity.
No organization |
may be a Public Safety Personnel Organization unless 80% or
|
more of its voting members or trustees are active or , retired |
police officers, police officers with disabilities , or |
disabled
police officers , peace officers,
firemen, fire |
fighters, emergency medical technicians - ambulance,
emergency |
|
medical technicians - intermediate, emergency medical |
technicians -
paramedic, ambulance drivers, or other medical |
assistance or first aid
personnel.
|
(m-5) "Public Safety Personnel" includes police officers, |
peace officers,
firemen, fire fighters, emergency medical |
technicians - ambulance,
emergency medical technicians - |
intermediate, emergency medical technicians -
paramedic, |
ambulance drivers, and other medical assistance or first aid
|
personnel.
|
(n) "Trustee" means any person, individual, group of |
individuals,
association, corporation, not for profit |
corporation, or other legal entity
holding property for or |
solicited for any charitable purpose; or any
officer, director, |
executive director or other controlling persons of a
|
corporation soliciting or holding property for a charitable |
purpose.
|
(Source: P.A. 94-749, eff. 1-1-07.)
|
(225 ILCS 460/11) (from Ch. 23, par. 5111)
|
Sec. 11.
(a) No person shall for the purpose of soliciting |
contributions
from persons in this State, use the name of any |
other person, except that
of an officer, director or trustee of |
the charitable organization by or for
which contributions are |
solicited, without the written consent of such
other persons.
|
(b) A person shall be deemed to have used the name of |
another person for
the purpose of soliciting contributions if |
|
such latter person's name is
listed on any stationery, |
advertisement, brochure or correspondence in or
by which a |
contribution is solicited by or on behalf of a charitable
|
organization or his name is listed or referred to in connection |
with a
request for a contribution as one who has contributed |
to, sponsored or
endorsed the charitable organization or its |
activities.
|
(c) Nothing contained in this Section shall prevent the |
publication of
names of contributors without their written |
consents, in an annual or other
periodic report issued by a |
charitable organization for the purpose of
reporting on its |
operations and affairs to its membership or for the
purpose of |
reporting contributions to contributors.
|
(d) No charitable organization or professional fund raiser |
soliciting
contributions shall use a name, symbol, or statement |
so closely related or
similar to that used by another |
charitable organization or governmental
agency that the use |
thereof would tend to confuse or mislead the public.
|
(d-1) No Public Safety Personnel Organization may by words |
in its name or
in
its
solicitations claim to be representing, |
acting on behalf of, assisting, or
affiliated with the public
|
safety personnel of a particular municipal, regional, or other |
geographical
area, unless: (1) 80% or
more of the |
organization's voting members and trustees are persons who are
|
actively employed or
retired or disabled
from employment within |
the particular municipal, regional, or other
geographical area |
|
stated in
the name or solicitation; (2) all of these members |
are vested with the right to
vote in the election
of the |
managing or controlling officers of the organization either |
directly or
through delegates; and (3) the
organization |
includes in
any solicitation the actual number of active or , |
retired police officers, or police officers with disabilities , |
or disabled police
officers , peace officers,
firemen, fire |
fighters, emergency medical technicians - ambulance, emergency
|
medical
technicians - intermediate, emergency medical |
technicians - paramedic,
ambulance drivers, or
other medical |
assistance or first aid personnel who are members of the
|
organization who are
actively employed, retired, or disabled |
from employment within the particular
municipal,
regional, or |
other geographical area referenced in the solicitation.
|
(d-2) No person or organization may have a name or use a |
name using the
words "officer",
"police", "policeman", |
"policemen", "trooper", "sheriff", "law enforcement
officer", |
"deputy",
"chief of police", or similar words therein unless |
80% or more of its trustees
and voting members
are active or , |
retired law enforcement personnel or law enforcement personnel |
with disabilities , or disabled law enforcement personnel .
|
(d-3) No person or organization may have a name or use a |
name using the
words
"fireman", "firemen", "fire fighter", |
"fire chief", "paramedic", or similar
words therein unless
80% |
or more of its trustees and voting members are active or , |
retired fire fighters or fire fighters with disabilities or |
|
disabled
fire fighters ,
firemen, emergency medical technicians - |
ambulance, emergency medical
technicians -
intermediate, |
emergency medical technicians - paramedic, ambulance drivers, |
or
other medical
assistance or first aid personnel.
|
(d-4) No person by words in a Public Safety Personnel |
Organization name or
in
solicitations made therefor shall state |
he or she or his or her organization
is assisting or
affiliated |
with a local, municipal, regional, or other governmental body |
or
geographical area
unless 80% of its trustees and voting |
members are active or , retired police officers or police |
officers with disabilities , or disabled
police officers , law
|
enforcement officials, firemen, fire fighters, emergency |
medical technicians -
ambulance,
emergency medical technicians - |
intermediate, emergency medical technicians -
paramedic,
|
ambulance drivers, or other medical assistance or first aid |
personnel of the
local, municipal,
regional, or other |
geographical area so named or stated.
Nothing in this Act shall |
prohibit a Public
Safety
Personnel Organization from stating |
the actual number of members it has in any
geographical area.
|
(e) Any person or organization that willfully violates the
|
provisions of
this Section is
guilty of a Class A misdemeanor.
|
Any person or organization that willfully violates the |
provisions of
this Section may in addition to other remedies be |
subject to a fine of $2,000
for each violation,
shall be |
subject to forfeiture of all solicitation fees, and shall be
|
enjoined from operating as
a fund raiser and soliciting the |
|
public for fundraising purposes.
|
(Source: P.A. 91-301, eff. 7-29-99.)
|
Section 625. The Illinois Horse Racing Act of 1975 is |
amended by changing Section 28 as follows:
|
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
|
Sec. 28. Except as provided in subsection (g) of Section 27 |
of this Act,
moneys collected shall be distributed according to |
the provisions of this
Section 28.
|
(a) Thirty
per cent of the total of all monies received
by |
the State as privilege taxes shall be paid into the |
Metropolitan Exposition
Auditorium and Office Building Fund in |
the State Treasury.
|
(b) In addition, 4.5% of the total of all monies received
|
by the State as privilege taxes shall be paid into the State |
treasury
into a special Fund to be known as the Metropolitan |
Exposition,
Auditorium, and Office Building Fund.
|
(c) Fifty per cent of the total of all monies received by |
the State
as privilege taxes under the provisions of this Act |
shall be paid into
the Agricultural Premium Fund.
|
(d) Seven per cent of the total of all monies received by |
the State
as privilege taxes shall be paid into the Fair and |
Exposition Fund in
the State treasury; provided, however, that |
when all bonds issued prior to
July 1, 1984 by the Metropolitan |
Fair and Exposition Authority shall have
been paid or payment |
|
shall have been provided for upon a refunding of those
bonds, |
thereafter 1/12 of $1,665,662 of such monies shall be paid each
|
month into the Build Illinois Fund, and the remainder into the |
Fair and
Exposition Fund. All excess monies shall be allocated |
to the Department of
Agriculture for distribution to county |
fairs for premiums and
rehabilitation as set forth in the |
Agricultural Fair Act.
|
(e) The monies provided for in Section 30 shall be paid |
into the
Illinois Thoroughbred Breeders Fund.
|
(f) The monies provided for in Section 31 shall be paid |
into the
Illinois Standardbred Breeders Fund.
|
(g) Until January 1, 2000, that part representing
1/2 of |
the total breakage in Thoroughbred,
Harness, Appaloosa, |
Arabian, and Quarter Horse racing in the State shall
be paid |
into the Illinois Race Track Improvement Fund as established
in |
Section 32.
|
(h) All other monies received by the Board under this Act |
shall be
paid into the Horse Racing Fund.
|
(i) The salaries of the Board members, secretary, stewards,
|
directors of mutuels, veterinarians, representatives, |
accountants,
clerks, stenographers, inspectors and other |
employees of the Board, and
all expenses of the Board incident |
to the administration of this Act,
including, but not limited |
to, all expenses and salaries incident to the
taking of saliva |
and urine samples in accordance with the rules and
regulations |
of the Board shall be paid out of the Agricultural Premium
|
|
Fund.
|
(j) The Agricultural Premium Fund shall also be used:
|
(1) for the expenses of operating the Illinois State |
Fair and the
DuQuoin State Fair, including the
payment of |
prize money or premiums;
|
(2) for the distribution to county fairs, vocational |
agriculture
section fairs, agricultural societies, and |
agricultural extension clubs
in accordance with the |
Agricultural Fair Act, as
amended;
|
(3) for payment of prize monies and premiums awarded |
and for
expenses incurred in connection with the |
International Livestock
Exposition and the Mid-Continent |
Livestock Exposition held in Illinois,
which premiums, and |
awards must be approved, and paid by the Illinois
|
Department of Agriculture;
|
(4) for personal service of county agricultural |
advisors and county
home advisors;
|
(5) for distribution to agricultural home economic |
extension
councils in accordance with "An Act in relation |
to additional support
and finance for the Agricultural and |
Home Economic Extension Councils in
the several counties in |
this State and making an appropriation
therefor", approved |
July 24, 1967, as amended;
|
(6) for research on equine disease, including a |
development center
therefor;
|
(7) for training scholarships for study on equine |
|
diseases to
students at the University of Illinois College |
of Veterinary Medicine;
|
(8) for the rehabilitation, repair and maintenance of
|
the Illinois and DuQuoin State Fair Grounds and
the |
structures and facilities thereon and the construction of |
permanent
improvements on such Fair Grounds, including |
such structures, facilities and
property located on such
|
State Fair Grounds which are under the custody and control |
of the
Department of Agriculture;
|
(9) for the expenses of the Department of Agriculture |
under Section
5-530 of the Departments of State Government |
Law (20 ILCS
5/5-530);
|
(10) for the expenses of the Department of Commerce and |
Economic Opportunity under Sections
605-620, 605-625, and
|
605-630 of the Department of Commerce and Economic |
Opportunity Law (20 ILCS
605/605-620, 605/605-625, and |
605/605-630);
|
(11) for remodeling, expanding, and reconstructing |
facilities
destroyed by fire of any Fair and Exposition |
Authority in counties with
a population of 1,000,000 or |
more inhabitants;
|
(12) for the purpose of assisting in the care and |
general
rehabilitation of veterans with disabilities |
disabled veterans of any war and their surviving
spouses |
and orphans;
|
(13) for expenses of the Department of State Police for |
|
duties
performed under this Act;
|
(14) for the Department of Agriculture for soil surveys |
and soil and water
conservation purposes;
|
(15) for the Department of Agriculture for grants to |
the City of Chicago
for conducting the Chicagofest;
|
(16) for the State Comptroller for grants and operating |
expenses authorized by the Illinois Global Partnership |
Act.
|
(k) To the extent that monies paid by the Board to the |
Agricultural
Premium Fund are in the opinion of the Governor in |
excess of the amount
necessary for the purposes herein stated, |
the Governor shall notify the
Comptroller and the State |
Treasurer of such fact, who, upon receipt of
such notification, |
shall transfer such excess monies from the
Agricultural Premium |
Fund to the General Revenue Fund.
|
(Source: P.A. 97-1060, eff. 8-24-12.)
|
Section 630. The Riverboat Gambling Act is amended by |
changing Section 6 as follows:
|
(230 ILCS 10/6) (from Ch. 120, par. 2406)
|
Sec. 6. Application for Owners License.
|
(a) A qualified person may
apply to the Board for an owners |
license to
conduct a riverboat gambling operation as provided |
in this Act. The
application shall be made on forms provided by |
the Board and shall contain
such information as the Board |
|
prescribes, including but not limited to the
identity of the |
riverboat on which such gambling operation is to be
conducted |
and the exact location where such riverboat will be docked, a
|
certification that the riverboat will be registered under this |
Act at all
times during which gambling operations are conducted |
on board, detailed
information regarding the ownership and |
management of the applicant, and
detailed personal information |
regarding the applicant. Any application for an
owners license |
to be re-issued on or after June 1, 2003 shall also
include the |
applicant's license bid in a form prescribed by the Board.
|
Information
provided on the application shall be used as a |
basis for a thorough
background investigation which the Board |
shall conduct with respect to each
applicant. An incomplete |
application shall be cause for denial of a license
by the |
Board.
|
(b) Applicants shall submit with their application all |
documents,
resolutions, and letters of support from the |
governing body that represents
the municipality or county |
wherein the licensee will dock.
|
(c) Each applicant shall disclose the identity of every |
person,
association, trust or corporation having a greater than |
1% direct or
indirect pecuniary interest in the riverboat |
gambling operation with
respect to which the license is sought. |
If the disclosed entity is a
trust, the application shall |
disclose the names and addresses of the
beneficiaries; if a |
corporation, the names and
addresses of all stockholders and |
|
directors; if a partnership, the names
and addresses of all |
partners, both general and limited.
|
(d) An application shall be filed and considered in |
accordance with the rules of the Board. An
application fee of |
$50,000 shall be paid at the time of filing
to defray the costs |
associated with the
background investigation conducted by the |
Board. If the costs of the
investigation exceed $50,000, the |
applicant shall pay the additional amount
to the Board. If the |
costs of the investigation are less than $50,000, the
applicant |
shall receive a refund of the remaining amount. All
|
information, records, interviews, reports, statements, |
memoranda or other
data supplied to or used by the Board in the |
course of its review or
investigation of an application for a |
license or a renewal under this Act shall be
privileged, |
strictly confidential and shall be used only for the purpose of
|
evaluating an applicant for a license or a renewal. Such |
information, records, interviews, reports,
statements, |
memoranda or other data shall not be admissible as evidence,
|
nor discoverable in any action of any kind in any court or |
before any
tribunal, board, agency or person, except for any |
action deemed necessary
by the Board.
|
(e) The Board shall charge each applicant a fee set by the |
Department of
State Police to defray the costs associated with |
the search and
classification of fingerprints obtained by the |
Board with respect to the
applicant's application. These fees |
shall be paid into the State Police
Services Fund.
|
|
(f) The licensed owner shall be the person primarily |
responsible for the
boat itself. Only one riverboat gambling |
operation may be authorized
by the Board on any riverboat. The |
applicant must identify each riverboat
it intends to use and |
certify that the riverboat: (1) has the authorized
capacity |
required in this Act; (2) is accessible to persons with |
disabilities disabled persons ; and
(3) is fully registered and |
licensed in accordance
with any applicable laws.
|
(g) A person who knowingly makes a false statement on an |
application is
guilty of a Class A misdemeanor.
|
(Source: P.A. 96-1392, eff. 1-1-11.)
|
Section 635. The Bingo License and Tax Act is amended by |
changing Section 1.3 as follows:
|
(230 ILCS 25/1.3)
|
Sec. 1.3. Restrictions on licensure. Licensing for the |
conducting of bingo is subject to the following restrictions: |
(1) The license application, when submitted to the |
Department, must contain a sworn statement attesting to the |
not-for-profit character of the prospective licensee |
organization, signed by a person listed on the application |
as an owner, officer, or other person in charge of the |
necessary day-to-day operations of that organization. |
(2) The license application shall be prepared in |
accordance with the rules of the Department. |
|
(3) The licensee shall prominently display the license |
in the area where the licensee conducts bingo. The licensee |
shall likewise display, in the form and manner as |
prescribed by the Department, the provisions of Section 8 |
of this Act. |
(4) Each license shall state the day of the week, hours |
and at which location the licensee is permitted to conduct |
bingo games. |
(5) A license is not assignable or transferable. |
(6) A license authorizes the licensee to conduct the |
game commonly known as bingo, in which prizes are awarded |
on the basis of designated numbers or symbols on a card |
conforming to numbers or symbols selected at random. |
(7) The Department may, on special application made by |
any organization having a bingo license, issue a special |
permit for conducting bingo at other premises and on other |
days not exceeding 5 consecutive days, except that a |
licensee may conduct bingo at the Illinois State Fair or |
any county fair held in Illinois during each day that the |
fair is held, without a fee. Bingo games conducted at the |
Illinois State Fair or a county fair shall not require a |
special permit. No more than 2 special permits may be |
issued in one year to any one organization. |
(8) Any organization qualified for a license but not |
holding one may, upon application and payment of a |
nonrefundable fee of $50, receive a limited license to |
|
conduct bingo games at no more than 2 indoor or outdoor |
festivals in a year for a maximum of 5 consecutive days on |
each occasion. No more than 2 limited licenses under this |
item (7) may be issued to any organization in any year. A |
limited license must be prominently displayed at the site |
where the bingo games are conducted. |
(9) Senior citizens organizations and units of local |
government may conduct bingo without a license or fee, |
subject to the following conditions: |
(A) bingo shall be conducted only (i) at a facility |
that is owned by a unit of local government to which |
the corporate authorities have given their approval |
and that is used to provide social services or a |
meeting place to senior citizens, (ii) in common areas |
in multi-unit federally assisted rental housing |
maintained solely for elderly persons and persons with |
disabilities the elderly and handicapped , or (iii) at a |
building owned by a church or veterans organization; |
(B) the price paid for a single card shall not |
exceed 50 cents; |
(C) the aggregate retail value of all prizes or |
merchandise awarded in any one game of bingo shall not |
exceed $10; |
(D) no person or organization shall participate in |
the management or operation of bingo under this item |
(9) if the person or organization would be ineligible |
|
for a license under this Section; and |
(E) no license is required to provide premises for |
bingo conducted under this item (9). |
(10) Bingo equipment shall not be used for any purpose |
other than for the play of bingo.
|
(Source: P.A. 96-210, eff. 8-10-09; 96-1055, eff. 7-14-10; |
96-1150, eff. 7-21-10; 97-333, eff. 8-12-11.)
|
Section 640. The Illinois Public Aid Code is amended by |
changing Sections 4-1.1, 4-1.6, 4-2, 4-3a, 5-1, 5-1.1, 5-2, |
5-4, 5-5.4f, 5-5.17, 5-5a, and 5-13 and the heading of Article |
V-C and Sections 5C-1, 5C-2, 5C-3, 5C-4, 5C-5, 5C-6, 5C-7, |
5C-8, 5C-10, 6-1.2, 6-2, 6-11, 11-20, 12-4.42, and 12-5 as |
follows:
|
(305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
|
Sec. 4-1.1. Child age eligibility.
|
(a) Every assistance unit must include a child, except as |
provided in
subsections (b) and (c). The child or children must |
have already been born
and be under age 18, or, if age 18, must |
be a full-time student in a secondary
school or the equivalent |
level of vocational or technical training.
|
(b) Grants shall be provided for assistance units |
consisting exclusively
of a pregnant woman with no dependent |
child, and may include her husband if
living with her, if the |
pregnancy has been determined by medical diagnosis.
|
|
(c) Grants may be provided for assistance units consisting |
of only adults
if all the children living with those adults are |
children with disabilities disabled and receive
Supplemental |
Security Income.
|
(Source: P.A. 92-111, eff. 1-1-02.)
|
(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
|
Sec. 4-1.6. Need. Income available to the family as defined |
by the
Illinois Department by rule, or to the child
in the case |
of a child removed from his or her home, when added to
|
contributions in money, substance or services from other |
sources,
including income available from parents absent from |
the home or from a
stepparent, contributions made for the |
benefit of the parent or other
persons necessary to provide |
care and supervision to the child, and
contributions from |
legally responsible relatives, must be equal to or less than |
the grant amount established by Department regulation for such
|
a person. For purposes of eligibility for aid under this |
Article, the Department shall (a) disregard all earned income |
between the grant amount and 50% of the Federal Poverty Level |
and (b) disregard the value of all assets held by the family.
|
In considering income to be taken into account, |
consideration shall
be given to any expenses reasonably |
attributable to the earning of such
income. Three-fourths of |
the earned income of a household eligible for aid under this |
Article shall be disregarded when determining the level of |
|
assistance for which a household is eligible. The Illinois |
Department may also permit all or any
portion of earned or |
other income to be set aside for the future
identifiable needs |
of a child. The Illinois Department
may provide by rule and |
regulation for the exemptions thus permitted or
required. The |
eligibility of any applicant for or recipient of public
aid |
under this Article is not affected by the payment of any grant |
under
the "Senior Citizens and Persons with Disabilities |
Disabled Persons Property Tax Relief Act" or any distributions |
or items of income
described under subparagraph (X) of
|
paragraph (2) of subsection (a) of Section 203 of the Illinois |
Income Tax
Act.
|
The Illinois Department may, by rule, set forth criteria |
under which an
assistance unit is ineligible for cash |
assistance under this Article for a
specified number of months |
due to the receipt of a lump sum payment.
|
(Source: P.A. 97-689, eff. 6-14-12; 98-114, eff. 7-29-13.)
|
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
|
Sec. 4-2. Amount of aid.
|
(a) The amount and nature of financial aid shall be |
determined in accordance
with the grant amounts, rules and |
regulations of the Illinois Department. Due
regard shall be |
given to the self-sufficiency requirements of the family and to
|
the income, money contributions and other support and resources |
available, from
whatever source. However, the amount and nature |
|
of any financial aid is not
affected by the payment of any |
grant under the "Senior Citizens and Persons with Disabilities |
Disabled
Persons Property Tax Relief Act" or any
distributions |
or items of income described under subparagraph (X) of |
paragraph
(2) of subsection (a) of Section 203 of the Illinois |
Income Tax Act. The aid
shall be sufficient, when added to all |
other income, money contributions and
support to provide the |
family with a grant in the amount established by
Department |
regulation.
|
Subject to appropriation, beginning on July 1, 2008, the |
Department of Human Services shall increase TANF grant amounts |
in effect on June 30, 2008 by 15%. The Department is authorized |
to administer this increase but may not otherwise adopt any |
rule to implement this increase. |
(b) The Illinois Department may conduct special projects, |
which may be
known as Grant Diversion Projects, under which |
recipients of financial aid
under this Article are placed in |
jobs and their grants are diverted to the
employer who in turn |
makes payments to the recipients in the form of salary
or other |
employment benefits. The Illinois Department shall by rule |
specify
the terms and conditions of such Grant Diversion |
Projects. Such projects
shall take into consideration and be |
coordinated with the programs
administered under the Illinois |
Emergency Employment Development Act.
|
(c) The amount and nature of the financial aid for a child |
requiring
care outside his own home shall be determined in |
|
accordance with the rules
and regulations of the Illinois |
Department, with due regard to the needs
and requirements of |
the child in the foster home or institution in which
he has |
been placed.
|
(d) If the Department establishes grants for family units |
consisting
exclusively of a pregnant woman with no dependent |
child or including her
husband if living with her, the grant |
amount for such a unit
shall be equal to the grant amount for |
an assistance unit consisting of one
adult, or 2 persons if the |
husband is included. Other than as herein
described, an unborn |
child shall not be counted
in determining the size of an |
assistance unit or for calculating grants.
|
Payments for basic maintenance requirements of a child or |
children
and the relative with whom the child or children are |
living shall be
prescribed, by rule, by the Illinois |
Department.
|
Grants under this Article shall not be supplemented by |
General
Assistance provided under Article VI.
|
(e) Grants shall be paid to the parent or other person with |
whom the
child or children are living, except for such amount |
as is paid in
behalf of the child or his parent or other |
relative to other persons or
agencies pursuant to this Code or |
the rules and regulations of the
Illinois Department.
|
(f) Subject to subsection (f-5), an assistance unit, |
receiving
financial
aid under this Article or
temporarily |
ineligible to receive aid under this Article under a penalty
|
|
imposed by the Illinois Department for failure to comply with |
the eligibility
requirements or that voluntarily requests |
termination of financial assistance
under this Article and |
becomes subsequently eligible for assistance within 9
months, |
shall not receive any increase in the amount of aid solely on |
account
of the birth of a child; except that an increase is not |
prohibited when the
birth is (i) of a child of a pregnant woman
|
who became eligible for aid under this Article during the |
pregnancy,
or (ii) of a child born within 10 months after the |
date of implementation of
this subsection, or (iii) of a child |
conceived after a family became
ineligible for assistance due |
to income or marriage and at least 3 months of
ineligibility |
expired before any reapplication for assistance. This |
subsection
does not, however, prevent a unit from receiving a |
general increase in the
amount of aid that is provided to all |
recipients of aid under this Article.
|
The Illinois Department is authorized to transfer funds, |
and shall use any
budgetary savings attributable to not |
increasing the grants due to the births
of additional children, |
to supplement existing funding for employment and
training |
services for recipients of aid under this Article IV. The |
Illinois
Department shall target, to the extent the |
supplemental funding allows,
employment and training services |
to the families who do not receive a grant
increase after the |
birth of a child. In addition, the Illinois Department
shall |
provide, to the extent the supplemental funding allows, such |
|
families
with up to 24 months of transitional child care |
pursuant to Illinois Department
rules. All remaining |
supplemental funds shall be used for employment and
training |
services or transitional child care support.
|
In making the transfers authorized by this subsection, the |
Illinois
Department shall first determine, pursuant to |
regulations adopted by the
Illinois Department for this |
purpose, the amount of savings attributable to
not increasing |
the grants due to the births of additional children. Transfers
|
may be made from General Revenue Fund appropriations for |
distributive purposes
authorized by Article IV of this Code |
only to General Revenue Fund
appropriations for employability |
development services including operating
and administrative |
costs and related distributive purposes under Article
IXA of |
this Code. The Director, with the approval of the Governor, |
shall
certify the amount and affected line item appropriations |
to the State
Comptroller.
|
Nothing in this subsection shall be construed to prohibit |
the Illinois
Department from using funds under this Article IV |
to provide
assistance in the form of vouchers
that may be used |
to pay for goods and services deemed by the Illinois
|
Department, by rule, as suitable for the care of the child such |
as diapers,
clothing, school supplies, and cribs.
|
(f-5) Subsection (f) shall not apply to affect the monthly |
assistance
amount of
any family as a result of the birth of a |
child on or after January 1, 2004.
As resources permit after |
|
January 1, 2004, the Department may
cease applying subsection |
(f) to limit assistance to families receiving
assistance under |
this Article on January 1, 2004, with respect to children
born |
prior to that date. In any event, subsection (f) shall be |
completely
inoperative on and after July 1, 2007.
|
(g) (Blank).
|
(h) Notwithstanding any other provision of this Code, the |
Illinois
Department is authorized to reduce payment levels used |
to determine cash grants
under this Article after December 31 |
of any fiscal year if the Illinois
Department determines that |
the caseload upon which the appropriations for the
current |
fiscal year are based have increased by more than 5% and the
|
appropriation is not sufficient to ensure that
cash benefits |
under this Article do not exceed the amounts appropriated for
|
those cash benefits. Reductions in payment levels may be |
accomplished by
emergency rule under Section 5-45 of the |
Illinois Administrative Procedure Act,
except that the |
limitation on the number of emergency rules that may be adopted
|
in a 24-month period shall not apply and the provisions of |
Sections 5-115 and
5-125 of the Illinois Administrative |
Procedure Act shall not apply.
Increases in payment levels |
shall be accomplished only in accordance with
Section 5-40 of |
the Illinois Administrative Procedure Act. Before any rule
to |
increase payment levels
promulgated under this Section shall |
become effective, a joint resolution
approving the rule must be |
adopted by a roll call vote by a majority of the
members |
|
elected to each chamber of the General Assembly.
|
(Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
|
(305 ILCS 5/4-3a) (from Ch. 23, par. 4-3a)
|
Sec. 4-3a.
No otherwise qualified child with a disability |
handicapped child receiving special
education and related |
services under Article 14 of The School Code shall
solely by |
reason of his or her disability handicap be excluded from the |
participation
in or be denied the benefits of or be subjected |
to discrimination under
any program or activity provided by the |
Department.
|
(Source: P.A. 80-1403.)
|
(305 ILCS 5/5-1) (from Ch. 23, par. 5-1)
|
Sec. 5-1. Declaration of purpose. It is the purpose of this |
Article to
provide a program of essential
medical care and |
rehabilitative services for persons receiving basic
|
maintenance grants under this Code and for other persons who |
are unable,
because of inadequate resources, to meet their |
essential medical needs.
|
Preservation of health, alleviation of sickness, and |
correction of
disabling handicapping conditions for persons |
requiring maintenance support are
essential if they are to have |
an opportunity to become self-supporting or
to attain a greater |
capacity for self-care. For persons who are medically
indigent |
but otherwise able to provide themselves with a livelihood, it |
|
is
of special importance to maintain their incentives for |
continued
independence and preserve their limited resources |
for ordinary maintenance
needs to prevent their total or |
substantial dependency.
|
(Source: Laws 1967, p. 122 .)
|
(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
|
Sec. 5-1.1. Definitions. The terms defined in this Section
|
shall have the meanings ascribed to them, except when the
|
context otherwise requires.
|
(a) "Nursing facility" means a facility, licensed by the |
Department of Public Health under the Nursing Home Care Act, |
that provides nursing facility services within the meaning of |
Title XIX of
the federal Social Security Act.
|
(b) "Intermediate care facility for persons with |
developmental disabilities the developmentally disabled " or |
"ICF/DD" means a facility, licensed by the Department of Public |
Health under the ID/DD Community Care Act, that is an |
intermediate care facility for the mentally retarded within the |
meaning of Title XIX
of the federal Social Security Act.
|
(c) "Standard services" means those services required for
|
the care of all patients in the facility and shall, as a
|
minimum, include the following: (1) administration; (2)
|
dietary (standard); (3) housekeeping; (4) laundry and linen;
|
(5) maintenance of property and equipment, including |
utilities;
(6) medical records; (7) training of employees; (8) |
|
utilization
review; (9) activities services; (10) social |
services; (11)
disability services; and all other similar |
services required
by either the laws of the State of Illinois |
or one of its
political subdivisions or municipalities or by |
Title XIX of
the Social Security Act.
|
(d) "Patient services" means those which vary with the
|
number of personnel; professional and para-professional
skills |
of the personnel; specialized equipment, and reflect
the |
intensity of the medical and psycho-social needs of the
|
patients. Patient services shall as a minimum include:
(1) |
physical services; (2) nursing services, including
restorative |
nursing; (3) medical direction and patient care
planning; (4) |
health related supportive and habilitative
services and all |
similar services required by either the
laws of the State of |
Illinois or one of its political
subdivisions or municipalities |
or by Title XIX of the
Social Security Act.
|
(e) "Ancillary services" means those services which
|
require a specific physician's order and defined as under
the |
medical assistance program as not being routine in
nature for |
skilled nursing facilities and ICF/DDs.
Such services |
generally must be authorized prior to delivery
and payment as |
provided for under the rules of the Department
of Healthcare |
and Family Services.
|
(f) "Capital" means the investment in a facility's assets
|
for both debt and non-debt funds. Non-debt capital is the
|
difference between an adjusted replacement value of the assets
|
|
and the actual amount of debt capital.
|
(g) "Profit" means the amount which shall accrue to a
|
facility as a result of its revenues exceeding its expenses
as |
determined in accordance with generally accepted accounting
|
principles.
|
(h) "Non-institutional services" means those services |
provided under
paragraph (f) of Section 3 of the Rehabilitation |
of Persons with Disabilities Disabled Persons Rehabilitation |
Act and those services provided under Section 4.02 of the |
Illinois Act on the Aging.
|
(i) (Blank).
|
(j) "Institutionalized person" means an individual who is |
an inpatient
in an ICF/DD or nursing facility, or who is an |
inpatient in
a medical
institution receiving a level of care |
equivalent to that of an ICF/DD or nursing facility, or who is |
receiving services under
Section 1915(c) of the Social Security |
Act.
|
(k) "Institutionalized spouse" means an institutionalized |
person who is
expected to receive services at the same level of |
care for at least 30 days
and is married to a spouse who is not |
an institutionalized person.
|
(l) "Community spouse" is the spouse of an |
institutionalized spouse.
|
(m) "Health Benefits Service Package" means, subject to |
federal approval, benefits covered by the medical assistance |
program as determined by the Department by rule for individuals |
|
eligible for medical assistance under paragraph 18 of Section |
5-2 of this Code. |
(n) "Federal poverty level" means the poverty guidelines |
updated periodically in the Federal Register by the U.S. |
Department of Health and Human Services. These guidelines set |
poverty levels by family size. |
(Source: P.A. 97-227, eff. 1-1-12; 97-820, eff. 7-17-12; |
98-104, eff. 7-22-13.)
|
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
|
Sec. 5-2. Classes of Persons Eligible. |
Medical assistance under this
Article shall be available to |
any of the following classes of persons in
respect to whom a |
plan for coverage has been submitted to the Governor
by the |
Illinois Department and approved by him. If changes made in |
this Section 5-2 require federal approval, they shall not take |
effect until such approval has been received:
|
1. Recipients of basic maintenance grants under |
Articles III and IV.
|
2. Beginning January 1, 2014, persons otherwise |
eligible for basic maintenance under Article
III, |
excluding any eligibility requirements that are |
inconsistent with any federal law or federal regulation, as |
interpreted by the U.S. Department of Health and Human |
Services, but who fail to qualify thereunder on the basis |
of need, and
who have insufficient income and resources to |
|
meet the costs of
necessary medical care, including but not |
limited to the following:
|
(a) All persons otherwise eligible for basic |
maintenance under Article
III but who fail to qualify |
under that Article on the basis of need and who
meet |
either of the following requirements:
|
(i) their income, as determined by the |
Illinois Department in
accordance with any federal |
requirements, is equal to or less than 100% of the |
federal poverty level; or
|
(ii) their income, after the deduction of |
costs incurred for medical
care and for other types |
of remedial care, is equal to or less than 100% of |
the federal poverty level.
|
(b) (Blank).
|
3. (Blank).
|
4. Persons not eligible under any of the preceding |
paragraphs who fall
sick, are injured, or die, not having |
sufficient money, property or other
resources to meet the |
costs of necessary medical care or funeral and burial
|
expenses.
|
5.(a) Women during pregnancy and during the
60-day |
period beginning on the last day of the pregnancy, together |
with
their infants,
whose income is at or below 200% of the |
federal poverty level. Until September 30, 2019, or sooner |
if the maintenance of effort requirements under the Patient |
|
Protection and Affordable Care Act are eliminated or may be |
waived before then, women during pregnancy and during the |
60-day period beginning on the last day of the pregnancy, |
whose countable monthly income, after the deduction of |
costs incurred for medical care and for other types of |
remedial care as specified in administrative rule, is equal |
to or less than the Medical Assistance-No Grant(C) |
(MANG(C)) Income Standard in effect on April 1, 2013 as set |
forth in administrative rule.
|
(b) The plan for coverage shall provide ambulatory |
prenatal care to pregnant women during a
presumptive |
eligibility period and establish an income eligibility |
standard
that is equal to 200% of the federal poverty |
level, provided that costs incurred
for medical care are |
not taken into account in determining such income
|
eligibility.
|
(c) The Illinois Department may conduct a |
demonstration in at least one
county that will provide |
medical assistance to pregnant women, together
with their |
infants and children up to one year of age,
where the |
income
eligibility standard is set up to 185% of the |
nonfarm income official
poverty line, as defined by the |
federal Office of Management and Budget.
The Illinois |
Department shall seek and obtain necessary authorization
|
provided under federal law to implement such a |
demonstration. Such
demonstration may establish resource |
|
standards that are not more
restrictive than those |
established under Article IV of this Code.
|
6. (a) Children younger than age 19 when countable |
income is at or below 133% of the federal poverty level. |
Until September 30, 2019, or sooner if the maintenance of |
effort requirements under the Patient Protection and |
Affordable Care Act are eliminated or may be waived before |
then, children younger than age 19 whose countable monthly |
income, after the deduction of costs incurred for medical |
care and for other types of remedial care as specified in |
administrative rule, is equal to or less than the Medical |
Assistance-No Grant(C) (MANG(C)) Income Standard in effect |
on April 1, 2013 as set forth in administrative rule. |
(b) Children and youth who are under temporary custody |
or guardianship of the Department of Children and Family |
Services or who receive financial assistance in support of |
an adoption or guardianship placement from the Department |
of Children and Family Services.
|
7. (Blank).
|
8. As required under federal law, persons who are |
eligible for Transitional Medical Assistance as a result of |
an increase in earnings or child or spousal support |
received. The plan for coverage for this class of persons |
shall:
|
(a) extend the medical assistance coverage to the |
extent required by federal law; and
|
|
(b) offer persons who have initially received 6 |
months of the
coverage provided in paragraph (a) above, |
the option of receiving an
additional 6 months of |
coverage, subject to the following:
|
(i) such coverage shall be pursuant to |
provisions of the federal
Social Security Act;
|
(ii) such coverage shall include all services |
covered under Illinois' State Medicaid Plan;
|
(iii) no premium shall be charged for such |
coverage; and
|
(iv) such coverage shall be suspended in the |
event of a person's
failure without good cause to |
file in a timely fashion reports required for
this |
coverage under the Social Security Act and |
coverage shall be reinstated
upon the filing of |
such reports if the person remains otherwise |
eligible.
|
9. Persons with acquired immunodeficiency syndrome |
(AIDS) or with
AIDS-related conditions with respect to whom |
there has been a determination
that but for home or |
community-based services such individuals would
require |
the level of care provided in an inpatient hospital, |
skilled
nursing facility or intermediate care facility the |
cost of which is
reimbursed under this Article. Assistance |
shall be provided to such
persons to the maximum extent |
permitted under Title
XIX of the Federal Social Security |
|
Act.
|
10. Participants in the long-term care insurance |
partnership program
established under the Illinois |
Long-Term Care Partnership Program Act who meet the
|
qualifications for protection of resources described in |
Section 15 of that
Act.
|
11. Persons with disabilities who are employed and |
eligible for Medicaid,
pursuant to Section |
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, |
subject to federal approval, persons with a medically |
improved disability who are employed and eligible for |
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of |
the Social Security Act, as
provided by the Illinois |
Department by rule. In establishing eligibility standards |
under this paragraph 11, the Department shall, subject to |
federal approval: |
(a) set the income eligibility standard at not |
lower than 350% of the federal poverty level; |
(b) exempt retirement accounts that the person |
cannot access without penalty before the age
of 59 1/2, |
and medical savings accounts established pursuant to |
26 U.S.C. 220; |
(c) allow non-exempt assets up to $25,000 as to |
those assets accumulated during periods of eligibility |
under this paragraph 11; and
|
(d) continue to apply subparagraphs (b) and (c) in |
|
determining the eligibility of the person under this |
Article even if the person loses eligibility under this |
paragraph 11.
|
12. Subject to federal approval, persons who are |
eligible for medical
assistance coverage under applicable |
provisions of the federal Social Security
Act and the |
federal Breast and Cervical Cancer Prevention and |
Treatment Act of
2000. Those eligible persons are defined |
to include, but not be limited to,
the following persons:
|
(1) persons who have been screened for breast or |
cervical cancer under
the U.S. Centers for Disease |
Control and Prevention Breast and Cervical Cancer
|
Program established under Title XV of the federal |
Public Health Services Act in
accordance with the |
requirements of Section 1504 of that Act as |
administered by
the Illinois Department of Public |
Health; and
|
(2) persons whose screenings under the above |
program were funded in whole
or in part by funds |
appropriated to the Illinois Department of Public |
Health
for breast or cervical cancer screening.
|
"Medical assistance" under this paragraph 12 shall be |
identical to the benefits
provided under the State's |
approved plan under Title XIX of the Social Security
Act. |
The Department must request federal approval of the |
coverage under this
paragraph 12 within 30 days after the |
|
effective date of this amendatory Act of
the 92nd General |
Assembly.
|
In addition to the persons who are eligible for medical |
assistance pursuant to subparagraphs (1) and (2) of this |
paragraph 12, and to be paid from funds appropriated to the |
Department for its medical programs, any uninsured person |
as defined by the Department in rules residing in Illinois |
who is younger than 65 years of age, who has been screened |
for breast and cervical cancer in accordance with standards |
and procedures adopted by the Department of Public Health |
for screening, and who is referred to the Department by the |
Department of Public Health as being in need of treatment |
for breast or cervical cancer is eligible for medical |
assistance benefits that are consistent with the benefits |
provided to those persons described in subparagraphs (1) |
and (2). Medical assistance coverage for the persons who |
are eligible under the preceding sentence is not dependent |
on federal approval, but federal moneys may be used to pay |
for services provided under that coverage upon federal |
approval. |
13. Subject to appropriation and to federal approval, |
persons living with HIV/AIDS who are not otherwise eligible |
under this Article and who qualify for services covered |
under Section 5-5.04 as provided by the Illinois Department |
by rule.
|
14. Subject to the availability of funds for this |
|
purpose, the Department may provide coverage under this |
Article to persons who reside in Illinois who are not |
eligible under any of the preceding paragraphs and who meet |
the income guidelines of paragraph 2(a) of this Section and |
(i) have an application for asylum pending before the |
federal Department of Homeland Security or on appeal before |
a court of competent jurisdiction and are represented |
either by counsel or by an advocate accredited by the |
federal Department of Homeland Security and employed by a |
not-for-profit organization in regard to that application |
or appeal, or (ii) are receiving services through a |
federally funded torture treatment center. Medical |
coverage under this paragraph 14 may be provided for up to |
24 continuous months from the initial eligibility date so |
long as an individual continues to satisfy the criteria of |
this paragraph 14. If an individual has an appeal pending |
regarding an application for asylum before the Department |
of Homeland Security, eligibility under this paragraph 14 |
may be extended until a final decision is rendered on the |
appeal. The Department may adopt rules governing the |
implementation of this paragraph 14.
|
15. Family Care Eligibility. |
(a) On and after July 1, 2012, a parent or other |
caretaker relative who is 19 years of age or older when |
countable income is at or below 133% of the federal |
poverty level. A person may not spend down to become |
|
eligible under this paragraph 15. |
(b) Eligibility shall be reviewed annually. |
(c) (Blank). |
(d) (Blank). |
(e) (Blank). |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). |
(i) Following termination of an individual's |
coverage under this paragraph 15, the individual must |
be determined eligible before the person can be |
re-enrolled. |
16. Subject to appropriation, uninsured persons who |
are not otherwise eligible under this Section who have been |
certified and referred by the Department of Public Health |
as having been screened and found to need diagnostic |
evaluation or treatment, or both diagnostic evaluation and |
treatment, for prostate or testicular cancer. For the |
purposes of this paragraph 16, uninsured persons are those |
who do not have creditable coverage, as defined under the |
Health Insurance Portability and Accountability Act, or |
have otherwise exhausted any insurance benefits they may |
have had, for prostate or testicular cancer diagnostic |
evaluation or treatment, or both diagnostic evaluation and |
treatment.
To be eligible, a person must furnish a Social |
Security number.
A person's assets are exempt from |
|
consideration in determining eligibility under this |
paragraph 16.
Such persons shall be eligible for medical |
assistance under this paragraph 16 for so long as they need |
treatment for the cancer. A person shall be considered to |
need treatment if, in the opinion of the person's treating |
physician, the person requires therapy directed toward |
cure or palliation of prostate or testicular cancer, |
including recurrent metastatic cancer that is a known or |
presumed complication of prostate or testicular cancer and |
complications resulting from the treatment modalities |
themselves. Persons who require only routine monitoring |
services are not considered to need treatment.
"Medical |
assistance" under this paragraph 16 shall be identical to |
the benefits provided under the State's approved plan under |
Title XIX of the Social Security Act.
Notwithstanding any |
other provision of law, the Department (i) does not have a |
claim against the estate of a deceased recipient of |
services under this paragraph 16 and (ii) does not have a |
lien against any homestead property or other legal or |
equitable real property interest owned by a recipient of |
services under this paragraph 16. |
17. Persons who, pursuant to a waiver approved by the |
Secretary of the U.S. Department of Health and Human |
Services, are eligible for medical assistance under Title |
XIX or XXI of the federal Social Security Act. |
Notwithstanding any other provision of this Code and |
|
consistent with the terms of the approved waiver, the |
Illinois Department, may by rule: |
(a) Limit the geographic areas in which the waiver |
program operates. |
(b) Determine the scope, quantity, duration, and |
quality, and the rate and method of reimbursement, of |
the medical services to be provided, which may differ |
from those for other classes of persons eligible for |
assistance under this Article. |
(c) Restrict the persons' freedom in choice of |
providers. |
18. Beginning January 1, 2014, persons aged 19 or |
older, but younger than 65, who are not otherwise eligible |
for medical assistance under this Section 5-2, who qualify |
for medical assistance pursuant to 42 U.S.C. |
1396a(a)(10)(A)(i)(VIII) and applicable federal |
regulations, and who have income at or below 133% of the |
federal poverty level plus 5% for the applicable family |
size as determined pursuant to 42 U.S.C. 1396a(e)(14) and |
applicable federal regulations. Persons eligible for |
medical assistance under this paragraph 18 shall receive |
coverage for the Health Benefits Service Package as that |
term is defined in subsection (m) of Section 5-1.1 of this |
Code. If Illinois' federal medical assistance percentage |
(FMAP) is reduced below 90% for persons eligible for |
medical
assistance under this paragraph 18, eligibility |
|
under this paragraph 18 shall cease no later than the end |
of the third month following the month in which the |
reduction in FMAP takes effect. |
19. Beginning January 1, 2014, as required under 42 |
U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 |
and younger than age 26 who are not otherwise eligible for |
medical assistance under paragraphs (1) through (17) of |
this Section who (i) were in foster care under the |
responsibility of the State on the date of attaining age 18 |
or on the date of attaining age 21 when a court has |
continued wardship for good cause as provided in Section |
2-31 of the Juvenile Court Act of 1987 and (ii) received |
medical assistance under the Illinois Title XIX State Plan |
or waiver of such plan while in foster care. |
In implementing the provisions of Public Act 96-20, the |
Department is authorized to adopt only those rules necessary, |
including emergency rules. Nothing in Public Act 96-20 permits |
the Department to adopt rules or issue a decision that expands |
eligibility for the FamilyCare Program to a person whose income |
exceeds 185% of the Federal Poverty Level as determined from |
time to time by the U.S. Department of Health and Human |
Services, unless the Department is provided with express |
statutory authority.
|
The eligibility of any such person for medical assistance |
under this
Article is not affected by the payment of any grant |
under the Senior
Citizens and Persons with Disabilities |
|
Disabled Persons Property Tax Relief Act or any distributions |
or items of income described under
subparagraph (X) of
|
paragraph (2) of subsection (a) of Section 203 of the Illinois |
Income Tax
Act. |
The Department shall by rule establish the amounts of
|
assets to be disregarded in determining eligibility for medical |
assistance,
which shall at a minimum equal the amounts to be |
disregarded under the
Federal Supplemental Security Income |
Program. The amount of assets of a
single person to be |
disregarded
shall not be less than $2,000, and the amount of |
assets of a married couple
to be disregarded shall not be less |
than $3,000.
|
To the extent permitted under federal law, any person found |
guilty of a
second violation of Article VIIIA
shall be |
ineligible for medical assistance under this Article, as |
provided
in Section 8A-8.
|
The eligibility of any person for medical assistance under |
this Article
shall not be affected by the receipt by the person |
of donations or benefits
from fundraisers held for the person |
in cases of serious illness,
as long as neither the person nor |
members of the person's family
have actual control over the |
donations or benefits or the disbursement
of the donations or |
benefits.
|
Notwithstanding any other provision of this Code, if the |
United States Supreme Court holds Title II, Subtitle A, Section |
2001(a) of Public Law 111-148 to be unconstitutional, or if a |
|
holding of Public Law 111-148 makes Medicaid eligibility |
allowed under Section 2001(a) inoperable, the State or a unit |
of local government shall be prohibited from enrolling |
individuals in the Medical Assistance Program as the result of |
federal approval of a State Medicaid waiver on or after the |
effective date of this amendatory Act of the 97th General |
Assembly, and any individuals enrolled in the Medical |
Assistance Program pursuant to eligibility permitted as a |
result of such a State Medicaid waiver shall become immediately |
ineligible. |
Notwithstanding any other provision of this Code, if an Act |
of Congress that becomes a Public Law eliminates Section |
2001(a) of Public Law 111-148, the State or a unit of local |
government shall be prohibited from enrolling individuals in |
the Medical Assistance Program as the result of federal |
approval of a State Medicaid waiver on or after the effective |
date of this amendatory Act of the 97th General Assembly, and |
any individuals enrolled in the Medical Assistance Program |
pursuant to eligibility permitted as a result of such a State |
Medicaid waiver shall become immediately ineligible. |
Effective October 1, 2013, the determination of |
eligibility of persons who qualify under paragraphs 5, 6, 8, |
15, 17, and 18 of this Section shall comply with the |
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal |
regulations. |
The Department of Healthcare and Family Services, the |
|
Department of Human Services, and the Illinois health insurance |
marketplace shall work cooperatively to assist persons who |
would otherwise lose health benefits as a result of changes |
made under this amendatory Act of the 98th General Assembly to |
transition to other health insurance coverage. |
(Source: P.A. 97-48, eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, |
eff. 8-12-11; 97-687, eff. 6-14-12; 97-689, eff. 6-14-12; |
97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-463, eff. |
8-16-13.)
|
(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
|
Sec. 5-4. Amount and nature of medical assistance. |
(a) The amount and nature of
medical assistance shall be |
determined in accordance
with the standards, rules, and |
regulations of the Department of Healthcare and Family |
Services, with due regard to the requirements and conditions in |
each case,
including contributions available from legally |
responsible
relatives. However, the amount and nature of such |
medical assistance shall
not be affected by the payment of any |
grant under the Senior Citizens and
Persons with Disabilities |
Disabled Persons Property Tax Relief Act or any
distributions |
or items of income described under subparagraph (X) of
|
paragraph (2) of subsection (a) of Section 203 of the Illinois |
Income Tax
Act.
The amount and nature of medical assistance |
shall not be affected by the
receipt of donations or benefits |
from fundraisers in cases of serious
illness, as long as |
|
neither the person nor members of the person's family
have |
actual control over the donations or benefits or the |
disbursement of
the donations or benefits.
|
In determining the income and resources available to the |
institutionalized
spouse and to the community spouse, the |
Department of Healthcare and Family Services
shall follow the |
procedures established by federal law. If an institutionalized |
spouse or community spouse refuses to comply with the |
requirements of Title XIX of the federal Social Security Act |
and the regulations duly promulgated thereunder by failing to |
provide the total value of assets, including income and |
resources, to the extent either the institutionalized spouse or |
community spouse has an ownership interest in them pursuant to |
42 U.S.C. 1396r-5, such refusal may result in the |
institutionalized spouse being denied eligibility and |
continuing to remain ineligible for the medical assistance |
program based on failure to cooperate. |
Subject to federal approval, the community spouse
resource |
allowance shall be established and maintained at the higher of |
$109,560 or the minimum level
permitted pursuant to Section |
1924(f)(2) of the Social Security Act, as now
or hereafter |
amended, or an amount set after a fair hearing, whichever is
|
greater. The monthly maintenance allowance for the community |
spouse shall be
established and maintained at the higher of |
$2,739 per month or the minimum level permitted pursuant to |
Section
1924(d)(3) of the Social Security Act, as now or |
|
hereafter amended, or an amount set after a fair hearing, |
whichever is greater. Subject
to the approval of the Secretary |
of the United States Department of Health and
Human Services, |
the provisions of this Section shall be extended to persons who
|
but for the provision of home or community-based services under |
Section
4.02 of the Illinois Act on the Aging, would require |
the level of care provided
in an institution, as is provided |
for in federal law.
|
(b) Spousal support for institutionalized spouses |
receiving medical assistance. |
(i) The Department may seek support for an |
institutionalized spouse, who has assigned his or her right |
of support from his or her spouse to the State, from the |
resources and income available to the community spouse. |
(ii) The Department may bring an action in the circuit |
court to establish support orders or itself establish |
administrative support orders by any means and procedures |
authorized in this Code, as applicable, except that the |
standard and regulations for determining ability to |
support in Section 10-3 shall not limit the amount of |
support that may be ordered. |
(iii) Proceedings may be initiated to obtain support, |
or for the recovery of aid granted during the period such |
support was not provided, or both, for the obtainment of |
support and the recovery of the aid provided. Proceedings |
for the recovery of aid may be taken separately or they may |
|
be consolidated with actions to obtain support. Such |
proceedings may be brought in the name of the person or |
persons requiring support or may be brought in the name of |
the Department, as the case requires. |
(iv) The orders for the payment of moneys for the |
support of the person shall be just and equitable and may |
direct payment thereof for such period or periods of time |
as the circumstances require, including support for a |
period before the date the order for support is entered. In |
no event shall the orders reduce the community spouse |
resource allowance below the level established in |
subsection (a) of this Section or an amount set after a |
fair hearing, whichever is greater, or reduce the monthly |
maintenance allowance for the community spouse below the |
level permitted pursuant to subsection (a) of this Section.
|
(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
|
(305 ILCS 5/5-5.4f) |
Sec. 5-5.4f. Intermediate care facilities for persons with |
developmental disabilities the developmentally disabled |
quality workforce initiative. |
(a) Legislative intent. Individuals with developmental |
disabilities who live in community-based settings rely on |
direct support staff for a variety of supports and services |
essential to the ability to reach their full potential. A |
stable, well-trained direct support workforce is critical to |
|
the well-being of these individuals. State and national studies |
have documented high rates of turnover among direct support |
workers and confirmed that improvements in wages can help |
reduce turnover and develop a more stable and committed |
workforce. This Section would increase the wages and benefits |
for direct care workers supporting individuals with |
developmental disabilities and provide accountability by |
ensuring that additional resources go directly to these |
workers. |
(b) Reimbursement. Notwithstanding any provision of |
Section 5-5.4, in order to attract and retain a stable, |
qualified, and healthy workforce, beginning July 1, 2010, the |
Department of Healthcare and Family Services may reimburse an |
individual intermediate care facility for persons with |
developmental disabilities the developmentally disabled for |
spending incurred to provide improved wages and benefits to its |
employees serving the individuals residing in the facility. |
Reimbursement shall be based upon patient days reported in the |
facility's most recent cost report. Subject to available |
appropriations, this reimbursement shall be made according to |
the following criteria: |
(1) The Department shall reimburse the facility to |
compensate for spending on improved wages and benefits for |
its eligible employees. Eligible employees include |
employees engaged in direct care work. |
(2) In order to qualify for reimbursement under this |
|
Section, a facility must submit to the Department, before |
January 1 of each year, documentation of a written, legally |
binding commitment to increase spending for the purpose of |
providing improved wages and benefits to its eligible |
employees during the next year. The commitment must be |
binding as to both existing and future staff. The |
commitment must include a method of enforcing the |
commitment that is available to the employees or their |
representative and is expeditious, uses a neutral |
decision-maker, and is economical for the employees. The |
Department must also receive documentation of the |
facility's provision of written notice of the commitment |
and the availability of the enforcement mechanism to the |
employees or their representative. |
(3) Reimbursement shall be based on the amount of |
increased spending to be incurred by the facility for |
improving wages and benefits that exceeds the spending |
reported in the cost report currently used by the |
Department. Reimbursement shall be calculated as follows: |
the per diem equivalent of the quarterly difference between |
the cost to provide improved wages and benefits for covered |
eligible employees as identified in the legally binding |
commitment and the previous period cost of wages and |
benefits as reported in the cost report currently used by |
the Department, subject to the limitations identified in |
paragraph (2) of this subsection. In no event shall the per |
|
diem increase be in excess of $5.00 for any 12 month period |
for an intermediate care facility for persons with |
developmental disabilities the developmentally disabled |
with more than 16 beds, or in excess of $6.00 for any 12 |
month period for an intermediate care facility for persons |
with developmental disabilities the developmentally |
disabled with 16 beds or less. |
(4) Any intermediate care facility for persons with |
developmental disabilities the developmentally disabled is |
eligible to receive reimbursement under this Section. A |
facility's eligibility to receive reimbursement shall |
continue as long as the facility maintains eligibility |
under paragraph (2) of this subsection and the |
reimbursement program continues to exist. |
(c) Audit. Reimbursement under this Section is subject to |
audit by the Department and shall be reduced or eliminated in |
the case of any facility that does not honor its commitment to |
increase spending to improve the wages and benefits of its |
employees or that decreases such spending.
|
(Source: P.A. 96-1124, eff. 7-20-10; 97-333, eff. 8-12-11.)
|
(305 ILCS 5/5-5.17) (from Ch. 23, par. 5-5.17)
|
Sec. 5-5.17. Separate reimbursement rate. The Illinois |
Department may
by rule establish a separate reimbursement rate |
to be paid to long term
care facilities for adult developmental |
training services as defined in
Section 15.2 of the Mental |
|
Health and Developmental Disabilities Administrative
Act which |
are provided to intellectually disabled
residents of such |
facilities who have intellectual disabilities and who receive |
aid under this Article. Any such
reimbursement shall be based |
upon cost reports submitted by the providers
of such services |
and shall be paid by the long term care facility to the
|
provider within such time as the Illinois Department shall |
prescribe by
rule, but in no case less than 3 business days |
after receipt of the
reimbursement by such facility from the |
Illinois Department. The Illinois
Department may impose a |
penalty upon a facility which does not make payment
to the |
provider of adult developmental training services within the |
time so
prescribed, up to the amount of payment not made to the |
provider.
|
On and after July 1, 2012, the Department shall reduce any |
rate of reimbursement for services or other payments or alter |
any methodologies authorized by this Code to reduce any rate of |
reimbursement for services or other payments in accordance with |
Section 5-5e. |
(Source: P.A. 97-227, eff. 1-1-12; 97-689, eff. 6-14-12.)
|
(305 ILCS 5/5-5a) (from Ch. 23, par. 5-5a)
|
Sec. 5-5a. Waiver for home and community-based services. |
The Department
shall apply for a waiver from the United States |
Health Care Financing
Administration to allow payment for home |
and community-based services under
this Article.
|
|
The Department, in cooperation with the Department on |
Aging, the Department
of Human Services and any other relevant |
State, local or
federal
government agency, may establish a |
nursing home pre-screening program to
determine whether the |
applicant, eligible for medical assistance under this
Article, |
may use home and community-based services as a reasonable,
|
lower-cost alternative form of care. For the purpose of this |
Section,
"home and community-based services" may include, but |
are not limited to,
those services provided under subsection |
(f) of Section 3 of the Rehabilitation of Persons with |
Disabilities Disabled
Persons Rehabilitation Act and Section 4 |
of the Illinois Act on the Aging.
|
(Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
|
(305 ILCS 5/5-13) (from Ch. 23, par. 5-13)
|
Sec. 5-13. Claim against estate of recipients. To the |
extent permitted under
the federal Social Security Act, the |
amount expended under this Article (1) for
a person of any age |
who is an inpatient in a nursing facility, an intermediate
care |
facility for persons with intellectual disabilities the |
intellectually disabled , or other medical institution, or (2)
|
for a person aged 55 or more, shall be a claim against the |
person's
estate or a claim against the estate of the person's |
spouse,
regardless of the order of death, but no recovery may
|
be had thereon until after the death of the surviving spouse, |
if any, and then
only at such time when there is no surviving |
|
child who is under age 21, or
blind, or is a child with a |
permanent total disability permanently and totally disabled . |
This Section, however, shall not
bar recovery at the death of |
the person of amounts of medical assistance paid
to or in his |
behalf to which he was not entitled; provided that such
|
recovery shall not be enforced against any real estate while it |
is occupied
as a homestead by the surviving spouse or other |
dependent, if no claims by
other creditors have been filed |
against the estate, or if such claims have
been filed, they |
remain dormant for failure of prosecution or failure of
the |
claimant to compel administration of the estate for the purpose |
of
payment. The term "estate", as used in this Section, with |
respect to a
deceased person, means all real and personal |
property and other assets included
within the person's estate, |
as that term is used in the Probate Act of 1975;
however, in |
the case of a deceased person who has received (or is entitled |
to
receive) benefits under a long-term care insurance policy in |
connection with
which assets or resources are disregarded to |
the extent that payments are made
or because the deceased |
person received (or was entitled to receive) benefits
under a |
long-term care insurance policy, "estate" also includes any
|
other real and personal property and other assets in which the |
deceased person
had any legal title or interest at the time of |
his or her death (to the extent
of that interest), including |
assets conveyed to a survivor, heir, or assignee
of the |
deceased person through joint tenancy, tenancy in common, |
|
survivorship,
life estate, living trust, or other arrangement. |
The term "homestead", as used
in this Section, means the |
dwelling house and contiguous real estate occupied
by a |
surviving spouse or relative, as defined by the rules and |
regulations of
the Illinois Department, regardless of the value |
of the property.
|
A claim arising under this Section against assets conveyed |
to a survivor,
heir, or assignee of the deceased person through |
joint tenancy, tenancy in
common, survivorship, life estate, |
living trust, or other arrangement is not
effective until the |
claim is recorded or filed in the manner provided for a
notice |
of lien in Section 3-10.2. The claim is subject to the same
|
requirements and conditions to which liens on real property |
interests are
subject under Sections 3-10.1 through 3-10.10. A |
claim arising under this
Section attaches to interests owned or |
subsequently acquired by the estate of a
recipient or the |
estate of a recipient's surviving spouse.
The transfer or |
conveyance of any real or personal property of the estate
as
|
defined in this Section shall be subject to the fraudulent |
transfer conditions
that apply to real property in Section 3-11 |
of this Code.
|
The provisions of this Section shall not affect the |
validity of claims
against estates for medical assistance |
provided prior to January 1, 1966 to
aged or , blind persons or |
persons with disabilities , or disabled persons receiving aid |
under Articles V, VII and
VII-A of the 1949 Code.
|
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(305 ILCS 5/Art. V-C heading) |
ARTICLE V-C.
|
CARE PROVIDER FUNDING FOR PERSONS WITH A DEVELOPMENTAL |
DISABILITY DEVELOPMENTALLY DISABLED CARE PROVIDER FUNDING
|
(305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1)
|
Sec. 5C-1. Definitions. As used in this Article, unless the |
context
requires otherwise:
|
"Fund" means the Care Provider Fund for Persons with a |
Developmental Disability.
|
" Care facility for persons with a developmental disability |
Developmentally disabled care facility " means an intermediate |
care
facility for the intellectually disabled within the |
meaning of Title XIX of the
Social Security Act, whether public |
or private and whether organized for
profit or not-for-profit, |
but shall not include any facility operated by
the State.
|
" Care provider for persons with a developmental disability |
Developmentally disabled care provider " means a person |
conducting,
operating, or maintaining a facility for persons |
with a developmental disability developmentally disabled care |
facility . For
this purpose, "person" means any political |
subdivision of the State,
municipal corporation, individual, |
firm, partnership, corporation, company,
limited liability |
company, association, joint stock association, or trust,
or a |
|
receiver, executor, trustee, guardian or other representative
|
appointed by order of any court.
|
"Adjusted gross developmentally disabled care revenue" |
shall be computed
separately for each facility for persons with |
a developmental disability developmentally disabled care |
facility conducted,
operated, or maintained by a care provider |
for persons with a developmental disability developmentally |
disabled care provider , and
means the developmentally disabled |
care provider's total revenue of the care provider for persons |
with a developmental disability for
inpatient residential |
services less contractual allowances and discounts on
|
patients' accounts, but does not include non-patient revenue |
from sources
such as contributions, donations or bequests, |
investments, day training
services, television and telephone |
service, and rental of facility space.
|
"Long-term care facility for persons under 22 years of age |
serving clinically complex residents" means a facility |
licensed by the Department of Public Health as a long-term care |
facility for persons under 22 meeting the qualifications of |
Section 5-5.4h of this Code. |
(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13; |
98-651, eff. 6-16-14.)
|
(305 ILCS 5/5C-2) (from Ch. 23, par. 5C-2)
|
Sec. 5C-2. Assessment; no local authorization to tax.
|
(a) For the privilege of engaging in the occupation of care |
|
provider for persons with a developmental disability |
developmentally
disabled care provider , an assessment is |
imposed upon each care provider for persons with a |
developmental disability developmentally
disabled care |
provider in an amount equal to 6%, or the maximum allowed under |
federal regulation, whichever is less, of its adjusted
gross |
developmentally disabled care revenue for the prior State |
fiscal
year. Notwithstanding any provision of any other Act to |
the contrary, this
assessment shall be construed as a tax, but |
may not be added to the charges
of an individual's nursing home |
care that is paid for in whole, or in part,
by a federal, |
State, or combined federal-state medical care program, except
|
those individuals receiving Medicare Part B benefits solely.
|
(b) Nothing in this amendatory Act of 1995 shall be |
construed
to authorize any home rule unit or other unit of |
local government to license
for revenue or impose a tax or |
assessment upon a care provider for persons with a |
developmental disability developmentally disabled care
|
provider or the occupation of care provider for persons with a |
developmental disability developmentally disabled care |
provider , or a tax
or assessment measured by the income or |
earnings of a care provider for persons with a developmental |
disability developmentally disabled
care provider .
|
(c) Effective July 1, 2013, for the privilege of engaging |
in the occupation of long-term care facility for persons under |
22 years of age serving clinically complex residents provider, |
|
an assessment is imposed upon each long-term care facility for |
persons under 22 years of age serving clinically complex |
residents provider in the same amount and upon the same |
conditions and requirements as imposed in Article V-B of this |
Code and a license fee is imposed in the same amount and upon |
the same conditions and requirements as imposed in Article V-E |
of this Code. Notwithstanding any provision of any other Act to |
the contrary, the assessment and license fee imposed by this |
subsection (c) shall be construed as a tax, but may not be |
added to the charges of an individual's nursing home care that |
is paid for in whole, or in part, by a federal, State, or |
combined federal-State medical care program, except for those |
individuals receiving Medicare Part B benefits solely. |
(Source: P.A. 98-651, eff. 6-16-14.)
|
(305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3)
|
Sec. 5C-3. Payment of assessment; penalty.
|
(a) The assessment imposed by Section 5C-2 for a State
|
fiscal year shall be due and payable in quarterly installments,
|
each equalling one-fourth of the assessment for the year, on
|
September 30, December 31, March 31, and May 31 of the year.
|
(b) The Illinois Department is authorized to establish
|
delayed payment schedules for care providers for persons with a |
developmental disability developmentally disabled care
|
providers that are unable to make installment payments when due
|
under this Section due to financial difficulties, as determined
|
|
by the Illinois Department.
|
(c) If a care provider for persons with a developmental |
disability developmentally disabled care provider fails to
pay |
the full amount of an installment when due (including any
|
extensions granted under subsection (b)), there shall, unless
|
waived by the Illinois Department for reasonable cause, be |
added
to the assessment imposed by Section 5C-2 for the State |
fiscal
year a penalty assessment equal to the lesser of (i) 5% |
of the
amount of the installment not paid on or before the due |
date plus
5% of the portion thereof remaining unpaid on the |
last day of
each month thereafter or (ii) 100% of the |
installment amount not
paid on or before the due date. For |
purposes of this subsection,
payments will be credited first to |
unpaid installment amounts
(rather than to penalty or |
interest), beginning with the most
delinquent installments.
|
(Source: P.A. 87-861; 88-88.)
|
(305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4)
|
Sec. 5C-4. Reporting; penalty; maintenance of records.
|
(a) After June 30 of each State fiscal year, and on or |
before
September 30 of the succeeding State fiscal year, every |
care provider for persons with a developmental disability |
developmentally
disabled care provider subject to assessment |
under this Article shall file
a return with the Illinois |
Department. The return shall report the
adjusted gross |
developmentally disabled care revenue from the State fiscal
|
|
year just ended and shall be utilized by the Illinois |
Department to
calculate the assessment for the State fiscal |
year commencing on the
preceding July 1. The return shall be on |
a form prepared by the Illinois
Department and shall state the |
following:
|
(1) The name of the care provider for persons with a |
developmental disability developmentally disabled care |
provider .
|
(2) The address of the care provider's developmentally |
disabled care
provider's principal place of business from |
which the provider engages in
the occupation of care |
provider for persons with a developmental disability |
developmentally disabled care provider in this
State, and |
the name and address of all care facilities for persons |
with a developmental disability developmentally disabled
|
care facilities operated or maintained by the provider in |
this State.
|
(3) The adjusted gross developmentally disabled care
|
revenue for the State fiscal year just ended, the amount of
|
assessment imposed under Section 5C-2 for the State fiscal |
year
for which the return is filed, and the amount of each |
quarterly
installment to be paid during the State fiscal |
year.
|
(4) The amount of penalty due, if any.
|
(5) Other reasonable information the Illinois |
Department requires.
|
|
(b) If a care provider for persons with a developmental |
disability developmentally disabled care provider operates
or |
maintains more than one care facility for persons with a |
developmental disability developmentally disabled care |
facility
in this State, the provider may not file a single |
return covering
all those care facilities for persons with a |
developmental disability developmentally disabled care |
facilities , but shall file
a separate return for each care |
facility for persons with a developmental disability |
developmentally disabled care
facility and shall compute and |
pay the assessment for each
care facility for persons with a |
developmental disability developmentally disabled care |
facility separately.
|
(c) Notwithstanding any other provision in this Article, a
|
person who ceases to conduct, operate, or maintain a
care |
facility for persons with a developmental disability |
developmentally disabled care facility in respect of which the
|
person is subject to assessment under this Article as a care |
provider for persons with a developmental disability |
developmentally
disabled care provider , the assessment for the |
State fiscal year
in which the cessation occurs shall be |
adjusted by multiplying
the assessment computed under Section |
5C-2 by a fraction, the
numerator of which is the number of |
months in the year during
which the provider conducts, |
operates, or maintains the
care facility for persons with a |
developmental disability developmentally disabled care |
|
facility and the denominator of
which is 12. The person shall |
file a final, amended return
with the Illinois Department not |
more than 90 days after the
cessation reflecting the adjustment |
and shall pay with the
final return the assessment for the year |
as so adjusted (to the
extent not previously paid).
|
(d) Notwithstanding any other provision of this Article, a
|
provider who commences conducting, operating, or maintaining a
|
care facility for persons with a developmental disability |
developmentally disabled care facility shall file an initial
|
return for the State fiscal year in which the commencement
|
occurs within 90 days thereafter and shall pay the assessment
|
computed under Section 5C-2 and subsection (e) in equal
|
installments on the due date of the return and on the regular
|
installment due dates for the State fiscal year occurring after
|
the due date of the initial return.
|
(e) Notwithstanding any other provision of this Article, in
|
the case of a care provider for persons with a developmental |
disability developmentally disabled care provider that did not
|
conduct, operate, or maintain a care facility for persons with |
a developmental disability developmentally disabled care
|
facility throughout the prior State fiscal year, the assessment
|
for that State fiscal year shall be computed on the basis of
|
hypothetical adjusted gross developmentally disabled care |
revenue
for the prior year as determined by rules adopted by
|
the Illinois Department (which may be based on annualization of
|
the provider's actual revenues for a portion of the State |
|
fiscal
year, or revenues of a comparable facility for such |
year,
including revenues realized by a prior provider from the |
same
facility during such year).
|
(f) In the case of a care provider for persons with a |
developmental disability developmentally disabled care |
provider
existing as a corporation or legal entity other than |
an
individual, the return filed by it shall be signed by its
|
president, vice-president, secretary, or treasurer or by its
|
properly authorized agent.
|
(g) If a care provider for persons with a developmental |
disability developmentally disabled care provider fails to
|
file its return for a State fiscal year on or before the due |
date
of the return, there shall, unless waived by the Illinois
|
Department for reasonable cause, be added to the assessment
|
imposed by Section 5C-2 for the State fiscal year a penalty
|
assessment equal to 25% of the assessment imposed for the year.
|
(h) Every care provider for persons with a developmental |
disability developmentally disabled care provider subject to
|
assessment under this Article shall keep records and books
that |
will permit the determination of adjusted gross |
developmentally disabled care revenue on a State fiscal year
|
basis. All such books and records shall be kept in the English
|
language and shall, at all times during business hours of the
|
day, be subject to inspection by the Illinois Department or its
|
duly authorized agents and employees.
|
(Source: P.A. 87-861.)
|
|
(305 ILCS 5/5C-5) (from Ch. 23, par. 5C-5)
|
Sec. 5C-5. Disposition of proceeds. The Illinois |
Department
shall pay all moneys received from care providers |
for persons with a developmental disability developmentally |
disabled care
providers under this Article into the Care
|
Provider Fund for Persons with a Developmental Disability. Upon |
certification by the Illinois Department
to the State |
Comptroller of its intent to withhold from a
provider under |
Section 5C-6(b), the State Comptroller shall
draw a warrant on |
the treasury or other fund held by the State
Treasurer, as |
appropriate. The warrant shall state the
amount for which the |
provider is entitled to a warrant, the
amount of the deduction, |
and the reason therefor and shall direct the
State Treasurer to |
pay the balance to the provider, all in
accordance with Section |
10.05 of the State Comptroller Act. The warrant
also shall |
direct the State Treasurer to transfer the amount of the
|
deduction so ordered from the treasury or other fund into the
|
Care Provider Fund for Persons with a Developmental Disability.
|
(Source: P.A. 98-463, eff. 8-16-13.)
|
(305 ILCS 5/5C-6) (from Ch. 23, par. 5C-6)
|
Sec. 5C-6. Administration; enforcement provisions.
|
(a) To the extent practicable, the Illinois Department |
shall administer and
enforce this Article and collect the |
assessments, interest, and
penalty assessments imposed under |
|
this Article, using procedures
employed in its administration |
of this Code generally and, as it deems
appropriate, in a |
manner similar to that in which the Department
of Revenue |
administers and collects the retailers' occupation tax
|
pursuant to the Retailers' Occupation Tax Act ("ROTA"). Instead
|
of certificates of registration, the Illinois Department shall
|
establish and maintain a listing of all care providers for |
persons with a developmental disability developmentally |
disabled
care providers appearing in the licensing records of |
the
Department of Public Health, which shall show each |
provider's
name, principal place of business, and the name and |
address of
each care facility for persons with a developmental |
disability developmentally disabled care facility operated or |
maintained by the
provider in this State. In addition, the |
following Retailers' Occupation
Tax Act provisions are |
incorporated by reference into this Section, except
that the |
Illinois Department and its Director (rather than the |
Department
of Revenue and its Director) and every care provider |
for persons with a developmental disability developmentally |
disabled care
provider subject to assessment measured by |
adjusted gross developmentally
disabled care revenue and to the |
return filing requirements of this Article
(rather than persons |
subject to retailers' occupation tax measured by gross
receipts |
from the sale of tangible personal property at retail and to |
the
return filing requirements of ROTA) shall have the powers, |
duties, and
rights specified in these ROTA provisions, as |
|
modified in this Section or
by the Illinois Department in a |
manner consistent with this Article and
except as manifestly |
inconsistent with the other provisions of this Article:
|
(1) ROTA, Section 4 (examination of return; notice of
|
correction; evidence; limitations; protest and hearing), |
except
that (i) the Illinois Department shall issue notices |
of
assessment liability (rather than notices of tax |
liability as
provided in ROTA, Section 4); (ii) in the case |
of a fraudulent
return or in the case of an extended period |
agreed to by the
Illinois Department and the care provider |
for persons with a developmental disability |
developmentally disabled care
provider before the |
expiration of the limitation period, no
notice of |
assessment liability shall be issued more than 3 years
|
after the later of the due date of the return required by |
Section
5C-5 or the date the return (or an amended return) |
was filed
(rather within the period stated in ROTA, Section |
4); and (iii) the penalty
provisions of ROTA, Section 4 |
shall not apply.
|
(2) ROTA, Section 5 (failure to make return; failure to |
pay
assessment), except that the penalty and interest |
provisions
of ROTA, Section 5 shall not apply.
|
(3) ROTA, Section 5a (lien; attachment; termination; |
notice;
protest; review; release of lien; status of lien).
|
(4) ROTA, Section 5b (State lien notices; State lien |
index;
duties of recorder and registrar of titles).
|
|
(5) ROTA, Section 5c (liens; certificate of release).
|
(6) ROTA, Section 5d (Department not required to |
furnish bond;
claim to property attached or levied upon).
|
(7) ROTA, Section 5e (foreclosure on liens; |
enforcement).
|
(8) ROTA, Section 5f (demand for payment; levy and sale |
of
property; limitation).
|
(9) ROTA, Section 5g (sale of property; redemption).
|
(10) ROTA, Section 5j (sales on transfers outside usual |
course
of business; report; payment of assessment; rights |
and duties of
purchaser; penalty).
|
(11) ROTA, Section 6 (erroneous payments; credit or |
refund),
provided that (i) the Illinois Department may only |
apply an
amount otherwise subject to credit or refund to a |
liability
arising under this Article; (ii) except in the |
case of an
extended period agreed to by the Illinois |
Department and the
care provider for persons with a |
developmental disability developmentally disabled care |
provider prior to the expiration of
this limitation period, |
a claim for credit or refund must be
filed no more than 3 |
years after the due date of the return
required by Section |
5C-5 (rather than the time limitation stated
in ROTA, |
Section 6); and (iii) credits or refunds shall not bear |
interest.
|
(12) ROTA, Section 6a (claims for credit or refund).
|
(13) ROTA, Section 6b (tentative determination of |
|
claim; notice;
hearing; review), provided that a care |
provider for persons with a developmental disability |
developmentally disabled care
provider or its |
representative shall have 60 days (rather than 20
days) |
within which to file a protest and request for hearing in
|
response to a tentative determination of claim.
|
(14) ROTA, Section 6c (finality of tentative |
determinations).
|
(15) ROTA, Section 8 (investigations and hearings).
|
(16) ROTA, Section 9 (witness; immunity).
|
(17) ROTA, Section 10 (issuance of subpoenas; |
attendance of
witnesses; production of books and records).
|
(18) ROTA, Section 11 (information confidential; |
exceptions).
|
(19) ROTA, Section 12 (rules and regulations; hearing;
|
appeals), except that a care provider for persons with a |
developmental disability developmentally disabled care |
provider
shall not be required to file a bond or be subject |
to a lien in
lieu thereof in order to seek court review |
under the
Administrative Review Law of a final assessment |
or revised final
assessment or the equivalent thereof |
issued by the Illinois
Department under this Article.
|
(b) In addition to any other remedy provided for and |
without sending a
notice of assessment liability, the Illinois |
Department may collect an
unpaid assessment by withholding, as |
payment of the assessment,
reimbursements or other amounts |
|
otherwise payable by the Illinois
Department to the provider.
|
(Source: P.A. 87-861.)
|
(305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)
|
Sec. 5C-7. Care Provider Fund for Persons with a |
Developmental Disability.
|
(a) There is created in the State Treasury the
Care |
Provider Fund for Persons with a Developmental Disability. |
Interest earned by the Fund shall be credited to the
Fund. The |
Fund shall not be used to replace any moneys appropriated to |
the
Medicaid program by the General Assembly.
|
(b) The Fund is created for the purpose of receiving and
|
disbursing assessment moneys in accordance with this Article.
|
Disbursements from the Fund shall be made only as follows:
|
(1) For payments to intermediate care facilities for |
persons with a developmental disability the
|
developmentally disabled under Title XIX of the Social |
Security
Act and Article V of this Code.
|
(2) For the reimbursement of moneys collected by the
|
Illinois Department through error or mistake, and to make
|
required payments under Section 5-4.28(a)(1) of this Code |
if
there are no moneys available for such payments in the |
Medicaid
Provider for Persons with a Developmental |
Disability Developmentally Disabled Provider Participation |
Fee Trust Fund.
|
(3) For payment of administrative expenses incurred by |
|
the Department of Human Services or its
agent or the |
Illinois Department or its agent in performing the |
activities
authorized by this Article.
|
(4) For payments of any amounts which are reimbursable |
to
the federal government for payments from this Fund which |
are
required to be paid by State warrant.
|
(5) For making transfers to the General Obligation Bond
|
Retirement and Interest Fund as those transfers are |
authorized in
the proceedings authorizing debt under the |
Short Term Borrowing Act,
but transfers made under this |
paragraph (5) shall not exceed the
principal amount of debt |
issued in anticipation of the receipt by
the State of |
moneys to be deposited into the Fund.
|
(6) For making refunds as required under Section 5C-10 |
of this Article. |
Disbursements from the Fund, other than transfers to the
|
General Obligation Bond Retirement and Interest Fund, shall be |
by
warrants drawn by the State Comptroller upon receipt of |
vouchers
duly executed and certified by the Illinois |
Department.
|
(c) The Fund shall consist of the following:
|
(1) All moneys collected or received by the Illinois
|
Department from the care provider for persons with a |
developmental disability developmentally disabled care |
provider
assessment imposed by this Article.
|
(2) All federal matching funds received by the Illinois
|
|
Department as a result of expenditures made by the Illinois
|
Department that are attributable to moneys deposited in the |
Fund.
|
(3) Any interest or penalty levied in conjunction with |
the
administration of this Article.
|
(4) Any balance in the Medicaid Care Provider for |
Persons With a Developmental Disability Developmentally |
Disabled
Care Provider Participation Fee Trust Fund in the |
State Treasury.
The balance shall be transferred to the |
Fund upon certification
by the Illinois Department to the |
State Comptroller that all of
the disbursements required by |
Section 5-4.21(b) of this Code have
been made.
|
(5) All other moneys received for the Fund from any |
other
source, including interest earned thereon.
|
(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)
|
(305 ILCS 5/5C-8) (from Ch. 23, par. 5C-8)
|
Sec. 5C-8. Applicability. The assessment imposed by |
Section 5C-2
shall cease to be imposed if the amount of |
matching federal funds
under Title XIX of the Social Security |
Act is eliminated or significantly
reduced on account of the |
assessment. Assessments imposed prior
thereto shall be |
disbursed in accordance with Section 5C-7 to the
extent federal |
matching is not reduced by the assessments, and
any remaining |
assessments shall be refunded to care providers for persons |
with a developmental disability developmentally
disabled care |
|
providers in proportion to the amounts paid by
them.
|
(Source: P.A. 87-861.)
|
(305 ILCS 5/5C-10) |
Sec. 5C-10. Adjustments. For long-term care facilities for |
persons under 22 years of age serving clinically complex |
residents previously classified as care facilities for persons |
with a developmental disability developmentally disabled care |
facilities under this Article, the Department shall refund any |
amounts paid under this Article in State fiscal year 2014 by |
the end of State fiscal year 2015 with at least half the refund |
amount being made prior to December 31, 2014. The amounts |
refunded shall be based on amounts paid by the facilities to |
the Department as the assessment under subsection (a) of |
Section 5C-2 less any assessment and license fee due for State |
fiscal year 2014.
|
(Source: P.A. 98-651, eff. 6-16-14.)
|
(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
|
Sec. 6-1.2. Need. Income available to the person, when |
added to
contributions in money, substance, or services from |
other sources,
including contributions from legally |
responsible relatives, must be
insufficient to equal the grant |
amount established by Department regulation
(or by local |
governmental unit in units which do not receive State funds)
|
for such a person.
|
|
In determining income to be taken into account:
|
(1) The first $75 of earned income in income assistance |
units
comprised exclusively of one adult person shall be |
disregarded, and for not
more than 3 months in any 12 |
consecutive months that portion
of earned income beyond the |
first $75 that is the difference between the
standard of |
assistance and the grant amount, shall be disregarded.
|
(2) For income assistance units not comprised |
exclusively of one adult
person, when authorized by rules |
and regulations of the Illinois
Department, a portion of |
earned income, not to exceed the first $25 a month
plus 50% |
of the next $75, may be disregarded for the purpose of |
stimulating
and aiding rehabilitative effort and |
self-support activity.
|
"Earned income" means money earned in self-employment or |
wages, salary,
or commission for personal services performed as |
an employee. The eligibility
of any applicant for or recipient |
of public aid under this Article is not
affected by the payment |
of any grant under the "Senior Citizens and Persons with |
Disabilities Disabled
Persons Property Tax Relief Act", any
|
refund
or payment of the federal Earned Income Tax Credit, or |
any distributions or
items of income described under |
subparagraph (X) of
paragraph (2) of subsection (a) of Section |
203 of the Illinois Income Tax
Act.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
|
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
|
Sec. 6-2. Amount of aid. The amount and nature of General |
Assistance
for basic maintenance requirements shall be |
determined in accordance
with local budget standards for local |
governmental units which do not receive
State funds. For local |
governmental units which do receive State funds,
the amount and |
nature of General Assistance for basic maintenance |
requirements
shall be determined in accordance with the |
standards, rules and regulations
of the Illinois Department. |
However,
the amount and nature of any
financial aid is not |
affected by the payment of any grant under the
Senior Citizens |
and Persons with Disabilities Disabled Persons Property Tax |
Relief Act
or any distributions or items of income described |
under subparagraph (X) of
paragraph (2) of subsection (a) of |
Section 203 of the Illinois Income Tax
Act. Due regard shall be |
given to the
requirements and the conditions existing in each |
case, and to the income,
money contributions and other support |
and resources available, from
whatever source. In local |
governmental units which do not receive State
funds, the grant |
shall be sufficient when added to all other income, money
|
contributions and support in excess of any excluded income or |
resources, to
provide the person with a grant in the amount |
established for such a person
by the local governmental unit |
based upon standards meeting basic
maintenance requirements. |
In local governmental units which
do receive State funds, the |
grant shall be sufficient when added to all
other income, money |
|
contributions and support in excess of any excluded
income or |
resources, to provide the person with a grant in the amount
|
established for such a person by Department regulation based |
upon standards
providing a livelihood compatible with health |
and well-being, as directed
by Section 12-4.11 of this Code.
|
The Illinois Department may conduct special projects, |
which may be
known as Grant Diversion Projects, under which |
recipients of financial aid
under this Article are placed in |
jobs and their grants are diverted to the
employer who in turn |
makes payments to the recipients in the form of salary
or other |
employment benefits. The Illinois Department shall by rule |
specify
the terms and conditions of such Grant Diversion |
Projects. Such projects
shall take into consideration and be |
coordinated with the programs
administered under the Illinois |
Emergency Employment Development Act.
|
The allowances provided under Article IX for recipients |
participating in
the training and rehabilitation programs |
shall be in addition to such
maximum payment.
|
Payments may also be made to provide persons receiving |
basic
maintenance support with necessary treatment, care and |
supplies required
because of illness or disability or with |
acute medical treatment, care,
and supplies.
Payments for |
necessary or acute medical
care under
this paragraph may be |
made to or in behalf of the person. Obligations
incurred for |
such services but not paid for at the time of a recipient's
|
death may be paid, subject to the rules and regulations of the |
|
Illinois
Department, after the death of the recipient.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
|
Sec. 6-11. General Assistance.
|
(a) Effective July 1, 1992, all State funded General |
Assistance and related
medical benefits shall be governed by |
this Section, provided that, notwithstanding any other |
provisions of this Code to the contrary, on and after July 1, |
2012, the State shall not fund the programs outlined in this |
Section. Other parts of this Code
or other laws related to |
General Assistance shall remain in effect to the
extent they do |
not conflict with the provisions of this Section. If any other
|
part of this Code or other laws of this State conflict with the |
provisions of
this Section, the provisions of this Section |
shall control.
|
(b) General Assistance may consist of 2 separate
programs. |
One program shall be for adults with no children and shall be
|
known as Transitional Assistance. The other program may be for
|
families with children and for pregnant women and shall be |
known as
Family and Children Assistance.
|
(c) (1) To be eligible for Transitional Assistance on or |
after July
1, 1992, an individual must be ineligible for |
assistance under any other
Article of this Code, must be |
determined chronically needy, and must be one of
the following:
|
(A) age 18 or over or
|
|
(B) married and living with a spouse, regardless of |
age.
|
(2) The local governmental unit shall determine
whether |
individuals are chronically needy as follows:
|
(A) Individuals who have applied for Supplemental |
Security Income (SSI)
and are awaiting a decision on |
eligibility for SSI who are determined to be a person with |
a disability disabled
by
the Illinois Department using the |
SSI standard shall be considered chronically
needy, except |
that individuals whose disability is based solely on |
substance
addictions (drug abuse and alcoholism) and whose |
disability would cease were
their addictions to end shall |
be eligible only for medical assistance and shall
not be |
eligible for cash assistance under the Transitional |
Assistance
program.
|
(B) (Blank).
|
(C) The unit of local government may specify other |
categories of
individuals as chronically needy; nothing in |
this Section, however, shall be
deemed to require the |
inclusion of any specific category other than as
specified |
in paragraph (A).
|
(3) For individuals in Transitional Assistance, medical |
assistance may
be provided by the unit of local government in |
an amount and nature determined by the unit of local |
government. Nothing in this paragraph (3) shall be construed to |
require the coverage of
any particular medical service. In |
|
addition, the amount and nature of medical
assistance provided |
may be different for different categories of individuals
|
determined chronically needy.
|
(4) (Blank).
|
(5) (Blank).
|
(d) (1) To be eligible for Family and Children Assistance, |
a
family unit must be ineligible for assistance under any other |
Article of
this Code and must contain a child who is:
|
(A) under age 18 or
|
(B) age 18 and a full-time student in a secondary |
school or the
equivalent level of vocational or technical |
training, and who may
reasonably be expected to complete |
the program before reaching age 19.
|
Those children shall be eligible for Family and Children |
Assistance.
|
(2) The natural or adoptive parents of the child living in |
the same
household may be eligible for Family and Children |
Assistance.
|
(3) A pregnant woman whose pregnancy has been verified |
shall be
eligible for income maintenance assistance under the |
Family and
Children Assistance program.
|
(4) The amount and nature of medical assistance provided |
under the
Family and Children Assistance program shall be |
determined by the unit of local government. The amount and |
nature of medical
assistance provided
need not be the same as |
that provided under paragraph (3) of
subsection (c) of this |
|
Section, and nothing in this paragraph (4) shall be
construed |
to require the coverage of any particular medical service.
|
(5) (Blank).
|
(e) A local governmental unit that chooses to participate |
in a
General Assistance program under this Section shall |
provide
funding in accordance with Section 12-21.13 of this |
Act.
Local governmental funds used to qualify for State funding |
may only be
expended for clients eligible for assistance under |
this Section 6-11 and
related administrative expenses.
|
(f) (Blank).
|
(g) (Blank).
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
(305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
|
Sec. 11-20. Employment registration; duty to accept |
employment. This
Section applies to employment and training
|
programs other than those for recipients of assistance under |
Article IV.
|
(1) Each applicant or recipient and dependent member of
the |
family age 16 or over who is able to engage in employment and |
who is
unemployed, or employed for less than the full working |
time for the occupation
in which he or she is engaged, shall |
maintain a current registration for
employment or additional |
employment with the system of free public employment
offices |
maintained in this State by the State Department of Employment
|
Security under the Public Employment Office Act and shall |
|
utilize the job
placement
services and other facilities of such |
offices unless the Illinois
Department otherwise provides by |
rule for programs administered by the
Illinois Department.
|
(2) Every person age 16 or over shall be deemed "able to |
engage in
employment", as that term is used herein, unless (a) |
the person has an
illness certified by the attending |
practitioner as precluding his or her
engagement in employment |
of any type for a time period stated in the
practitioner's |
certification; or (b) the person has a medically determinable
|
physical or mental impairment, disease or loss of indefinite |
duration and
of such severity that he or she cannot perform |
labor or services in any
type of gainful work which exists in |
the national economy, including work
adjusted for persons with |
physical or mental disabilities handicap ; or (c) the person
is |
among the classes of persons exempted by paragraph 5 of this |
Section.
A person described in clauses (a), (b) or (c) of the |
preceding sentence
shall be classified as "temporarily |
unemployable". The Illinois Department
shall provide by rule |
for periodic review of the circumstances of persons
classified |
as "temporarily unemployable".
|
(3) The Illinois Department shall provide through rules and |
regulations
for sanctions against applicants and recipients of |
aid under this Code
who fail or refuse to cooperate, without |
good cause, as defined by rule of
the Illinois Department, to |
accept a bona fide offer of employment in which
he or she is |
able to engage either in the community of the person's
|
|
residence or within reasonable commuting distance therefrom.
|
The Illinois Department may provide by rule for the grant |
or continuation
of aid for a temporary period, if federal law |
or regulation so permits or
requires, to a person who refuses |
employment without good cause if he or
she accepts counseling |
or other services designed to increase motivation
and |
incentives for accepting employment.
|
(4) Without limiting other criteria which the Illinois |
Department may
establish, it shall be good cause of refusal if
|
(a) the wage does not meet applicable minimum wage |
requirements,
|
(b) there being no applicable minimum wage as |
determined in (a), the wage
is certified by the Illinois |
Department of Labor as being less than that
which is |
appropriate for the work to be performed, or
|
(c) acceptance of the offer involves a substantial |
threat to the health
or safety of the person or any of his |
or her dependents.
|
(5) The requirements of registration and acceptance of |
employment shall
not apply (a) to a parent or other person |
needed at home
to provide personal care and supervision to a |
child or children unless,
in accordance with the rules and |
regulations of the Illinois Department,
suitable arrangements |
have been or can be made for such care and
supervision
during |
the hours of the day the parent or other person is out of the |
home
because of employment; (b) to a person age 16 or over in |
|
regular attendance
in school, as defined in Section 4-1.1; or |
(c) to a person whose presence
in the home on a substantially |
continuous basis is required because of the
illness or |
incapacity of another member of the household.
|
(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
|
(305 ILCS 5/12-4.42)
|
Sec. 12-4.42. Medicaid Revenue Maximization. |
(a) Purpose. The General Assembly finds that there is a |
need to make changes to the administration of services provided |
by State and local governments in order to maximize federal |
financial participation. |
(b) Definitions. As used in this Section: |
"Community Medicaid mental health services" means all |
mental health services outlined in Section 132 of Title 59 of |
the Illinois Administrative Code that are funded through DHS, |
eligible for federal financial participation, and provided by a |
community-based provider. |
"Community-based provider" means an entity enrolled as a |
provider pursuant to Sections 140.11 and 140.12 of Title 89 of |
the Illinois Administrative Code and certified to provide |
community Medicaid mental health services in accordance with |
Section 132 of Title 59 of the Illinois Administrative Code. |
"DCFS" means the Department of Children and Family |
Services. |
"Department" means the Illinois Department of Healthcare |
|
and Family Services. |
" Care facility for persons with a developmental disability |
Developmentally disabled care facility " means an intermediate |
care facility for persons with an intellectual disability the |
intellectually disabled within the meaning of Title XIX of the |
Social Security Act, whether public or private and whether |
organized for profit or not-for-profit, but shall not include |
any facility operated by the State. |
" Care provider for persons with a developmental disability |
Developmentally disabled care provider " means a person |
conducting, operating, or maintaining a care facility for |
persons with a developmental disability developmentally |
disabled care facility . For purposes of this definition, |
"person" means any political subdivision of the State, |
municipal corporation, individual, firm, partnership, |
corporation, company, limited liability company, association, |
joint stock association, or trust, or a receiver, executor, |
trustee, guardian, or other representative appointed by order |
of any court. |
"DHS" means the Illinois Department of Human Services. |
"Hospital" means an institution, place, building, or |
agency located in this State that is licensed as a general |
acute hospital by the Illinois Department of Public Health |
under the Hospital Licensing Act, whether public or private and |
whether organized for profit or not-for-profit. |
"Long term care facility" means (i) a skilled nursing or |
|
intermediate long term care facility, whether public or private |
and whether organized for profit or not-for-profit, that is |
subject to licensure by the Illinois Department of Public |
Health under the Nursing Home Care Act, including a county |
nursing home directed and maintained under Section 5-1005 of |
the Counties Code, and (ii) a part of a hospital in which |
skilled or intermediate long term care services within the |
meaning of Title XVIII or XIX of the Social Security Act are |
provided; except that the term "long term care facility" does |
not include a facility operated solely as an intermediate care |
facility for the intellectually disabled within the meaning of |
Title XIX of the Social Security Act. |
"Long term care provider" means (i) a person licensed by |
the Department of Public Health to operate and maintain a |
skilled nursing or intermediate long term care facility or (ii) |
a hospital provider that provides skilled or intermediate long |
term care services within the meaning of Title XVIII or XIX of |
the Social Security Act. For purposes of this definition, |
"person" means any political subdivision of the State, |
municipal corporation, individual, firm, partnership, |
corporation, company, limited liability company, association, |
joint stock association, or trust, or a receiver, executor, |
trustee, guardian, or other representative appointed by order |
of any court. |
"State-operated facility for persons with a developmental |
disability developmentally disabled care facility " means an |
|
intermediate care facility for persons with an intellectual |
disability the intellectually disabled within the meaning of |
Title XIX of the Social Security Act operated by the State. |
(c) Administration and deposit of Revenues. The Department |
shall coordinate the implementation of changes required by this |
amendatory Act of the 96th General Assembly amongst the various |
State and local government bodies that administer programs |
referred to in this Section. |
Revenues generated by program changes mandated by any |
provision in this Section, less reasonable administrative |
costs associated with the implementation of these program |
changes, which would otherwise be deposited into the General |
Revenue Fund shall be deposited into the Healthcare Provider |
Relief Fund. |
The Department shall issue a report to the General Assembly |
detailing the implementation progress of this amendatory Act of |
the 96th General Assembly as a part of the Department's Medical |
Programs annual report for fiscal years 2010 and 2011. |
(d) Acceleration of payment vouchers. To the extent |
practicable and permissible under federal law, the Department |
shall create all vouchers for long term care facilities and |
facilities for persons with a developmental disability |
developmentally disabled care facilities for dates of service |
in the month in which the enhanced federal medical assistance |
percentage (FMAP) originally set forth in the American Recovery |
and Reinvestment Act (ARRA) expires and for dates of service in |
|
the month prior to that month and shall, no later than the 15th |
of the month in which the enhanced FMAP expires, submit these |
vouchers to the Comptroller for payment. |
The Department of Human Services shall create the necessary |
documentation for State-operated facilities for persons with a |
developmental disability developmentally disabled care |
facilities so that the necessary data for all dates of service |
before the expiration of the enhanced FMAP originally set forth |
in the ARRA can be adjudicated by the Department no later than |
the 15th of the month in which the enhanced FMAP expires. |
(e) Billing of DHS community Medicaid mental health |
services. No later than July 1, 2011, community Medicaid mental |
health services provided by a community-based provider must be |
billed directly to the Department. |
(f) DCFS Medicaid services. The Department shall work with |
DCFS to identify existing programs, pending qualifying |
services, that can be converted in an economically feasible |
manner to Medicaid in order to secure federal financial |
revenue. |
(g) Third Party Liability recoveries. The Department shall |
contract with a vendor to support the Department in |
coordinating benefits for Medicaid enrollees. The scope of work |
shall include, at a minimum, the identification of other |
insurance for Medicaid enrollees and the recovery of funds paid |
by the Department when another payer was liable. The vendor may |
be paid a percentage of actual cash recovered when practical |
|
and subject to federal law. |
(h) Public health departments.
The Department shall |
identify unreimbursed costs for persons covered by Medicaid who |
are served by the Chicago Department of Public Health. |
The Department shall assist the Chicago Department of |
Public Health in determining total unreimbursed costs |
associated with the provision of healthcare services to |
Medicaid enrollees. |
The Department shall determine and draw the maximum |
allowable federal matching dollars associated with the cost of |
Chicago Department of Public Health services provided to |
Medicaid enrollees. |
(i) Acceleration of hospital-based payments.
The |
Department shall, by the 10th day of the month in which the |
enhanced FMAP originally set forth in the ARRA expires, create |
vouchers for all State fiscal year 2011 hospital payments |
exempt from the prompt payment requirements of the ARRA. The |
Department shall submit these vouchers to the Comptroller for |
payment.
|
(Source: P.A. 96-1405, eff. 7-29-10; 97-48, eff. 6-28-11; |
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-813, eff. |
7-13-12.)
|
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
|
Sec. 12-5. Appropriations; uses; federal grants; report to
|
General Assembly. From the sums appropriated by the General |
|
Assembly,
the Illinois Department shall order for payment by |
warrant from the State
Treasury grants for public aid under |
Articles III, IV, and V,
including
grants for funeral and |
burial expenses, and all costs of administration of
the |
Illinois Department and the County Departments relating |
thereto. Moneys
appropriated to the Illinois Department for |
public aid under Article VI may
be used, with the consent of |
the Governor, to co-operate
with federal, State, and local |
agencies in the development of work
projects designed to |
provide suitable employment for persons receiving
public aid |
under Article VI. The Illinois Department, with the consent
of |
the Governor, may be the agent of the State for the receipt and
|
disbursement of federal funds or commodities for public aid |
purposes
under Article VI and for related purposes in which the
|
co-operation of the Illinois Department is sought by the |
federal
government, and, in connection therewith, may make |
necessary
expenditures from moneys appropriated for public aid |
under any Article
of this Code and for administration. The |
Illinois Department, with the
consent of the Governor, may be |
the agent of the State for the receipt and
disbursement of |
federal funds pursuant to the Immigration Reform and
Control |
Act of 1986 and may make necessary expenditures from monies
|
appropriated to it for operations, administration, and grants, |
including
payment to the Health Insurance Reserve Fund for |
group insurance costs at
the rate certified by the Department |
of Central Management Services. All
amounts received by the |
|
Illinois Department pursuant to the Immigration Reform
and |
Control Act of 1986 shall be deposited in the Immigration |
Reform and
Control Fund. All amounts received into the |
Immigration Reform and Control
Fund as reimbursement for |
expenditures from the General Revenue Fund shall be
transferred |
to the General Revenue Fund.
|
All grants received by the Illinois Department for programs |
funded by the
Federal Social Services Block Grant shall be |
deposited in the Social Services
Block Grant Fund. All funds |
received into the Social Services Block Grant Fund
as |
reimbursement for expenditures from the General Revenue Fund |
shall be
transferred to the General Revenue Fund. All funds |
received into the Social
Services Block Grant fund for |
reimbursement for expenditure out of the Local
Initiative Fund |
shall be transferred into the Local Initiative Fund. Any other
|
federal funds received into the Social Services Block Grant |
Fund shall be
transferred to the Special Purposes Trust Fund. |
All federal funds received by
the Illinois Department as |
reimbursement for Employment and Training Programs
for |
expenditures made by the Illinois Department from grants, |
gifts, or
legacies as provided in Section 12-4.18 or made by an |
entity other than the
Illinois Department shall be deposited |
into the Employment and Training Fund,
except that federal |
funds received as reimbursement as a result of the
|
appropriation made for the costs of providing adult education |
to public
assistance recipients under the "Adult Education, |
|
Public Assistance Fund" shall
be deposited into the General |
Revenue Fund; provided, however, that all funds,
except those |
that are specified in an interagency agreement between the
|
Illinois Community College Board and the Illinois Department, |
that are received
by the Illinois Department as reimbursement |
under Title IV-A of the Social
Security Act for
expenditures |
that are made by the Illinois Community College Board or any
|
public community college of this State shall be credited to a |
special account
that the State Treasurer shall establish and |
maintain within the Employment and
Training Fund for the |
purpose of segregating the reimbursements received for
|
expenditures made by those entities. As reimbursements are |
deposited into the
Employment and Training Fund, the Illinois |
Department shall certify to the
State Comptroller and State |
Treasurer the amount that is to be credited to the
special |
account established within that Fund as a reimbursement for
|
expenditures under Title IV-A of the Social Security Act made |
by the Illinois Community College
Board or any of the public |
community colleges. All amounts credited to the
special account |
established and maintained within the Employment and Training
|
Fund as provided in this Section shall be held for transfer to |
the TANF
Opportunities Fund as provided in subsection (d) of |
Section 12-10.3, and shall
not be transferred to any other fund |
or used for any other purpose.
|
Eighty percent of the federal financial participation |
funds received by the
Illinois Department under the Title IV-A |
|
Emergency Assistance program as
reimbursement for expenditures |
made from the Illinois Department of Children
and Family |
Services appropriations for the costs of providing services in
|
behalf of Department of Children and Family Services clients |
shall be deposited
into the DCFS Children's Services
Fund.
|
All federal funds, except those covered by the foregoing 3
|
paragraphs, received as reimbursement for expenditures from |
the General Revenue
Fund shall be deposited in the General |
Revenue Fund for administrative and
distributive expenditures |
properly chargeable by federal law or regulation to
aid |
programs established under Articles III through XII and Titles |
IV, XVI, XIX
and XX of the Federal Social Security Act. Any |
other federal funds received by
the Illinois Department under |
Sections 12-4.6, 12-4.18 and
12-4.19 that are required by |
Section 12-10 of this Code to be paid into the
Special Purposes |
Trust Fund shall be deposited into the Special Purposes Trust
|
Fund. Any other federal funds received by the Illinois |
Department pursuant to
the Child Support Enforcement Program |
established by Title IV-D of the Social
Security Act shall be |
deposited in the Child Support Enforcement Trust Fund
as |
required under Section 12-10.2 or in the Child Support |
Administrative Fund as required under Section 12-10.2a of this |
Code. Any other federal funds
received by the Illinois |
Department for medical assistance program expenditures
made |
under Title XIX of the Social Security Act and Article V of |
this Code that
are required by
Section 5-4.21 of this Code to |
|
be paid into the Medicaid Provider for Persons with a |
Developmental Disability Developmentally
Disabled Provider |
Participation Fee Trust Fund shall be deposited into the
|
Medicaid Provider for Persons with a Developmental Disability |
Developmentally Disabled Provider Participation Fee Trust |
Fund. Any
other federal funds received by the Illinois |
Department for medical
assistance program expenditures made |
under Title XIX of the Social
Security Act and Article V of |
this Code that are required by
Section 5-4.31 of this Code to |
be paid into the Medicaid Long Term Care
Provider Participation |
Fee Trust Fund shall be deposited into the Medicaid
Long Term |
Care Provider Participation Fee Trust Fund. Any other federal |
funds
received by the Illinois
Department for hospital |
inpatient, hospital ambulatory care, and
disproportionate |
share hospital expenditures made under Title XIX of the
Social |
Security Act and Article V of this Code that are
required by |
Section 14-2 of this Code to be paid into the Hospital Services
|
Trust Fund shall be deposited into the Hospital Services
Trust |
Fund. Any other federal funds received by the Illinois |
Department for
expenditures made under Title XIX of the Social |
Security Act and Articles
V and VI of this Code that are |
required by Section 15-2 of this Code
to be paid into the |
County Provider Trust Fund shall be deposited
into the County |
Provider Trust Fund. Any other federal funds received
by the |
Illinois Department for hospital
inpatient, hospital |
ambulatory care, and disproportionate share hospital
|
|
expenditures made under Title XIX of the Social Security Act |
and Article V of
this Code that are required by Section 5A-8 of |
this Code to be paid into the
Hospital Provider Fund shall be |
deposited into the Hospital Provider Fund. Any
other federal |
funds received by the Illinois Department for medical
|
assistance program expenditures made under Title XIX of the |
Social Security
Act and Article V of this Code that are |
required by Section 5B-8 of this
Code to be paid into the |
Long-Term Care Provider Fund shall be deposited
into the |
Long-Term Care Provider Fund. Any other federal funds received |
by
the Illinois Department for medical assistance program |
expenditures made
under Title XIX of the Social Security Act |
and Article V of this Code that
are required by Section 5C-7 of |
this Code to be paid into the
Care Provider Fund for Persons |
with a Developmental Disability shall be deposited into the
|
Care Provider Fund for Persons with a Developmental Disability. |
Any other federal funds received
by the Illinois Department for |
trauma center
adjustment payments that are required by Section |
5-5.03 of this Code and made
under Title XIX of the Social |
Security Act and Article V of this Code shall be
deposited into |
the Trauma Center Fund. Any other federal funds received by
the |
Illinois Department as reimbursement for expenses for early |
intervention
services paid from the Early Intervention |
Services Revolving Fund shall be
deposited into that Fund.
|
The Illinois Department shall report to the General |
Assembly at the
end of each fiscal quarter the amount of all |
|
funds received and paid into
the Social Service Block Grant |
Fund and the Local Initiative Fund and the
expenditures and |
transfers of such funds for services, programs and other
|
purposes authorized by law. Such report shall be filed with the |
Speaker,
Minority Leader and Clerk of the House, with the |
President, Minority Leader
and Secretary of the Senate, with |
the Chairmen of the House and Senate
Appropriations Committees, |
the House Human Resources Committee and the
Senate Public |
Health, Welfare and Corrections Committee, or the successor
|
standing Committees of each as provided by the rules of the |
House and
Senate, respectively, with the Legislative Research |
Unit and with the State
Government Report Distribution Center |
for the General Assembly as is
required under paragraph (t) of |
Section 7 of the State Library Act
shall be deemed sufficient |
to comply with this Section.
|
(Source: P.A. 98-463, eff. 8-16-13.)
|
Section 645. The Energy Assistance Act is amended by |
changing Section 6 as follows:
|
(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
|
Sec. 6. Eligibility, Conditions of Participation, and |
Energy Assistance.
|
(a) Any person who is a resident of the State of Illinois |
and whose
household income is not greater than an amount |
determined annually by the
Department, in consultation with the |
|
Policy Advisory Council, may
apply for assistance pursuant to |
this Act in accordance with regulations
promulgated by the |
Department. In setting the annual eligibility level, the
|
Department shall consider the amount of available funding and |
may not set a
limit higher than 150% of the federal nonfarm |
poverty level as established by
the federal Office of |
Management and Budget; except that for the period ending June |
30, 2013, the Department may not establish limits higher than |
200% of that poverty level or the maximum level provided for by |
federal guidelines.
|
(b) Applicants who qualify for assistance pursuant to |
subsection (a) of
this Section shall, subject to appropriation |
from the General Assembly and
subject to availability of funds |
to the Department, receive energy
assistance as provided by |
this Act. The Department, upon receipt
of monies authorized |
pursuant to this Act for energy assistance, shall commit
funds |
for each qualified applicant in an amount determined by the
|
Department. In determining the amounts of assistance to be |
provided to or
on behalf of a qualified applicant, the |
Department shall ensure that the
highest amounts of assistance |
go to households with the greatest energy
costs in relation to |
household income. The Department shall include
factors such as |
energy costs, household size, household income, and region
of |
the State when determining individual household benefits. In |
setting
assistance levels, the Department shall attempt to |
provide assistance to
approximately the same number of |
|
households who participated in the 1991
Residential Energy |
Assistance Partnership Program. Such assistance levels
shall |
be adjusted annually on the basis of funding
availability and |
energy costs. In promulgating rules for the
administration of |
this
Section the Department shall assure that a minimum of 1/3 |
of funds
available for benefits to eligible households with the |
lowest incomes and that elderly households and households with |
persons with disabilities and
disabled households are offered a |
priority application
period.
|
(c) If the applicant is not a customer of record of an |
energy provider for
energy services or an applicant for such |
service, such applicant shall
receive a direct energy |
assistance payment in an amount established by the
Department |
for all such applicants under this Act; provided, however, that
|
such an applicant must have rental expenses for housing greater |
than 30% of
household income.
|
(c-1) This subsection shall apply only in cases where: (1) |
the applicant is not a customer of record of an energy provider |
because energy services are provided by the owner of the unit |
as a portion of the rent; (2) the applicant resides in housing |
subsidized or developed with funds provided under the Rental |
Housing Support Program Act or under a similar locally funded |
rent subsidy program, or is the voucher holder who resides in a |
rental unit within the State of Illinois and whose monthly rent |
is subsidized by the tenant-based Housing Choice Voucher |
Program under Section 8 of the U.S. Housing Act of 1937; and |
|
(3) the rental expenses for housing are no more than 30% of |
household income. In such cases, the household may apply for an |
energy assistance payment under this Act and the owner of the |
housing unit shall cooperate with the applicant by providing |
documentation of the energy costs for that unit. Any |
compensation paid to the energy provider who supplied energy |
services to the household shall be paid on behalf of the owner |
of the housing unit providing energy services to the household. |
The Department shall report annually to the General Assembly on |
the number of households receiving energy assistance under this |
subsection and the cost of such assistance. The provisions of |
this subsection (c-1), other than this sentence, are |
inoperative after August 31, 2012. |
(d) If the applicant is a customer of an energy provider, |
such
applicant shall receive energy assistance in an amount |
established by the
Department for all such applicants under |
this Act, such amount to be paid
by the Department to the |
energy provider supplying winter energy service to
such |
applicant. Such applicant shall:
|
(i) make all reasonable efforts to apply to any other |
appropriate
source of public energy assistance; and
|
(ii) sign a waiver permitting the Department to receive |
income
information from any public or private agency |
providing income or energy
assistance and from any |
employer, whether public or private.
|
(e) Any qualified applicant pursuant to this Section may |
|
receive or have
paid on such applicant's behalf an emergency |
assistance payment to enable
such applicant to obtain access to |
winter energy services. Any such
payments shall be made in |
accordance with regulations of the Department.
|
(f) The Department may, if sufficient funds are available, |
provide
additional benefits to certain qualified applicants:
|
(i) for the reduction of past due amounts owed to |
energy providers;
and
|
(ii) to assist the household in responding to |
excessively high summer
temperatures or energy costs. |
Households containing elderly members, children,
a person |
with a disability, or a person with a medical need for |
conditioned air
shall receive priority for receipt of such |
benefits.
|
(Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09; |
96-1000, eff. 7-2-10; 97-721, eff. 6-29-12.)
|
Section 650. The Medicaid Revenue Act is amended by |
changing Section 1-2 as follows:
|
(305 ILCS 35/1-2) (from Ch. 23, par. 7051-2)
|
Sec. 1-2. Legislative finding and declaration. The General |
Assembly hereby
finds, determines, and declares:
|
(1) It is in the public interest and it is the public |
policy of this State
to provide for and improve the basic |
medical care and long-term health care
services of its |
|
indigent, most vulnerable citizens.
|
(2) Preservation of health, alleviation of sickness, |
and correction of
disabling handicapping conditions for |
persons requiring maintenance support are essential
if |
those persons are to have an opportunity to become |
self-supporting or to
attain a greater capacity for |
self-care.
|
(3) For persons who are medically indigent but |
otherwise able to provide
themselves a livelihood, it is of |
special importance to maintain their
incentives for |
continued independence and preserve their limited |
resources for
ordinary maintenance needed to prevent their |
total or substantial dependence on
public support.
|
(4) The State has historically provided for care and |
services, in
conjunction with the federal government, |
through the establishment and funding
of a medical |
assistance program administered by the Department of |
Healthcare and Family Services (formerly Department of |
Public Aid)
and approved by the Secretary of Health and |
Human Services under Title XIX of
the federal Social |
Security Act, that program being commonly referred to as
|
"Medicaid".
|
(5) The Medicaid program is a funding partnership |
between the State of
Illinois and the federal government, |
with the Department of Healthcare and Family Services being
|
designated as the single State agency responsible for the |
|
administration of the
program, but with the State |
historically receiving 50% of the amounts expended
as |
medical assistance under the Medicaid program from the |
federal government.
|
(6) To raise a portion of Illinois' share of the |
Medicaid funds after July
1, 1991, the General Assembly |
enacted Public Act 87-13 to provide for the
collection of |
provider participation fees from designated health care |
providers
receiving Medicaid payments.
|
(7) On September 12, 1991, the Secretary of Health and |
Human Services
proposed regulations that could have |
reduced the federal matching of Medicaid
expenditures |
incurred on or after January 1, 1992 by the portion of the
|
expenditures paid from funds raised through the provider |
participation fees.
|
(8) To prevent the Secretary from enacting those |
regulations but at the same
time to impose certain |
statutory limitations on the means by which states may
|
raise Medicaid funds eligible for federal matching, |
Congress enacted the
Medicaid Voluntary Contribution and |
Provider-Specific Tax Amendments of
1991, Public Law |
102-234.
|
(9) Public Law 102-234 provides for a state's share of |
Medicaid funding
eligible for federal matching to be raised |
through "broad-based health care
related taxes", meaning, |
generally, a tax imposed with respect to a class of
health |
|
care items or services (or providers thereof) specified |
therein, which
(i) is imposed on all items or services or |
providers in the class in the state,
except federal or |
public providers, and (ii) is imposed uniformly on all
|
providers in the class at the same rate with respect to the |
same base.
|
(10) The separate classes of health care items and |
services established by
P.L. 102-234 include inpatient and |
outpatient hospital services, nursing
facility services, |
and services of intermediate care facilities for persons |
with intellectual disabilities the intellectually |
disabled .
|
(11) The provider participation fees imposed under |
P.A. 87-13 may not meet
the standards under P.L. 102-234.
|
(12) The resulting hospital Medicaid reimbursement |
reductions may force the
closure of some hospitals now |
serving a disproportionately high number of the
needy, who |
would then have to be cared for by remaining hospitals at
|
substantial cost to those remaining hospitals.
|
(13) The hospitals in the State are all part of and |
benefit from a hospital
system linked together in a number |
of ways, including common licensing and
regulation, health |
care standards, education, research and disease control
|
reporting, patient transfers for specialist care, and |
organ donor networks.
|
(14) Each hospital's patient population demographics, |
|
including the
proportion of patients whose care is paid by |
Medicaid, is subject to change
over time.
|
(15) Hospitals in the State have a special interest in |
the payment of
adequate reimbursement levels for hospital |
care by Medicaid.
|
(16) Most hospitals are exempt from payment of most |
federal, State, and
local income, sales, property, and |
other taxes.
|
(17) The hospital assessment enacted by this Act under |
the guidelines of
P.L. 102-234 is the most efficient means |
of raising the federally matchable
funds needed for |
hospital care reimbursement.
|
(18) Cook County Hospital and Oak Forest Hospital are |
public hospitals owned
and operated by Cook County with |
unique fiscal problems, including a patient
population |
that is primarily Medicaid or altogether nonpaying, that |
make an
intergovernmental transfer payment arrangement a |
more appropriate means of
financing than the regular |
hospital assessment and reimbursement provisions.
|
(19) Sole community hospitals provide access to |
essential care that would
otherwise not be reasonably |
available in the community they serve, such that
imposition |
of assessments on them in their precarious financial |
circumstances
may force their closure and have the effect |
of reducing access to health care.
|
(20) Each nursing home's resident population |
|
demographics, including the
proportion of residents whose |
care is paid by Medicaid, is subject to change
over time in |
that, among other things, residents currently able to pay |
the cost
of nursing home care may become dependent on |
Medicaid support for continued
care and services as |
resources are depleted.
|
(21) As the citizens of the State age, increased |
pressures will be placed on
limited facilities to provide |
reasonable levels of care for a greater number of
geriatric |
residents, and all involved in the nursing home industry, |
providers
and residents, have a special interest in the |
maintenance of adequate Medicaid
support for all nursing |
facilities.
|
(22) The assessments on nursing homes enacted by this |
Act under the
guidelines of P.L. 102-234 are the most |
efficient means of raising the
federally matchable funds |
needed for nursing home care reimbursement.
|
(23) All intermediate care facilities for persons with |
developmental
disabilities receive a high degree of |
Medicaid support and benefits and
therefore have a special |
interest in the maintenance of adequate Medicaid
support.
|
(24) The assessments on intermediate care facilities |
for persons with
developmental disabilities enacted by |
this Act under the guidelines of P.L.
102-234 are the most |
efficient means of raising the federally matchable funds
|
needed for reimbursement of providers of intermediate care |
|
for persons with
developmental disabilities.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 655. The Nutrition Outreach and Public Education |
Act is amended by changing Section 10 as follows:
|
(305 ILCS 42/10)
|
Sec. 10. Definitions. As used in this Act, unless the |
context requires
otherwise:
|
"At-risk populations" means populations including but not |
limited to
families with children receiving aid under Article |
IV of the Illinois
Public Aid Code, households receiving |
federal supplemental security income
payments, households with |
incomes at or below 185%
of the poverty guidelines updated |
annually in the Federal Register by the U.S.
Department of |
Health and Human Services under authority of Section 673(2) of
|
the Omnibus Budget Reconciliation Act of 1981, recipients of |
emergency food,
elderly persons or persons with disabilities or
|
disabled persons , homeless persons, unemployed persons, and |
families and
persons residing in rural households who are at |
risk of nutritional
deficiencies.
|
"Secretary" means the Secretary of Human Services.
|
"Food assistance programs" means programs including but |
not limited
to the food stamp program, school breakfast and |
lunch programs, child care food
programs, summer food service |
programs, the special supplemental programs for
women, infants |
|
and children, congregate meal programs, and home-delivered |
meal
programs.
|
"High-risk area" means any county or urban area where a |
significant
percentage or number of those potentially eligible |
for food assistance
programs are not participating in such |
programs.
|
(Source: P.A. 93-555, eff. 1-1-04.)
|
Section 660. The Housing Authorities Act is amended by |
changing Section 8.15 as follows:
|
(310 ILCS 10/8.15) (from Ch. 67 1/2, par. 8.15)
|
Sec. 8.15.
A Housing Authority may, subject to written |
approval by
the Department, acquire by purchase,
condemnation |
or otherwise any improved or unimproved real property, the
|
acquisition of which is necessary or appropriate for the |
implementation
of a conservation plan for a conservation area |
as defined in this Act;
to remove or demolish substandard or |
other buildings and structures from
the property so acquired; |
to hold, improve, mortgage and manage such
properties; and to |
sell, lease, or exchange such properties, provided
that |
contracts for repair, improvement or rehabilitation of |
existing
improvements as may be required by the conservation |
plan to be done by
the Authority involving in excess of $1,000 |
shall be let by free and
competitive bidding to the lowest |
responsible bidder upon such bond and
subject to such |
|
regulations as may be set by the Department and to the written
|
approval of the Department, and provided further that all new |
construction
for occupancy and use other than by any municipal |
corporation or county
or subdivision thereof shall be on land |
privately owned.
|
The acquisition, use or disposition of any real property |
must conform
to a conservation plan developed and approved as |
provided in Section
8.14. In case of the sale or lease of any |
real property acquired under
a conservation plan, the buyer or |
lessee must as a condition of sale or
lease agree to improve |
and use the property according to the
conservation plan, and |
such agreement may be made a covenant running
with the land, |
and on order of the Authority and written approval from
the |
Department the agreement shall be made a
covenant running with |
the land. No lease or deed of conveyance either
by the |
Authority or any subsequent owner shall contain a covenant
|
running with the land or other provision prohibiting occupancy |
of the
premises by any person because of race, creed, color, |
religion,
mental or physical disability handicap , national |
origin or sex.
|
The Authority shall by public notice by publication once a |
week for 2
consecutive weeks in a newspaper having general |
circulation in the
municipality or county prior to the |
execution of any contract to sell,
lease or otherwise transfer |
real property and prior to the delivery of
any instrument of |
conveyance with respect thereto, invite proposals from
and make |
|
available all pertinent information to redevelopers or any
|
person interested in undertaking to redevelop or rehabilitate a
|
conservation area, or any part thereof; provided that, in |
municipalities
or counties in which no newspaper is published, |
publication may be made
by posting a notice in 3 prominent |
places within the municipality or
county. The notice shall |
contain a description of the conservation
area, the details of |
the conservation plan relating to the property
which the |
purchaser shall undertake in writing to carry out, and such
|
undertakings as the Authority and the Department
may deem |
necessary to obligate the purchaser, his or her
successors and |
assigns (1) to use the property for the purposes
designated in |
the conservation plan, (2) to commence and complete the
|
improvement, repair, rehabilitation or construction of the |
improvements
within the periods of time which the Authority |
with written approval
from the Department fixes as reasonable |
and
(3) to comply with such other conditions as are necessary |
to carry out
the purpose of the conservation project.
|
The Authority may negotiate with any persons for proposals |
for the
purchase, lease or other transfer of any real property |
acquired by it
and shall consider all redevelopment and |
rehabilitation proposals
submitted to it and the financial and |
legal ability of the persons
making such proposals to carry |
them out. The Authority subject to
written approval from the |
Department, at a
public meeting, notice of which shall have |
been published in a newspaper
of general circulation within the |
|
municipality or county at least 15 but
not more than 30 days |
prior to such meeting, may accept such proposals
as it deems to |
be in the public interest and in furtherance of the
purposes of |
this Act.
|
All sales or leases of real property shall be made at not |
less than
fair use value. No sale of real property acquired |
pursuant to this
section shall be made without the approval of |
a majority of the
Commissioners of the Authority and written |
approval from the Department.
No property shall be held for |
more than 5
years, after which the property shall be sold to |
the highest bidder at
public sale. The Authority may employ |
competent real estate management
firms to manage such |
properties as may be required, or the Authority may
manage such |
properties.
|
(Source: P.A. 81-1509.)
|
Section 665. The Illinois Affordable Housing Act is amended |
by changing Section 8 as follows:
|
(310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
|
Sec. 8. Uses of Trust Fund.
|
(a) Subject to annual appropriation to
the Funding Agent |
and subject to the prior dedication, allocation, transfer
and |
use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and |
9 of this
Act, the Trust Fund may be used to make grants,
|
mortgages, or
other loans to acquire, construct, rehabilitate, |
|
develop, operate, insure,
and retain affordable single-family |
and multi-family housing in this State
for low-income
and very |
low-income households. The majority of monies appropriated to |
the
Trust Fund in any given year are to be used for affordable |
housing for very
low-income households. For the fiscal years |
2007, 2008, and 2009
only, the Department of Human Services is |
authorized to receive appropriations and spend moneys from the |
Illinois Affordable Housing Trust Fund for the purpose of |
developing and coordinating public and private resources |
targeted to meet the affordable housing needs of low-income, |
very low-income, and special needs households in the State of |
Illinois.
|
(b) For each fiscal year commencing with fiscal year 1994, |
the Program
Administrator shall certify from time to time to |
the Funding Agent, the
Comptroller and the State
Treasurer |
amounts, up to an aggregate in any fiscal year of $10,000,000, |
of
Trust Fund Moneys expected to be used or pledged by the |
Program Administrator
during the fiscal year for the purposes |
and uses specified in Sections 8(c) and
9 of this Act. Subject |
to annual appropriation, upon receipt of such
certification, |
the Funding Agent and the
Comptroller shall dedicate and the |
State Treasurer shall transfer not less
often than monthly to |
the Program Administrator or its designated payee,
without |
requisition or further
request therefor, all amounts |
accumulated in the Trust Fund within the State
Treasury and not |
already transferred to the Loan Commitment Account prior to
the |
|
Funding Agent's receipt of such certification, until the |
Program
Administrator has received the aggregate amount |
certified by the Program
Administrator, to be used solely for |
the purposes and uses authorized and
provided in Sections 8(c) |
and 9 of this Act. Neither the Comptroller nor the
Treasurer |
shall transfer, dedicate or allocate any of the Trust Fund |
Moneys
transferred or certified for transfer by the Program |
Administrator as provided
above to any other fund, nor shall |
the Governor authorize any such transfer,
dedication or |
allocation, nor shall any of the Trust Fund Moneys so |
dedicated,
allocated or transferred be used, temporarily or |
otherwise, for interfund
borrowing, or be otherwise used or |
appropriated, except as expressly authorized
and provided in |
Sections 8(c) and 9 of this Act for the purposes and subject to
|
the priorities, limitations and conditions provided for |
therein until such
obligations, uses and dedications as therein |
provided, have been satisfied.
|
(c) Notwithstanding Section 5(b) of this Act, any Trust |
Fund Moneys
transferred to the Program Administrator pursuant |
to Section 8(b) of this Act,
or otherwise obtained, paid to or |
held by or for the Program Administrator, or
pledged pursuant |
to resolution of the Program Administrator, for Affordable
|
Housing Program Trust Fund Bonds or Notes under the Illinois |
Housing
Development Act, and all proceeds, payments and |
receipts from investments or
use of such moneys, including any |
residual or additional funds or moneys
generated or obtained in |
|
connection with any of the foregoing, may be held,
pledged, |
applied or dedicated by the Program Administrator as follows:
|
(1) as required by the terms of any pledge of or |
resolution of the Program
Administrator authorized under |
Section 9 of this Act in connection with
Affordable Housing |
Program Trust Fund Bonds or Notes issued pursuant to the
|
Illinois Housing Development Act;
|
(2) to or for costs of issuance and administration
and |
the payments of any principal, interest, premium or other |
amounts or
expenses incurred or accrued in connection with |
Affordable Housing Program
Trust Fund Bonds or Notes, |
including rate protection contracts and credit
support |
arrangements pertaining thereto, and, provided such |
expenses, fees and
charges are obligations, whether |
recourse or nonrecourse, and whether financed
with or paid |
from the proceeds of Affordable Housing Program Trust Fund |
Bonds
or Notes, of the developers, mortgagors or other |
users, the Program
Administrator's expenses and servicing, |
administration and origination fees and
charges in |
connection with any loans, mortgages, or developments |
funded or
financed or expected to be funded or financed, in |
whole or in part, from the
issuance of Affordable Housing |
Program Trust Fund Bonds or Notes;
|
(3) to or for costs of issuance and administration and |
the payments of
principal, interest, premium, loan fees, |
and other amounts or other obligations
of the Program |
|
Administrator, including rate protection contracts and |
credit
support arrangements pertaining thereto, for loans, |
commercial paper or other
notes or bonds issued by the |
Program Administrator pursuant to the Illinois
Housing |
Development Act, provided that the proceeds of such loans, |
commercial
paper or other notes or bonds are paid or |
expended in connection with, or
refund or repay, loans, |
commercial paper or other notes or bonds issued or made
in |
connection with bridge loans or loans for the construction, |
renovation,
redevelopment, restructuring, reorganization |
of Affordable Housing and related
expenses, including |
development costs, technical assistance, or other amounts
|
to construct, preserve, improve, renovate, rehabilitate, |
refinance, or assist
Affordable Housing, including |
financially troubled Affordable Housing,
permanent or |
other financing for which has been funded or financed or is
|
expected to be funded or financed in whole or in part by |
the Program
Administrator through the issuance of or use of |
proceeds from Affordable
Housing Program Trust Fund Bonds |
or Notes;
|
(4) to or for direct expenditures or reimbursement for |
development costs,
technical assistance, or other amounts |
to construct, preserve, improve,
renovate, rehabilitate, |
refinance, or assist Affordable Housing, including
|
financially troubled Affordable Housing, permanent or |
other financing for which
has been funded or financed or is |
|
expected to be funded or financed in whole or
in part by |
the Program Administrator through the issuance of or use of |
proceeds
from Affordable Housing Program Trust Fund Bonds |
or Notes; and
|
(5) for deposit into any residual, sinking, reserve or |
revolving fund or
pool established by the Program |
Administrator, whether or not pledged to secure
Affordable |
Housing Program Trust Fund Bonds or Notes, to support or be
|
utilized for the
issuance, redemption, or payment of the |
principal, interest, premium or other
amounts payable on or |
with respect to any existing, additional or future
|
Affordable Housing Program Trust Fund Bonds or Notes, or to |
or for any other
expenditure authorized by this Section |
8(c).
|
(d) All or a portion of the Trust Fund Moneys on
deposit or |
to be
deposited in
the Trust Fund not already certified for |
transfer or transferred to the
Program Administrator pursuant |
to Section 8(b) of this Act may be used to
secure the repayment |
of Affordable Housing Program Trust Fund Bonds or
Notes, or |
otherwise to supplement or support Affordable Housing funded or
|
financed
or
intended to be funded or financed, in whole or in |
part, by Affordable Housing
Program Trust Fund Bonds or Notes.
|
(e) Assisted housing may include housing for special needs
|
populations
such as the homeless, single-parent families, the |
elderly, or persons with disabilities the
physically and |
mentally disabled . The Trust Fund shall be used to
implement a |
|
demonstration congregate housing project for any such special
|
needs population.
|
(f) Grants from the Trust Fund may include, but are not |
limited
to,
rental assistance and security deposit subsidies |
for low and very low-income
households.
|
(g) The Trust Fund may be used to pay actual and reasonable
|
costs for
Commission members to attend Commission meetings, and |
any litigation costs
and expenses, including legal fees, |
incurred by the Program Administrator
in any litigation related |
to this Act or its action as Program
Administrator.
|
(h) The Trust Fund may be used to make grants for (1) the
|
provision of
technical assistance, (2) outreach, and (3) |
building an organization's
capacity to develop affordable |
housing projects.
|
(i) Amounts on deposit in the Trust Fund may be used to |
reimburse the
Program
Administrator and the Funding Agent for |
costs incurred in the performance of
their duties under this |
Act, excluding costs and fees of the Program
Administrator |
associated with the Program Escrow to the extent withheld
|
pursuant to paragraph (8) of subsection (b) of Section 5.
|
(Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08; |
95-744, eff. 7-18-08.)
|
Section 670. The Subsidized Housing Joint Occupancy Act is |
amended by changing Sections 2, 3, and 4 as follows:
|
|
(310 ILCS 75/2) (from Ch. 67 1/2, par. 1352)
|
Sec. 2. Legislative findings. The General Assembly makes |
the following
findings:
|
(1) Elderly persons and persons with disabilities and |
handicapped persons frequently desire to share a
residence (i) |
to maximize the effectiveness of the portion of their often
|
limited incomes that is spent for housing; (ii) for protection; |
and (iii)
for assistance in performing necessary daily tasks of |
life such as cooking
and cleaning.
|
(2) Many elderly persons and persons with disabilities and |
handicapped persons desire to live in
federally subsidized |
housing units because of their limited incomes.
|
(3) Rules of the federal Department of Housing and Urban
|
Development permit 2 or more unrelated elderly persons or |
persons with disabilities or handicapped persons to
occupy the |
same unit in federally subsidized housing, although local
|
housing authorities frequently do not permit those persons to |
occupy the
same unit.
|
(4) The State of Illinois should do all it can to assist |
its
elderly persons and persons with disabilities and |
handicapped persons in maximizing the effectiveness of their
|
incomes and to insure that those citizens are not unnecessarily |
burdened in
accomplishing the daily tasks of life.
|
(Source: P.A. 87-243.)
|
(310 ILCS 75/3) (from Ch. 67 1/2, par. 1353)
|
|
Sec. 3. Definitions. As used in this Act, unless the |
context clearly
requires otherwise:
|
"Elderly person" means a person 62 years of age or older.
|
" Person with a disability Handicapped person " means a |
person having a physical or mental
impairment that:
|
(1) is expected to be of long-continued and indefinite |
duration,
|
(2) substantially impedes the person's ability to live |
independently, and
|
(3) is of such a nature that this ability could be |
improved by more
suitable housing conditions.
|
"Subsidized housing" means any housing or unit of housing |
financed by a
loan or mortgage held by the Illinois Housing |
Development Authority, a
local housing authority, or the |
federal Department of Housing and Urban
Development ("HUD") |
under one of the following circumstances:
|
(1) Insured or held by HUD under Section 221(d)(3) of |
the National
Housing Act and assisted under Section 101 of |
the Housing and Urban
Development Act of 1965 or Section 8 |
of the United States Housing Act of 1937.
|
(2) Insured or held by HUD and bears interest at a rate |
determined
under the proviso of Section 221(d)(3) of the |
National Housing Act.
|
(3) Insured, assisted, or held by HUD under Section 202 |
or 236 of the
National Housing Act.
|
(4) Insured or held by HUD under Section 514 or 515 of |
|
the Housing
Act of 1949.
|
(5) Insured or held by HUD under the United States |
Housing Act of 1937.
|
(6) Held by HUD and formerly insured under a program |
listed in
paragraph (1), (2), (3), (4), or (5).
|
(Source: P.A. 87-243.)
|
(310 ILCS 75/4) (from Ch. 67 1/2, par. 1354)
|
Sec. 4. Joint occupancy of subsidized housing. Two elderly
|
persons or two persons with disabilities or handicapped persons |
who are not related to each other by
blood or marriage shall |
not be prohibited from jointly occupying
subsidized housing or |
a unit of subsidized housing solely because
they are not |
related, provided they have filed a form for such
joint |
occupation with the clerk of the county in which the
housing |
they seek to occupy is located and otherwise meet all
other |
eligibility requirements. A member of the joint occupancy
may |
withdraw from the joint occupancy at any time.
|
(Source: P.A. 87-243.)
|
Section 675. The Accessible Housing Demonstration Grant |
Program Act is amended by changing Sections 10 and 20 as |
follows:
|
(310 ILCS 95/10)
|
Sec. 10. Accessibility demonstration grant program. |
|
Subject to
appropriation for this purpose, the Authority shall
|
establish a demonstration grant program to encourage the |
building of spec homes
that are accessible to persons with |
disabilities the disabled . Through the program the Authority |
shall
provide grants to builders who build spec homes meeting |
the basic access
standards described in Section 15. The goal of |
the demonstration program
shall be that at least 10% of all new |
spec homes within a development
participating in the |
demonstration grant program for which construction begins
6 or |
more months after the effective date of this Act meet the |
minimum
standards for basic access as described in Section 15.
|
Builders who wish to participate in the demonstration grant |
program shall
submit a grant application to the Authority in |
accordance with rules
promulgated by the Authority. The |
Authority shall prescribe by rule standards
and procedures for |
the provision of demonstration grant funds in relation to
each |
grant application.
|
(Source: P.A. 91-451, eff. 8-6-99.)
|
(310 ILCS 95/20)
|
Sec. 20. Task Force on Housing Accessibility. There is |
created a Task
Force on Housing Accessibility. The Task Force |
shall consist of 7 members who
shall be appointed by the |
Governor as follows:
the executive vice president of the |
Illinois Association of Realtors or his or
her designee, the |
executive vice president of the Home Builders Association of
|
|
Illinois or his or her designee, an architect with expertise |
and experience in
designing accessible housing for persons with |
disabilities, a senior citizen,
a person with disabilities, a |
representative from the Attorney General's
Office, and the |
Director of the Authority or his or her designee. The terms of
|
the Task Force members shall last 4 years and shall begin 60 |
days after the
effective date of this Act, or as soon |
thereafter as all members of the Board
have been appointed. At |
the expiration of the term of each Task Force member,
and of |
each succeeding Task Force member, or in the event of a |
vacancy, the
Governor shall appoint a Task Force member to hold |
office, in the case of a
vacancy, for the unexpired term, or in |
the case of expiration, for a term of 4
years or until a |
successor is appointed by the Governor. The members shall
|
receive no compensation for their services on the Task Force |
but shall be
reimbursed by the Authority for any ordinary and |
necessary expenses incurred in
the performance of their duties.
|
The Task Force shall provide recommendations to builders |
regarding the types
of accommodations needed in new housing |
stock for persons with disabilities disabled persons . The
|
recommendations shall include provisions on how to build
homes |
that will retain their resale and aesthetic value.
|
(Source: P.A. 91-451, eff. 8-6-99.)
|
Section 680. The Prevention of Unnecessary |
Institutionalization Act is amended by changing Section 25 as |
|
follows:
|
(310 ILCS 100/25)
|
Sec. 25. Eligibility. Persons age 60 or over and adults and |
children
with disabilities shall be eligible for grants or |
loans or both under the
Program established by this Act if they |
have one or more verifiable impairments
that substantially |
limits one or more of life's major activities for which some
|
modification of their dwelling or assistive technology |
devices, or both, are
required which they are unable to afford |
because of limited resources.
Preference shall be given to |
applicants who: (1) are at imminent risk of
|
institutionalization or who are already in an institutional |
setting but are
ready to return to the community and who would |
be able to live in the community
if modifications are made or |
they have the needed assistive technology devices,
(2) have |
inadequate resources or no current access to resources as a |
result of
the geographic location of their dwelling, the lack |
of other available State or
federal funds such as the Community |
Development Block Grant or rural housing
assistance programs or |
income limitations such as the inability to qualify for
a |
low-interest loan, or (3) have access to other resources, but |
those resources
are insufficient to complete the necessary |
modifications or acquire the needed
assistive technology |
devices. Adults under 60 years of age with disabilities
and |
children with disabilities shall receive services under the |
|
component of
the Program administered by the Department of |
Human Services. An adult 60 years
of age or older may elect to |
receive services under the component administered
by the |
Department of Human Services if, at the time he or she reached |
age 60,
he or she was already receiving Home Services under |
subsection (f) of Section 3
of the Rehabilitation of Persons |
with Disabilities Disabled Persons Rehabilitation Act or he or |
she was already receiving
services under the component of the |
Program administered by the Department of
Human Services. All |
other adults 60 years of age or older receiving services
under |
the Program shall receive services under the component |
administered by
the Department on Aging.
|
(Source: P.A. 92-122, eff. 7-20-01.)
|
Section 685. The Blighted Areas Redevelopment Act of 1947 |
is amended by changing Section 20 as follows:
|
(315 ILCS 5/20) (from Ch. 67 1/2, par. 82)
|
Sec. 20.
The sale of any real property by a Land Clearance
|
Commission where required to be made for a monetary |
consideration,
except public sales as provided in the last |
paragraph of Section 19,
shall be subject to the approval of |
the Department and the governing body
of the municipality in |
which the real
property is located.
|
All deeds of conveyances shall be executed in the name of |
the Land
Clearance Commission by the Chairman and Secretary of |
|
the Commission and
the seal of the Commission shall be attached |
thereto. Any deed of
conveyance by the Commission may provide |
such restrictions as are
required by the plan for redevelopment |
and the building and zoning
ordinances, but no deed of |
conveyance either by the Commission or any
subsequent owner |
shall contain a covenant running with the land or other
|
provision prohibiting occupancy of the premises by any person |
because of
race, creed, color, religion, physical or mental |
disability handicap , national origin or sex.
|
(Source: P.A. 81-1509.)
|
Section 690. The Urban Community Conservation Act is |
amended by changing Section 6 as follows:
|
(315 ILCS 25/6) (from Ch. 67 1/2, par. 91.13)
|
Sec. 6.
Real
property necessary or appropriate for the |
conservation of urban residential
areas-Acquisition, use and |
disposition.)
The Conservation Board of a municipality shall |
have the power to acquire
by purchase, condemnation or |
otherwise any improved or unimproved real
property the |
acquisition of which is necessary or appropriate for the
|
implementation of a conservation plan for a Conservation Area |
as defined
herein; to remove or demolish substandard or other |
buildings and structures
from the property so acquired; to |
hold, improve, mortgage and manage such
properties; and to |
sell, lease, or exchange such properties, provided that
|
|
contracts for repair, improvement or rehabilitation of |
existing
improvements as may be required by the Conservation |
Plan to be done by the
Board involving in excess of $1,000.00 |
shall be let by free and competitive
bidding to the lowest |
responsible bidder upon such bond and subject to such
|
regulations as may be set by the Board, and provided further |
that all new
construction for occupancy and use other than by |
any municipal corporation
or subdivision thereof shall be on |
land privately owned. The acquisition,
use, or disposition of |
any real property in pursuance of this section must
conform to |
a conservation plan developed in the manner hereinafter set
|
forth. In case of the sale or lease of any real property |
acquired under the
provisions of this Act such buyer or lessee |
must as a condition of sale
or lease, agree to improve and use |
such property according to the
conservation plan, and such |
agreement may be made a covenant running with
the land and on |
order of the governing body such agreement shall be made a
|
covenant running with the land. No lease or deed of conveyance |
either by
the Board or any subsequent owner shall contain a |
covenant running with the
land or other provision prohibiting |
occupancy of the premises by any person
because of race, creed, |
color, religion, physical or mental disability handicap , sex or |
national origin.
The Conservation
Board shall by public
notice |
by publication once each week for 2 consecutive weeks in a |
newspaper
having general circulation in the municipality prior |
to the execution of
any contract to sell, lease or otherwise |
|
transfer real property and prior
to the delivery of any |
instrument of conveyance with respect thereto,
invite |
proposals from and make available all pertinent information to
|
redevelopers or any person interested in undertaking to |
redevelop or
rehabilitate a Conservation Area, or any part |
thereof, provided that, in
municipalities in which no newspaper |
is published, publication may be made
by posting a notice in 3 |
prominent places within the municipality. Such
notice shall |
contain a description of the Conservation Area, the details of
|
the conservation plan relating to the property which the |
purchaser shall
undertake in writing to carry out and such |
undertakings as the Board may
deem necessary to obligate the |
purchaser, his or her successors and assigns (1) to
use the |
property for the purposes designated in the Conservation Plan, |
(2)
to commence and complete the improvement, repair, |
rehabilitation or
construction of the improvements within the |
periods of time which the Board
fixes as reasonable and (3) to |
comply with such other conditions as are
necessary to carry out |
the purposes of the Act. The Conservation Board may
negotiate |
with any persons for proposals for the purchase, lease or other
|
transfer of any real property acquired pursuant to this Act and |
shall
consider all redevelopment and rehabilitation proposals |
submitted to it and
the financial and legal ability of the |
persons making such proposals to
carry them out. The |
Conservation Board, as agent for the Municipality, at a
public |
meeting, notice of which shall have been published in a |
|
newspaper of
general circulation within the municipality at |
least 15 but not more than
30 days prior to such meeting, may |
accept such proposals as it deems to be
in the public interest |
and in furtherance of the purposes of this Act;
provided that, |
all sales or leases of real property shall be made at not
less |
than fair use value. No sale of real property acquired pursuant |
to
this section shall be made without the approval of a |
majority of the
governing body. The disposition of real |
property acquired pursuant to this
section shall be exempt from |
the requirements of Sections 11-76-1 and
11-76-2 of the |
Illinois Municipal Code, as heretofore and hereafter
amended. |
All deeds of conveyance of real property acquired pursuant to
|
this section shall be executed as provided in Section 11-76-3 |
of the
Illinois Municipal Code, as heretofore and hereafter |
amended. No property
shall be held for more than 5 years, after |
which period such property shall
be sold to the highest bidder |
at public sale. The Board may employ
competent private real |
estate management firms to manage such properties as
may be |
acquired, or the Board may manage such properties.
|
(Source: P.A. 80-341.)
|
Section 695. The Urban Renewal Consolidation Act of 1961 is |
amended by changing Section 26 as follows:
|
(315 ILCS 30/26) (from Ch. 67 1/2, par. 91.126)
|
Sec. 26.
The sale of any real property by a Department |
|
where required to be
made for a monetary consideration except |
public sales of real property not
sold within the 5-year period |
as provided in Section 18, shall be subject
to the approval of |
the governing body of the municipality in which the real
|
property is located; provided, however, that no new or |
additional approval
of a sale by the governing body shall be |
required in any case where a sale
by a land clearance |
commission has heretofore been approved by the State
Housing |
Board and the governing body pursuant to the "Blighted Areas
|
Redevelopment Act of 1947," approved July 2, 1947, as amended.
|
The disposition of real property acquired pursuant to the |
provisions of
this Act shall be exempt from the requirements of |
Sections 11-76-1 and
11-76-2 of the "Illinois Municipal Code", |
approved May 29, 1961, as
heretofore and hereafter amended. All |
deeds of conveyances of real
property shall be executed as |
provided in Section 11-76-3 of said Illinois
Municipal Code. |
Any deed of conveyance may provide such restrictions as
are |
required by the plan for development or conservation plan and |
the
building and zoning ordinances, but no deed of conveyance |
or lease either
by the municipality or any subsequent owner |
shall contain a covenant
running with the land or other |
provisions prohibiting occupancy of the
premises by any person |
because of race, creed, color, religion, physical or mental |
disability handicap ,
national origin or sex.
|
(Source: P.A. 80-342.)
|
|
Section 700. The Respite Program Act is amended by changing |
the title of the Act and Sections 1.5, 2, 3, 5, and 11 as |
follows:
|
(320 ILCS 10/Act title)
|
An Act to create the Respite Program which gives families
|
relief from their responsibilities of caring for frail adults |
and adults with disabilities and disabled adults .
|
(320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
|
Sec. 1.5. Purpose. It is hereby found and determined by |
the General
Assembly that respite care provides relief and |
support to the primary
care-giver of a frail adult or an adult |
with a disability or disabled adult and provides a break for |
the
caregiver from the continuous
responsibilities of |
care-giving. Without this support, the primary
care-giver's |
ability to continue in his or her role would be jeopardized;
|
thereby increasing the risk of institutionalization of the |
frail
adult or adult with a disability or
disabled adult .
|
By providing respite care
through intermittent planned or |
emergency relief to the care-giver
during the regular week-day, |
evening, and weekend hours, both the special
physical and |
psychological needs of the primary care-giver and the frail |
adult or adult with a disability or disabled adult ,
who
is the |
recipient of continuous care, shall be met reducing or |
preventing
the need for institutionalization.
|
|
Furthermore, the primary care-giver providing continuous |
care is
frequently under substantial financial stress. Respite |
care and other
supportive services sustain and preserve the |
primary care-giver and family
caregiving unit. It is the intent |
of the General Assembly that this
Act ensure that Illinois |
primary care-givers of
frail adults or adults with disabilities |
or disabled
adults have access to affordable, appropriate |
in-home respite care services.
|
(Source: P.A. 93-864, eff. 8-5-04.)
|
(320 ILCS 10/2) (from Ch. 23, par. 6202)
|
Sec. 2. Definitions. As used in this Act:
|
(1) "Respite care" means the provision of intermittent and |
temporary
substitute care or supervision of frail adults or |
adults with disabilities or
disabled
adults on behalf of and in |
the absence
of the primary care-giver, for the purpose of |
providing relief from the stress
or responsibilities |
concomitant with providing constant care, so as to enable
the |
care-giver to continue the provision of care in the home. |
Respite care
should be available to sustain the
care-giver |
throughout the period
of care-giving, which can vary from |
several months to a number of years.
Respite care can be |
provided in the home, in a day care
setting during the day, |
overnight,
in a substitute residential setting such as a |
long-term care facility
required to be licensed under the |
Nursing Home Care Act or the Assisted Living
and Shared Housing |
|
Act,
or for more extended periods of time on a
temporary basis.
|
(1.5) "In-home respite care" means care provided by an
|
appropriately trained paid worker providing short-term |
intermittent care,
supervision, or companionship to the frail |
adult or adult with a disability or
disabled adult in the home |
while relieving
the care-giver, by permitting a short-term |
break from the care-giver's
care-giving
role. This support may |
contribute to the delay, reduction, and prevention of
|
institutionalization by enabling the care-giver to continue in |
his or her
care-giving role. In-home respite care should be |
flexible and available in a
manner that is responsive to the |
needs of the care-giver. This
may consist of evening respite |
care services that are available from
6:00 p.m. to 8:00 a.m. |
Monday through Friday and weekend respite care
services from |
6:00 p.m. Friday to 8:00 a.m. Monday.
|
(2) "Care-giver" shall mean the family member or other |
natural person
who normally provides the daily care or |
supervision of a frail adult or an adult with a disability or
|
disabled adult . Such care-giver may, but need not, reside in |
the
same household as the frail adult or adult with a |
disability or disabled adult .
|
(3) (Blank).
|
(4) (Blank).
|
(5) (Blank).
|
(6) "Department" shall mean the Department on Aging.
|
(7) (Blank).
|
|
(8) "Frail adult or adult with a disability or disabled |
adult " shall mean any person who is 60 years of age or older |
and who either (i) suffers from Alzheimer's disease
or a |
related disorder or (ii)
is unable to attend to his or her |
daily needs
without the assistance or regular supervision of a |
care-giver due to mental
or physical impairment and who is |
otherwise eligible for services on the
basis of his or her |
level of impairment.
|
(9) "Emergency respite care" means the immediate placement |
of a
trained, in-home respite care worker in the home during an |
emergency or
unplanned event, or during a temporary placement |
outside the home, to
substitute for the care-giver. Emergency |
respite
care may be provided on one or more occasions unless an
|
extension is deemed necessary by the case coordination unit or |
by another agency designated by the Department and area |
agencies on aging to conduct needs assessments for respite care |
services. When there
is an urgent need for emergency respite |
care, procedures to accommodate
this need must be determined. |
An emergency is:
|
(a) An unplanned event that results in the immediate |
and unavoidable
absence of the care-giver from the home in |
an excess of 4 hours at
a
time when no other qualified |
care-giver is available.
|
(b) An unplanned situation that prevents the
|
care-giver from
providing the care required by a frail |
adult or an adult with a disability or disabled
adult |
|
living at home.
|
(c) An unplanned event that threatens the health and |
safety of the
frail adult or adult with a disability or |
disabled adult .
|
(d) An unplanned event that threatens the health and |
safety of the
care-giver thereby placing the frail adult or |
adult with a disability or
disabled adult in danger.
|
(10) (Blank).
|
(Source: P.A. 92-16, eff. 6-28-01; 93-864, eff. 8-5-04.)
|
(320 ILCS 10/3) (from Ch. 23, par. 6203)
|
Sec. 3. Respite Program. The Director is hereby authorized |
to administer
a program of assistance to persons
in need and to |
deter the institutionalization of frail adults or adults with |
disabilities or disabled adults .
|
(Source: P.A. 93-864, eff. 8-5-04.)
|
(320 ILCS 10/5) (from Ch. 23, par. 6205)
|
Sec. 5. Eligibility. The Department may establish |
eligibility standards for
respite services taking into |
consideration the unique economic and social needs
of the |
population for whom they are to be provided. The population |
identified
for the purposes of this Act includes persons |
suffering from Alzheimer's
disease or a related disorder and |
persons who are 60 years
of age or older with
an identified |
service need. Priority shall be given in all cases to frail |
|
adults or adults with disabilities or disabled adults .
|
(Source: P.A. 93-864, eff. 8-5-04.)
|
(320 ILCS 10/11) (from Ch. 23, par. 6211)
|
Sec. 11. Respite Care Worker Training.
|
(a) A respite care worker shall be an appropriately trained
|
individual whose duty it is to provide in-home supervision and |
assistance to a
frail adult or an adult with a disability or |
disabled
adult in order to allow the
care-giver a break from |
his or her
continuous care-giving responsibilities.
|
(b) The Director may prescribe minimum training guidelines
|
for respite
care workers to ensure that the special needs of |
persons receiving services
under this Act and their caregivers |
will be met. The Director may
designate Alzheimer's disease |
associations and community agencies to
conduct such training. |
Nothing in this Act should be construed to exempt
any |
individual providing a service subject to licensure or |
certification
under State law from these requirements.
|
(Source: P.A. 93-864, eff. 8-5-04.)
|
Section 705. The Adult Protective Services Act is amended |
by changing Sections 3.5, 8, 9.5, and 15.5 as follows:
|
(320 ILCS 20/3.5) |
Sec. 3.5. Other responsibilities. The Department shall |
also be
responsible for the following activities, contingent |
|
upon adequate funding; implementation shall be expanded to |
adults with disabilities upon the effective date of this |
amendatory Act of the 98th General Assembly, except those |
responsibilities under subsection (a), which shall be |
undertaken as soon as practicable: |
(a) promotion of a wide range of endeavors for the |
purpose of preventing
abuse, neglect, financial |
exploitation, and self-neglect, including, but not limited |
to, promotion of public
and professional education to |
increase awareness of abuse, neglect,
financial |
exploitation, and self-neglect; to increase reports; to |
establish access to and use of the Registry established |
under Section 7.5; and to improve response by
various |
legal, financial, social, and health systems; |
(b) coordination of efforts with other agencies, |
councils, and like
entities, to include but not be limited |
to, the Administrative Office of the Illinois Courts, the |
Office of the Attorney General,
the State Police, the |
Illinois Law Enforcement Training Standards
Board, the |
State Triad, the Illinois Criminal Justice Information
|
Authority, the
Departments of Public Health, Healthcare |
and Family Services, and Human Services, the Illinois |
Guardianship and Advocacy Commission, the Family
Violence |
Coordinating Council, the Illinois Violence Prevention |
Authority,
and other
entities which may impact awareness |
of, and response to, abuse, neglect,
financial |
|
exploitation, and self-neglect; |
(c) collection and analysis of data; |
(d) monitoring of the performance of regional |
administrative agencies and adult protective services
|
agencies; |
(e) promotion of prevention activities; |
(f) establishing and coordinating an aggressive |
training program on the unique
nature of adult abuse cases |
with other agencies, councils, and like entities,
to |
include but not be limited to the Office of the Attorney |
General, the
State Police, the Illinois Law Enforcement |
Training Standards Board, the
State Triad, the Illinois |
Criminal Justice Information Authority, the State
|
Departments of Public Health, Healthcare and Family |
Services, and Human Services, the Family
Violence |
Coordinating Council, the Illinois Violence Prevention |
Authority,
the agency designated by the Governor under |
Section 1 of the Protection and Advocacy for Persons with |
Developmental Disabilities Developmentally Disabled |
Persons Act, and other entities that may impact awareness |
of and response to
abuse, neglect, financial exploitation, |
and self-neglect; |
(g) solicitation of financial institutions for the |
purpose of making
information available to the general |
public warning of financial exploitation
of adults and |
related financial fraud or abuse, including such
|
|
information and warnings available through signage or |
other written
materials provided by the Department on the |
premises of such financial
institutions, provided that the |
manner of displaying or distributing such
information is |
subject to the sole discretion of each financial |
institution;
|
(g-1) developing by joint rulemaking with the |
Department of Financial and Professional Regulation |
minimum training standards which shall be used by financial |
institutions for their current and new employees with |
direct customer contact; the Department of Financial and |
Professional Regulation shall retain sole visitation and |
enforcement authority under this subsection (g-1); the |
Department of Financial and Professional Regulation shall |
provide bi-annual reports to the Department setting forth |
aggregate statistics on the training programs required |
under this subsection (g-1); and |
(h) coordinating efforts with utility and electric |
companies to send
notices in utility bills to
explain to |
persons 60 years of age or older
their rights regarding |
telemarketing and home repair fraud. |
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
|
(320 ILCS 20/8) (from Ch. 23, par. 6608)
|
Sec. 8. Access to records. All records concerning reports |
of abuse,
neglect, financial exploitation, or self-neglect and |
|
all records generated as a result of
such reports shall be |
confidential and shall not be disclosed except as
specifically |
authorized by this Act or other applicable law. In accord with |
established law and Department protocols, procedures, and |
policies, access to such
records, but not access to the |
identity of the person or persons making a
report of alleged |
abuse, neglect,
financial exploitation, or self-neglect as |
contained in
such records, shall be provided, upon request, to |
the following persons and for the following
persons:
|
(1) Department staff, provider agency staff, other |
aging network staff, and
regional administrative agency |
staff, including staff of the Chicago Department on Aging |
while that agency is designated as a regional |
administrative agency, in the furtherance of their
|
responsibilities under this Act;
|
(2) A law enforcement agency investigating known or |
suspected
abuse, neglect, financial exploitation, or |
self-neglect. Where a provider
agency has reason to believe |
that the
death of an eligible adult may be the result of |
abuse or neglect, including any reports made after death, |
the agency
shall immediately provide the appropriate law |
enforcement agency with all
records pertaining to the |
eligible adult;
|
(2.5) A law enforcement agency, fire department |
agency, or fire protection district having proper |
jurisdiction pursuant to a written agreement between a |
|
provider agency and the law enforcement agency, fire |
department agency, or fire protection district under which |
the provider agency may furnish to the law enforcement |
agency, fire department agency, or fire protection |
district a list of all eligible adults who may be at |
imminent risk of abuse, neglect, financial exploitation, |
or self-neglect; |
(3) A physician who has before him or her or who is |
involved
in the treatment of an eligible adult whom he or |
she reasonably suspects
may be abused, neglected, |
financially exploited, or self-neglected or who has been
|
referred to the Adult Protective Services Program;
|
(4) An eligible adult reported to be abused,
neglected,
|
financially exploited, or self-neglected, or such adult's |
authorized guardian or agent, unless such
guardian or agent |
is the abuser or the alleged abuser; |
(4.5) An executor or administrator of the estate of an |
eligible adult who is deceased;
|
(5) In cases regarding abuse, neglect, or financial |
exploitation, a court or a guardian ad litem, upon its or |
his or
her finding that access to such records may be
|
necessary for the determination of an issue before the |
court.
However,
such access shall be limited to an in |
camera inspection of the records,
unless the court |
determines that disclosure of the information contained
|
therein is necessary for the resolution of an issue then |
|
pending before it;
|
(5.5) In cases regarding self-neglect, a guardian ad |
litem;
|
(6) A grand jury, upon its determination that access to |
such
records is necessary in the conduct of its official |
business;
|
(7) Any person authorized by the Director, in writing, |
for
audit or bona fide research purposes;
|
(8) A coroner or medical examiner who has reason to |
believe
that an eligible adult has died as the result of |
abuse, neglect,
financial exploitation, or self-neglect. |
The provider agency shall immediately provide the
coroner
|
or medical examiner with all records pertaining to the |
eligible adult;
|
(8.5) A coroner or medical examiner having proper |
jurisdiction, pursuant to a written agreement between a |
provider agency and the coroner or medical examiner, under |
which the provider agency may furnish to the office of the |
coroner or medical examiner a list of all eligible adults |
who may be at imminent risk of death as a result of abuse, |
neglect, financial exploitation, or self-neglect; |
(9) Department of Financial and Professional |
Regulation staff
and members of the Illinois Medical |
Disciplinary Board or the Social Work Examining and |
Disciplinary Board in the course
of investigating alleged |
violations of the Clinical Social Work and Social Work
|
|
Practice Act by provider agency staff or other licensing |
bodies at the discretion of the Director of the Department |
on Aging; |
(9-a) Department of Healthcare and Family Services |
staff when that Department is funding services to the |
eligible adult, including access to the identity of the |
eligible adult; |
(9-b) Department of Human Services staff when that |
Department is funding services to the eligible adult or is |
providing reimbursement for services provided by the |
abuser or alleged abuser, including access to the identity |
of the eligible adult; |
(10) Hearing officers in the course of conducting an |
administrative hearing under this Act; parties to such |
hearing shall be entitled to discovery as established by |
rule;
|
(11) A caregiver who challenges placement on the |
Registry shall be given the statement of allegations in the |
abuse report and the substantiation decision in the final |
investigative report; and |
(12) The Illinois Guardianship and Advocacy Commission |
and the agency designated by the Governor under Section 1 |
of the Protection and Advocacy for Persons with |
Developmental Disabilities Developmentally Disabled |
Persons Act shall have access, through the Department, to |
records, including the findings, pertaining to a completed |
|
or closed investigation of a report of suspected abuse, |
neglect, financial exploitation, or self-neglect of an |
eligible adult. |
(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039, |
eff. 8-25-14.)
|
(320 ILCS 20/9.5)
|
Sec. 9.5.
Commencement of action for ex parte
authorization |
orders; filing fees; process.
|
(a) Actions for ex parte authorization orders are
|
commenced:
|
(1) independently, by filing a petition for an ex
parte |
authorization order in the circuit court;
|
(2) in conjunction with other civil proceedings, by
|
filing a petition for an ex parte authorization order
under |
the same case number as a guardianship proceeding
under the |
Probate Act of 1975 where the eligible adult
is the alleged |
adult with a disability disabled adult .
|
(b) No fee shall be charged by the clerk for filing
|
petitions or certifying orders. No fee shall be charged by
a |
sheriff for service by the sheriff of a petition, rule,
motion, |
or order in an action commenced under this Section.
|
(c) Any action for an ex parte authorization order
|
commenced independently is a distinct cause of action and
|
requires that a separate summons be issued and served.
Service |
of summons is not required prior to entry of
emergency ex parte |
|
authorization orders.
|
(d) Summons may be served by a private person over 18
years |
of age and not a party to the action. The return by
that |
private person shall be by affidavit. The summons may
be served |
by a sheriff or other law enforcement officer,
and if summons |
is placed for service by the sheriff, it
shall be made at the |
earliest time practicable and shall
take precedence over other |
summonses except those of a
similar emergency nature.
|
(Source: P.A. 91-731, eff. 6-2-00.)
|
(320 ILCS 20/15.5) |
Sec. 15.5. Independent monitor. Subject to appropriation, |
to ensure the effectiveness and accountability of the adult |
protective services system, the agency designated by the |
Governor under Section 1 of the Protection and Advocacy for |
Persons with Developmental Disabilities Developmentally |
Disabled Persons Act shall monitor the system and provide to |
the Department review and evaluation of the system in |
accordance with administrative rules promulgated by the |
Department.
|
(Source: P.A. 98-49, eff. 7-1-13.)
|
Section 710. The Senior Citizens and Disabled Persons |
Property Tax Relief Act is amended by changing the title of the |
Act and Sections 1, 2, 3.14, 4, and 9 as follows:
|
|
(320 ILCS 25/Act title)
|
An Act in relation to the payment of grants to enable the |
elderly and
persons with disabilities the disabled to acquire |
or retain private housing.
|
(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
|
Sec. 1. Short title; common name. This Article shall be |
known and may be cited as the Senior Citizens and
Persons with |
Disabilities Disabled Persons Property Tax Relief
Act. Common |
references to the "Circuit Breaker Act" mean this Article. As |
used in this Article, "this Act" means this Article.
|
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
|
(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
|
Sec. 2. Purpose. The purpose of this Act is to provide |
incentives to the senior citizens
and persons with disabilities |
in disabled persons of this State to acquire and retain private |
housing of
their choice and at the same time to relieve those |
citizens from the
burdens of extraordinary property taxes |
against their increasingly
restricted earning power, and |
thereby to reduce the requirements for public
housing in this |
State.
|
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
|
(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
|
Sec. 3.14.
" Person with a disability Disabled person " means |
|
a person unable to engage in any substantial
gainful activity |
by reason of a medically determinable physical or mental
|
impairment which can be expected to result in death or has |
lasted or can be
expected to last for a continuous period of |
not less than 12 months.
Persons with disabilities Disabled |
persons filing claims under this Act shall submit proof of
the |
disability in such form and manner as the Department shall by |
rule and
regulation prescribe. Proof that a claimant is |
eligible to receive
disability benefits under the Federal |
Social Security Act shall constitute
proof of the disability |
for purposes of this Act. Issuance of an Illinois
Person with a |
Disability Identification Card stating that the claimant is |
under a
Class 2 disability, as defined in Section 4A of the |
Illinois Identification
Card Act, shall constitute proof that |
the person named thereon is a
person with a disability disabled |
person for purposes of this Act. A person with a disability |
disabled person not covered
under the Federal Social Security |
Act
and not presenting a Disabled Person Identification Card |
stating that
the claimant is under a Class 2 disability
shall |
be examined by a physician
designated by the Department, and |
his status as a person with a disability disabled person
|
determined using the same standards as used by the Social |
Security
Administration. The costs of any required examination |
shall be borne by the
claimant.
|
(Source: P.A. 97-1064, eff. 1-1-13.)
|
|
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
|
Sec. 4. Amount of Grant.
|
(a) In general. Any individual 65 years or older or any |
individual who will
become 65 years old during the calendar |
year in which a claim is filed, and any
surviving spouse of |
such a claimant, who at the time of death received or was
|
entitled to receive a grant pursuant to this Section, which |
surviving spouse
will become 65 years of age within the 24 |
months immediately following the
death of such claimant and |
which surviving spouse but for his or her age is
otherwise |
qualified to receive a grant pursuant to this Section, and any
|
person with a disability disabled person whose annual household |
income is less than the income eligibility limitation, as |
defined in subsection (a-5)
and whose household is liable for |
payment of property taxes accrued or has
paid rent constituting |
property taxes accrued and is domiciled in this State
at the |
time he or she files his or her claim is entitled to claim a
|
grant under this Act.
With respect to claims filed by |
individuals who will become 65 years old
during the calendar |
year in which a claim is filed, the amount of any grant
to |
which that household is entitled shall be an amount equal to |
1/12 of the
amount to which the claimant would otherwise be |
entitled as provided in
this Section, multiplied by the number |
of months in which the claimant was
65 in the calendar year in |
which the claim is filed.
|
(a-5) Income eligibility limitation. For purposes of this |
|
Section, "income eligibility limitation" means an amount for |
grant years 2008 and thereafter: |
(1) less than $22,218 for a household containing one |
person; |
(2) less than $29,480 for a household containing 2 |
persons; or |
(3) less than $36,740 for a
household containing 3 or |
more persons. |
For 2009 claim year applications submitted during calendar |
year 2010, a household must have annual household income of |
less than $27,610 for a household containing one person; less |
than $36,635 for a household containing 2 persons; or less than |
$45,657 for a household containing 3 or more persons. |
The Department on Aging may adopt rules such that on |
January 1, 2011, and thereafter, the foregoing household income |
eligibility limits may be changed to reflect the annual cost of |
living adjustment in Social Security and Supplemental Security |
Income benefits that are applicable to the year for which those |
benefits are being reported as income on an application. |
If a person files as a surviving spouse, then only his or |
her income shall be counted in determining his or her household |
income. |
(b) Limitation. Except as otherwise provided in |
subsections (a) and (f)
of this Section, the maximum amount of |
grant which a claimant is
entitled to claim is the amount by |
which the property taxes accrued which
were paid or payable |
|
during the last preceding tax year or rent
constituting |
property taxes accrued upon the claimant's residence for the
|
last preceding taxable year exceeds 3 1/2% of the claimant's |
household
income for that year but in no event is the grant to |
exceed (i) $700 less
4.5% of household income for that year for |
those with a household income of
$14,000 or less or (ii) $70 if |
household income for that year is more than
$14,000.
|
(c) Public aid recipients. If household income in one or |
more
months during a year includes cash assistance in excess of |
$55 per month
from the Department of Healthcare and Family |
Services or the Department of Human Services (acting
as |
successor to the Department of Public Aid under the Department |
of Human
Services Act) which was determined under regulations |
of
that Department on a measure of need that included an |
allowance for actual
rent or property taxes paid by the |
recipient of that assistance, the amount
of grant to which that |
household is entitled, except as otherwise provided in
|
subsection (a), shall be the product of (1) the maximum amount |
computed as
specified in subsection (b) of this Section and (2) |
the ratio of the number of
months in which household income did |
not include such cash assistance over $55
to the number twelve. |
If household income did not include such cash assistance
over |
$55 for any months during the year, the amount of the grant to |
which the
household is entitled shall be the maximum amount |
computed as specified in
subsection (b) of this Section. For |
purposes of this paragraph (c), "cash
assistance" does not |
|
include any amount received under the federal Supplemental
|
Security Income (SSI) program.
|
(d) Joint ownership. If title to the residence is held |
jointly by
the claimant with a person who is not a member of |
his or her household,
the amount of property taxes accrued used |
in computing the amount of grant
to which he or she is entitled |
shall be the same percentage of property
taxes accrued as is |
the percentage of ownership held by the claimant in the
|
residence.
|
(e) More than one residence. If a claimant has occupied |
more than
one residence in the taxable year, he or she may |
claim only one residence
for any part of a month. In the case |
of property taxes accrued, he or she
shall prorate 1/12 of the |
total property taxes accrued on
his or her residence to each |
month that he or she owned and occupied
that residence; and, in |
the case of rent constituting property taxes accrued,
shall |
prorate each month's rent payments to the residence
actually |
occupied during that month.
|
(f) (Blank).
|
(g) Effective January 1, 2006, there is hereby established |
a program of pharmaceutical assistance to the aged and to |
persons with disabilities disabled , entitled the Illinois |
Seniors and Disabled Drug Coverage Program, which shall be |
administered by the Department of Healthcare and Family |
Services and the Department on Aging in accordance with this |
subsection, to consist of coverage of specified prescription |
|
drugs on behalf of beneficiaries of the program as set forth in |
this subsection. Notwithstanding any provisions of this Act to |
the contrary, on and after July 1, 2012, pharmaceutical |
assistance under this Act shall no longer be provided, and on |
July 1, 2012 the Illinois Senior Citizens and Disabled Persons |
Pharmaceutical Assistance Program shall terminate. The |
following provisions that concern the Illinois Senior Citizens |
and Disabled Persons Pharmaceutical Assistance Program shall |
continue to apply on and after July 1, 2012 to the extent |
necessary to pursue any actions authorized by subsection (d) of |
Section 9 of this Act with respect to acts which took place |
prior to July 1, 2012. |
To become a beneficiary under the program established under |
this subsection, a person must: |
(1) be (i) 65 years of age or older or (ii) a person |
with a disability disabled ; and |
(2) be domiciled in this State; and |
(3) enroll with a qualified Medicare Part D |
Prescription Drug Plan if eligible and apply for all |
available subsidies under Medicare Part D; and |
(4) for the 2006 and 2007 claim years, have a maximum |
household income of (i) less than $21,218 for a household |
containing one person, (ii) less than $28,480 for a |
household containing 2 persons, or (iii) less than $35,740 |
for a household containing 3 or more persons; and |
(5) for the 2008 claim year, have a maximum household |
|
income of (i) less than $22,218 for a household containing |
one person, (ii) $29,480 for a household containing 2 |
persons, or (iii) $36,740 for a household containing 3 or |
more persons; and |
(6) for 2009 claim year applications submitted during |
calendar year 2010, have annual household income of less |
than (i) $27,610 for a household containing one person; |
(ii) less than $36,635 for a household containing 2 |
persons; or (iii) less than $45,657 for a household |
containing 3 or more persons; and |
(7) as of September 1, 2011, have a maximum household |
income at or below 200% of the federal poverty level. |
All individuals enrolled as of December 31, 2005, in the |
pharmaceutical assistance program operated pursuant to |
subsection (f) of this Section and all individuals enrolled as |
of December 31, 2005, in the SeniorCare Medicaid waiver program |
operated pursuant to Section 5-5.12a of the Illinois Public Aid |
Code shall be automatically enrolled in the program established |
by this subsection for the first year of operation without the |
need for further application, except that they must apply for |
Medicare Part D and the Low Income Subsidy under Medicare Part |
D. A person enrolled in the pharmaceutical assistance program |
operated pursuant to subsection (f) of this Section as of |
December 31, 2005, shall not lose eligibility in future years |
due only to the fact that they have not reached the age of 65. |
To the extent permitted by federal law, the Department may |
|
act as an authorized representative of a beneficiary in order |
to enroll the beneficiary in a Medicare Part D Prescription |
Drug Plan if the beneficiary has failed to choose a plan and, |
where possible, to enroll beneficiaries in the low-income |
subsidy program under Medicare Part D or assist them in |
enrolling in that program. |
Beneficiaries under the program established under this |
subsection shall be divided into the following 4 eligibility |
groups: |
(A) Eligibility Group 1 shall consist of beneficiaries |
who are not eligible for Medicare Part D coverage and who
|
are: |
(i) a person with a disability disabled and under |
age 65; or |
(ii) age 65 or older, with incomes over 200% of the |
Federal Poverty Level; or |
(iii) age 65 or older, with incomes at or below |
200% of the Federal Poverty Level and not eligible for |
federally funded means-tested benefits due to |
immigration status. |
(B) Eligibility Group 2 shall consist of beneficiaries |
who are eligible for Medicare Part D coverage. |
(C) Eligibility Group 3 shall consist of beneficiaries |
age 65 or older, with incomes at or below 200% of the |
Federal Poverty Level, who are not barred from receiving |
federally funded means-tested benefits due to immigration |
|
status and are not eligible for Medicare Part D coverage. |
If the State applies and receives federal approval for |
a waiver under Title XIX of the Social Security Act, |
persons in Eligibility Group 3 shall continue to receive |
benefits through the approved waiver, and Eligibility |
Group 3 may be expanded to include persons with |
disabilities who are disabled persons under age 65 with |
incomes under 200% of the Federal Poverty Level who are not |
eligible for Medicare and who are not barred from receiving |
federally funded means-tested benefits due to immigration |
status. |
(D) Eligibility Group 4 shall consist of beneficiaries |
who are otherwise described in Eligibility Group 2 who have |
a diagnosis of HIV or AIDS.
|
The program established under this subsection shall cover |
the cost of covered prescription drugs in excess of the |
beneficiary cost-sharing amounts set forth in this paragraph |
that are not covered by Medicare. The Department of Healthcare |
and Family Services may establish by emergency rule changes in |
cost-sharing necessary to conform the cost of the program to |
the amounts appropriated for State fiscal year 2012 and future |
fiscal years except that the 24-month limitation on the |
adoption of emergency rules and the provisions of Sections |
5-115 and 5-125 of the Illinois Administrative Procedure Act |
shall not apply to rules adopted under this subsection (g). The |
adoption of emergency rules authorized by this subsection (g) |
|
shall be deemed to be necessary for the public interest, |
safety, and welfare.
|
For purposes of the program established under this |
subsection, the term "covered prescription drug" has the |
following meanings: |
For Eligibility Group 1, "covered prescription drug" |
means: (1) any cardiovascular agent or drug; (2) any |
insulin or other prescription drug used in the treatment of |
diabetes, including syringe and needles used to administer |
the insulin; (3) any prescription drug used in the |
treatment of arthritis; (4) any prescription drug used in |
the treatment of cancer; (5) any prescription drug used in |
the treatment of Alzheimer's disease; (6) any prescription |
drug used in the treatment of Parkinson's disease; (7) any |
prescription drug used in the treatment of glaucoma; (8) |
any prescription drug used in the treatment of lung disease |
and smoking-related illnesses; (9) any prescription drug |
used in the treatment of osteoporosis; and (10) any |
prescription drug used in the treatment of multiple |
sclerosis. The Department may add additional therapeutic |
classes by rule. The Department may adopt a preferred drug |
list within any of the classes of drugs described in items |
(1) through (10) of this paragraph. The specific drugs or |
therapeutic classes of covered prescription drugs shall be |
indicated by rule. |
For Eligibility Group 2, "covered prescription drug" |
|
means those drugs covered by the Medicare Part D |
Prescription Drug Plan in which the beneficiary is |
enrolled. |
For Eligibility Group 3, "covered prescription drug" |
means those drugs covered by the Medical Assistance Program |
under Article V of the Illinois Public Aid Code. |
For Eligibility Group 4, "covered prescription drug" |
means those drugs covered by the Medicare Part D |
Prescription Drug Plan in which the beneficiary is |
enrolled. |
Any person otherwise eligible for pharmaceutical |
assistance under this subsection whose covered drugs are |
covered by any public program is ineligible for assistance |
under this subsection to the extent that the cost of those |
drugs is covered by the other program. |
The Department of Healthcare and Family Services shall |
establish by rule the methods by which it will provide for the |
coverage called for in this subsection. Those methods may |
include direct reimbursement to pharmacies or the payment of a |
capitated amount to Medicare Part D Prescription Drug Plans. |
For a pharmacy to be reimbursed under the program |
established under this subsection, it must comply with rules |
adopted by the Department of Healthcare and Family Services |
regarding coordination of benefits with Medicare Part D |
Prescription Drug Plans. A pharmacy may not charge a |
Medicare-enrolled beneficiary of the program established under |
|
this subsection more for a covered prescription drug than the |
appropriate Medicare cost-sharing less any payment from or on |
behalf of the Department of Healthcare and Family Services. |
The Department of Healthcare and Family Services or the |
Department on Aging, as appropriate, may adopt rules regarding |
applications, counting of income, proof of Medicare status, |
mandatory generic policies, and pharmacy reimbursement rates |
and any other rules necessary for the cost-efficient operation |
of the program established under this subsection. |
(h) A qualified individual is not entitled to duplicate
|
benefits in a coverage period as a result of the changes made
|
by this amendatory Act of the 96th General Assembly.
|
(Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333, |
eff. 8-12-11; 97-689, eff. 6-14-12.)
|
(320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
|
Sec. 9. Fraud; error. |
(a) Any person who files a fraudulent claim
for a grant |
under this Act, or who for compensation prepares a claim
for a |
grant and
knowingly enters false information on an application |
for any claimant under
this Act, or who fraudulently files |
multiple applications, or who
fraudulently states that a person |
without a disability is a person with a disability a |
nondisabled person is disabled , or who, prior to July 1, 2012, |
fraudulently procures pharmaceutical assistance benefits, or
|
who fraudulently uses such assistance to procure covered |
|
prescription drugs, or
who, on behalf of an authorized |
pharmacy, files a fraudulent request for payment, is
guilty of |
a Class 4 felony for the first offense and is guilty of a Class |
3
felony for each subsequent offense. |
(b) (Blank). |
(c) The Department on Aging may recover from a
claimant any |
amount paid to that claimant under this
Act on account of an |
erroneous or
fraudulent claim, together with 6% interest per |
year. Amounts
recoverable from a claimant by the Department on |
Aging under
this Act may, but need not, be recovered by |
offsetting the
amount owed against any future grant payable to |
the person
under this Act. |
The Department of Healthcare and Family Services may
|
recover for acts prior to July 1, 2012 from an authorized |
pharmacy any amount paid to that
pharmacy under the |
pharmaceutical assistance program on
account of an erroneous or |
fraudulent request for payment under
that program, together |
with 6% interest per year. The
Department of Healthcare and |
Family Services may recover from a
person who erroneously or |
fraudulently obtains benefits under
the pharmaceutical |
assistance program the value of the benefits
so obtained, |
together with 6% interest per year. |
(d) A prosecution for
a violation of this Section may be |
commenced at any time within 3 years
of the commission of that |
violation.
|
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
|
|
Section 715. The Senior Citizens Real Estate Tax Deferral |
Act is amended by changing Sections 2 and 8 as follows:
|
(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
|
Sec. 2. Definitions. As used in this Act:
|
(a) "Taxpayer" means an individual whose household income |
for the year
is no greater than: (i) $40,000 through tax year |
2005; (ii) $50,000 for tax years 2006 through 2011; and (iii) |
$55,000 for tax year 2012 and thereafter.
|
(b) "Tax deferred property" means the property upon which |
real
estate taxes are deferred under this Act.
|
(c) "Homestead" means the land and buildings thereon, |
including a
condominium or a dwelling unit in a multidwelling |
building that is owned and
operated as a cooperative, occupied |
by the taxpayer as his residence or which
are temporarily |
unoccupied by the taxpayer because such taxpayer is temporarily
|
residing, for not more than 1 year, in a licensed facility as |
defined in
Section 1-113 of the Nursing Home Care Act.
|
(d) "Real estate taxes" or "taxes" means the taxes on real |
property for
which the taxpayer would be liable under the |
Property Tax Code, including special service area taxes, and |
special assessments on
benefited real property for which the |
taxpayer would be liable to a unit of
local government.
|
(e) "Department" means the Department of Revenue.
|
(f) "Qualifying property" means a homestead which (a) the |
|
taxpayer or the
taxpayer and his spouse own in fee simple or |
are purchasing in fee simple under
a recorded instrument of |
sale, (b) is not income-producing property, (c) is not
subject |
to a lien for unpaid real estate taxes when a claim under this |
Act is
filed, and (d) is not held in trust, other than an |
Illinois land trust with the taxpayer identified as the sole |
beneficiary, if the taxpayer is filing for the program for the |
first time effective as of the January 1, 2011 assessment year |
or tax year 2012 and thereafter.
|
(g) "Equity interest" means the current assessed valuation |
of the qualified
property times the fraction necessary to |
convert that figure to full market
value minus any outstanding |
debts or liens on that property. In the case of
qualifying |
property not having a separate assessed valuation, the |
appraised
value as determined by a qualified real estate |
appraiser shall be used instead
of the current assessed |
valuation.
|
(h) "Household income" has the meaning ascribed to that |
term in the Senior
Citizens and Persons with Disabilities |
Disabled Persons Property Tax Relief
Act.
|
(i) "Collector" means the county collector or, if the taxes |
to be deferred
are special assessments, an official designated |
by a unit of local government
to collect special assessments.
|
(Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
|
(320 ILCS 30/8) (from Ch. 67 1/2, par. 458)
|
|
Sec. 8.
Nothing in this Act (a) affects any provision of
|
any mortgage or other instrument relating to land requiring a
|
person to pay real estate taxes or (b) affects the eligibility |
of any
person to receive any grant pursuant to the "Senior |
Citizens and Persons with Disabilities Disabled
Persons |
Property Tax Relief Act".
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 720. The Senior Pharmaceutical Assistance Act is |
amended by changing Section 5 as follows:
|
(320 ILCS 50/5)
|
Sec. 5. Findings. The General Assembly finds:
|
(1) Senior citizens identify pharmaceutical assistance as |
the single most
critical factor to their health, well-being, |
and continued independence.
|
(2) The State of Illinois currently operates 2 |
pharmaceutical assistance
programs that benefit seniors: (i) |
the program of pharmaceutical assistance
under
the Senior |
Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act and (ii) the Aid to the Aged, Blind, or |
Disabled program under
the
Illinois Public Aid Code. The State |
has been given authority to establish a
third program, SeniorRx |
Care, through a federal Medicaid waiver.
|
(3) Each year, numerous pieces of legislation are filed |
seeking to
establish additional pharmaceutical assistance |
|
benefits for seniors or to make
changes to the existing |
programs.
|
(4) Establishment of a pharmaceutical assistance review |
committee will
ensure proper coordination of benefits, |
diminish the likelihood of duplicative
benefits, and ensure |
that the best interests of seniors are served.
|
(5) In addition to the State pharmaceutical assistance |
programs, several
private entities, such as drug manufacturers |
and pharmacies, also offer
prescription drug discount or |
coverage programs.
|
(6) Many seniors are unaware of the myriad of public and |
private programs
available to them.
|
(7) Establishing a pharmaceutical clearinghouse with a |
toll-free hot-line
and local outreach workers will educate |
seniors about the vast array of options
available to them and |
enable seniors to make an educated and informed choice
that is |
best for them.
|
(8) Estimates indicate that almost one-third of senior |
citizens lack
prescription drug coverage. The federal |
government, states, and the
pharmaceutical industry each have a |
role in helping these uninsured seniors
gain
access to |
life-saving medications.
|
(9) The State of Illinois has recognized its obligation to |
assist
Illinois' neediest seniors in purchasing prescription |
medications, and it is
now
time for pharmaceutical |
manufacturers to recognize their obligation to make
their |
|
medications affordable to seniors.
|
(Source: P.A. 97-689, eff. 6-14-12.)
|
Section 725. The Illinois Prescription Drug Discount
|
Program Act is amended by changing Section 30 as follows:
|
(320 ILCS 55/30)
|
Sec. 30. Manufacturer rebate agreements.
|
(a) Taking into consideration the extent to which the State |
pays for
prescription
drugs under various State programs
and |
the provision of assistance to persons with disabilities |
disabled persons or eligible seniors under
patient
assistance |
programs, prescription drug discount programs, or other offers |
for
free or
reduced price medicine, clinical research projects, |
limited supply distribution
programs,
compassionate use |
programs, or programs of research conducted by or for a drug
|
manufacturer, the Department, its agent, or the program
|
administrator shall negotiate and enter into rebate agreements |
with drug
manufacturers, as
defined in this Act, to effect |
prescription drug price discounts.
The Department or program |
administrator may exclude certain medications from the list of |
covered medications and may establish a preferred drug list as
|
a
basis
for determining the discounts, administrative fees, or |
other fees or rebates
under this Section.
|
(b) (Blank).
|
(c) Receipts from rebates
shall be used
to provide |
|
discounts for prescription drugs purchased by cardholders and |
to cover the cost of administering the program. Any receipts to |
be
allocated to the Department shall be deposited into the |
Illinois
Prescription Drug Discount Program Fund, a trust fund |
created outside the State Treasury with the State Treasurer |
acting as ex officio custodian. Disbursements from the Illinois |
Prescription Drug Discount Program Fund shall be made upon the |
direction of the Director of Central Management Services.
|
(Source: P.A. 94-86, eff. 1-1-06; 94-91, eff. 7-1-05; 95-331, |
eff. 8-21-07.)
|
Section 730. The Abused and Neglected Child Reporting Act |
is amended by changing Sections 4.4a, 7.1, 11.1, 11.5, and 11.7 |
as follows:
|
(325 ILCS 5/4.4a) |
Sec. 4.4a. Department of Children and Family Services duty |
to report to Department of Human Services' Office of Inspector |
General. Whenever the Department receives, by means of its |
statewide toll-free telephone number established under Section |
7.6 for the purpose of reporting suspected child abuse or |
neglect or by any other means or from any mandated reporter |
under Section 4 of this Act, a report of suspected abuse, |
neglect, or financial exploitation of an adult with a |
disability a disabled adult between the ages of 18 and 59 and |
who is not residing in a DCFS licensed facility, the Department |
|
shall instruct the reporter to contact the Department of Human |
Services' Office of the Inspector General and shall provide the |
reporter with the statewide, 24-hour toll-free telephone |
number established and maintained by the Department of Human |
Services' Office of the Inspector General.
|
(Source: P.A. 96-1446, eff. 8-20-10.)
|
(325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
|
Sec. 7.1.
(a) To the fullest extent feasible, the |
Department shall cooperate
with and shall seek the cooperation |
and involvement of all appropriate public
and private agencies, |
including health, education, social service and law
|
enforcement agencies, religious institutions,
courts of |
competent jurisdiction, and agencies,
organizations, or |
programs providing or concerned with human services related
to |
the prevention, identification or treatment of child abuse or |
neglect.
|
Such cooperation and involvement shall include joint |
consultation and
services, joint planning, joint case |
management, joint public education and
information services, |
joint utilization of facilities, joint staff
development and |
other training, and the creation of multidisciplinary case
|
diagnostic, case handling, case management, and policy |
planning teams.
Such cooperation and involvement shall also |
include consultation and planning
with the Illinois Department |
of Human Services regarding
referrals to designated
perinatal |
|
centers of newborn children requiring protective custody under
|
this Act, whose life or development may be threatened by a |
developmental
disability or disabling handicapping condition.
|
For implementing such intergovernmental cooperation and |
involvement,
units of local government and public and private |
agencies may apply for and
receive federal or State funds from |
the Department under this Act or seek
and receive gifts from |
local philanthropic or other private local sources
in order to |
augment any State funds appropriated for the purposes of this |
Act.
|
(b) The Department may establish up to 5 demonstrations of
|
multidisciplinary teams to advise, review and monitor cases of |
child abuse
and neglect brought
by the Department or any member |
of the team. The Director shall determine
the criteria by which |
certain cases of child abuse or neglect are brought
to the |
multidisciplinary teams. The criteria shall include but not be |
limited
to geographic area and classification of certain cases |
where allegations
are of a severe nature. Each |
multidisciplinary team shall consist of 7
to 10 members |
appointed by the Director, including, but not limited to
|
representatives from the medical, mental health, educational, |
juvenile
justice, law enforcement and social service fields.
|
(Source: P.A. 92-801, eff. 8-16-02.)
|
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
|
Sec. 11.1. Access to records.
|
|
(a) A person shall have access to the
records described in |
Section 11 only in furtherance of purposes directly
connected |
with the administration of this Act or the Intergovernmental |
Missing
Child Recovery Act of 1984. Those persons and purposes |
for access include:
|
(1) Department staff in the furtherance of their |
responsibilities under
this Act, or for the purpose of |
completing background investigations on
persons or |
agencies licensed by the Department or with whom the |
Department
contracts for the provision of child welfare |
services.
|
(2) A law enforcement agency investigating known or |
suspected child abuse
or neglect, known or suspected |
involvement with child pornography, known or
suspected |
criminal sexual assault, known or suspected criminal |
sexual abuse, or
any other sexual offense when a child is |
alleged to be involved.
|
(3) The Department of State Police when administering |
the provisions of
the Intergovernmental Missing Child |
Recovery Act of 1984.
|
(4) A physician who has before him a child whom he |
reasonably
suspects may be abused or neglected.
|
(5) A person authorized under Section 5 of this Act to |
place a child
in temporary protective custody when such |
person requires the
information in the report or record to |
determine whether to place the
child in temporary |
|
protective custody.
|
(6) A person having the legal responsibility or |
authorization to
care for, treat, or supervise a child, or |
a parent, prospective adoptive parent, foster parent,
|
guardian, or other
person responsible for the child's |
welfare, who is the subject of a report.
|
(7) Except in regard to harmful or detrimental |
information as
provided in Section 7.19, any subject of the |
report, and if the subject of
the report is a minor, his |
guardian or guardian ad litem.
|
(8) A court, upon its finding that access to such |
records may be
necessary for the determination of an issue |
before such court; however,
such access shall be limited to |
in camera inspection, unless the court
determines that |
public disclosure of the information contained therein
is |
necessary for the resolution of an issue then pending |
before it.
|
(8.1) A probation officer or other authorized |
representative of a
probation or court services department |
conducting an investigation ordered
by a court under the |
Juvenile Court Act of l987.
|
(9) A grand jury, upon its determination that access to |
such records
is necessary in the conduct of its official |
business.
|
(10) Any person authorized by the Director, in writing, |
for audit or
bona fide research purposes.
|
|
(11) Law enforcement agencies, coroners or medical |
examiners,
physicians, courts, school superintendents and |
child welfare agencies
in other states who are responsible |
for child abuse or neglect
investigations or background |
investigations.
|
(12) The Department of Professional Regulation, the |
State Board of
Education and school superintendents in |
Illinois, who may use or disclose
information from the |
records as they deem necessary to conduct
investigations or |
take disciplinary action, as provided by law.
|
(13) A coroner or medical examiner who has reason to
|
believe that a child has died as the result of abuse or |
neglect.
|
(14) The Director of a State-operated facility when an |
employee of that
facility is the perpetrator in an |
indicated report.
|
(15) The operator of a licensed child care facility or |
a facility licensed
by the Department of Human Services (as |
successor to the Department of
Alcoholism and Substance |
Abuse) in which children reside
when a current or |
prospective employee of that facility is the perpetrator in
|
an indicated child abuse or neglect report, pursuant to |
Section 4.3 of the
Child Care Act of 1969.
|
(16) Members of a multidisciplinary team in the |
furtherance of its
responsibilities under subsection (b) |
of Section 7.1. All reports
concerning child abuse and |
|
neglect made available to members of such
|
multidisciplinary teams and all records generated as a |
result of such
reports shall be confidential and shall not |
be disclosed, except as
specifically authorized by this Act |
or other applicable law. It is a Class
A misdemeanor to |
permit, assist or encourage the unauthorized release of
any |
information contained in such reports or records. Nothing |
contained in
this Section prevents the sharing of reports |
or records relating or pertaining
to the death of a minor |
under the care of or receiving services from the
Department |
of Children and Family Services and under the jurisdiction |
of the
juvenile court with the juvenile court, the State's |
Attorney, and the minor's
attorney.
|
(17) The Department of Human Services, as provided
in |
Section 17 of the Rehabilitation of Persons with |
Disabilities Disabled Persons Rehabilitation Act.
|
(18) Any other agency or investigative body, including |
the Department of
Public Health and a local board of |
health, authorized by State law to
conduct an investigation |
into the quality of care provided to children in
hospitals |
and other State regulated care facilities. The access to |
and
release of information from such records shall be |
subject to the approval
of the Director of the Department |
or his designee.
|
(19) The person appointed, under Section 2-17 of the |
Juvenile Court
Act of 1987, as the guardian ad litem of a |
|
minor who is the subject of a
report or
records under this |
Act.
|
(20) The Department of Human Services, as provided in |
Section 10 of the
Early
Intervention Services System Act, |
and the operator of a facility providing
early
intervention |
services pursuant to that Act, for the purpose of |
determining
whether a
current or prospective employee who |
provides or may provide direct services
under that
Act is |
the perpetrator in an indicated report of child abuse or |
neglect filed
under this Act.
|
(b) Nothing contained in this Act prevents the sharing or
|
disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
|
(c) To the extent that persons or agencies are given access |
to
information pursuant to this Section, those persons or |
agencies may give this
information to and
receive this |
information from each other in order to facilitate an
|
investigation
conducted by those persons or agencies.
|
(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.)
|
(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
|
Sec. 11.5.
Within the appropriation available, the |
Department shall conduct
a continuing education and training |
|
program for State and local staff,
persons and officials |
required to report, the general public, and other
persons |
engaged in or intending to engage in the prevention, |
identification,
and treatment of child abuse and neglect. The |
program shall be designed
to encourage the fullest degree of |
reporting of known and suspected child
abuse and neglect, and |
to improve communication, cooperation, and coordination
among |
all agencies in the identification, prevention, and treatment |
of child
abuse and neglect. The program shall inform the |
general public and
professionals of the nature and extent of |
child abuse and neglect and their
responsibilities, |
obligations, powers and immunity from liability under
this Act. |
It may include information on the diagnosis of child abuse and
|
neglect and the roles and procedures of the Child Protective |
Service Unit,
the Department and central register, the courts |
and of the protective,
treatment, and ameliorative
services |
available to children and their families. Such information may
|
also include special needs of mothers at risk of delivering a |
child whose
life or development may be threatened by a |
disabling handicapping condition, to ensure
informed consent |
to treatment of the condition and understanding of the
unique |
child care responsibilities required for such a child. The |
program
may also encourage parents and other persons
having |
responsibility for the welfare of children to seek assistance |
on
their own in meeting their child care responsibilities and |
encourage the
voluntary acceptance of available services when |
|
they are needed. It may
also include publicity and |
dissemination of information on the existence
and number of the |
24 hour, State-wide, toll-free telephone service to assist
|
persons seeking assistance and to receive reports of known and |
suspected
abuse and neglect.
|
Within the appropriation available, the Department also |
shall conduct
a continuing education and training program for |
State and local staff
involved in investigating reports of |
child abuse or neglect made under this
Act. The program shall |
be designed to train such staff in the necessary
and |
appropriate procedures to be followed in investigating cases |
which it
appears may result in civil or criminal charges being |
filed against a
person. Program subjects shall include but not |
be limited to the gathering
of evidence with a view toward |
presenting such evidence in court and the
involvement of State |
or local law enforcement agencies in the investigation.
The |
program shall be conducted in cooperation with State or local |
law
enforcement agencies, State's Attorneys and other |
components of the
criminal justice system as the Department |
deems appropriate.
|
(Source: P.A. 85-984.)
|
(325 ILCS 5/11.7) (from Ch. 23, par. 2061.7)
|
Sec. 11.7.
(a) The Director shall appoint the chairperson |
and members
of a "State-wide Citizen's Committee on Child Abuse |
and Neglect" to consult
with and advise the Director. The |
|
Committee shall be composed of individuals
of distinction in |
human services, neonatal medical care, needs and rights
of |
persons with disabilities the disabled , law and community life, |
broadly representative
of social and economic communities |
across the State, who shall be appointed
to 3 year staggered |
terms. The chairperson and members of the Committee
shall serve |
without compensation, although their travel and per diem |
expenses
shall be reimbursed in accordance with standard State |
procedures. Under
procedures adopted by the Committee, it may |
meet at any time, confer with
any individuals, groups, and |
agencies; and may issue reports or recommendations
on any |
aspect of child abuse or neglect it deems appropriate.
|
(b) The Committee shall advise the Director on setting |
priorities for
the administration of child abuse prevention, |
shelters and service programs,
as specified in Section 4a of |
"An Act creating the Department of Children
and Family |
Services, codifying its powers and duties, and repealing |
certain
Acts and Sections herein named", approved June 4, 1963, |
as amended.
|
(c) The Committee shall advise the Director on policies and |
procedures
with respect to the medical neglect of newborns and |
infants.
|
(Source: P.A. 84-611.)
|
Section 735. The High Risk Youth Career Development Act is |
amended by changing Section 1 as follows:
|
|
(325 ILCS 25/1) (from Ch. 23, par. 6551)
|
Sec. 1. The Department of Human Services (acting as |
successor to the
Illinois Department of Public Aid under the |
Department of Human Services
Act), in cooperation with
the |
Department of Commerce and Economic Opportunity, the Illinois |
State Board
of Education, the Department of Children and Family |
Services, the
Department of Employment Services and other |
appropriate State and local
agencies, may establish and |
administer, on an experimental basis and
subject to |
appropriation, community-based programs providing
|
comprehensive, long-term intervention strategies to increase |
future
employability and career development among high risk |
youth.
The Department of Human Services, and the other |
cooperating
agencies, shall
establish provisions for community |
involvement in the design, development,
implementation and |
administration of these programs. The programs
may provide the |
following services: teaching of basic literacy and
remedial |
reading and writing; vocational training programs which are
|
realistic in terms of producing lifelong skills necessary for |
career
development; and supportive services including |
transportation and child
care during the training period and |
for up to one year after placement in a
job. The programs shall |
be targeted to high risk youth residing in the
geographic areas |
served by the respective programs. "High risk" means that
a |
person is at least 16 years of age but not yet 21 years of age |
|
and
possesses one or more of the following characteristics:
|
(1) Has low income;
|
(2) Is a member of a minority;
|
(3) Is illiterate;
|
(4) Is a school drop out;
|
(5) Is homeless;
|
(6) Is a person with a disability disabled ;
|
(7) Is a parent; or
|
(8) Is a ward of the State.
|
The Department of Human Services
and other cooperating |
State agencies
shall promulgate rules and
regulations, |
pursuant to the Illinois Administrative Procedure Act, for the
|
implementation of this Act, including procedures and standards |
for
determining whether a person possesses any of the |
characteristics specified
in this Section.
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
Section 740. The War on Terrorism Compensation Act is |
amended by changing Section 20 as follows:
|
(330 ILCS 32/20)
|
Sec. 20. Legal disability. If a person to whom compensation |
is payable under this Act is under a legal disability, the |
compensation shall be paid to the person legally vested with |
the care of the person under a legal disability legally |
disabled person under the laws of his or her state of |
|
residence. If no such person has been so designated for the |
person under a legal disability legally disabled person , |
payment shall be made to the chief officer of any hospital or |
institution under the supervision or control of any state or of |
the United States Department of Veterans Affairs in which the |
person under a legal disability legally disabled person is |
placed, if that officer is authorized to accept moneys for the |
benefit of the person under a legal disability legally disabled |
person . Any payments so made shall be held or used solely for |
the benefit of the person under a legal disability legally |
disabled person .
|
As used in this Section, a person under a legal disability |
means a person found to be so by a court of competent |
jurisdiction of any state or the District of Columbia or by any |
adjudication officer of the United States Department of |
Veterans Affairs.
|
(Source: P.A. 96-76, eff. 7-24-09.)
|
Section 745. The Prisoner of War Bonus Act is amended by |
changing Section 4 as follows:
|
(330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64)
|
Sec. 4.
The Department of Veterans' Affairs has complete |
charge and
control of the general scheme of payments authorized |
by this Act and shall
adopt general rules for the making of |
such payments, the ascertainment and
selection of proper |
|
beneficiaries and the amount to which such
beneficiaries are |
entitled, and for procedure.
|
If the person to whom compensation is payable under this |
Act is a person
under a legal disability, it shall be paid to |
the person legally vested with
the care of such person under a |
legal disability legally disabled person under the laws of this |
State of
residence. If no such person has been so designated |
for the person under a legal disability legally
disabled |
person , payment shall be made to the chief officer of any |
hospital
or institution under the supervision or control of any |
State or of the
Veterans Administration of the United States in |
which such person under a legal disability legally disabled
|
person is placed, if such officer is authorized to accept |
moneys for the
benefit of the person under a legal disability |
legally disabled person . Any payments so made shall be held
or |
used solely for the benefit of the person under a legal |
disability legally disabled person .
|
As used in this Section, a person under a legal disability |
means any person
found to be so disabled by a court of |
competent jurisdiction of any State
or the District of Columbia |
or by any adjudication officer of the Veterans
Administration |
of the United States.
|
(Source: P.A. 85-169.)
|
Section 750. The Military Veterans Assistance Act is |
amended by changing Section 6 as follows:
|
|
(330 ILCS 45/6) (from Ch. 23, par. 3086)
|
Sec. 6.
Overseers of military veterans assistance are |
hereby prohibited
from sending military veterans (or their |
families or the families of those
deceased) to any almshouse |
(or orphan asylum) without the full concurrence
and consent of |
the commander and assistance committee of the post or camp
of a |
military veterans organization having jurisdiction as provided |
in
Sections 2 and 3 of this Act. Military veterans with |
families and the
families of deceased veterans, shall, whenever |
practicable, be provided for
and assisted at their homes in |
such city or town in which they shall have a
residence, in the |
manner provided in Sections 2 and 3 of this Act. Needy veterans |
or veterans with disabilities or
disabled veterans of the |
classes specified in Section 2 of this Act, who
are not |
mentally ill, and who have no families or friends with which |
they
may be domiciled, may be sent to any veterans home. Any |
less fortunate
veteran of either of the classes specified in |
Section 2 of this Act or any
member of the family of any living |
or deceased veteran of said classes, who
may be mentally ill, |
shall, upon the recommendation of the commander
and assistance |
committee of such post or camp of a military veterans
|
organization, within the jurisdiction of which the case may |
occur, be sent
to any mental health facility and cared for as |
provided for indigent
persons who are mentally ill.
|
(Source: P.A. 87-796.)
|
|
Section 755. The Disabled Veterans Housing Act is amended |
by changing Section 0.01 as follows:
|
(330 ILCS 65/0.01) (from Ch. 126 1/2, par. 57.90)
|
Sec. 0.01. Short title. This Act may be cited as the
|
Housing for Veterans with Disabilities Disabled Veterans |
Housing Act.
|
(Source: P.A. 86-1324.)
|
Section 760. The Children of Deceased Veterans Act is |
amended by changing Section 1 as follows:
|
(330 ILCS 105/1) (from Ch. 126 1/2, par. 26)
|
Sec. 1. The Illinois Department of Veterans' Affairs
shall |
provide, insofar as moneys are appropriated for those purposes, |
for
matriculation and tuition fees, board, room rent, books and |
supplies for
the use and benefit of children, not under 10 and |
not over 18 years of age,
except extension of time may be |
granted for a child to complete high school
but in no event |
beyond the 19th birthday who have for 12 months immediately
|
preceding their application for these benefits had their |
domicile in the
State of Illinois, of World War I
veterans who |
were killed in action
or who died between April 6, 1917, and |
July 2, 1921, and of World War II
veterans who were killed in |
action or died after December 6, 1941, and on
or before |
|
December 31, 1946, and of Korean conflict veterans who were |
killed
in action or died between June 27, 1950 and January 31, |
1955, and of Vietnam
conflict veterans who were killed in |
action or died between January 1, 1961
and May 7, 1975, as a |
result of service in the Armed Forces of the United
States or |
from other causes of World War I, World
War II, the Korean |
conflict or the Vietnam conflict,
who died, whether before or |
after the cessation of hostilities, from service-connected
|
disability, and of any veterans who died during the induction |
periods specified
below or died of a service-connected |
disability incurred during such induction
periods, such |
periods to be those beginning September 16, 1940, and ending
|
December 6, 1941, and beginning January 1, 1947 and ending June |
26, 1950
and the period beginning February 1, 1955, and ending |
on the day before
the first day thereafter on which individuals |
(other than individuals liable
for induction by reason of prior |
deferment) are no longer liable for induction
for training and |
service into the Armed Forces under the Universal Military
|
Training and Service Act, and beginning January 1, 1961 and |
ending May
7, 1975 and of any veterans who are persons with a |
total and permanent disability totally and permanently
|
disabled as a result of a service-connected disability (or who |
died
while a disability so evaluated was in existence); which |
children are attending
or may attend a state or private |
educational institution of elementary or high school
grade or a |
business college, vocational training
school, or other |
|
educational institution in this State where courses of
|
instruction are provided in subjects which would tend to enable |
such
children to engage in any useful trade, occupation or |
profession. As
used in this Act "service-connected" means, with |
respect to disability
or death, that such disability was |
incurred or aggravated, or that the
death resulted from a |
disability incurred or aggravated, in the
performance of active |
duty or active duty for training in the military
services. Such |
children shall
be admitted to state educational institutions |
free of tuition. No more
than $250.00 may be paid under this |
Act for any one child for any one
school year.
|
(Source: P.A. 94-106, eff. 7-1-05.)
|
Section 765. The Mental Health and Developmental |
Disabilities Code is amended by changing Sections 1-106, 1-125, |
2-101, 2-108, 2-114, 3-200, 3-400, 4-201, 4-201.1, 4-400, |
4-500, 4-701, 5-105, 6-103.1, and 6-103.2 and by changing the |
headings of Chapter IV, Article III of Chapter IV, Article IV |
of Chapter IV, and Article V of Chapter IV as follows:
|
(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
|
Sec. 1-106.
"Developmental disability" means a disability |
which is
attributable to: (a) an intellectual disability, |
cerebral palsy, epilepsy or autism;
or (b) any other condition |
which results in impairment similar to that
caused by an |
intellectual disability and which requires services similar to |
|
those
required by persons with an intellectual disability |
intellectually disabled persons . Such disability must |
originate before
the age of 18 years,
be expected to continue |
indefinitely, and constitute
a substantial disability |
handicap .
|
(Source: P.A. 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
|
(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)
|
Sec. 1-125.
"Restraint" means direct restriction through |
mechanical
means or personal physical force of the limbs, head |
or body of a recipient.
The partial or total immobilization of |
a recipient for the purpose
of performing a medical, surgical |
or dental procedure or as
part of a medically prescribed |
procedure for the treatment of an existing
physical disorder or |
the amelioration of a physical disability handicap shall not
|
constitute restraint, provided that the duration, nature and |
purposes of
the procedures or immobilization are properly |
documented in the
recipient's record and, that if the |
procedures or immobilization are
applied continuously or |
regularly for a period in excess of 24 hours, and
for every 24 |
hour period thereafter during which the immobilization may
|
continue, they are authorized in writing by a physician or |
dentist; and
provided further, that any such immobilization |
which extends for more than
30 days be reviewed by a physician |
or dentist other than the one who
originally authorized the |
immobilization.
|
|
Momentary periods of physical restriction by direct |
person-to-person
contact, without the aid of material or |
mechanical devices, accomplished
with limited force, and that |
are designed to prevent a recipient from
completing an act that |
would result in potential physical harm to himself
or another |
shall not constitute restraint, but shall be documented in the
|
recipient's clinical record.
|
(Source: P.A. 86-1402; 87-124.)
|
(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)
|
Sec. 2-101.
No recipient of services shall be presumed to |
be a person under a legal disability legally disabled ,
nor |
shall such person be held to be a person under a legal |
disability legally disabled except as determined by a
court. |
Such determination shall be separate from a judicial proceeding |
held
to determine whether a person is subject to involuntary |
admission or meets
the standard for judicial admission.
|
(Source: P.A. 85-971.)
|
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
|
Sec. 2-108. Use of restraint. Restraint may be used only as |
a therapeutic
measure to prevent a recipient from causing |
physical harm to himself or
physical abuse to others. Restraint |
may only be applied by a person who has
been trained in the |
application of the particular type of restraint to be
utilized. |
In no event shall restraint be utilized to punish or discipline |
|
a
recipient, nor is restraint to be used as a convenience for |
the staff.
|
(a) Except as provided in this Section, restraint shall be |
employed only
upon the written order of a physician, clinical |
psychologist, clinical social
worker, clinical professional |
counselor, or registered nurse with supervisory |
responsibilities. No restraint
shall be ordered unless the |
physician, clinical psychologist, clinical social
worker, |
clinical professional counselor, or registered nurse with |
supervisory responsibilities, after personally
observing and |
examining the recipient, is clinically satisfied that the use |
of
restraint is justified to prevent the recipient from causing |
physical harm to
himself or others. In no event may restraint |
continue for longer than 2 hours
unless within that time period |
a nurse with supervisory responsibilities or a
physician |
confirms, in writing, following a personal examination of the
|
recipient, that the restraint does not pose an undue risk to |
the recipient's
health in light of the recipient's physical or |
medical condition. The order
shall state the events leading up |
to the need for restraint and the purposes
for which restraint |
is employed. The order shall also state the length of time
|
restraint is to be employed and the clinical justification for |
that length of
time. No order for restraint shall be valid for |
more than 16 hours. If
further restraint is required, a new |
order must be issued pursuant to the
requirements provided in |
this Section.
|
|
(b) In the event there is an emergency requiring the |
immediate use
of restraint, it may be ordered temporarily by a |
qualified person only
where a physician, clinical |
psychologist, clinical social worker, clinical professional |
counselor, or
registered nurse with supervisory |
responsibilities is not immediately
available. In that event, |
an order by a nurse, clinical psychologist, clinical
social |
worker, clinical professional counselor, or physician shall be |
obtained pursuant to the requirements of
this Section as |
quickly as possible, and the recipient shall be examined by a
|
physician or supervisory nurse within 2 hours after the initial |
employment of
the emergency restraint. Whoever orders |
restraint in emergency situations shall
document its necessity |
and place that documentation in the recipient's record.
|
(c) The person who orders restraint shall inform the |
facility director or
his designee in writing of the use of |
restraint within 24 hours.
|
(d) The facility director shall review all restraint orders |
daily and shall
inquire into the reasons for the orders for |
restraint by any person who
routinely orders them.
|
(e) Restraint may be employed during all or part of one 24 |
hour
period, the period commencing with the initial application |
of the
restraint. However, once restraint has been employed |
during one 24 hour
period, it shall not be used again on the |
same recipient during the next
48 hours without the prior |
written authorization of the facility director.
|
|
(f) Restraint shall be employed in a humane and therapeutic |
manner and
the person being restrained shall be observed by a |
qualified person as often
as is clinically appropriate but in |
no event less than once every 15 minutes.
The qualified person |
shall maintain a record of the observations.
Specifically, |
unless there is an immediate danger that the recipient
will |
physically harm himself or others, restraint shall be loosely
|
applied to permit freedom of movement. Further, the recipient |
shall be
permitted to have regular meals and toilet privileges |
free from the
restraint, except when freedom of action may |
result in physical harm to
the recipient or others.
|
(g) Every facility that employs restraint shall provide |
training in the
safe and humane application of each type of |
restraint employed.
The facility shall not authorize the use of |
any type of restraint by an
employee who has not received |
training in the safe and humane application
of that type of |
restraint. Each facility in which restraint is used shall
|
maintain records detailing which employees have been trained |
and are
authorized to apply restraint, the date of the training |
and the type of
restraint that the employee was trained to use.
|
(h) Whenever restraint is imposed upon any recipient whose |
primary mode
of communication is sign language, the recipient |
shall be permitted to have
his hands free from restraint for |
brief periods each hour, except
when freedom may result in |
physical harm to the recipient or others.
|
(i) A recipient who is restrained may only be secluded at |
|
the same time
pursuant to an explicit written authorization as |
provided in Section 2-109
of this Code. Whenever a recipient is |
restrained, a member of the facility
staff shall remain with |
the recipient at all times unless the recipient has
been |
secluded. A recipient who is restrained and secluded shall be
|
observed by a qualified person as often as is clinically |
appropriate but in
no event less than every 15 minutes.
|
(j) Whenever restraint is used, the recipient shall be |
advised of his
right, pursuant to Sections 2-200 and 2-201 of |
this Code, to have any
person of his choosing, including the |
Guardianship and Advocacy Commission
or the agency designated |
pursuant to the Protection and Advocacy for
Persons with |
Developmental Disabilities Developmentally Disabled Persons |
Act notified of the restraint. A recipient
who is under |
guardianship may request that any person of his choosing be
|
notified of the restraint whether or not the guardian approves |
of the notice.
Whenever the Guardianship and Advocacy |
Commission is notified that a recipient
has been restrained, it |
shall contact that recipient to determine the
circumstances of |
the restraint and whether further action is warranted.
|
(Source: P.A. 98-137, eff. 8-2-13.)
|
(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
|
Sec. 2-114.
(a) Whenever an attorney or other advocate from |
the
Guardianship and Advocacy Commission or the agency |
designated by the
Governor under Section 1 of the Protection |
|
and Advocacy for Persons with Developmental Disabilities |
Developmentally
Disabled Persons Act or any
other attorney |
advises a facility in which a recipient is receiving
inpatient |
mental health services that he is presently representing the
|
recipient, or has been appointed by any court or administrative |
agency to
do so or has been requested to represent the |
recipient by a member of the
recipient's family, the facility |
shall, subject to the provisions of
Section 2-113 of this Code, |
disclose to the attorney or advocate
whether the recipient is |
presently residing in the facility and, if so,
how the attorney |
or advocate may communicate with the recipient.
|
(b) The facility may take reasonable precautions to |
identify the
attorney or advocate. No further information shall |
be disclosed to the
attorney or advocate except in conformity |
with the authorization procedures
contained in the Mental |
Health and Developmental Disabilities
Confidentiality Act.
|
(c) Whenever the location of the recipient has been |
disclosed to an
attorney or advocate, the facility director |
shall inform the recipient of
that fact and shall note this |
disclosure in the recipient's records.
|
(d) An attorney or advocate who receives any information |
under this
Section may not disclose this information to anyone |
else without the
written consent of the recipient obtained |
pursuant to Section 5 of the Mental
Health and Developmental |
Disabilities Confidentiality Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
|
(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
|
Sec. 3-200.
(a) A person may be admitted as an inpatient to |
a mental
health facility for treatment of mental illness only |
as provided in this
Chapter, except that a person may be |
transferred by the Department of
Corrections pursuant to the |
Unified Code of Corrections. A person transferred
by the |
Department of Corrections in this manner may be released only |
as
provided in the Unified Code of Corrections.
|
(b) No person who is diagnosed as a person with an
|
intellectual disability intellectually disabled or a person |
with a
developmental disability may be admitted or transferred |
to a Department mental
health facility or, any portion thereof, |
except as provided in this Chapter.
However, the evaluation and |
placement of such persons shall be governed by
Article II of |
Chapter 4 of this Code.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
|
Sec. 3-400. Voluntary admission to mental health facility. |
(a) Any person 16 or older, including a person adjudicated |
a person with a disability disabled person , may be admitted to |
a mental health
facility as a voluntary recipient for treatment |
of a mental illness upon the
filing of an application with the |
facility director of the facility if the
facility director |
determines and documents in the recipient's medical record that |
|
the person (1) is clinically suitable for admission as a |
voluntary recipient and (2) has the capacity to consent to |
voluntary admission. |
(b) For purposes of consenting to voluntary admission, a |
person has the capacity to consent to voluntary admission if, |
in the professional judgment of the facility director or his or |
her designee, the person is able to understand that: |
(1) He or she is being admitted to a mental health |
facility. |
(2) He or she may request discharge at any time. The |
request must be in writing, and discharge is not automatic. |
(3) Within 5 business days after receipt of the written |
request for discharge, the facility must either discharge |
the person or initiate commitment proceedings.
|
(c) No mental health facility shall require the completion |
of a petition or certificate as a condition of accepting the |
admission of a recipient who is being transported to that |
facility from any other inpatient or outpatient healthcare |
facility if the recipient has completed an application for |
voluntary admission to the receiving facility pursuant to this |
Section. |
(Source: P.A. 96-612, eff. 1-1-10; 97-375, eff. 8-15-11.)
|
(405 ILCS 5/Ch. IV heading) |
CHAPTER IV
|
ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES
|
|
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES THE |
DEVELOPMENTALLY DISABLED
|
(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
|
Sec. 4-201.
(a) A person with an intellectual disability An |
intellectually disabled person shall not reside in a Department
|
mental health facility unless the person is evaluated and is |
determined to be a
person with mental illness and the facility |
director determines that
appropriate treatment and |
habilitation are available and will be provided
to such person |
on the unit. In all such cases the Department mental health
|
facility director shall certify in writing within 30 days of |
the completion
of the evaluation and every 30 days thereafter, |
that the person has been
appropriately evaluated, that services |
specified in the treatment and
habilitation plan are being |
provided, that the setting in which services
are being provided |
is appropriate to the person's needs, and that
provision of |
such services fully complies with all applicable federal
|
statutes and regulations concerning the provision of services |
to persons with
a developmental disability. Those regulations |
shall include, but not be
limited to the regulations which |
govern the provision of services to persons
with a |
developmental disability in facilities certified under the |
Social
Security Act for federal financial participation, |
whether or not the facility
or portion thereof in which the |
recipient has been placed is presently
certified under the |
|
Social Security Act or would be eligible for such
certification |
under applicable federal regulations. The certifications shall |
be
filed in the recipient's record and with the office of the |
Secretary of the Department. A copy of the certification shall |
be given to
the person, an attorney or advocate who is |
representing the person and the
person's guardian.
|
(b) Any person admitted to a Department mental health |
facility who is
reasonably suspected of having a mild or |
moderate intellectual disability being mildly or moderately |
intellectually disabled ,
including those who also have a mental |
illness, shall be evaluated by a
multidisciplinary team which |
includes a qualified intellectual disabilities
professional |
designated by the Department facility director. The evaluation
|
shall be consistent with Section 4-300 of Article III in this |
Chapter, and
shall include: (1) a written assessment of whether |
the person needs a
habilitation plan and, if so, (2) a written |
habilitation
plan consistent
with Section 4-309, and (3) a |
written determination whether the admitting
facility is |
capable of providing the specified habilitation services. This
|
evaluation shall occur within a reasonable period of time, but |
in no case
shall that period exceed 14 days after admission. In |
all events, a
treatment plan shall be prepared for the person |
within 3 days of admission,
and reviewed and updated every 30 |
days, consistent with Section 3-209 of
this Code.
|
(c) Any person admitted to a Department mental health |
facility with an
admitting diagnosis of a severe or profound |
|
intellectual disability shall be
transferred to an appropriate |
facility or unit for persons with a
developmental disability |
within 72 hours of admission unless transfer is
contraindicated |
by the person's medical condition documented by appropriate
|
medical personnel. Any person diagnosed with a severe or |
profound intellectual disability as severely or profoundly |
intellectually disabled while in a Department mental health |
facility shall be transferred to
an appropriate facility or |
unit for persons with a developmental disability
within 72 |
hours of such diagnosis unless transfer is contraindicated by |
the
person's medical condition documented by appropriate |
medical personnel.
|
(d) The Secretary of the Department shall designate a
|
qualified intellectual disabilities professional in each of |
its mental health facilities who has
responsibility for |
insuring compliance with the provisions of Sections
4-201 and |
4-201.1.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
|
Sec. 4-201.1.
(a) A person residing in a Department mental |
health facility who is evaluated as having a mild or moderate |
intellectual disability being mildly or moderately |
intellectually disabled ,
an attorney or advocate representing |
the person, or a guardian of such
person may object to the |
Department facility director's certification
required in |
|
Section 4-201, the treatment and habilitation plan, or
|
appropriateness of setting, and obtain an administrative |
decision requiring
revision of a treatment or habilitation plan |
or change of setting, by
utilization review as provided in |
Sections 3-207 and 4-209 of this
Code. As part of this |
utilization review, the Committee shall
include as one of its |
members a qualified intellectual disabilities professional.
|
(b) The mental health facility director shall give written |
notice to
each person evaluated as having a mild or moderate |
intellectual disability being mildly or moderately |
intellectually disabled , the
person's attorney and guardian, |
if any, or in the case of a minor, to his
or her attorney, to |
the parent, guardian or person in loco parentis and to
the |
minor if 12 years of age or older, of the person's right to |
request a
review of the facility director's initial or |
subsequent determination that
such person is appropriately |
placed or is receiving appropriate services.
The notice shall |
also provide the address and phone number of the Legal
Advocacy |
Service of the Guardianship and Advocacy Commission, which the
|
person or guardian can contact for legal assistance. If |
requested, the
facility director shall assist the person or |
guardian in contacting the
Legal Advocacy Service. This notice |
shall be given within 24 hours of
Department's evaluation that |
the person has a mild or moderate intellectual disability is |
mildly or moderately intellectually disabled .
|
(c) Any recipient of services who successfully challenges a |
|
final
decision of the Secretary of the Department (or his or |
her designee) reviewing an objection to the certification |
required under Section
4-201, the treatment and habilitation |
plan, or the appropriateness of the
setting shall be entitled |
to recover reasonable attorney's fees incurred in
that |
challenge, unless the Department's position was substantially |
justified.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/Ch. IV Art. III heading) |
ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
|
OF PERSONS WITH DEVELOPMENTAL DISABILITIES THE DEVELOPMENTALLY |
DISABLED
|
(405 ILCS 5/Ch. IV Art. IV heading) |
ARTICLE IV. EMERGENCY ADMISSION
|
OF PERSONS WITH INTELLECTUAL DISABILITIES THE INTELLECTUALLY |
DISABLED
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)
|
Sec. 4-400.
(a) A person 18 years of age or older may be |
admitted on an
emergency basis to a facility under this Article |
if the facility director
of the facility determines: (1) that |
he is a person with an intellectual disability intellectually |
disabled ; (2) that he is
reasonably expected to inflict serious |
|
physical harm upon himself or another
in the near future; and |
(3) that immediate admission is necessary to prevent
such harm.
|
(b) Persons with a developmental disability under 18 years |
of age and
persons with a developmental disability 18 years of |
age or over who are under
guardianship or who are seeking |
admission on their own behalf may be admitted
for emergency |
care under Section 4-311.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/Ch. IV Art. V heading) |
ARTICLE V. JUDICIAL ADMISSION FOR THE |
PERSONS WITH INTELLECTUAL DISABILITIES INTELLECTUALLY DISABLED
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
|
Sec. 4-500.
A person 18 years of age or older may be |
admitted to a facility
upon court order under this Article if |
the court determines: (1) that he is
a person with an |
intellectual disability intellectually disabled ; and (2) that |
he is reasonably expected to inflict serious
physical harm upon |
himself or another in the near future.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
|
Sec. 4-701.
(a) Any client admitted to a developmental |
disabilities facility
under this Chapter may be
discharged |
|
whenever the facility director determines that he is suitable |
for discharge.
|
(b) Any client admitted to a facility or program of |
nonresidential services
upon court order under Article V
of |
this Chapter or admitted upon court order as a person with an |
intellectual disability or as intellectually disabled or |
mentally
deficient under any prior statute
shall be discharged |
whenever the facility director determines that he no
longer |
meets the standard for judicial
admission. When the facility |
director believes that continued residence
is advisable for |
such a client, he shall
inform the client and his guardian, if |
any, that the client may remain at
the facility on |
administrative
admission status. When a facility director |
discharges or changes the status
of such client, he shall |
promptly notify the clerk of the court who shall
note the |
action in the court record.
|
(c) When the facility director discharges a client pursuant |
to subsection
(b) of this Section, he shall promptly notify the |
State's Attorney of the
county in which the client resided |
immediately prior to his admission to
a developmental |
disabilities facility. Upon receipt of such notice, the State's
|
Attorney may notify such peace officers that he deems |
appropriate.
|
(d) The facility director may grant a temporary release to |
any client
when such release is appropriate and
consistent with |
the habilitation needs of the client.
|
|
(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13.)
|
(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
|
Sec. 5-105.
Each recipient of services provided directly or |
funded by
the Department and the estate of that recipient is |
liable for the payment
of sums representing charges for |
services to the recipient at a rate to be
determined by the |
Department in accordance with this Act. If a recipient
is a |
beneficiary of a trust described in Section 15.1 of the Trusts |
and
Trustees Act, the trust shall not be considered a part of |
the recipient's
estate and shall not be subject to payment for |
services to the recipient
under this Section except to the |
extent permitted under Section 15.1 of the
Trusts and Trustees |
Act. If the recipient is unable to pay or if the estate
of the |
recipient is insufficient, the responsible relatives are |
severally
liable for the payment of those sums or for the |
balance due in case less
than the amount prescribed under this |
Act has been paid. If the recipient
is under the age of 18, the |
recipient and responsible relative shall be liable
for medical |
costs on a case-by-case basis for services for the diagnosis
|
and treatment of conditions other than that child's disabling |
handicapping condition.
The liability shall be the lesser of |
the cost of medical care or the
amount of responsible relative |
liability established by the Department
under Section 5-116. |
Any person 18 through 21 years of age who is
receiving services |
under the Education for All Handicapped Children Act of
1975 |
|
(Public Law 94-142) or that person's responsible relative shall |
only
be liable for medical costs on a case-by-case basis for |
services for the
diagnosis and treatment of conditions other |
than the person's disabling handicapping
condition. The |
liability shall be the lesser of the cost of medical care
or |
the amount of responsible relative liability established by the
|
Department under Section 5-116. In the case of any person who |
has received
residential services from the Department, whether |
directly from the
Department or through a public or private |
agency or entity funded by the
Department, the liability shall |
be the same regardless of the source of
services. The maximum |
services charges for each recipient assessed against
|
responsible relatives collectively may not exceed financial |
liability
determined from income in accordance with Section |
5-116. Where the
recipient is placed in a nursing home or other |
facility outside the
Department, the Department may pay the |
actual cost of services in that
facility and may collect |
reimbursement for the entire amount paid from the
recipient or |
an amount not to exceed those amounts determined under Section
|
5-116 from responsible relatives according to their |
proportionate ability
to contribute to those charges. The |
liability of each responsible relative
for payment of services |
charges ceases when payments on the basis of
financial ability |
have been made for a total of 12 years for any recipient,
and |
any portion of that 12 year period during which a responsible |
relative
has been determined by the Department to be |
|
financially unable to pay any
services charges must be included |
in fixing the total period of liability.
No child is liable |
under this Act for services to a parent. No spouse is
liable |
under this Act for the services to the other spouse who |
wilfully
failed to contribute to the spouse's support for a |
period of 5 years
immediately preceding his or her admission. |
Any spouse claiming exemption
because of wilful failure to |
support during any such 5 year period must
furnish the |
Department with clear and convincing evidence substantiating
|
the claim. No parent is liable under this Act for the services |
charges
incurred by a child after the child reaches the age of |
majority. Nothing
in this Section shall preclude the Department |
from applying federal
benefits that are specifically provided |
for the care and treatment of a
person with a disability |
disabled person toward the cost of care provided by a State |
facility or
private agency.
|
(Source: P.A. 87-311; 88-380.)
|
(405 ILCS 5/6-103.1) |
Sec. 6-103.1. Adjudication as a person with a mental |
disability mentally disabled person . When a person has been |
adjudicated as a person with a mental disability mentally |
disabled person as defined in Section 1.1 of the Firearm Owners |
Identification Card Act, including, but not limited to, an |
adjudication as a person with a disability disabled person as |
defined in Section 11a-2 of the Probate Act of 1975, the court |
|
shall direct
the circuit court clerk to notify the
Department |
of State Police, Firearm Owner's Identification
(FOID) Office, |
in a form and manner prescribed by the Department of State |
Police, and shall forward a copy of the court order to the |
Department no later than 7 days after the entry of the order. |
Upon receipt of the order, the Department of State Police shall |
provide notification to the National Instant Criminal |
Background Check System.
|
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
|
(405 ILCS 5/6-103.2) |
Sec. 6-103.2. Developmental disability; notice. For |
purposes of this Section, if a person is determined to be a |
person with a developmental disability developmentally |
disabled as defined in Section 1.1 of the Firearm Owners |
Identification Card Act by a physician, clinical psychologist, |
or qualified examiner, whether practicing at a public or by a |
private mental health facility or developmental disability |
facility, the physician, clinical psychologist, or qualified |
examiner shall notify the Department of Human Services within |
24 hours of making the determination that the person has a |
developmental disability. The Department of Human Services |
shall immediately update its records and information relating |
to mental health and developmental disabilities, and if |
appropriate, shall notify the Department of State Police in a |
form and manner prescribed by the Department of State Police. |
|
Information disclosed under this Section shall remain |
privileged and confidential, and shall not be redisclosed, |
except as required under subsection (e) of Section 3.1 of the |
Firearm Owners Identification Card Act, nor used for any other |
purpose. The method of providing this information shall |
guarantee that the information is not released beyond that |
which is necessary for the purpose of this Section and shall be |
provided by rule by the Department of Human Services. The |
identity of the person reporting under this Section shall not |
be disclosed to the subject of the report. |
The physician, clinical psychologist, or qualified |
examiner making the determination and his or her employer may |
not be held criminally, civilly, or professionally liable for |
making or not making the notification required under this |
Section, except for willful or wanton misconduct.
|
(Source: P.A. 98-63, eff. 7-9-13.)
|
Section 770. The Community Mental Health Act is amended by |
changing the title of the Act as follows:
|
(405 ILCS 20/Act title)
|
An Act relating to community mental health facilities and |
services, including
those for persons with developmental |
disabilities the developmentally disabled and the substance |
abusers abuser .
|
|
Section 775. The Specialized Living Centers Act is amended |
by changing the title of the Act and by changing Section 2.03 |
as follows:
|
(405 ILCS 25/Act title)
|
An Act in relation to specialized living centers for |
persons with developmental disabilities the
developmentally |
disabled and to amend Acts therein named in connection
|
therewith.
|
(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
|
Sec. 2.03.
"Person with a developmental disability" means |
individuals whose
disability is attributable to an |
intellectual disability, cerebral palsy, epilepsy or
other |
neurological condition which generally originates before such |
individuals
attain age 18 which had continued or can be |
expected to continue indefinitely
and which constitutes a |
substantial disability handicap to such individuals.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 780. The Community Services Act is amended by |
changing the title of the Act and Sections 1, 2, 3, and 4.4 as |
follows:
|
(405 ILCS 30/Act title)
|
An Act to facilitate the establishment of community |
|
services for persons
who are mentally ill, developmentally |
disabled , alcohol dependent, or addicted or who are persons |
with developmental disabilities .
|
(405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
|
Sec. 1. Purpose. It is declared to be the policy and intent |
of the Illinois
General Assembly that the Department of Human |
Services assume leadership in
facilitating the establishment |
of
comprehensive
and coordinated arrays of private and public |
services for persons with mental
illness, persons with a |
developmental disability, and alcohol and drug
dependent |
citizens residing in communities throughout the state. The
|
Department shall work
in partnership with local government |
entities, direct service providers,
voluntary
associations and |
communities to create a system that is sensitive to the needs
|
of local communities and which complements existing family and |
other natural
supports, social institutions and programs.
|
The goals of the service system shall include but not be |
limited to the
following: to strengthen the disabled |
individual's independence, self-esteem ,
and ability of the |
individual with a disability to participate in and contribute |
to community life; to insure
continuity of care for clients; to |
enable persons with disabilities disabled persons to access |
needed
services, commensurate with their individual wishes and |
needs, regardless
of where they reside in the state; to prevent |
unnecessary institutionalization
and the dislocation of |
|
individuals from their home communities; to provide
a range of |
services so that persons can receive these services in settings
|
which do not unnecessarily restrict their liberty; and to |
encourage clients
to move among settings as their needs change.
|
The system shall include provision of services in the areas |
of prevention,
client assessment and diagnosis, case |
coordination, crisis and emergency
care, treatment and |
habilitation and support services, and community
residential |
alternatives to institutional settings. The General Assembly
|
recognizes that community programs are an integral part of the |
larger service
system, which includes state-operated |
facilities for persons who cannot receive
appropriate services |
in the community.
|
Towards achievement of these ends, the Department of Human |
Services, working
in coordination with other State agencies, |
shall assume responsibilities
pursuant to this Act, which |
includes activities in the areas of planning,
quality |
assurance, program evaluation, community education, and the |
provision
of financial and technical assistance to local |
provider agencies.
|
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
|
(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
|
Sec. 2. Community Services System. Services should be |
planned,
developed, delivered and evaluated as part of a |
comprehensive and
coordinated system. The Department of Human |
|
Services
shall encourage the establishment of services in each |
area of the State
which cover the services categories described |
below. What specific
services are provided under each service |
category shall be based on local
needs; special attention shall |
be given to unserved and underserved
populations, including |
children and youth, racial and ethnic minorities,
and the |
elderly. The service categories shall include:
|
(a) Prevention: services designed primarily to reduce |
the incidence
and ameliorate the severity of developmental |
disabilities, mental illness and
alcohol and drug |
dependence;
|
(b) Client Assessment and Diagnosis: services designed |
to identify
persons with developmental disabilities, |
mental illness and alcohol and
drug dependency; to |
determine the extent of the disability and the level of
|
functioning; to ensure that the individual's need for |
treatment of mental disorders or substance use disorders or |
co-occurring substance use and mental health disorders is |
determined using a uniform screening, assessment, and |
evaluation process inclusive of criteria; for purposes of |
this subsection (b), a uniform screening, assessment, and |
evaluation process refers to a process that includes an |
appropriate evaluation and, as warranted, a referral; |
"uniform" does not mean the use of a singular instrument, |
tool, or process that all must utilize; information |
obtained through client evaluation can be used in
|
|
individual treatment and habilitation plans; to assure |
appropriate
placement and to assist in program evaluation;
|
(c) Case Coordination: services to provide information |
and assistance to
persons with disabilities to ensure |
disabled persons to insure that they obtain needed services |
provided by the
private and public sectors; case |
coordination services should be available
to individuals |
whose functioning level or history of institutional
|
recidivism or long-term care indicate that such assistance |
is required for
successful community living;
|
(d) Crisis and Emergency: services to assist |
individuals and
their families through crisis periods, to |
stabilize individuals under stress
and to prevent |
unnecessary institutionalization;
|
(e) Treatment, Habilitation and Support: services |
designed to help
individuals develop skills which promote |
independence and improved levels
of social and vocational |
functioning and personal growth; and to provide
|
non-treatment support services which are necessary for |
successful
community living;
|
(f) Community Residential Alternatives to |
Institutional Settings:
services to provide living |
arrangements for persons unable to live
independently; the |
level of supervision, services provided and length of
stay |
at community residential alternatives will vary by the type |
of program
and the needs and functioning level of the |
|
residents; other services may be
provided in a community |
residential alternative which promote the
acquisition of |
independent living skills and integration with the |
community.
|
(Source: P.A. 97-1061, eff. 8-24-12.)
|
(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
|
Sec. 3. Responsibilities for Community Services. Pursuant
|
to this Act, the Department of Human Services
shall facilitate |
the
establishment of a comprehensive and coordinated array of |
community services
based upon a federal, State and local |
partnership. In order to assist in
implementation of this Act, |
the Department shall prescribe and publish rules
and
|
regulations. The Department may request the assistance of other
|
State agencies, local
government entities, direct services |
providers, trade associations, and others in the development of
|
these regulations or other policies related to community |
services.
|
The Department shall assume the following roles and |
responsibilities for
community services:
|
(a) Service Priorities. Within the service categories |
described in Section
2 of this Act, establish and publish |
priorities for community services to
be rendered, and priority |
populations to receive these services.
|
(b) Planning. By January 1, 1994 and by January 1 of each |
third year
thereafter, prepare and publish a Plan which |
|
describes goals and objectives for
community services |
state-wide and for regions and subregions needs assessment,
|
steps and time-tables for implementation of the goals also |
shall be included;
programmatic goals and objectives for |
community services shall cover the
service categories defined |
in Section 2 of this Act; the Department shall insure local
|
participation in the planning process.
|
(c) Public Information and Education. Develop programs |
aimed at
improving the relationship between communities and |
their
residents with disabilities; prepare and disseminate |
public information and educational
materials on the prevention |
of developmental disabilities, mental illness, and
alcohol or |
drug dependence, and on available treatment and habilitation
|
services for persons with these disabilities.
|
(d) Quality Assurance. Promulgate minimum program |
standards, rules and
regulations to insure that Department |
funded services maintain acceptable quality
and assure |
enforcement of these standards through regular monitoring of
|
services and through program evaluation; this applies except |
where this
responsibility is explicitly given by law to another |
State agency.
|
(d-5) Accreditation requirements for providers of mental |
health and
substance abuse treatment services.
Except when the |
federal or State statutes authorizing a program, or the
federal |
regulations implementing a program, are to the contrary,
|
accreditation shall be accepted by the Department in lieu of |
|
the
Department's facility or program certification or |
licensure onsite review
requirements and shall be accepted as a |
substitute for the Department's
administrative and program |
monitoring requirements, except as required by
subsection |
(d-10), in the case of:
|
(1) Any organization from which the Department |
purchases mental health
or substance abuse services and
|
that is accredited under any of the following: the |
Comprehensive
Accreditation Manual
for Behavioral Health |
Care (Joint Commission on Accreditation of Healthcare
|
Organizations (JCAHO)); the Comprehensive Accreditation |
Manual
for Hospitals (JCAHO); the Standards Manual for the
|
Council on Accreditation for Children and Family Services |
(Council on
Accreditation for Children and Family Services |
(COA)); or the
Standards Manual for Organizations Serving |
People with Disabilities (the
Rehabilitation Accreditation |
Commission (CARF)).
|
(2) Any mental health facility or program licensed or |
certified by the
Department, or any substance abuse service |
licensed by the Department, that is
accredited under any of |
the following: the
Comprehensive Accreditation Manual for
|
Behavioral Health Care (JCAHO); the Comprehensive |
Accreditation Manual for
Hospitals (JCAHO); the Standards |
Manual for the Council on Accreditation for
Children and |
Family Services (COA); or the Standards Manual for |
Organizations
Serving People with Disabilities (CARF).
|
|
(3) Any network of providers from which the Department |
purchases
mental health or substance abuse services and |
that is accredited under any of
the
following: the |
Comprehensive Accreditation Manual for Behavioral Health |
Care
(JCAHO);
the Comprehensive Accreditation Manual for |
Hospitals (JCAHO); the Standards
Manual for the
Council on |
Accreditation for Children and Family Services (COA); the |
Standards
Manual for Organizations Serving People with |
Disabilities (CARF); or the
National Committee for Quality |
Assurance. A provider organization that is part
of an |
accredited network shall be afforded the same rights under |
this
subsection.
|
(d-10) For mental health and substance abuse services, the |
Department
may develop standards or promulgate rules that |
establish additional standards
for monitoring
and licensing |
accredited programs, services, and facilities that the |
Department
has determined are not covered by the accreditation |
standards and processes.
These additional standards for |
monitoring and licensing accredited programs,
services, and |
facilities and the associated monitoring must not duplicate the
|
standards and processes already covered by the accrediting |
bodies.
|
(d-15) The Department shall be given proof of compliance |
with fire and
health safety standards, which must be submitted |
as required by rule.
|
(d-20) The Department, by accepting the survey or |
|
inspection of an
accrediting organization, does not forfeit its |
rights to perform inspections at
any time, including contract |
monitoring to ensure that services are
provided in accordance |
with the contract.
The Department reserves the right to monitor |
a provider of mental health and
substance abuse treatment |
services when the survey or inspection of an
accrediting |
organization has established any deficiency in the |
accreditation
standards and processes.
|
(d-25) On and after the effective date of this amendatory |
Act of the 92nd
General Assembly, the accreditation |
requirements of this Section apply to
contracted organizations |
that are already accredited.
|
(e) Program Evaluation. Develop a system for conducting |
evaluation of
the effectiveness of community services, |
according to preestablished
performance standards; evaluate |
the extent to which performance according
to established |
standards aids in achieving the goals of this Act;
evaluation |
data also shall be used for quality assurance purposes as well
|
as for planning activities.
|
(f) Research. Conduct research in order to increase |
understanding of mental
illness, developmental disabilities |
and alcohol and drug dependence.
|
(g) Technical Assistance. Provide technical assistance to |
provider agencies
receiving funds or serving clients in order |
to assist
these agencies in providing appropriate, quality |
services; also provide
assistance and guidance to other State |
|
agencies and local governmental bodies
serving persons with |
disabilities the disabled in order to strengthen their efforts |
to provide
appropriate community services; and assist provider |
agencies in accessing
other available funding, including |
federal, State, local, third-party and
private resources.
|
(h) Placement Process. Promote the appropriate placement |
of clients in
community services through the development and |
implementation of client
assessment and diagnostic instruments |
to assist in identifying the
individual's service needs; client |
assessment instruments also can be
utilized for purposes of |
program evaluation; whenever possible, assure that
placements |
in State-operated facilities are referrals from community |
agencies.
|
(i) Interagency Coordination. Assume leadership in |
promoting cooperation
among State health and human service |
agencies to insure that a comprehensive,
coordinated community |
services system is in place; to insure persons with a |
disability
access to needed services; and to insure continuity |
of care and allow clients
to move among service settings as |
their needs change; also work with other
agencies to establish |
effective prevention programs.
|
(j) Financial Assistance. Provide financial assistance to |
local provider
agencies through purchase-of-care contracts and |
grants, pursuant to Section
4 of this Act.
|
(Source: P.A. 95-682, eff. 10-11-07.)
|
|
(405 ILCS 30/4.4)
|
Sec. 4.4. Funding reinvestment.
|
(a) The purposes of this Section are as follows:
|
(1) The General Assembly recognizes that the United |
States Supreme
Court in Olmstead v. L.C. ex Rel. Zimring, |
119 S. Ct. 2176 (1999), affirmed
that the unjustifiable |
institutionalization of a person with a disability who
|
could live in the community with proper support, and wishes |
to do so, is
unlawful discrimination in violation of the |
Americans with Disabilities Act
(ADA). The State of |
Illinois, along with all other states, is required to
|
provide appropriate residential and community-based |
support services to persons
with disabilities who wish to |
live in a less restrictive setting.
|
(2) It is the purpose of this Section to help fulfill |
the State's
obligations under the Olmstead decision by |
maximizing the level of funds for
both developmental |
disability and mental health services and supports in order
|
to maintain and create an array of residential and |
supportive services for
people with mental health needs and |
developmental disabilities whenever they
are
transferred |
into another facility or a community-based setting.
|
(b) In this Section:
|
"Office of Developmental Disabilities" means the Office of |
Developmental
Disabilities within the Department of Human |
Services.
|
|
"Office of Mental Health" means the Office of Mental Health |
within the
Department of Human Services.
|
(c) On and after the effective date of this amendatory Act |
of the 94th
General Assembly, every appropriation of State |
moneys relating to funding for
the Office of Developmental |
Disabilities or the Office of Mental Health must
comply with |
this Section.
|
(d) Whenever any appropriation, or any portion of an |
appropriation, for any
fiscal year relating to the funding of |
any State-operated facility operated by
the Office of |
Developmental Disabilities or any mental health facility |
operated
by the Office of Mental Health is reduced because of |
any of the reasons set
forth in the following items (1) through |
(3), to the extent that savings are
realized from these items, |
those moneys must be directed toward providing
other services |
and supports for persons with developmental disabilities or
|
mental health needs:
|
(1) The closing of any such State-operated facility for |
persons with developmental disabilities the
|
developmentally disabled or mental health facility.
|
(2) Reduction in the number of units or available beds |
in any such State-operated
facility for persons with |
developmental disabilities the developmentally disabled or |
mental health facility.
|
(3) Reduction in the number of staff employed in any |
such State-operated
facility for persons with |
|
developmental disabilities the developmentally disabled or |
mental health facility. |
In determining whether any savings are realized from items |
(1) through
(3),
sufficient moneys shall be made available to |
ensure that there is an
appropriate level of
staffing and that |
life, safety, and care concerns are addressed so as to
provide |
for the
remaining persons with developmental disabilities or |
mental illness at any
facility in the
case of item (2) or (3) |
or, in the case of item (1), such remaining persons at
the
|
remaining State-operated facilities that will be expected to |
handle the
individuals
previously served at the closed |
facility.
|
(e) The purposes of redirecting this funding shall include, |
but not be
limited to, providing the following services and |
supports for individuals with
developmental disabilities and |
mental health needs:
|
(1) Residence in the most integrated setting possible, |
whether independent
living in a private residence, a |
Community Integrated Living Arrangement
(CILA), a |
supported residential program, an Intermediate Care |
Facility for
persons with Developmental Disabilities |
(ICFDD), a supervised residential
program, or supportive |
housing, as appropriate.
|
(2) Residence in another State-operated facility.
|
(3) Rehabilitation and support services, including |
assertive community
treatment, case management, supportive |
|
and supervised day treatment, and
psychosocial |
rehabilitation.
|
(4) Vocational or developmental training, as |
appropriate, that contributes
to the person's independence |
and employment potential.
|
(5) Employment or supported employment, as |
appropriate, free from
discrimination pursuant to the |
Constitution and laws of this State.
|
(6) In-home family supports, such as respite services |
and client and
family supports.
|
(7) Periodic reevaluation, as needed.
|
(f) An appropriation may not circumvent the purposes of |
this Section by
transferring moneys within the funding system |
for services and supports for persons with developmental |
disabilities the
developmentally disabled and the mentally ill |
and then compensating for this
transfer by redirecting other |
moneys away from these services to provide
funding for some |
other governmental purpose or to relieve other State funding
|
expenditures.
|
(Source: P.A. 94-498, eff. 8-8-05.)
|
Section 785. The Protection and Advocacy for |
Developmentally Disabled
Persons Act is amended by changing |
Section 0.01 as follows:
|
(405 ILCS 40/0.01) (from Ch. 91 1/2, par. 1150)
|
|
Sec. 0.01. Short title. This Act may be cited as the
|
Protection and Advocacy for Persons with Developmental |
Disabilities Developmentally Disabled Persons Act.
|
(Source: P.A. 86-1324.)
|
Section 790. The Developmental Disability and Mental |
Disability Services Act is amended by changing Sections 2-1, |
2-2, 2-3, 2-4, 2-5, 2-6, 2-8, 2-10, 2-11, 2-16, 3-1, 3-2, 3-3, |
3-4, 3-9.1, 3-11, 4-1, and 5-1 as follows:
|
(405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)
|
Sec. 2-1.
This Article may be cited as the
Home-Based |
Support Services Law for Adults with Mental Disabilities |
Mentally Disabled Adults .
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)
|
Sec. 2-2.
The purpose of this Article is to authorize the
|
Department of Human Services to encourage,
develop, sponsor and |
fund home-based and community-based services for adults with |
mental disabilities mentally
disabled adults in order to |
provide alternatives to institutionalization
and to permit |
adults with mental disabilities mentally disabled adults to |
remain in their own homes.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
|
(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
|
Sec. 2-3. As used in this Article, unless the context |
requires otherwise:
|
(a) "Agency" means an agency or entity licensed by the |
Department
pursuant to this Article or pursuant to the |
Community Residential
Alternatives Licensing Act.
|
(b) "Department" means the Department of Human Services, as |
successor to
the Department of Mental Health and Developmental |
Disabilities.
|
(c) "Home-based services" means services provided to an |
adult with a mental disability a mentally disabled
adult who |
lives in his or her own home. These services include but are
|
not limited to:
|
(1) home health services;
|
(2) case management;
|
(3) crisis management;
|
(4) training and assistance in self-care;
|
(5) personal care services;
|
(6) habilitation and rehabilitation services;
|
(7) employment-related services;
|
(8) respite care; and
|
(9) other skill training that enables a person to |
become self-supporting.
|
(d) "Legal guardian" means a person appointed by a court of |
competent
jurisdiction to exercise certain powers on behalf of |
an adult with a mental disability a mentally disabled adult .
|
|
(e) " Adult with a mental disability Mentally disabled |
adult " means a person over the age of 18 years
who lives in his |
or her own home; who needs home-based services,
but does not |
require 24-hour-a-day supervision; and who has one of the
|
following conditions: severe autism, severe mental illness, a |
severe or
profound intellectual disability, or severe and |
multiple impairments.
|
(f) In one's "own home" means that an adult with a mental |
disability a mentally disabled adult lives
alone; or that an |
adult with a mental disability a mentally disabled adult is in |
full-time residence with his
or her parents, legal guardian, or |
other relatives; or that an adult with a mental disability a |
mentally
disabled adult is in full-time residence in a setting |
not subject to
licensure under the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD |
Community Care Act, or the Child Care Act of 1969, as
now or |
hereafter amended, with 3 or fewer other adults unrelated to |
the
adult with a mental disability mentally disabled adult who |
do not provide home-based services to the
adult with a mental |
disability mentally disabled adult .
|
(g) "Parent" means the biological or adoptive parent
of an |
adult with a mental disability a mentally disabled adult , or a |
person licensed as a
foster parent under the laws of this State |
who acts as a mentally disabled
adult's foster parent to an |
adult with a mental disability .
|
(h) "Relative" means any of the following relationships
by |
|
blood, marriage or adoption: parent, son, daughter, brother, |
sister,
grandparent, uncle, aunt, nephew, niece, great |
grandparent, great uncle,
great aunt, stepbrother, stepsister, |
stepson, stepdaughter, stepparent or
first cousin.
|
(i) "Severe autism" means a lifelong developmental |
disability which is
typically manifested before 30 months of |
age and is characterized by
severe disturbances in reciprocal |
social interactions; verbal and
nonverbal communication and |
imaginative activity; and repertoire of
activities and |
interests. A person shall be determined severely
autistic, for |
purposes of this Article, if both of the following are present:
|
(1) Diagnosis consistent with the criteria for |
autistic disorder in
the current edition of the Diagnostic |
and Statistical Manual of Mental
Disorders.
|
(2) Severe disturbances in reciprocal social |
interactions; verbal and
nonverbal communication and |
imaginative activity; repertoire of activities
and |
interests. A determination of severe autism shall be based |
upon a
comprehensive, documented assessment with an |
evaluation by a licensed
clinical psychologist or |
psychiatrist. A determination of severe autism
shall not be |
based solely on behaviors relating to environmental, |
cultural
or economic differences.
|
(j) "Severe mental illness" means the manifestation of all |
of the
following characteristics:
|
(1) A primary diagnosis of one of the major mental |
|
disorders
in the current edition of the Diagnostic and |
Statistical Manual of Mental
Disorders listed below:
|
(A) Schizophrenia disorder.
|
(B) Delusional disorder.
|
(C) Schizo-affective disorder.
|
(D) Bipolar affective disorder.
|
(E) Atypical psychosis.
|
(F) Major depression, recurrent.
|
(2) The individual's mental illness must substantially |
impair his
or her functioning in at least 2 of the |
following areas:
|
(A) Self-maintenance.
|
(B) Social functioning.
|
(C) Activities of community living.
|
(D) Work skills.
|
(3) Disability must be present or expected to be |
present for at least
one year.
|
A determination of severe mental illness shall be based |
upon a
comprehensive, documented assessment with an evaluation |
by a licensed
clinical psychologist or psychiatrist, and shall |
not be based solely on
behaviors relating to environmental, |
cultural or economic differences.
|
(k) "Severe or profound intellectual disability" means a |
manifestation of all
of the following characteristics:
|
(1) A diagnosis which meets Classification in Mental |
Retardation or
criteria in the current edition of the |
|
Diagnostic and Statistical Manual of
Mental Disorders for |
severe or profound mental retardation (an IQ of 40 or
|
below). This must be measured by a standardized instrument |
for general
intellectual functioning.
|
(2) A severe or profound level of disturbed adaptive |
behavior. This
must be measured by a standardized adaptive |
behavior scale or informal
appraisal by the professional in |
keeping with illustrations in
Classification in Mental |
Retardation, 1983.
|
(3) Disability diagnosed before age of 18.
|
A determination of a severe or profound intellectual |
disability shall be based
upon a comprehensive, documented |
assessment with an evaluation by a
licensed clinical |
psychologist or certified school psychologist or a
|
psychiatrist, and shall not be based solely on behaviors |
relating to
environmental, cultural or economic differences.
|
(l) "Severe and multiple impairments" means the |
manifestation of all of
the following characteristics:
|
(1) The evaluation determines the presence of a |
developmental
disability which is expected to continue |
indefinitely, constitutes a
substantial disability |
handicap and is attributable to any of the following:
|
(A) Intellectual disability, which is defined as |
general intellectual
functioning that is 2 or more |
standard deviations below the mean
concurrent with |
impairment of adaptive behavior which is 2 or more |
|
standard
deviations below the mean. Assessment of the |
individual's intellectual
functioning must be measured |
by a standardized instrument for general
intellectual |
functioning.
|
(B) Cerebral palsy.
|
(C) Epilepsy.
|
(D) Autism.
|
(E) Any other condition which results in |
impairment similar to that
caused by an intellectual |
disability and which requires services similar to |
those
required by persons with intellectual |
disabilities intellectually disabled persons .
|
(2) The evaluation determines multiple disabilities |
handicaps in physical, sensory,
behavioral or cognitive |
functioning which constitute a severe or profound
|
impairment attributable to one or more of the following:
|
(A) Physical functioning, which severely impairs |
the individual's motor
performance that may be due to:
|
(i) Neurological, psychological or physical |
involvement resulting in a
variety of disabling |
conditions such as hemiplegia, quadriplegia or |
ataxia,
|
(ii) Severe organ systems involvement such as |
congenital heart defect,
|
(iii) Physical abnormalities resulting in the |
individual being
non-mobile and non-ambulatory or |
|
confined to bed and receiving assistance
in |
transferring, or
|
(iv) The need for regular medical or nursing |
supervision such as
gastrostomy care and feeding.
|
Assessment of physical functioning must be based |
on clinical medical
assessment by a physician licensed |
to practice medicine in all its branches,
using the |
appropriate instruments, techniques and standards of |
measurement
required by the professional.
|
(B) Sensory, which involves severe restriction due |
to hearing or
visual impairment limiting the |
individual's movement and creating
dependence in |
completing most daily activities. Hearing impairment |
is
defined as a loss of 70 decibels aided or speech |
discrimination of less
than 50% aided. Visual |
impairment is defined as 20/200 corrected in the
better |
eye or a visual field of 20 degrees or less.
Sensory |
functioning must be based on clinical medical |
assessment by a
physician licensed to practice |
medicine in all its branches using the
appropriate |
instruments, techniques and standards of measurement |
required
by the professional.
|
(C) Behavioral, which involves behavior that is |
maladaptive and presents
a danger to self or others, is |
destructive to property by deliberately
breaking, |
destroying or defacing objects, is disruptive by |
|
fighting, or has
other socially offensive behaviors in |
sufficient frequency or severity to
seriously limit |
social integration. Assessment of behavioral |
functioning
may be measured by a standardized scale or |
informal appraisal by a clinical
psychologist or |
psychiatrist.
|
(D) Cognitive, which involves intellectual |
functioning at a measured IQ
of 70 or below. Assessment |
of cognitive functioning must be measured by a
|
standardized instrument for general intelligence.
|
(3) The evaluation determines that development is |
substantially less
than expected for the age in cognitive, |
affective or psychomotor behavior
as follows:
|
(A) Cognitive, which involves intellectual |
functioning at a measured IQ
of 70 or below. Assessment |
of cognitive functioning must be measured by a
|
standardized instrument for general intelligence.
|
(B) Affective behavior, which involves over and |
under responding to
stimuli in the environment and may |
be observed in mood, attention to
awareness, or in |
behaviors such as euphoria, anger or sadness that
|
seriously limit integration into society. Affective |
behavior must be based
on clinical assessment using the |
appropriate instruments, techniques and
standards of |
measurement required by the professional.
|
(C) Psychomotor, which includes a severe |
|
developmental delay in fine or
gross motor skills so |
that development in self-care, social interaction,
|
communication or physical activity will be greatly |
delayed or restricted.
|
(4) A determination that the disability originated |
before the age of
18 years.
|
A determination of severe and multiple impairments shall be |
based upon a
comprehensive, documented assessment with an |
evaluation by a licensed
clinical psychologist or |
psychiatrist.
|
If the examiner is a licensed clinical psychologist, |
ancillary evaluation
of physical impairment, cerebral palsy or |
epilepsy must be made by a
physician licensed to practice |
medicine in all its branches.
|
Regardless of the discipline of the examiner, ancillary |
evaluation of
visual impairment must be made by an |
ophthalmologist or a licensed optometrist.
|
Regardless of the discipline of the examiner, ancillary |
evaluation of
hearing impairment must be made by an |
otolaryngologist or an audiologist
with a certificate of |
clinical competency.
|
The only exception to the above is in the case of a person |
with cerebral
palsy or epilepsy who, according to the |
eligibility criteria listed below,
has multiple impairments |
which are only physical and sensory. In such a
case, a |
physician licensed to practice medicine in all its branches may
|
|
serve as the examiner.
|
(m) "Twenty-four-hour-a-day supervision" means |
24-hour-a-day care by a
trained mental health or developmental |
disability professional on an ongoing
basis.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
(405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)
|
Sec. 2-4.
The Department shall establish a Home-Based |
Support
Services Program for Adults with Mental Disabilities |
Mentally Disabled Adults ("the Program") under this Article. |
The
purpose of the Program
is to provide alternatives to |
institutionalization of adults with mental disabilities |
mentally
disabled adults and to permit these individuals to |
live in their own homes.
The Department shall implement the |
purpose of the
Program by providing home-based
services to |
adults with mental disabilities mentally disabled adults who |
need home-based services and who
live in their own homes.
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
|
Sec. 2-5.
The Department shall establish eligibility |
standards for
the Program, taking into consideration the |
disability levels and service
needs of the target population. |
The Department shall create application
forms which shall be |
used to determine the eligibility of adults with mental |
|
disabilities mentally disabled
adults to participate in the |
Program. The forms shall be made available by
the Department |
and shall require at least the following items of
information |
which constitute eligibility criteria for participation in the
|
Program:
|
(a) A statement that the adult with a mental disability |
mentally disabled adult resides in the State of
Illinois |
and is over the age of 18 years.
|
(b) Verification that the adult with a mental |
disability mentally disabled adult has one of the
following |
conditions: severe autism, severe mental illness, a severe |
or
profound intellectual disability, or severe and |
multiple impairments.
|
(c) Verification that the adult with a mental |
disability mentally disabled adult has applied and is
|
eligible for federal Supplemental Security Income or |
federal Social
Security Disability Income benefits.
|
(d) Verification that the adult with a mental |
disability mentally disabled adult resides full-time in
|
his or her own home or that, within 2 months of receipt of |
services under
this Article, he or she will reside |
full-time in his or her own home.
|
The Department may by rule adopt provisions establishing |
liability of
responsible relatives of a recipient of services |
under this Article for the
payment of sums representing charges |
for services to such recipient. Such
rules shall be |
|
substantially similar to the provisions for such liability
|
contained in Chapter V of the Mental Health and Developmental |
Disabilities
Code, as now or hereafter amended, and rules |
adopted pursuant thereto.
|
(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)
|
(405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)
|
Sec. 2-6.
An application for the Program shall be submitted |
to the
Department by the adult with a mental disability |
mentally disabled adult or, if the adult with a mental |
disability mentally disabled adult
requires a guardian, by his |
or her legal guardian. If the application for
participation in |
the Program is approved by the Department and the adult with a |
mental disability mentally
disabled adult is eligible to |
receive services under this Article, the adult with a mental |
disability mentally
disabled adult shall be made aware of the |
availability of a community support
team and shall be offered |
case management services. The amount of the
home-based services |
provided by the Department in any month shall be determined
by |
the service plan of the adult with a mental disability mentally |
disabled adult , but in no case shall it be
more than either:
|
(a) three hundred percent of the monthly federal |
Supplemental Security
Income payment for an individual |
residing alone if the adult with a mental disability |
mentally disabled adult
is not enrolled in a special |
education program by a local education agency, or
|
|
(b) two hundred percent of the monthly Supplemental |
Security Income
payment for an individual residing alone if |
the adult with a mental disability mentally disabled adult |
is
enrolled in a special education program by a local |
education agency.
|
Upon approval of the Department, all or part of the monthly |
amount approved
for home-based services to participating |
adults may be used as a one-time or
continuing payment to the |
eligible adult or the adult's parent or guardian to
pay for |
specified tangible items that are directly related to meeting |
basic
needs related to the person's mental disabilities.
|
Tangible items include, but are not limited to: adaptive |
equipment,
medication not covered by third-party payments, |
nutritional supplements, and
residential modifications.
|
(Source: P.A. 88-388.)
|
(405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)
|
Sec. 2-8.
Services provided by the Department under the
|
Program shall be denied:
|
(a) if the adult with a mental disability mentally disabled |
adult no longer meets the eligibility criteria,
|
(b) if the adult with a mental disability mentally disabled |
adult submits false information in an
application or
|
reapplication for participation in the Program, or
|
(c) if the adult with a mental disability mentally disabled |
adult fails to request or access any
services after 120 days. |
|
Prior to making the decision, if the adult with
mental |
disabilities has failed to request or access any services |
within 90
days, the Department shall give written notice to the |
person who signed the
application that participation in the |
Program will be denied if services
are not requested or |
accessed within 30 days.
|
Whenever services provided by the Department under the |
Program are denied
for the reasons in paragraphs (a), (b), or |
(c) of this Section, the Department shall give
written notice |
of the decision and the reasons for denial of services to
the |
person who signed the application. Such notice shall contain
|
information on requesting an appeal under Section 2-13.
|
(Source: P.A. 86-921; 87-1158.)
|
(405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)
|
Sec. 2-10.
Before eligible adults with mental disabilities |
mentally disabled adults receive services
under this Article, |
they shall maximize use of other services provided by
other |
governmental agencies, including but not limited to |
educational and
vocational services.
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)
|
Sec. 2-11.
The Department, as successor to any agreements |
between the
Department of Mental Health and
Developmental |
Disabilities and the Department of Rehabilitation
Services for |
|
the provision of training, employment placement, and
|
employment referral services for the adults with mental |
disabilities mentally disabled adults served under this
|
Article, shall carry out the responsibilities, if any, incurred |
by its
predecessor agencies under those agreements.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)
|
Sec. 2-16.
The Department shall adopt rules pursuant to the |
Illinois
Administrative Procedure Act to implement the |
Home-Based Support Services
Program for Adults with Mental |
Disabilities Mentally Disabled Adults . The rules shall include |
the intake
procedures, application process and eligibility |
requirements for adults with mental disabilities mentally
|
disabled adults who apply for services under the
Program.
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/3-1) (from Ch. 91 1/2, par. 1803-1)
|
Sec. 3-1.
This Article shall be known and may be cited as |
the Family
Assistance Law for Children with Mental Disabilities |
Mentally Disabled Children .
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)
|
Sec. 3-2.
The purpose of this Article is to create a |
mandate for the
Department of Human Services to strengthen and
|
|
promote families who provide care within the family home for |
children whose
level of mental illness or developmental |
disability constitutes a risk of
out-of-home placement. It is |
the intent of this Article to strengthen,
promote and empower |
families to determine the most appropriate use of
resources to |
address the unique and changing needs of those families'
|
children with mental disabilities mentally disabled children .
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
|
Sec. 3-3. As used in this Article, unless the context |
requires otherwise:
|
(a) "Agency" means an agency or entity licensed by the |
Department
pursuant to this Article or pursuant to the |
Community Residential
Alternatives Licensing Act.
|
(b) "Department" means the Department of Human Services, as |
successor to
the Department of Mental Health and Developmental |
Disabilities.
|
(c) "Department-funded out-of-home placement services" |
means those
services for which the Department pays the partial |
or full cost of care of
the residential placement.
|
(d) "Family" or "families" means a family member or members |
and his, her
or their parents or legal guardians.
|
(e) "Family member" means a child 17 years old or younger |
who has one of
the following conditions: severe autism, severe |
emotional disturbance,
a severe or profound intellectual |
|
disability, or severe and multiple
impairments.
|
(f) "Legal guardian" means a person appointed by a court of |
competent
jurisdiction to exercise certain powers on behalf of |
a family member and
with whom the family member resides.
|
(g) "Parent" means a biological or adoptive parent with |
whom the family
member resides, or a person licensed as a |
foster parent under the laws of
this State, acting as a family |
member's foster parent, and with whom the
family member |
resides.
|
(h) "Severe autism" means a lifelong developmental |
disability which is
typically manifested before 30 months of |
age and is characterized by
severe disturbances in reciprocal |
social interactions; verbal and
nonverbal communication and |
imaginative activity; and repertoire of
activities and |
interests. A person shall be determined severely autistic,
for |
purposes of this Article, if both of the following are present:
|
(1) Diagnosis consistent with the criteria for |
autistic disorder in
the current edition of the Diagnostic |
and Statistical Manual of Mental
Disorders;
|
(2) Severe disturbances in reciprocal social |
interactions; verbal and
nonverbal communication and |
imaginative activity; and repertoire of activities
and |
interests. A determination of severe autism shall be based |
upon a
comprehensive, documented assessment with an |
evaluation by a licensed
clinical psychologist or |
psychiatrist. A determination of severe autism
shall not be |
|
based solely on behaviors relating to environmental, |
cultural
or economic differences.
|
(i) "Severe mental illness" means the manifestation of all |
of the
following characteristics:
|
(1) a severe mental illness characterized by the |
presence of a mental
disorder in children or adolescents, |
classified in the Diagnostic and
Statistical Manual of |
Mental Disorders (Third Edition - Revised), as now or
|
hereafter revised, excluding V-codes (as that term is used |
in the current
edition of the Diagnostic and Statistical |
Manual of Mental Disorders),
adjustment disorders, the |
presence of an intellectual disability when no other mental |
disorder is
present, alcohol or substance abuse, or other |
forms of dementia based upon
organic or physical disorders; |
and
|
(2) a functional disability of an extended duration |
which results in
substantial limitations in major life |
activities.
|
A determination of severe mental illness shall be based |
upon a
comprehensive, documented assessment with an evaluation |
by a licensed
clinical psychologist or a psychiatrist.
|
(j) "Severe or profound intellectual disability" means a |
manifestation of all
of the following characteristics:
|
(1) A diagnosis which meets Classification in Mental |
Retardation or
criteria in the current edition of the |
Diagnostic and Statistical Manual of
Mental Disorders for |
|
severe or profound mental retardation (an IQ of 40 or
|
below). This must be measured by a standardized instrument |
for general
intellectual functioning.
|
(2) A severe or profound level of adaptive behavior. |
This must be
measured by a standardized adaptive behavior |
scale or informal appraisal by
the professional in keeping |
with illustrations in Classification in Mental
|
Retardation, 1983.
|
(3) Disability diagnosed before age of 18.
|
A determination of a severe or profound intellectual |
disability shall be based
upon a comprehensive, documented |
assessment with an evaluation by a
licensed clinical |
psychologist, certified school psychologist, a
psychiatrist or |
other physician licensed to practice medicine in all its
|
branches, and shall not be based solely on behaviors relating |
to
environmental, cultural or economic differences.
|
(k) "Severe and multiple impairments" means the |
manifestation of all the
following characteristics:
|
(1) The evaluation determines the presence of a |
developmental
disability which is expected to continue |
indefinitely, constitutes a
substantial disability |
handicap and is attributable to any of the following:
|
(A) Intellectual disability, which is defined as |
general intellectual
functioning that is 2 or more |
standard deviations below the mean
concurrent with |
impairment of adaptive behavior which is 2 or more |
|
standard
deviations below the mean. Assessment of the |
individual's intellectual
functioning must be measured |
by a standardized instrument for general
intellectual |
functioning.
|
(B) Cerebral palsy.
|
(C) Epilepsy.
|
(D) Autism.
|
(E) Any other condition which results in |
impairment similar to that
caused by an intellectual |
disability and which requires services similar to |
those
required by persons with intellectual |
disabilities intellectually disabled persons .
|
(2) The evaluation determines multiple disabilities |
handicaps in physical, sensory,
behavioral or cognitive |
functioning which constitute a severe or profound
|
impairment attributable to one or more of the following:
|
(A) Physical functioning, which severely impairs |
the individual's
motor performance that may be due to:
|
(i) Neurological, psychological or physical |
involvement resulting in
a variety of disabling |
conditions such as hemiplegia, quadriplegia or |
ataxia,
|
(ii) Severe organ systems involvement such as |
congenital heart defect,
|
(iii) Physical abnormalities resulting in the |
individual being
non-mobile and non-ambulatory or |
|
confined to bed and receiving assistance
in |
transferring, or
|
(iv) The need for regular medical or nursing |
supervision such as
gastrostomy care and feeding.
|
Assessment of physical functioning must be based |
on clinical medical
assessment, using the appropriate |
instruments, techniques and standards of
measurement |
required by the professional.
|
(B) Sensory, which involves severe restriction due |
to hearing or
visual impairment limiting the |
individual's movement and creating
dependence in |
completing most daily activities. Hearing impairment |
is
defined as a loss of 70 decibels aided or speech |
discrimination of less
than 50% aided. Visual |
impairment is defined as 20/200 corrected in the
better |
eye or a visual field of 20 degrees or less. Sensory |
functioning
must be based on clinical medical |
assessment using the appropriate
instruments, |
techniques and standards of measurement required by |
the
professional.
|
(C) Behavioral, which involves behavior that is |
maladaptive and presents
a danger to self or others, is |
destructive to property by deliberately
breaking, |
destroying or defacing objects, is disruptive by |
fighting, or has
other socially offensive behaviors in |
sufficient frequency or severity to
seriously limit |
|
social integration. Assessment of behavioral |
functioning
may be measured by a standardized scale or |
informal appraisal by the medical
professional.
|
(D) Cognitive, which involves intellectual |
functioning at a measured IQ
of 70 or below. Assessment |
of cognitive functioning must be measured by a
|
standardized instrument for general intelligence.
|
(3) The evaluation determines that development is |
substantially less
than expected for the age in cognitive, |
affective or psychomotor behavior
as follows:
|
(A) Cognitive, which involves intellectual |
functioning at a measured
IQ of 70 or below. Assessment |
of cognitive functioning must be measured by
a |
standardized instrument for general intelligence.
|
(B) Affective behavior, which involves over and |
under responding to
stimuli in the environment and may |
be observed in mood, attention to
awareness, or in |
behaviors such as euphoria, anger or sadness that
|
seriously limit integration into society. Affective |
behavior must be based
on clinical medical and |
psychiatric assessment using the appropriate
|
instruments, techniques and
standards of measurement |
required by the professional.
|
(C) Psychomotor, which includes a severe |
developmental delay in fine or
gross motor skills so |
that development in self-care, social interaction,
|
|
communication or physical activity will be greatly |
delayed or restricted.
|
(4) A determination that the disability originated |
before the age of
18 years.
|
A determination of severe and multiple impairments shall be |
based upon a
comprehensive, documented assessment with an |
evaluation by a licensed
clinical psychologist or |
psychiatrist. If the examiner is a licensed
clinical |
psychologist, ancillary evaluation of physical impairment,
|
cerebral palsy or epilepsy must be made by a physician licensed |
to practice
medicine in all its branches.
|
Regardless of the discipline of the examiner, ancillary |
evaluation of
visual impairment must be made by an |
ophthalmologist or a licensed optometrist.
|
Regardless of the discipline of the examiner, ancillary |
evaluation of
hearing impairment must be made by an |
otolaryngologist or an audiologist
with a certificate of |
clinical competency.
|
The only exception to the above is in the case of a person |
with cerebral
palsy or epilepsy who, according to the |
eligibility criteria listed below,
has multiple impairments |
which are only physical and sensory. In such a
case, a |
physician licensed to practice medicine in all its branches may
|
serve as the examiner.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
|
(405 ILCS 80/3-4) (from Ch. 91 1/2, par. 1803-4)
|
Sec. 3-4.
The Department shall establish a Family
|
Assistance Program for Children with Mental Disabilities |
Mentally Disabled Children ("the Program") under this
Article. |
The purpose of the Program is to strengthen and promote the
|
family and to prevent the out-of-home placement of children |
with mental disabilities mentally disabled
children . The |
Department shall implement the purpose of the Program by
|
providing funds directly to families to defray some of the |
costs of caring
for family members who have mental disabilities |
mentally disabled family members , thereby
preventing or |
delaying the out-of-home placement of family members.
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/3-9.1) (from Ch. 91 1/2, par. 1803-9.1)
|
Sec. 3-9.1.
If an individual is terminated from the Program |
solely
because the individual has attained the age of 18 years, |
the individual
shall be allowed, through a transition process, |
to enter the Home-Based
Support Program for Adults with Mental |
Disabilities Mentally Disabled Adults if he or she meets the
|
eligibility requirements set forth in Article II for that |
program.
|
(Source: P.A. 87-447.)
|
(405 ILCS 80/3-11) (from Ch. 91 1/2, par. 1803-11)
|
Sec. 3-11.
Families will be required to provide assurances |
|
that the
stipend will be used for the benefit of the person |
with a disability disabled person such that it
will insure |
their continued successive development. Annually, the family
|
shall submit to the Department a
written statement signed by |
the family member's parent or legal guardian
which states that |
the stipend was used to meet the special needs of the family.
|
(Source: P.A. 86-921.)
|
(405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)
|
Sec. 4-1.
The Department of Human Services may provide |
access to home-based
and community-based services for
children |
and adults with mental disabilities mentally disabled children |
and adults through the designation of local
screening and |
assessment units and community support teams. The screening
and |
assessment units shall provide comprehensive assessment; |
develop
individual service plans; link the persons with mental |
disabilities and
their families to community providers for |
implementation of the plan; and
monitor the plan's |
implementation for the time necessary to insure that the
plan |
is appropriate and acceptable to the persons with mental |
disabilities
and their families. The Department also will make |
available community
support services in each local geographic |
area for persons with severe
mental disabilities. Community |
support teams will provide case management,
ongoing guidance |
and assistance for persons with mental disabilities mentally |
disabled persons ; will offer
skills training, |
|
crisis/behavioral intervention, client/family support, and
|
access to medication management; and provide individual client |
assistance to
access housing, financial benefits, and |
employment-related services.
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
|
Sec. 5-1.
As the mental health and developmental |
disabilities or
intellectual disabilities authority for the |
State of Illinois, the Department
of Human Services shall
have |
the authority to license, certify and prescribe standards
|
governing the programs and services provided under this Act, as |
well as all
other agencies or programs which provide home-based |
or community-based
services to persons with mental |
disabilities the mentally disabled , except those services, |
programs or
agencies established under or otherwise subject to |
the Child Care Act of
1969, the Specialized Mental Health |
Rehabilitation Act of 2013, or the ID/DD Community Care Act, as |
now or hereafter amended, and this
Act shall not be construed |
to limit the application of those Acts.
|
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 98-104, eff. 7-22-13.)
|
Section 795. The Developmental Disability and Mental |
Health Safety Act is amended by changing Sections 5, 15, and 40 |
as follows:
|
|
(405 ILCS 82/5)
|
Sec. 5. Legislative Findings. The General Assembly finds |
all of the following: |
(a) As a result of decades of significant under-funding of |
Illinois' developmental disabilities and mental health service |
delivery system, the quality of life of individuals with |
disabilities has been negatively impacted and, in an |
unacceptable number of instances, has resulted in serious |
health consequences and even death. |
(b) In response to growing concern over the safety of the |
State-operated developmental disability facilities, following |
a series of resident deaths, the agency designated by the |
Governor pursuant to the Protection and Advocacy for Persons |
with Developmental Disabilities Developmentally Disabled |
Persons Act opened a systemic investigation to examine all such |
deaths for a period of time, including the death of a young man |
in his twenties, Brian Kent, on October 30, 2002, and released |
a public report, "Life and Death in State-Operated |
Developmental Disability Institutions," which included |
findings and recommendations aimed at preventing such |
tragedies in the future. |
(c) The documentation of substandard medical care and |
treatment of individual residents living in the State-operated |
facilities cited in that report necessitate that the State of |
Illinois take immediate action to prevent further injuries and |
|
deaths. |
(d) The agency designated by the Governor pursuant to the |
Protection and Advocacy for Persons with Developmental |
Disabilities Developmentally Disabled Persons Act has also |
reviewed conditions and deaths of individuals with |
disabilities living in or transferred to community-based |
facilities and found similar problems in some of those |
settings. |
(e) The circumstances associated with deaths in both |
State-operated facilities and community-based facilities, and |
review of the State's investigations and findings regarding |
these incidents, demonstrate that the current federal and State |
oversight and investigatory systems are seriously |
under-funded. |
(f) An effective mortality review process enables state |
service systems to focus on individual deaths and consider the |
broader issues, policies, and practices that may contribute to |
these tragedies. This critical information, when shared with |
public and private facilities, can help to reduce circumstances |
that place individuals at high risk of serious harm and even |
death. |
(g) The purpose of this Act is to establish within the |
Department of Human Services a low-cost, volunteer-based |
mortality review process conducted by an independent team of |
experts that will enhance the health and safety of the |
individuals served by Illinois' developmental disability and |
|
mental health service delivery systems. |
(h) This independent team of experts will be comparable to |
2 existing types of oversight teams: the Abuse Prevention |
Review Team created under the jurisdiction of the Department of |
Public Health, which examines deaths of individuals living in |
long-term care facilities, and Child Death Review Teams created |
under the jurisdiction of the Department of Children and Family |
Services, which reviews the deaths of children.
|
(Source: P.A. 96-1235, eff. 1-1-11.)
|
(405 ILCS 82/15)
|
Sec. 15. Mortality Review Process. |
(a) The Department of Human Services shall develop an |
independent team of experts from the academic, private, and |
public sectors to examine all deaths at facilities and |
community agencies. |
(b) The Secretary of Human Services, in consultation with |
the Director of Public Health, shall appoint members to the |
independent team of experts, which shall consist of at least |
one member from each of the following categories: |
1. Physicians experienced in providing medical care to |
individuals with developmental disabilities. |
2. Physicians experienced in providing medical care to |
individuals with mental illness. |
3. Registered nurses experienced in providing medical |
care to individuals with developmental disabilities. |
|
4. Registered nurses experienced in providing medical |
care to individuals with mental illness. |
5. Psychiatrists. |
6. Psychologists. |
7. Representatives of the Department of Human Services |
who are not employed at the facility at which the death |
occurred. |
8. Representatives of the Department of Public Health. |
9. Representatives of the agency designated by the |
Governor pursuant to the Protection and Advocacy for |
Persons with Developmental Disabilities Developmentally |
Disabled Persons Act. |
10. State's Attorneys or State's Attorneys' |
representatives. |
11. Coroners or forensic pathologists. |
12. Representatives of local hospitals, trauma |
centers, or providers of emergency medical services. |
13. Other categories of persons, as the Secretary of |
Human Services may see fit. |
The independent team of experts may make recommendations to |
the Secretary of Human Services concerning additional |
appointments. Each team member must have demonstrated |
experience and an interest in investigating, treating, or |
preventing the deaths of individuals with disabilities. The |
Secretary of Human Services shall appoint additional teams if |
the Secretary or the existing team determines that more teams |
|
are necessary to accomplish the purposes of this Act. The |
members of a team shall be appointed for 2-year staggered terms |
and shall be eligible for reappointment upon the expiration of |
their terms. Each independent team shall select a Chairperson |
from among its members. |
(c) The independent team of experts shall examine the |
deaths of all individuals who have died while under the care of |
a facility or community agency. |
(d) The purpose of the independent team of experts' |
examination of such deaths is to do the following: |
1. Review the cause and manner of the individual's |
death. |
2. Review all actions taken by the facility, State |
agencies, or other entities to address the cause or causes |
of death and the adequacy of medical care and treatment. |
3. Evaluate the means, if any, by which the death might |
have been prevented. |
4. Report its observations and conclusions to the |
Secretary of Human Services and make recommendations that |
may help to reduce the number of unnecessary deaths. |
5. Promote continuing education for professionals |
involved in investigating and preventing the unnecessary |
deaths of individuals under the care of a facility or |
community agency. |
6. Make specific recommendations to the Secretary of |
Human Services concerning the prevention of unnecessary |
|
deaths of individuals under the care of facilities and |
community agencies, including changes in policies and |
practices that will prevent harm to individuals with |
disabilities, and the establishment of protocols for |
investigating the deaths of these individuals. |
(e) The independent team of experts must examine the cases |
submitted to it on a quarterly basis. The team shall meet at |
least once in each calendar quarter if there are cases to be |
examined. The Department of Human Services shall forward cases |
within 90 days after completion of a review or an investigation |
into the death of an individual residing at a facility or |
community agency. |
(f) Within 90 days after receiving recommendations made by |
the independent team of experts under subsection (d) of this |
Section, the Secretary of Human Services must review those |
recommendations, as feasible and appropriate, and shall |
respond to the team in writing to explain the implementation of |
those recommendations. |
(g) The Secretary of Human Services shall establish |
protocols governing the operation of the independent team. |
Those protocols shall include the creation of sub-teams to |
review the case records or portions of the case records and |
report to the full team. The members of a sub-team shall be |
composed of team members specially qualified to examine those |
records. In any instance in which the independent team does not |
operate in accordance with established protocol, the Secretary |
|
of Human Services shall take any necessary actions to bring the |
team into compliance with the protocol.
|
(Source: P.A. 96-1235, eff. 1-1-11.)
|
(405 ILCS 82/40)
|
Sec. 40. Rights information. The Department of Human |
Services shall ensure that individuals with disabilities and |
their guardians and families receive sufficient information |
regarding their rights, including the right to be safe, the |
right to be free from abuse and neglect, the right to receive |
quality services, and the right to an adequate discharge plan |
and timely transition to the least restrictive setting to meet |
their individual needs and desires. The Department shall |
provide this information, which shall be developed in |
collaboration with the agency designated by the Governor |
pursuant to the Protection and Advocacy for Persons with |
Developmental Disabilities Developmentally Disabled Persons |
Act, in order to allow individuals with disabilities and their |
guardians and families to make informed decisions regarding the |
provision of services that can meet the individual's needs and |
desires. The Department shall provide this information to all |
facilities and community agencies to be made available upon |
admission and at least annually thereafter for as long as the |
individual remains in the facility.
|
(Source: P.A. 96-1235, eff. 1-1-11.)
|
|
Section 800. The Home Environment Living Program Act is |
amended by changing Section 3 as follows:
|
(405 ILCS 85/3) (from Ch. 91 1/2, par. 2003)
|
Sec. 3. Definitions. In this Act:
|
(a) "Department" means the Department of Human Services.
|
(b) "Project HELP" means the Home Environment Living |
Program.
|
(c) "Home caregiver" means a substitute family home which |
provides
services and care to a child or adult who is a person |
with a severe disability severely disabled .
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
Section 805. The Elevator Tactile Identification Act is |
amended by changing Section 1 as follows:
|
(410 ILCS 30/1) (from Ch. 111 1/2, par. 3901)
|
Sec. 1.
In each building, including commercial, |
residential and institutional
structures, served during |
regular business hours by an unsupervised automatic
passenger |
elevator for use by the general public, the elevator, or at |
least
the left elevator where there is more than one elevator |
in any bank of elevators,
shall be equipped with elevator |
controls, within the elevator and at each
floor level served by |
the elevator, which have tactile
identification or braille |
markings, pursuant to the following schedule:
|
|
(a) New elevators for which building permits are issued |
after the effective
date of this Act or October 1, 1977, |
whichever date is later - immediately;
|
(b) Existing elevators undergoing renovation of the |
control panel for
which building permits are issued after the |
effective date of this Act or
October 1, 1977, whichever date |
is later - immediately;
|
(c) Existing elevators not undergoing renovation, the |
earlier of:
|
(1) 90 days after the effective date of Federal standards |
governing elevator
control markings applicable to privately |
owned buildings, or
|
(2) June 30, 1980.
|
All tactile identification except braille shall be in |
contrasting colors
and consist of raised letters, numbers, |
labels or plaques for persons with a visual disability the |
visually handicapped .
|
(Source: P.A. 80-384.)
|
Section 810. The Child Vision and Hearing Test Act is |
amended by changing Sections 3 and 7 as follows:
|
(410 ILCS 205/3) (from Ch. 23, par. 2333)
|
Sec. 3.
Vision and hearing screening services shall be |
administered to all
children as early as possible, but no later |
than their first year in any
public or private education |
|
program, licensed day care center or
residential facility for |
children with disabilities handicapped children ; and |
periodically
thereafter, to identify those children with |
vision or hearing impairments
or both so that
such conditions |
can be managed or treated.
|
(Source: P.A. 81-174.)
|
(410 ILCS 205/7) (from Ch. 23, par. 2337)
|
Sec. 7.
The Director shall appoint a Children's Hearing |
Services Advisory
Committee and a Children's Vision Services |
Advisory Committee. The membership
of each committee shall not |
exceed 10 individuals. In making appointments
to the Children's |
Hearing Services Advisory Committee, the Director shall
|
appoint individuals with knowledge of or experience in the |
problems of children with a hearing disability hearing
|
handicapped children and shall appoint at least 2 licensed
|
physicians who specialize in the field of otolaryngology and |
are recommended by
that organization representing the largest |
number of physicians licensed to
practice medicine in all of |
its branches in the State of Illinois, and at least
2 |
audiologists. In making appointments to the Children's Vision
|
Services Advisory Committee, the Director shall appoint 2 |
members
(and one alternate) recommended by the Illinois Society |
for the Prevention of
Blindness, 2 licensed physicians (and one |
alternate) who
specialize in ophthalmology and are recommended |
by that
organization representing the largest number of |
|
physicians licensed to practice
medicine in all of its branches |
in the State of Illinois, and 2
licensed optometrists (and one |
alternate) recommended by that organization
representing the |
largest number of licensed optometrists in the State of
|
Illinois, as members of the Children's Vision Services Advisory |
Committee.
|
The Children's Hearing Services Advisory Committee shall |
advise the
Department in the implementation and administration |
of the hearing services
program and in the development of rules |
and regulations pertaining to that
program. The Children's |
Vision Services Advisory Committee shall advise the
Department |
in the development of rules and regulations pertaining to that
|
program. Each committee shall select a chairman from its |
membership and shall
meet at least once in each calendar year.
|
The members of the Advisory Committees shall receive no |
compensation
for their services; however, the nongovernmental |
members shall be
reimbursed for actual expenses incurred in the |
performance of their duties
in accordance with the State of |
Illinois travel regulations.
|
(Source: P.A. 90-655, eff. 7-30-98.)
|
Section 815. The Developmental Disability Prevention Act |
is amended by changing Sections 1, 2, 3, and 11 as follows:
|
(410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)
|
Sec. 1.
|
|
It is hereby declared to be the policy of the State of |
Illinois that the
prevention of perinatal mortality and |
conditions leading to developmental
disabilities and other |
handicapping disabilities is a high priority for
attention. |
Efforts to reduce the incidence of perinatal risk factors by
|
early identification and management of the high risk woman of |
childbearing
age, fetus and newborn will not only decrease the |
predisposition to
disability but will also prove to be a |
cost-effective endeavor, reducing
State and private |
expenditures for the care and maintenance of those
persons |
whose disability was a result of disabled from perinatal risk |
factors.
|
(Source: P.A. 78-557.)
|
(410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)
|
Sec. 2.
As used in this Act:
|
a "perinatal" means the period of time between the |
conception of an
infant and the end of the first month of life;
|
b "congenital" means those intrauterine factors which |
influence the
growth, development and function of the fetus;
|
c "environmental" means those extrauterine factors which |
influence the
adaptation, well being or life of the newborn and |
may lead to disability;
|
d "high risk" means an increased level of risk of harm or |
mortality to
the woman of childbearing age, fetus or newborn |
from congenital and/or
environmental factors;
|
|
e "perinatal center" means a referral facility intended to |
care for the
high risk patient before, during, or after labor |
and delivery and
characterized by sophistication and |
availability of personnel, equipment,
laboratory, |
transportation techniques, consultation and other support
|
services;
|
f "developmental disability" means an intellectual |
disability, cerebral palsy,
epilepsy, or other neurological |
disabling handicapping conditions of an individual
found to be |
closely related to an intellectual disability or to require |
treatment
similar to that required by individuals with an |
intellectual disability intellectually disabled individuals , |
and the
disability originates before such individual attains |
age 18, and has
continued, or can be expected to continue |
indefinitely, and constitutes a
substantial disability |
handicap of such individuals;
|
g "disability" means a condition characterized by |
temporary or
permanent, partial or complete impairment of |
physical, mental or
physiological function;
|
h "Department" means the Department of Public Health.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)
|
Sec. 3.
By January 1, 1974, the Department, in conjunction |
with its appropriate
advisory planning committee, shall |
develop standards for all levels of hospital
perinatal care to |
|
include regional perinatal centers. Such standards shall
|
recognize and correlate with the Hospital Licensing Act |
approved July 1,
1953, as amended. The standards shall assure |
that:
|
(a) facilities are equipped and prepared to stabilize |
infants prior to transport;
|
(b) coordination exists between general maternity care and |
perinatal centers;
|
(c) unexpected complications during delivery can be |
properly managed;
|
(d) all high risk pregnancies and childbirths are reviewed |
at each hospital
or maternity center to determine if such |
children are born with a disabling handicapping
condition or |
developmental disability that threatens life or development;
|
(e) procedures are implemented to identify and report to |
the Department
all births of children with disabling |
handicapping conditions or developmental disabilities
that |
threaten life or development;
|
(f) children identified as having a disabling handicapping |
condition or developmental
disability that threatens life or |
development are promptly evaluated in
consultation with |
designated regional perinatal centers and referred,
when |
appropriate, to
such centers, or to other medical specialty |
services, as
approved by the Department and in accordance with |
the level of perinatal
care authorized for each hospital or |
maternity care center for the proper
management and treatment |
|
of such condition or disability;
|
(g) hospital or maternity centers conduct postnatal |
reviews of all
perinatal deaths as well as reviews of the |
births of children born with
disabling handicapping conditions |
or developmental disabilities that threaten life or
|
development, utilizing criteria of case selection developed by |
such hospitals
or maternity centers, or the appropriate medical |
staff committees thereof,
in order to determine the |
appropriateness of diagnosis and treatment and
the adequacy of |
procedures to prevent such disabilities or the loss of life;
|
(h) high risk mothers and their spouses are provided |
information, referral
and counseling services to ensure |
informed consent to the treatment of children
born with |
disabling handicapping conditions or developmental |
disabilities;
|
(i) parents and families are provided information, |
referral and counseling
services to assist in obtaining |
habilitation, rehabilitation
and special education services
|
for children born with disabling handicapping conditions or |
developmental disabilities,
so that such children have an |
opportunity to realize full potential.
Such standards shall |
include, but not be limited to, the establishment of
procedures |
for notification of the appropriate State and local educational
|
service agencies regarding children who may require evaluation |
and assessment
under such agencies;
|
(j) consultation when indicated is provided for and |
|
available.
Perinatal centers shall provide care for the high |
risk expectant mother who may deliver
a distressed infant or |
infant with a disability or disabled infant . Such centers shall |
also provide intensive
care to the high risk newborn whose life |
or physical well-being is in jeopardy.
Standards shall include |
the availability of: 1 trained personnel; 2 trained
neonatal |
nursing staff; 3 x-ray and laboratory equipment available on a
|
24-hour basis; 4 infant monitoring equipment; 5 transportation |
of mothers
and/or infants; 6 genetic services; 7 surgical and |
cardiology consultation;
and 8 other support services as may be |
required.
|
The standards under this Section shall be established by |
rules and
regulations of the Department. Such standards shall |
be deemed sufficient
for the purposes of this Act if they |
require the perinatal care facilities
to submit plans or enter |
into agreements with the Department which
adequately address |
the requirements of paragraphs (a) through (j) above.
|
(Source: P.A. 84-1308.)
|
(410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)
|
Sec. 11.
|
The Department shall develop by July 1, 1974, and revise as |
necessary
each year thereafter, criteria for the |
identification of mothers at risk of
delivering a child whose |
life or development may be threatened by a
disabling |
handicapping condition. Such criteria shall include but need |
|
not be limited
to: (1) history of premature births; (2) |
complications in pregnancy
including toxemia; (3) onset of |
rubella during pregnancy; (4) extreme age;
and (5) incompatible |
blood group.
|
(Source: P.A. 78-557.)
|
Section 820. The Space Heating Safety Act is amended by |
changing Section 9 as follows:
|
(425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
|
Sec. 9. Prohibited Use of Kerosene Heaters. The use of |
kerosene
fueled heaters will be prohibited under any |
circumstances in the following
types of structures:
|
(i) Nursing homes or convalescent centers;
|
(ii) Day-care centers having children present;
|
(iii) Any type of center for persons with disabilities the |
handicapped ;
|
(iv) Common areas of multifamily dwellings;
|
(v) Hospitals;
|
(vi) Structures more than 3 stories in height; and
|
(vii) Structures open to the public which have a capacity |
for 50 or more persons.
|
(Source: P.A. 84-834.)
|
Section 825. The Illinois Poison Prevention Packaging Act |
is amended by changing Section 4 as follows:
|
|
(430 ILCS 40/4) (from Ch. 111 1/2, par. 294)
|
Sec. 4.
|
(a) For the purpose of making any household substance which |
is subject
to a standard established under Section 3 readily |
available to elderly persons or persons with disabilities or
|
handicapped persons unable to use such substance when packaged |
in
compliance with such standard, the manufacturer or packer, |
as the case may
be, may package any household substance, |
subject to such a standard, in
packaging of a single size which |
does not comply with such standard if:
|
(1) the manufacturer or packer also supplies such substance |
in packages
which comply with such standard; and
|
(2) the packages of such substance which do not meet such |
standard bear
conspicuous labeling stating: "This package for |
households without young
children"; except that the Director |
may by regulation prescribe a
substitute statement to the same |
effect for packaging too small to
accommodate such labeling.
|
(b) In the case of a household substance which is subject |
to such a
standard and which is dispensed pursuant to an order |
of a physician,
dentist, or other licensed medical practitioner |
authorized to prescribe,
such substance may be dispensed in |
noncomplying packages only when directed
in such order or when |
requested by the purchaser.
|
(c) In the case of a household substance subject to such a |
standard
which is packaged under subsection (a) in a |
|
noncomplying package, if the
Director determines that such |
substance is not also being supplied by a
manufacturer or |
packer in popular size packages which comply with such
|
standard, he may, after giving the manufacturer or packer an |
opportunity to
comply with the purposes of this Act, by order |
require such substance to be
packaged by such manufacturer or |
packer exclusively in special packaging
complying with such |
standard if he finds, after opportunity for hearing,
that such |
exclusive use of special packaging is necessary to accomplish |
the
purposes of this Act.
|
(Source: P.A. 77-2158.)
|
Section 830. The Firearm Owners Identification Card Act is |
amended by changing Sections 1.1, 4, 8, and 8.1 as follows:
|
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
Sec. 1.1. For purposes of this Act:
|
"Addicted to narcotics" means a person who has been: |
(1) convicted of an offense involving the use or |
possession of cannabis, a controlled substance, or |
methamphetamine within the past year; or |
(2) determined by the Department of State Police to be |
addicted to narcotics based upon federal law or federal |
guidelines. |
"Addicted to narcotics" does not include possession or use |
of a prescribed controlled substance under the direction and |
|
authority of a physician or other person authorized to |
prescribe the controlled substance when the controlled |
substance is used in the prescribed manner. |
"Adjudicated as a person with a mental disability" mentally |
disabled person" means the person is the subject of a |
determination by a court, board, commission or other lawful |
authority that the person, as a result of marked subnormal |
intelligence, or mental illness, mental impairment, |
incompetency, condition, or disease: |
(1) presents a clear and present danger to himself, |
herself, or to others; |
(2) lacks the mental capacity to manage his or her own |
affairs or is adjudicated a person with a disability |
disabled person as defined in Section 11a-2 of the Probate |
Act of 1975; |
(3) is not guilty in a criminal case by reason of |
insanity, mental disease or defect; |
(3.5) is guilty but mentally ill, as provided in |
Section 5-2-6 of the Unified Code of Corrections; |
(4) is incompetent to stand trial in a criminal case; |
(5) is not guilty by reason of lack of mental |
responsibility under Articles 50a and 72b of the Uniform |
Code of Military Justice, 10 U.S.C. 850a, 876b;
|
(6) is a sexually violent person under subsection (f) |
of Section 5 of the Sexually Violent Persons Commitment |
Act; |
|
(7) is a sexually dangerous person under the Sexually |
Dangerous Persons Act; |
(8) is unfit to stand trial under the Juvenile Court |
Act of 1987; |
(9) is not guilty by reason of insanity under the |
Juvenile Court Act of 1987; |
(10) is subject to involuntary admission as an |
inpatient as defined in Section 1-119 of the Mental Health |
and Developmental Disabilities Code; |
(11) is subject to involuntary admission as an |
outpatient as defined in Section 1-119.1 of the Mental |
Health and Developmental Disabilities Code; |
(12) is subject to judicial admission as set forth in |
Section 4-500 of the Mental Health and Developmental |
Disabilities Code; or |
(13) is subject to the provisions of the Interstate |
Agreements on Sexually Dangerous Persons Act. |
"Clear and present danger" means a person who: |
(1) communicates a serious threat of physical violence |
against a reasonably identifiable victim or poses a clear |
and imminent risk of serious physical injury to himself, |
herself, or another person as determined by a physician, |
clinical psychologist, or qualified examiner; or |
(2) demonstrates threatening physical or verbal |
behavior, such as violent, suicidal, or assaultive |
threats, actions, or other behavior, as determined by a |
|
physician, clinical psychologist, qualified examiner, |
school administrator, or law enforcement official. |
"Clinical psychologist" has the meaning provided in |
Section 1-103 of the Mental Health and Developmental |
Disabilities Code. |
"Controlled substance" means a controlled substance or |
controlled substance analog as defined in the Illinois |
Controlled Substances Act. |
"Counterfeit" means to copy or imitate, without legal |
authority, with
intent
to deceive. |
"Developmentally disabled" means a disability which is |
attributable to any other condition which results in impairment |
similar to that caused by an intellectual disability and which |
requires services similar to those required by intellectually |
disabled persons. The disability must originate before the age |
of 18
years, be expected to continue indefinitely, and |
constitute a substantial handicap. |
"Federally licensed firearm dealer" means a person who is |
licensed as a federal firearms dealer under Section 923 of the |
federal Gun Control Act of 1968 (18 U.S.C. 923).
|
"Firearm" means any device, by
whatever name known, which |
is designed to expel a projectile or projectiles
by the action |
of an explosion, expansion of gas or escape of gas; excluding,
|
however:
|
(1) any pneumatic gun, spring gun, paint ball gun, or |
B-B gun which
expels a single globular projectile not |
|
exceeding .18 inch in
diameter or which has a maximum |
muzzle velocity of less than 700 feet
per second;
|
(1.1) any pneumatic gun, spring gun, paint ball gun, or |
B-B gun which expels breakable paint balls containing |
washable marking colors;
|
(2) any device used exclusively for signalling or |
safety and required or
recommended by the United States |
Coast Guard or the Interstate Commerce
Commission;
|
(3) any device used exclusively for the firing of stud |
cartridges,
explosive rivets or similar industrial |
ammunition; and
|
(4) an antique firearm (other than a machine-gun) |
which, although
designed as a weapon, the Department of |
State Police finds by reason of
the date of its |
manufacture, value, design, and other characteristics is
|
primarily a collector's item and is not likely to be used |
as a weapon.
|
"Firearm ammunition" means any self-contained cartridge or |
shotgun
shell, by whatever name known, which is designed to be |
used or adaptable to
use in a firearm; excluding, however:
|
(1) any ammunition exclusively designed for use with a |
device used
exclusively for signalling or safety and |
required or recommended by the
United States Coast Guard or |
the Interstate Commerce Commission; and
|
(2) any ammunition designed exclusively for use with a |
stud or rivet
driver or other similar industrial |
|
ammunition. |
"Gun show" means an event or function: |
(1) at which the sale and transfer of firearms is the |
regular and normal course of business and where 50 or more |
firearms are displayed, offered, or exhibited for sale, |
transfer, or exchange; or |
(2) at which not less than 10 gun show vendors display, |
offer, or exhibit for sale, sell, transfer, or exchange |
firearms.
|
"Gun show" includes the entire premises provided for an |
event or function, including parking areas for the event or |
function, that is sponsored to facilitate the purchase, sale, |
transfer, or exchange of firearms as described in this Section.
|
"Gun show" does not include training or safety classes, |
competitive shooting events, such as rifle, shotgun, or handgun |
matches, trap, skeet, or sporting clays shoots, dinners, |
banquets, raffles, or
any other event where the sale or |
transfer of firearms is not the primary course of business. |
"Gun show promoter" means a person who organizes or |
operates a gun show. |
"Gun show vendor" means a person who exhibits, sells, |
offers for sale, transfers, or exchanges any firearms at a gun |
show, regardless of whether the person arranges with a gun show |
promoter for a fixed location from which to exhibit, sell, |
offer for sale, transfer, or exchange any firearm. |
"Intellectually disabled" means significantly subaverage |
|
general intellectual functioning which exists concurrently |
with impairment in adaptive behavior and which originates |
before the age of 18 years. |
"Involuntarily admitted" has the meaning as prescribed in |
Sections 1-119 and 1-119.1 of the Mental Health and |
Developmental Disabilities Code. |
"Mental health facility" means any licensed private |
hospital or hospital affiliate, institution, or facility, or |
part thereof, and any facility, or part thereof, operated by |
the State or a political subdivision thereof which provide |
treatment of persons with mental illness and includes all |
hospitals, institutions, clinics, evaluation facilities, |
mental health centers, colleges, universities, long-term care |
facilities, and nursing homes, or parts thereof, which provide |
treatment of persons with mental illness whether or not the |
primary purpose is to provide treatment of persons with mental |
illness. |
"Patient" means: |
(1) a person who voluntarily receives mental health |
treatment as an in-patient or resident of any public or |
private mental health facility, unless the treatment was |
solely for an alcohol abuse disorder and no other secondary |
substance abuse disorder or mental illness; or |
(2) a person who voluntarily receives mental health |
treatment as an out-patient or is provided services by a |
public or private mental health facility, and who poses a |
|
clear and present danger to himself, herself, or to others. |
"Person with a developmental disability" means a person |
with a disability which is attributable to any other condition |
which results in impairment similar to that caused by an |
intellectual disability and which requires services similar to |
those required by persons with intellectual disabilities. The |
disability must originate before the age of 18
years, be |
expected to continue indefinitely, and constitute a |
substantial disability. |
"Person with an intellectual disability" means a person |
with a significantly subaverage general intellectual |
functioning which exists concurrently with impairment in |
adaptive behavior and which originates before the age of 18 |
years. |
"Physician" has the meaning as defined in Section 1-120 of |
the Mental Health and Developmental Disabilities Code. |
"Qualified examiner" has the meaning provided in Section |
1-122 of the Mental Health and Developmental Disabilities Code. |
"Sanctioned competitive shooting event" means a shooting |
contest officially recognized by a national or state shooting |
sport association, and includes any sight-in or practice |
conducted in conjunction with the event.
|
"School administrator" means the person required to report |
under the School Administrator Reporting of Mental Health Clear |
and Present Danger Determinations Law. |
"Stun gun or taser" has the meaning ascribed to it in |
|
Section 24-1 of the Criminal Code of 2012. |
(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; |
97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
|
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
Sec. 4. (a) Each applicant for a Firearm Owner's |
Identification Card must:
|
(1) Make application on blank forms prepared and |
furnished at convenient
locations throughout the State by |
the Department of State Police, or by
electronic means, if |
and when made available by the Department of State
Police; |
and
|
(2) Submit evidence to the Department of State Police |
that:
|
(i) He or she is 21 years of age or over, or if he |
or she is under 21
years of age that he or she has the |
written consent of his or her parent or
legal guardian |
to possess and acquire firearms and firearm ammunition |
and that
he or she has never been convicted of a |
misdemeanor other than a traffic
offense or adjudged
|
delinquent, provided, however, that such parent or |
legal guardian is not an
individual prohibited from |
having a Firearm Owner's Identification Card and
files |
an affidavit with the Department as prescribed by the |
Department
stating that he or she is not an individual |
prohibited from having a Card;
|
|
(ii) He or she has not been convicted of a felony |
under the laws of
this or any other jurisdiction;
|
(iii) He or she is not addicted to narcotics;
|
(iv) He or she has not been a patient in a mental |
health facility within
the past 5 years or, if he or |
she has been a patient in a mental health facility more |
than 5 years ago submit the certification required |
under subsection (u) of Section 8 of this Act;
|
(v) He or she is not a person with an intellectual |
disability intellectually disabled ;
|
(vi) He or she is not an alien who is unlawfully |
present in the
United States under the laws of the |
United States;
|
(vii) He or she is not subject to an existing order |
of protection
prohibiting him or her from possessing a |
firearm;
|
(viii) He or she has not been convicted within the |
past 5 years of
battery, assault, aggravated assault, |
violation of an order of
protection, or a substantially |
similar offense in another jurisdiction, in
which a |
firearm was used or possessed;
|
(ix) He or she has not been convicted of domestic |
battery, aggravated domestic battery, or a
|
substantially similar offense in another
jurisdiction |
committed before, on or after January 1, 2012 (the |
effective date of Public Act 97-158). If the applicant |
|
knowingly and intelligently waives the right to have an |
offense described in this clause (ix) tried by a jury, |
and by guilty plea or otherwise, results in a |
conviction for an offense in which a domestic |
relationship is not a required element of the offense |
but in which a determination of the applicability of 18 |
U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
Code of Criminal Procedure of 1963, an entry by the |
court of a judgment of conviction for that offense |
shall be grounds for denying the issuance of a Firearm |
Owner's Identification Card under this Section;
|
(x) (Blank);
|
(xi) He or she is not an alien who has been |
admitted to the United
States under a non-immigrant |
visa (as that term is defined in Section
101(a)(26) of |
the Immigration and Nationality Act (8 U.S.C. |
1101(a)(26))),
or that he or she is an alien who has |
been lawfully admitted to the United
States under a |
non-immigrant visa if that alien is:
|
(1) admitted to the United States for lawful |
hunting or sporting
purposes;
|
(2) an official representative of a foreign |
government who is:
|
(A) accredited to the United States |
Government or the Government's
mission to an |
international organization having its |
|
headquarters in the United
States; or
|
(B) en route to or from another country to |
which that alien is
accredited;
|
(3) an official of a foreign government or |
distinguished foreign
visitor who has been so |
designated by the Department of State;
|
(4) a foreign law enforcement officer of a |
friendly foreign
government entering the United |
States on official business; or
|
(5) one who has received a waiver from the |
Attorney General of the
United States pursuant to |
18 U.S.C. 922(y)(3);
|
(xii) He or she is not a minor subject to a |
petition filed
under Section 5-520 of the Juvenile |
Court Act of 1987 alleging that the
minor is a |
delinquent minor for the commission of an offense that |
if
committed by an adult would be a felony;
|
(xiii) He or she is not an adult who had been |
adjudicated a delinquent
minor under the Juvenile |
Court Act of 1987 for the commission of an offense
that |
if committed by an adult would be a felony;
|
(xiv) He or she is a resident of the State of |
Illinois; |
(xv) He or she has not been adjudicated as a person |
with a mental disability mentally disabled person ; |
(xvi) He or she has not been involuntarily admitted |
|
into a mental health facility; and |
(xvii) He or she is not a person with a |
developmental disability developmentally disabled ; and
|
(3) Upon request by the Department of State Police, |
sign a release on a
form prescribed by the Department of |
State Police waiving any right to
confidentiality and |
requesting the disclosure to the Department of State Police
|
of limited mental health institution admission information |
from another state,
the District of Columbia, any other |
territory of the United States, or a
foreign nation |
concerning the applicant for the sole purpose of |
determining
whether the applicant is or was a patient in a |
mental health institution and
disqualified because of that |
status from receiving a Firearm Owner's
Identification |
Card. No mental health care or treatment records may be
|
requested. The information received shall be destroyed |
within one year of
receipt.
|
(a-5) Each applicant for a Firearm Owner's Identification |
Card who is over
the age of 18 shall furnish to the Department |
of State Police either his or
her Illinois driver's license |
number or Illinois Identification Card number, except as
|
provided in subsection (a-10).
|
(a-10) Each applicant for a Firearm Owner's Identification |
Card,
who is employed as a law enforcement officer, an armed |
security officer in Illinois, or by the United States Military
|
permanently assigned in Illinois and who is not an Illinois |
|
resident, shall furnish to
the Department of State Police his |
or her driver's license number or state
identification card |
number from his or her state of residence. The Department
of |
State Police may adopt rules to enforce the provisions of this
|
subsection (a-10).
|
(a-15) If an applicant applying for a Firearm Owner's |
Identification Card moves from the residence address named in |
the application, he or she shall immediately notify in a form |
and manner prescribed by the Department of State Police of that |
change of address. |
(a-20) Each applicant for a Firearm Owner's Identification |
Card shall furnish to the Department of State Police his or her |
photograph. An applicant who is 21 years of age or older |
seeking a religious exemption to the photograph requirement |
must furnish with the application an approved copy of United |
States Department of the Treasury Internal Revenue Service Form |
4029. In lieu of a photograph, an applicant regardless of age |
seeking a religious exemption to the photograph requirement |
shall submit fingerprints on a form and manner prescribed by |
the Department with his or her application. |
(b) Each application form shall include the following |
statement printed in
bold type: "Warning: Entering false |
information on an application for a Firearm
Owner's |
Identification Card is punishable as a Class 2 felony in |
accordance
with subsection (d-5) of Section 14 of the Firearm |
Owners Identification Card
Act.".
|
|
(c) Upon such written consent, pursuant to Section 4, |
paragraph (a)(2)(i),
the parent or legal guardian giving the |
consent shall be liable for any
damages resulting from the |
applicant's use of firearms or firearm ammunition.
|
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; |
98-63, eff. 7-9-13.)
|
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
Sec. 8. Grounds for denial and revocation. The Department |
of State Police has authority to deny an
application for or to |
revoke and seize a Firearm Owner's Identification
Card |
previously issued under this Act only if the Department finds |
that the
applicant or the person to whom such card was issued |
is or was at the time
of issuance:
|
(a) A person under 21 years of age who has been |
convicted of a
misdemeanor other than a traffic offense or |
adjudged delinquent;
|
(b) A person under 21 years of age who does not have |
the written consent
of his parent or guardian to acquire |
and possess firearms and firearm
ammunition, or whose |
parent or guardian has revoked such written consent,
or |
where such parent or guardian does not qualify to have a |
Firearm Owner's
Identification Card;
|
(c) A person convicted of a felony under the laws of |
this or any other
jurisdiction;
|
|
(d) A person addicted to narcotics;
|
(e) A person who has been a patient of a mental health |
facility within the
past 5 years or a person who has been a |
patient in a mental health facility more than 5 years ago |
who has not received the certification required under |
subsection (u) of this Section. An active law enforcement |
officer employed by a unit of government who is denied, |
revoked, or has his or her Firearm Owner's Identification |
Card seized under this subsection (e) may obtain relief as |
described in subsection (c-5) of Section 10 of this Act if |
the officer did not act in a manner threatening to the |
officer, another person, or the public as determined by the |
treating clinical psychologist or physician, and the |
officer seeks mental health treatment;
|
(f) A person whose mental condition is of such a nature |
that it poses
a clear and present danger to the applicant, |
any other person or persons or
the community;
|
(g) A person who has an intellectual disability is |
intellectually disabled ;
|
(h) A person who intentionally makes a false statement |
in the Firearm
Owner's Identification Card application;
|
(i) An alien who is unlawfully present in
the United |
States under the laws of the United States;
|
(i-5) An alien who has been admitted to the United |
States under a
non-immigrant visa (as that term is defined |
in Section 101(a)(26) of the
Immigration and Nationality |
|
Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
(i-5) does not apply to any alien who has been lawfully |
admitted to
the United States under a non-immigrant visa if |
that alien is:
|
(1) admitted to the United States for lawful |
hunting or sporting purposes;
|
(2) an official representative of a foreign |
government who is:
|
(A) accredited to the United States Government |
or the Government's
mission to an international |
organization having its headquarters in the United
|
States; or
|
(B) en route to or from another country to |
which that alien is
accredited;
|
(3) an official of a foreign government or |
distinguished foreign visitor
who has been so |
designated by the Department of State;
|
(4) a foreign law enforcement officer of a friendly |
foreign government
entering the United States on |
official business; or
|
(5) one who has received a waiver from the Attorney |
General of the United
States pursuant to 18 U.S.C. |
922(y)(3);
|
(j) (Blank);
|
(k) A person who has been convicted within the past 5 |
years of battery,
assault, aggravated assault, violation |
|
of an order of protection, or a
substantially similar |
offense in another jurisdiction, in which a firearm was
|
used or possessed;
|
(l) A person who has been convicted of domestic |
battery, aggravated domestic battery, or a substantially
|
similar offense in another jurisdiction committed before, |
on or after January 1, 2012 (the effective date of Public |
Act 97-158). If the applicant or person who has been |
previously issued a Firearm Owner's Identification Card |
under this Act knowingly and intelligently waives the right |
to have an offense described in this paragraph (l) tried by |
a jury, and by guilty plea or otherwise, results in a |
conviction for an offense in which a domestic relationship |
is not a required element of the offense but in which a |
determination of the applicability of 18 U.S.C. 922(g)(9) |
is made under Section 112A-11.1 of the Code of Criminal |
Procedure of 1963, an entry by the court of a judgment of |
conviction for that offense shall be grounds for denying an |
application for and for revoking and seizing a Firearm |
Owner's Identification Card previously issued to the |
person under this Act;
|
(m) (Blank);
|
(n) A person who is prohibited from acquiring or |
possessing
firearms or firearm ammunition by any Illinois |
State statute or by federal
law;
|
(o) A minor subject to a petition filed under Section |
|
5-520 of the
Juvenile Court Act of 1987 alleging that the |
minor is a delinquent minor for
the commission of an |
offense that if committed by an adult would be a felony;
|
(p) An adult who had been adjudicated a delinquent |
minor under the Juvenile
Court Act of 1987 for the |
commission of an offense that if committed by an
adult |
would be a felony;
|
(q) A person who is not a resident of the State of |
Illinois, except as provided in subsection (a-10) of |
Section 4; |
(r) A person who has been adjudicated as a person with |
a mental disability mentally disabled person ; |
(s) A person who has been found to have a developmental |
disability be developmentally disabled ; |
(t) A person involuntarily admitted into a mental |
health facility; or |
(u) A person who has had his or her Firearm Owner's |
Identification Card revoked or denied under subsection (e) |
of this Section or item (iv) of paragraph (2) of subsection |
(a) of Section 4 of this Act because he or she was a |
patient in a mental health facility as provided in |
subsection (e) of this Section, shall not be permitted to |
obtain a Firearm Owner's Identification Card, after the |
5-year period has lapsed, unless he or she has received a |
mental health evaluation by a physician, clinical |
psychologist, or qualified examiner as those terms are |
|
defined in the Mental Health and Developmental |
Disabilities Code, and has received a certification that he |
or she is not a clear and present danger to himself, |
herself, or others. The physician, clinical psychologist, |
or qualified examiner making the certification and his or |
her employer shall not be held criminally, civilly, or |
professionally liable for making or not making the |
certification required under this subsection, except for |
willful or wanton misconduct. This subsection does not |
apply to a person whose firearm possession rights have been |
restored through administrative or judicial action under |
Section 10 or 11 of this Act. |
Upon revocation of a person's Firearm Owner's |
Identification Card, the Department of State Police shall |
provide notice to the person and the person shall comply with |
Section 9.5 of this Act. |
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; |
98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. |
7-16-14.)
|
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
|
Sec. 8.1. Notifications to the Department of State Police.
|
(a) The Circuit Clerk shall, in the form and manner |
required by the
Supreme Court, notify the Department of State |
Police of all final dispositions
of cases for which the |
|
Department has received information reported to it under
|
Sections 2.1 and 2.2 of the Criminal Identification Act.
|
(b) Upon adjudication of any individual as a person with a |
mental disability mentally disabled person as defined in |
Section 1.1 of this Act or a finding that a person has been |
involuntarily admitted, the court shall direct the circuit |
court clerk to immediately notify the Department of State |
Police, Firearm Owner's Identification (FOID) department, and |
shall forward a copy of the court order to the Department. |
(c) The Department of Human Services shall, in the form and |
manner prescribed by the Department of State Police, report all |
information collected under subsection (b) of Section 12 of the |
Mental Health and Developmental Disabilities Confidentiality |
Act for the purpose of determining whether a person who may be |
or may have been a patient in a mental health facility is |
disqualified under State or federal law from receiving or |
retaining a Firearm Owner's Identification Card, or purchasing |
a weapon. |
(d) If a person is determined to pose a clear and present |
danger to himself, herself, or to others: |
(1) by a physician, clinical psychologist, or |
qualified examiner, or is determined to have a |
developmental disability be developmentally disabled by a |
physician, clinical psychologist, or qualified examiner, |
whether employed by the State or privately, then the |
physician, clinical psychologist, or qualified examiner |
|
shall, within 24 hours of making the determination, notify |
the Department of Human Services that the person poses a |
clear and present danger or has a developmental disability |
is developmentally disabled ; or |
(2) by a law enforcement official or school |
administrator, then the law enforcement official or school |
administrator shall, within 24 hours of making the |
determination, notify the Department of State Police that |
the person poses a clear and present danger. |
The Department of Human Services shall immediately update |
its records and information relating to mental health and |
developmental disabilities, and if appropriate, shall notify |
the Department of State Police in a form and manner prescribed |
by the Department of State Police. The Department of State |
Police shall determine whether to revoke the person's Firearm |
Owner's Identification Card under Section 8 of this Act. Any |
information disclosed under this subsection shall remain |
privileged and confidential, and shall not be redisclosed, |
except as required under subsection (e) of Section 3.1 of this |
Act, nor used for any other purpose. The method of providing |
this information shall guarantee that the information is not |
released beyond what is necessary for the purpose of this |
Section and shall be provided by rule by the Department of |
Human Services. The identity of the person reporting under this |
Section shall not be disclosed to the subject of the report. |
The physician, clinical psychologist, qualified examiner, law |
|
enforcement official, or school administrator making the |
determination and his or her employer shall not be held |
criminally, civilly, or professionally liable for making or not |
making the notification required under this subsection, except |
for willful or wanton misconduct. |
(e) The Department of State Police shall adopt rules to |
implement this Section. |
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; 98-600, |
eff. 12-6-13.)
|
Section 835. The Emergency Evacuation Plan for People with |
Disabilities Act is amended by changing Sections 10 and 15 as |
follows:
|
(430 ILCS 130/10)
|
Sec. 10.
Emergency evacuation plan for persons with |
disabilities
required. By January 1, 2004, every high rise |
building owner must establish and
maintain an
emergency |
evacuation plan for occupants of the building who have a |
disability and disabled occupants of the building who have
|
notified the owner of their need for assistance. The evacuation |
plan must be
established even if the owner has not been |
notified of a need for evacuation
assistance by an occupant of |
the building who has a disability a disabled occupant of the |
building . As used
in this Act, "high rise building" means any |
building 80 feet or more in
height. The owner is responsible |
|
for maintaining and updating the plan as
necessary to ensure |
that the plan continues to comply with the provisions of
this |
Act.
|
(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
|
(430 ILCS 130/15)
|
Sec. 15. Plan requirements.
|
(a) Each plan must establish procedures for evacuating
|
persons with disabilities from the building in the event of an |
emergency,
when
those persons have notified the owner of their |
need for assistance.
|
(b) Each plan must provide for a list to be maintained of |
persons who
have notified the owner that they have a disability |
they are disabled and would require special
assistance in the |
event of an emergency. The list must include the unit,
office, |
or room number location that the person with a disability |
disabled person occupies in the
building. It is the intent of |
this Act
that these
lists must be
maintained for the sole |
purpose of emergency evacuation. The lists may
not be used or |
disseminated for any other purpose.
|
(c) The plan must provide for a means to notify
occupants |
of the
building that a list identifying persons with a |
disability in need of emergency
evacuation assistance is |
maintained by the owner, and the method by which
occupants can |
place their name on the list.
|
(d) In hotels and motels, each plan must provide an |
|
opportunity for a
guest to identify himself or herself as a |
person with a disability in need of
emergency evacuation |
assistance.
|
(e) The plan must identify the location and type of any |
evacuation
assistance devices or assistive technologies that |
are available in the
building.
|
If the plan provides for areas of rescue assistance, the |
plan must provide
that
these areas are to be identified by |
signs that state "Area of Rescue
Assistance" and display the |
international symbol of accessibility. Lettering
must be |
permanent and must comply with Americans with Disabilities Act
|
Accessibility Guidelines.
|
(f) Each plan must include recommended procedures to be |
followed
by building employees, tenants, or guests to assist |
persons with disabilities
in need of emergency evacuation |
assistance.
|
(g) A copy of the plan must be maintained at all times in a |
place that
is easily accessible by law enforcement or fire |
safety personnel, such as in
the management office of the high |
rise building, at the security desk, or in
the vicinity of the |
fireman's elevator recall key, the life safety panel, or
the |
fire pump room.
|
(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
|
Section 840. The Illinois Premise Alert Program (PAP) Act |
is amended by changing Section 15 as follows:
|
|
(430 ILCS 132/15)
|
Sec. 15. Reporting of Special Needs Individuals.
|
(a) Public safety agencies and suppliers of oxygen |
containers used for medical purposes shall make reasonable |
efforts to publicize the Premise Alert Program (PAP) database. |
Means of publicizing the database include, but are not limited |
to, pamphlets and websites. |
(b) Families, caregivers, or the individuals with |
disabilities or special needs may contact their local law |
enforcement agency or fire department or fire protection |
district. |
(c) Public safety workers are to be cognizant of special |
needs individuals they may come across when they respond to |
calls. If workers are able to identify individuals who have |
special needs, they shall try to ascertain as specifically as |
possible what that special need might be. The public safety |
worker should attempt to verify the special need as provided in |
item (2) of subsection (d). |
(d) The disabled individual's name, date of birth, phone |
number,
residential address or place of employment of the |
individual with a disability , and a description of whether |
oxygen canisters are kept at that location for medical purposes |
should also be obtained
for possible entry into the PAP |
database. |
(1) Whenever possible, it is preferable that written |
|
permission is
obtained from a parent, guardian, family |
member, or caregiver
of the individual themselves prior to |
being entered into the
PAP database. |
(2) No individual may be entered into a PAP
database |
unless the special need has been verified.
Acceptable means |
of verifying a special need for purposes
of this program |
shall include statements by: |
(A) the individual, |
(B) family members, |
(C) friends, |
(D) caregivers, or |
(E) medical personnel familiar with the |
individual. |
(e) For public safety agencies that share the same CAD |
database, information collected by one agency serviced by the |
CAD database is to be disseminated to all agencies utilizing |
that database. |
(f) Information received at an incorrect public safety |
agency shall be accepted and forwarded to the correct agency as |
soon as possible.
|
(g) All information entered into the PAP database must be |
updated every 2 years or when such information changes.
|
(Source: P.A. 96-788, eff. 8-28-09; 97-333, eff. 8-12-11; |
97-476, eff. 8-22-11.)
|
Section 845. The Animal Control Act is amended by changing |
|
Sections 15 and 15.1 as follows:
|
(510 ILCS 5/15) (from Ch. 8, par. 365)
|
Sec. 15. (a) In order to have a dog deemed "vicious", the |
Administrator,
Deputy
Administrator,
or law enforcement |
officer must give notice of the
infraction that
is the basis of |
the investigation to the owner, conduct a thorough
|
investigation, interview
any witnesses, including the owner, |
gather any existing medical records,
veterinary
medical |
records or behavioral evidence, and make a detailed report |
recommending
a
finding that the dog is a vicious dog and give |
the report to the States
Attorney's Office and the
owner. The |
Administrator, State's Attorney, Director or any citizen of the
|
county in
which the dog exists may file a complaint in the |
circuit court in the name of
the People of the
State of
|
Illinois to deem a dog to be a vicious dog. Testimony of a |
certified applied
behaviorist, a
board certified veterinary |
behaviorist, or another recognized expert may be
relevant to |
the
court's determination of whether the dog's behavior was |
justified. The
petitioner must
prove the dog is a vicious dog |
by clear and convincing evidence. The
Administrator shall |
determine where the animal shall be confined during the
|
pendency of the case.
|
A dog may not be declared vicious if the court determines |
the conduct of
the
dog was
justified because:
|
(1) the threat, injury, or death was sustained by a |
|
person who at the time
was
committing a crime or offense |
upon the owner or custodian of the dog, or was committing a |
willful trespass or other tort upon the premises or |
property owned or occupied by the owner of the animal;
|
(2) the injured, threatened, or killed person was |
abusing,
assaulting,
or physically threatening the dog or |
its offspring, or has in the past
abused,
assaulted, or |
physically threatened the dog or its offspring; or
|
(3) the dog was responding to pain or injury, or was |
protecting itself, its
owner,
custodian, or member of its |
household, kennel, or offspring.
|
No dog shall be deemed "vicious" if it is a professionally |
trained dog for
law
enforcement or guard duties. Vicious dogs |
shall not be classified
in a manner that is specific as to |
breed.
|
If the burden of proof has been met, the court shall deem |
the dog to be a
vicious dog.
|
If a dog is found to be a vicious dog, the owner shall pay a |
$100 public safety fine to be deposited into the Pet Population |
Control Fund, the dog shall be spayed or
neutered within 10 |
days of the finding at the expense of its
owner and |
microchipped, if not already, and the dog is subject to
|
enclosure. If an owner fails to comply with these requirements, |
the animal control agency shall impound the dog and the owner |
shall pay a $500 fine plus impoundment fees to the animal |
control agency impounding the dog. The judge has the discretion |
|
to order a vicious dog be euthanized. A dog found to be a |
vicious dog shall not be released to the
owner until the |
Administrator, an Animal Control Warden, or the
Director |
approves the enclosure. No owner or
keeper of a vicious dog |
shall sell or give away the dog without
approval from the |
Administrator or court. Whenever an owner of a vicious dog |
relocates, he or she shall notify
both the
Administrator of
|
County
Animal Control where he or she has relocated and the |
Administrator of County
Animal Control where he or she formerly |
resided.
|
(b) It shall be unlawful for any person to keep or maintain |
any dog
which has been found to be a vicious dog unless the dog |
is
kept in an enclosure. The only times that a vicious dog may |
be allowed out
of the enclosure are (1) if it is necessary for |
the owner or keeper to
obtain veterinary care for the dog, (2) |
in the case of an emergency or
natural disaster where the
dog's |
life is threatened, or (3) to comply with the order of a
court |
of competent jurisdiction, provided that the dog is securely |
muzzled
and restrained with a leash not
exceeding 6 feet in |
length, and shall be under the direct control and
supervision |
of the owner or keeper of the dog or muzzled in its residence.
|
Any dog which has been found to be a vicious dog and which |
is not
confined to an enclosure shall be impounded by the |
Administrator, an Animal
Control Warden, or the law enforcement |
authority having jurisdiction in
such area.
|
If the owner of the dog has not appealed the impoundment |
|
order to the
circuit court in the county in which the animal |
was impounded within 15
working days, the dog may be |
euthanized.
|
Upon filing a notice of appeal, the order of euthanasia |
shall be
automatically stayed pending the outcome of the |
appeal. The owner shall bear
the burden of timely notification |
to animal control in writing.
|
Guide dogs for the blind or hearing impaired, support dogs |
for persons with physical disabilities the
physically |
handicapped , accelerant detection dogs, and sentry, guard, or
|
police-owned dogs are
exempt from this Section; provided, an |
attack or injury to a person
occurs while the dog is performing |
duties as expected. To qualify for
exemption under this |
Section, each such dog shall be currently
inoculated against |
rabies in accordance with Section 8
of this Act. It shall be |
the duty of the owner of such exempted dog to
notify the |
Administrator of changes of address. In the case of a sentry or
|
guard dog, the owner shall keep the Administrator advised of |
the location
where such dog will be stationed. The |
Administrator shall provide police
and fire departments with a |
categorized list of such exempted dogs, and
shall promptly |
notify such departments of any address changes reported to him.
|
(c) If the animal control agency has custody of the dog, |
the agency may file a petition with the court requesting that |
the owner be ordered to post security. The security must be in |
an amount sufficient to secure payment of all reasonable |
|
expenses expected to be incurred by the animal control agency |
or animal shelter in caring for and providing for the dog |
pending the determination. Reasonable expenses include, but |
are not limited to, estimated medical care and boarding of the |
animal for 30 days. If security has been posted in accordance |
with this Section, the animal control agency may draw from the |
security the actual costs incurred by the agency in caring for |
the dog. |
(d) Upon receipt of a petition, the court must set a |
hearing on the petition, to be conducted within 5 business days |
after the petition is filed. The petitioner must serve a true |
copy of the petition upon the defendant. |
(e) If the court orders the posting of security, the |
security must be posted with the clerk of the court within 5 |
business days after the hearing. If the person ordered to post |
security does not do so, the dog is forfeited by operation of |
law and the animal control agency must dispose of the animal |
through adoption or humane euthanization.
|
(Source: P.A. 96-1171, eff. 7-22-10.)
|
(510 ILCS 5/15.1)
|
Sec. 15.1. Dangerous dog determination.
|
(a) After a thorough investigation
including: sending, |
within 10 business days of the Administrator or Director |
becoming
aware of the alleged infraction,
notifications to the |
owner of the alleged infractions, the fact of the
initiation of |
|
an investigation,
and
affording the owner an opportunity to |
meet with the Administrator or
Director prior to the making of |
a determination;
gathering of
any medical or veterinary |
evidence; interviewing witnesses; and making a
detailed
|
written report, an animal control warden, deputy |
administrator, or law
enforcement agent
may ask the |
Administrator, or his or her designee, or the Director, to deem |
a
dog to be
"dangerous". No dog shall be deemed a "dangerous |
dog" unless shown to be a dangerous dog by a preponderance of |
evidence. The owner shall be sent immediate notification of the |
determination
by registered or certified mail that includes a |
complete description of the
appeal
process.
|
(b) A dog shall not be declared dangerous if the |
Administrator,
or his or her designee, or the Director |
determines the
conduct of the dog was justified because:
|
(1) the threat was sustained by a person
who at the |
time was committing a crime or offense upon the owner or
|
custodian of the dog or was committing a willful trespass |
or other tort upon the premises or property occupied by the |
owner of the animal;
|
(2) the threatened person was
abusing, assaulting, or |
physically threatening the dog or
its offspring;
|
(3) the injured, threatened, or killed companion |
animal
was attacking or threatening to attack the dog or |
its offspring; or
|
(4) the dog was responding to pain or injury or was
|
|
protecting itself, its owner, custodian, or a member of its |
household,
kennel, or offspring.
|
(c) Testimony of a certified applied behaviorist, a board |
certified
veterinary behaviorist, or another recognized expert |
may be relevant to
the determination of whether the dog's |
behavior was
justified pursuant to the provisions of this |
Section.
|
(d) If deemed dangerous, the Administrator, or his or her |
designee, or the
Director shall order (i) the dog's owner to |
pay a $50 public safety fine to be deposited into the Pet |
Population Control Fund, (ii) the dog to be spayed or neutered |
within
14
days
at the
owner's expense and microchipped, if not |
already, and (iii) one or more of the
following
as deemed |
appropriate under
the
circumstances and necessary for the |
protection of the public:
|
(1) evaluation of the dog by a certified applied |
behaviorist, a
board certified veterinary behaviorist, or |
another recognized expert in
the field and completion of |
training or other treatment as deemed
appropriate by the |
expert. The owner of the dog shall be responsible
for all |
costs associated with evaluations and training ordered |
under
this subsection; or
|
(2) direct supervision by an adult 18 years of age or |
older
whenever the animal is on public premises.
|
(e) The Administrator may order a dangerous dog to be |
muzzled
whenever it is on public premises in a manner that
will |
|
prevent
it from biting any person or animal, but that shall not |
injure the dog or
interfere with its
vision or respiration.
|
(f) Guide dogs for the blind or hearing impaired, support |
dogs for persons with a physical disability the
physically |
handicapped , and sentry, guard, or
police-owned dogs are exempt |
from this Section; provided, an attack or injury
to a person |
occurs while the dog is performing duties as expected. To |
qualify
for exemption under this Section, each such dog shall |
be currently inoculated
against rabies in accordance with |
Section 8 of this Act and performing duties
as expected. It |
shall be the duty
of the owner of the exempted dog to notify |
the Administrator of changes of
address. In the case of a |
sentry or guard dog, the owner shall keep the
Administrator |
advised of the location where such dog will be stationed. The
|
Administrator shall provide police and fire departments with a |
categorized list
of the exempted dogs, and shall promptly |
notify the departments of any
address changes reported to him |
or her.
|
(g) An animal control agency has the right to impound a |
dangerous dog if the owner fails to comply with the |
requirements of this Act.
|
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
Section 850. The Humane Care for Animals Act is amended by |
changing Sections 2.01c and 7.15 as follows:
|
|
(510 ILCS 70/2.01c)
|
Sec. 2.01c. Service animal. "Service animal" means an |
animal trained in
obedience and task skills to meet the needs |
of a person with a disability disabled person .
|
(Source: P.A. 92-454, eff. 1-1-02.)
|
(510 ILCS 70/7.15)
|
Sec. 7.15. Guide, hearing, and support dogs.
|
(a) A person may not willfully and maliciously annoy, |
taunt, tease, harass,
torment, beat, or strike a guide, |
hearing, or support dog or otherwise engage
in any conduct |
directed toward a guide, hearing, or support dog that is likely
|
to impede or interfere with the dog's performance of its duties |
or that places
the blind, hearing impaired, or person with a |
physical disability physically handicapped person being served |
or
assisted by the dog in danger of injury.
|
(b) A person may not willfully and maliciously torture, |
injure, or kill a
guide, hearing, or support dog.
|
(c) A person may not willfully and maliciously permit a dog |
that is owned,
harbored, or controlled by the person to cause |
injury to or the death of a
guide, hearing, or support dog |
while the guide, hearing, or support dog is in
discharge of its |
duties.
|
(d) A person convicted of violating this Section is guilty |
of a Class A
misdemeanor. A second or subsequent violation is a |
Class 4 felony. A person
convicted of violating subsection (b) |
|
or (c) of this Section is guilty of a
Class 4 felony if the dog |
is killed or totally disabled, and may be ordered
by the court |
to make restitution to the person with a disability disabled |
person having custody or
ownership of the dog for veterinary |
bills and replacement costs of the dog.
|
(Source: P.A. 92-650, eff. 7-11-02.)
|
Section 855. The Fish and Aquatic Life Code is amended by |
changing Sections 15-5 and 20-5 as follows:
|
(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
|
Sec. 15-5. Commercial fisherman; license requirement.
|
(a) A "commercial fisherman" is defined as any individual |
who uses any
of the commercial fishing devices as defined by |
this Code for the taking of
any aquatic life, except mussels, |
protected by the terms of this Code.
|
(b) All commercial fishermen shall have a commercial |
fishing license.
In addition to a commercial fishing license, a |
commercial fisherman shall also obtain a sport fishing license. |
All individuals assisting a licensed commercial fisherman in |
taking aquatic
life, except mussels, from any waters of the |
State must have a commercial
fishing license unless these |
individuals are under the direct supervision
of and aboard the |
same watercraft as the licensed commercial fisherman. An |
individual assisting a licensed commercial fisherman must |
first obtain a sport fishing license. |
|
(c) Notwithstanding any other provision of law to the |
contrary, blind residents or residents with a disability or |
disabled residents may fish with commercial fishing devices |
without holding a sports fishing license. For the purpose of |
this Section, an individual is blind or has a disability |
disabled if that individual has a Class 2 disability as defined |
in Section 4A of the Illinois Identification Card Act. For the |
purposes of this Section, an Illinois person with a Disability |
Identification Card issued under the Illinois Identification |
Card Act indicating that the individual named on the card has a |
Class 2 disability shall be adequate documentation of a |
disability.
|
(d) Notwithstanding any other provision of law to the |
contrary, a veteran who, according to the determination of the |
federal Veterans' Administration as certified by the |
Department of Veterans' Affairs, is at least 10% disabled with |
service-related disabilities or in receipt of total disability |
pensions may fish with commercial fishing devices without |
holding a sports fishing license during those periods of the |
year that it is lawful to fish with commercial fishing devices, |
if the respective disabilities do not prevent the veteran from |
fishing in a manner that is safe to him or herself and others. |
(e) A "Lake Michigan commercial fisherman" is defined as an |
individual
who resides in this State or an Illinois corporation |
who uses any of the
commercial fishing devices as defined by |
this Code for the taking of aquatic
life, except mussels, |
|
protected by the terms of this Code.
|
(f) For purposes of this Section, an act or omission that |
constitutes
a violation committed by an officer, employee, or |
agent of a corporation
shall be deemed the act or omission of |
the corporation.
|
(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15 .)
|
(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
|
Sec. 20-5. Necessity of license; exemptions.
|
(a) Any person taking or attempting to take any fish,
|
including minnows for commercial purposes, turtles, mussels, |
crayfish, or
frogs by any means whatever in any waters or lands |
wholly or in part
within the jurisdiction of the State, |
including that part of Lake
Michigan under the jurisdiction of |
this State, shall first obtain a
license to do so, and shall do |
so only during the respective
periods of the year when it shall |
be lawful as provided in this Code.
Individuals under 16, blind |
residents or residents with a disability or disabled residents , |
or individuals fishing at
fee fishing areas licensed by the |
Department, however, may fish with sport
fishing devices |
without being required to have a license. For the purpose of |
this
Section
an individual is blind or has a disability |
disabled if that individual has a Class 2 disability
as defined |
in Section 4A of the Illinois Identification Card Act. For |
purposes
of this Section an Illinois Person with a Disability |
Identification Card issued under
the Illinois Identification |
|
Card Act indicating that the individual named on
the card has a |
Class 2 disability shall be adequate documentation of a
|
disability.
|
(b) A courtesy non-resident sport fishing license or stamp |
may be issued
at
the discretion of the Director, without fee, |
to (i) any individual officially
employed in the wildlife and |
fish or conservation department of another
state or of the |
United States who is within the State to assist or
consult or |
cooperate with the Director or (ii) the officials of other
|
states, the United States, foreign countries, or officers or
|
representatives of conservation organizations or publications |
while in
the State as guests of the Governor or Director.
|
(c) The Director may issue special fishing permits without |
cost to
groups of hospital patients or to individuals with |
disabilities handicapped individuals for
use on specified |
dates in connection with supervised fishing for therapy.
|
(d) Veterans who, according to the determination of the |
Veterans'
Administration as certified by the Department of |
Veterans' Affairs, are at
least 10% disabled with |
service-related disabilities or in receipt of total
disability |
pensions may fish with sport fishing devices
during those |
periods of
the year it is lawful to do so without being |
required to have a license,
on the condition that their |
respective disabilities do not prevent them
from fishing in a |
manner which is safe to themselves and others.
|
(e) Each year the Director may designate a period, not to |
|
exceed 4 days
in duration, when sport fishermen may fish waters |
wholly or in
part within the
jurisdiction of the State, |
including that part of Lake Michigan under the
jurisdiction of |
the State, and not be required to obtain the license or
stamp |
required by subsection (a) of this Section, Section 20-10 or
|
subsection (a) of Section 20-55. The term of any such period |
shall be
established by administrative rule.
This subsection |
shall not apply to commercial fishing.
|
(f) The Director may issue special fishing permits without |
cost for a
group event, restricted to specific dates and |
locations if it is determined by
the Department that the event |
is beneficial in promoting sport fishing in
Illinois.
|
(Source: P.A. 97-1064, eff. 1-1-13.)
|
Section 860. The Wildlife Code is amended by changing |
Sections 2.5, 2.33, and 3.1 as follows:
|
(520 ILCS 5/2.5) |
Sec. 2.5. Crossbow conditions. A person may use a crossbow |
if one or more of the following conditions are met: |
(1) the user is a person age 62 and older; |
(2) the user is a person with a disability handicapped |
person to whom the Director has issued a permit to use a |
crossbow, as provided by administrative rule; or |
(3) the date of using the crossbow is during the period |
of the second Monday following the Thanksgiving holiday |
|
through the last day of the archery deer hunting season |
(both inclusive) set annually by the Director. |
As used in this Section, " person with a disability |
handicapped person " means a person who has a physical |
impairment due to injury or disease, congenital or acquired, |
which renders the person them so severely disabled as to be |
unable to use a longbow, recurve bow, or compound bow. Permits |
must be issued only after the receipt of a physician's |
statement confirming the applicant is a person with a |
disability handicapped as defined above.
|
(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
|
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
|
Sec. 2.33. Prohibitions.
|
(a) It is unlawful to carry or possess any gun in any
State |
refuge unless otherwise permitted by administrative rule.
|
(b) It is unlawful to use or possess any snare or |
snare-like device,
deadfall, net, or pit trap to take any |
species, except that snares not
powered by springs or other |
mechanical devices may be used to trap
fur-bearing mammals, in |
water sets only, if at least one-half of the snare
noose is |
located underwater at all times.
|
(c) It is unlawful for any person at any time to take a |
wild mammal
protected by this Act from its den by means of any |
mechanical device,
spade, or digging device or to use smoke or |
other gases to dislodge or
remove such mammal except as |
|
provided in Section 2.37.
|
(d) It is unlawful to use a ferret or any other small |
mammal which is
used in the same or similar manner for which |
ferrets are used for the
purpose of frightening or driving any |
mammals from their dens or hiding places.
|
(e) (Blank).
|
(f) It is unlawful to use spears, gigs, hooks or any like |
device to
take any species protected by this Act.
|
(g) It is unlawful to use poisons, chemicals or explosives |
for the
purpose of taking any species protected by this Act.
|
(h) It is unlawful to hunt adjacent to or near any peat, |
grass,
brush or other inflammable substance when it is burning.
|
(i) It is unlawful to take, pursue or intentionally harass |
or disturb
in any manner any wild birds or mammals by use or |
aid of any vehicle or
conveyance, except as permitted by the |
Code of Federal Regulations for the
taking of waterfowl. It is |
also unlawful to use the lights of any vehicle
or conveyance or |
any light from or any light connected to the
vehicle or |
conveyance in any area where wildlife may be found except in
|
accordance with Section 2.37 of this Act; however, nothing in |
this
Section shall prohibit the normal use of headlamps for the |
purpose of driving
upon a roadway. Striped skunk, opossum, red |
fox, gray
fox, raccoon and coyote may be taken during the open |
season by use of a small
light which is worn on the body or |
hand-held by a person on foot and not in any
vehicle.
|
(j) It is unlawful to use any shotgun larger than 10 gauge |
|
while
taking or attempting to take any of the species protected |
by this Act.
|
(k) It is unlawful to use or possess in the field any |
shotgun shell loaded
with a shot size larger than lead BB or |
steel T (.20 diameter) when taking or
attempting to take any |
species of wild game mammals (excluding white-tailed
deer), |
wild game birds, migratory waterfowl or migratory game birds |
protected
by this Act, except white-tailed deer as provided for |
in Section 2.26 and other
species as provided for by subsection |
(l) or administrative rule.
|
(l) It is unlawful to take any species of wild game, except
|
white-tailed deer and fur-bearing mammals, with a shotgun |
loaded with slugs unless otherwise
provided for by |
administrative rule.
|
(m) It is unlawful to use any shotgun capable of holding |
more than 3
shells in the magazine or chamber combined, except |
on game breeding and
hunting preserve areas licensed under |
Section 3.27 and except as permitted by
the Code of Federal |
Regulations for the taking of waterfowl. If the shotgun
is |
capable of holding more than 3 shells, it shall, while being |
used on an
area other than a game breeding and shooting |
preserve area licensed
pursuant to Section 3.27, be fitted with |
a one piece plug that is
irremovable without dismantling the |
shotgun or otherwise altered to
render it incapable of holding |
more than 3 shells in the magazine and
chamber, combined.
|
(n) It is unlawful for any person, except persons who |
|
possess a permit to
hunt from a vehicle as provided in this |
Section and persons otherwise permitted
by law, to have or |
carry any gun in or on any vehicle, conveyance or aircraft,
|
unless such gun is unloaded and enclosed in a case, except that |
at field trials
authorized by Section 2.34 of this Act, |
unloaded guns or guns loaded with blank
cartridges only, may be |
carried on horseback while not contained in a case, or
to have |
or carry any bow or arrow device in or on any vehicle unless |
such bow
or arrow device is unstrung or enclosed in a case, or |
otherwise made
inoperable.
|
(o) It is unlawful to use any crossbow for the purpose of |
taking any
wild birds or mammals, except as provided for in |
Section 2.5.
|
(p) It is unlawful to take game birds, migratory game birds |
or
migratory waterfowl with a rifle, pistol, revolver or |
airgun.
|
(q) It is unlawful to fire a rifle, pistol, revolver or |
airgun on,
over or into any waters of this State, including |
frozen waters.
|
(r) It is unlawful to discharge any gun or bow and arrow |
device
along, upon, across, or from any public right-of-way or |
highway in this State.
|
(s) It is unlawful to use a silencer or other device to |
muffle or
mute the sound of the explosion or report resulting |
from the firing of
any gun.
|
(t) It is unlawful for any person to take or attempt to |
|
take any species of wildlife or parts thereof, intentionally or |
wantonly allow a dog to
hunt, within or upon the land of |
another, or upon waters flowing over or
standing on the land of |
another, or to knowingly shoot a gun or bow and arrow device at |
any wildlife physically on or flying over the property of |
another without first obtaining permission from
the owner or |
the owner's designee. For the purposes of this Section, the |
owner's designee means anyone who the owner designates in a |
written authorization and the authorization must contain (i) |
the legal or common description of property for such authority |
is given, (ii) the extent that the owner's designee is |
authorized to make decisions regarding who is allowed to take |
or attempt to take any species of wildlife or parts thereof, |
and (iii) the owner's notarized signature. Before enforcing |
this
Section the law enforcement officer must have received |
notice from the
owner or the owner's designee of a violation of |
this Section. Statements made to the
law enforcement officer |
regarding this notice shall not be rendered
inadmissible by the |
hearsay rule when offered for the purpose of showing the
|
required notice.
|
(u) It is unlawful for any person to discharge any firearm |
for the purpose
of taking any of the species protected by this |
Act, or hunt with gun or
dog, or intentionally or wantonly |
allow a dog to hunt, within 300 yards of an inhabited dwelling |
without
first obtaining permission from the owner or tenant, |
except that while
trapping, hunting with bow and arrow, hunting |
|
with dog and shotgun using shot
shells only, or hunting with |
shotgun using shot shells only, or providing outfitting |
services under a waterfowl outfitter permit, or
on licensed |
game breeding and hunting preserve areas, as defined in Section
|
3.27, on
federally owned and managed lands and on Department |
owned, managed, leased, or
controlled lands, a 100 yard |
restriction shall apply.
|
(v) It is unlawful for any person to remove fur-bearing |
mammals from, or
to move or disturb in any manner, the traps |
owned by another person without
written authorization of the |
owner to do so.
|
(w) It is unlawful for any owner of a dog to knowingly or |
wantonly allow
his or her dog to pursue, harass or kill deer, |
except that nothing in this Section shall prohibit the tracking |
of wounded deer with a dog in accordance with the provisions of |
Section 2.26 of this Code.
|
(x) It is unlawful for any person to wantonly or carelessly |
injure
or destroy, in any manner whatsoever, any real or |
personal property on
the land of another while engaged in |
hunting or trapping thereon.
|
(y) It is unlawful to hunt wild game protected by this Act |
between one
half hour after sunset and one half hour before |
sunrise, except that
hunting hours between one half hour after |
sunset and one half hour
before sunrise may be established by |
administrative rule for fur-bearing
mammals.
|
(z) It is unlawful to take any game bird (excluding wild |
|
turkeys and
crippled pheasants not capable of normal flight and |
otherwise irretrievable)
protected by this Act when not flying. |
Nothing in this Section shall prohibit
a person from carrying |
an uncased, unloaded shotgun in a boat, while in pursuit
of a |
crippled migratory waterfowl that is incapable of normal |
flight, for the
purpose of attempting to reduce the migratory |
waterfowl to possession, provided
that the attempt is made |
immediately upon downing the migratory waterfowl and
is done |
within 400 yards of the blind from which the migratory |
waterfowl was
downed. This exception shall apply only to |
migratory game birds that are not
capable of normal flight. |
Migratory waterfowl that are crippled may be taken
only with a |
shotgun as regulated by subsection (j) of this Section using
|
shotgun shells as regulated in subsection (k) of this Section.
|
(aa) It is unlawful to use or possess any device that may |
be used for
tree climbing or cutting, while hunting fur-bearing |
mammals, excluding coyotes.
|
(bb) It is unlawful for any person, except licensed game |
breeders,
pursuant to Section 2.29 to import, carry into, or |
possess alive in this
State any species of wildlife taken |
outside of this State, without
obtaining permission to do so |
from the Director.
|
(cc) It is unlawful for any person to have in his or her
|
possession any freshly killed species protected by this Act |
during the season
closed for taking.
|
(dd) It is unlawful to take any species protected by this |
|
Act and retain
it alive except as provided by administrative |
rule.
|
(ee) It is unlawful to possess any rifle while in the field |
during gun
deer season except as provided in Section 2.26 and |
administrative rules.
|
(ff) It is unlawful for any person to take any species |
protected by
this Act, except migratory waterfowl, during the |
gun deer hunting season in
those counties open to gun deer |
hunting, unless he or she wears, when in
the field, a cap and |
upper outer garment of a solid blaze orange color, with
such |
articles of clothing displaying a minimum of 400 square inches |
of
blaze orange material.
|
(gg) It is unlawful during the upland game season for any |
person to take
upland game with a firearm unless he or she |
wears, while in the field, a
cap of solid blaze orange color. |
For purposes of this Act, upland game is
defined as Bobwhite |
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
|
Cottontail and Swamp Rabbit.
|
(hh) It shall be unlawful to kill or cripple any species |
protected by
this Act for which there is a bag limit without |
making a reasonable
effort to retrieve such species and include |
such in the bag limit. It shall be unlawful for any person |
having control over harvested game mammals, game birds, or |
migratory game birds for which there is a bag limit to wantonly |
waste or destroy the usable meat of the game, except this shall |
not apply to wildlife taken under Sections 2.37 or 3.22 of this |
|
Code. For purposes of this subsection, "usable meat" means the |
breast meat of a game bird or migratory game bird and the hind |
ham and front shoulders of a game mammal. It shall be unlawful |
for any person to place, leave, dump, or abandon a wildlife |
carcass or parts of it along or upon a public right-of-way or |
highway or on public or private property, including a waterway |
or stream, without the permission of the owner or tenant. It |
shall not be unlawful to discard game meat that is determined |
to be unfit for human consumption.
|
(ii) This Section shall apply only to those species |
protected by this
Act taken within the State. Any species or |
any parts thereof, legally taken
in and transported from other |
states or countries, may be possessed
within the State, except |
as provided in this Section and Sections 2.35, 2.36
and 3.21.
|
(jj) (Blank).
|
(kk) Nothing contained in this Section shall prohibit the |
Director
from issuing permits to paraplegics or to other |
persons with disabilities disabled persons who meet the
|
requirements set forth in administrative rule to shoot or hunt |
from a vehicle
as provided by that rule, provided that such is |
otherwise in accord with this
Act.
|
(ll) Nothing contained in this Act shall prohibit the |
taking of aquatic
life protected by the Fish and Aquatic Life |
Code or birds and mammals
protected by this Act, except deer |
and fur-bearing mammals, from a boat not
camouflaged or |
disguised to alter its identity or to further provide a place
|
|
of concealment and not propelled by sail or mechanical power. |
However, only
shotguns not larger than 10 gauge nor smaller |
than .410 bore loaded with not
more than 3 shells of a shot |
size no larger than lead BB or steel T (.20
diameter) may be |
used to take species protected by this Act.
|
(mm) Nothing contained in this Act shall prohibit the use |
of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
gauge, with a rifled barrel.
|
(nn) It shall be unlawful to possess any species of |
wildlife or wildlife parts taken unlawfully in Illinois, any |
other state, or any other country, whether or not the wildlife |
or wildlife parts is indigenous to Illinois. For the purposes |
of this subsection, the statute of limitations for unlawful |
possession of wildlife or wildlife parts shall not cease until |
2 years after the possession has permanently ended. |
(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; |
98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; |
98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff. |
1-1-15 .)
|
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1) |
Sec. 3.1. License and stamps required. |
(a) Before any person shall take or attempt to take any of |
the species
protected by Section 2.2 for which an open season |
is established under this
Act, he shall first have procured and |
possess a valid hunting license, except as provided in Section |
|
3.1-5 of this Code. |
Before any person 16 years of age or older shall take or
|
attempt to take any bird of the species defined as migratory |
waterfowl by
Section 2.2, including coots, he shall first have |
procured a State
Migratory Waterfowl Stamp. |
Before any person 16 years of age or older takes, attempts |
to take, or
pursues any species of wildlife protected by this |
Code, except migratory
waterfowl, coots, and hand-reared birds |
on licensed game breeding and hunting
preserve areas and state |
controlled pheasant hunting areas, he or she shall
first obtain |
a State Habitat Stamp. Veterans with disabilities Disabled |
veterans and former prisoners of
war shall not be required to |
obtain State Habitat Stamps. Any person who
obtained a lifetime |
license before January 1, 1993, shall not be required to
obtain |
State Habitat Stamps. Income from the sale of State Furbearer |
Stamps and
State Pheasant Stamps received after the effective |
date of this amendatory Act
of 1992 shall be deposited into the |
State Furbearer Fund and State Pheasant
Fund, respectively. |
Before any person 16 years of age or older shall take, |
attempt to
take, or sell the green hide of any mammal of the |
species defined as
fur-bearing mammals by Section 2.2 for which |
an open season is established
under this Act, he shall first |
have procured a State Habitat Stamp. |
(b) Before any person who is a non-resident of the State of |
Illinois
shall take or attempt to take any of the species |
protected by Section
2.2
for which an open season is |
|
established under this Act, he shall,
unless specifically |
exempted by law, first procure a non-resident
license as |
provided by this Act for the taking of any wild game. |
Before a nonresident shall take or attempt to take |
white-tailed deer,
he shall first have procured a Deer Hunting |
Permit as defined in Section
2.26 of this Code. |
Before a nonresident shall take or attempt to take wild |
turkeys, he
shall have procured a Wild Turkey Hunting Permit as |
defined in Section 2.11
of this Code. |
(c) The owners residing on, or bona fide tenants of, farm |
lands and their
children, parents, brothers, and sisters |
actually permanently residing on
their lands shall have the |
right to hunt any of the species protected by
Section 2.2 upon |
their lands and waters without procuring hunting licenses;
but |
the hunting shall be done only during periods of time and with |
devices
and by methods as are permitted by this Act. Any person |
on active duty
with the Armed Forces of the United States who |
is now and who was at the
time of entering the Armed Forces a |
resident of Illinois and who entered
the Armed Forces from this |
State, and who is presently on ordinary or emergency leave
from |
the Armed Forces, and any resident of Illinois who has a |
disability is disabled may hunt
any of the species protected by |
Section 2.2 without procuring a hunting
license, but the |
hunting shall be done only during such periods of time and
with |
devices and by methods as are permitted by this Act. For the |
purpose of
this Section a person is a person with a disability |
|
disabled when that person has a Type 1 or Type 4,
Class 2 |
disability as defined in Section 4A of the Illinois |
Identification Card
Act. For purposes of this Section, an |
Illinois Person with a Disability Identification
Card issued |
pursuant to the Illinois Identification Card Act indicating |
that
the person named has a Type 1 or Type 4, Class 2 |
disability shall be adequate
documentation of the disability. |
(d) A courtesy non-resident license, permit, or stamp for |
taking game
may be issued at the
discretion of the Director, |
without fee, to any person officially employed
in the game and |
fish or conservation department of another state or of the
|
United States who is within the State to assist or consult or |
cooperate
with the Director; or to the officials of other |
states, the United States,
foreign countries, or officers or |
representatives of conservation
organizations or publications |
while in the State as guests of the Governor
or Director. The |
Director may provide to nonresident participants and
official |
gunners at field trials an exemption from licensure while
|
participating in a field trial. |
(e) State Migratory Waterfowl Stamps shall be required for |
those persons
qualifying under subsections (c) and (d) who |
intend to hunt migratory
waterfowl, including coots, to the |
extent that hunting licenses of the
various types are |
authorized and required by this Section for those persons. |
(f) Registration in the U.S. Fish and Wildlife Migratory |
Bird Harvest
Information Program shall be required for those |
|
persons who are required to
have a hunting license before |
taking
or attempting to take any bird of the species defined as |
migratory game birds
by Section 2.2, except that this |
subsection shall not apply to crows in this
State
or |
hand-reared birds on licensed game breeding and hunting |
preserve areas, for
which an open season is established by this |
Act. Persons registering with the
Program must carry proof of |
registration with them while migratory bird
hunting. |
The Department shall publish suitable prescribed |
regulations pertaining to
registration by the migratory bird |
hunter in the U.S. Fish and Wildlife Service
Migratory Bird |
Harvest Information Program. |
(Source: P.A. 96-1226, eff. 1-1-11; 97-1064, eff. 1-1-13.)
|
Section 865. The Illinois Vehicle Code is amended by |
changing Sections 3-609, 3-611, 3-616, 3-623, 3-626, 3-667, |
3-683, 3-806.3, 6-205, 6-206, 11-208, 11-209, 11-501.7, |
11-1301.1, 11-1301.2, 11-1301.3, 11-1301.4, 11-1301.5, |
11-1301.6, 11-1301.7, and 12-401 as follows:
|
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
|
Sec. 3-609. Plates for Veterans with Disabilities Disabled |
Veterans' Plates . |
(a) Any veteran who holds proof of a service-connected |
disability from the United States Department of Veterans |
Affairs, and who has obtained certification from a licensed |
|
physician, physician assistant, or advanced practice nurse |
that the service-connected disability qualifies the veteran |
for issuance of registration plates or decals to a person with |
disabilities in accordance with Section 3-616, may, without the |
payment of any registration fee, make application to the |
Secretary of State for license plates for veterans with |
disabilities disabled veterans license plates displaying the |
international symbol of access, for the registration of one |
motor vehicle of the first division or one motor vehicle of the |
second division weighing not more than 8,000 pounds. |
(b) Any veteran who holds proof of a service-connected |
disability from the United States Department of Veterans |
Affairs, and whose degree of disability has been declared to be |
50% or more, but whose disability does not qualify the veteran |
for a plate or decal for persons with disabilities under |
Section 3-616, may, without the payment of any registration |
fee, make application to the Secretary for a special |
registration plate without the international symbol of access |
for the registration of one motor vehicle of the first division |
or one motor vehicle of the second division weighing not more |
than 8,000 pounds.
|
(c) Renewal of such registration must be accompanied with |
documentation
for eligibility of registration without fee |
unless the applicant has a
permanent qualifying disability, and |
such registration plates may not be
issued to any person not |
eligible therefor. The Illinois Department of Veterans' |
|
Affairs may assist in providing the
documentation of |
disability.
|
(d) The design and color of the plates shall be within the |
discretion of the Secretary, except that the plates issued |
under subsection (b) of this Section shall not contain the |
international symbol of access. The Secretary may, in his or |
her discretion, allow the plates to be issued as vanity or |
personalized plates in accordance with Section 3-405.1 of this |
Code. Registration shall be for a multi-year period and may be |
issued staggered registration. |
(e) Any person eligible to receive license plates under |
this Section who has been approved for benefits under the |
Senior Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief Act, or who has claimed and received a |
grant under that Act, shall pay a fee of $24 instead of the fee |
otherwise provided in this Code for passenger cars displaying |
standard multi-year registration plates issued under Section |
3-414.1, for motor vehicles registered at 8,000 pounds or less |
under Section 3-815(a), or for recreational vehicles |
registered at 8,000 pounds or less under Section 3-815(b), for |
a second set of plates under this Section.
|
(Source: P.A. 97-689, eff. 6-14-12; 97-918, eff. 1-1-13; |
98-463, eff. 8-16-13.)
|
(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
|
Sec. 3-611. Special designations. The Secretary of State, |
|
in his
discretion, may make special designations of certain |
designs or
combinations of designs, or alphabetical letters or |
combination of
letters, or colors or combination of colors |
pertaining to registration
plates issued to vehicles owned by |
governmental agencies, vehicles owned
and registered by State |
and federal elected officials, retired Illinois Supreme
Court |
justices, and appointed federal cabinet officials, vehicles |
operated
by taxi or livery businesses, operated in connection |
with mileage weight
registrations, or operated by a dealer, |
transporter, or manufacturer as
the Secretary of State may deem |
necessary for the proper administration
of this Act. In the |
case of registration plates issued for vehicles
operated by or |
for persons with disabilities, as defined by Section
1-159.1, |
under Section 3-616 of this Act, the Secretary of State, upon
|
request, shall make such special designations so that |
automobiles bearing
such plates are easily recognizable thru |
use of the international
accessibility symbol as automobiles |
driven by or for such persons.
In the case of registration |
plates issued for vehicles operated by a
person with a |
disability disabled person with a type four hearing disability, |
as defined pursuant to
Section 4A of The Illinois |
Identification Card Act, the Secretary of State,
upon request, |
shall make such special designations so that a motor vehicle
|
bearing such plate is easily recognizable by a special symbol |
indicating
that such vehicle is driven by a person with a |
hearing disability.
Registration plates issued to a person who |
|
is deaf or hard of
hearing under this Section shall
not entitle |
a motor vehicle bearing such plates to those parking privileges
|
established for persons with disabilities under this
Code. In |
the case of registration
plates issued for State owned |
vehicles, they shall be manufactured in
compliance with Section |
2 of "An Act relating to identification and use of
motor |
vehicles of the State, approved August 9, 1951, as amended". In |
the
case of plates issued for State officials, such plates may |
be issued for a
2 year period beginning January 1st of each |
odd-numbered year and ending
December 31st of the subsequent |
even-numbered year.
|
(Source: P.A. 87-829; 87-832; 87-1249; 88-685, eff. 1-24-95.)
|
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
|
Sec. 3-616. Disability license plates.
|
(a) Upon receiving an application for a certificate of |
registration for
a motor vehicle of the first division or for a |
motor vehicle of the second
division weighing no more than |
8,000 pounds, accompanied with payment of the
registration fees |
required under this Code from a person with disabilities or
a |
person who is deaf or hard of hearing, the Secretary of State,
|
if so requested, shall issue to such person registration plates |
as provided for
in Section 3-611, provided that the person with |
disabilities or person who is
deaf or hard of hearing must not |
be disqualified from obtaining a driver's
license under |
subsection 8 of Section 6-103 of this Code, and further |
|
provided
that any person making such a request must submit a |
statement, certified by
a
licensed physician, by a physician |
assistant who has been delegated the
authority to make this |
certification by his or her supervising physician, or by
an |
advanced practice nurse who has a written collaborative |
agreement with a
collaborating physician that authorizes the |
advanced practice nurse to make
this certification, to
the |
effect that such person is a person with disabilities
as |
defined by Section 1-159.1 of this Code, or alternatively |
provide adequate
documentation that such person has a Class 1A, |
Class 2A or Type Four
disability under the provisions of |
Section 4A of the Illinois Identification
Card Act. For |
purposes of this Section, an Illinois Person
with a Disability |
Identification Card issued pursuant to the Illinois |
Identification Card Act
indicating that the person thereon |
named has a disability shall be adequate
documentation of such |
a disability.
|
(b) The Secretary shall issue plates under this Section to |
a parent or
legal guardian of a person with disabilities if the |
person with disabilities
has a Class 1A or Class 2A disability |
as defined in Section 4A of the Illinois
Identification Card |
Act or is a person with disabilities as defined by Section
|
1-159.1 of this Code, and does not possess a vehicle registered |
in his or her
name, provided that the person with disabilities |
relies frequently on the
parent or legal guardian for |
transportation. Only one vehicle per family
may be registered |
|
under this subsection, unless the applicant can justify in
|
writing the need for one additional set of plates. Any person |
requesting
special plates under this subsection shall submit |
such documentation or such
physician's, physician assistant's, |
or advanced practice nurse's
statement as is required in |
subsection
(a) and a statement
describing the circumstances |
qualifying for issuance of special plates under
this |
subsection. An optometrist may certify a Class 2A Visual |
Disability, as defined in Section 4A of the Illinois |
Identification Card Act, for the purpose of qualifying a person |
with disabilities for special plates under this subsection.
|
(c) The Secretary may issue a
parking decal or
device to a |
person with disabilities as defined by Section 1-159.1 without
|
regard to qualification of such person with disabilities for a |
driver's license
or registration of a vehicle by such person |
with disabilities or such person's
immediate family, provided |
such person with disabilities making such a request
has been |
issued an Illinois Person with a Disability Identification Card |
indicating that the
person named thereon has a Class 1A or |
Class 2A disability, or alternatively,
submits a statement |
certified by a licensed physician, or by a physician
assistant |
or an advanced practice nurse as provided in subsection (a), to
|
the effect that such
person is a person with disabilities as |
defined by Section 1-159.1. An optometrist may certify a Class |
2A Visual Disability as defined in Section 4A of the Illinois |
Identification Card Act for the purpose of qualifying a person |
|
with disabilities for a parking decal or device under this |
subsection.
|
(d) The Secretary shall prescribe by rules and regulations |
procedures
to certify or re-certify as necessary the |
eligibility of persons whose
disabilities are other than |
permanent for special plates or
parking decals or devices |
issued under subsections (a), (b)
and (c). Except as provided |
under subsection (f) of this Section, no
such special plates, |
decals or devices shall be issued by the Secretary of
State to |
or on behalf of any person with disabilities unless such person |
is
certified as meeting the definition of a person with |
disabilities pursuant to
Section 1-159.1 or meeting the |
requirement of a Type Four disability as
provided under Section |
4A of the Illinois Identification Card Act for the
period of |
time that the physician, or the physician assistant or advanced
|
practice nurse as provided in
subsection (a), determines the |
applicant will have the
disability, but not to exceed 6 months |
from the date of certification or
recertification.
|
(e) Any person requesting special plates under this Section |
may also apply
to have the special plates personalized, as |
provided under Section 3-405.1.
|
(f) The Secretary of State, upon application, shall issue |
disability registration plates or a parking decal to
|
corporations, school districts, State or municipal agencies, |
limited liability
companies, nursing homes, convalescent |
homes, or special education cooperatives
which will transport |
|
persons with disabilities. The Secretary shall prescribe
by |
rule a means to certify or re-certify the eligibility of |
organizations to
receive disability plates or decals and to |
designate which of the
2 person with disabilities emblems shall |
be placed on qualifying
vehicles.
|
(g) The Secretary of State, or his designee, may enter into
|
agreements with other jurisdictions, including foreign |
jurisdictions, on
behalf of this State relating to the |
extension of parking privileges by
such jurisdictions to |
permanently disabled residents of this State with disabilities |
who
display a special license plate or parking device that |
contains the
International symbol of access on his or her motor |
vehicle, and to
recognize such plates or devices issued by such |
other jurisdictions. This
State shall grant the same parking |
privileges which are granted to disabled
residents of this |
State with disabilities to any non-resident whose motor vehicle |
is licensed
in another state, district, territory or foreign |
country if such vehicle
displays the international symbol of |
access or a distinguishing insignia on
license plates or |
parking device issued in accordance with the laws of the
|
non-resident's state, district, territory or foreign country.
|
(Source: P.A. 97-1064, eff. 1-1-13.)
|
(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
|
Sec. 3-623. Purple Heart Plates. |
(a) The Secretary, upon receipt of an
application made in |
|
the form prescribed by the Secretary of State, may
issue to |
recipients awarded the Purple Heart by a branch of the armed
|
forces of the United States who reside in Illinois,
special
|
registration plates. The Secretary, upon receipt of the proper |
application, may also issue these special registration plates |
to an Illinois resident who is the surviving spouse of a person |
who was awarded the Purple Heart by a branch of the armed |
forces of the United States. The special plates issued pursuant |
to this Section
should be affixed only to passenger vehicles of |
the 1st division, including
motorcycles, or motor
vehicles of |
the 2nd division weighing not more than 8,000 pounds. The |
Secretary may, in his or her discretion, allow the plates to be |
issued as vanity or personalized plates in accordance with |
Section 3-405.1 of this Code.
The Secretary of State must make |
a version of the special registration plates authorized under |
this Section in a form appropriate for motorcycles.
|
(b) The design and color of such plates shall be wholly |
within the discretion
of the Secretary of State. Appropriate |
documentation, as determined by the
Secretary, and the |
appropriate registration fee shall
accompany the application, |
except: |
(1) a person eligible to be issued Purple Heart plates |
may display the plates on one vehicle without the payment |
of any registration or registration renewal fee; and |
(2) for an individual who has been issued Purple Heart |
plates for an additional
vehicle and who has been approved |
|
for benefits under the Senior Citizens and
Persons with |
Disabilities Disabled Persons Property Tax Relief Act, the |
annual fee for
the registration of the vehicle shall be as |
provided in Section 3-806.3 of
this Code.
|
(Source: P.A. 97-689, eff. 6-14-12; 98-902, eff. 1-1-15 .)
|
(625 ILCS 5/3-626)
|
Sec. 3-626. Korean War Veteran license plates.
|
(a) In addition to any other special license plate, the |
Secretary, upon
receipt of all applicable fees and applications |
made in the form prescribed by
the Secretary of State, may |
issue special registration plates designated as
Korean War |
Veteran license plates to
residents of Illinois who |
participated in the United States Armed Forces during
the |
Korean War. The special plate issued under this Section shall |
be affixed
only to passenger vehicles of the first division, |
motorcycles,
motor vehicles of the second
division weighing not |
more than 8,000 pounds, and recreational vehicles as
defined by |
Section 1-169 of this Code. Plates issued under this Section |
shall
expire according to the staggered multi-year procedure |
established by Section
3-414.1 of this Code.
|
(b) The design, color, and format of the plates shall be |
wholly
within the discretion of the Secretary of State. The |
Secretary may, in his or
her discretion, allow the plates to be |
issued as vanity plates or personalized
in accordance with |
Section 3-405.1 of this Code. The plates are not required
to |
|
designate "Land Of Lincoln", as prescribed in subsection (b) of |
Section
3-412 of this Code. The Secretary shall prescribe the |
eligibility requirements
and, in his or her discretion, shall |
approve and prescribe stickers or decals
as provided under |
Section 3-412.
|
(c) (Blank).
|
(d) The Korean War Memorial Construction Fund is created as |
a special fund
in the State treasury. All moneys in the Korean |
War Memorial Construction Fund
shall, subject to |
appropriation, be used by the Department of Veteran Affairs
to |
provide grants for construction of the Korean War Memorial to |
be located at
Oak Ridge Cemetery in Springfield, Illinois. Upon |
the completion of the
Memorial, the Department of Veteran |
Affairs shall certify to the State
Treasurer that the |
construction of the Memorial has been completed. Upon the
|
certification by the Department of Veteran Affairs, the State |
Treasurer shall
transfer all moneys in the Fund and any future |
deposits into the Fund into the
Secretary of State Special |
License Plate
Fund.
|
(e) An individual who has been issued Korean War Veteran |
license plates
for a vehicle
and who has been approved for |
benefits under the Senior Citizens and Persons with |
Disabilities Disabled
Persons Property Tax Relief Act shall pay
|
the original issuance and the regular annual fee for the |
registration of the
vehicle as provided in Section 3-806.3 of |
this Code in addition to the fees
specified in subsection (c) |
|
of this Section.
|
(Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
|
(625 ILCS 5/3-667)
|
Sec. 3-667. Korean Service license plates. |
(a) In addition to any other special license plate, the |
Secretary, upon
receipt of all applicable fees and applications |
made in the form prescribed by
the Secretary of State, may |
issue special registration plates designated as
Korean Service |
license plates to
residents of Illinois who, on or after July |
27, 1954, participated in the United States Armed Forces in |
Korea. The special plate issued under this Section shall be |
affixed
only to passenger vehicles of the first division, |
motorcycles,
motor vehicles of the second
division weighing not |
more than 8,000 pounds, and recreational vehicles as
defined by |
Section 1-169 of this Code. Plates issued under this Section |
shall
expire according to the staggered multi-year procedure |
established by Section
3-414.1 of this Code. |
(b) The design, color, and format of the plates shall be |
wholly
within the discretion of the Secretary of State. The |
Secretary may, in his or
her discretion, allow the plates to be |
issued as vanity or personalized
plates in accordance with |
Section 3-405.1 of this Code. The plates are not required
to |
designate "Land of
Lincoln", as prescribed in subsection (b) of |
Section
3-412 of this Code. The Secretary shall prescribe the |
eligibility requirements
and, in his or her discretion, shall |
|
approve and prescribe stickers or decals
as provided under |
Section 3-412.
|
(c) An applicant shall be charged a $2 fee for original |
issuance
in addition to the applicable registration fee. This |
additional fee shall be deposited into the Korean War Memorial |
Construction Fund a special fund in the State treasury.
|
(d) An individual who has been issued Korean Service |
license plates
for a vehicle
and who has been approved for |
benefits under the Senior Citizens and Persons with |
Disabilities Disabled
Persons Property Tax Relief Act shall pay
|
the original issuance and the regular annual fee for the |
registration of the
vehicle as provided in Section 3-806.3 of |
this Code in addition to the fees
specified in subsection (c) |
of this Section.
|
(Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
|
(625 ILCS 5/3-683)
|
Sec. 3-683. Distinguished Service Cross license plates. |
The Secretary, upon receipt of an
application made in the form |
prescribed by the Secretary of State, shall
issue special
|
registration plates to any Illinois resident who has been |
awarded the Distinguished Service Cross by a branch of the |
armed
forces of the United States. The Secretary, upon receipt |
of the proper application, shall also issue these special |
registration plates to an Illinois resident who is the |
surviving spouse of a person who was awarded the Distinguished |
|
Service Cross by a branch of the armed forces of the United |
States. The special plates issued under this Section
should be |
affixed only to passenger vehicles of the first division, |
including
motorcycles, or motor
vehicles of the second division |
weighing not more than 8,000 pounds. |
The design and color of the plates shall be wholly within |
the discretion
of the Secretary of State. Appropriate |
documentation, as determined by the
Secretary, and the |
appropriate registration fee shall
accompany the application.
|
However, for an individual who has been issued Distinguished |
Service Cross plates for a
vehicle and who has been approved |
for benefits under the Senior Citizens and
Persons with |
Disabilities Disabled Persons Property Tax Relief Act, the |
annual fee for
the registration of the vehicle shall be as |
provided in Section 3-806.3 of
this Code.
|
(Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
|
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
|
Sec. 3-806.3. Senior Citizens.
Commencing with the 2009 |
registration year, the registration fee paid by
any vehicle |
owner who has been approved for benefits under the Senior
|
Citizens and Persons with Disabilities Disabled Persons |
Property Tax Relief
Act or who is the spouse of such a person |
shall be $24 instead of the fee
otherwise provided in this Code |
for passenger cars displaying standard
multi-year registration |
plates issued under Section 3-414.1, motor vehicles
displaying |
|
special registration plates issued under Section 3-609, 3-616, |
3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, |
3-645, 3-647, 3-650,
3-651, or 3-663, motor vehicles registered |
at 8,000 pounds or less under Section
3-815(a), and |
recreational vehicles registered at 8,000 pounds or less under
|
Section 3-815(b). Widows and widowers of claimants shall also |
be entitled to
this reduced registration fee for the |
registration year in which the claimant
was eligible.
|
Commencing with the 2009 registration year, the |
registration fee paid by
any vehicle owner who has claimed and |
received a grant under the Senior
Citizens and Persons with |
Disabilities Disabled Persons Property Tax Relief
Act or who is |
the spouse of such a person shall be $24 instead of the fee
|
otherwise provided in this Code for passenger cars displaying |
standard
multi-year registration plates issued under Section |
3-414.1, motor vehicles
displaying special registration plates |
issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, |
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, |
3-651, 3-663, or 3-664, motor vehicles registered at 8,000 |
pounds or less under Section
3-815(a), and recreational |
vehicles registered at 8,000 pounds or less under
Section |
3-815(b). Widows and widowers of claimants shall also be |
entitled to
this reduced registration fee for the registration |
year in which the claimant
was eligible.
|
No more than one reduced registration fee under this |
Section shall be
allowed during any 12 month period based on |
|
the primary eligibility of any
individual, whether such reduced |
registration fee is allowed to the
individual or to the spouse, |
widow or widower of such individual. This
Section does not |
apply to the fee paid in addition to the registration fee
for |
motor vehicles displaying vanity or special license
plates.
|
(Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
|
(625 ILCS 5/6-205)
|
Sec. 6-205. Mandatory revocation of license or permit; |
Hardship cases.
|
(a) Except as provided in this Section, the Secretary of |
State shall
immediately revoke the license, permit, or driving |
privileges of
any driver upon receiving a
report of the |
driver's conviction of any of the following offenses:
|
1. Reckless homicide resulting from the operation of a |
motor vehicle;
|
2. Violation of Section 11-501 of this Code or a |
similar provision of
a local ordinance relating to the |
offense of operating or being in physical
control of a |
vehicle while under the influence of alcohol, other drug or
|
drugs, intoxicating compound or compounds, or any |
combination thereof;
|
3. Any felony under the laws of any State or the |
federal government
in the commission of which a motor |
vehicle was used;
|
4. Violation of Section 11-401 of this Code relating to |
|
the offense of
leaving the scene of a traffic accident |
involving death or personal injury;
|
5. Perjury or the making of a false affidavit or |
statement under
oath to the Secretary of State under this |
Code or under any
other law relating to the ownership or |
operation of motor vehicles;
|
6. Conviction upon 3 charges of violation of Section |
11-503 of this
Code relating to the offense of reckless |
driving committed within a
period of 12 months;
|
7. Conviction of any offense
defined in
Section 4-102 |
of this Code;
|
8. Violation of Section 11-504 of this Code relating to |
the offense
of drag racing;
|
9. Violation of Chapters 8 and 9 of this Code;
|
10. Violation of Section 12-5 of the Criminal Code of |
1961 or the Criminal Code of 2012 arising from
the use of a |
motor vehicle;
|
11. Violation of Section 11-204.1 of this Code relating |
to aggravated
fleeing or attempting to elude a peace |
officer;
|
12. Violation of paragraph (1) of subsection (b) of |
Section 6-507,
or a similar law of any other state, |
relating to the
unlawful operation of a commercial motor |
vehicle;
|
13. Violation of paragraph (a) of Section 11-502 of |
this Code or a
similar provision of a local ordinance if |
|
the driver has been previously
convicted of a violation of |
that Section or a similar provision of a local
ordinance |
and the driver was less than 21 years of age at the time of |
the
offense;
|
14. Violation of paragraph (a) of Section 11-506 of |
this Code or a similar provision of a local ordinance |
relating to the offense of street racing;
|
15. A second or subsequent conviction of driving while |
the person's driver's license, permit or privileges was |
revoked for reckless homicide or a similar out-of-state |
offense; |
16. Any offense against any provision in this Code, or |
any local ordinance, regulating the
movement of traffic |
when that offense was the proximate cause of the death of |
any person. Any person whose driving privileges have been |
revoked pursuant to this paragraph may seek to have the |
revocation terminated or to have the length of revocation |
reduced by requesting an administrative hearing with the |
Secretary of State prior to the projected driver's license |
application eligibility date; |
17. Violation of subsection (a-2) of Section 11-1301.3 |
of this Code or a similar provision of a local ordinance; |
18. A second or subsequent conviction of illegal |
possession, while operating or in actual physical control, |
as a driver, of a motor vehicle, of any controlled |
substance prohibited under the Illinois Controlled |
|
Substances Act, any cannabis prohibited under the Cannabis |
Control Act, or any methamphetamine prohibited under the |
Methamphetamine Control and Community Protection Act. A |
defendant found guilty of this offense while operating a |
motor vehicle
shall have an entry made in the court record |
by the presiding judge that
this offense did occur while |
the defendant was operating a motor vehicle
and order the |
clerk of the court to report the violation to the Secretary
|
of State. |
(b) The Secretary of State shall also immediately revoke |
the license
or permit of any driver in the following |
situations:
|
1. Of any minor upon receiving the notice provided for |
in Section
5-901 of the Juvenile Court Act of 1987 that the |
minor has been
adjudicated under that Act as having |
committed an offense relating to
motor vehicles prescribed |
in Section 4-103 of this Code;
|
2. Of any person when any other law of this State |
requires either the
revocation or suspension of a license |
or permit;
|
3. Of any person adjudicated under the Juvenile Court |
Act of 1987 based on an offense determined to have been |
committed in furtherance of the criminal activities of an |
organized gang as provided in Section 5-710 of that Act, |
and that involved the operation or use of a motor vehicle |
or the use of a driver's license or permit. The revocation |
|
shall remain in effect for the period determined by the |
court. Upon the direction of the court, the Secretary shall |
issue the person a judicial driving permit, also known as a |
JDP. The JDP shall be subject to the same terms as a JDP |
issued under Section 6-206.1, except that the court may |
direct that a JDP issued under this subdivision (b)(3) be |
effective immediately.
|
(c)(1) Whenever a person is convicted of any of the |
offenses enumerated in
this Section, the court may recommend |
and the Secretary of State in his
discretion, without regard to |
whether the recommendation is made by the
court may, upon |
application,
issue to the person a
restricted driving permit |
granting the privilege of driving a motor
vehicle between the |
petitioner's residence and petitioner's place
of employment or |
within the scope of the petitioner's employment related
duties, |
or to allow the petitioner to transport himself or herself or a |
family member
of the petitioner's household to a medical |
facility for the receipt of necessary medical care or to allow |
the
petitioner to transport himself or herself to and from |
alcohol or drug remedial or rehabilitative activity |
recommended by a licensed service provider, or to allow the
|
petitioner to transport himself or herself or a family member |
of the petitioner's household to classes, as a student, at an |
accredited educational
institution, or to allow the petitioner |
to transport children, elderly persons, or persons with |
disabilities disabled persons who do not hold driving |
|
privileges and are living in the petitioner's household to and |
from daycare; if the petitioner is able to demonstrate that no |
alternative means
of transportation is reasonably available |
and that the petitioner will not endanger
the public safety or |
welfare; provided that the Secretary's discretion shall be
|
limited to cases where undue hardship, as defined by the rules |
of the Secretary of State, would result from a failure to issue |
the
restricted driving permit. Those multiple offenders |
identified in subdivision (b)4 of Section 6-208 of this Code, |
however, shall not be eligible for the issuance of a restricted |
driving permit.
|
(2) If a person's license or permit is revoked or |
suspended due to 2 or
more convictions of violating Section |
11-501 of this Code or a similar
provision of a local |
ordinance or a similar out-of-state offense, or Section 9-3 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
where the use of alcohol or other drugs is recited as an |
element of the offense, or a similar out-of-state offense, |
or a combination of these offenses, arising out
of separate |
occurrences, that person, if issued a restricted driving |
permit,
may not operate a vehicle unless it has been |
equipped with an ignition
interlock device as defined in |
Section 1-129.1.
|
(3) If:
|
(A) a person's license or permit is revoked or |
suspended 2 or more
times within a 10 year period due |
|
to any combination of: |
(i)
a single conviction of violating Section
|
11-501 of this Code or a similar provision of a |
local ordinance or a similar
out-of-state offense, |
or Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012, where the use of alcohol or |
other drugs is recited as an element of the |
offense, or a similar out-of-state offense; or |
(ii)
a statutory summary suspension or |
revocation under Section
11-501.1; or |
(iii)
a suspension pursuant to Section |
6-203.1;
|
arising out of
separate occurrences; or |
(B)
a person has been convicted of one violation of |
Section 6-303 of this Code committed while his or her |
driver's license, permit, or privilege was revoked |
because of a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to |
the offense of reckless homicide where the use of |
alcohol or other drugs was recited as an element of the |
offense, or a similar provision of a law of another |
state;
|
that person, if issued a restricted
driving permit, may not |
operate a vehicle unless it has been equipped with an
|
ignition interlock device as defined in Section 1-129.1. |
(4)
The person issued a permit conditioned on the use |
|
of an ignition interlock device must pay to the Secretary |
of State DUI Administration Fund an amount
not to exceed |
$30 per month. The Secretary shall establish by rule the |
amount
and the procedures, terms, and conditions relating |
to these fees. |
(5)
If the restricted driving permit is issued for |
employment purposes, then
the prohibition against |
operating a motor vehicle that is not equipped with an |
ignition interlock device does not apply to the operation |
of an occupational vehicle
owned or leased by that person's |
employer when used solely for employment purposes. |
(6)
In each case the Secretary of State may issue a
|
restricted driving permit for a period he deems |
appropriate, except that the
permit shall expire within one |
year from the date of issuance. The Secretary
may not, |
however, issue a restricted driving permit to any person |
whose current
revocation is the result of a second or |
subsequent conviction for a violation
of Section 11-501 of |
this Code or a similar provision of a local ordinance
or |
any similar out-of-state offense, or Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, where |
the use of alcohol or other drugs is recited as an element |
of the offense, or any similar out-of-state offense, or any |
combination of these offenses, until the expiration of at |
least one year from the date of the
revocation. A |
restricted
driving permit issued under this Section shall |
|
be
subject to cancellation, revocation, and suspension by |
the Secretary of
State in like manner and for like cause as |
a driver's license issued
under this Code may be cancelled, |
revoked, or
suspended; except that a conviction upon one or |
more offenses against laws or
ordinances regulating the |
movement of traffic shall be deemed sufficient cause
for |
the revocation, suspension, or cancellation of a |
restricted driving permit.
The Secretary of State may, as a |
condition to the issuance of a restricted
driving permit, |
require the petitioner to participate in a designated |
driver
remedial or rehabilitative program. The Secretary |
of State is authorized to
cancel a restricted driving |
permit if the permit holder does not successfully
complete |
the program. However, if an individual's driving |
privileges have been
revoked in accordance with paragraph |
13 of subsection (a) of this Section, no
restricted driving |
permit shall be issued until the individual has served 6
|
months of the revocation period.
|
(c-5) (Blank).
|
(c-6) If a person is convicted of a second violation of |
operating a motor vehicle while the person's driver's license, |
permit or privilege was revoked, where the revocation was for a |
violation of Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the person's |
driving privileges shall be revoked pursuant to subdivision |
|
(a)(15) of this Section. The person may not make application |
for a license or permit until the expiration of five years from |
the effective date of the revocation or the expiration of five |
years from the date of release from a term of imprisonment, |
whichever is later. |
(c-7) If a person is convicted of a third or subsequent |
violation of operating a motor vehicle while the person's |
driver's license, permit or privilege was revoked, where the |
revocation was for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide or a similar out-of-state offense, |
the person may never apply for a license or permit. |
(d)(1) Whenever a person under the age of 21 is convicted |
under Section
11-501 of this Code or a similar provision of a |
local ordinance or a similar out-of-state offense, the
|
Secretary of State shall revoke the driving privileges of that |
person. One
year after the date of revocation, and upon |
application, the Secretary of
State may, if satisfied that the |
person applying will not endanger the
public safety or welfare, |
issue a restricted driving permit granting the
privilege of |
driving a motor vehicle only between the hours of 5 a.m. and 9
|
p.m. or as otherwise provided by this Section for a period of |
one year.
After this one year period, and upon reapplication |
for a license as
provided in Section 6-106, upon payment of the |
appropriate reinstatement
fee provided under paragraph (b) of |
Section 6-118, the Secretary of State,
in his discretion, may
|
|
reinstate the petitioner's driver's license and driving |
privileges, or extend the restricted driving permit as many |
times as the
Secretary of State deems appropriate, by |
additional periods of not more than
12 months each.
|
(2) If a person's license or permit is revoked or |
suspended due to 2 or
more convictions of violating Section |
11-501 of this Code or a similar
provision of a local |
ordinance or a similar out-of-state offense, or Section 9-3 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
where the use of alcohol or other drugs is recited as an |
element of the offense, or a similar out-of-state offense, |
or a combination of these offenses, arising out
of separate |
occurrences, that person, if issued a restricted driving |
permit,
may not operate a vehicle unless it has been |
equipped with an ignition
interlock device as defined in |
Section 1-129.1.
|
(3) If a person's license or permit is revoked or |
suspended 2 or more times
within a 10 year period due to |
any combination of: |
(A) a single conviction of violating Section |
11-501
of this
Code or a similar provision of a local |
ordinance or a similar out-of-state
offense, or |
Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012, where the use of alcohol or |
other drugs is recited as an element of the offense, or |
a similar out-of-state offense; or |
|
(B)
a statutory summary suspension or revocation |
under Section 11-501.1; or |
(C) a suspension pursuant to Section 6-203.1; |
arising out of separate occurrences, that person, if issued |
a
restricted
driving permit, may not operate a vehicle |
unless it has been equipped with an
ignition interlock |
device as defined in Section 1-129.1. |
(4)
The person issued a permit conditioned upon the use |
of an interlock device must pay to the Secretary of State |
DUI Administration Fund an amount
not to exceed $30 per |
month. The Secretary shall establish by rule the amount
and |
the procedures, terms, and conditions relating to these |
fees. |
(5)
If the restricted driving permit is issued for |
employment purposes, then
the prohibition against driving |
a vehicle that is not equipped with an ignition interlock |
device does not apply to the operation of an occupational |
vehicle
owned or leased by that person's employer when used |
solely for employment purposes. |
(6) A
restricted driving permit issued under this |
Section shall be subject to
cancellation, revocation, and |
suspension by the Secretary of State in like
manner and for |
like cause as a driver's license issued under this Code may |
be
cancelled, revoked, or suspended; except that a |
conviction upon one or more
offenses against laws or |
ordinances regulating the movement of traffic
shall be |
|
deemed sufficient cause for the revocation, suspension, or
|
cancellation of a restricted driving permit.
|
(d-5) The revocation of the license, permit, or driving |
privileges of a person convicted of a third or subsequent |
violation of Section 6-303 of this Code committed while his or |
her driver's license, permit, or privilege was revoked because |
of a violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of reckless |
homicide, or a similar provision of a law of another state, is |
permanent. The Secretary may not, at any time, issue a license |
or permit to that person.
|
(e) This Section is subject to the provisions of the Driver |
License
Compact.
|
(f) Any revocation imposed upon any person under |
subsections 2
and 3 of paragraph (b) that is in effect on |
December 31, 1988 shall be
converted to a suspension for a like |
period of time.
|
(g) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been revoked
under any provisions of |
this Code.
|
(h) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by a person |
who has been convicted of a
second or subsequent offense under |
Section 11-501 of this Code or a similar
provision of a local |
ordinance. The person must pay to the Secretary of State DUI |
|
Administration Fund an amount not to exceed $30 for each month |
that he or she uses the device. The Secretary shall establish |
by rule and
regulation the procedures for certification and use |
of the interlock
system, the amount of the fee, and the |
procedures, terms, and conditions relating to these fees.
|
(i) (Blank).
|
(j) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been revoked, suspended, |
cancelled, or disqualified under any provisions of this Code.
|
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. |
1-1-13; 97-1150, eff. 1-25-13.)
|
(625 ILCS 5/6-206)
|
Sec. 6-206. Discretionary authority to suspend or revoke |
license or
permit; Right to a hearing.
|
(a) The Secretary of State is authorized to suspend or |
revoke the
driving privileges of any person without preliminary |
hearing upon a showing
of the person's records or other |
sufficient evidence that
the person:
|
1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required upon |
conviction;
|
|
2. Has been convicted of not less than 3 offenses |
against traffic
regulations governing the movement of |
vehicles committed within any 12
month period. No |
revocation or suspension shall be entered more than
6 |
months after the date of last conviction;
|
3. Has been repeatedly involved as a driver in motor |
vehicle
collisions or has been repeatedly convicted of |
offenses against laws and
ordinances regulating the |
movement of traffic, to a degree that
indicates lack of |
ability to exercise ordinary and reasonable care in
the |
safe operation of a motor vehicle or disrespect for the |
traffic laws
and the safety of other persons upon the |
highway;
|
4. Has by the unlawful operation of a motor vehicle |
caused or
contributed to an accident resulting in injury |
requiring
immediate professional treatment in a medical |
facility or doctor's office
to any person, except that any |
suspension or revocation imposed by the
Secretary of State |
under the provisions of this subsection shall start no
|
later than 6 months after being convicted of violating a |
law or
ordinance regulating the movement of traffic, which |
violation is related
to the accident, or shall start not |
more than one year
after
the date of the accident, |
whichever date occurs later;
|
5. Has permitted an unlawful or fraudulent use of a |
driver's
license, identification card, or permit;
|
|
6. Has been lawfully convicted of an offense or |
offenses in another
state, including the authorization |
contained in Section 6-203.1, which
if committed within |
this State would be grounds for suspension or revocation;
|
7. Has refused or failed to submit to an examination |
provided for by
Section 6-207 or has failed to pass the |
examination;
|
8. Is ineligible for a driver's license or permit under |
the provisions
of Section 6-103;
|
9. Has made a false statement or knowingly concealed a |
material fact
or has used false information or |
identification in any application for a
license, |
identification card, or permit;
|
10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or |
permit not issued to the person;
|
11. Has operated a motor vehicle upon a highway of this |
State when
the person's driving privilege or privilege to |
obtain a driver's license
or permit was revoked or |
suspended unless the operation was authorized by
a |
monitoring device driving permit, judicial driving permit |
issued prior to January 1, 2009, probationary license to |
drive, or a restricted
driving permit issued under this |
Code;
|
12. Has submitted to any portion of the application |
process for
another person or has obtained the services of |
|
another person to submit to
any portion of the application |
process for the purpose of obtaining a
license, |
identification card, or permit for some other person;
|
13. Has operated a motor vehicle upon a highway of this |
State when
the person's driver's license or permit was |
invalid under the provisions of
Sections 6-107.1 and
6-110;
|
14. Has committed a violation of Section 6-301, |
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
of the Illinois Identification Card
Act;
|
15. Has been convicted of violating Section 21-2 of the |
Criminal Code
of 1961 or the Criminal Code of 2012 relating |
to criminal trespass to vehicles in which case, the |
suspension
shall be for one year;
|
16. Has been convicted of violating Section 11-204 of |
this Code relating
to fleeing from a peace officer;
|
17. Has refused to submit to a test, or tests, as |
required under Section
11-501.1 of this Code and the person |
has not sought a hearing as
provided for in Section |
11-501.1;
|
18. Has, since issuance of a driver's license or |
permit, been adjudged
to be afflicted with or suffering |
from any mental disability or disease;
|
19. Has committed a violation of paragraph (a) or (b) |
of Section 6-101
relating to driving without a driver's |
license;
|
20. Has been convicted of violating Section 6-104 |
|
relating to
classification of driver's license;
|
21. Has been convicted of violating Section 11-402 of
|
this Code relating to leaving the scene of an accident |
resulting in damage
to a vehicle in excess of $1,000, in |
which case the suspension shall be
for one year;
|
22. Has used a motor vehicle in violating paragraph |
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
the Criminal Code of 1961 or the Criminal Code of 2012 |
relating
to unlawful use of weapons, in which case the |
suspension shall be for one
year;
|
23. Has, as a driver, been convicted of committing a |
violation of
paragraph (a) of Section 11-502 of this Code |
for a second or subsequent
time within one year of a |
similar violation;
|
24. Has been convicted by a court-martial or punished |
by non-judicial
punishment by military authorities of the |
United States at a military
installation in Illinois or in |
another state of or for a traffic related offense that is |
the
same as or similar to an offense specified under |
Section 6-205 or 6-206 of
this Code;
|
25. Has permitted any form of identification to be used |
by another in
the application process in order to obtain or |
attempt to obtain a license,
identification card, or |
permit;
|
26. Has altered or attempted to alter a license or has |
possessed an
altered license, identification card, or |
|
permit;
|
27. Has violated Section 6-16 of the Liquor Control Act |
of 1934;
|
28. Has been convicted for a first time of the illegal |
possession, while operating or
in actual physical control, |
as a driver, of a motor vehicle, of any
controlled |
substance prohibited under the Illinois Controlled |
Substances
Act, any cannabis prohibited under the Cannabis |
Control
Act, or any methamphetamine prohibited under the |
Methamphetamine Control and Community Protection Act, in |
which case the person's driving privileges shall be |
suspended for
one year.
Any defendant found guilty of this |
offense while operating a motor vehicle,
shall have an |
entry made in the court record by the presiding judge that
|
this offense did occur while the defendant was operating a |
motor vehicle
and order the clerk of the court to report |
the violation to the Secretary
of State;
|
29. Has been convicted of the following offenses that |
were committed
while the person was operating or in actual |
physical control, as a driver,
of a motor vehicle: criminal |
sexual assault,
predatory criminal sexual assault of a |
child,
aggravated criminal sexual
assault, criminal sexual |
abuse, aggravated criminal sexual abuse, juvenile
pimping, |
soliciting for a juvenile prostitute, promoting juvenile |
prostitution as described in subdivision (a)(1), (a)(2), |
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 |
|
or the Criminal Code of 2012, and the manufacture, sale or
|
delivery of controlled substances or instruments used for |
illegal drug use
or abuse in which case the driver's |
driving privileges shall be suspended
for one year;
|
30. Has been convicted a second or subsequent time for |
any
combination of the offenses named in paragraph 29 of |
this subsection,
in which case the person's driving |
privileges shall be suspended for 5
years;
|
31. Has refused to submit to a test as
required by |
Section 11-501.6 of this Code or Section 5-16c of the Boat |
Registration and Safety Act or has submitted to a test |
resulting in
an alcohol concentration of 0.08 or more or |
any amount of a drug, substance, or
compound resulting from |
the unlawful use or consumption of cannabis as listed
in |
the Cannabis Control Act, a controlled substance as listed |
in the Illinois
Controlled Substances Act, an intoxicating |
compound as listed in the Use of
Intoxicating Compounds |
Act, or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act, in which case the |
penalty shall be
as prescribed in Section 6-208.1;
|
32. Has been convicted of Section 24-1.2 of the |
Criminal Code of
1961 or the Criminal Code of 2012 relating |
to the aggravated discharge of a firearm if the offender |
was
located in a motor vehicle at the time the firearm was |
discharged, in which
case the suspension shall be for 3 |
years;
|
|
33. Has as a driver, who was less than 21 years of age |
on the date of
the offense, been convicted a first time of |
a violation of paragraph (a) of
Section 11-502 of this Code |
or a similar provision of a local ordinance;
|
34. Has committed a violation of Section 11-1301.5 of |
this Code or a similar provision of a local ordinance;
|
35. Has committed a violation of Section 11-1301.6 of |
this Code or a similar provision of a local ordinance;
|
36. Is under the age of 21 years at the time of arrest |
and has been
convicted of not less than 2 offenses against |
traffic regulations governing
the movement of vehicles |
committed within any 24 month period. No revocation
or |
suspension shall be entered more than 6 months after the |
date of last
conviction;
|
37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code that resulted in damage to the |
property of another or the death or injury of another;
|
38. Has been convicted of a violation of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance;
|
39. Has committed a second or subsequent violation of |
Section
11-1201 of this Code;
|
40. Has committed a violation of subsection (a-1) of |
Section 11-908 of
this Code; |
41. Has committed a second or subsequent violation of |
Section 11-605.1 of this Code, a similar provision of a |
|
local ordinance, or a similar violation in any other state |
within 2 years of the date of the previous violation, in |
which case the suspension shall be for 90 days; |
42. Has committed a violation of subsection (a-1) of |
Section 11-1301.3 of this Code or a similar provision of a |
local ordinance;
|
43. Has received a disposition of court supervision for |
a violation of subsection (a), (d), or (e) of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance, in which case the suspension shall be |
for a period of 3 months;
|
44.
Is under the age of 21 years at the time of arrest |
and has been convicted of an offense against traffic |
regulations governing the movement of vehicles after |
having previously had his or her driving privileges
|
suspended or revoked pursuant to subparagraph 36 of this |
Section; |
45.
Has, in connection with or during the course of a |
formal hearing conducted under Section 2-118 of this Code: |
(i) committed perjury; (ii) submitted fraudulent or |
falsified documents; (iii) submitted documents that have |
been materially altered; or (iv) submitted, as his or her |
own, documents that were in fact prepared or composed for |
another person; |
46. Has committed a violation of subsection (j) of |
Section 3-413 of this Code; or
|
|
47. Has committed a violation of Section 11-502.1 of |
this Code. |
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
and 27 of this
subsection, license means any driver's license, |
any traffic ticket issued when
the person's driver's license is |
deposited in lieu of bail, a suspension
notice issued by the |
Secretary of State, a duplicate or corrected driver's
license, |
a probationary driver's license or a temporary driver's |
license. |
(b) If any conviction forming the basis of a suspension or
|
revocation authorized under this Section is appealed, the
|
Secretary of State may rescind or withhold the entry of the |
order of suspension
or revocation, as the case may be, provided |
that a certified copy of a stay
order of a court is filed with |
the Secretary of State. If the conviction is
affirmed on |
appeal, the date of the conviction shall relate back to the |
time
the original judgment of conviction was entered and the 6 |
month limitation
prescribed shall not apply.
|
(c) 1. Upon suspending or revoking the driver's license or |
permit of
any person as authorized in this Section, the |
Secretary of State shall
immediately notify the person in |
writing of the revocation or suspension.
The notice to be |
deposited in the United States mail, postage prepaid,
to the |
last known address of the person.
|
2. If the Secretary of State suspends the driver's license
|
of a person under subsection 2 of paragraph (a) of this |
|
Section, a
person's privilege to operate a vehicle as an |
occupation shall not be
suspended, provided an affidavit is |
properly completed, the appropriate fee
received, and a permit |
issued prior to the effective date of the
suspension, unless 5 |
offenses were committed, at least 2 of which occurred
while |
operating a commercial vehicle in connection with the driver's
|
regular occupation. All other driving privileges shall be |
suspended by the
Secretary of State. Any driver prior to |
operating a vehicle for
occupational purposes only must submit |
the affidavit on forms to be
provided by the Secretary of State |
setting forth the facts of the person's
occupation. The |
affidavit shall also state the number of offenses
committed |
while operating a vehicle in connection with the driver's |
regular
occupation. The affidavit shall be accompanied by the |
driver's license.
Upon receipt of a properly completed |
affidavit, the Secretary of State
shall issue the driver a |
permit to operate a vehicle in connection with the
driver's |
regular occupation only. Unless the permit is issued by the
|
Secretary of State prior to the date of suspension, the |
privilege to drive
any motor vehicle shall be suspended as set |
forth in the notice that was
mailed under this Section. If an |
affidavit is received subsequent to the
effective date of this |
suspension, a permit may be issued for the remainder
of the |
suspension period.
|
The provisions of this subparagraph shall not apply to any |
driver
required to possess a CDL for the purpose of operating a |
|
commercial motor vehicle.
|
Any person who falsely states any fact in the affidavit |
required
herein shall be guilty of perjury under Section 6-302 |
and upon conviction
thereof shall have all driving privileges |
revoked without further rights.
|
3. At the conclusion of a hearing under Section 2-118 of |
this Code,
the Secretary of State shall either rescind or |
continue an order of
revocation or shall substitute an order of |
suspension; or, good
cause appearing therefor, rescind, |
continue, change, or extend the
order of suspension. If the |
Secretary of State does not rescind the order,
the Secretary |
may upon application,
to relieve undue hardship (as defined by |
the rules of the Secretary of State), issue
a restricted |
driving permit granting the privilege of driving a motor
|
vehicle between the petitioner's residence and petitioner's |
place of
employment or within the scope of the petitioner's |
employment related duties, or to
allow the petitioner to |
transport himself or herself, or a family member of the
|
petitioner's household to a medical facility, to receive |
necessary medical care, to allow the petitioner to transport |
himself or herself to and from alcohol or drug
remedial or |
rehabilitative activity recommended by a licensed service |
provider, or to allow the petitioner to transport himself or |
herself or a family member of the petitioner's household to |
classes, as a student, at an accredited educational |
institution, or to allow the petitioner to transport children, |
|
elderly persons, or persons with disabilities disabled persons |
who do not hold driving privileges and are living in the |
petitioner's household to and from daycare. The
petitioner must |
demonstrate that no alternative means of
transportation is |
reasonably available and that the petitioner will not endanger
|
the public safety or welfare. Those multiple offenders |
identified in subdivision (b)4 of Section 6-208 of this Code, |
however, shall not be eligible for the issuance of a restricted |
driving permit.
|
(A) If a person's license or permit is revoked or |
suspended due to 2
or more convictions of violating Section |
11-501 of this Code or a similar
provision of a local |
ordinance or a similar out-of-state offense, or Section 9-3 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
where the use of alcohol or other drugs is recited as an |
element of the offense, or a similar out-of-state offense, |
or a combination of these offenses, arising out
of separate |
occurrences, that person, if issued a restricted driving |
permit,
may not operate a vehicle unless it has been |
equipped with an ignition
interlock device as defined in |
Section 1-129.1.
|
(B) If a person's license or permit is revoked or |
suspended 2 or more
times within a 10 year period due to |
any combination of: |
(i) a single conviction of violating Section
|
11-501 of this Code or a similar provision of a local |
|
ordinance or a similar
out-of-state offense or Section |
9-3 of the Criminal Code of 1961 or the Criminal Code |
of 2012, where the use of alcohol or other drugs is |
recited as an element of the offense, or a similar |
out-of-state offense; or |
(ii) a statutory summary suspension or revocation |
under Section
11-501.1; or |
(iii) a suspension under Section 6-203.1; |
arising out of
separate occurrences; that person, if issued |
a restricted driving permit, may
not operate a vehicle |
unless it has been
equipped with an ignition interlock |
device as defined in Section 1-129.1. |
(C)
The person issued a permit conditioned upon the use |
of an ignition interlock device must pay to the Secretary |
of State DUI Administration Fund an amount
not to exceed |
$30 per month. The Secretary shall establish by rule the |
amount
and the procedures, terms, and conditions relating |
to these fees. |
(D) If the
restricted driving permit is issued for |
employment purposes, then the prohibition against |
operating a motor vehicle that is not equipped with an |
ignition interlock device does not apply to the operation |
of an occupational vehicle owned or
leased by that person's |
employer when used solely for employment purposes. |
(E) In each case the Secretary may issue a
restricted |
driving permit for a period deemed appropriate, except that |
|
all
permits shall expire within one year from the date of |
issuance. The Secretary
may not, however, issue a |
restricted driving permit to any person whose current
|
revocation is the result of a second or subsequent |
conviction for a violation
of Section 11-501 of this Code |
or a similar provision of a local ordinance
or any similar |
out-of-state offense, or Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012, where the use of |
alcohol or other drugs is recited as an element of the |
offense, or any similar out-of-state offense, or any |
combination
of those offenses, until the expiration of at |
least one year from the date of
the revocation. A
|
restricted driving permit issued under this Section shall |
be subject to
cancellation, revocation, and suspension by |
the Secretary of State in like
manner and for like cause as |
a driver's license issued under this Code may be
cancelled, |
revoked, or suspended; except that a conviction upon one or |
more
offenses against laws or ordinances regulating the |
movement of traffic
shall be deemed sufficient cause for |
the revocation, suspension, or
cancellation of a |
restricted driving permit. The Secretary of State may, as
a |
condition to the issuance of a restricted driving permit, |
require the
applicant to participate in a designated driver |
remedial or rehabilitative
program. The Secretary of State |
is authorized to cancel a restricted
driving permit if the |
permit holder does not successfully complete the program.
|
|
(c-3) In the case of a suspension under paragraph 43 of |
subsection (a), reports received by the Secretary of State |
under this Section shall, except during the actual time the |
suspension is in effect, be privileged information and for use |
only by the courts, police officers, prosecuting authorities, |
the driver licensing administrator of any other state, the |
Secretary of State, or the parent or legal guardian of a driver |
under the age of 18. However, beginning January 1, 2008, if the |
person is a CDL holder, the suspension shall also be made |
available to the driver licensing administrator of any other |
state, the U.S. Department of Transportation, and the affected |
driver or motor
carrier or prospective motor carrier upon |
request.
|
(c-4) In the case of a suspension under paragraph 43 of |
subsection (a), the Secretary of State shall notify the person |
by mail that his or her driving privileges and driver's license |
will be suspended one month after the date of the mailing of |
the notice.
|
(c-5) The Secretary of State may, as a condition of the |
reissuance of a
driver's license or permit to an applicant |
whose driver's license or permit has
been suspended before he |
or she reached the age of 21 years pursuant to any of
the |
provisions of this Section, require the applicant to |
participate in a
driver remedial education course and be |
retested under Section 6-109 of this
Code.
|
(d) This Section is subject to the provisions of the |
|
Drivers License
Compact.
|
(e) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been suspended
or revoked under any |
provisions of this Code.
|
(f) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been suspended, revoked, |
cancelled, or disqualified under any provisions of this Code. |
(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; |
97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; |
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. |
1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. |
7-16-14 .)
|
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
|
Sec. 11-208. Powers of local authorities.
|
(a) The provisions of this Code shall not be deemed to |
prevent
local authorities with respect to streets and highways |
under their
jurisdiction and within the reasonable exercise of |
the police power from:
|
1. Regulating the standing or parking of vehicles, |
except as
limited by Sections 11-1306 and 11-1307 of this |
Act;
|
2. Regulating traffic by means of police officers or |
|
traffic control
signals;
|
3. Regulating or prohibiting processions or |
assemblages on the highways; and certifying persons to |
control traffic for processions or assemblages;
|
4. Designating particular highways as one-way highways |
and requiring that
all vehicles thereon be moved in one |
specific direction;
|
5. Regulating the speed of vehicles in public parks |
subject to the
limitations set forth in Section 11-604;
|
6. Designating any highway as a through highway, as |
authorized in Section
11-302, and requiring that all |
vehicles stop before entering or crossing
the same or |
designating any intersection as a stop intersection or a |
yield
right-of-way intersection and requiring all vehicles |
to stop or yield the
right-of-way at one or more entrances |
to such intersections;
|
7. Restricting the use of highways as authorized in |
Chapter 15;
|
8. Regulating the operation of bicycles and requiring |
the
registration and licensing of same, including the |
requirement of a
registration fee;
|
9. Regulating or prohibiting the turning of vehicles or |
specified
types of vehicles at intersections;
|
10. Altering the speed limits as authorized in Section |
11-604;
|
11. Prohibiting U-turns;
|
|
12. Prohibiting pedestrian crossings at other than |
designated and marked
crosswalks or at intersections;
|
13. Prohibiting parking during snow removal operation;
|
14. Imposing fines in accordance with Section |
11-1301.3 as penalties
for use of any parking place |
reserved for persons with disabilities, as defined
by |
Section 1-159.1, or veterans with disabilities disabled |
veterans by any person using a motor
vehicle not bearing |
registration plates specified in Section 11-1301.1
or a |
special decal or device as defined in Section 11-1301.2
as |
evidence that the vehicle is operated by or for a person
|
with disabilities or a veteran with a disability disabled |
veteran ;
|
15. Adopting such other traffic regulations as are |
specifically
authorized by this Code; or
|
16. Enforcing the provisions of subsection (f) of |
Section 3-413 of this
Code or a similar local ordinance.
|
(b) No ordinance or regulation enacted under subsections 1, |
4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective |
until signs giving
reasonable notice of such local traffic |
regulations are posted.
|
(c) The provisions of this Code shall not prevent any
|
municipality having a population of 500,000 or more inhabitants |
from
prohibiting any person from driving or operating any motor |
vehicle upon
the roadways of such municipality with headlamps |
on high beam or bright.
|
|
(d) The provisions of this Code shall not be deemed to |
prevent local
authorities within the reasonable exercise of |
their police power from
prohibiting, on private property, the |
unauthorized use of parking spaces
reserved for persons with |
disabilities.
|
(e) No unit of local government, including a home rule |
unit, may enact or
enforce an ordinance that applies only to |
motorcycles if the principal purpose
for that ordinance is to |
restrict the access of motorcycles to any highway or
portion of |
a highway for which federal or State funds have been used for |
the
planning, design, construction, or maintenance of that |
highway. No unit of
local government, including a home rule |
unit, may enact an ordinance requiring
motorcycle users to wear |
protective headgear. Nothing in this subsection
(e) shall |
affect the authority of a unit of local government to regulate
|
motorcycles for traffic control purposes or in accordance with |
Section 12-602
of this Code. No unit of local government, |
including a home rule unit, may
regulate motorcycles in a |
manner inconsistent with this Code. This subsection
(e) is a |
limitation under subsection (i) of Section 6 of Article VII of |
the
Illinois Constitution on the concurrent exercise by home |
rule units of powers
and functions exercised by the State.
|
(f) A municipality or county designated in Section 11-208.6 |
may enact an ordinance providing for an
automated traffic law |
enforcement system to enforce violations of this Code or
a |
similar provision of a local ordinance and imposing liability |
|
on a registered owner or lessee of a vehicle used in such a |
violation.
|
(g) A municipality or county, as provided in Section |
11-1201.1, may enact an ordinance providing for an automated |
traffic law enforcement system to enforce violations of Section |
11-1201 of this Code or a similar provision of a local |
ordinance and imposing liability on a registered owner of a |
vehicle used in such a violation.
|
(h) A municipality designated in Section 11-208.8 may enact |
an ordinance providing for an
automated speed enforcement |
system to enforce violations of Article VI of Chapter 11 of |
this Code or a similar provision of a local ordinance. |
(i) A municipality or county designated in Section 11-208.9 |
may enact an ordinance providing for an
automated traffic law |
enforcement system to enforce violations of Section 11-1414 of |
this Code or
a similar provision of a local ordinance and |
imposing liability on a registered owner or lessee of a vehicle |
used in such a violation. |
(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396, |
eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)
|
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
|
Sec. 11-209. Powers of municipalities and counties - |
Contract with
school boards, hospitals, churches, condominium |
complex unit owners'
associations, and commercial and |
industrial facility, shopping center,
and apartment complex |
|
owners for regulation of traffic. |
(a) The corporate authorities of any municipality or the |
county
board of any county, and a school board, hospital, |
church, condominium
complex unit owners' association, or owner |
of any
commercial and industrial facility,
shopping center, or |
apartment complex which controls a parking area
located within |
the limits of the municipality, or outside the limits of
the |
municipality and within the boundaries of the county, may, by
|
contract, empower the municipality or county to regulate the |
parking of
automobiles and the traffic at such parking area. |
Such contract shall
empower the municipality or county to |
accomplish all or any part of the
following:
|
1. The erection of stop signs, flashing signals, person |
with
disabilities parking area signs or yield signs at
|
specified locations in a parking area and the adoption of |
appropriate
regulations thereto pertaining, or the |
designation of any intersection
in the parking area as a |
stop intersection or as a yield intersection
and the |
ordering of like signs or signals at one or more entrances |
to
such intersection, subject to the provisions of this |
Chapter.
|
2. The prohibition or regulation of the turning of |
vehicles or
specified types of vehicles at intersections or |
other designated
locations in the parking area.
|
3. The regulation of a crossing of any roadway in the |
parking area
by pedestrians.
|
|
4. The designation of any separate roadway in the |
parking area for
one-way traffic.
|
5. The establishment and regulation of loading zones.
|
6. The prohibition, regulation, restriction or |
limitation of the
stopping, standing or parking of vehicles |
in specified areas of the
parking area.
|
7. The designation of safety zones in the parking area |
and fire lanes.
|
8. Providing for the removal and storage of vehicles |
parked or
abandoned in the parking area during snowstorms, |
floods, fires, or other
public emergencies, or found |
unattended in the parking area, (a) where
they constitute |
an obstruction to traffic, or (b) where stopping,
standing |
or parking is prohibited, and for the payment of reasonable
|
charges for such removal and storage by the owner or |
operator of any
such vehicle.
|
9. Providing that the cost of planning, installation, |
maintenance
and enforcement of parking and traffic |
regulations pursuant to any
contract entered into under the |
authority of this paragraph (a) of this
Section be borne by |
the municipality or county, or by the school board,
|
hospital, church, property owner, apartment complex owner,
|
or condominium complex unit owners' association,
or that a
|
percentage of the cost be shared by the parties to the |
contract.
|
10. Causing the installation of parking meters on the |
|
parking area
and establishing whether the expense of |
installing said parking meters
and maintenance thereof |
shall be that of the municipality or county, or
that of the |
school board, hospital, church, condominium complex unit |
owners'
association, shopping center or
apartment complex |
owner.
All moneys obtained from such parking meters as may |
be
installed on any parking area shall belong to the |
municipality or county.
|
11. Causing the installation of parking signs in |
accordance with
Section 11-301 in areas of the parking lots |
covered by this Section and
where desired by the person |
contracting with the appropriate authority
listed in |
paragraph (a) of this Section, indicating that such parking
|
spaces are reserved for persons with disabilities.
|
12. Contracting for such additional reasonable rules |
and regulations
with respect to traffic and parking in a |
parking area as local
conditions may require for the safety |
and convenience of the public or
of the users of the |
parking area.
|
(b) No contract entered into pursuant to this Section shall |
exceed a
period of 20 years. No lessee of a shopping center or |
apartment complex
shall enter into such a contract for a longer |
period of time than the
length of his lease.
|
(c) Any contract entered into pursuant to this Section |
shall be
recorded in the office of the recorder in the county |
in which
the parking area is located, and no regulation made |
|
pursuant to the
contract shall be effective or enforceable |
until 3 days after the
contract is so recorded.
|
(d) At such time as parking and traffic regulations have |
been
established at any parking area pursuant to the contract |
as provided for
in this Section, then it shall be a petty |
offense for any person to do
any act forbidden or to fail to |
perform any act required by such parking
or traffic regulation. |
If the violation is the parking in a parking space
reserved for |
persons with disabilities under paragraph (11) of this Section, |
by
a person without special registration plates issued to a |
person with
disabilities, as defined by Section 1-159.1, |
pursuant to Section
3-616 of this Code, or to a veteran with a |
disability disabled veteran pursuant to Section 3-609 of
this |
Code, the local police of the contracting corporate municipal
|
authorities shall issue a parking ticket to such parking |
violator and issue
a fine in accordance with Section 11-1301.3.
|
(e) The term "shopping center", as used in this Section, |
means
premises having one or more stores or business |
establishments in
connection with which there is provided on |
privately-owned property near
or contiguous thereto an area, or |
areas, of land used by the public as
the means of access to and |
egress from the stores and business
establishments on such |
premises and for the parking of motor vehicles of
customers and |
patrons of such stores and business establishments on such
|
premises.
|
(f) The term "parking area", as used in this Section, means |
|
an area,
or areas, of land near or contiguous to a school, |
church, or hospital
building, shopping center, apartment |
complex, or condominium
complex,
but not the public highways or |
alleys, and used by
the public as the means of access to and |
egress from such buildings and
the stores and business |
establishments at a shopping center and for the
parking of |
motor vehicles.
|
(g) The terms "owner", "property owner", "shopping center |
owner",
and "apartment complex owner",
as used in this Section, |
mean the actual
legal owner of the shopping center parking area |
or apartment
complex,
the trust officer of a banking |
institution having the right to manage
and control such |
property, or a person having the legal right, through
lease or |
otherwise, to manage or control the property.
|
(g-5) The term "condominium complex unit owners' |
association", as used in
this Section, means a "unit owners' |
association" as defined in Section 2 of the
Condominium |
Property Act.
|
(h) The term "fire lane", as used in this Section, means |
travel
lanes for the fire fighting equipment upon which there |
shall be no
standing or parking of any motor vehicle at any |
time so that fire
fighting equipment can move freely thereon.
|
(i) The term "apartment complex", as used in this Section, |
means
premises having one or more apartments in connection with |
which there is
provided on privately-owned property near or |
contiguous thereto an area,
or areas, of land used by occupants |
|
of such apartments or their guests
as a means of access to and |
egress from such apartments or for the
parking of motor |
vehicles of such occupants or their guests.
|
(j) The term "condominium complex", as used in this |
Section, means
the units, common elements, and limited common |
elements that are located on the
parcels, as those terms are |
defined in Section 2 of the Condominium Property
Act.
|
(k) The term "commercial and industrial facility", as used |
in this
Section, means a premises containing one or more |
commercial and industrial
facility establishments in |
connection with which there is
provided on
privately-owned |
property near or contiguous to the premises an area or areas of
|
land used by the public as the means of access to and egress |
from the
commercial and industrial facility establishment on |
the premises and for the
parking of motor vehicles of |
customers, patrons, and employees of the
commercial and |
industrial facility establishment on the premises.
|
(l) The provisions of this Section shall not be deemed to
|
prevent local
authorities from enforcing, on private property, |
local ordinances imposing
fines, in accordance with Section |
11-1301.3, as penalties for use of any
parking
place reserved |
for persons with disabilities, as defined by Section 1-159.1, |
or
veterans with disabilities disabled veterans by any person |
using a motor vehicle not bearing registration
plates specified |
in Section 11-1301.1 or a special decal or device as defined
in |
Section 11-1301.2 as evidence that the vehicle is operated by |
|
or for a
person with disabilities or a veteran with a |
disability disabled veteran .
|
This amendatory Act of 1972 is not a prohibition upon the |
contractual
and associational powers granted by Article VII, |
Section 10 of the
Illinois Constitution.
|
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
|
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
|
Sec. 11-501.7.
(a) As a condition of probation or discharge |
of a
person convicted of a violation of Section 11-501 of this |
Code, who was
less than 21 years of age at the time of the |
offense, or a person
adjudicated delinquent pursuant to the |
Juvenile Court Act, for violation of
Section 11-501 of this |
Code, the Court may order the offender to
participate in the |
Youthful Intoxicated Drivers' Visitation Program.
The Program |
shall consist of a supervised visitation as provided
by this |
Section by the person to at least one of the following, to the
|
extent that personnel and facilities are available:
|
(1) A State or private rehabilitation facility that |
cares for victims
of motor vehicle accidents involving |
persons under the influence of alcohol.
|
(2) A facility which cares for advanced alcoholics to |
observe
persons in the terminal stages of alcoholism, under |
the supervision of
appropriately licensed medical |
personnel.
|
(3) If approved by the coroner of the county where the |
|
person resides,
the county coroner's office or the county |
morgue to observe appropriate
victims of motor vehicle |
accidents involving persons under the influence of
|
alcohol, under the supervision of the coroner or deputy |
coroner.
|
(b) The Program shall be operated by the appropriate |
probation
authorities of the courts of the various circuits. |
The youthful offender
ordered to participate in the Program |
shall bear all costs associated with
participation in the |
Program. A parent or guardian of the offender may
assume the |
obligation of the offender to pay the costs of the Program. The
|
court may waive the requirement that the offender pay the costs |
of
participation in the Program upon a finding of indigency.
|
(c) As used in this Section, "appropriate victims" means |
victims whose
condition is determined by the visit supervisor |
to demonstrate the results of
motor vehicle accidents involving |
persons under the influence of alcohol
without being |
excessively gruesome or traumatic to the observer.
|
(d) Any visitation shall include, before any observation of |
victims or
persons with disabilities disabled persons , a |
comprehensive counseling session with the visitation
|
supervisor at which the supervisor shall explain and discuss |
the
experiences which may be encountered during the visitation |
in order to
ascertain whether the visitation is appropriate.
|
(Source: P.A. 86-1242.)
|
|
(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
|
Sec. 11-1301.1. Persons with disabilities - Parking |
privileges - Exemptions. |
(a) A motor vehicle bearing registration plates issued to a |
person with
disabilities, as defined by Section 1-159.1, |
pursuant to Section 3-616 or to a
veteran with a disability |
disabled veteran pursuant to subsection (a) of Section 3-609 or |
a special decal or device issued
pursuant to Section 3-616 or |
pursuant to Section 11-1301.2 of this Code or a
motor vehicle |
registered in another jurisdiction, state, district, territory |
or
foreign country upon which is displayed a registration |
plate, special decal or
device issued by the other jurisdiction |
designating the vehicle is operated by
or for a person with |
disabilities shall be exempt from the payment of parking
meter |
fees until January 1, 2014, and exempt from any statute or |
ordinance imposing time limitations
on parking, except |
limitations of one-half hour or less, on any street or
highway |
zone, a parking area subject to regulation under subsection (a) |
of Section 11-209 of this Code, or any parking lot or parking |
place which
are owned, leased or owned and leased by a |
municipality or a municipal
parking utility; and shall be |
recognized by state and local authorities
as a valid license |
plate or parking device and shall receive the same
parking |
privileges as residents of this State; but, such vehicle shall |
be
subject to the laws which prohibit parking in "no stopping" |
and "no
standing" zones in front of or near fire hydrants, |
|
driveways, public
building entrances and exits, bus stops and |
loading areas, and is
prohibited from parking where the motor |
vehicle constitutes a traffic
hazard, whereby such motor |
vehicle shall be moved at the instruction and
request of a law |
enforcement officer to a location designated by the
officer. |
(b) Any motor vehicle bearing registration plates or a |
special decal
or device specified in this Section or in Section |
3-616 of this Code or
such parking device as specifically |
authorized in Section 11-1301.2 as
evidence that the vehicle is |
operated by or for a person with disabilities or bearing |
registration plates issued to a
veteran with a disability |
disabled veteran under subsection (a) of Section 3-609 may |
park, in addition to any
other lawful place, in any parking |
place specifically reserved for such
vehicles by the posting of |
an official sign as provided under Section 11-301.
Parking |
privileges granted by this Section are strictly limited
to the |
person to whom the special registration plates, special decal |
or
device were issued and to qualified operators acting under |
his or her express
direction while the person with disabilities |
is present.
A person to whom privileges were granted shall, at |
the request of a
police officer or any other person invested by |
law with authority to direct,
control, or regulate traffic, |
present an identification card with a picture as
verification |
that the
person is the person to whom the special registration |
plates, special decal or
device was issued.
|
(c) Such parking privileges granted by this Section are |
|
also extended to
motor vehicles of not-for-profit |
organizations used for the transportation of
persons with |
disabilities when such motor vehicles display the decal or |
device
issued pursuant to Section 11-1301.2 of this Code.
|
(d) No person shall use any area for the parking of any |
motor vehicle
pursuant to Section 11-1303 of this Code or where |
an official sign
controlling such area expressly prohibits |
parking at any time or during
certain hours.
|
(e) Beginning January 1, 2014, a vehicle displaying a decal |
or device issued under subsection (c-5) of Section 11-1301.2 of |
this Code shall be exempt from the payment of fees generated by |
parking in a metered space or in a publicly owned parking area. |
(Source: P.A. 97-845, eff. 1-1-13; 97-918, eff. 1-1-13; 98-463, |
eff. 8-16-13; 98-577, eff. 1-1-14.)
|
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
|
Sec. 11-1301.2. Special decals for parking; persons with |
disabilities.
|
(a) The Secretary of State shall provide for, by |
administrative rules, the
design, size, color, and placement of |
a person with disabilities motorist decal
or device
and shall |
provide for, by administrative
rules, the content and form of |
an application for a person with disabilities
motorist decal or |
device,
which shall be used by local authorities in the |
issuance thereof to a
person with temporary disabilities, |
provided that the decal or device is
valid for no more than 90 |
|
days, subject to renewal for like periods based upon
continued |
disability, and further provided that the decal or device |
clearly
sets forth the date that the decal or device expires.
|
The application shall
include the requirement of an Illinois |
Identification Card number or a State
of Illinois driver's |
license number.
This decal or device may be used by the |
authorized holder to designate and identify a vehicle not owned |
or displaying a
registration plate as provided in Sections |
3-609 and 3-616 of this Act to
designate when the vehicle is |
being used to transport said person or persons
with |
disabilities, and thus is entitled to enjoy all the privileges |
that would
be afforded a person with disabilities licensed |
vehicle.
Person with disabilities decals or devices issued and |
displayed pursuant to
this Section shall be recognized and |
honored by all local authorities
regardless of which local |
authority issued such decal or device.
|
The decal or device shall be issued only upon a showing by |
adequate
documentation that the person for whose benefit the |
decal or device is to be
used has a disability as defined in |
Section 1-159.1 of this
Code and the disability is temporary.
|
(b) The local governing authorities shall be responsible |
for the provision
of such decal or device, its issuance and |
designated placement within the
vehicle. The cost of such decal |
or device shall be at the discretion of
such local governing |
authority.
|
(c) The Secretary of State may, pursuant to Section |
|
3-616(c), issue
a person with disabilities parking decal or |
device to a person with
disabilities as defined by Section |
1-159.1. Any person with disabilities
parking decal or device |
issued by the Secretary of State shall be registered to
that |
person with disabilities in the form to be prescribed by the |
Secretary of
State. The person with disabilities parking decal |
or device shall not display
that person's address. One |
additional decal or device may be issued to an
applicant upon |
his or her written request and with the approval of the
|
Secretary of
State.
The written request must include a |
justification of the need for the
additional decal or device.
|
(c-5) Beginning January 1, 2014, the Secretary shall |
provide by administrative rule for the issuance of a separate |
and distinct parking decal or device for persons with |
disabilities as defined by Section 1-159.1 of this Code and who |
meet the qualifications under this subsection. The authorized |
holder of a decal or device issued under this subsection (c-5) |
shall be exempt from the payment of fees generated by parking |
in a metered space, a parking area subject to paragraph (10) of |
subsection (a) of Section 11-209 of this Code, or a publicly |
owned parking area. |
The Secretary shall issue a meter-exempt decal or device to |
a person with
disabilities who: (i) has been issued |
registration plates under subsection (a) of Section 3-609 or |
Section 3-616 of this Code or a special decal or device under |
this Section, (ii) holds a valid Illinois driver's license, and |
|
(iii) is unable to do one or more of the following: |
(1) manage, manipulate, or insert coins, or obtain |
tickets or tokens in parking meters or ticket machines in |
parking lots, due to the lack of fine motor control of both |
hands; |
(2) reach above his or her head to a height of 42 |
inches from the ground, due to a lack of finger, hand, or |
upper extremity strength or mobility; |
(3) approach a parking meter due to his or her use of a |
wheelchair or other device for mobility; or |
(4) walk more than 20 feet due to an orthopedic, |
neurological, cardiovascular, or lung condition in which |
the degree of debilitation is so severe that it almost |
completely impedes the ability to walk. |
The application for a meter-exempt parking decal or device |
shall contain a statement certified by a licensed physician, |
physician assistant, or advanced practice nurse attesting to |
the permanent nature of the applicant's condition and verifying |
that the applicant meets the physical qualifications specified |
in this subsection (c-5). |
Notwithstanding the requirements of this subsection (c-5), |
the Secretary shall issue a meter-exempt decal or device to a |
person who has been issued registration plates under Section |
3-616 of this Code or a special decal or device under this |
Section, if the applicant is the parent or guardian of a person |
with disabilities who is under 18 years of age and incapable of |
|
driving. |
(d) Replacement decals or devices may be issued for lost, |
stolen, or
destroyed decals upon application and payment of a |
$10 fee. The replacement
fee may be waived for individuals that |
have claimed and received a grant under
the Senior Citizens and |
Persons with Disabilities Disabled Persons Property Tax Relief |
Act.
|
(e) A person classified as a veteran under subsection (e) |
of Section 6-106 of this Code that has been issued a decal or |
device under this Section shall not be required to submit |
evidence of disability in order to renew that decal or device |
if, at the time of initial application, he or she submitted |
evidence from his or her physician or the Department of |
Veterans' Affairs that the disability is of a permanent nature. |
However, the Secretary shall take reasonable steps to ensure |
the veteran still resides in this State at the time of the |
renewal. These steps may include requiring the veteran to |
provide additional documentation or to appear at a Secretary of |
State facility. To identify veterans who are eligible for this |
exemption, the Secretary shall compare the list of the persons |
who have been issued a decal or device to the list of persons |
who have been issued a disabled veteran vehicle registration |
plate for veterans with disabilities under Section 3-609 of |
this Code, or who are identified as a veteran on their driver's |
license under Section 6-110 of this Code or on their |
identification card under Section 4 of the Illinois |
|
Identification Card Act. |
(Source: P.A. 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; |
98-463, eff. 8-16-13; 98-577, eff. 1-1-14; 98-879, eff. |
1-1-15 .)
|
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
|
Sec. 11-1301.3. Unauthorized use of parking places |
reserved for persons with
disabilities. |
(a) It shall be prohibited to park any motor vehicle which |
is not properly
displaying
registration plates or decals issued |
to a person with disabilities, as defined
by Section 1-159.1, |
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a |
veteran with a disability disabled veteran pursuant to Section |
3-609 of this Act, as evidence that the
vehicle is operated by |
or for a person with disabilities or a veteran with a |
disability disabled veteran ,
in any parking place, including |
any private
or public offstreet parking facility, specifically |
reserved, by the
posting of an official sign as designated |
under Section 11-301, for
motor vehicles displaying such |
registration plates.
It shall be prohibited to park any motor |
vehicle in a designated access
aisle adjacent to any parking |
place specifically reserved for persons with
disabilities, by |
the posting of an official sign as designated under Section
|
11-301, for motor vehicles displaying such registration |
plates.
When using the parking privileges for persons with |
disabilities, the parking
decal or device must be displayed |
|
properly in the vehicle where it is clearly
visible to law |
enforcement personnel, either hanging from the rearview mirror
|
or placed on the dashboard of the vehicle in clear view.
|
Disability license plates and parking decals and devices are |
not transferable from person to person. Proper usage of the |
disability license plate or parking decal or device requires |
the authorized holder to be present and enter or exit the |
vehicle at the time the parking privileges are being used. It |
is a violation of this Section to park in a space reserved for |
a person with disabilities if the authorized holder of the |
disability license plate or parking decal or device does not |
enter or exit the vehicle at the time the parking privileges |
are being used. Any motor vehicle properly displaying a |
disability license plate or a
parking decal or device |
containing the International symbol of access
issued to persons |
with disabilities by any local authority, state, district,
|
territory or foreign country shall be recognized by State and |
local
authorities as a valid license plate or device and |
receive the same parking
privileges as residents of this State.
|
(a-1) An individual with a vehicle displaying disability |
license plates or a parking decal or device issued to a |
qualified person with a disability under Sections 3-616, |
11-1301.1, or 11-1301.2 or to a veteran with a disability |
disabled veteran under Section 3-609 is in violation of this |
Section if (i) the person using the disability license plate or |
parking decal or device is not the authorized holder of the |
|
disability license plate or parking decal or device or is not |
transporting the authorized holder of the disability license |
plate or parking decal or device to or from the parking |
location and (ii) the person uses the disability license plate |
or parking decal or device to exercise any privileges granted |
through the disability license plate or parking decals or |
devices under this Code.
|
(a-2) A driver of a vehicle displaying disability license |
plates or a parking decal or device issued to a qualified |
person with a disability under Section 3-616, 11-1301.1, or |
11-1301.2 or to a veteran with a disability disabled veteran |
under Section 3-609 is in violation of this Section if (i) the |
person to whom the disability license plate or parking decal or |
device was issued is deceased and (ii) the driver uses the |
disability license plate or parking decal or device to exercise |
any privileges granted through a disability license plate or |
parking decal or device under this Code. |
(b) Any person or local authority owning or operating any |
public or private
offstreet parking facility may, after |
notifying the police or sheriff's
department, remove or cause |
to be removed to the nearest garage or other
place of safety |
any vehicle parked within a stall or space reserved for
use by |
a person with disabilities which does not
display person with |
disabilities registration
plates or a special decal or device |
as required under this Section.
|
(c) Any person found guilty of violating the provisions of |
|
subsection (a) shall be fined $250 in addition to any costs or |
charges connected
with the removal or storage of any motor |
vehicle authorized under this
Section; but municipalities by |
ordinance may impose a fine up to $350
and shall display signs |
indicating the fine imposed. If the amount of
the fine is |
subsequently changed, the municipality shall change the sign to
|
indicate the current amount of the fine.
It shall not be a |
defense to a charge under this Section that either the sign |
posted
pursuant to this
Section or the intended accessible |
parking place does not comply with the technical requirements |
of Section 11-301,
Department
regulations, or local ordinance |
if a reasonable person would be made aware by
the
sign or |
notice on or near the parking place that the place is reserved |
for a
person
with
disabilities.
|
(c-1) Any person found guilty of violating the provisions |
of subsection (a-1) a first time shall be fined $600. Any |
person found guilty of violating subsection (a-1) a second or |
subsequent time shall be fined $1,000. Any person who violates |
subsection (a-2) is guilty of a Class A misdemeanor and shall |
be fined $2,500. The circuit clerk shall distribute 50% of the |
fine imposed on any person who is found guilty of or pleads |
guilty to violating this Section, including any person placed |
on court supervision for violating this Section, to the law |
enforcement agency that issued the citation or made the arrest. |
If more than one law enforcement agency is responsible for |
issuing the citation or making the arrest, the 50% of the fine |
|
imposed shall be shared equally.
If an officer of the Secretary |
of State Department of Police arrested a person for a violation |
of this Section, 50% of the fine imposed shall be deposited |
into the Secretary of State Police Services Fund. |
(d) Local authorities shall impose fines as established in |
subsections
(c) and (c-1) for violations of this Section.
|
(e) As used in this Section, "authorized holder" means an |
individual
issued a disability
license plate under Section |
3-616 of this
Code, an individual issued a parking decal or |
device
under Section 11-1301.2 of this Code, or an individual |
issued a disabled veteran's license plate for veterans with |
disabilities under Section 3-609 of this Code. |
(f) Any person who commits a violation of subsection (a-1) |
or a similar provision of a local ordinance may have his or her |
driving privileges suspended or revoked by the Secretary of |
State for a period of time determined by the Secretary of |
State. Any person who commits a violation of subsection (a-2) |
or a similar provision of a local ordinance shall have his or |
her driving privileges revoked by the Secretary of State. The |
Secretary of State may also suspend or revoke the disability |
license plates or parking decal or device for a period of time |
determined by the Secretary of State.
|
(g) Any police officer may seize the parking decal
or |
device from any person who commits a violation of this Section. |
Any police officer may seize the disability license plate upon |
authorization from the Secretary of State. Any police officer |
|
may request that the Secretary of State revoke the parking |
decal or device or the disability license plate of any person |
who commits a violation of this Section. |
(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463, |
eff. 8-16-13.)
|
(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
|
Sec. 11-1301.4. Reciprocal agreements with other |
jurisdictions. The Secretary of State, or his designee, may |
enter into agreements
with other jurisdictions, including |
foreign jurisdictions, on behalf of
this State relating to the |
extension of parking
privileges by such jurisdictions to |
permanently disabled residents of this
State with disabilities |
who display a special license plate or parking device that |
contains
the International symbol of access on his or her motor |
vehicle, and to
recognize such plates or devices issued by such |
other jurisdictions. This
State shall grant the same parking |
privileges which are granted to disabled
residents of this |
State with disabilities to any non-resident whose motor vehicle |
is licensed
in another state, district, territory or foreign |
country if such vehicle
displays the International symbol of |
access or a distinguishing insignia on
license plates or |
parking device issued in accordance with the laws of the
|
non-resident's state, district, territory or foreign country.
|
(Source: P.A. 86-539.)
|
|
(625 ILCS 5/11-1301.5)
|
Sec. 11-1301.5. Fictitious or unlawfully altered |
disability
license plate or parking decal or device. |
(a) As used in this Section:
|
"Fictitious disability license plate or parking decal or
|
device" means any issued disability license plate or parking
|
decal
or device, or any license plate issued to a veteran with |
a disability disabled veteran under Section 3-609 of this Code, |
that has been issued by the Secretary of State or an authorized |
unit
of local government that was issued based upon false |
information contained on
the required application.
|
"False information" means any incorrect or inaccurate |
information
concerning
the name, date of birth, social security |
number, driver's license number,
physician certification, or |
any other information required on the Persons with Disabilities |
Certification for Plate or Parking Placard, on the Application |
for Replacement Disability Parking Placard, or on the
|
application
for license plates issued to veterans with |
disabilities disabled veterans under Section 3-609 of this |
Code, that
falsifies the content of the application.
|
"Unlawfully altered disability
license plate or parking
|
permit or device" means any disability license plate or parking
|
permit or device, or any license plate issued to a veteran with |
a disability disabled veteran under Section 3-609 of this Code, |
issued by the Secretary of State or an authorized unit of
local |
government that has been physically altered or changed in such |
|
manner
that false information appears on the license plate or |
parking decal or device.
|
"Authorized holder" means an individual issued a |
disability
license plate under Section 3-616 of this Code or an |
individual issued a parking decal or device under Section |
11-1301.2 of this Code, or an individual issued a disabled |
veteran's license plate for veterans with disabilities under |
Section 3-609 of this Code.
|
(b) It is a violation of this Section for any person:
|
(1) to knowingly possess any fictitious or unlawfully |
altered disability license plate or parking decal or |
device;
|
(2) to knowingly issue or assist in the issuance of, by |
the Secretary of
State or unit of local government, any |
fictitious disability
license plate or parking decal or |
device;
|
(3) to knowingly alter any disability license plate or
|
parking decal or device;
|
(4) to knowingly manufacture, possess, transfer, or |
provide any
documentation used in the application process |
whether real or fictitious, for
the purpose of obtaining a |
fictitious disability license plate or
parking decal or |
device;
|
(5) to knowingly provide any false information to the |
Secretary of State
or a unit of local government in order |
to obtain a disability
license plate or parking decal or |
|
device;
|
(6) to knowingly transfer a disability license plate or
|
parking decal or device for the purpose of exercising the |
privileges granted
to an authorized holder of a disability
|
license plate or parking
decal or device under this Code in |
the absence of the authorized holder; or
|
(7) who is a physician, physician assistant, or |
advanced practice nurse to knowingly falsify a |
certification that a person is a person with disabilities |
as defined by Section 1-159.1 of this Code. |
(c) Sentence.
|
(1) Any person convicted of a violation of paragraph |
(1), (2), (3), (4), (5), or (7) of subsection (b) of this |
Section shall be guilty of
a Class A misdemeanor and fined |
not less than $1,000 for a first offense and shall be |
guilty of a Class 4 felony and fined not less than $2,000 |
for a second or subsequent offense. Any person convicted of |
a violation of subdivision (b)(6) of this Section is guilty |
of a Class A misdemeanor and shall be fined not less than |
$1,000 for a first offense and not less than $2,000 for a |
second or subsequent offense. The circuit clerk shall |
distribute one-half of any fine imposed on any person who |
is found guilty of or pleads guilty to violating this |
Section, including any person placed on court supervision |
for violating this Section, to the law enforcement agency |
that issued the citation or made the arrest. If more than |
|
one law enforcement agency is responsible for issuing the |
citation or making the arrest, one-half of the fine imposed |
shall be shared equally.
|
(2) Any person who commits a violation of this Section |
or a similar provision of a local ordinance may have his
or |
her driving privileges suspended or revoked by the |
Secretary of State for a
period of time determined by the |
Secretary of State. The Secretary of State may suspend or |
revoke the parking decal or device or the disability |
license plate of any person who commits a violation of this |
Section.
|
(3) Any police officer may seize the parking decal or |
device from any
person who commits a violation of this |
Section. Any police officer may seize
the disability |
license plate upon authorization from the
Secretary of |
State. Any police officer may request that the Secretary of |
State
revoke the parking decal or device or the disability |
license
plate of any person who commits a violation of this |
Section.
|
(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463, |
eff. 8-16-13.)
|
(625 ILCS 5/11-1301.6)
|
Sec. 11-1301.6. Fraudulent disability license plate or
|
parking decal or device. |
(a) As used in this Section:
|
|
"Fraudulent disability
license plate or parking decal or
|
device"
means any disability license plate or parking decal or |
device
that purports to be an official disability license plate |
or
parking decal or device and that has not been issued by the |
Secretary of State
or an authorized unit of local government.
|
"Disability license plate or parking decal or |
device-making
implement" means any implement specially |
designed or primarily used in the
manufacture, assembly, or |
authentication of a disability license
plate or parking decal |
or device, or a license plate issued to a veteran with a |
disability disabled veteran under Section 3-609 of this Code, |
issued by the Secretary of State or a unit of
local government.
|
(b) It is a violation of this Section for any person:
|
(1) to knowingly possess any fraudulent disability |
license
plate or parking decal;
|
(2) to knowingly possess without authority any |
disability
license plate or parking decal or device-making |
implement;
|
(3) to knowingly duplicate, manufacture, sell, or |
transfer any fraudulent
or stolen disability license plate |
or parking decal or device;
|
(4) to knowingly assist in the duplication, |
manufacturing, selling, or
transferring of any fraudulent, |
stolen, or reported lost or damaged disability license |
plate
or parking decal or device; or
|
(5) to advertise or distribute a fraudulent disability
|
|
license plate or parking decal or device.
|
(c) Sentence.
|
(1) Any person convicted of a violation of this |
Section shall be guilty of
a Class A misdemeanor and fined |
not less than $1,000 for a first offense and shall be |
guilty of a Class 4 felony and fined not less than $2,000 |
for a second or subsequent offense. The circuit clerk shall |
distribute half of any fine imposed on any person who is |
found guilty of or pleads guilty to violating this Section, |
including any person placed on court supervision for |
violating this Section, to the law enforcement agency that |
issued the citation or made the arrest. If more than one |
law enforcement agency is responsible for issuing the |
citation or making the arrest, one-half of the fine imposed |
shall be shared equally.
|
(2) Any person who commits a violation of this Section |
or a similar provision of a local ordinance may have his
or |
her driving privileges suspended or revoked by the |
Secretary of State for a
period of time determined by the |
Secretary of State.
|
(3) Any police officer may seize the parking decal or |
device from any
person who commits a violation of this |
Section. Any police officer may seize
the disability |
license plate upon authorization from the
Secretary of |
State. Any police officer may request that the Secretary of |
State
revoke the parking decal or device or the disability |
|
license
plate of any person who commits a violation of this |
Section.
|
(Source: P.A. 96-79, eff. 1-1-10; 97-844, eff. 1-1-13.)
|
(625 ILCS 5/11-1301.7)
|
Sec. 11-1301.7.
Appointed volunteers and contracted
|
entities; parking violations for persons with disabilities |
disabled person parking violations .
|
(a) The chief of police of a municipality and the sheriff |
of a county
authorized to enforce parking laws may appoint |
volunteers or contract with
public or private entities to issue |
parking violation notices for violations
of Section 11-1301.3 |
or ordinances dealing with parking privileges for persons
with |
disabilities. Volunteers appointed under this Section and any |
employees
of public or private entities that the chief of |
police or sheriff has
contracted with under this Section who |
are issuing these parking violation
notices must be at least 21 |
years of age. The chief of police or sheriff
appointing the |
volunteers or contracting with public or private entities may
|
establish any other qualifications that he or she deems |
desirable.
|
(b) The chief of police or sheriff appointing volunteers |
under this Section
shall provide training to the volunteers |
before authorizing them to issue
parking violation notices.
|
(c) A parking violation notice issued by a volunteer |
appointed under this
Section or by a public or private entity |
|
that the chief of police or sheriff
has contracted with under |
this Section shall have
the same force and effect as a parking |
violation notice issued by a police
officer for the same |
offense.
|
(d) All funds collected as a result of the payment of the |
parking violation
notices issued under this Section shall go to |
the municipality or county where
the notice is issued.
|
(e) An appointed volunteer or private or public entity |
under contract
pursuant to this Section is not liable for his |
or her or its act or omission in
the execution or enforcement |
of laws or ordinances if acting within the scope
of the |
appointment or contract authorized by this Section, unless the |
act or
omission constitutes willful and wanton conduct.
|
(f) Except as otherwise provided by statute, a local |
government, a chief of
police, sheriff, or
employee of a police |
department or sheriff, as such and acting within the scope
of |
his or her employment, is not liable for an injury caused by |
the act or
omission of an appointed volunteer or private or |
public entity under contract
pursuant to this Section. No local |
government, chief of police, sheriff, or an
employee of a local |
government, police department or sheriff shall be liable
for |
any actions regarding the supervision or direction, or the |
failure to
supervise and direct, an appointed volunteer or |
private or public entity under
contract pursuant to this |
Section unless the act or omission constitutes
willful and |
wanton conduct.
|
|
(g) An appointed volunteer or private or public entity |
under contract
pursuant to this Section shall assume all |
liability for and hold the property
owner and his agents and |
employees harmless from any and all claims of action
resulting |
from the work of the appointed volunteer or public or private
|
entity.
|
(Source: P.A. 90-181, eff. 7-23-97; 90-655, eff. 7-30-98.)
|
(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
|
Sec. 12-401. Restriction as to tire equipment. No metal |
tired vehicle,
including tractors, motor vehicles of the second |
division, traction engines
and other similar vehicles, shall be |
operated over any improved highway
of this State, if such |
vehicle has on the periphery of any of the road wheels
any |
block, stud, flange, cleat, ridge, lug or any projection of |
metal
or wood which projects radially beyond the tread or |
traffic surface
of the tire. This prohibition does not apply
to |
pneumatic tires with metal studs used on vehicles operated by |
rural
letter carriers who are employed or enjoy a contract with |
the United
States Postal Service for the purpose of delivering |
mail if such vehicle
is actually used for such purpose during |
operations between November
15 of any year and April 1 of the |
following year, or to motor vehicles
displaying a disability |
license plate or a or disabled veteran license plate for |
veterans with disabilities whose
owner resides in an |
unincorporated area located upon a county or township
highway |
|
or road and possesses a valid driver's license and operates
the |
vehicle with such tires only during the period heretofore |
described,
or to tracked type motor vehicles when that part of |
the vehicle coming in
contact with the road surface does not |
contain any projections of any kind
likely to injure the |
surface of the road; however, tractors, traction engines,
and |
similar vehicles may be operated which have upon their road |
wheels
V-shaped, diagonal or other cleats arranged in such a |
manner as to be
continuously in contact with the road surface, |
provided that the gross weight
upon such wheels per inch of |
width of such cleats in contact with the road
surface, when |
measured in the direction of the axle of the vehicle, does not
|
exceed 800 pounds.
|
All motor vehicles and all other vehicles in tow thereof, |
or thereunto
attached, operating upon any roadway, shall have |
tires of rubber or some
material of equal resiliency. Solid |
tires shall be considered defective and
shall not be permitted |
to be used if the rubber or other material has been
worn or |
otherwise reduced to a thickness of less than three-fourths of |
an
undue vibration when the vehicle is in motion or to cause |
undue
concentration of the wheel load on the surface of the |
road. The
requirements of this Section do not apply to |
agricultural tractors or
traction engines or to agricultural |
machinery, including wagons being
used for agricultural |
purposes in tow thereof, or to road rollers or road
building |
machinery operated at a speed not in excess of 10 miles per
|
|
hour. All motor vehicles of the second division, operating upon |
any
roadway shall have pneumatic tires, unless exempted herein.
|
Nothing in this Section shall be deemed to prohibit the use |
of tire
chains of reasonable proportion upon any vehicle when |
required for
safety because of snow, ice or other conditions |
tending to cause a vehicle
to skid.
|
(Source: P.A. 94-619, eff. 1-1-06.)
|
Section 870. The Boat Registration and Safety Act is |
amended by changing Section 3A-15 as follows:
|
(625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
|
Sec. 3A-15. Transfer by operation of law.
|
(a) If the interest of an owner in a watercraft passes to |
another other
than by voluntary transfer, the transferee shall, |
except as provided in
subsection (b), promptly mail or deliver |
within 15 days to the Department of
Natural Resources the last |
certificate of title, if
available, proof of the transfer, and |
his or her application for a new
certificate in the form the |
Department prescribes. It
shall be unlawful for any person |
having possession of a certificate of title
for a watercraft by |
reason of his or her having a lien or encumbrance on such
|
watercraft, to fail or refuse to deliver such certificate to |
the owner, upon
the satisfaction or discharge of the lien or |
encumbrance, indicated upon such
certificate of title.
|
(b) If the interest of an owner in a watercraft passes to |
|
another under the
provisions of the Small Estates provisions of |
the Probate Act of 1975,
as amended, the transferee shall |
promptly mail or deliver to the Department of
Natural |
Resources, within 120 days, the last certificate
of title, if |
available, the documentation required under the provisions of |
the
Probate Act of 1975, as amended, and an application for |
certificate
of title. The transfer may be to the transferee or |
to the nominee of the
transferee.
|
(c) If the interest of an owner in a watercraft passes to |
another under
other provisions of the Probate Act of 1975, as |
amended,
and the transfer is made by an executor, |
administrator, or guardian for
a person with a disability |
disabled person , such transferee shall promptly mail or deliver |
to the
Department of Natural Resources, the last certificate of
|
title, if available, and a certified copy of the letters |
testamentary, letters
of administration or letters of |
guardianship, as the case may be, and an
application for |
certificate of title. Such application shall be made before
the |
estate is closed. The transfer may be to the transferee or to |
the nominee
of the transferee.
|
(d) If the interest of an owner in joint tenancy passes to |
the other
joint tenant with survivorship rights as provided by |
law, the transferee
shall promptly mail or deliver to the |
Department of Natural Resources, the last certificate of title, |
if available, proof of death
of the one joint tenant
and |
survivorship of the surviving joint tenant, and an application |
|
for
certificate of title. Such application shall be made within |
120 days after
the death of the joint tenant. The transfer may |
be to the
transferee or to the nominee of the transferee.
|
(e) If the interest of the owner is terminated or the |
watercraft is sold
under a security agreement by a lienholder |
named in the certificate of
title, the transferee shall |
promptly mail or deliver within 15 days to the
Department of |
Natural Resources the last certificate of
title, his or her
|
application for a new certificate in the form the Department
|
prescribes, and an affidavit made by or on behalf of the |
lienholder that
the watercraft was repossessed and that the |
interest of the owner was lawfully
terminated or sold pursuant |
to the terms of the security agreement. In all
cases wherein a |
lienholder has found it necessary to repossess a watercraft
and |
desires to obtain certificate of title for such watercraft in |
the
name of such lienholder, the Department of Natural |
Resources shall not issue a
certificate of title to such |
lienholder unless the person from whom such
watercraft has been |
repossessed, is shown to be the last registered owner of
such |
watercraft and such lienholder establishes to the satisfaction |
of
the Department that he or she is entitled to such
|
certificate of title.
|
(f) A person holding a certificate of title whose interest |
in the
watercraft has been extinguished or transferred other |
than by voluntary
transfer shall mail or deliver the |
certificate within 15 days upon request
of the Department of |
|
Natural Resources. The delivery of
the certificate pursuant to |
the request of the Department of Natural
Resources does not |
affect the
rights of the person surrendering the certificate, |
and the action of the
Department in issuing a new certificate |
of title as
provided herein is not conclusive upon the rights |
of an owner or lienholder
named in the old certificate.
|
(g) The Department of Natural Resources may decline to
|
process any
application for a transfer of an interest hereunder |
if any fees or taxes
due under this Act from the transferor or |
the transferee have not been paid
upon reasonable notice and |
demand.
|
(h) The Department of Natural Resources shall not be
held |
civilly or criminally liable to any person because any |
purported
transferor may not have had the power or authority to |
make a transfer of any
interest in any watercraft.
|
(Source: P.A. 89-445, eff. 2-7-96.)
|
Section 875. The Juvenile Court Act of 1987 is amended by |
changing Section 2-3 as follows:
|
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3) |
Sec. 2-3. Neglected or abused minor. |
(1) Those who are neglected include: |
(a) any minor under 18 years of age who is not |
receiving
the proper or necessary support, education as
|
required by law, or medical or other remedial care |
|
recognized under
State law as necessary for a minor's |
well-being, or other care necessary
for his or her |
well-being, including adequate food, clothing and shelter,
|
or who is abandoned by his or her parent or parents or |
other person or persons responsible for
the minor's |
welfare, except that a minor shall not be considered |
neglected
for the sole reason that the minor's parent or |
parents or other person or persons responsible for the
|
minor's welfare have left the minor in the care of an adult |
relative for any
period of time, who the parent or parents |
or other person responsible for the minor's welfare know is |
both a mentally capable adult relative and physically |
capable adult relative, as defined by this Act; or |
(b) any minor under 18 years of age whose environment |
is injurious
to his or her welfare; or |
(c) any newborn infant whose blood, urine, or meconium
|
contains any amount of a
controlled substance as defined in |
subsection (f) of Section 102 of the
Illinois Controlled |
Substances Act, as now or hereafter amended, or a
|
metabolite of a controlled substance, with the exception of |
controlled
substances or metabolites of such substances, |
the presence of which in the
newborn infant is the result |
of medical treatment administered to the
mother or the |
newborn infant; or |
(d) any minor under the age of 14 years whose parent or |
other person
responsible for the minor's welfare leaves the |
|
minor without
supervision for an unreasonable period of |
time without regard for the mental or
physical health, |
safety, or welfare of that minor; or |
(e) any minor who has been provided with interim crisis |
intervention
services under Section 3-5 of this Act and |
whose parent, guardian, or custodian
refuses to permit the |
minor to return home unless the minor is an immediate |
physical danger to himself, herself, or others living in |
the home.
|
Whether the minor was left without regard for the mental or |
physical health,
safety, or welfare of that minor or the period |
of time was unreasonable shall
be determined by considering the |
following factors, including but not limited
to: |
(1) the age of the minor; |
(2) the number of minors left at the location; |
(3) special needs of the minor, including whether the |
minor is a person with a physical or mental disability |
physically
or mentally handicapped , or otherwise in need of |
ongoing prescribed medical
treatment such as periodic |
doses of insulin or other medications; |
(4) the duration of time in which the minor was left |
without supervision; |
(5) the condition and location of the place where the |
minor was left
without supervision; |
(6) the time of day or night when the minor was left |
without supervision; |
|
(7) the weather conditions, including whether the |
minor was left in a
location with adequate protection from |
the natural elements such as adequate
heat or light; |
(8) the location of the parent or guardian at the time |
the minor was left
without supervision, the physical |
distance the minor was from the parent or
guardian at the |
time the minor was without supervision; |
(9) whether the minor's movement was restricted, or the |
minor was
otherwise locked within a room or other |
structure; |
(10) whether the minor was given a phone number of a |
person or location to
call in the event of an emergency and |
whether the minor was capable of making
an emergency call; |
(11) whether there was food and other provision left |
for the minor; |
(12) whether any of the conduct is attributable to |
economic hardship or
illness and the parent, guardian or |
other person having physical custody or
control of the |
child made a good faith effort to provide for the health |
and
safety of the minor; |
(13) the age and physical and mental capabilities of |
the person or persons
who provided supervision for the |
minor; |
(14) whether the minor was left under the supervision |
of another person; |
(15) any other factor that would endanger the health |
|
and safety of that
particular minor. |
A minor shall not be considered neglected for the sole |
reason that the
minor has been relinquished in accordance with |
the Abandoned Newborn Infant
Protection Act. |
(2) Those who are abused include any minor under 18 years |
of age whose
parent or immediate family member, or any person |
responsible
for the minor's welfare, or any person who is in |
the same family or household
as the minor, or any individual |
residing in the same home as the minor, or
a paramour of the |
minor's parent: |
(i) inflicts, causes to be inflicted, or allows to be |
inflicted upon
such minor physical injury, by other than |
accidental means, which causes death,
disfigurement, |
impairment of physical or emotional health, or loss or
|
impairment of any bodily function; |
(ii) creates a substantial risk of physical injury to |
such minor by
other than accidental means which would be |
likely to cause death,
disfigurement, impairment of |
emotional health, or loss or impairment of any
bodily |
function; |
(iii) commits or allows to be committed any sex offense |
against such
minor, as such sex offenses are defined in the |
Criminal Code of 1961 or the Criminal Code of 2012, or in |
the Wrongs to Children Act, and extending those definitions |
of sex offenses to include minors
under 18 years of age; |
(iv) commits or allows to be committed an act or acts |
|
of torture upon
such minor; |
(v) inflicts excessive corporal punishment; |
(vi) commits or allows to be committed the offense of |
involuntary servitude, involuntary sexual servitude of a |
minor, or trafficking in persons as defined in Section 10-9 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
upon such minor; or |
(vii) allows, encourages or requires a minor to commit |
any act of prostitution, as defined in the Criminal Code of |
1961 or the Criminal Code of 2012, and extending those |
definitions to include minors under 18 years of age. |
A minor shall not be considered abused for the sole reason |
that the minor
has been relinquished in accordance with the |
Abandoned Newborn Infant
Protection Act. |
(3) This Section does not apply to a minor who would be |
included
herein solely for the purpose of qualifying for |
financial assistance for
himself, his parents, guardian or |
custodian. |
(Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10; |
97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
Section 880. The Criminal Code of 2012 is amended by |
changing Sections 2-10.1, 2-15a, 9-1, 10-1, 10-2, 10-5, |
11-1.30, 11-1.60, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 12-0.1, |
12-2, 12-3.05, 12C-10, 16-30, 17-2, 17-6, 17-6.5, 17-10.2, |
18-1, 18-4, 24-3, 24-3.1, and 48-10 as follows:
|
|
(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
|
Sec. 2-10.1.
" Person with a severe or profound intellectual |
disability" Severely or profoundly intellectually disabled
|
person" means a person (i)
whose intelligence quotient does not |
exceed 40 or (ii) whose
intelligence quotient does not exceed |
55 and who suffers
from
significant mental illness to the |
extent that the person's ability to exercise
rational judgment |
is impaired. In any proceeding in which the defendant is
|
charged with committing a violation of Section 10-2, 10-5, |
11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, |
11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision |
(b)(1) of Section 12-3.05, of this Code against a victim who is
|
alleged to be a person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled
|
person , any findings concerning the victim's status as a
person |
with a severe or profound intellectual disability severely or |
profoundly intellectually disabled person , made by a court |
after a
judicial admission hearing concerning the victim under |
Articles V and VI of
Chapter IV of the Mental Health and |
Developmental Disabilities Code
shall be admissible.
|
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; |
98-756, eff. 7-16-14.)
|
(720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)
|
Sec. 2-15a. " Person with a physical disability" Physically |
|
handicapped person" . " Person with a physical disability" |
Physically handicapped
person" means a person who suffers from |
a permanent and disabling physical
characteristic, resulting |
from disease, injury, functional disorder, or
congenital |
condition.
|
(Source: P.A. 85-691.)
|
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) |
Sec. 9-1. First degree Murder - Death penalties - |
Exceptions - Separate
Hearings - Proof - Findings - Appellate |
procedures - Reversals.
|
(a) A person who kills an individual without lawful |
justification commits
first degree murder if, in performing the |
acts which cause the death:
|
(1) he either intends to kill or do great bodily harm |
to that
individual or another, or knows that such acts will |
cause death to that
individual or another; or
|
(2) he knows that such acts create a strong probability |
of death or
great bodily harm to that individual or |
another; or
|
(3) he is attempting or committing a forcible felony |
other than
second degree murder.
|
(b) Aggravating Factors. A defendant who at the time of the
|
commission of the offense has attained the age of 18 or more |
and who has
been found guilty of first degree murder may be |
sentenced to death if:
|
|
(1) the murdered individual was a peace officer or |
fireman killed in
the course of performing his official |
duties, to prevent the performance
of his official duties, |
or in retaliation for performing his official
duties, and |
the defendant knew or
should have known that the murdered |
individual was a peace officer or
fireman; or
|
(2) the murdered individual was an employee of an |
institution or
facility of the Department of Corrections, |
or any similar local
correctional agency, killed in the |
course of performing his official
duties, to prevent the |
performance of his official duties, or in
retaliation for |
performing his official duties, or the murdered
individual |
was an inmate at such institution or facility and was |
killed on the
grounds thereof, or the murdered individual |
was otherwise present in such
institution or facility with |
the knowledge and approval of the chief
administrative |
officer thereof; or
|
(3) the defendant has been convicted of murdering two |
or more
individuals under subsection (a) of this Section or |
under any law of the
United States or of any state which is |
substantially similar to
subsection (a) of this Section |
regardless of whether the deaths
occurred as the result of |
the same act or of several related or
unrelated acts so |
long as the deaths were the result of either an intent
to |
kill more than one person or of separate acts which
the |
defendant knew would cause death or create a strong |
|
probability of
death or great bodily harm to the murdered |
individual or another; or
|
(4) the murdered individual was killed as a result of |
the
hijacking of an airplane, train, ship, bus or other |
public conveyance; or
|
(5) the defendant committed the murder pursuant to a |
contract,
agreement or understanding by which he was to |
receive money or anything
of value in return for committing |
the murder or procured another to
commit the murder for |
money or anything of value; or
|
(6) the murdered individual was killed in the course of |
another felony if:
|
(a) the murdered individual:
|
(i) was actually killed by the defendant, or
|
(ii) received physical injuries personally |
inflicted by the defendant
substantially |
contemporaneously with physical injuries caused by |
one or
more persons for whose conduct the defendant |
is legally accountable under
Section 5-2 of this |
Code, and the physical injuries inflicted by |
either
the defendant or the other person or persons |
for whose conduct he is legally
accountable caused |
the death of the murdered individual; and
|
(b) in performing the acts which caused the death |
of the murdered
individual or which resulted in |
physical injuries personally inflicted by
the |
|
defendant on the murdered individual under the |
circumstances of
subdivision (ii) of subparagraph (a) |
of paragraph (6) of subsection (b) of
this Section, the |
defendant acted with the intent to kill the murdered
|
individual or with the knowledge that his acts created |
a strong probability
of death or great bodily harm to |
the murdered individual or another; and
|
(c) the other felony was an inherently violent |
crime
or the attempt to commit an inherently
violent |
crime.
In this subparagraph (c), "inherently violent |
crime" includes, but is not
limited to, armed robbery, |
robbery, predatory criminal sexual assault of a
child,
|
aggravated criminal sexual assault, aggravated |
kidnapping, aggravated vehicular
hijacking,
aggravated |
arson, aggravated stalking, residential burglary, and |
home
invasion; or
|
(7) the murdered individual was under 12 years of age |
and the
death resulted from exceptionally brutal or heinous |
behavior indicative of
wanton cruelty; or
|
(8) the defendant committed the murder with intent to
|
prevent the murdered individual from testifying or |
participating in any
criminal investigation or prosecution
|
or giving material assistance to the State in any |
investigation or
prosecution, either against the defendant |
or another; or the defendant
committed the murder because |
the murdered individual was a witness in any
prosecution or |
|
gave material assistance to the State in any investigation
|
or prosecution, either against the defendant or another;
|
for purposes of this paragraph (8), "participating in any |
criminal
investigation
or prosecution" is intended to |
include those appearing in the proceedings in
any capacity |
such as trial judges, prosecutors, defense attorneys,
|
investigators, witnesses, or jurors; or
|
(9) the defendant, while committing an offense |
punishable under
Sections 401, 401.1, 401.2, 405, 405.2, |
407 or 407.1 or subsection (b) of
Section
404 of the |
Illinois Controlled Substances Act, or while engaged in a
|
conspiracy or solicitation to commit such offense, |
intentionally killed an
individual or counseled, |
commanded, induced, procured or caused the
intentional |
killing of the murdered individual; or
|
(10) the defendant was incarcerated in an institution |
or facility of
the Department of Corrections at the time of |
the murder, and while
committing an offense punishable as a |
felony under Illinois law, or while
engaged in a conspiracy |
or solicitation to commit such offense,
intentionally |
killed an individual or counseled, commanded, induced,
|
procured or caused the intentional killing of the murdered |
individual; or
|
(11) the murder was committed in a cold, calculated and |
premeditated
manner pursuant to a preconceived plan, |
scheme or design to take a human
life by unlawful means, |
|
and the conduct of the defendant created a
reasonable |
expectation that the death of a human being would result
|
therefrom; or
|
(12) the murdered individual was an emergency medical |
technician -
ambulance, emergency medical technician - |
intermediate, emergency medical
technician - paramedic, |
ambulance driver, or
other medical assistance or first aid |
personnel, employed by a municipality
or other |
governmental unit, killed in the course of performing his |
official
duties, to prevent the performance of his official |
duties, or in retaliation
for performing his official |
duties, and the defendant knew or should have
known that |
the murdered individual was an emergency medical |
technician -
ambulance, emergency medical technician - |
intermediate, emergency medical
technician - paramedic, |
ambulance driver, or
other medical assistance or first aid |
personnel; or
|
(13) the defendant was a principal administrator, |
organizer, or leader
of a calculated criminal drug |
conspiracy consisting of a hierarchical position
of |
authority superior to that of all other members of the |
conspiracy, and the
defendant counseled, commanded, |
induced, procured, or caused the intentional
killing of the |
murdered person;
or
|
(14) the murder was intentional and involved the |
infliction of torture.
For
the purpose of this Section |
|
torture means the infliction of or subjection to
extreme |
physical pain, motivated by an intent to increase or |
prolong the pain,
suffering or agony of the victim; or
|
(15) the murder was committed as a result of the |
intentional discharge
of a firearm by the defendant from a |
motor vehicle and the victim was not
present within the |
motor vehicle; or
|
(16) the murdered individual was 60 years of age or |
older and the death
resulted
from exceptionally brutal or |
heinous behavior indicative of wanton cruelty; or
|
(17) the murdered individual was a person with a |
disability disabled person and the defendant knew
or
should |
have known that the murdered individual was a person with a |
disability disabled . For purposes of
this paragraph (17), |
" person with a disability disabled person " means a person |
who suffers from a
permanent physical or mental impairment |
resulting from disease, an injury,
a functional disorder, |
or a congenital condition that renders the person
incapable |
of
adequately providing for his or her own health or |
personal care; or
|
(18) the murder was committed by reason of any person's |
activity as a
community policing volunteer or to prevent |
any person from engaging in activity
as a community |
policing volunteer; or
|
(19) the murdered individual was subject to an order of |
protection and the
murder was committed by a person against |
|
whom the same order of protection was
issued under the |
Illinois Domestic Violence Act of 1986; or
|
(20) the murdered individual was known by the defendant |
to be a teacher or
other person employed in any school and |
the teacher or other employee is upon
the grounds of a |
school or grounds adjacent to a school, or is in any part |
of a
building used for school purposes; or
|
(21) the murder was committed by the defendant in |
connection with or as
a
result of the offense of terrorism |
as defined in Section 29D-14.9 of this
Code.
|
(b-5) Aggravating Factor; Natural Life Imprisonment. A |
defendant who has been found guilty of first degree murder and |
who at the time of the commission of the offense had attained |
the age of 18 years or more may be sentenced to natural life |
imprisonment if
(i) the murdered individual was a physician, |
physician assistant, psychologist, nurse, or advanced practice |
nurse, (ii) the defendant knew or should have
known that the |
murdered individual was a physician, physician assistant, |
psychologist, nurse, or advanced practice nurse, and (iii) the |
murdered individual was killed in the course of acting in his |
or her capacity as a physician, physician assistant, |
psychologist, nurse, or advanced practice nurse, or to prevent |
him or her from acting in that capacity, or in retaliation
for |
his or her acting in that capacity. |
(c) Consideration of factors in Aggravation and |
Mitigation.
|
|
The court shall consider, or shall instruct the jury to |
consider any
aggravating and any mitigating factors which are |
relevant to the
imposition of the death penalty. Aggravating |
factors may include but
need not be limited to those factors |
set forth in subsection (b).
Mitigating factors may include but |
need not be limited to the following:
|
(1) the defendant has no significant history of prior |
criminal
activity;
|
(2) the murder was committed while the defendant was |
under
the influence of extreme mental or emotional |
disturbance, although not such
as to constitute a defense |
to prosecution;
|
(3) the murdered individual was a participant in the
|
defendant's homicidal conduct or consented to the |
homicidal act;
|
(4) the defendant acted under the compulsion of threat |
or
menace of the imminent infliction of death or great |
bodily harm;
|
(5) the defendant was not personally present during
|
commission of the act or acts causing death;
|
(6) the defendant's background includes a history of |
extreme emotional
or physical abuse;
|
(7) the defendant suffers from a reduced mental |
capacity.
|
(d) Separate sentencing hearing.
|
Where requested by the State, the court shall conduct a |
|
separate
sentencing proceeding to determine the existence of |
factors set forth in
subsection (b) and to consider any |
aggravating or mitigating factors as
indicated in subsection |
(c). The proceeding shall be conducted:
|
(1) before the jury that determined the defendant's |
guilt; or
|
(2) before a jury impanelled for the purpose of the |
proceeding if:
|
A. the defendant was convicted upon a plea of |
guilty; or
|
B. the defendant was convicted after a trial before |
the court
sitting without a jury; or
|
C. the court for good cause shown discharges the |
jury that
determined the defendant's guilt; or
|
(3) before the court alone if the defendant waives a |
jury
for the separate proceeding.
|
(e) Evidence and Argument.
|
During the proceeding any information relevant to any of |
the factors
set forth in subsection (b) may be presented by |
either the State or the
defendant under the rules governing the |
admission of evidence at
criminal trials. Any information |
relevant to any additional aggravating
factors or any |
mitigating factors indicated in subsection (c) may be
presented |
by the State or defendant regardless of its admissibility
under |
the rules governing the admission of evidence at criminal |
trials.
The State and the defendant shall be given fair |
|
opportunity to rebut any
information received at the hearing.
|
(f) Proof.
|
The burden of proof of establishing the existence of any of |
the
factors set forth in subsection (b) is on the State and |
shall not be
satisfied unless established beyond a reasonable |
doubt.
|
(g) Procedure - Jury.
|
If at the separate sentencing proceeding the jury finds |
that none of
the factors set forth in subsection (b) exists, |
the court shall sentence
the defendant to a term of |
imprisonment under Chapter V of the Unified
Code of |
Corrections. If there is a unanimous finding by the jury that
|
one or more of the factors set forth in subsection (b) exist, |
the jury
shall consider aggravating and mitigating factors as |
instructed by the
court and shall determine whether the |
sentence of death shall be
imposed. If the jury determines |
unanimously, after weighing the factors in
aggravation and |
mitigation, that death is the appropriate sentence, the court |
shall sentence the defendant to death.
If the court does not |
concur with the jury determination that death is the
|
appropriate sentence, the court shall set forth reasons in |
writing
including what facts or circumstances the court relied |
upon,
along with any relevant
documents, that compelled the |
court to non-concur with the sentence. This
document and any |
attachments shall be part of the record for appellate
review. |
The court shall be bound by the jury's sentencing |
|
determination.
|
If after weighing the factors in aggravation and |
mitigation, one or more
jurors determines that death is not the |
appropriate sentence,
the
court shall sentence the defendant to |
a term of imprisonment under
Chapter V of the Unified Code of |
Corrections.
|
(h) Procedure - No Jury.
|
In a proceeding before the court alone, if the court finds |
that none
of the factors found in subsection (b) exists, the |
court shall sentence
the defendant to a term of imprisonment |
under Chapter V of the Unified
Code of Corrections.
|
If the Court determines that one or more of the factors set |
forth in
subsection (b) exists, the Court shall consider any |
aggravating and
mitigating factors as indicated in subsection |
(c). If the Court
determines, after weighing the factors in |
aggravation and mitigation, that
death is the appropriate |
sentence, the Court shall sentence the
defendant to death.
|
If
the court finds that death is not the
appropriate |
sentence, the
court shall sentence the defendant to a term of |
imprisonment under
Chapter V of the Unified Code of |
Corrections.
|
(h-5) Decertification as a capital case.
|
In a case in which the defendant has been found guilty of |
first degree murder
by a judge or jury, or a case on remand for |
resentencing, and the State seeks
the death penalty as an |
appropriate
sentence,
on the court's own motion or the written |
|
motion of the defendant, the court
may decertify the case as a |
death penalty case if the court finds that the only
evidence |
supporting the defendant's conviction is the uncorroborated |
testimony
of an informant witness, as defined in Section 115-21 |
of the Code of Criminal
Procedure of 1963, concerning the |
confession or admission of the defendant or
that the sole |
evidence against the defendant is a single eyewitness or single
|
accomplice without any other corroborating evidence.
If the |
court decertifies the case as a capital case
under either of |
the grounds set forth above, the court shall issue a
written |
finding. The State may pursue its right to appeal the |
decertification
pursuant to Supreme Court Rule 604(a)(1). If |
the court does not
decertify the case as a capital case, the |
matter shall proceed to the
eligibility phase of the sentencing |
hearing.
|
(i) Appellate Procedure.
|
The conviction and sentence of death shall be subject to |
automatic
review by the Supreme Court. Such review shall be in |
accordance with
rules promulgated by the Supreme Court.
The |
Illinois Supreme Court may overturn the death sentence, and |
order the
imposition of imprisonment under Chapter V of the |
Unified Code of
Corrections if the court finds that the death |
sentence is fundamentally
unjust as applied to the particular |
case.
If the Illinois Supreme Court finds that the
death |
sentence is fundamentally unjust as applied to the particular |
case,
independent of any procedural grounds for relief, the |
|
Illinois Supreme Court
shall issue a written opinion explaining |
this finding.
|
(j) Disposition of reversed death sentence.
|
In the event that the death penalty in this Act is held to |
be
unconstitutional by the Supreme Court of the United States |
or of the
State of Illinois, any person convicted of first |
degree murder shall be
sentenced by the court to a term of |
imprisonment under Chapter V of the
Unified Code of |
Corrections.
|
In the event that any death sentence pursuant to the |
sentencing
provisions of this Section is declared |
unconstitutional by the Supreme
Court of the United States or |
of the State of Illinois, the court having
jurisdiction over a |
person previously sentenced to death shall cause the
defendant |
to be brought before the court, and the court shall sentence
|
the defendant to a term of imprisonment under Chapter V of the
|
Unified Code of Corrections.
|
(k) Guidelines for seeking the death penalty.
|
The Attorney General and
State's Attorneys Association |
shall consult on voluntary guidelines for
procedures governing |
whether or not to seek the death penalty. The guidelines
do not
|
have the force of law and are only advisory in nature.
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
|
(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
|
Sec. 10-1. Kidnapping. |
|
(a) A person commits the offense of kidnapping when he or |
she knowingly: |
(1) and secretly confines another against his or her |
will;
|
(2) by force or threat of imminent force carries |
another from one place
to another with intent secretly to |
confine that other person against his or her will; or
|
(3) by deceit or enticement induces another to go from |
one place to
another with intent secretly to confine that |
other person against his or her will.
|
(b) Confinement of a child under the age of 13 years, or of |
a person with a severe or profound intellectual disability |
severely or profoundly intellectually disabled person , is |
against that child's or person's
will within the meaning of |
this Section if that confinement is without the
consent of that |
child's or person's parent or legal guardian.
|
(c) Sentence. Kidnapping is a Class 2 felony.
|
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
|
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
|
Sec. 10-2. Aggravated kidnaping.
|
(a) A person commits the offense of
aggravated kidnaping |
when he or she commits kidnapping and:
|
(1) kidnaps with the intent to obtain ransom from the |
person
kidnaped or from any other person;
|
(2) takes as his or her victim a child under the age of |
|
13 years, or a person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled person ;
|
(3) inflicts great bodily harm, other than by the |
discharge of a
firearm, or commits another felony upon his |
or her
victim;
|
(4) wears a hood, robe, or mask or conceals his or her |
identity;
|
(5) commits the offense of kidnaping while armed with a |
dangerous
weapon, other than a firearm, as defined in |
Section 33A-1 of this
Code;
|
(6) commits the offense of kidnaping while armed with a |
firearm;
|
(7) during the commission of the offense of kidnaping, |
personally
discharges a firearm; or
|
(8) during the commission of the offense of kidnaping, |
personally discharges
a firearm that proximately causes |
great bodily harm, permanent
disability, permanent |
disfigurement, or death to another person.
|
As used in this Section, "ransom" includes money, benefit, |
or other
valuable thing or concession.
|
(b) Sentence. Aggravated kidnaping
in violation of |
paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a |
Class X felony.
A violation of subsection (a)(6) is a Class X |
felony for which 15 years
shall be added to the term of |
imprisonment imposed by the court. A violation of
subsection |
|
(a)(7) is a Class X felony for which 20 years shall be added to |
the
term of imprisonment imposed by the court. A violation of |
subsection (a)(8) is
a Class X felony for which 25 years or up |
to a term of natural life shall be
added to the term of |
imprisonment imposed by the court.
|
A person who is convicted of a second or subsequent offense |
of
aggravated kidnaping shall be sentenced to a term of natural |
life imprisonment; except
that a sentence of natural life |
imprisonment shall not be
imposed under this Section unless the |
second or subsequent offense was
committed after conviction on |
the first offense.
|
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
|
(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
|
Sec. 10-5. Child abduction.
|
(a) For purposes of this Section, the following terms have
|
the following meanings:
|
(1) "Child" means a person who, at the time the alleged |
violation occurred, was under the age of 18 or
was a person |
with a severe or profound intellectual disability severely |
or profoundly intellectually disabled .
|
(2) "Detains" means taking or retaining physical |
custody of a child,
whether or not the child resists or |
objects.
|
(2.1) "Express consent" means oral or written |
permission that is positive, direct, and unequivocal, |
|
requiring no inference or implication to supply its |
meaning. |
(2.2) "Luring" means any knowing act to solicit, |
entice, tempt, or attempt to attract the minor.
|
(3) "Lawful custodian" means a person or persons |
granted legal custody
of a child or entitled to physical |
possession of a child pursuant to a
court order. It is |
presumed that, when the parties have never been
married to |
each other, the mother has legal custody of the child |
unless a
valid court order states otherwise. If an |
adjudication of paternity has
been completed and the father |
has been assigned support obligations or
visitation |
rights, such a paternity order should, for the purposes of |
this
Section, be considered a valid court order granting |
custody to the mother.
|
(4) "Putative father" means a man who has a reasonable |
belief that he is the father of a child born of a woman who |
is not his wife. |
(5) "Unlawful purpose" means any misdemeanor or felony |
violation of State law or a similar federal or sister state |
law or local ordinance. |
(b) A person commits the offense of child abduction when he |
or she does any one of the following:
|
(1) Intentionally violates any terms of a valid court |
order granting
sole or joint custody, care, or possession |
to another by concealing or
detaining the child or removing |
|
the child from the jurisdiction of the
court.
|
(2) Intentionally violates a court order prohibiting |
the person from
concealing or detaining the child or |
removing the child
from the jurisdiction of the court.
|
(3) Intentionally conceals, detains, or removes the |
child without the
consent of the mother or lawful custodian |
of the child if the person is a
putative father and either: |
(A) the paternity of the child has not been
legally |
established or (B) the paternity of the child has been |
legally
established but no orders relating to custody have |
been entered. Notwithstanding the presumption created by |
paragraph (3) of subsection (a),
however, a mother commits |
child abduction when she intentionally conceals or removes
|
a child, whom she has abandoned or relinquished custody of, |
from an
unadjudicated father who has provided sole ongoing |
care and custody of the
child in her absence.
|
(4) Intentionally conceals or removes the child from a |
parent after
filing a petition or being served with process |
in an action affecting
marriage or paternity but prior to |
the issuance of a temporary or final
order determining |
custody.
|
(5) At the expiration of visitation rights outside the |
State,
intentionally fails or refuses to return or impedes |
the return of the child
to the lawful custodian in |
Illinois.
|
(6) Being a parent of the child, and if the parents of |
|
that child
are or have been married and there has been no |
court order of custody,
knowingly conceals the child for 15 |
days, and fails to make reasonable attempts
within the |
15-day period to notify the other parent as to the specific
|
whereabouts of the child, including a means by which to |
contact the child,
or to arrange reasonable visitation or |
contact with the child. It is not a
violation of this |
Section for a person fleeing domestic violence to take
the |
child with him or her to housing provided by a domestic |
violence program.
|
(7) Being a parent of the child, and if the parents of |
the child
are or have been married and there has been no |
court order of
custody, knowingly conceals, detains, or |
removes the child with physical force or
threat of physical |
force.
|
(8) Knowingly conceals, detains, or removes the child |
for payment or promise of
payment at the instruction of a |
person who has no legal right to custody.
|
(9) Knowingly retains in this State for 30 days a child |
removed from another state
without the consent of the |
lawful custodian or in violation of a valid
court order of |
custody.
|
(10) Intentionally lures or attempts to lure a child: |
(A) under the age of 17 or (B) while traveling to or from a |
primary or secondary school
into a motor vehicle, building, |
housetrailer, or dwelling place without the
consent of the |
|
child's parent or lawful custodian for other than a lawful |
purpose. For the purposes of this item (10), the trier of |
fact may infer that luring
or attempted luring of a child |
under the age of 17 into a motor vehicle,
building, |
housetrailer, or dwelling place without the express |
consent of the child's parent
or lawful custodian or with |
the intent to avoid the express consent of the child's |
parent or lawful custodian was for other
than a lawful |
purpose.
|
(11) With the intent to obstruct or prevent efforts to |
locate the child victim of a child abduction, knowingly |
destroys, alters, conceals, or disguises physical evidence |
or furnishes false information. |
(c) It is an affirmative defense to subsections (b)(1) |
through (b)(10) of this Section that:
|
(1) the person had custody of the child pursuant to a |
court order
granting legal custody or visitation rights |
that existed at the time of
the alleged violation;
|
(2) the person had physical custody of the child |
pursuant to a court
order granting legal custody or |
visitation rights and failed to return the
child as a |
result of circumstances beyond his or her control, and the
|
person notified and disclosed to the other parent or legal |
custodian the
specific whereabouts of the child and a means |
by which the child could be
contacted or made a reasonable |
attempt to notify the other parent or lawful
custodian of |
|
the child of those circumstances and made the disclosure
|
within 24 hours after the visitation period had expired and |
returned the
child as soon as possible;
|
(3) the person was fleeing an incidence or pattern of |
domestic violence; or
|
(4) the person lured or attempted to lure a child under |
the age of 17
into a motor vehicle, building, housetrailer, |
or dwelling place for a
lawful purpose in prosecutions |
under paragraph (10) of subsection (b).
|
(d) A person convicted of child abduction under this |
Section is guilty of
a Class 4 felony. A person convicted of |
child abduction under subsection (b)(10) shall undergo a sex |
offender evaluation prior to a sentence being imposed. A person |
convicted of a second or subsequent violation of
paragraph (10) |
of subsection (b) of this Section is guilty of a Class 3
|
felony. A person convicted of child abduction under subsection |
(b)(10) when the person has a prior conviction of a sex offense |
as defined in the Sex Offender Registration Act or any |
substantially similar federal, Uniform Code of Military |
Justice, sister state, or foreign government offense is guilty |
of a Class 2 felony. It is a factor in aggravation under |
subsections (b)(1) through (b)(10) of this Section for which a |
court
may impose a more severe sentence under Section 5-8-1 |
(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified |
Code
of Corrections if, upon sentencing, the court finds |
evidence of any of the
following aggravating factors:
|
|
(1) that the defendant abused or neglected the child |
following the
concealment, detention, or removal of the |
child;
|
(2) that the defendant inflicted or threatened to |
inflict physical harm
on a parent or lawful custodian of |
the child or on the child with intent to
cause that parent |
or lawful custodian to discontinue criminal prosecution
of |
the defendant under this Section;
|
(3) that the defendant demanded payment in exchange for |
return of the
child or demanded that he or she be relieved |
of the financial or legal
obligation to support the child |
in exchange for return of the child;
|
(4) that the defendant has previously been convicted of |
child abduction;
|
(5) that the defendant committed the abduction while |
armed with a deadly
weapon or the taking of the child |
resulted in serious bodily injury to
another; or
|
(6) that the defendant committed the abduction while in |
a school,
regardless of the time of day or time of year; in |
a playground; on any
conveyance owned,
leased, or |
contracted by a school to transport students to or from |
school or a
school related activity; on the real property |
of a school;
or on a
public way within 1,000 feet of the |
real property comprising any school or
playground. For |
purposes of this paragraph (6), "playground" means a piece
|
of land owned or controlled by a unit of local government |
|
that is designated by
the unit of local government for use |
solely or primarily for children's
recreation;
and |
"school" means a public or private
elementary or secondary |
school, community college, college, or university.
|
(e) The court may order the child to be returned to the |
parent or lawful
custodian from whom the child was concealed, |
detained, or removed. In
addition to any sentence imposed, the |
court may assess any reasonable
expense incurred in searching |
for or returning the child against any
person convicted of |
violating this Section.
|
(f) Nothing contained in this Section shall be construed to |
limit the
court's contempt power.
|
(g) Every law enforcement officer investigating an alleged |
incident of
child abduction shall make a written police report |
of any bona fide
allegation and the disposition of that |
investigation. Every police report
completed pursuant to this |
Section shall be compiled and recorded within
the meaning of |
Section 5.1 of the Criminal Identification Act.
|
(h) Whenever a law enforcement officer has reasons to |
believe a child
abduction has occurred, she or he shall provide |
the lawful custodian a summary of
her or his rights under this |
Code, including the procedures and relief
available to her or |
him.
|
(i) If during the course of an investigation under this
|
Section the child is found in the physical custody of the |
defendant or
another, the law enforcement officer shall return |
|
the child to the parent
or lawful custodian from whom the child |
was concealed, detained, or removed,
unless there is good cause |
for the law enforcement officer or the
Department of Children |
and Family Services to retain temporary protective
custody of |
the child pursuant to the Abused and Neglected Child Reporting
|
Act.
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; |
97-160, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; |
97-998, eff. 1-1-13.)
|
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
|
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
|
(a) A person commits aggravated criminal sexual assault if |
that person commits criminal sexual assault and any of the |
following aggravating circumstances exist during the |
commission of the offense or, for purposes of paragraph (7), |
occur as part of the same course of conduct as the commission |
of the offense: |
(1) the person displays, threatens to use, or uses a |
dangerous weapon, other than a firearm, or any other object |
fashioned or used in a manner that leads the victim, under |
the circumstances, reasonably to believe that the object is |
a dangerous weapon; |
(2) the person causes bodily harm to the victim, except |
as provided in paragraph (10); |
(3) the person acts in a manner that threatens or |
|
endangers the life of the victim or any other person; |
(4) the person commits the criminal sexual assault |
during the course of committing or attempting to commit any |
other felony; |
(5) the victim is 60 years of age or older; |
(6) the victim is a person with a physical disability |
physically handicapped person ; |
(7) the person delivers (by injection, inhalation, |
ingestion, transfer of possession, or any other means) any |
controlled substance to the victim without the victim's |
consent or by threat or deception for other than medical |
purposes; |
(8) the person is armed with a firearm; |
(9) the person personally discharges a firearm during |
the commission of the offense; or |
(10) the person personally discharges a firearm during |
the commission of the offense, and that discharge |
proximately causes great bodily harm, permanent |
disability, permanent disfigurement, or death to another |
person.
|
(b) A person commits aggravated criminal sexual assault if
|
that person is under 17 years of age and: (i) commits an act of
|
sexual penetration with a victim who is under 9 years of age; |
or (ii) commits an act of sexual penetration with a victim
who |
is at least 9 years of age but under 13 years of age and the |
person uses force or threat of force to commit the act.
|
|
(c) A person commits aggravated criminal sexual assault if |
that person commits an act of sexual penetration with a victim |
who is a person with a severe or profound intellectual |
disability severely or
profoundly intellectually disabled |
person .
|
(d) Sentence.
|
(1) Aggravated criminal sexual assault in violation of |
paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) |
or in violation of
subsection (b) or
(c) is a Class X |
felony.
A violation of subsection (a)(1) is a Class X |
felony for which 10 years shall
be added to the term of |
imprisonment imposed by the court. A violation of
|
subsection (a)(8) is a Class X felony for which 15 years |
shall be added to the
term of imprisonment imposed by the |
court. A violation of
subsection (a)(9) is a Class X felony |
for which 20 years shall be added to the
term of |
imprisonment imposed by the court. A violation of |
subsection (a)(10) is
a Class X felony for which 25 years |
or up to a term of natural life
imprisonment shall be added |
to
the term of imprisonment imposed by the court.
|
(2) A person who is convicted of a second or subsequent |
offense of
aggravated criminal sexual assault, or who is |
convicted of the offense of
aggravated
criminal sexual |
assault after having previously been convicted of the |
offense
of criminal sexual assault or the offense of |
predatory criminal sexual assault
of a child, or who is |
|
convicted of the offense of aggravated criminal sexual
|
assault after having previously been convicted under the |
laws of this or any
other state of an offense that is |
substantially equivalent to the offense of
criminal sexual
|
assault, the offense of aggravated criminal sexual assault |
or the offense of
predatory criminal sexual assault of a |
child, shall be sentenced to a term of
natural life |
imprisonment.
The commission of the second or subsequent |
offense is required to have been
after the initial |
conviction for this paragraph (2) to apply.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
|
Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
|
(a) A person commits aggravated criminal sexual abuse if |
that person commits criminal sexual abuse and any of the |
following aggravating circumstances exist (i) during the |
commission of the offense or (ii) for purposes of paragraph |
(7), as part of the same course of conduct as the commission of |
the offense: |
(1) the person displays, threatens to use, or uses a |
dangerous weapon or any other object fashioned or used in a |
manner that leads the victim, under the circumstances, |
reasonably to believe that the object is a dangerous |
weapon; |
|
(2) the person causes bodily harm to the victim; |
(3) the victim is 60 years of age or older; |
(4) the victim is a person with a physical disability |
physically handicapped person ; |
(5) the person acts in a manner that threatens or |
endangers the life of the victim or any other person; |
(6) the person commits the criminal sexual abuse during |
the course of committing or attempting to commit any other |
felony; or |
(7) the person delivers (by injection, inhalation, |
ingestion, transfer of possession, or any other means) any |
controlled substance to the victim for other than medical |
purposes without the victim's consent or by threat or |
deception.
|
(b) A person commits aggravated criminal sexual abuse if |
that person
commits an act of sexual conduct with a victim who |
is under 18
years of age
and the person is a family member.
|
(c) A person commits aggravated criminal sexual abuse if:
|
(1) that person is 17 years of age or over and: (i) |
commits an act of
sexual
conduct with a victim who is under |
13 years of age; or
(ii) commits an act of sexual conduct |
with a victim who is at least 13
years of age but under 17 |
years of age and the
person uses force or threat of force |
to commit the act; or
|
(2) that person is under 17 years of age and: (i) |
commits an act of
sexual conduct with a victim who is under |
|
9 years of age; or (ii) commits an act of sexual conduct |
with a victim who is
at least 9 years of age but under 17 |
years of age and the person uses force or threat of force |
to commit the act.
|
(d) A person commits aggravated criminal sexual abuse if |
that person
commits an act of sexual penetration or sexual |
conduct with a victim
who is at least 13
years of age but under |
17 years of age and the person is at least 5 years
older than |
the victim.
|
(e) A person commits aggravated criminal sexual abuse if |
that person
commits an act of sexual conduct with a victim who |
is a
person with a severe or profound intellectual disability |
severely or profoundly intellectually disabled person .
|
(f) A person commits aggravated criminal sexual abuse if
|
that person commits an act of sexual conduct with a victim who |
is at least
13 years of age but under 18 years of age and
the |
person is 17 years of age or over and holds a position of |
trust,
authority, or supervision in relation to the victim.
|
(g) Sentence. Aggravated criminal sexual abuse is a Class 2 |
felony.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/11-14.1) |
Sec. 11-14.1. Solicitation of a sexual act. |
(a) Any person who offers a person not his or her spouse |
|
any money,
property, token, object, or article or anything of |
value for that person or any other person not his or her spouse |
to
perform any act of sexual penetration as defined in Section |
11-0.1 of this Code,
or any touching or fondling of the sex |
organs of one person by another person
for the purpose of |
sexual arousal or gratification, commits solicitation of a |
sexual act. |
(b) Sentence. Solicitation of a sexual act is a Class A |
misdemeanor. Solicitation of a sexual act from a person who is |
under the age of 18 or who is a person with a severe or profound |
intellectual disability severely or profoundly intellectually |
disabled is a Class 4 felony. If the court imposes a fine under |
this subsection (b), it shall be collected and distributed to |
the Specialized Services for Survivors of Human Trafficking |
Fund in accordance with Section 5-9-1.21 of the Unified Code of |
Corrections. |
(b-5) It is an affirmative defense to a charge of |
solicitation of a sexual act with a person who is under the age |
of 18 or who is a person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled that |
the accused reasonably believed the person was of the age of 18 |
years or over or was not a person with a severe or profound |
intellectual disability severely or profoundly intellectually |
disabled person at the time of the act giving rise to the |
charge. |
(c) This Section does not apply to a person engaged in |
|
prostitution who is under 18 years of age. |
(d) A person cannot be convicted under this Section if the |
practice of prostitution underlying the offense consists |
exclusively of the accused's own acts of prostitution under |
Section 11-14 of this Code. |
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; |
98-1013, eff. 1-1-15 .)
|
(720 ILCS 5/11-14.4) |
Sec. 11-14.4. Promoting juvenile prostitution. |
(a) Any person who knowingly performs any of the following |
acts commits promoting juvenile prostitution: |
(1) advances prostitution as defined in Section |
11-0.1, where the minor engaged in prostitution, or any |
person engaged in prostitution in the place, is under 18 |
years of age or is a person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled at the time of the offense; |
(2) profits from prostitution by any means where the |
prostituted person is under 18 years of age or is a person |
with a severe or profound intellectual disability severely |
or profoundly intellectually disabled at the time of the |
offense; |
(3) profits from prostitution by any means where the |
prostituted person is under 13 years of age at the time of |
the offense; |
|
(4) confines a child under the age of 18 or a person |
with a severe or profound intellectual disability severely |
or profoundly intellectually disabled person against his |
or her will by the infliction or threat of imminent |
infliction of great bodily harm or permanent disability or |
disfigurement or by administering to the child or the |
person with a severe or profound intellectual disability |
severely or profoundly intellectually disabled person , |
without his or her consent or by threat or deception and |
for other than medical purposes, any alcoholic intoxicant |
or a drug as defined in the Illinois Controlled Substances |
Act or the Cannabis Control Act or methamphetamine as |
defined in the Methamphetamine Control and Community |
Protection Act and: |
(A) compels the child or the person with a severe |
or profound intellectual disability severely or |
profoundly intellectually disabled person to engage in |
prostitution; |
(B) arranges a situation in which the child or the |
person with a severe or profound intellectual |
disability severely or profoundly intellectually |
disabled person may practice prostitution; or |
(C) profits from prostitution by the child or the |
person with a severe or profound intellectual |
disability severely or profoundly intellectually |
disabled person . |
|
(b) For purposes of this Section, administering drugs, as |
defined in subdivision (a)(4), or an alcoholic intoxicant to a |
child under the age of 13 or a person with a severe or profound |
intellectual disability severely or profoundly intellectually |
disabled person shall be deemed to be without consent if the |
administering is done without the consent of the parents or |
legal guardian or if the administering is performed by the |
parents or legal guardian for other than medical purposes. |
(c) If the accused did not have a reasonable opportunity to |
observe the prostituted person, it is an affirmative defense to |
a charge of promoting juvenile prostitution, except for a |
charge under subdivision (a)(4), that the accused reasonably |
believed the person was of the age of 18 years or over or was |
not a person with a severe or profound intellectual disability |
severely or profoundly intellectually disabled person at the |
time of the act giving rise to the charge. |
(d) Sentence. A violation of subdivision (a)(1) is a Class |
1 felony, unless committed within 1,000 feet of real property |
comprising a school, in which case it is a Class X felony. A |
violation of subdivision (a)(2) is a Class 1 felony. A |
violation of subdivision (a)(3) is a Class X felony. A |
violation of subdivision (a)(4) is a Class X felony, for which |
the person shall be sentenced to a term of imprisonment of not |
less than 6 years and not more than 60 years. A second or |
subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), |
or any combination of convictions under subdivision (a)(1), |
|
(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 |
(solicitation of a sexual act), 11-14.3 (promoting |
prostitution), 11-15 (soliciting for a prostitute), 11-15.1 |
(soliciting for a juvenile prostitute), 11-16 (pandering), |
11-17 (keeping a place of prostitution), 11-17.1 (keeping a |
place of juvenile prostitution), 11-18 (patronizing a |
prostitute), 11-18.1 (patronizing a juvenile prostitute), |
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated |
juvenile pimping), or 11-19.2 (exploitation of a child) of this |
Code, is a Class X felony. |
(e) Forfeiture. Any person convicted of a violation of this |
Section that involves promoting juvenile prostitution by |
keeping a place of juvenile prostitution or convicted of a |
violation of subdivision (a)(4) is subject to the property |
forfeiture provisions set forth in Article 124B of the Code of |
Criminal Procedure of 1963. |
(f) For the purposes of this Section, "prostituted person"
|
means any person who engages in, or agrees or offers to engage
|
in, any act of sexual penetration as defined in Section 11-0.1 |
of this Code for any money, property, token, object, or article
|
or anything of value, or any touching or fondling of the sex
|
organs of one person by another person, for any money,
|
property, token, object, or article or anything of value, for
|
the purpose of sexual arousal or gratification.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12; 97-1109, eff. 1-1-13.)
|
|
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) |
Sec. 11-18.1. Patronizing a minor engaged in prostitution. |
(a) Any person who
engages in an act of sexual penetration |
as defined in Section 11-0.1 of this
Code with a person engaged |
in prostitution who is under 18 years of age or is a person |
with a severe or profound intellectual disability severely or |
profoundly intellectually disabled person commits
patronizing |
a minor engaged in prostitution. |
(a-5) Any person who engages in any touching or fondling, |
with a person engaged in prostitution who either is under 18 |
years of age or is a person with a severe or profound |
intellectual disability severely or profoundly intellectually |
disabled person , of the sex organs of one person by the other |
person, with the intent to achieve sexual arousal or |
gratification, commits patronizing a minor engaged in |
prostitution. |
(b) It is an affirmative defense to the charge of |
patronizing a minor engaged in prostitution
that the accused |
reasonably believed that the person
was of the age of 18 years |
or over or was not a person with a severe or profound |
intellectual disability severely or profoundly intellectually |
disabled person at the time of the act giving rise to
the |
charge. |
(c) Sentence.
A person who commits patronizing a juvenile |
prostitute is guilty of a Class 3 felony, unless committed |
|
within 1,000 feet of real property comprising a school, in |
which case it is a Class 2 felony. A person convicted of a |
second or subsequent violation of this Section, or of any |
combination of such number of convictions under this Section |
and Sections 11-14 (prostitution), 11-14.1 (solicitation of a |
sexual act), 11-14.3 (promoting prostitution), 11-14.4 |
(promoting juvenile prostitution), 11-15 (soliciting for a |
prostitute), 11-15.1 (soliciting for a juvenile prostitute), |
11-16 (pandering), 11-17 (keeping a place of prostitution), |
11-17.1 (keeping a place of juvenile prostitution), 11-18 |
(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile |
pimping or aggravated juvenile pimping), or 11-19.2 |
(exploitation of a child) of this Code, is guilty of a Class 2 |
felony. The fact of such conviction is not an element of the |
offense and may not be disclosed to the jury during trial |
unless otherwise permitted by issues properly raised during |
such trial.
|
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; |
97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
|
Sec. 11-20.1. Child pornography.
|
(a) A person commits child pornography who:
|
(1) films, videotapes, photographs, or otherwise |
depicts or portrays by
means of any similar visual medium |
or reproduction or depicts by computer any
child whom he or |
|
she knows or reasonably should know to be under the age of |
18 or any
person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled |
person where such child or person with a severe or profound |
intellectual disability severely
or profoundly |
intellectually disabled person is:
|
(i) actually or by simulation engaged in any act of |
sexual
penetration or sexual conduct
with any person or |
animal; or
|
(ii) actually or by simulation engaged in any act |
of sexual
penetration or sexual conduct
involving the |
sex organs of the child or person with a severe or |
profound intellectual disability severely or
|
profoundly intellectually disabled person and the |
mouth, anus, or sex organs of
another person or animal; |
or which involves the mouth, anus or sex organs
of the |
child or person with a severe or profound intellectual |
disability severely or profoundly intellectually |
disabled
person and the sex organs of another person or |
animal; or
|
(iii) actually or by simulation engaged in any act |
of masturbation; or
|
(iv) actually or by simulation portrayed as being |
the object of, or
otherwise engaged in, any act of lewd |
fondling, touching, or caressing
involving another |
person or animal; or
|
|
(v) actually or by simulation engaged in any act of |
excretion or
urination within a sexual context; or
|
(vi) actually or by simulation portrayed or |
depicted as bound, fettered,
or subject to sadistic, |
masochistic, or sadomasochistic abuse in any sexual
|
context; or
|
(vii) depicted or portrayed in any pose, posture or |
setting involving
a lewd exhibition of the unclothed or |
transparently clothed genitals, pubic area, buttocks, |
or, if
such person is female, a fully or partially |
developed breast of the child
or other person; or
|
(2) with the knowledge of the nature or content |
thereof, reproduces,
disseminates, offers to disseminate, |
exhibits or possesses with intent to
disseminate any film, |
videotape, photograph or other similar visual
reproduction |
or depiction by computer of any child or person with a |
severe or profound intellectual disability severely or |
profoundly
intellectually disabled person whom the person |
knows or reasonably should know to be
under the age of 18 |
or to be a person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled |
person ,
engaged in any activity described in subparagraphs |
(i) through (vii) of
paragraph (1) of this subsection; or
|
(3) with knowledge of the subject matter or theme |
thereof, produces any
stage play, live performance, film, |
videotape or other similar visual
portrayal or depiction by |
|
computer which
includes a child whom the person knows or |
reasonably should
know to be under the age of 18 or a |
person with a severe or profound intellectual disability |
severely or
profoundly intellectually disabled person |
engaged in any activity described in
subparagraphs (i) |
through (vii) of paragraph (1) of this subsection; or
|
(4) solicits, uses, persuades, induces, entices, or |
coerces any child
whom he or she knows or reasonably should |
know to be under
the age of 18 or a person with a severe or |
profound intellectual disability severely or profoundly |
intellectually disabled person to appear in any stage play, |
live presentation, film,
videotape, photograph or other |
similar visual reproduction or depiction
by computer in |
which the
child or person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled person
is or will be depicted, |
actually or by simulation, in any act, pose or
setting |
described in subparagraphs (i) through (vii) of paragraph |
(1) of
this subsection; or
|
(5) is a parent, step-parent, legal guardian or other |
person having
care or custody
of a child whom the person |
knows or reasonably should know to be under
the age of 18 |
or a person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled |
person and who knowingly permits, induces, promotes, or |
arranges
for such child or person with a severe or profound |
|
intellectual disability severely or profoundly |
intellectually disabled
person to appear in any stage play, |
live performance, film, videotape,
photograph or other |
similar visual presentation, portrayal or simulation or
|
depiction by computer of any act or activity described in |
subparagraphs (i)
through (vii) of paragraph (1) of this |
subsection; or
|
(6) with knowledge of the nature or content thereof, |
possesses any film,
videotape, photograph or other similar |
visual reproduction or depiction by
computer of any child |
or person with a severe or profound intellectual disability |
severely or profoundly intellectually disabled person
whom |
the person knows or reasonably should know to be under the |
age of 18
or to be a person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled
person , engaged in any activity |
described in subparagraphs (i) through
(vii) of paragraph |
(1) of this subsection; or
|
(7) solicits, or knowingly uses, persuades, induces, |
entices, or coerces, a person
to provide a child under the |
age of 18 or a person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled person to appear in any videotape, |
photograph, film, stage play, live
presentation, or other |
similar visual reproduction or depiction by computer
in |
which the child or person with a severe or profound |
|
intellectual disability severely or profoundly |
intellectually disabled person will be
depicted, actually |
or by simulation, in any act, pose, or setting described in
|
subparagraphs (i) through (vii) of paragraph (1) of this |
subsection.
|
(a-5) The possession of each individual film, videotape, |
photograph, or other similar visual reproduction or depiction |
by computer in violation of this Section constitutes a single |
and separate violation. This subsection (a-5) does not apply to |
multiple copies of the same film, videotape, photograph, or |
other similar visual reproduction or depiction by computer that |
are identical to each other.
|
(b)(1) It shall be an affirmative defense to a charge of |
child
pornography that the defendant reasonably believed, |
under all of the
circumstances, that the child was 18 years of |
age or older or that the
person was not a person with a severe |
or profound intellectual disability severely or profoundly |
intellectually disabled person but only where, prior to the act |
or acts giving rise to a
prosecution under this Section, he or |
she took some affirmative action or made a
bonafide inquiry |
designed to ascertain whether the child was 18 years of
age or |
older or that the person was not a person with a severe or |
profound intellectual disability severely or
profoundly |
intellectually disabled person and his or her reliance upon the |
information
so obtained was clearly reasonable.
|
(1.5) Telecommunications carriers, commercial mobile |
|
service providers, and providers of information services, |
including, but not limited to, Internet service providers and |
hosting service providers, are not liable under this Section by |
virtue of the transmission, storage, or caching of electronic |
communications or messages of others or by virtue of the |
provision of other related telecommunications, commercial |
mobile services, or information services used by others in |
violation of this Section.
|
(2) (Blank).
|
(3) The charge of child pornography shall not apply to the |
performance
of official duties by law enforcement or |
prosecuting officers or persons employed by law enforcement or |
prosecuting agencies, court personnel
or attorneys, nor to |
bonafide treatment or professional education programs
|
conducted by licensed physicians, psychologists or social |
workers.
|
(4) If the defendant possessed more than one of the same |
film,
videotape or visual reproduction or depiction by computer |
in which child
pornography is depicted, then the trier of fact |
may infer
that the defendant possessed such
materials with the |
intent to disseminate them.
|
(5) The charge of child pornography does not apply to a |
person who does
not voluntarily possess a film, videotape, or |
visual reproduction or depiction
by computer in which child |
pornography is depicted. Possession is voluntary if
the |
defendant knowingly procures or receives a film, videotape, or |
|
visual
reproduction or depiction for a sufficient time to be |
able to terminate his
or her possession.
|
(6) Any violation of paragraph (1), (2), (3), (4), (5), or |
(7) of subsection (a) that includes a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context shall |
be deemed a crime of violence. |
(c) If the violation does not involve a film, videotape, or |
other moving depiction, a violation of paragraph (1), (4), (5), |
or (7) of subsection (a) is a
Class 1 felony with a mandatory |
minimum fine of $2,000 and a maximum fine of
$100,000. If the |
violation involves a film, videotape, or other moving |
depiction, a violation of paragraph (1), (4), (5), or (7) of |
subsection (a) is a
Class X felony with a mandatory minimum |
fine of $2,000 and a maximum fine of
$100,000. If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation of paragraph (3) of subsection (a) is a Class 1 |
felony
with a mandatory minimum fine of $1500 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of paragraph (3) of |
subsection (a) is a Class X felony
with a mandatory minimum |
fine of $1500 and a maximum fine of $100,000.
If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation
of paragraph (2) of subsection (a) is a Class 1 |
felony with a
mandatory minimum fine of $1000 and a maximum |
|
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of paragraph (2) of |
subsection (a) is a Class X felony with a
mandatory minimum |
fine of $1000 and a maximum fine of $100,000. If the violation |
does not involve a film, videotape, or other moving depiction, |
a violation of
paragraph (6) of subsection (a) is a Class 3 |
felony with a mandatory
minimum fine of $1000 and a maximum |
fine of $100,000. If the violation involves a film, videotape, |
or other moving depiction, a violation of
paragraph (6) of |
subsection (a) is a Class 2 felony with a mandatory
minimum |
fine of $1000 and a maximum fine of $100,000.
|
(c-5) Where the child depicted is under the age of 13, a |
violation of paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) is a Class X felony with a mandatory minimum |
fine of $2,000 and a maximum fine of $100,000. Where the child |
depicted is under the age of 13, a violation of paragraph (6) |
of subsection (a) is a Class 2 felony with a mandatory minimum |
fine of $1,000 and a maximum fine of $100,000. Where the child |
depicted is under the age of 13, a person who commits a |
violation of paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) where the defendant has previously been |
convicted under the laws of this State or any other state of |
the offense of child pornography, aggravated child |
pornography, aggravated criminal sexual abuse, aggravated |
criminal sexual assault, predatory criminal sexual assault of a |
child, or any of the offenses formerly known as rape, deviate |
|
sexual assault, indecent liberties with a child, or aggravated |
indecent liberties with a child where the victim was under the |
age of 18 years or an offense that is substantially equivalent |
to those offenses, is guilty of a Class X felony for which the |
person shall be sentenced to a term of imprisonment of not less |
than 9 years with a mandatory minimum fine of $2,000 and a |
maximum fine of $100,000.
Where the child depicted is under the |
age of 13, a person who commits a violation of paragraph (6) of |
subsection (a) where the defendant has previously been |
convicted under the laws of this State or any other state of |
the offense of child pornography, aggravated child |
pornography, aggravated criminal sexual abuse, aggravated |
criminal sexual assault, predatory criminal sexual assault of a |
child, or any of the offenses formerly known as rape, deviate |
sexual assault, indecent liberties with a child, or aggravated |
indecent liberties with a child where the victim was under the |
age of 18 years or an offense that is substantially equivalent |
to those offenses, is guilty of a Class 1 felony with a |
mandatory minimum fine of $1,000 and a maximum fine of |
$100,000. The issue of whether the child depicted is under the |
age of 13 is an element of the offense to be resolved by the |
trier of fact. |
(d) If a person is convicted of a second or subsequent |
violation of
this Section within 10 years of a prior |
conviction, the court shall order a
presentence psychiatric |
examination of the person. The examiner shall report
to the |
|
court whether treatment of the person is necessary.
|
(e) Any film, videotape, photograph or other similar visual |
reproduction
or depiction by computer which includes a child |
under the age of 18 or a
person with a severe or profound |
intellectual disability severely or profoundly intellectually |
disabled person engaged in any activity
described in |
subparagraphs (i) through (vii) or paragraph 1 of subsection
|
(a), and any material or equipment used or intended for use in |
photographing,
filming, printing, producing, reproducing, |
manufacturing, projecting,
exhibiting, depiction by computer, |
or disseminating such material shall be
seized and forfeited in |
the manner, method and procedure provided by Section
36-1 of |
this Code for the seizure and forfeiture of vessels, vehicles |
and
aircraft.
|
In addition, any person convicted under this Section is |
subject to the property forfeiture provisions set forth in |
Article 124B of the Code of Criminal Procedure of 1963. |
(e-5) Upon the conclusion of a case brought under this |
Section, the court
shall seal all evidence depicting a victim |
or witness that is sexually
explicit. The evidence may be |
unsealed and viewed, on a motion of the party
seeking to unseal |
and view the evidence, only for good cause shown and in the
|
discretion of the court. The motion must expressly set forth |
the purpose for
viewing the material. The State's attorney and |
the victim, if possible, shall
be provided reasonable notice of |
the hearing on the motion to unseal the
evidence. Any person |
|
entitled to notice of a hearing under this subsection
(e-5) may |
object to the motion.
|
(f) Definitions. For the purposes of this Section:
|
(1) "Disseminate" means (i) to sell, distribute, |
exchange or transfer
possession, whether with or without |
consideration or (ii) to make a depiction
by computer |
available for distribution or downloading through the |
facilities
of any telecommunications network or through |
any other means of transferring
computer programs or data |
to a computer.
|
(2) "Produce" means to direct, promote, advertise, |
publish, manufacture,
issue, present or show.
|
(3) "Reproduce" means to make a duplication or copy.
|
(4) "Depict by computer" means to generate or create, |
or cause to be
created or generated, a computer program or |
data that, after being processed by
a computer either alone |
or in conjunction with one or more computer programs,
|
results in a visual depiction on a computer monitor, |
screen, or display.
|
(5) "Depiction by computer" means a computer program or |
data that, after
being processed by a computer either alone |
or in conjunction with one or more
computer programs, |
results in a visual depiction on a computer monitor, |
screen,
or display.
|
(6) "Computer", "computer program", and "data" have |
the meanings
ascribed to them in Section 16D-2 of this |
|
Code.
|
(7) For the purposes of this Section, "child |
pornography" includes a film, videotape, photograph, or |
other similar
visual medium or reproduction or depiction by |
computer that is, or appears to
be, that of a person, |
either in part, or in total, under the age of 18 or a |
person with a severe or profound intellectual disability |
severely or profoundly intellectually disabled person ,
|
regardless of the method by which the film, videotape, |
photograph, or other
similar visual medium or reproduction |
or depiction by computer is created,
adopted, or modified |
to appear as such. "Child pornography" also includes a |
film,
videotape, photograph, or other similar visual |
medium or reproduction or
depiction by computer that is |
advertised, promoted, presented, described, or
distributed |
in such a manner that conveys the impression that the film,
|
videotape, photograph, or other similar visual medium or |
reproduction or
depiction by computer is of a person under |
the age of 18 or a person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled person .
|
(g) Re-enactment; findings; purposes.
|
(1) The General Assembly finds and declares that:
|
(i) Section 50-5 of Public Act 88-680, effective |
January 1, 1995,
contained provisions amending the |
child pornography statute, Section 11-20.1
of the |
|
Criminal Code of 1961. Section 50-5 also contained |
other provisions.
|
(ii) In addition, Public Act 88-680 was entitled |
"AN ACT to create a
Safe Neighborhoods Law". (A) |
Article 5 was entitled JUVENILE JUSTICE and
amended the |
Juvenile Court Act of 1987. (B) Article 15 was entitled |
GANGS and
amended various provisions of the Criminal |
Code of 1961 and the Unified Code
of Corrections. (C) |
Article 20 was entitled ALCOHOL ABUSE and amended |
various
provisions of the Illinois Vehicle Code. (D) |
Article 25 was entitled DRUG
ABUSE and amended the |
Cannabis Control Act and the Illinois Controlled
|
Substances Act. (E) Article 30 was entitled FIREARMS |
and amended the Criminal
Code of 1961 and the Code of |
Criminal Procedure of 1963. (F) Article 35
amended the |
Criminal Code of 1961, the Rights of Crime Victims and |
Witnesses
Act, and the Unified Code of Corrections. (G) |
Article 40 amended the Criminal
Code of 1961 to |
increase the penalty for compelling organization |
membership of
persons. (H) Article 45 created the |
Secure Residential Youth Care Facility
Licensing Act |
and amended the State Finance Act, the Juvenile Court |
Act of
1987, the Unified Code of Corrections, and the |
Private Correctional Facility
Moratorium Act. (I) |
Article 50 amended the WIC Vendor Management Act, the
|
Firearm Owners Identification Card Act, the Juvenile |
|
Court Act of 1987, the
Criminal Code of 1961, the |
Wrongs to Children Act, and the Unified Code of
|
Corrections.
|
(iii) On September 22, 1998, the Third District |
Appellate Court in
People v. Dainty, 701 N.E. 2d 118, |
ruled that Public Act 88-680 violates the
single |
subject clause of the Illinois Constitution (Article |
IV, Section 8 (d))
and was unconstitutional in its |
entirety. As of the time this amendatory Act
of 1999 |
was prepared, People v. Dainty was still subject to |
appeal.
|
(iv) Child pornography is a vital concern to the |
people of this State
and the validity of future |
prosecutions under the child pornography statute of
|
the Criminal Code of 1961 is in grave doubt.
|
(2) It is the purpose of this amendatory Act of 1999 to |
prevent or
minimize any problems relating to prosecutions |
for child pornography that may
result from challenges to |
the constitutional validity of Public Act 88-680 by
|
re-enacting the Section relating to child pornography that |
was included in
Public Act 88-680.
|
(3) This amendatory Act of 1999 re-enacts Section |
11-20.1 of the
Criminal Code of 1961, as it has been |
amended. This re-enactment is intended
to remove any |
question as to the validity or content of that Section; it |
is not
intended to supersede any other Public Act that |
|
amends the text of the Section
as set forth in this |
amendatory Act of 1999. The material is shown as existing
|
text (i.e., without underscoring) because, as of the time |
this amendatory Act
of 1999 was prepared, People v. Dainty |
was subject to appeal to the Illinois
Supreme Court.
|
(4) The re-enactment by this amendatory Act of 1999 of |
Section 11-20.1 of
the Criminal Code of 1961 relating to |
child pornography that was amended by
Public Act 88-680 is |
not intended, and shall not be construed, to imply that
|
Public Act 88-680 is invalid or to limit or impair any |
legal argument
concerning whether those provisions were |
substantially re-enacted by other
Public Acts.
|
(Source: P.A. 97-157, eff. 1-1-12; 97-227, eff. 1-1-12; 97-995, |
eff. 1-1-13; 97-1109, eff. 1-1-13; 98-437, eff. 1-1-14 .)
|
(720 ILCS 5/12-0.1)
|
Sec. 12-0.1. Definitions. In this Article, unless the |
context clearly requires otherwise: |
"Bona fide labor dispute" means any controversy concerning |
wages, salaries, hours, working conditions, or benefits, |
including health and welfare, sick leave, insurance, and |
pension or retirement provisions, the making or maintaining of |
collective bargaining agreements, and the terms to be included |
in those agreements. |
"Coach" means a person recognized as a coach by the |
sanctioning authority that conducts an athletic contest. |
|
"Correctional institution employee" means a person |
employed by a penal institution. |
"Emergency medical technician" includes a paramedic, |
ambulance driver, first aid worker, hospital worker, or other |
medical assistance worker. |
"Family or household members" include spouses, former |
spouses, parents, children, stepchildren, and other persons |
related by blood or by present or prior marriage, persons who |
share or formerly shared a common dwelling, persons who have or |
allegedly have a child in common, persons who share or |
allegedly share a blood relationship through a child, persons |
who have or have had a dating or engagement relationship, |
persons with disabilities and their personal assistants, and |
caregivers as defined in Section 12-4.4a of this Code. For |
purposes of this Article, neither a casual acquaintanceship nor |
ordinary fraternization between 2 individuals in business or |
social contexts shall be deemed to constitute a dating |
relationship. |
"In the presence of a child" means in the physical presence |
of a child or knowing or having reason to know that a child is |
present and may see or hear an act constituting an offense. |
"Park district employee" means a supervisor, director, |
instructor, or other person employed by a park district. |
" Person with a physical disability Physically handicapped |
person " means a person who suffers from a permanent and |
disabling physical characteristic, resulting from disease, |
|
injury, functional disorder, or congenital condition. |
"Private security officer" means a registered employee of a |
private security contractor agency under the Private |
Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004. |
"Probation officer" means a person as defined in the |
Probation and Probation Officers Act. |
"Sports official" means a person at an athletic contest who |
enforces the rules of the contest, such as an umpire or |
referee. |
"Sports venue" means a publicly or privately owned sports |
or entertainment arena, stadium, community or convention hall, |
special event center, or amusement facility, or a special event |
center in a public park, during the 12 hours before or after |
the sanctioned sporting event. |
"Streetgang", "streetgang member", and "criminal street |
gang" have the meanings ascribed to those terms in Section 10 |
of the Illinois Streetgang Terrorism Omnibus Prevention Act. |
"Transit employee" means a driver, operator, or employee of |
any transportation facility or system engaged in the business |
of transporting the public for hire. |
"Transit passenger" means a passenger of any |
transportation facility or system engaged in the business of |
transporting the public for hire, including a passenger using |
any area designated by a transportation facility or system as a |
vehicle boarding, departure, or transfer location. |
|
"Utility worker" means any of the following: |
(1) A person employed by a public utility as defined in |
Section 3-105 of the Public Utilities Act. |
(2) An employee of a municipally owned utility. |
(3) An employee of a cable television company. |
(4) An employee of an electric cooperative as defined |
in Section 3-119 of the Public Utilities Act. |
(5) An independent contractor or an employee of an |
independent contractor working on behalf of a cable |
television company, public utility, municipally owned |
utility, or electric cooperative. |
(6) An employee of a telecommunications carrier as |
defined in Section 13-202 of the Public Utilities Act, or |
an independent contractor or an employee of an independent |
contractor working on behalf of a telecommunications |
carrier. |
(7) An employee of a telephone or telecommunications |
cooperative as defined in Section 13-212 of the Public |
Utilities Act, or an independent contractor or an employee |
of an independent contractor working on behalf of a |
telephone or telecommunications cooperative.
|
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
|
Sec. 12-2. Aggravated assault.
|
(a) Offense based on location of conduct. A person commits |
|
aggravated assault when he or she commits an assault against an |
individual who is on or about a public way, public property, a |
public place of accommodation or amusement, or a sports venue. |
(b) Offense based on status of victim. A person commits |
aggravated assault when, in committing an assault, he or she |
knows the individual assaulted to be any of the following: |
(1) A person with a physical disability physically |
handicapped person or a person 60 years of age or older and |
the assault is without legal justification. |
(2) A teacher or school employee upon school grounds or |
grounds adjacent to a school or in any part of a building |
used for school purposes. |
(3) A park district employee upon park grounds or |
grounds adjacent to a park or in any part of a building |
used for park purposes. |
(4) A peace officer, community policing volunteer, |
fireman, private security officer, emergency management |
worker, emergency medical technician, or utility worker: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(5) A correctional officer or probation officer: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
|
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(6) A correctional institution employee, a county |
juvenile detention center employee who provides direct and |
continuous supervision of residents of a juvenile |
detention center, including a county juvenile detention |
center employee who supervises recreational activity for |
residents of a juvenile detention center, or a Department |
of Human Services employee, Department of Human Services |
officer, or employee of a subcontractor of the Department |
of Human Services supervising or controlling sexually |
dangerous persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(7) An employee of the State of Illinois, a municipal |
corporation therein, or a political subdivision thereof, |
performing his or her official duties. |
(8) A transit employee performing his or her official |
duties, or a transit passenger. |
(9) A sports official or coach actively participating |
in any level of athletic competition within a sports venue, |
on an indoor playing field or outdoor playing field, or |
|
within the immediate vicinity of such a facility or field. |
(10) A person authorized to serve process under Section |
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court, while that |
individual is in the performance of his or her duties as a |
process server. |
(c) Offense based on use of firearm, device, or motor |
vehicle. A person commits aggravated assault when, in |
committing an assault, he or she does any of the following: |
(1) Uses a deadly weapon, an air rifle as defined in |
Section 24.8-0.1 of this Act the Air Rifle Act , or any |
device manufactured and designed to be substantially |
similar in appearance to a firearm, other than by |
discharging a firearm. |
(2) Discharges a firearm, other than from a motor |
vehicle. |
(3) Discharges a firearm from a motor vehicle. |
(4) Wears a hood, robe, or mask to conceal his or her |
identity. |
(5) Knowingly and without lawful justification shines |
or flashes a laser gun sight or other laser device attached |
to a firearm, or used in concert with a firearm, so that |
the laser beam strikes near or in the immediate vicinity of |
any person. |
(6) Uses a firearm, other than by discharging the |
firearm, against a peace officer, community policing |
|
volunteer, fireman, private security officer, emergency |
management worker, emergency medical technician, employee |
of a police department, employee of a sheriff's department, |
or traffic control municipal employee: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(7) Without justification operates a motor vehicle in a |
manner which places a person, other than a person listed in |
subdivision (b)(4), in reasonable apprehension of being |
struck by the moving motor vehicle. |
(8) Without justification operates a motor vehicle in a |
manner which places a person listed in subdivision (b)(4), |
in reasonable apprehension of being struck by the moving |
motor vehicle. |
(9) Knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(d) Sentence. Aggravated assault as defined in subdivision |
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that |
aggravated assault as defined in subdivision (b)(4) and (b)(7) |
is a Class 4 felony if a Category I, Category II, or Category |
III weapon is used in the commission of the assault. Aggravated |
assault as defined in subdivision (b)(5), (b)(6), (b)(10), |
|
(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
is a Class 3 felony. |
(e) For the purposes of this Section, "Category I weapon", |
"Category II weapon, and "Category III weapon" have the |
meanings ascribed to those terms in Section 33A-1 of this Code.
|
(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; |
97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. |
1-1-14; revised 12-10-14.)
|
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
|
Sec. 12-3.05. Aggravated battery.
|
(a) Offense based on injury. A person commits aggravated |
battery when, in committing a battery, other than by the |
discharge of a firearm, he or she knowingly does any of the |
following: |
(1) Causes great bodily harm or permanent disability or |
disfigurement. |
(2) Causes severe and permanent disability, great |
bodily harm, or disfigurement by means of a caustic or |
flammable substance, a poisonous gas, a deadly biological |
or chemical contaminant or agent, a radioactive substance, |
or a bomb or explosive compound. |
(3) Causes great bodily harm or permanent disability or |
disfigurement to an individual whom the person knows to be |
a peace officer, community policing volunteer, fireman, |
|
private security officer, correctional institution |
employee, or Department of Human Services employee |
supervising or controlling sexually dangerous persons or |
sexually violent persons: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(4) Causes great bodily harm or permanent disability or |
disfigurement to an individual 60 years of age or older. |
(5) Strangles another individual. |
(b) Offense based on injury to a child or person with an |
intellectual disability intellectually disabled person . A |
person who is at least 18 years of age commits aggravated |
battery when, in committing a battery, he or she knowingly and |
without legal justification by any means: |
(1) causes great bodily harm or permanent disability or |
disfigurement to any child under the age of 13 years, or to |
any person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled |
person ; or |
(2) causes bodily harm or disability or disfigurement |
to any child under the age of 13 years or to any person |
with a severe or profound intellectual disability severely |
or profoundly intellectually disabled person . |
|
(c) Offense based on location of conduct. A person commits |
aggravated battery when, in committing a battery, other than by |
the discharge of a firearm, he or she is or the person battered |
is on or about a public way, public property, a public place of |
accommodation or amusement, a sports venue, or a domestic |
violence shelter. |
(d) Offense based on status of victim. A person commits |
aggravated battery when, in committing a battery, other than by |
discharge of a firearm, he or she knows the individual battered |
to be any of the following: |
(1) A person 60 years of age or older. |
(2) A person who is pregnant or has a physical |
disability physically handicapped . |
(3) A teacher or school employee upon school grounds or |
grounds adjacent to a school or in any part of a building |
used for school purposes. |
(4) A peace officer, community policing volunteer, |
fireman, private security officer, correctional |
institution employee, or Department of Human Services |
employee supervising or controlling sexually dangerous |
persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
|
(5) A judge, emergency management worker, emergency |
medical technician, or utility worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(6) An officer or employee of the State of Illinois, a |
unit of local government, or a school district, while |
performing his or her official duties. |
(7) A transit employee performing his or her official |
duties, or a transit passenger. |
(8) A taxi driver on duty. |
(9) A merchant who detains the person for an alleged |
commission of retail theft under Section 16-26 of this Code |
and the person without legal justification by any means |
causes bodily harm to the merchant. |
(10) A person authorized to serve process under Section |
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court while that individual |
is in the performance of his or her duties as a process |
server. |
(11) A nurse while in the performance of his or her |
duties as a nurse. |
(e) Offense based on use of a firearm. A person commits |
aggravated battery when, in committing a battery, he or she |
|
knowingly does any of the following: |
(1) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
another person. |
(2) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
a person he or she knows to be a peace officer, community |
policing volunteer, person summoned by a police officer, |
fireman, private security officer, correctional |
institution employee, or emergency management worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(3) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
a person he or she knows to be an emergency medical |
technician employed by a municipality or other |
governmental unit: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(4) Discharges a firearm and causes any injury to a |
|
person he or she knows to be a teacher, a student in a |
school, or a school employee, and the teacher, student, or |
employee is upon school grounds or grounds adjacent to a |
school or in any part of a building used for school |
purposes. |
(5) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to another person. |
(6) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be a peace officer, community policing volunteer, |
person summoned by a police officer, fireman, private |
security officer, correctional institution employee or |
emergency management worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(7) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be an emergency medical technician employed by a |
municipality or other governmental unit: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
|
or her official duties. |
(8) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be a teacher, or a student in a school, or a |
school employee, and the teacher, student, or employee is |
upon school grounds or grounds adjacent to a school or in |
any part of a building used for school purposes. |
(f) Offense based on use of a weapon or device. A person |
commits aggravated battery when, in committing a battery, he or |
she does any of the following: |
(1) Uses a deadly weapon other than by discharge of a |
firearm, or uses an air rifle as defined in Section |
24.8-0.1 of this Code. |
(2) Wears a hood, robe, or mask to conceal his or her |
identity. |
(3) Knowingly and without lawful justification shines |
or flashes a laser gunsight or other laser device attached |
to a firearm, or used in concert with a firearm, so that |
the laser beam strikes upon or against the person of |
another. |
(4) Knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(g) Offense based on certain conduct. A person commits |
aggravated battery when, other than by discharge of a firearm, |
he or she does any of the following: |
(1) Violates Section 401 of the Illinois Controlled |
|
Substances Act by unlawfully delivering a controlled |
substance to another and any user experiences great bodily |
harm or permanent disability as a result of the injection, |
inhalation, or ingestion of any amount of the controlled |
substance. |
(2) Knowingly administers to an individual or causes |
him or her to take, without his or her consent or by threat |
or deception, and for other than medical purposes, any |
intoxicating, poisonous, stupefying, narcotic, anesthetic, |
or controlled substance, or gives to another person any |
food containing any substance or object intended to cause |
physical injury if eaten. |
(3) Knowingly causes or attempts to cause a |
correctional institution employee or Department of Human |
Services employee to come into contact with blood, seminal |
fluid, urine, or feces by throwing, tossing, or expelling |
the fluid or material, and the person is an inmate of a |
penal institution or is a sexually dangerous person or |
sexually violent person in the custody of the Department of |
Human Services. |
(h) Sentence. Unless otherwise provided, aggravated |
battery is a Class 3 felony. |
Aggravated battery as defined in subdivision (a)(4), |
(d)(4), or (g)(3) is a Class 2 felony. |
Aggravated battery as defined in subdivision (a)(3) or |
(g)(1) is a Class 1 felony. |
|
Aggravated battery as defined in subdivision (a)(1) is a |
Class 1 felony when the aggravated battery was intentional and |
involved the infliction of torture, as defined in paragraph |
(14) of subsection (b) of Section 9-1 of this Code, as the |
infliction of or subjection to extreme physical pain, motivated |
by an intent to increase or prolong the pain, suffering, or |
agony of the victim. |
Aggravated battery under subdivision (a)(5) is a
Class 1 |
felony if: |
(A) the person used or attempted to use a dangerous
|
instrument while committing the offense; or |
(B) the person caused great bodily harm or
permanent |
disability or disfigurement to the other
person while |
committing the offense; or |
(C) the person has been previously convicted of a
|
violation of subdivision (a)(5) under the laws of this
|
State or laws similar to subdivision (a)(5) of any other
|
state. |
Aggravated battery as defined in subdivision (e)(1) is a |
Class X felony. |
Aggravated battery as defined in subdivision (a)(2) is a |
Class X felony for which a person shall be sentenced to a term |
of imprisonment of a minimum of 6 years and a maximum of 45 |
years. |
Aggravated battery as defined in subdivision (e)(5) is a |
Class X felony for which a person shall be sentenced to a term |
|
of imprisonment of a minimum of 12 years and a maximum of 45 |
years. |
Aggravated battery as defined in subdivision (e)(2), |
(e)(3), or (e)(4) is a Class X felony for which a person shall |
be sentenced to a term of imprisonment of a minimum of 15 years |
and a maximum of 60 years. |
Aggravated battery as defined in subdivision (e)(6), |
(e)(7), or (e)(8) is a Class X felony for which a person shall |
be sentenced to a term of imprisonment of a minimum of 20 years |
and a maximum of 60 years. |
Aggravated battery as defined in subdivision (b)(1) is a |
Class X felony, except that: |
(1) if the person committed the offense while armed |
with a firearm, 15 years shall be added to the term of |
imprisonment imposed by the court; |
(2) if, during the commission of the offense, the |
person personally discharged a firearm, 20 years shall be |
added to the term of imprisonment imposed by the court; |
(3) if, during the commission of the offense, the |
person personally discharged a firearm that proximately |
caused great bodily harm, permanent disability, permanent |
disfigurement, or death to another person, 25 years or up |
to a term of natural life shall be added to the term of |
imprisonment imposed by the court. |
(i) Definitions. For the purposes of this Section: |
"Building or other structure used to provide shelter" has |
|
the meaning ascribed to "shelter" in Section 1 of the Domestic |
Violence Shelters Act. |
"Domestic violence" has the meaning ascribed to it in |
Section 103 of the Illinois Domestic Violence Act of 1986. |
"Domestic violence shelter" means any building or other |
structure used to provide shelter or other services to victims |
or to the dependent children of victims of domestic violence |
pursuant to the Illinois Domestic Violence Act of 1986 or the |
Domestic Violence Shelters Act, or any place within 500 feet of |
such a building or other structure in the case of a person who |
is going to or from such a building or other structure. |
"Firearm" has the meaning provided under Section 1.1
of the |
Firearm Owners Identification Card Act, and does
not include an |
air rifle as defined by Section 24.8-0.1 of this Code. |
"Machine gun" has the meaning ascribed to it in Section |
24-1 of this Code. |
"Merchant" has the meaning ascribed to it in Section 16-0.1 |
of this Code. |
"Strangle" means
intentionally impeding the normal |
breathing or circulation of the blood of an individual by |
applying pressure on the throat
or neck of that individual or |
by blocking the nose or mouth of
that individual.
|
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. |
1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, |
eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
eff. 7-16-14.)
|
|
(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
|
Sec. 12C-10. Child abandonment.
|
(a) A person commits child abandonment when he or
she, as a |
parent, guardian, or other person having physical custody or |
control
of a child, without regard for the mental or physical |
health, safety, or
welfare of that child, knowingly leaves that |
child who is under the age of 13
without supervision by a |
responsible person over the age of 14 for a period of
24 hours |
or more. It is not a violation of this Section for a person to |
relinquish a child in accordance with the
Abandoned Newborn |
Infant Protection Act.
|
(b) For the purposes of determining whether the child was |
left without
regard for the mental or physical health, safety, |
or welfare of that child, the
trier of fact shall consider the |
following factors:
|
(1) the age of the child;
|
(2) the number of children left at the location;
|
(3) special needs of the child, including whether the |
child is a person with a physical or mental disability is |
physically
or mentally handicapped , or otherwise in need of |
ongoing prescribed medical
treatment such as periodic |
doses of insulin or other medications;
|
(4) the duration of time in which the child was left |
without supervision;
|
(5) the condition and location of the place where the |
|
child was left
without supervision;
|
(6) the time of day or night when the child was left |
without supervision;
|
(7) the weather conditions, including whether the |
child was left in a
location with adequate protection from |
the natural elements such as adequate
heat or light;
|
(8) the location of the parent, guardian, or other |
person having physical
custody or control of the child at |
the time the child was left without
supervision, the |
physical distance the child was from the parent, guardian, |
or
other person having physical custody or control of the |
child at the time the
child was without supervision;
|
(9) whether the child's movement was restricted, or the |
child was
otherwise locked within a room or other |
structure;
|
(10) whether the child was given a phone number of a |
person
or location to call in the event of an emergency and |
whether the child was
capable of making an emergency call;
|
(11) whether there was food and other provision left |
for the child;
|
(12) whether any of the conduct is attributable to |
economic hardship or
illness and the parent, guardian or |
other person having physical custody or
control of the |
child made a good faith effort to provide for the health |
and
safety of the child;
|
(13) the age and physical and mental capabilities of |
|
the person or persons
who provided supervision for the |
child;
|
(14) any other factor that would endanger the health or |
safety of that
particular child;
|
(15) whether the child was left under the supervision |
of another person.
|
(c) Child abandonment is a Class 4 felony. A second or |
subsequent offense
after a prior conviction is a Class 3 |
felony. A parent, who is found to be in violation of this |
Section with respect to his or her child, may be sentenced to |
probation for this offense pursuant to Section 12C-15.
|
(Source: P.A. 97-1109, eff. 1-1-13; 98-756, eff. 7-16-14.)
|
(720 ILCS 5/16-30) |
Sec. 16-30. Identity theft; aggravated identity theft.
|
(a) A person commits identity theft when he or
she
|
knowingly:
|
(1) uses any personal
identifying information or |
personal identification document of another
person to |
fraudulently obtain credit, money, goods, services, or |
other
property;
|
(2) uses any personal identification information or |
personal
identification document of another with intent to |
commit any felony not set forth in
paragraph (1) of this |
subsection (a);
|
(3) obtains, records, possesses, sells, transfers, |
|
purchases, or
manufactures any personal identification |
information or personal
identification document of another |
with intent to commit any felony;
|
(4) uses, obtains, records, possesses, sells, |
transfers, purchases,
or manufactures any personal |
identification information or
personal identification |
document of another knowing that such
personal |
identification information or personal identification
|
documents were stolen or produced without lawful |
authority;
|
(5) uses, transfers, or possesses document-making |
implements to
produce false identification or false |
documents with knowledge that
they will be used by the |
person or another to commit any felony;
|
(6) uses any personal identification information or |
personal identification document of another to portray |
himself or herself as that person, or otherwise, for the |
purpose of gaining access to any personal identification |
information or personal identification document of that |
person, without the prior express permission of that |
person; |
(7) uses any personal identification information or |
personal identification document of another for the |
purpose of gaining access to any record of the actions |
taken, communications made or received, or other |
activities or transactions of that person, without the |
|
prior express permission of that person;
|
(7.5) uses, possesses, or transfers a radio frequency |
identification device capable of obtaining or processing |
personal identifying information from a radio frequency |
identification (RFID) tag or transponder with knowledge |
that the device will be used by the person or another to |
commit a felony violation of State law or any violation of |
this Article; or |
(8) in the course of applying for a building permit |
with a unit of local government, provides the license |
number of a roofing or fire sprinkler contractor whom he or |
she does not intend to have perform the work on the roofing |
or fire sprinkler portion of the project; it is an |
affirmative defense to prosecution under this paragraph |
(8) that the building permit applicant promptly informed |
the unit of local government that issued the building |
permit of any change in the roofing or fire sprinkler |
contractor. |
(b) Aggravated identity theft. A person commits aggravated |
identity theft when he or she commits identity theft as set |
forth in subsection (a) of this Section: |
(1) against a person 60 years of age or older or a |
person with a disability; or |
(2) in furtherance of the activities of an organized |
gang. |
A defense to aggravated identity theft does not exist |
|
merely because the accused reasonably believed the victim to be |
a person less than 60 years of age. For the purposes of this |
subsection, "organized gang" has the meaning ascribed in |
Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act. |
(c) Knowledge shall be determined by an evaluation of all |
circumstances
surrounding the use of the other
person's |
identifying information or document.
|
(d) When a charge of identity theft or aggravated identity |
theft of credit, money, goods,
services, or other property
|
exceeding a specified value is brought, the value of the |
credit, money, goods,
services, or other property is
an element |
of the offense to be resolved by the trier of fact as either
|
exceeding or not exceeding the
specified value.
|
(e) Sentence.
|
(1) Identity theft. |
(A) A person convicted of identity theft in |
violation of paragraph (1)
of subsection (a) shall be |
sentenced as follows:
|
(i) Identity theft of credit, money, goods, |
services, or
other
property not exceeding $300 in
|
value is a Class 4 felony. A person who has been |
previously convicted of
identity theft of
less |
than $300 who is convicted of a second or |
subsequent offense of
identity theft of less than
|
$300 is guilty of a Class 3 felony. A person who |
|
has been convicted of identity
theft of less than
|
$300 who has been previously convicted of any type |
of theft, robbery, armed
robbery, burglary, |
residential
burglary, possession of burglary |
tools, home invasion, home repair fraud,
|
aggravated home repair fraud, or
financial |
exploitation of an elderly person or person with a |
disability or disabled person is guilty of a Class |
3
felony. Identity theft of credit, money, goods, |
services, or
other
property not exceeding $300 in
|
value when the victim of the identity theft is an |
active duty member of the Armed Services or Reserve |
Forces of the United States or of the Illinois |
National Guard serving in a foreign country is a |
Class 3 felony. A person who has been previously |
convicted of
identity theft of
less than $300 who |
is convicted of a second or subsequent offense of
|
identity theft of less than
$300 when the victim of |
the identity theft is an active duty member of the |
Armed Services or Reserve Forces of the United |
States or of the Illinois National Guard serving in |
a foreign country is guilty of a Class 2 felony. A |
person who has been convicted of identity
theft of |
less than
$300 when the victim of the identity |
theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or |
|
of the Illinois National Guard serving in a foreign |
country who has been previously convicted of any |
type of theft, robbery, armed
robbery, burglary, |
residential
burglary, possession of burglary |
tools, home invasion, home repair fraud,
|
aggravated home repair fraud, or
financial |
exploitation of an elderly person or person with a |
disability or disabled person is guilty of a Class |
2
felony.
|
(ii) Identity theft of credit, money, goods,
|
services, or other
property exceeding $300 and not
|
exceeding $2,000 in value is a Class 3 felony. |
Identity theft of credit, money, goods,
services, |
or other
property exceeding $300 and not
exceeding |
$2,000 in value when the victim of the identity |
theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or |
of the Illinois National Guard serving in a foreign |
country is a Class 2 felony.
|
(iii) Identity theft of credit, money, goods,
|
services, or other
property exceeding $2,000 and |
not
exceeding $10,000 in value is a Class 2 felony. |
Identity theft of credit, money, goods,
services, |
or other
property exceeding $2,000 and not
|
exceeding $10,000 in value when the victim of the |
identity theft is an active duty member of the |
|
Armed Services or Reserve Forces of the United |
States or of the Illinois National Guard serving in |
a foreign country is a Class 1 felony.
|
(iv) Identity theft of credit, money, goods,
|
services, or other
property exceeding $10,000 and
|
not exceeding $100,000 in value is a Class 1 |
felony. Identity theft of credit, money, goods,
|
services, or other
property exceeding $10,000 and
|
not exceeding $100,000 in value when the victim of |
the identity theft is an active duty member of the |
Armed Services or Reserve Forces of the United |
States or of the Illinois National Guard serving in |
a foreign country is a Class X felony.
|
(v) Identity theft of credit, money, goods,
|
services, or
other property exceeding $100,000 in
|
value is a Class X felony.
|
(B) A person convicted of any offense enumerated in |
paragraphs
(2) through (7.5) of subsection (a) is |
guilty of a Class 3 felony. A person convicted of any |
offense enumerated in paragraphs
(2) through (7.5) of |
subsection (a) when the victim of the identity theft is |
an active duty member of the Armed Services or Reserve |
Forces of the United States or of the Illinois National |
Guard serving in a foreign country is guilty of a Class |
2 felony.
|
(C) A person convicted of any offense enumerated in |
|
paragraphs
(2) through (5) and (7.5) of subsection (a) |
a second or subsequent time is
guilty of a Class 2 |
felony. A person convicted of any offense enumerated in |
paragraphs
(2) through (5) and (7.5) of subsection (a) |
a second or subsequent time when the victim of the |
identity theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or of |
the Illinois National Guard serving in a foreign |
country is
guilty of a Class 1 felony.
|
(D) A person who, within a 12-month period, is |
found in violation
of any offense enumerated in |
paragraphs (2) through (7.5) of
subsection (a) with |
respect to the identifiers of, or other information |
relating to, 3 or more
separate individuals, at the |
same time or consecutively, is guilty
of a Class 2 |
felony. A person who, within a 12-month period, is |
found in violation
of any offense enumerated in |
paragraphs (2) through (7.5) of
subsection (a) with |
respect to the identifiers of, or other information |
relating to, 3 or more
separate individuals, at the |
same time or consecutively, when the victim of the |
identity theft is an active duty member of the Armed |
Services or Reserve Forces of the United States or of |
the Illinois National Guard serving in a foreign |
country is guilty
of a Class 1 felony.
|
(E) A person convicted of identity theft in |
|
violation of paragraph (2) of subsection (a) who uses |
any personal identification information or personal
|
identification document of another to purchase |
methamphetamine manufacturing material as defined in |
Section 10 of the Methamphetamine Control and |
Community Protection Act with the intent to unlawfully |
manufacture methamphetamine is guilty of a Class 2 |
felony for a first offense and a Class 1 felony for a |
second or subsequent offense.
A person convicted of |
identity theft in violation of paragraph (2) of |
subsection (a) who uses any personal identification |
information or personal
identification document of |
another to purchase methamphetamine manufacturing |
material as defined in Section 10 of the |
Methamphetamine Control and Community Protection Act |
with the intent to unlawfully manufacture |
methamphetamine when the victim of the identity theft |
is an active duty member of the Armed Services or |
Reserve Forces of the United States or of the Illinois |
National Guard serving in a foreign country is guilty |
of a Class 1 felony for a first offense and a Class X |
felony for a second or subsequent offense.
|
(F) A person convicted of identity theft in |
violation of paragraph (8) of subsection (a) of this |
Section is guilty of a Class 4 felony. |
(2) Aggravated identity theft. |
|
(A) Aggravated identity theft of credit, money, |
goods, services, or other property not exceeding $300 |
in value is a Class 3 felony. |
(B) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $300 and |
not exceeding $10,000 in value is a Class 2 felony. |
(C) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $10,000 |
in value and not exceeding $100,000 in value is a Class |
1 felony. |
(D) Aggravated identity theft of credit, money, |
goods, services, or other property exceeding $100,000 |
in value is a Class X felony. |
(E) Aggravated identity theft for a violation of |
any offense enumerated in paragraphs (2) through (7.5) |
of subsection (a) of this Section is a Class 2 felony. |
(F) Aggravated identity theft when a person who, |
within a 12-month period, is found in violation of any |
offense enumerated in paragraphs (2) through (7.5) of |
subsection (a) of this Section with identifiers of, or |
other information relating to, 3 or more separate |
individuals, at the same time or consecutively, is a |
Class 1 felony. |
(G) A person who has been previously convicted of |
aggravated identity theft regardless of the value of |
the property involved who is convicted of a second or |
|
subsequent offense of aggravated identity theft |
regardless of the value of the property involved is |
guilty of a Class X felony.
|
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff. |
8-12-11, and 97-388, eff. 1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
|
Sec. 17-2. False personation; solicitation. |
(a) False personation; solicitation. |
(1) A person commits a false personation when he or she |
knowingly and falsely represents
himself or herself to be a |
member or representative of any
veterans' or public safety |
personnel organization
or a representative of
any |
charitable organization, or when he or she knowingly |
exhibits or uses in any manner
any decal, badge or insignia |
of any
charitable, public safety personnel, or veterans' |
organization
when not authorized to
do so by the
|
charitable, public safety personnel, or veterans' |
organization.
"Public safety personnel organization" has |
the meaning ascribed to that term
in Section 1 of the |
Solicitation for Charity Act.
|
(2) A person commits a false personation when he or she |
knowingly and falsely
represents himself or herself to be a |
veteran in seeking employment or
public office.
In this |
paragraph, "veteran" means a person who has served in the
|
Armed Services or Reserve
Forces of the United States.
|
|
(2.5) A person commits a false personation when he or |
she knowingly and falsely represents himself or herself to |
be: |
(A) another actual person and does an act in such |
assumed character with intent to intimidate, threaten, |
injure, defraud, or to obtain a benefit from another; |
or |
(B) a representative of an actual person or |
organization and does an act in such false capacity |
with intent to obtain a benefit or to injure or defraud |
another. |
(3) No person shall knowingly use the words "Police", |
"Police
Department", "Patrolman", "Sergeant", |
"Lieutenant",
"Peace Officer", "Sheriff's Police", |
"Sheriff", "Officer", "Law Enforcement", "Trooper", |
"Deputy", "Deputy Sheriff", "State Police",
or
any other |
words to the same effect (i) in the title
of any |
organization, magazine, or other publication without the |
express
approval of the named public safety personnel |
organization's governing board or (ii) in combination with |
the name of any state, state agency, public university, or |
unit of local government without the express written |
authorization of that state, state agency, public |
university, or unit of local government.
|
(4) No person may knowingly claim or represent that he |
or she is acting on behalf
of
any public safety personnel |
|
organization when soliciting financial contributions or |
selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
|
advertisements unless the
chief of the police department, |
fire department, and the
corporate or municipal authority |
thereof,
or the sheriff has first
entered into a written
|
agreement with the person or with an organization with |
which the person is
affiliated and the
agreement permits |
the activity and specifies and states clearly and fully the |
purpose for which the proceeds of the solicitation, |
contribution, or sale will be used.
|
(5) No person, when soliciting financial contributions |
or selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
|
advertisements may claim
or represent that he or she is |
representing or acting on behalf of any
nongovernmental
|
organization by any name which includes "officer", "peace |
officer", "police",
"law
enforcement", "trooper", |
"sheriff", "deputy", "deputy sheriff", "State police",
or |
any other word
or words which would reasonably be |
understood to imply that the organization is
composed of
|
law enforcement personnel unless: |
(A) the person is actually representing or acting
|
on behalf of the
nongovernmental organization; |
(B) the nongovernmental organization is
controlled |
by and
governed by a membership of and represents a |
|
group or association of active
duty peace officers,
|
retired peace officers, or injured peace officers; and |
(C) before commencing the
solicitation or the
sale |
or the offers to sell any merchandise, goods, services, |
memberships, or
advertisements, a
written contract |
between the soliciting or selling person and the
|
nongovernmental
organization, which specifies and |
states clearly and fully the purposes for which the |
proceeds of the solicitation, contribution, or sale |
will be used, has been entered into.
|
(6) No person, when soliciting financial contributions |
or selling or
delivering or
offering to sell or deliver any |
merchandise, goods, services, memberships, or
|
advertisements,
may knowingly claim or represent that he or |
she is representing or acting on behalf of
any |
nongovernmental
organization by any name which includes |
the term "fireman", "fire fighter",
"paramedic", or any
|
other word or words which would reasonably be understood to |
imply that the
organization is
composed of fire fighter or |
paramedic personnel unless: |
(A) the person is actually
representing or
acting |
on behalf of the nongovernmental organization; |
(B) the nongovernmental
organization is
controlled |
by and governed by a membership of and represents a |
group or
association of active
duty, retired, or |
injured fire fighters (for the purposes of this |
|
Section,
"fire fighter" has the
meaning ascribed to |
that term in Section 2 of the Illinois Fire Protection
|
Training Act)
or active duty, retired, or injured |
emergency medical technicians - ambulance,
emergency
|
medical technicians - intermediate, emergency medical |
technicians - paramedic,
ambulance
drivers, or other |
medical assistance or first aid personnel; and |
(C) before
commencing the solicitation
or the sale |
or delivery or the offers to sell or deliver any |
merchandise,
goods, services,
memberships, or |
advertisements, the soliciting or selling person and |
the nongovernmental organization have entered into a |
written contract that specifies and states clearly and |
fully the purposes for which the proceeds of the |
solicitation, contribution, or sale will be used.
|
(7) No person may knowingly claim or represent that he |
or she is an airman, airline employee, airport employee, or |
contractor at an airport in order to obtain the uniform, |
identification card, license, or other identification |
paraphernalia of an airman, airline employee, airport |
employee, or contractor at an airport.
|
(8) No person, firm,
copartnership, or corporation |
(except corporations organized and doing business
under |
the Pawners Societies Act)
shall knowingly use a name that |
contains in it the words
"Pawners' Society". |
(b) False personation; public officials and employees. A |
|
person commits a false personation if he or she knowingly and |
falsely represents himself or herself to be any of the |
following: |
(1) An attorney authorized to practice law for purposes |
of compensation or consideration. This paragraph (b)(1) |
does not apply to a person who unintentionally fails to pay |
attorney registration fees established by Supreme Court |
Rule. |
(2) A public officer or a public employee or an |
official or employee of the federal government. |
(2.3) A public officer, a public employee, or an |
official or employee of the federal government, and the |
false representation is made in furtherance of the |
commission of felony. |
(2.7) A public officer or a public employee, and the |
false representation is for the purpose of effectuating |
identity theft as defined in Section 16-30 of this Code. |
(3) A peace officer. |
(4) A peace officer while carrying a deadly weapon. |
(5) A peace officer in attempting or committing a |
felony. |
(6) A peace officer in attempting or committing a |
forcible felony. |
(7) The parent, legal guardian, or other relation of a |
minor child to any public official, public employee, or |
elementary or secondary school employee or administrator. |
|
(7.5) The legal guardian, including any representative |
of a State or public guardian, of a person with a |
disability disabled person appointed under Article XIa of |
the Probate Act of 1975. |
(8) A fire fighter. |
(9) A fire fighter while carrying a deadly weapon. |
(10) A fire fighter in attempting or committing a |
felony. |
(11) An emergency management worker of any |
jurisdiction in this State. |
(12) An emergency management worker of any |
jurisdiction in this State in attempting or committing a |
felony.
For the purposes of this subsection (b), "emergency |
management worker" has the meaning provided under Section |
2-6.6 of this Code. |
(b-5) The trier of fact may infer that a person falsely |
represents himself or herself to be a public officer or a |
public employee or an official or employee of the federal |
government if the person: |
(1) wears or displays without authority any uniform, |
badge, insignia, or facsimile thereof by which a public |
officer or public employee or official or employee of the |
federal government is lawfully distinguished; or |
(2) falsely expresses by word or action that he or she |
is a public officer or public employee or official or |
employee of the federal government and is acting with |
|
approval or authority of a public agency or department. |
(c) Fraudulent advertisement of a corporate name. |
(1) A company, association, or individual commits |
fraudulent advertisement of a corporate name if he, she, or |
it, not being incorporated, puts forth a sign or |
advertisement and assumes, for the purpose of soliciting |
business, a corporate name. |
(2) Nothing contained in this subsection (c) prohibits |
a corporation, company, association, or person from using a |
divisional designation or trade name in conjunction with |
its corporate name or assumed name under Section 4.05 of |
the Business Corporation Act of 1983 or, if it is a member |
of a partnership or joint venture, from doing partnership |
or joint venture business under the partnership or joint |
venture name. The name under which the joint venture or |
partnership does business may differ from the names of the |
members. Business may not be conducted or transacted under |
that joint venture or partnership name, however, unless all |
provisions of the Assumed Business Name Act have been |
complied with. Nothing in this subsection (c) permits a |
foreign corporation to do business in this State without |
complying with all Illinois laws regulating the doing of |
business by foreign corporations. No foreign corporation |
may conduct or transact business in this State as a member |
of a partnership or joint venture that violates any |
Illinois law regulating or pertaining to the doing of |
|
business by foreign corporations in Illinois. |
(3) The provisions of this subsection (c) do not apply |
to limited partnerships formed under the Revised Uniform |
Limited Partnership Act or under the Uniform Limited |
Partnership Act (2001). |
(d) False law enforcement badges. |
(1) A person commits false law enforcement badges if he |
or she knowingly produces, sells, or distributes a law |
enforcement badge without the express written consent of |
the law enforcement agency represented on the badge or, in |
case of a reorganized or defunct law enforcement agency, |
its successor law enforcement agency. |
(2) It is a defense to false law enforcement badges |
that the law enforcement badge is used or is intended to be |
used exclusively: (i) as a memento or in a collection or |
exhibit; (ii) for decorative purposes; or (iii) for a |
dramatic presentation, such as a theatrical, film, or |
television production. |
(e) False medals. |
(1) A person commits a false personation if he or she |
knowingly and falsely represents himself or herself to be a |
recipient of, or wears on his or her person, any of the |
following medals if that medal was not awarded to that |
person by the United States Government, irrespective of |
branch of service: The Congressional Medal of Honor, The |
Distinguished Service Cross, The Navy Cross, The Air Force |
|
Cross, The Silver Star, The Bronze Star, or the Purple |
Heart. |
(2) It is a defense to a prosecution under paragraph |
(e)(1) that the medal is used, or is intended to be used, |
exclusively: |
(A) for a dramatic presentation, such as a |
theatrical, film, or television production, or a |
historical re-enactment; or |
(B) for a costume worn, or intended to be worn, by |
a person under 18 years of age. |
(f) Sentence. |
(1) A violation of paragraph (a)(8) is a petty offense |
subject to a fine of not less than $5 nor more than $100, |
and the person, firm, copartnership, or corporation |
commits an additional petty offense for each day he, she, |
or it continues to commit the violation. A violation of |
paragraph (c)(1) is a petty offense, and the company, |
association, or person commits an additional petty offense |
for each day he, she, or it continues to commit the |
violation. A violation of subsection (e) is a petty offense |
for which the offender shall be fined at least $100 and not |
more than $200. |
(2) A violation of paragraph (a)(1), (a)(3), or |
(b)(7.5) is a Class C misdemeanor. |
(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), |
(b)(2), or (b)(7) or subsection (d) is a Class A |
|
misdemeanor. A second or subsequent violation of |
subsection (d) is a Class 3 felony. |
(4) A violation of paragraph (a)(4), (a)(5), (a)(6), |
(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a |
Class 4 felony. |
(5) A violation of paragraph (b)(4), (b)(9), or (b)(12) |
is a Class 3 felony. |
(6) A violation of paragraph (b)(5) or (b)(10) is a |
Class 2 felony. |
(7) A violation of paragraph (b)(6) is a Class 1 |
felony.
|
(g) A violation of subsection (a)(1) through (a)(7) or |
subsection (e) of this Section may be accomplished in person or |
by any means of communication, including but not limited to the |
use of an Internet website or any form of electronic |
communication. |
(Source: P.A. 97-219, eff. 1-1-12; 97-597, eff. 1-1-12; |
incorporates change to Sec. 32-5 from 97-219; 97-1109, eff. |
1-1-13; 98-1125, eff. 1-1-15 .)
|
(720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
|
Sec. 17-6. State benefits fraud. |
(a) A person commits State benefits fraud when he or she |
obtains or attempts
to obtain money or benefits from the State |
of Illinois, from any political
subdivision thereof, or from |
any program funded or administered in whole
or in part by the |
|
State of Illinois or any political subdivision thereof
through |
the knowing use of false identification documents or through |
the
knowing misrepresentation of his or her age, place of |
residence, number of dependents,
marital or family status, |
employment status, financial status, or any other
material fact |
upon which his eligibility for or degree of participation
in |
any benefit program might be based.
|
(b) Notwithstanding any provision of State law to the |
contrary, every
application or other document submitted to an |
agency or department of the
State of Illinois or any political |
subdivision thereof to establish or determine
eligibility for |
money or benefits from the State of Illinois or from any
|
political subdivision thereof, or from any program funded or |
administered
in whole or in part by the State of Illinois or |
any political subdivision
thereof, shall be made available upon |
request to any law enforcement agency
for use in the |
investigation or prosecution of State benefits fraud or for
use |
in the investigation or prosecution of any other crime arising |
out of
the same transaction or occurrence. Except as otherwise |
permitted by law,
information disclosed pursuant to this |
subsection shall be used and disclosed
only for the purposes |
provided herein. The provisions of this Section shall
be |
operative only to the extent that they do not conflict with any |
federal
law or regulation governing federal grants to this |
State.
|
(c) Any employee of the State of Illinois or any agency or |
|
political subdivision
thereof may seize as evidence any false |
or fraudulent document presented
to him or her in connection |
with an application for or receipt of money or benefits
from |
the State of Illinois, from any political subdivision thereof, |
or from
any program funded or administered in whole or in part |
by the State of Illinois
or any political subdivision thereof.
|
(d) Sentence. |
(1) State benefits fraud is a Class 4 felony except when |
more than $300
is obtained, in which case State benefits fraud |
is a Class 3 felony. |
(2) If a person knowingly misrepresents oneself as a |
veteran or as a dependent of a veteran with the intent of |
obtaining benefits or privileges provided by the State or its |
political subdivisions to veterans or their dependents, then |
State benefits fraud is a Class 3 felony when $300 or less is |
obtained and a Class 2 felony when more than $300 is obtained. |
For the purposes of this paragraph (2), benefits and privileges |
include, but are not limited to, those benefits and privileges |
available under the Veterans' Employment Act, the Viet Nam |
Veterans Compensation Act, the Prisoner of War Bonus Act, the |
War Bonus Extension Act, the Military Veterans Assistance Act, |
the Veterans' Employment Representative Act, the Veterans |
Preference Act, the Service Member's Employment Tenure Act, the |
Housing for Veterans with Disabilities Act Disabled Veterans |
Housing Act , the Under Age Veterans Benefits Act, the Survivors |
Compensation Act, the Children of Deceased Veterans Act, the |
|
Veterans Burial Places Act, the Higher Education Student |
Assistance Act, or any other loans, assistance in employment, |
monetary payments, or tax exemptions offered by the State or |
its political subdivisions for veterans or their dependents.
|
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/17-6.5)
|
Sec. 17-6.5. Persons under deportation order; |
ineligibility for benefits. |
(a) An individual against whom a United States Immigration |
Judge
has issued an order of deportation which has been |
affirmed by the Board of
Immigration Review, as well as an |
individual who appeals such an order
pending appeal, under |
paragraph 19 of Section 241(a) of the
Immigration and |
Nationality Act relating to persecution of others on
account of |
race, religion, national origin or political opinion under the
|
direction of or in association with the Nazi government of |
Germany or its
allies, shall be ineligible for the following |
benefits authorized by State law: |
(1) The homestead exemptions and homestead improvement
|
exemption under Sections 15-170, 15-175, 15-176, and |
15-180 of the Property Tax Code. |
(2) Grants under the Senior Citizens and Persons with |
Disabilities Disabled Persons Property Tax
Relief Act. |
(3) The double income tax exemption conferred upon |
persons 65 years of
age or older by Section 204 of the |
|
Illinois Income Tax Act. |
(4) Grants provided by the Department on Aging. |
(5) Reductions in vehicle registration fees under |
Section 3-806.3 of the
Illinois Vehicle Code. |
(6) Free fishing and reduced fishing license fees under |
Sections 20-5
and 20-40 of the Fish and Aquatic Life Code. |
(7) Tuition free courses for senior citizens under the |
Senior Citizen
Courses Act. |
(8) Any benefits under the Illinois Public Aid Code. |
(b) If a person has been found by a court to have knowingly
|
received benefits in violation of subsection (a) and: |
(1) the total monetary value of the benefits received |
is less than $150, the person is guilty
of a Class A |
misdemeanor; a second or subsequent violation is a Class 4 |
felony; |
(2) the total monetary value of the benefits received |
is $150 or more but less than $1,000,
the person is guilty |
of a Class 4 felony; a second or subsequent violation is a |
Class 3 felony; |
(3) the total monetary value of the benefits received |
is $1,000 or more but less than $5,000,
the person is |
guilty of a Class 3 felony; a second or subsequent |
violation is a Class 2 felony; |
(4) the total monetary value of the benefits received |
is $5,000 or more but less than $10,000,
the person is |
guilty of a Class 2 felony; a second or subsequent |
|
violation is a Class 1 felony; or |
(5) the total monetary value of the benefits received |
is $10,000 or more, the person is guilty
of a Class 1 |
felony. |
(c) For purposes of determining the classification of an |
offense under
this Section, all of the monetary value of the |
benefits
received as a result of the unlawful act,
practice, or |
course of conduct may be accumulated. |
(d) Any grants awarded to persons described in subsection |
(a) may be recovered by the State of Illinois in a civil action |
commenced
by the Attorney General in the circuit court of |
Sangamon County or the
State's Attorney of the county of |
residence of the person described in
subsection (a). |
(e) An individual described in subsection (a) who has been
|
deported shall be restored to any benefits which that |
individual has been
denied under State law pursuant to |
subsection (a) if (i) the Attorney
General of the United States |
has issued an order cancelling deportation and
has adjusted the |
status of the individual to that of an alien lawfully
admitted |
for permanent residence in the United States or (ii) the |
country
to which the individual has been deported adjudicates |
or exonerates the
individual in a judicial or administrative |
proceeding as not being guilty
of the persecution of others on |
account of race, religion, national origin,
or political |
opinion under the direction of or in association with the Nazi
|
government of Germany or its allies.
|
|
(Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
|
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) |
Sec. 17-10.2. Businesses owned by minorities, females, and |
persons with disabilities; fraudulent contracts with |
governmental units. |
(a) In this Section: |
"Minority person" means a person who is any of the |
following: |
(1) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South |
America, including Central America, and who maintains |
tribal affiliation or community attachment). |
(2) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam). |
(3) Black or African American (a person having origins |
in any of the black racial groups of Africa). Terms such as |
"Haitian" or "Negro" can be used in addition to "Black or |
African American". |
(4) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other Spanish |
culture or origin, regardless of race). |
(5) Native Hawaiian or Other Pacific Islander (a person |
|
having origins in any of the original peoples of Hawaii, |
Guam, Samoa, or other Pacific Islands). |
"Female" means a person who is of the female gender.
|
"Person with a disability" means a person who is a |
person qualifying as having a disability being disabled .
|
" Disability Disabled " means a severe physical or |
mental disability that:
(1) results from:
amputation,
|
arthritis,
autism,
blindness,
burn injury,
cancer,
|
cerebral palsy,
cystic fibrosis,
deafness,
head injury,
|
heart disease,
hemiplegia,
hemophilia,
respiratory or |
pulmonary dysfunction, an intellectual disability,
mental |
illness,
multiple sclerosis,
muscular dystrophy,
|
musculoskeletal disorders,
neurological disorders, |
including stroke and epilepsy,
paraplegia,
quadriplegia |
and other spinal cord conditions,
sickle cell anemia,
|
specific learning disabilities, or
end stage renal failure |
disease; and
(2) substantially limits one or more of the |
person's major life activities. |
"Minority owned business" means a business concern |
that is at least 51% owned by one or more minority persons, |
or in the case of a corporation, at least 51% of the stock |
in which is owned by one or more minority persons; and the |
management and daily business operations of which are |
controlled by one or more of the minority individuals who |
own it. |
"Female owned business" means a business concern that |
|
is at least 51% owned by one or more females, or, in the |
case of a corporation, at least 51% of the stock in which |
is owned by one or more females; and the management and |
daily business operations of which are controlled by one or |
more of the females who own it. |
"Business owned by a person with a disability" means a |
business concern that is at least 51% owned by one or more |
persons with a disability and the management and daily |
business operations of which are controlled by one or more |
of the persons with disabilities who own it. A |
not-for-profit agency for persons with disabilities that |
is exempt from taxation under Section 501 of the Internal |
Revenue Code of 1986 is also considered a "business owned |
by a person with a disability". |
"Governmental unit" means the State, a unit of local |
government, or school district. |
(b) In addition to any other penalties imposed by law or by |
an ordinance or resolution of a unit of local government or |
school district, any individual or entity that knowingly |
obtains, or knowingly assists another to obtain, a contract |
with a governmental unit, or a subcontract or written |
commitment for a subcontract under a contract with a |
governmental unit, by falsely representing that the individual |
or entity, or the individual or entity assisted, is a minority |
owned business, female owned business, or business owned by a |
person with a disability is guilty of a Class 2 felony, |
|
regardless of whether the preference for awarding the contract |
to a minority owned business, female owned business, or |
business owned by a person with a disability was established by |
statute or by local ordinance or resolution. |
(c) In addition to any other penalties authorized by law, |
the court shall order that an individual or entity convicted of |
a violation of this Section must pay to the governmental unit |
that awarded the contract a penalty equal to one and one-half |
times the amount of the contract obtained because of the false |
representation.
|
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
1-1-12, and 97-396, eff. 1-1-12; 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
|
Sec. 18-1. Robbery; aggravated robbery.
|
(a) Robbery. A person commits robbery when he or she |
knowingly takes property, except a
motor vehicle covered by |
Section 18-3 or 18-4,
from the person or presence of another by |
the use of force or by
threatening the imminent use of force.
|
(b) Aggravated robbery. |
(1) A person commits aggravated robbery when he or she |
violates subsection (a) while indicating verbally or by his |
or her actions to the
victim that he or she is presently |
armed with a firearm or other dangerous
weapon, including a |
knife, club, ax, or bludgeon. This offense shall be
|
applicable even though it is later determined that he or |
|
she had no firearm or
other dangerous weapon, including a |
knife, club, ax, or bludgeon, in
his or her possession when |
he or she committed the robbery. |
(2) A person commits aggravated robbery when he or she |
knowingly takes property
from the person or presence of |
another by delivering (by injection, inhalation,
|
ingestion, transfer of possession, or any other means) to |
the victim without
his or her consent, or by threat or |
deception,
and for other than medical
purposes, any
|
controlled substance. |
(c) Sentence.
|
Robbery is a Class 2 felony, unless the victim is 60 years |
of age
or over or is a person with a physical disability |
physically handicapped person , or the robbery is
committed
in a |
school, day care center, day care home, group day care home, or |
part day child care facility, or place of worship, in which |
case robbery is a Class 1 felony. Aggravated robbery is a Class |
1 felony.
|
(d) Regarding penalties prescribed in subsection
(c) for |
violations committed in a day care center, day care home, group |
day care home, or part day child care facility, the time of |
day, time of year, and whether
children under 18 years of age |
were present in the day care center, day care home, group day |
care home, or part day child care facility are irrelevant. |
(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
|
|
(720 ILCS 5/18-4)
|
Sec. 18-4. Aggravated vehicular hijacking.
|
(a) A person commits aggravated vehicular hijacking when he |
or she violates
Section 18-3; and
|
(1) the person from whose immediate presence the motor |
vehicle is
taken is a person with a physical disability |
physically handicapped person or a person 60 years of age |
or over;
or
|
(2) a person under 16 years of age is a passenger in |
the motor vehicle at
the time of the offense; or
|
(3) he or she carries on or about his or her person, or |
is otherwise armed
with a dangerous weapon, other than a |
firearm; or
|
(4) he or she carries on or about his or her person or |
is otherwise armed
with a firearm; or
|
(5) he or she, during the commission of the offense, |
personally discharges
a firearm; or
|
(6) he or she, during the commission of the offense, |
personally discharges
a firearm that proximately causes |
great bodily harm, permanent disability,
permanent |
disfigurement, or death to another person.
|
(b) Sentence. Aggravated vehicular hijacking in violation |
of subsections
(a)(1) or (a)(2) is a Class X felony.
A |
violation of subsection (a)(3) is a Class X
felony for which a |
term of imprisonment of not less than 7 years shall be
imposed.
|
A violation of subsection (a)(4) is a Class X
felony for which |
|
15 years shall be added to the term of imprisonment imposed by
|
the court. A violation of subsection (a)(5) is
a Class X felony |
for which 20 years shall be added to the term of imprisonment
|
imposed by the court. A violation of subsection
(a)(6) is a |
Class X felony for which 25 years or up to a term of natural |
life
shall be added to the term of imprisonment imposed by the |
court.
|
(Source: P.A. 97-1108, eff. 1-1-13.)
|
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
Sec. 24-3. Unlawful sale or delivery of firearms.
|
(A) A person commits the offense of unlawful sale or |
delivery of firearms when he
or she knowingly does any of the |
following:
|
(a) Sells or gives any firearm of a size which may be |
concealed upon the
person to any person under 18 years of |
age.
|
(b) Sells or gives any firearm to a person under 21 |
years of age who has
been convicted of a misdemeanor other |
than a traffic offense or adjudged
delinquent.
|
(c) Sells or gives any firearm to any narcotic addict.
|
(d) Sells or gives any firearm to any person who has |
been convicted of a
felony under the laws of this or any |
other jurisdiction.
|
(e) Sells or gives any firearm to any person who has |
been a patient in a
mental institution within the past 5 |
|
years. In this subsection (e): |
"Mental institution" means any hospital, |
institution, clinic, evaluation facility, mental |
health center, or part thereof, which is used primarily |
for the care or treatment of persons with mental |
illness. |
"Patient in a mental institution" means the person |
was admitted, either voluntarily or involuntarily, to |
a mental institution for mental health treatment, |
unless the treatment was voluntary and solely for an |
alcohol abuse disorder and no other secondary |
substance abuse disorder or mental illness.
|
(f) Sells or gives any firearms to any person who is a |
person with an intellectual disability intellectually |
disabled .
|
(g) Delivers any firearm of a size which may be |
concealed upon the
person, incidental to a sale, without |
withholding delivery of such firearm
for at least 72 hours |
after application for its purchase has been made, or
|
delivers any rifle, shotgun or other long gun, or a stun |
gun or taser, incidental to a sale,
without withholding |
delivery of such rifle, shotgun or other long gun, or a |
stun gun or taser for
at least 24 hours after application |
for its purchase has been made.
However,
this paragraph (g) |
does not apply to: (1) the sale of a firearm
to a law |
enforcement officer if the seller of the firearm knows that |
|
the person to whom he or she is selling the firearm is a |
law enforcement officer or the sale of a firearm to a |
person who desires to purchase a firearm for
use in |
promoting the public interest incident to his or her |
employment as a
bank guard, armed truck guard, or other |
similar employment; (2) a mail
order sale of a firearm to a |
nonresident of Illinois under which the firearm
is mailed |
to a point outside the boundaries of Illinois; (3) the sale
|
of a firearm to a nonresident of Illinois while at a |
firearm showing or display
recognized by the Illinois |
Department of State Police; or (4) the sale of a
firearm to |
a dealer licensed as a federal firearms dealer under |
Section 923
of the federal Gun Control Act of 1968 (18 |
U.S.C. 923). For purposes of this paragraph (g), |
"application" means when the buyer and seller reach an |
agreement to purchase a firearm.
|
(h) While holding any license
as a dealer,
importer, |
manufacturer or pawnbroker
under the federal Gun Control |
Act of 1968,
manufactures, sells or delivers to any |
unlicensed person a handgun having
a barrel, slide, frame |
or receiver which is a die casting of zinc alloy or
any |
other nonhomogeneous metal which will melt or deform at a |
temperature
of less than 800 degrees Fahrenheit. For |
purposes of this paragraph, (1)
"firearm" is defined as in |
the Firearm Owners Identification Card Act; and (2)
|
"handgun" is defined as a firearm designed to be held
and |
|
fired by the use of a single hand, and includes a |
combination of parts from
which such a firearm can be |
assembled.
|
(i) Sells or gives a firearm of any size to any person |
under 18 years of
age who does not possess a valid Firearm |
Owner's Identification Card.
|
(j) Sells or gives a firearm while engaged in the |
business of selling
firearms at wholesale or retail without |
being licensed as a federal firearms
dealer under Section |
923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
In this paragraph (j):
|
A person "engaged in the business" means a person who |
devotes time,
attention, and
labor to
engaging in the |
activity as a regular course of trade or business with the
|
principal objective of livelihood and profit, but does not |
include a person who
makes occasional repairs of firearms |
or who occasionally fits special barrels,
stocks, or |
trigger mechanisms to firearms.
|
"With the principal objective of livelihood and |
profit" means that the
intent
underlying the sale or |
disposition of firearms is predominantly one of
obtaining |
livelihood and pecuniary gain, as opposed to other intents, |
such as
improving or liquidating a personal firearms |
collection; however, proof of
profit shall not be required |
as to a person who engages in the regular and
repetitive |
purchase and disposition of firearms for criminal purposes |
|
or
terrorism.
|
(k) Sells or transfers ownership of a firearm to a |
person who does not display to the seller or transferor of |
the firearm a currently valid Firearm Owner's |
Identification Card that has previously been issued in the |
transferee's name by the Department of State Police under |
the provisions of the Firearm Owners Identification Card |
Act. This paragraph (k) does not apply to the transfer of a |
firearm to a person who is exempt from the requirement of |
possessing a Firearm Owner's Identification Card under |
Section 2 of the Firearm Owners Identification Card Act. |
For the purposes of this Section, a currently valid Firearm |
Owner's Identification Card means (i) a Firearm Owner's |
Identification Card that has not expired or (ii) an |
approval number issued in accordance with subsection |
(a-10) of subsection 3 or Section 3.1 of the Firearm Owners |
Identification Card Act shall be proof that the Firearm |
Owner's Identification Card was valid. |
(1) In addition to the other requirements of this |
paragraph (k), all persons who are not federally |
licensed firearms dealers must also have complied with |
subsection (a-10) of Section 3 of the Firearm Owners |
Identification Card Act by determining the validity of |
a purchaser's Firearm Owner's Identification Card. |
(2) All sellers or transferors who have complied |
with the requirements of subparagraph (1) of this |
|
paragraph (k) shall not be liable for damages in any |
civil action arising from the use or misuse by the |
transferee of the firearm transferred, except for |
willful or wanton misconduct on the part of the seller |
or transferor. |
(l) Not
being entitled to the possession of a firearm, |
delivers the
firearm, knowing it to have been stolen or |
converted. It may be inferred that
a person who possesses a |
firearm with knowledge that its serial number has
been |
removed or altered has knowledge that the firearm is stolen |
or converted. |
(B) Paragraph (h) of subsection (A) does not include |
firearms sold within 6
months after enactment of Public
Act |
78-355 (approved August 21, 1973, effective October 1, 1973), |
nor is any
firearm legally owned or
possessed by any citizen or |
purchased by any citizen within 6 months after the
enactment of |
Public Act 78-355 subject
to confiscation or seizure under the |
provisions of that Public Act. Nothing in
Public Act 78-355 |
shall be construed to prohibit the gift or trade of
any firearm |
if that firearm was legally held or acquired within 6 months |
after
the enactment of that Public Act.
|
(C) Sentence.
|
(1) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (c), (e), (f), (g), |
or (h) of subsection (A) commits a Class
4
felony.
|
(2) Any person convicted of unlawful sale or delivery |
|
of firearms in violation of
paragraph (b) or (i) of |
subsection (A) commits a Class 3 felony.
|
(3) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a) of subsection (A) |
commits a Class 2 felony.
|
(4) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a), (b), or (i) of |
subsection (A) in any school, on the real
property |
comprising a school, within 1,000 feet of the real property |
comprising
a school, at a school related activity, or on or |
within 1,000 feet of any
conveyance owned, leased, or |
contracted by a school or school district to
transport |
students to or from school or a school related activity,
|
regardless of the time of day or time of year at which the |
offense
was committed, commits a Class 1 felony. Any person |
convicted of a second
or subsequent violation of unlawful |
sale or delivery of firearms in violation of paragraph
(a), |
(b), or (i) of subsection (A) in any school, on the real |
property
comprising a school, within 1,000 feet of the real |
property comprising a
school, at a school related activity, |
or on or within 1,000 feet of any
conveyance owned, leased, |
or contracted by a school or school district to
transport |
students to or from school or a school related activity,
|
regardless of the time of day or time of year at which the |
offense
was committed, commits a Class 1 felony for which |
the sentence shall be a
term of imprisonment of no less |
|
than 5 years and no more than 15 years.
|
(5) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a) or (i) of |
subsection (A) in residential property owned,
operated, or |
managed by a public housing agency or leased by a public |
housing
agency as part of a scattered site or mixed-income |
development, in a public
park, in a
courthouse, on |
residential property owned, operated, or managed by a |
public
housing agency or leased by a public housing agency |
as part of a scattered site
or mixed-income development, on |
the real property comprising any public park,
on the real
|
property comprising any courthouse, or on any public way |
within 1,000 feet
of the real property comprising any |
public park, courthouse, or residential
property owned, |
operated, or managed by a public housing agency or leased |
by a
public housing agency as part of a scattered site or |
mixed-income development
commits a
Class 2 felony.
|
(6) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (j) of subsection (A) |
commits a Class A misdemeanor. A second or
subsequent |
violation is a Class 4 felony. |
(7) Any person convicted of unlawful sale or delivery |
of firearms in violation of paragraph (k) of subsection (A) |
commits a Class 4 felony, except that a violation of |
subparagraph (1) of paragraph (k) of subsection (A) shall |
not be punishable as a crime or petty offense. A third or |
|
subsequent conviction for a violation of paragraph (k) of |
subsection (A) is a Class 1 felony.
|
(8) A person 18 years of age or older convicted of |
unlawful sale or delivery of firearms in violation of |
paragraph (a) or (i) of subsection (A), when the firearm |
that was sold or given to another person under 18 years of |
age was used in the commission of or attempt to commit a |
forcible felony, shall be fined or imprisoned, or both, not |
to exceed the maximum provided for the most serious |
forcible felony so committed or attempted by the person |
under 18 years of age who was sold or given the firearm. |
(9) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (d) of subsection (A) |
commits a Class 3 felony. |
(10) Any person convicted of unlawful sale or delivery |
of firearms in violation of paragraph (l) of subsection (A) |
commits a Class 2 felony if the delivery is of one firearm. |
Any person convicted of unlawful sale or delivery of |
firearms in violation of paragraph (l) of subsection (A) |
commits a Class 1 felony if the delivery is of not less |
than 2 and not more than 5 firearms at the
same time or |
within a one year period. Any person convicted of unlawful |
sale or delivery of firearms in violation of paragraph (l) |
of subsection (A) commits a Class X felony for which he or |
she shall be sentenced
to a term of imprisonment of not |
less than 6 years and not more than 30
years if the |
|
delivery is of not less than 6 and not more than 10 |
firearms at the
same time or within a 2 year period. Any |
person convicted of unlawful sale or delivery of firearms |
in violation of paragraph (l) of subsection (A) commits a |
Class X felony for which he or she shall be sentenced
to a |
term of imprisonment of not less than 6 years and not more |
than 40
years if the delivery is of not less than 11 and |
not more than 20 firearms at the
same time or within a 3 |
year period. Any person convicted of unlawful sale or |
delivery of firearms in violation of paragraph (l) of |
subsection (A) commits a Class X felony for which he or she |
shall be sentenced
to a term of imprisonment of not less |
than 6 years and not more than 50
years if the delivery is |
of not less than 21 and not more than 30 firearms at the
|
same time or within a 4 year period. Any person convicted |
of unlawful sale or delivery of firearms in violation of |
paragraph (l) of subsection (A) commits a Class X felony |
for which he or she shall be sentenced
to a term of |
imprisonment of not less than 6 years and not more than 60
|
years if the delivery is of 31 or more firearms at the
same |
time or within a 5 year period. |
(D) For purposes of this Section:
|
"School" means a public or private elementary or secondary |
school,
community college, college, or university.
|
"School related activity" means any sporting, social, |
academic, or
other activity for which students' attendance or |
|
participation is sponsored,
organized, or funded in whole or in |
part by a school or school district.
|
(E) A prosecution for a violation of paragraph (k) of |
subsection (A) of this Section may be commenced within 6 years |
after the commission of the offense. A prosecution for a |
violation of this Section other than paragraph (g) of |
subsection (A) of this Section may be commenced within 5 years |
after the commission of the offense defined in the particular |
paragraph.
|
(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, |
eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
|
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
|
Sec. 24-3.1. Unlawful possession of firearms and firearm |
ammunition.
|
(a) A person commits the offense of unlawful possession of |
firearms
or firearm ammunition when:
|
(1) He is under 18 years of age and has in his |
possession
any firearm of
a size which may be concealed |
upon the person; or
|
(2) He is under 21 years of age, has been convicted of |
a misdemeanor
other than a traffic offense or adjudged |
delinquent and has
any firearms or
firearm ammunition in |
his possession; or
|
(3) He is a narcotic addict and has
any firearms or |
firearm ammunition
in his possession; or
|
|
(4) He has been a patient in a mental institution |
within the past 5 years
and has
any firearms or firearm |
ammunition in his possession. For purposes of this |
paragraph (4): |
"Mental institution" means any hospital, |
institution, clinic, evaluation facility, mental |
health center, or part thereof, which is used primarily |
for the care or treatment of persons with mental |
illness. |
"Patient in a mental institution" means the person |
was admitted, either voluntarily or involuntarily, to |
a mental institution for mental health treatment, |
unless the treatment was voluntary and solely for an |
alcohol abuse disorder and no other secondary |
substance abuse disorder or mental illness; or
|
(5) He is a person with an intellectual disability |
intellectually disabled and has
any firearms or firearm |
ammunition
in his possession; or
|
(6) He has in his possession any explosive bullet.
|
For purposes of this paragraph "explosive bullet" means the |
projectile
portion of an ammunition cartridge which contains or |
carries an explosive
charge which will explode upon contact |
with the flesh of a human or an animal.
"Cartridge" means a |
tubular metal case having a projectile affixed at the
front |
thereof and a cap or primer at the rear end thereof, with the |
propellant
contained in such tube between the projectile and |
|
the cap.
|
(b) Sentence.
|
Unlawful possession of firearms, other than handguns, and |
firearm
ammunition is a Class A misdemeanor. Unlawful |
possession of handguns is a
Class 4 felony. The possession of |
each firearm or firearm ammunition in violation of this Section |
constitutes a single and separate violation.
|
(c) Nothing in paragraph (1) of subsection (a) of this |
Section prohibits
a person under 18 years of age from |
participating in any lawful recreational
activity with a |
firearm such as, but not limited to, practice shooting at
|
targets upon established public or private target ranges or |
hunting, trapping,
or fishing in accordance with the Wildlife |
Code or the Fish and Aquatic Life
Code.
|
(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13 .)
|
(720 ILCS 5/48-10) |
Sec. 48-10. Dangerous animals. |
(a) Definitions. As used in this Section, unless the |
context otherwise requires: |
"Dangerous animal" means a lion, tiger, leopard, |
ocelot, jaguar, cheetah,
margay, mountain lion, lynx, |
bobcat, jaguarundi, bear, hyena, wolf or
coyote. Dangerous |
animal does not mean any herptiles included in the |
Herptiles-Herps Act. |
"Owner" means any person who (1) has a right of |
|
property in a dangerous
animal or primate, (2) keeps or |
harbors a dangerous animal or primate, (3) has a dangerous |
animal
or primate in his or her care, or (4) acts as |
custodian of a dangerous animal or primate. |
"Person" means any individual, firm, association, |
partnership,
corporation, or other legal entity, any |
public or private institution, the
State, or any municipal |
corporation or political subdivision of the State. |
"Primate" means a nonhuman member of the order primate, |
including but not limited to chimpanzee, gorilla, |
orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, |
and tarsier. |
(b) Dangerous animal or primate offense. No person shall |
have a right of property in, keep, harbor,
care for, act as |
custodian
of or maintain in
his or her possession any dangerous |
animal or primate except at a properly maintained zoological
|
park, federally licensed
exhibit, circus, college or |
university, scientific institution, research laboratory, |
veterinary hospital, hound running area, or animal
refuge in an |
escape-proof enclosure. |
(c) Exemptions. |
(1) This Section does not prohibit a person who had |
lawful possession of a primate before January 1, 2011, from |
continuing to possess that primate if the person registers |
the animal by providing written notification to the local |
animal control administrator on or before April 1, 2011. |
|
The notification shall include: |
(A) the person's name, address, and telephone |
number; and |
(B) the type of primate, the age, a photograph, a |
description of any tattoo, microchip, or other |
identifying information, and a list of current |
inoculations. |
(2) This Section does not prohibit a person who has a |
permanent disability is permanently disabled with a severe |
mobility impairment from possessing a single capuchin |
monkey to assist the person in performing daily tasks if: |
(A) the capuchin monkey was obtained from and |
trained at a licensed nonprofit organization described |
in Section 501(c)(3) of the Internal Revenue Code of |
1986, the nonprofit tax status of which was obtained on |
the basis of a mission to improve the quality of life |
of severely mobility-impaired individuals; and |
(B) the person complies with the notification |
requirements as described in paragraph (1) of this |
subsection (c). |
(d) A person who registers a primate shall notify the local |
animal control administrator within 30 days of a change of |
address. If the person moves to another locality within the |
State, the person shall register the primate with the new local |
animal control administrator within 30 days of moving by |
providing written notification as provided in paragraph (1) of |
|
subsection (c) and shall include proof of the prior |
registration. |
(e) A person who registers a primate shall notify the local |
animal control administrator immediately if the primate dies, |
escapes, or bites, scratches, or injures a person. |
(f) It is no defense to a violation of subsection (b)
that |
the person violating subsection
(b) has attempted to |
domesticate the dangerous animal. If there appears
to be |
imminent danger to the public, any
dangerous animal found not |
in compliance with the provisions of this Section
shall be |
subject to
seizure and may immediately be placed in an approved |
facility. Upon the
conviction of a person for a violation of |
subsection (b), the animal with regard
to which the conviction |
was obtained shall be confiscated and placed in an
approved |
facility, with the owner responsible for all costs
connected |
with the seizure and confiscation of the animal.
Approved |
facilities include, but are not limited to, a zoological park,
|
federally licensed exhibit,
humane society, veterinary |
hospital or animal refuge. |
(g) Sentence. Any person violating this Section is guilty |
of a Class C
misdemeanor. Any corporation or
partnership, any |
officer, director, manager or managerial agent of the
|
partnership or corporation who violates this Section or causes |
the
partnership or corporation to violate this Section is |
guilty of a Class C misdemeanor. Each day of violation |
constitutes a separate offense.
|
|
(Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15 .)
|
Section 885. The Discrimination in Sale of Real Estate Act |
is amended by changing Section 1 as follows:
|
(720 ILCS 590/1) (from Ch. 38, par. 70-51)
|
Sec. 1.
Inducements to sell or purchase by reason of race,
|
color, religion, national origin, ancestry, creed, physical or |
mental disability handicap ,
or sex - Prohibition of |
Solicitation.
|
It shall be unlawful for any person or corporation |
knowingly:
|
(a) To solicit for sale, lease, listing or purchase any |
residential
real estate within the State of Illinois, on the |
grounds of loss of
value due to the present or prospective |
entry into the vicinity of the
property involved of any person |
or persons of any particular race,
color, religion, national |
origin, ancestry, creed, physical or mental disability |
handicap , or sex.
|
(b) To distribute or cause to be distributed, written |
material or
statements designed to induce any owner of |
residential real estate in
the State of Illinois to sell or |
lease his or her property because of any
present or prospective |
changes in the race, color, religion, national
origin, |
ancestry, creed, physical or mental disability handicap , or |
sex, of residents in the
vicinity of the property involved.
|
|
(c) To intentionally create alarm, among residents of any |
community,
by transmitting in any manner including a telephone |
call whether or not
conversation thereby ensues, with a design |
to induce any owner of
residential real estate in the State of |
Illinois to sell or lease his or her
property because of any |
present or prospective entry into the vicinity
of the property |
involved of any person or persons of any particular
race, |
color, religion, national origin, ancestry, creed, physical or |
mental disability handicap , or sex.
|
(d) To solicit any owner of residential property to sell or |
list
such residential property at any time after such person or |
corporation
has notice that such owner does not desire to sell |
such residential
property. For the purpose of this subsection, |
notice must be
provided as follows:
|
(1) The notice may be given by the owner personally or by a
|
third party in the owner's name, either in the form of an
|
individual notice or a list, provided it complies with this |
subsection.
|
(2) Such notice shall be explicit as to whether each owner
|
on the notice seeks to avoid both solicitation for listing and
|
sale, or only for listing, or only for sale, as well as the
|
period of time for which any avoidance is desired. The notice
|
shall be dated and either of the following shall apply: (A)
|
each owner shall have signed the notice or (B) the person or
|
entity preparing the notice shall provide an accompanying
|
affidavit to the effect that all the names on the notice are,
|
|
in fact, genuine as to the
identity of the persons listed and |
that such persons have
requested not to be solicited as |
indicated.
|
(3) The individual notice, or notice in the form of a list
|
with the accompanying affidavit, shall be served personally
or |
by certified or registered mail, return receipt requested.
|
(Source: P.A. 80-338; 80-920; 80-1364.)
|
Section 890. The Code of Criminal Procedure of 1963 is |
amended by changing Section 102-23 and the heading of Article |
106B and Sections 106B-5, 110-5, 114-15, 115-10, and 122-2.2 as |
follows:
|
(725 ILCS 5/102-23)
|
Sec. 102-23.
" Person with a moderate intellectual |
disability Moderately intellectually disabled person " means a |
person whose
intelligence
quotient is between 41 and 55 and who |
does not suffer from significant mental
illness to the extent |
that the person's ability to exercise rational judgment
is |
impaired.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(725 ILCS 5/Art. 106B heading) |
ARTICLE 106B. VICTIMS OF SEXUAL ABUSE: CHILDREN AND PERSONS |
WITH DEVELOPMENTAL DISABILITIES CHILD AND DEVELOPMENTALLY |
DISABLED VICTIMS OF SEXUAL ABUSE
|
|
(Source: P.A. 95-897, eff. 1-1-09.)
|
(725 ILCS 5/106B-5)
|
Sec. 106B-5. Testimony by a victim who is a child or a
|
person with a moderate, severe, or profound intellectual |
disability moderately, severely, or profoundly intellectually |
disabled person or a person affected by a developmental |
disability.
|
(a) In a proceeding in the prosecution of an offense
of |
criminal sexual assault, predatory criminal sexual assault of a |
child,
aggravated criminal sexual assault, criminal
sexual |
abuse, or aggravated criminal sexual abuse, a court may order |
that
the testimony of a victim who is a child under
the age of |
18 years or a person with a moderate, severe, or profound |
intellectual disability moderately, severely, or profoundly |
intellectually disabled person or a person affected by a |
developmental disability be taken outside
the courtroom and |
shown in the courtroom by means of a closed
circuit television |
if:
|
(1) the testimony is taken during the proceeding; and
|
(2) the judge determines that testimony by the
child |
victim or victim with a moderate, severe, or profound |
intellectual disability moderately, severely, or |
profoundly intellectually disabled victim or victim |
affected by a developmental disability in the
courtroom |
will result in the child
or person with a moderate, severe, |
|
or profound intellectual disability moderately, severely, |
or profoundly intellectually disabled person
or person |
affected by a developmental disability suffering serious |
emotional distress
such that the child
or person with a |
moderate, severe, or profound intellectual disability |
moderately, severely, or profoundly intellectually |
disabled person or person affected by a developmental |
disability cannot
reasonably communicate or that
the child |
or person with a moderate, severe, or profound intellectual |
disability moderately, severely, or
profoundly |
intellectually disabled
person or person affected by a |
developmental disability will
suffer severe emotional |
distress that is likely to cause the child or
person with a |
moderate, severe, or profound intellectual disability |
moderately, severely, or profoundly intellectually |
disabled person or person affected by a developmental |
disability to suffer
severe adverse effects.
|
(b) Only the prosecuting attorney, the attorney for the
|
defendant, and the judge may question the child or person with |
a moderate, severe, or profound intellectual disability |
moderately, severely,
or profoundly intellectually disabled
|
person or person affected by a developmental disability.
|
(c) The operators of the closed circuit television shall |
make every
effort to be unobtrusive.
|
(d) Only the following persons may be in the room with
the |
child or person with a moderate, severe, or profound |
|
intellectual disability moderately, severely, or profoundly |
intellectually disabled person or person affected by a |
developmental disability
when the child or person with a |
moderate, severe, or profound intellectual disability |
moderately,
severely, or profoundly intellectually disabled
|
person or person affected by a developmental disability |
testifies by closed circuit
television:
|
(1) the prosecuting attorney;
|
(2) the attorney for the defendant;
|
(3) the judge;
|
(4) the operators of the closed circuit television |
equipment; and
|
(5) any person or persons whose presence, in the |
opinion of the court,
contributes to the well-being of
the |
child or person with a moderate, severe, or profound |
intellectual disability moderately, severely, or |
profoundly intellectually disabled
person or person |
affected by a developmental disability, including a person |
who has
dealt with the child in a therapeutic setting |
concerning the abuse, a
parent
or guardian of the child or |
person with a moderate, severe, or profound intellectual |
disability moderately, severely, or profoundly |
intellectually disabled
person or person affected by a |
developmental disability, and court security personnel.
|
(e) During the child's or person with a moderate, severe, |
or profound intellectual disability moderately, severely, or |
|
profoundly intellectually disabled
person's or person affected |
by a developmental disability's testimony by closed circuit |
television, the
defendant shall be in the courtroom and shall |
not communicate with the jury
if the cause is being heard |
before a jury.
|
(f) The defendant shall be allowed to communicate with
the |
persons in the room where the child or person with a moderate, |
severe, or profound intellectual disability moderately, |
severely, or
profoundly intellectually disabled person
or |
person affected by a developmental disability is testifying by |
any appropriate electronic method.
|
(g) The provisions of this Section do not apply if the |
defendant
represents himself pro se.
|
(h) This Section may not be interpreted to preclude, for |
purposes of
identification of a defendant, the presence of both |
the victim and the
defendant in the courtroom at the same time.
|
(i) This Section applies to prosecutions pending on or |
commenced on or after
the effective date of this amendatory Act |
of 1994.
|
(j) For the purposes of this Section, "developmental |
disability" includes, but is not limited to, cerebral palsy, |
epilepsy, and autism. |
(Source: P.A. 97-227, eff. 1-1-12.)
|
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
|
Sec. 110-5. Determining the amount of bail and conditions |
|
of release.
|
(a) In determining the amount of monetary bail or |
conditions of release, if
any,
which will reasonably assure the |
appearance of a defendant as required or
the safety of any |
other person or the community and the likelihood of
compliance |
by the
defendant with all the conditions of bail, the court |
shall, on the
basis of available information, take into account |
such matters as the
nature and circumstances of the offense |
charged, whether the evidence
shows that as part of the offense |
there was a use of violence or threatened
use of violence, |
whether the offense involved corruption of public
officials or |
employees, whether there was physical harm or threats of |
physical
harm to any
public official, public employee, judge, |
prosecutor, juror or witness,
senior citizen, child , or person |
with a disability handicapped person , whether evidence shows |
that
during the offense or during the arrest the defendant |
possessed or used a
firearm, machine gun, explosive or metal |
piercing ammunition or explosive
bomb device or any military or |
paramilitary armament,
whether the evidence
shows that the |
offense committed was related to or in furtherance of the
|
criminal activities of an organized gang or was motivated by |
the defendant's
membership in or allegiance to an organized |
gang,
the condition of the
victim, any written statement |
submitted by the victim or proffer or
representation by the |
State regarding the
impact which the alleged criminal conduct |
has had on the victim and the
victim's concern, if any, with |
|
further contact with the defendant if
released on bail, whether |
the offense was based on racial, religious,
sexual orientation |
or ethnic hatred,
the likelihood of the filing of a greater |
charge, the likelihood of
conviction, the sentence applicable |
upon conviction, the weight of the evidence
against such |
defendant, whether there exists motivation or ability to
flee, |
whether there is any verification as to prior residence, |
education,
or family ties in the local jurisdiction, in another |
county,
state or foreign country, the defendant's employment, |
financial resources,
character and mental condition, past |
conduct, prior use of alias names or
dates of birth, and length |
of residence in the community,
the consent of the defendant to |
periodic drug testing in accordance with
Section 110-6.5,
|
whether a foreign national defendant is lawfully admitted in |
the United
States of America, whether the government of the |
foreign national
maintains an extradition treaty with the |
United States by which the foreign
government will extradite to |
the United States its national for a trial for
a crime |
allegedly committed in the United States, whether the defendant |
is
currently subject to deportation or exclusion under the |
immigration laws of
the United States, whether the defendant, |
although a United States citizen,
is considered under the law |
of any foreign state a national of that state
for the purposes |
of extradition or non-extradition to the United States,
the |
amount of unrecovered proceeds lost as a result of
the alleged |
offense, the
source of bail funds tendered or sought to be |
|
tendered for bail,
whether from the totality of the court's |
consideration,
the loss of funds posted or sought to be posted |
for bail will not deter the
defendant from flight, whether the |
evidence shows that the defendant is
engaged in significant
|
possession, manufacture, or delivery of a controlled substance |
or cannabis,
either individually or in consort with others,
|
whether at the time of the offense
charged he or she was on |
bond or pre-trial release pending trial, probation,
periodic |
imprisonment or conditional discharge pursuant to this Code or |
the
comparable Code of any other state or federal jurisdiction, |
whether the
defendant is on bond or
pre-trial release pending |
the imposition or execution of sentence or appeal of
sentence |
for any offense under the laws of Illinois or any other state |
or
federal jurisdiction, whether the defendant is under parole, |
aftercare release, mandatory
supervised release, or
work |
release from the Illinois Department of Corrections or Illinois |
Department of Juvenile Justice or any penal
institution or |
corrections department of any state or federal
jurisdiction, |
the defendant's record of convictions, whether the defendant |
has been
convicted of a misdemeanor or ordinance offense in |
Illinois or similar
offense in other state or federal |
jurisdiction within the 10 years
preceding the current charge |
or convicted of a felony in Illinois, whether
the defendant was |
convicted of an offense in another state or federal
|
jurisdiction that would
be a felony if committed in Illinois |
within the 20 years preceding the
current charge or has been |
|
convicted of such felony and released from the
penitentiary |
within 20 years preceding the current charge if a
penitentiary |
sentence was imposed in Illinois or other state or federal
|
jurisdiction, the defendant's records of juvenile adjudication |
of delinquency in any
jurisdiction, any record of appearance or |
failure to appear by
the defendant at
court proceedings, |
whether there was flight to avoid arrest or
prosecution, |
whether the defendant escaped or
attempted to escape to avoid |
arrest, whether the defendant refused to
identify himself or |
herself, or whether there was a refusal by the defendant to be
|
fingerprinted as required by law. Information used by the court |
in its
findings or stated in or
offered in connection with this |
Section may be by way of proffer based upon
reliable |
information offered by the State or defendant.
All evidence |
shall be admissible if it is relevant and
reliable regardless |
of whether it would be admissible under the rules of
evidence |
applicable at criminal trials.
If the State presents evidence |
that the offense committed by the defendant
was related to or |
in furtherance of the criminal activities of an organized
gang |
or was motivated by the defendant's membership in or allegiance |
to an
organized gang, and if the court determines that the |
evidence may be
substantiated, the court shall prohibit the |
defendant from associating with
other members of the organized |
gang as a condition of bail or release.
For the purposes of |
this Section,
"organized gang" has the meaning ascribed to it |
in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
|
Prevention Act.
|
(b) The amount of bail shall be:
|
(1) Sufficient to assure compliance with the |
conditions set forth in the
bail bond, which shall include |
the defendant's current address with a written
|
admonishment to the defendant that he or she must comply |
with the provisions of
Section 110-12 regarding any change |
in his or her address. The defendant's
address shall at all |
times remain a matter of public record with the clerk
of |
the court.
|
(2) Not oppressive.
|
(3) Considerate of the financial ability of the |
accused.
|
(4) When a person is charged with a drug related |
offense involving
possession or delivery of cannabis or |
possession or delivery of a
controlled substance as defined |
in the Cannabis Control Act,
the Illinois Controlled |
Substances Act, or the Methamphetamine Control and |
Community Protection Act, the full street value
of the |
drugs seized shall be considered. "Street value" shall be
|
determined by the court on the basis of a proffer by the |
State based upon
reliable information of a law enforcement |
official contained in a written
report as to the amount |
seized and such proffer may be used by the court as
to the |
current street value of the smallest unit of the drug |
seized.
|
|
(b-5) Upon the filing of a written request demonstrating |
reasonable cause, the State's Attorney may request a source of |
bail hearing either before or after the posting of any funds.
|
If the hearing is granted, before the posting of any bail, the |
accused must file a written notice requesting that the court |
conduct a source of bail hearing. The notice must be |
accompanied by justifying affidavits stating the legitimate |
and lawful source of funds for bail. At the hearing, the court |
shall inquire into any matters stated in any justifying |
affidavits, and may also inquire into matters appropriate to |
the determination which shall include, but are not limited to, |
the following: |
(1) the background, character, reputation, and |
relationship to the accused of any surety; and |
(2) the source of any money or property deposited by |
any surety, and whether any such money or property |
constitutes the fruits of criminal or unlawful conduct; and |
(3) the source of any money posted as cash bail, and |
whether any such money constitutes the fruits of criminal |
or unlawful conduct; and |
(4) the background, character, reputation, and |
relationship to the accused of the person posting cash |
bail. |
Upon setting the hearing, the court shall examine, under |
oath, any persons who may possess material information. |
The State's Attorney has a right to attend the hearing, to |
|
call witnesses and to examine any witness in the proceeding. |
The court shall, upon request of the State's Attorney, continue |
the proceedings for a reasonable period to allow the State's |
Attorney to investigate the matter raised in any testimony or |
affidavit.
If the hearing is granted after the accused has |
posted bail, the court shall conduct a hearing consistent with |
this subsection (b-5). At the conclusion of the hearing, the |
court must issue an order either approving of disapproving the |
bail.
|
(c) When a person is charged with an offense punishable by |
fine only the
amount of the bail shall not exceed double the |
amount of the maximum penalty.
|
(d) When a person has been convicted of an offense and only |
a fine has
been imposed the amount of the bail shall not exceed |
double the amount of
the fine.
|
(e) The State may appeal any order granting bail or setting
|
a given amount for bail. |
(f) When a person is charged with a violation of an order |
of protection under Section 12-3.4 or 12-30 of the Criminal |
Code of 1961 or the Criminal Code of 2012 or when a person is |
charged with domestic battery, aggravated domestic battery, |
kidnapping, aggravated kidnaping, unlawful restraint, |
aggravated unlawful restraint, stalking, aggravated stalking, |
cyberstalking, harassment by telephone, harassment through |
electronic communications, or an attempt to commit first degree |
murder committed against an intimate partner regardless |
|
whether an order of protection has been issued against the |
person, |
(1) whether the alleged incident involved harassment |
or abuse, as defined in the Illinois Domestic Violence Act |
of 1986; |
(2) whether the person has a history of domestic |
violence, as defined in the Illinois Domestic Violence Act, |
or a history of other criminal acts; |
(3) based on the mental health of the person; |
(4) whether the person has a history of violating the |
orders of any court or governmental entity; |
(5) whether the person has been, or is, potentially a |
threat to any other person; |
(6) whether the person has access to deadly weapons or |
a history of using deadly weapons; |
(7) whether the person has a history of abusing alcohol |
or any controlled substance; |
(8) based on the severity of the alleged incident that |
is the basis of the alleged offense, including, but not |
limited to, the duration of the current incident, and |
whether the alleged incident involved the use of a weapon, |
physical injury, sexual assault, strangulation, abuse |
during the alleged victim's pregnancy, abuse of pets, or |
forcible entry to gain access to the alleged victim; |
(9) whether a separation of the person from the alleged |
victim or a termination of the relationship between the |
|
person and the alleged victim has recently occurred or is |
pending; |
(10) whether the person has exhibited obsessive or |
controlling behaviors toward the alleged victim, |
including, but not limited to, stalking, surveillance, or |
isolation of the alleged victim or victim's family member |
or members; |
(11) whether the person has expressed suicidal or |
homicidal ideations; |
(12) based on any information contained in the |
complaint and any police reports, affidavits, or other |
documents accompanying the complaint, |
the court may, in its discretion, order the respondent to |
undergo a risk assessment evaluation using a recognized, |
evidence-based instrument conducted by an Illinois Department |
of Human Services approved partner abuse intervention program |
provider, pretrial service, probation, or parole agency. These |
agencies shall have access to summaries of the defendant's |
criminal history, which shall not include victim interviews or |
information, for the risk evaluation. Based on the information |
collected from the 12 points to be considered at a bail hearing |
under this subsection (f), the results of any risk evaluation |
conducted and the other circumstances of the violation, the |
court may order that the person, as a condition of bail, be |
placed under electronic surveillance as provided in Section |
5-8A-7 of the Unified Code of Corrections. Upon making a |
|
determination whether or not to order the respondent to undergo |
a risk assessment evaluation or to be placed under electronic |
surveillance and risk assessment, the court shall document in |
the record the court's reasons for making those determinations. |
The cost of the electronic surveillance and risk assessment |
shall be paid by, or on behalf, of the defendant. As used in |
this subsection (f), "intimate partner" means a spouse or a |
current or former partner in a cohabitation or dating |
relationship.
|
(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; |
98-1012, eff. 1-1-15 .)
|
(725 ILCS 5/114-15)
|
Sec. 114-15. Intellectual disability. |
(a) In a first degree murder case in which the State seeks |
the death
penalty as an appropriate sentence, any party may |
raise the issue of the
defendant's intellectual disabilities by |
motion. A defendant wishing to raise the
issue of his or her |
intellectual disabilities shall provide written notice to the
|
State
and the court as soon as the defendant reasonably |
believes such issue will be
raised.
|
(b) The issue of the defendant's intellectual disabilities |
shall be
determined in a pretrial hearing. The court shall be |
the fact finder on the
issue of the defendant's intellectual |
disabilities and shall determine the issue by a
preponderance |
of evidence in which the moving party has the burden of proof.
|
|
The court may appoint an expert in the field of intellectual |
disabilities. The defendant and the State may offer experts |
from the
field of intellectual disabilities. The court shall |
determine admissibility of
evidence and qualification as an |
expert.
|
(c) If after a plea of guilty to first degree murder, or a |
finding of guilty
of first degree murder in a bench trial, or a |
verdict of guilty for first
degree
murder in a jury trial, or |
on a matter remanded from the Supreme Court for
sentencing for |
first degree murder, and the State seeks the death penalty as |
an
appropriate sentence, the defendant may raise the issue of |
defendant's intellectual disabilities not at eligibility but |
at aggravation and mitigation. The
defendant
and the State may |
offer experts from the field of intellectual disabilities. The
|
court shall determine admissibility of evidence and |
qualification as an expert.
|
(d) In determining whether the defendant is a person with |
an intellectual disability intellectually disabled , the |
intellectual disability
must have manifested itself by the age |
of 18.
IQ tests and psychometric tests administered to the |
defendant
must be the kind and type recognized by experts in |
the field of intellectual disabilities. In order for the |
defendant to be considered a person with an intellectual |
disability intellectually disabled , a
low IQ must be |
accompanied by
significant deficits in adaptive behavior in at |
least 2 of
the
following skill areas: communication, self-care, |
|
social or interpersonal
skills,
home living, self-direction, |
academics, health and safety, use of community
resources, and |
work.
An
intelligence quotient (IQ) of 75 or below is |
presumptive evidence of an intellectual disability.
|
(e) Evidence of an intellectual disability that did not |
result in disqualifying
the case as a capital case, may be |
introduced as evidence in mitigation
during a capital |
sentencing hearing. A failure of the court to determine that
|
the defendant is a person with an intellectual disability |
intellectually disabled does not preclude the court during |
trial
from allowing evidence relating to mental disability |
should the court deem it
appropriate.
|
(f) If the court determines at a pretrial hearing or after |
remand that a
capital defendant
is a person with an |
intellectual disability intellectually disabled , and the State |
does not appeal pursuant to Supreme Court
Rule 604, the case |
shall no longer be considered a capital case and the
procedural |
guidelines established for capital cases shall no longer be
|
applicable to the defendant. In that case, the defendant shall |
be sentenced
under the sentencing provisions of Chapter V of |
the Unified Code of
Corrections.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
|
Sec. 115-10. Certain hearsay exceptions.
|
(a) In a prosecution for a physical or sexual act |
|
perpetrated upon or
against a child under the age of 13, or a
|
person who was a person with a moderate, severe, or profound |
intellectual disability moderately, severely, or
profoundly |
intellectually disabled person as
defined in this
Code and in |
Section 2-10.1 of the
Criminal Code of 1961 or the Criminal |
Code of 2012 at the time the act was committed, including but |
not
limited to prosecutions for violations of Sections 11-1.20 |
through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of |
1961 or the Criminal Code of 2012 and prosecutions for |
violations of Sections
10-1 (kidnapping), 10-2 (aggravated |
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated |
unlawful restraint), 10-4 (forcible detention), 10-5 (child |
abduction), 10-6 (harboring a runaway), 10-7 (aiding or |
abetting child abduction), 11-9 (public indecency), 11-11 |
(sexual relations within families), 11-21 (harmful material), |
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), |
12-3.2 (domestic battery), 12-3.3 (aggravated domestic |
battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 |
(heinous battery), 12-4.2 (aggravated battery with a firearm), |
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced |
infliction of great bodily harm), 12-5 (reckless conduct), 12-6 |
(intimidation), 12-6.1 or 12-6.5 (compelling organization |
membership of persons), 12-7.1 (hate crime), 12-7.3 |
(stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 |
(tattooing the body of a minor), 12-11 or 19-6 (home invasion), |
12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 |
|
(endangering the life or health of a child) or 12-32 (ritual |
mutilation) of the Criminal Code of
1961 or the Criminal Code |
of 2012 or any sex offense as defined in subsection (B) of |
Section 2 of the Sex Offender Registration Act, the following |
evidence shall be admitted as an exception to the
hearsay rule:
|
(1) testimony by the victim of an out of court |
statement made by the
victim that he or
she complained of |
such act to another; and
|
(2) testimony of an out of court statement made by the |
victim describing
any complaint of such act or matter or |
detail pertaining to any act which is an
element of an |
offense which is the subject of a prosecution for a sexual |
or
physical act against that victim.
|
(b) Such testimony shall only be admitted if:
|
(1) The court finds in a hearing conducted outside the |
presence of the
jury that the time, content, and |
circumstances of the statement provide
sufficient |
safeguards of reliability; and
|
(2) The child or person with a moderate, severe, or |
profound intellectual disability moderately, severely, or
|
profoundly intellectually disabled person either:
|
(A) testifies at the proceeding; or
|
(B) is unavailable as a witness and there is |
corroborative evidence of
the act which is the subject |
of the statement; and
|
(3) In a case involving an offense perpetrated against |
|
a child under the
age of 13, the out of court statement was |
made before the
victim attained 13 years of age or within 3 |
months after the commission of the
offense, whichever |
occurs later, but the statement may be admitted regardless
|
of the age of
the victim at the time of the proceeding.
|
(c) If a statement is admitted pursuant to this Section, |
the court shall
instruct the jury that it is for the jury to |
determine the weight and
credibility to be given the statement |
and that, in making the determination,
it shall consider the |
age and maturity of the child, or the
intellectual capabilities |
of the person with a moderate, severe, or profound intellectual |
disability moderately,
severely,
or profoundly intellectually |
disabled
person , the nature of the statement, the circumstances |
under which the
statement was made, and any other relevant |
factor.
|
(d) The proponent of the statement shall give the adverse |
party
reasonable notice of his intention to offer the statement |
and the
particulars of the statement.
|
(e) Statements described in paragraphs (1) and (2) of |
subsection (a) shall
not be excluded on the basis that they |
were obtained as a result of interviews
conducted pursuant to a |
protocol adopted by a Child Advocacy Advisory Board as
set |
forth in subsections (c), (d), and (e) of Section 3 of the |
Children's
Advocacy Center Act or that an interviewer or |
witness to the interview was or
is an employee, agent, or |
investigator of a State's Attorney's office.
|
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section |
965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff. |
7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, |
eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
(725 ILCS 5/122-2.2)
|
Sec. 122-2.2. Intellectual disability and post-conviction |
relief.
|
(a) In cases where no determination of an intellectual |
disability was made and a
defendant has been convicted of |
first-degree
murder, sentenced to death, and is in custody |
pending execution of the
sentence of death, the following |
procedures shall apply:
|
(1) Notwithstanding any other provision of law or rule |
of court, a
defendant may seek relief from the death |
sentence through a petition for
post-conviction relief |
under this Article alleging that the defendant was a person |
with an intellectual disability intellectually disabled
as |
defined in Section 114-15 at the time the offense was
|
alleged to have been
committed.
|
(2) The petition must be filed within 180 days of the |
effective date of
this
amendatory Act of the 93rd General |
Assembly or within 180 days of the
issuance of the mandate |
by the Illinois Supreme Court setting the date of
|
execution, whichever is later.
|
(b) (3) All other provisions of this Article governing |
|
petitions for
post-conviction relief shall apply to a petition |
for post-conviction relief
alleging an intellectual |
disability.
|
(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)
|
Section 895. The Rights of Crime Victims and Witnesses Act |
is amended by changing Section 3 as follows:
|
(725 ILCS 120/3) (from Ch. 38, par. 1403)
|
Sec. 3. The terms used in this Act, unless the context |
clearly
requires otherwise, shall have the following meanings:
|
(a) "Crime victim" and "victim" mean (1) a person |
physically injured in this State as a
result of a violent crime |
perpetrated or attempted against that person or (2) a
person |
who suffers injury to or loss of property as a result of a |
violent crime
perpetrated or attempted against that person or |
(3) a single
representative who
may be the spouse, parent, |
child or sibling of a person killed as a result of a
violent |
crime perpetrated against the person killed or the spouse, |
parent,
child or sibling of any person granted rights under |
this Act who is physically
or mentally incapable of exercising |
such rights, except where the spouse,
parent, child or sibling |
is also the defendant or prisoner or (4) any person
against |
whom a violent crime has been committed or (5) any person
who |
has suffered personal injury as a result of a violation of |
Section 11-501
of the Illinois Vehicle Code, or of a similar |
|
provision of a local ordinance,
or of Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012 or (6) in |
proceedings under the Juvenile Court Act of 1987, both parents, |
legal guardians, foster parents, or a single adult |
representative of a minor or person with a disability disabled |
person who is a crime victim.
|
(b) "Witness" means any person who personally observed the |
commission of
a violent crime and who will testify on behalf of |
the State of Illinois in
the criminal prosecution of the |
violent crime.
|
(c) "Violent Crime" means any felony in which force or |
threat of force was
used against the victim, or any offense |
involving sexual exploitation, sexual
conduct or sexual |
penetration, or a violation of Section 11-20.1, 11-20.1B, or |
11-20.3 of the Criminal Code of 1961 or the Criminal Code of |
2012, domestic battery, violation of an order of
protection, |
stalking, or any misdemeanor which results in death or great |
bodily
harm to the victim or any violation of Section 9-3 of |
the Criminal Code of
1961 or the Criminal Code of 2012, or |
Section 11-501 of the Illinois Vehicle
Code, or a similar |
provision of a local ordinance, if the violation resulted
in |
personal injury or death, and includes any action committed by |
a juvenile
that would be a violent crime if committed by an |
adult. For the purposes of
this paragraph, "personal injury" |
shall include any Type A injury as indicated
on the traffic |
accident report completed by a law enforcement officer that
|
|
requires immediate professional attention in either a doctor's |
office or
medical facility. A type A injury shall include |
severely bleeding wounds,
distorted extremities, and injuries |
that require the injured party to be
carried from the scene.
|
(d) "Sentencing Hearing" means any hearing where a sentence |
is imposed
by the court on a convicted defendant and includes |
hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 |
and 5-7-7 of the Unified Code of
Corrections.
|
(e) "Court proceedings" includes the preliminary hearing, |
any hearing the
effect of which may be the release of the |
defendant from custody or to alter
the conditions of bond, the |
trial, sentencing hearing, notice of appeal, any
modification |
of sentence, probation revocation hearings, aftercare release |
or parole hearings.
|
(f) "Concerned citizen"
includes relatives of the victim, |
friends of the victim, witnesses to the
crime, or any other |
person associated with the victim or prisoner. |
(Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13; |
98-558, eff. 1-1-14.)
|
Section 900. The Sexually Violent Persons Commitment Act is |
amended by changing Section 90 as follows:
|
(725 ILCS 207/90)
|
Sec. 90. Committed persons ability to pay for services.
|
Each person committed or detained under this Act who receives |
|
services
provided directly or funded by the Department and the |
estate of that person is
liable for the payment of sums |
representing charges for services to the person
at a rate to be |
determined by the Department. Services charges against that
|
person take effect on the date of admission or the effective |
date of this
Section. The Department in its rules may establish |
a maximum
rate for the cost of services. In the case of any |
person who has received
residential services from the |
Department, whether directly from the Department
or through a |
public or
private agency or entity funded by the Department, |
the liability shall be the
same regardless of the source of |
services. When the person is placed in a
facility outside the |
Department, the facility shall collect reimbursement from
the |
person. The Department may supplement the contribution of the |
person to
private facilities after all other sources of income |
have been utilized;
however the supplement shall not exceed the |
allowable rate under Title XVIII
or Title XIX of the Federal |
Social Security Act for those persons eligible for
those |
respective programs. The Department may pay the actual costs of |
services
or maintenance in the facility and may collect |
reimbursement for the entire
amount paid from the person or an |
amount not to exceed the maximum. Lesser or
greater amounts may |
be accepted by the Department when conditions warrant that
|
action or when offered by persons not liable under this Act. |
Nothing in this
Section shall preclude the Department from |
applying federal benefits that are
specifically provided for |
|
the care and treatment of a person with a disability disabled |
person toward
the cost of care provided by a State facility or |
private agency. The
Department
may investigate the financial |
condition of each
person committed under this Act, may make |
determinations of the ability of each
such person to pay sums |
representing services charges, and for those purposes
may set a |
standard as a basis of judgment of ability to pay. The |
Department
shall by rule make provisions for unusual and |
exceptional circumstances in the
application of that standard. |
The Department may issue to any person liable
under this Act a |
statement of amount due as treatment charges requiring him or
|
her to
pay monthly, quarterly, or otherwise as may be arranged, |
an amount not
exceeding that required under this Act, plus fees |
to which the Department may
be entitled under this Act.
|
(a) Whenever an individual is covered, in part or in whole, |
under any type
of insurance arrangement, private or public, for |
services provided by the
Department, the proceeds from the |
insurance shall be considered as part of the
individual's |
ability to pay notwithstanding that the insurance contract was
|
entered into by a person other than the individual or that the
|
premiums for the insurance were paid for by a person other than |
the
individual. Remittances from intermediary agencies under |
Title XVIII of the
Federal
Social Security Act for services to |
committed persons shall be deposited with
the State Treasurer |
and placed in the Mental Health Fund. Payments received
from |
the Department of Healthcare and Family Services
under Title |
|
XIX of the Federal Social
Security Act for services to those |
persons shall be deposited with the State
Treasurer and shall |
be placed in the General Revenue Fund.
|
(b) Any person who has been issued a Notice of |
Determination of sums due as
services charges may petition the |
Department for a review of that
determination. The petition |
must be in writing and filed with the Department
within 90 days |
from the date of the Notice of Determination. The Department
|
shall provide for a hearing to be held on the charges for the |
period covered by
the petition. The Department may after the |
hearing, cancel, modify, or
increase the former determination |
to an amount not to exceed the maximum
provided for the person |
by this Act. The Department at its expense shall take
testimony |
and preserve a record of all proceedings at the hearing upon |
any
petition for a release from or modification of the |
determination. The
petition and other documents in the nature |
of pleadings and motions filed in
the case, a transcript of |
testimony, findings of the Department, and orders of
the |
Secretary constitute the record. The Secretary shall furnish a |
transcript
of the record to any person upon payment of 75¢ per |
page for each
original transcript and 25¢ per page for each |
copy of the transcript. Any
person
aggrieved by the decision of |
the Department upon a hearing may, within 30
days thereafter, |
file a petition with the Department for review of the
decision |
by the Board of Reimbursement Appeals established in the Mental |
Health
and Developmental Disabilities Code. The Board of |
|
Reimbursement Appeals may
approve action taken by the |
Department or may remand the case to the Secretary
with |
recommendation for redetermination of charges.
|
(c) Upon receiving a petition for review under subsection |
(b) of this
Section, the Department shall thereupon
notify the |
Board of Reimbursement Appeals which shall render its decision
|
thereon within 30 days after the petition is filed and certify |
such decision to
the Department. Concurrence of a majority of |
the Board is necessary in any
such decision. Upon request of |
the Department, the State's Attorney of the
county in which a |
client who is liable under this Act for payment of sums
|
representing services charges resides, shall institute |
appropriate legal action
against any such client, or within the |
time provided by law shall file a
claim against the estate of |
the client who fails or refuses to pay those
charges. The court |
shall order the payment of sums due for services charges
for |
such period or periods of time as the circumstances require. |
The order
may be entered against any defendant and may be based |
upon the proportionate
ability of each defendant to contribute |
to the payment of sums representing
services charges including |
the actual charges for services in facilities
outside
the |
Department where the Department has paid those charges. Orders |
for the
payment of money may be enforced by attachment as for |
contempt against the
persons of the defendants and, in |
addition, as other judgments for the payment
of money, and |
costs may be adjudged against the defendants and apportioned
|
|
among them.
|
(d) The money collected shall be deposited into the Mental |
Health Fund.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 905. The State's Attorneys Appellate Prosecutor's |
Act is amended by changing Section 4.10 as follows:
|
(725 ILCS 210/4.10) (from Ch. 14, par. 204.10)
|
Sec. 4.10.
The Office may conduct and charge tuition for |
training
programs for State's Attorneys, Assistant State's |
Attorneys and other
law enforcement officers. The Office shall |
conduct training programs and provide technical trial |
assistance for Illinois State's Attorneys, Assistant State's |
Attorneys, and
law enforcement officers on: (1) |
constitutional, statutory, and case law issues; (2) forensic |
evidence; (3) prosecutorial ethics and professional |
responsibility; and (4) a continuum of trial advocacy
|
techniques and methods, including an emphasis on the |
elimination of or reduction in the trauma of
testifying in |
criminal proceedings for vulnerable populations including |
seniors, persons with disabilities disabled persons , and |
children who serve as witnesses in
such proceedings. The Office |
may make grants for these purposes. In addition, the Office may
|
publish, disseminate
and sell publications and newsletters |
which digest current Appellate and
Supreme Court cases and |
|
legislative developments of importance to prosecutors
and law |
enforcement officials. The moneys collected by the Office from
|
the programs and publications provided for in this Section |
shall be deposited
in the Continuing Legal Education Trust |
Fund, which special fund is hereby
created in the State |
Treasury. In addition, such appropriations, gifts or grants of |
money
as the Office may secure from any public or private
|
source for the purposes
described in this
Section shall be |
deposited in the Continuing Legal Education Trust Fund.
The |
General Assembly
shall make appropriations from the Continuing |
Legal Education Trust Fund
for the expenses of the Office |
incident to conducting the programs and
publishing the |
materials provided for in this Section.
|
(Source: P.A. 97-641, eff. 12-19-11.)
|
Section 910. The Unified Code of Corrections is amended by |
changing Sections 3-12-16, 5-1-8, 5-1-13, 5-5-3, 5-5-3.1, |
5-5-3.2, 5-6-3, 5-6-3.1, and 5-7-1 as follows:
|
(730 ILCS 5/3-12-16)
|
Sec. 3-12-16. Helping Paws Service Dog Program.
|
(a) In this Section:
|
" Person with a disability Disabled person " means a person |
who suffers from a physical or mental
impairment that |
substantially
limits one or more major life activities.
|
"Program" means the Helping Paws Service Dog Program |
|
created by this
Section.
|
"Service dog" means a dog trained in obedience and task |
skills to meet
the
needs of a person with a disability disabled |
person .
|
"Animal care professional" means a person certified to work |
in animal
care
related services, such as
grooming, kenneling, |
and any other related fields.
|
"Service dog professional" means a person certified to |
train service
dogs
by an agency, organization, or
school |
approved by the Department.
|
(b) The Department may establish the Helping Paws Service |
Dog Program to
train
committed persons to be
service dog |
trainers and animal care professionals. The Department shall |
select
committed persons in
various correctional institutions |
and facilities to participate in the Program.
|
(c) Priority for participation in the Program must be given |
to committed
persons who either have a high school
diploma or |
have passed high school equivalency testing.
|
(d) The Department may contract with service dog |
professionals to train
committed persons to be certified
|
service dog trainers. Service dog professionals shall train |
committed persons
in
dog obedience training,
service dog |
training, and animal health care. Upon successful completion of |
the
training, a committed
person shall receive certification by |
an agency, organization, or school
approved by the Department.
|
(e) The Department may designate a non-profit organization |
|
to select
animals
from humane societies and
shelters for the |
purpose of being trained as service dogs and for participation
|
in any program designed to
train animal care professionals.
|
(f) After a dog is trained by the committed person as a |
service dog, a
review
committee consisting of an equal
number |
of persons from the Department and the non-profit organization |
shall
select a person with a disability disabled person to
|
receive the service dog free of charge.
|
(g) Employees of the Department shall periodically visit |
persons with disabilities disabled persons
who
have received |
service dogs from
the Department under this Section to |
determine whether the needs of the
persons with disabilities |
disabled persons have been met
by the service dogs trained by |
committed persons.
|
(h) Employees of the Department shall periodically visit |
committed persons
who
have been certified as service
dog |
trainers or animal care professionals and who have been paroled |
or placed
on mandatory supervised
release to determine whether |
the committed persons are using their skills as
certified |
service dog trainers or
animal care professionals.
|
(Source: P.A. 98-718, eff. 1-1-15 .)
|
(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)
|
Sec. 5-1-8. Defendant in Need of Mental Treatment. |
"Defendant in need of mental treatment" means any defendant |
afflicted
with a mental disorder, not including a person with |
|
an intellectual disability who is intellectually disabled , if
|
that defendant, as a result of such mental disorder, is |
reasonably expected
at the time of determination or within a |
reasonable time thereafter to
intentionally or unintentionally |
physically injure himself or other
persons, or is unable to |
care for himself so as to guard himself from
physical injury or |
to provide for his own physical needs.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
|
Sec. 5-1-13. Intellectual disability Intellectually |
Disabled . " Intellectual disability" means Intellectually |
disabled" and "intellectual disability" mean sub-average |
general
intellectual functioning generally originating during |
the developmental
period and associated with impairment in |
adaptive behavior reflected in
delayed maturation or reduced |
learning ability or inadequate social
adjustment.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
Sec. 5-5-3. Disposition.
|
(a) (Blank).
|
(b) (Blank).
|
(c) (1) (Blank).
|
(2) A period of probation, a term of periodic imprisonment |
or
conditional discharge shall not be imposed for the following |
|
offenses.
The court shall sentence the offender to not less |
than the minimum term
of imprisonment set forth in this Code |
for the following offenses, and
may order a fine or restitution |
or both in conjunction with such term of
imprisonment:
|
(A) First degree murder where the death penalty is not |
imposed.
|
(B) Attempted first degree murder.
|
(C) A Class X felony.
|
(D) A violation of Section 401.1 or 407 of the
Illinois |
Controlled Substances Act, or a violation of subdivision |
(c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
to more than 5 grams of a substance
containing cocaine, |
fentanyl, or an analog thereof.
|
(D-5) A violation of subdivision (c)(1) of
Section 401 |
of the Illinois Controlled Substances Act which relates to |
3 or more grams of a substance
containing heroin or an |
analog thereof. |
(E) A violation of Section 5.1 or 9 of the Cannabis |
Control
Act.
|
(F) A Class 2 or greater felony if the offender had |
been convicted
of a Class 2 or greater felony, including |
any state or federal conviction for an offense that |
contained, at the time it was committed, the same elements |
as an offense now (the date of the offense committed after |
the prior Class 2 or greater felony) classified as a Class |
2 or greater felony, within 10 years of the date on which |
|
the
offender
committed the offense for which he or she is |
being sentenced, except as
otherwise provided in Section |
40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
Act.
|
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
the Criminal Code of 1961 or the Criminal Code of 2012 for |
which imprisonment is prescribed in those Sections. |
(G) Residential burglary, except as otherwise provided |
in Section 40-10
of the Alcoholism and Other Drug Abuse and |
Dependency Act.
|
(H) Criminal sexual assault.
|
(I) Aggravated battery of a senior citizen as described |
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
of the Criminal Code of 1961 or the Criminal Code of 2012.
|
(J) A forcible felony if the offense was related to the |
activities of an
organized gang.
|
Before July 1, 1994, for the purposes of this |
paragraph, "organized
gang" means an association of 5 or |
more persons, with an established hierarchy,
that |
encourages members of the association to perpetrate crimes |
or provides
support to the members of the association who |
do commit crimes.
|
Beginning July 1, 1994, for the purposes of this |
paragraph,
"organized gang" has the meaning ascribed to it |
in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
Prevention Act.
|
|
(K) Vehicular hijacking.
|
(L) A second or subsequent conviction for the offense |
of hate crime
when the underlying offense upon which the |
hate crime is based is felony
aggravated
assault or felony |
mob action.
|
(M) A second or subsequent conviction for the offense |
of institutional
vandalism if the damage to the property |
exceeds $300.
|
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners |
Identification Card Act.
|
(O) A violation of Section 12-6.1 or 12-6.5 of the |
Criminal Code of 1961 or the Criminal Code of 2012.
|
(P) A violation of paragraph (1), (2), (3), (4), (5), |
or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
Code of 1961 or the Criminal Code of 2012.
|
(Q) A violation of subsection (b) or (b-5) of Section |
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
Code of
1961 or the Criminal Code of 2012.
|
(R) A violation of Section 24-3A of the Criminal Code |
of
1961 or the Criminal Code of 2012.
|
(S) (Blank).
|
(T) A second or subsequent violation of the |
Methamphetamine Control and Community Protection Act.
|
(U) A second or subsequent violation of Section 6-303 |
of the Illinois Vehicle Code committed while his or her |
|
driver's license, permit, or privilege was revoked because |
of a violation of Section 9-3 of the Criminal Code of 1961 |
or the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar provision of a law of |
another state.
|
(V)
A violation of paragraph (4) of subsection (c) of |
Section 11-20.1B or paragraph (4) of subsection (c) of |
Section 11-20.3 of the Criminal Code of 1961, or paragraph |
(6) of subsection (a) of Section 11-20.1 of the Criminal |
Code of 2012 when the victim is under 13 years of age and |
the defendant has previously been convicted under the laws |
of this State or any other state of the offense of child |
pornography, aggravated child pornography, aggravated |
criminal sexual abuse, aggravated criminal sexual assault, |
predatory criminal sexual assault of a child, or any of the |
offenses formerly known as rape, deviate sexual assault, |
indecent liberties with a child, or aggravated indecent |
liberties with a child where the victim was under the age |
of 18 years or an offense that is substantially equivalent |
to those offenses. |
(W) A violation of Section 24-3.5 of the Criminal Code |
of 1961 or the Criminal Code of 2012.
|
(X) A violation of subsection (a) of Section 31-1a of |
the Criminal Code of 1961 or the Criminal Code of 2012. |
(Y) A conviction for unlawful possession of a firearm |
by a street gang member when the firearm was loaded or |
|
contained firearm ammunition. |
(Z) A Class 1 felony committed while he or she was |
serving a term of probation or conditional discharge for a |
felony. |
(AA) Theft of property exceeding $500,000 and not |
exceeding $1,000,000 in value. |
(BB) Laundering of criminally derived property of a |
value exceeding
$500,000. |
(CC) Knowingly selling, offering for sale, holding for |
sale, or using 2,000 or more counterfeit items or |
counterfeit items having a retail value in the aggregate of |
$500,000 or more. |
(DD) A conviction for aggravated assault under |
paragraph (6) of subsection (c) of Section 12-2 of the |
Criminal Code of 1961 or the Criminal Code of 2012 if the |
firearm is aimed toward the person against whom the firearm |
is being used. |
(3) (Blank).
|
(4) A minimum term of imprisonment of not less than 10
|
consecutive days or 30 days of community service shall be |
imposed for a
violation of paragraph (c) of Section 6-303 of |
the Illinois Vehicle Code.
|
(4.1) (Blank).
|
(4.2) Except as provided in paragraphs (4.3) and (4.8) of |
this subsection (c), a
minimum of
100 hours of community |
service shall be imposed for a second violation of
Section |
|
6-303
of the Illinois Vehicle Code.
|
(4.3) A minimum term of imprisonment of 30 days or 300 |
hours of community
service, as determined by the court, shall
|
be imposed for a second violation of subsection (c) of Section |
6-303 of the
Illinois Vehicle Code.
|
(4.4) Except as provided in paragraphs
(4.5), (4.6), and |
(4.9) of this
subsection (c), a
minimum term of imprisonment of |
30 days or 300 hours of community service, as
determined by the |
court, shall
be imposed
for a third or subsequent violation of |
Section 6-303 of the Illinois Vehicle
Code.
|
(4.5) A minimum term of imprisonment of 30 days
shall be |
imposed for a third violation of subsection (c) of
Section |
6-303 of the Illinois Vehicle Code.
|
(4.6) Except as provided in paragraph (4.10) of this |
subsection (c), a minimum term of imprisonment of 180 days |
shall be imposed for a
fourth or subsequent violation of |
subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
(4.7) A minimum term of imprisonment of not less than 30 |
consecutive days, or 300 hours of community service, shall be |
imposed for a violation of subsection (a-5) of Section 6-303 of |
the Illinois Vehicle Code, as provided in subsection (b-5) of |
that Section.
|
(4.8) A mandatory prison sentence shall be imposed for a |
second violation of subsection (a-5) of Section 6-303 of the |
Illinois Vehicle Code, as provided in subsection (c-5) of that |
Section. The person's driving privileges shall be revoked for a |
|
period of not less than 5 years from the date of his or her |
release from prison.
|
(4.9) A mandatory prison sentence of not less than 4 and |
not more than 15 years shall be imposed for a third violation |
of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
Code, as provided in subsection (d-2.5) of that Section. The |
person's driving privileges shall be revoked for the remainder |
of his or her life.
|
(4.10) A mandatory prison sentence for a Class 1 felony |
shall be imposed, and the person shall be eligible for an |
extended term sentence, for a fourth or subsequent violation of |
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
as provided in subsection (d-3.5) of that Section. The person's |
driving privileges shall be revoked for the remainder of his or |
her life.
|
(5) The court may sentence a corporation or unincorporated
|
association convicted of any offense to:
|
(A) a period of conditional discharge;
|
(B) a fine;
|
(C) make restitution to the victim under Section 5-5-6 |
of this Code.
|
(5.1) In addition to any other penalties imposed, and |
except as provided in paragraph (5.2) or (5.3), a person
|
convicted of violating subsection (c) of Section 11-907 of the |
Illinois
Vehicle Code shall have his or her driver's license, |
permit, or privileges
suspended for at least 90 days but not |
|
more than one year, if the violation
resulted in damage to the |
property of another person.
|
(5.2) In addition to any other penalties imposed, and |
except as provided in paragraph (5.3), a person convicted
of |
violating subsection (c) of Section 11-907 of the Illinois |
Vehicle Code
shall have his or her driver's license, permit, or |
privileges suspended for at
least 180 days but not more than 2 |
years, if the violation resulted in injury
to
another person.
|
(5.3) In addition to any other penalties imposed, a person |
convicted of violating subsection (c) of Section
11-907 of the |
Illinois Vehicle Code shall have his or her driver's license,
|
permit, or privileges suspended for 2 years, if the violation |
resulted in the
death of another person.
|
(5.4) In addition to any other penalties imposed, a person |
convicted of violating Section 3-707 of the Illinois Vehicle |
Code shall have his or her driver's license, permit, or |
privileges suspended for 3 months and until he or she has paid |
a reinstatement fee of $100. |
(5.5) In addition to any other penalties imposed, a person |
convicted of violating Section 3-707 of the Illinois Vehicle |
Code during a period in which his or her driver's license, |
permit, or privileges were suspended for a previous violation |
of that Section shall have his or her driver's license, permit, |
or privileges suspended for an additional 6 months after the |
expiration of the original 3-month suspension and until he or |
she has paid a reinstatement fee of $100.
|
|
(6) (Blank).
|
(7) (Blank).
|
(8) (Blank).
|
(9) A defendant convicted of a second or subsequent offense |
of ritualized
abuse of a child may be sentenced to a term of |
natural life imprisonment.
|
(10) (Blank).
|
(11) The court shall impose a minimum fine of $1,000 for a |
first offense
and $2,000 for a second or subsequent offense |
upon a person convicted of or
placed on supervision for battery |
when the individual harmed was a sports
official or coach at |
any level of competition and the act causing harm to the
sports
|
official or coach occurred within an athletic facility or |
within the immediate vicinity
of the athletic facility at which |
the sports official or coach was an active
participant
of the |
athletic contest held at the athletic facility. For the |
purposes of
this paragraph (11), "sports official" means a |
person at an athletic contest
who enforces the rules of the |
contest, such as an umpire or referee; "athletic facility" |
means an indoor or outdoor playing field or recreational area |
where sports activities are conducted;
and "coach" means a |
person recognized as a coach by the sanctioning
authority that |
conducted the sporting event. |
(12) A person may not receive a disposition of court |
supervision for a
violation of Section 5-16 of the Boat |
Registration and Safety Act if that
person has previously |
|
received a disposition of court supervision for a
violation of |
that Section.
|
(13) A person convicted of or placed on court supervision |
for an assault or aggravated assault when the victim and the |
offender are family or household members as defined in Section |
103 of the Illinois Domestic Violence Act of 1986 or convicted |
of domestic battery or aggravated domestic battery may be |
required to attend a Partner Abuse Intervention Program under |
protocols set forth by the Illinois Department of Human |
Services under such terms and conditions imposed by the court. |
The costs of such classes shall be paid by the offender.
|
(d) In any case in which a sentence originally imposed is |
vacated,
the case shall be remanded to the trial court. The |
trial court shall
hold a hearing under Section 5-4-1 of the |
Unified Code of Corrections
which may include evidence of the |
defendant's life, moral character and
occupation during the |
time since the original sentence was passed. The
trial court |
shall then impose sentence upon the defendant. The trial
court |
may impose any sentence which could have been imposed at the
|
original trial subject to Section 5-5-4 of the Unified Code of |
Corrections.
If a sentence is vacated on appeal or on |
collateral attack due to the
failure of the trier of fact at |
trial to determine beyond a reasonable doubt
the
existence of a |
fact (other than a prior conviction) necessary to increase the
|
punishment for the offense beyond the statutory maximum |
otherwise applicable,
either the defendant may be re-sentenced |
|
to a term within the range otherwise
provided or, if the State |
files notice of its intention to again seek the
extended |
sentence, the defendant shall be afforded a new trial.
|
(e) In cases where prosecution for
aggravated criminal |
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
Code of 1961 or the Criminal Code of 2012 results in conviction |
of a defendant
who was a family member of the victim at the |
time of the commission of the
offense, the court shall consider |
the safety and welfare of the victim and
may impose a sentence |
of probation only where:
|
(1) the court finds (A) or (B) or both are appropriate:
|
(A) the defendant is willing to undergo a court |
approved counseling
program for a minimum duration of 2 |
years; or
|
(B) the defendant is willing to participate in a |
court approved plan
including but not limited to the |
defendant's:
|
(i) removal from the household;
|
(ii) restricted contact with the victim;
|
(iii) continued financial support of the |
family;
|
(iv) restitution for harm done to the victim; |
and
|
(v) compliance with any other measures that |
the court may
deem appropriate; and
|
(2) the court orders the defendant to pay for the |
|
victim's counseling
services, to the extent that the court |
finds, after considering the
defendant's income and |
assets, that the defendant is financially capable of
paying |
for such services, if the victim was under 18 years of age |
at the
time the offense was committed and requires |
counseling as a result of the
offense.
|
Probation may be revoked or modified pursuant to Section |
5-6-4; except
where the court determines at the hearing that |
the defendant violated a
condition of his or her probation |
restricting contact with the victim or
other family members or |
commits another offense with the victim or other
family |
members, the court shall revoke the defendant's probation and
|
impose a term of imprisonment.
|
For the purposes of this Section, "family member" and |
"victim" shall have
the meanings ascribed to them in Section |
11-0.1 of the Criminal Code of
2012.
|
(f) (Blank).
|
(g) Whenever a defendant is convicted of an offense under |
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
11-14.3, 11-14.4 except for an offense that involves keeping a |
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
Criminal Code of 2012,
the defendant shall undergo medical |
testing to
determine whether the defendant has any sexually |
transmissible disease,
including a test for infection with |
|
human immunodeficiency virus (HIV) or
any other identified |
causative agent of acquired immunodeficiency syndrome
(AIDS). |
Any such medical test shall be performed only by appropriately
|
licensed medical practitioners and may include an analysis of |
any bodily
fluids as well as an examination of the defendant's |
person.
Except as otherwise provided by law, the results of |
such test shall be kept
strictly confidential by all medical |
personnel involved in the testing and must
be personally |
delivered in a sealed envelope to the judge of the court in |
which
the conviction was entered for the judge's inspection in |
camera. Acting in
accordance with the best interests of the |
victim and the public, the judge
shall have the discretion to |
determine to whom, if anyone, the results of the
testing may be |
revealed. The court shall notify the defendant
of the test |
results. The court shall
also notify the victim if requested by |
the victim, and if the victim is under
the age of 15 and if |
requested by the victim's parents or legal guardian, the
court |
shall notify the victim's parents or legal guardian of the test
|
results.
The court shall provide information on the |
availability of HIV testing
and counseling at Department of |
Public Health facilities to all parties to
whom the results of |
the testing are revealed and shall direct the State's
Attorney |
to provide the information to the victim when possible.
A |
State's Attorney may petition the court to obtain the results |
of any HIV test
administered under this Section, and the court |
shall grant the disclosure if
the State's Attorney shows it is |
|
relevant in order to prosecute a charge of
criminal |
transmission of HIV under Section 12-5.01 or 12-16.2 of the |
Criminal Code of 1961 or the Criminal Code of 2012
against the |
defendant. The court shall order that the cost of any such test
|
shall be paid by the county and may be taxed as costs against |
the convicted
defendant.
|
(g-5) When an inmate is tested for an airborne communicable |
disease, as
determined by the Illinois Department of Public |
Health including but not
limited to tuberculosis, the results |
of the test shall be
personally delivered by the warden or his |
or her designee in a sealed envelope
to the judge of the court |
in which the inmate must appear for the judge's
inspection in |
camera if requested by the judge. Acting in accordance with the
|
best interests of those in the courtroom, the judge shall have |
the discretion
to determine what if any precautions need to be |
taken to prevent transmission
of the disease in the courtroom.
|
(h) Whenever a defendant is convicted of an offense under |
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
defendant shall undergo
medical testing to determine whether |
the defendant has been exposed to human
immunodeficiency virus |
(HIV) or any other identified causative agent of
acquired |
immunodeficiency syndrome (AIDS). Except as otherwise provided |
by
law, the results of such test shall be kept strictly |
confidential by all
medical personnel involved in the testing |
and must be personally delivered in a
sealed envelope to the |
judge of the court in which the conviction was entered
for the |
|
judge's inspection in camera. Acting in accordance with the |
best
interests of the public, the judge shall have the |
discretion to determine to
whom, if anyone, the results of the |
testing may be revealed. The court shall
notify the defendant |
of a positive test showing an infection with the human
|
immunodeficiency virus (HIV). The court shall provide |
information on the
availability of HIV testing and counseling |
at Department of Public Health
facilities to all parties to |
whom the results of the testing are revealed and
shall direct |
the State's Attorney to provide the information to the victim |
when
possible. A State's Attorney may petition the court to |
obtain the results of
any HIV test administered under this |
Section, and the court shall grant the
disclosure if the |
State's Attorney shows it is relevant in order to prosecute a
|
charge of criminal transmission of HIV under Section 12-5.01 or |
12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
2012 against the defendant. The court shall order that the cost |
of any
such test shall be paid by the county and may be taxed as |
costs against the
convicted defendant.
|
(i) All fines and penalties imposed under this Section for |
any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
Vehicle Code, or a similar
provision of a local ordinance, and |
any violation
of the Child Passenger Protection Act, or a |
similar provision of a local
ordinance, shall be collected and |
disbursed by the circuit
clerk as provided under Section 27.5 |
of the Clerks of Courts Act.
|
|
(j) In cases when prosecution for any violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
Code of 2012, any violation of the Illinois Controlled |
Substances Act,
any violation of the Cannabis Control Act, or |
any violation of the Methamphetamine Control and Community |
Protection Act results in conviction, a
disposition of court |
supervision, or an order of probation granted under
Section 10 |
of the Cannabis Control Act, Section 410 of the Illinois
|
Controlled Substances Act, or Section 70 of the Methamphetamine |
Control and Community Protection Act of a defendant, the court |
shall determine whether the
defendant is employed by a facility |
or center as defined under the Child Care
Act of 1969, a public |
or private elementary or secondary school, or otherwise
works |
with children under 18 years of age on a daily basis. When a |
defendant
is so employed, the court shall order the Clerk of |
the Court to send a copy of
the judgment of conviction or order |
of supervision or probation to the
defendant's employer by |
certified mail.
If the employer of the defendant is a school, |
the Clerk of the Court shall
direct the mailing of a copy of |
the judgment of conviction or order of
supervision or probation |
to the appropriate regional superintendent of schools.
The |
regional superintendent of schools shall notify the State Board |
|
of
Education of any notification under this subsection.
|
(j-5) A defendant at least 17 years of age who is convicted |
of a felony and
who has not been previously convicted of a |
misdemeanor or felony and who is
sentenced to a term of |
imprisonment in the Illinois Department of Corrections
shall as |
a condition of his or her sentence be required by the court to |
attend
educational courses designed to prepare the defendant |
for a high school diploma
and to work toward a high school |
diploma or to work toward passing high school equivalency |
testing or to work toward
completing a vocational training |
program offered by the Department of
Corrections. If a |
defendant fails to complete the educational training
required |
by his or her sentence during the term of incarceration, the |
Prisoner
Review Board shall, as a condition of mandatory |
supervised release, require the
defendant, at his or her own |
expense, to pursue a course of study toward a high
school |
diploma or passage of high school equivalency testing. The |
Prisoner Review Board shall
revoke the mandatory supervised |
release of a defendant who wilfully fails to
comply with this |
subsection (j-5) upon his or her release from confinement in a
|
penal institution while serving a mandatory supervised release |
term; however,
the inability of the defendant after making a |
good faith effort to obtain
financial aid or pay for the |
educational training shall not be deemed a wilful
failure to |
comply. The Prisoner Review Board shall recommit the defendant
|
whose mandatory supervised release term has been revoked under |
|
this subsection
(j-5) as provided in Section 3-3-9. This |
subsection (j-5) does not apply to a
defendant who has a high |
school diploma or has successfully passed high school |
equivalency testing. This subsection (j-5) does not apply to a |
defendant who is determined by
the court to be a person with a |
developmental disability developmentally disabled or otherwise |
mentally incapable of
completing the educational or vocational |
program.
|
(k) (Blank).
|
(l) (A) Except as provided
in paragraph (C) of subsection |
(l), whenever a defendant,
who is an alien as defined by the |
Immigration and Nationality Act, is convicted
of any felony or |
misdemeanor offense, the court after sentencing the defendant
|
may, upon motion of the State's Attorney, hold sentence in |
abeyance and remand
the defendant to the custody of the |
Attorney General of
the United States or his or her designated |
agent to be deported when:
|
(1) a final order of deportation has been issued |
against the defendant
pursuant to proceedings under the |
Immigration and Nationality Act, and
|
(2) the deportation of the defendant would not |
deprecate the seriousness
of the defendant's conduct and |
would not be inconsistent with the ends of
justice.
|
Otherwise, the defendant shall be sentenced as provided in |
this Chapter V.
|
(B) If the defendant has already been sentenced for a |
|
felony or
misdemeanor
offense, or has been placed on probation |
under Section 10 of the Cannabis
Control Act,
Section 410 of |
the Illinois Controlled Substances Act, or Section 70 of the |
Methamphetamine Control and Community Protection Act, the |
court
may, upon motion of the State's Attorney to suspend the
|
sentence imposed, commit the defendant to the custody of the |
Attorney General
of the United States or his or her designated |
agent when:
|
(1) a final order of deportation has been issued |
against the defendant
pursuant to proceedings under the |
Immigration and Nationality Act, and
|
(2) the deportation of the defendant would not |
deprecate the seriousness
of the defendant's conduct and |
would not be inconsistent with the ends of
justice.
|
(C) This subsection (l) does not apply to offenders who are |
subject to the
provisions of paragraph (2) of subsection (a) of |
Section 3-6-3.
|
(D) Upon motion of the State's Attorney, if a defendant |
sentenced under
this Section returns to the jurisdiction of the |
United States, the defendant
shall be recommitted to the |
custody of the county from which he or she was
sentenced.
|
Thereafter, the defendant shall be brought before the |
sentencing court, which
may impose any sentence that was |
available under Section 5-5-3 at the time of
initial |
sentencing. In addition, the defendant shall not be eligible |
for
additional sentence credit for good conduct as provided |
|
under
Section 3-6-3.
|
(m) A person convicted of criminal defacement of property |
under Section
21-1.3 of the Criminal Code of 1961 or the |
Criminal Code of 2012, in which the property damage exceeds |
$300
and the property damaged is a school building, shall be |
ordered to perform
community service that may include cleanup, |
removal, or painting over the
defacement.
|
(n) The court may sentence a person convicted of a |
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 or the Criminal Code of 2012 (i) to an impact
|
incarceration program if the person is otherwise eligible for |
that program
under Section 5-8-1.1, (ii) to community service, |
or (iii) if the person is an
addict or alcoholic, as defined in |
the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
substance or alcohol abuse program licensed under that
Act. |
(o) Whenever a person is convicted of a sex offense as |
defined in Section 2 of the Sex Offender Registration Act, the |
defendant's driver's license or permit shall be subject to |
renewal on an annual basis in accordance with the provisions of |
license renewal established by the Secretary of State.
|
(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; |
97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. |
1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, |
eff. 7-16-14 .)
|
|
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
|
Sec. 5-5-3.1. Factors in Mitigation.
|
(a) The following
grounds shall be accorded weight in favor |
of withholding or
minimizing a sentence of imprisonment:
|
(1) The defendant's criminal conduct neither caused |
nor
threatened serious physical harm to another.
|
(2) The defendant did not contemplate that his criminal |
conduct would
cause or threaten serious physical harm to |
another.
|
(3) The defendant acted under a strong provocation.
|
(4) There were substantial grounds tending to excuse or |
justify
the defendant's criminal conduct, though failing |
to establish a
defense.
|
(5) The defendant's criminal conduct was induced or |
facilitated
by someone other than the defendant.
|
(6) The defendant has compensated or will compensate |
the victim
of his criminal conduct for the damage or injury |
that he sustained.
|
(7) The defendant has no history of prior delinquency |
or
criminal activity or has led a law-abiding life for a |
substantial
period of time before the commission of the |
present crime.
|
(8) The defendant's criminal conduct was the result of
|
circumstances unlikely to recur.
|
(9) The character and attitudes of the defendant |
indicate that he is
unlikely to commit another crime.
|
|
(10) The defendant is particularly likely to comply |
with the terms of
a period of probation.
|
(11) The imprisonment of the defendant would entail |
excessive
hardship to his dependents.
|
(12) The imprisonment of the defendant would endanger |
his or her medical
condition.
|
(13) The defendant was a person with an intellectual |
disability intellectually disabled as defined in Section |
5-1-13 of
this Code.
|
(14) The defendant sought or obtained emergency |
medical assistance for an overdose and was convicted of a |
Class 3 felony or higher possession, manufacture, or |
delivery of a controlled, counterfeit, or look-alike |
substance or a controlled substance analog under the |
Illinois Controlled Substances Act or a Class 2 felony or |
higher possession, manufacture or delivery of |
methamphetamine under the Methamphetamine Control and |
Community Protection Act. |
(b) If the court, having due regard for the character of |
the
offender, the nature and circumstances of the offense and |
the
public interest finds that a sentence of imprisonment is |
the
most appropriate disposition of the offender, or where |
other
provisions of this Code mandate the imprisonment of the |
offender,
the grounds listed in paragraph (a) of this |
subsection shall be
considered as factors in mitigation of the |
term imposed.
|
|
(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, |
eff. 8-16-13.)
|
(730 ILCS 5/5-5-3.2)
|
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term |
Sentencing.
|
(a) The following factors shall be accorded weight in favor |
of
imposing a term of imprisonment or may be considered by the |
court as reasons
to impose a more severe sentence under Section |
5-8-1 or Article 4.5 of Chapter V:
|
(1) the defendant's conduct caused or threatened |
serious harm;
|
(2) the defendant received compensation for committing |
the offense;
|
(3) the defendant has a history of prior delinquency or |
criminal activity;
|
(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular offense |
committed or to bring
the offenders committing it to |
justice;
|
(5) the defendant held public office at the time of the |
offense,
and the offense related to the conduct of that |
office;
|
(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
|
|
(7) the sentence is necessary to deter others from |
committing
the same crime;
|
(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
|
(9) the defendant committed the offense against a |
person who has a physical disability is
physically |
handicapped or such person's property;
|
(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; (ii) |
the person or property of a person who has an
association |
with, is married to, or has a friendship with the other |
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) |
or (ii). For the purposes of this Section,
"sexual |
orientation" means heterosexuality, homosexuality, or |
bisexuality;
|
(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
|
place used primarily for religious worship;
|
(12) the defendant was convicted of a felony committed |
|
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
|
conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
|
(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
|
(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 11-0.1 of the Criminal Code
of 2012, |
teacher, scout leader, baby sitter, or day care worker, in
|
relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a place |
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
or 12-16 of the Criminal Code of 1961 or the Criminal Code |
of 2012
against
that victim;
|
(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
|
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
|
(16) the defendant committed an offense in violation of |
one of the
following Sections while in a school, regardless |
of the time of day or time of
year; on any conveyance |
owned, leased, or contracted by a school to transport
|
students to or from school or a school related activity; on |
the real property
of a school; or on a public way within |
1,000 feet of the real property
comprising any school: |
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
|
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal Code of
1961 or the |
Criminal Code of 2012;
|
(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
|
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
|
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
Criminal Code of 2012;
|
(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
2012;
|
(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. For |
the purposes of this paragraph (18),
"nursing home" means a |
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of |
Public Health under the Nursing Home Care
Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or |
the ID/DD Community Care Act;
|
(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
(20) the defendant (i) committed the offense of |
|
reckless homicide under Section 9-3 of the Criminal Code of |
1961 or the Criminal Code of 2012 or the offense of driving |
under the influence of alcohol, other drug or
drugs, |
intoxicating compound or compounds or any combination |
thereof under Section 11-501 of the Illinois Vehicle Code |
or a similar provision of a local ordinance and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code;
|
(21) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a |
person that the defendant knew, or reasonably should have |
known, was a member of the Armed Forces of the United |
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed Forces |
of the United States, including a member of any reserve |
component thereof or National Guard unit called to active |
duty;
|
(23)
the defendant committed the offense against a |
person who was elderly , disabled, or infirm or who was a |
person with a disability by taking advantage of a family or |
|
fiduciary relationship with the elderly , disabled, or |
infirm person or person with a disability ;
|
(24)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 or the Criminal Code |
of 2012 and possessed 100 or more images;
|
(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
vehicle used for public transportation; |
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 or the Criminal Code of 2012 where a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context |
and specifically including paragraph (1), (2), (3), (4), |
(5), or (7) of subsection (a) of Section 11-20.1B or |
Section 11-20.3 of the Criminal Code of 1961 where a child |
engaged in, solicited for, depicted in, or posed in any act |
of sexual penetration or bound, fettered, or subject to |
sadistic, masochistic, or sadomasochistic abuse in a |
sexual context; |
(27) the defendant committed the offense of first |
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
|
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit; or |
(28) the defendant committed the offense of assault, |
aggravated assault, battery, aggravated battery, robbery, |
armed robbery, or aggravated robbery against a person that |
the defendant knew or reasonably should have known was a |
letter carrier or postal worker while that person was |
performing his or her duties delivering mail for the United |
States Postal Service. |
For the purposes of this Section:
|
"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
|
"Day care center" means a public or private State certified |
and
licensed day care center as defined in Section 2.09 of the |
|
Child Care Act of
1969 that displays a sign in plain view |
stating that the
property is a day care center.
|
"Public transportation" means the transportation
or |
conveyance of persons by means available to the general public, |
and includes paratransit services. |
(b) The following factors, related to all felonies, may be |
considered by the court as
reasons to impose an extended term |
sentence under Section 5-8-2
upon any offender:
|
(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or greater |
class felony, when such conviction
has occurred within 10 |
years after the
previous conviction, excluding time spent |
in custody, and such charges are
separately brought and |
tried and arise out of different series of acts; or
|
(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
|
(3) When a defendant is convicted of any felony |
committed against:
|
(i) a person under 12 years of age at the time of |
the offense or such
person's property;
|
(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
|
(iii) a person who had a physical disability |
|
physically handicapped at the time of the offense or
|
such person's property; or
|
(4) When a defendant is convicted of any felony and the |
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or social |
group:
|
(i) the brutalizing or torturing of humans or |
animals;
|
(ii) the theft of human corpses;
|
(iii) the kidnapping of humans;
|
(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
|
(v) ritualized abuse of a child; or
|
(5) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
|
to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
|
activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
|
|
(6) When a defendant is convicted of an offense |
committed while using a firearm with a
laser sight attached |
to it. For purposes of this paragraph, "laser sight"
has |
the meaning ascribed to it in Section 26-7 of the Criminal |
Code of
2012; or
|
(7) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
|
(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged; or
|
(9) When a defendant commits any felony and the |
defendant knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(c) The following factors may be considered by the court as |
reasons to impose an extended term sentence under Section 5-8-2 |
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
(1) When a defendant is convicted of first degree |
|
murder, after having been previously convicted in Illinois |
of any offense listed under paragraph (c)(2) of Section |
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
within 10 years after the previous conviction, excluding |
time spent in custody, and the charges are separately |
brought and tried and arise out of different series of |
acts. |
(1.5) When a defendant is convicted of first degree |
murder, after having been previously convicted of domestic |
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) When a defendant is convicted of voluntary |
manslaughter, second degree murder, involuntary |
manslaughter, or reckless homicide in which the defendant |
has been convicted of causing the death of more than one |
individual. |
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
there is a finding that aggravated criminal sexual assault |
or criminal sexual assault was also committed on the same |
victim by one or more other individuals, and the defendant |
voluntarily participated in the crime with the knowledge of |
the participation of the others in the crime, and the |
|
commission of the crime was part of a single course of |
conduct during which there was no substantial change in the |
nature of the criminal objective. |
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
of Section 12-14.1 of the Criminal Code of 1961 or the |
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony violation |
of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
finding that the defendant is a member of an organized |
gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
a weapon that is not readily distinguishable as one of the |
weapons enumerated in Section 24-1 of the Criminal Code of |
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
|
Control and Community Protection Act (720 ILCS 646/25), or |
the illegal possession of explosives and an emergency |
response officer in the performance of his or her duties is |
killed or injured at the scene of the offense while |
responding to the emergency caused by the commission of the |
offense. In this paragraph, "emergency" means a situation |
in which a person's life, health, or safety is in jeopardy; |
and "emergency response officer" means a peace officer, |
community policing volunteer, fireman, emergency medical |
technician-ambulance, emergency medical |
technician-intermediate, emergency medical |
technician-paramedic, ambulance driver, other medical |
assistance or first aid personnel, or hospital emergency |
room personnel.
|
(8) When the defendant is convicted of attempted mob |
action, solicitation to commit mob action, or conspiracy to |
commit mob action under Section 8-1, 8-2, or 8-4 of the |
Criminal Code of 2012, where the criminal object is a |
violation of Section 25-1 of the Criminal Code of 2012, and |
an electronic communication is used in the commission of |
the offense. For the purposes of this paragraph (8), |
"electronic communication" shall have the meaning provided |
in Section 26.5-0.1 of the Criminal Code of 2012. |
(d) For the purposes of this Section, "organized gang" has |
the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
when the victim of the offense is under 18 years of age at the |
time of the commission of the offense and, during the |
commission of the offense, the victim was under the influence |
of alcohol, regardless of whether or not the alcohol was |
supplied by the offender; and the offender, at the time of the |
commission of the offense, knew or should have known that the |
victim had consumed alcohol. |
(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, |
eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; |
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. |
1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. |
7-16-14.)
|
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
Sec. 5-6-3. Conditions of Probation and of Conditional |
Discharge.
|
(a) The conditions of probation and of conditional |
discharge shall be
that the person:
|
(1) not violate any criminal statute of any |
jurisdiction;
|
(2) report to or appear in person before such person or |
|
agency as
directed by the court;
|
(3) refrain from possessing a firearm or other |
dangerous weapon where the offense is a felony or, if a |
misdemeanor, the offense involved the intentional or |
knowing infliction of bodily harm or threat of bodily harm;
|
(4) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature that prior consent |
by the court is not possible, without the prior
|
notification and approval of the person's probation
|
officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to |
acceptance by the other state
pursuant to the Interstate |
Compact for Adult Offender Supervision;
|
(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
|
(6) perform no less than 30 hours of community service |
and not more than
120 hours of community service, if |
community service is available in the
jurisdiction and is |
funded and approved by the county board where the offense
|
was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized gang |
and was motivated by the offender's
membership in or |
allegiance to an organized gang. The community service |
shall
include, but not be limited to, the cleanup and |
|
repair of any damage caused by
a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
2012 and similar damage
to property located within the |
municipality or county in which the violation
occurred. |
When possible and reasonable, the community service should |
be
performed in the offender's neighborhood. For purposes |
of this Section,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang Terrorism |
Omnibus Prevention Act;
|
(7) if he or she is at least 17 years of age and has |
been sentenced to
probation or conditional discharge for a |
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
|
misdemeanor or felony, may be required by the sentencing |
court to attend
educational courses designed to prepare the |
defendant for a high school diploma
and to work toward a |
high school diploma or to work toward passing high school |
equivalency testing or to work toward
completing a |
vocational training program approved by the court. The |
person on
probation or conditional discharge must attend a |
public institution of
education to obtain the educational |
or vocational training required by this
clause (7). The |
court shall revoke the probation or conditional discharge |
of a
person who wilfully fails to comply with this clause |
(7). The person on
probation or conditional discharge shall |
be required to pay for the cost of the
educational courses |
|
or high school equivalency testing if a fee is charged for |
those courses or testing. The court shall resentence the |
offender whose probation or conditional
discharge has been |
revoked as provided in Section 5-6-4. This clause (7) does
|
not apply to a person who has a high school diploma or has |
successfully passed high school equivalency testing. This |
clause (7) does not apply to a person who is determined by
|
the court to be a person with a developmental disability |
developmentally disabled or otherwise mentally incapable |
of
completing the educational or vocational program;
|
(8) if convicted of possession of a substance |
prohibited
by the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control |
and Community Protection Act
after a previous conviction or |
disposition of supervision for possession of a
substance |
prohibited by the Cannabis Control Act or Illinois |
Controlled
Substances Act or after a sentence of probation |
under Section 10 of the
Cannabis
Control Act, Section 410 |
of the Illinois Controlled Substances Act, or Section 70 of |
the Methamphetamine Control and Community Protection Act |
and upon a
finding by the court that the person is |
addicted, undergo treatment at a
substance abuse program |
approved by the court;
|
(8.5) if convicted of a felony sex offense as defined |
in the Sex
Offender
Management Board Act, the person shall |
undergo and successfully complete sex
offender treatment |
|
by a treatment provider approved by the Board and conducted
|
in conformance with the standards developed under the Sex
|
Offender Management Board Act;
|
(8.6) if convicted of a sex offense as defined in the |
Sex Offender Management Board Act, refrain from residing at |
the same address or in the same condominium unit or |
apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has |
been placed on supervision for a sex offense; the |
provisions of this paragraph do not apply to a person |
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex |
offenders; |
(8.7) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that |
would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
1961 or the Criminal Code of 2012, refrain from |
communicating with or contacting, by means of the Internet, |
a person who is not related to the accused and whom the |
accused reasonably believes to be under 18 years of age; |
for purposes of this paragraph (8.7), "Internet" has the |
meaning ascribed to it in Section 16-0.1 of the Criminal |
Code of 2012; and a person is not related to the accused if |
the person is not: (i) the spouse, brother, or sister of |
|
the accused; (ii) a descendant of the accused; (iii) a |
first or second cousin of the accused; or (iv) a step-child |
or adopted child of the accused; |
(8.8) if convicted for an offense under Section 11-6, |
11-9.1, 11-14.4 that involves soliciting for a juvenile |
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
of the Criminal Code of 1961 or the Criminal Code of 2012, |
or any attempt to commit any of these offenses, committed |
on or after June 1, 2009 (the effective date of Public Act |
95-983): |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
including the retrieval and copying of all data from |
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
|
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; |
(8.9) if convicted of a sex offense as defined in the |
Sex Offender
Registration Act committed on or after January |
1, 2010 (the effective date of Public Act 96-262), refrain |
from accessing or using a social networking website as |
defined in Section 17-0.5 of the Criminal Code of 2012;
|
(9) if convicted of a felony or of any misdemeanor |
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
2012 that was determined, pursuant to Section 112A-11.1 of |
the Code of Criminal Procedure of 1963, to trigger the |
prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
at a time and place
designated by the court, his or her |
Firearm
Owner's Identification Card and
any and all |
firearms in
his or her possession. The Court shall return |
to the Department of State Police Firearm Owner's |
Identification Card Office the person's Firearm Owner's |
Identification Card;
|
(10) if convicted of a sex offense as defined in |
|
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial minors |
are present, not participate in a holiday event involving |
children under 18 years of age, such as distributing candy |
or other items to children on Halloween, wearing a Santa |
Claus costume on or preceding Christmas, being employed as |
a department store Santa Claus, or wearing an Easter Bunny |
costume on or preceding Easter; |
(11) if convicted of a sex offense as defined in |
Section 2 of the Sex Offender Registration Act committed on |
or after January 1, 2010 (the effective date of Public Act |
96-362) that requires the person to register as a sex |
offender under that Act, may not knowingly use any computer |
scrub software on any computer that the sex offender uses; |
and |
(12) if convicted of a violation of the Methamphetamine |
Control and Community Protection Act, the Methamphetamine
|
Precursor Control Act, or a methamphetamine related |
offense: |
(A) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
pseudoephedrine unless prescribed by a physician; and |
(B) prohibited from purchasing, possessing, or |
having under his or her control any product containing |
ammonium nitrate. |
|
(b) The Court may in addition to other reasonable |
conditions relating to the
nature of the offense or the |
rehabilitation of the defendant as determined for
each |
defendant in the proper discretion of the Court require that |
the person:
|
(1) serve a term of periodic imprisonment under Article |
7 for a
period not to exceed that specified in paragraph |
(d) of Section 5-7-1;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical, psychological or psychiatric |
treatment; or treatment
for drug addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
|
(6) support his dependents;
|
(7) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home;
|
(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is convicted of a crime of |
|
violence as
defined in
Section 2 of the Crime Victims |
Compensation Act committed in a school, on the
real
|
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
(8) make restitution as provided in Section 5-5-6 of |
this Code;
|
(9) perform some reasonable public or community |
service;
|
(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional |
discharge, the
conditions of home confinement shall be that |
the offender:
|
(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
|
(ii) admit any person or agent designated by the |
court into the
offender's place of confinement at any |
time for purposes of verifying
the offender's |
compliance with the conditions of his confinement; and
|
(iii) if further deemed necessary by the court or |
the
Probation or
Court Services Department, be placed |
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
|
(iv) for persons convicted of any alcohol, |
cannabis or controlled
substance violation who are |
placed on an approved monitoring device as a
condition |
|
of probation or conditional discharge, the court shall |
impose a
reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the offender to pay the |
fee, the court assesses a lesser fee or no
fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee shall be
collected by the clerk of the |
circuit court. The clerk of the circuit
court shall pay |
all monies collected from this fee to the county |
treasurer
for deposit in the substance abuse services |
fund under Section 5-1086.1 of
the Counties Code; and
|
(v) for persons convicted of offenses other than |
those referenced in
clause (iv) above and who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose
a reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the defendant to pay the |
fee, the court assesses a lesser fee or
no fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee
shall be collected by the clerk of the |
circuit court. The clerk of the circuit
court shall pay |
|
all monies collected from this fee
to the county |
treasurer who shall use the monies collected to defray |
the
costs of corrections. The county treasurer shall |
deposit the fee
collected in the probation and court |
services fund.
|
(11) comply with the terms and conditions of an order |
of protection issued
by the court pursuant to the Illinois |
Domestic Violence Act of 1986,
as now or hereafter amended, |
or an order of protection issued by the court of
another |
state, tribe, or United States territory. A copy of the |
order of
protection shall be
transmitted to the probation |
officer or agency
having responsibility for the case;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7
of the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred
by the program on the |
offender's case, not to exceed the maximum amount of
the |
fine authorized for the offense for which the defendant was |
sentenced;
|
(13) contribute a reasonable sum of money, not to |
exceed the maximum
amount of the fine authorized for the
|
offense for which the defendant was sentenced, (i) to a |
"local anti-crime
program", as defined in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses under |
the jurisdiction of the Department of Natural Resources, to |
the fund established by the Department of Natural Resources |
for the purchase of evidence for investigation purposes and |
|
to conduct investigations as outlined in Section 805-105 of |
the Department of Natural Resources (Conservation) Law;
|
(14) refrain from entering into a designated |
geographic area except upon
such terms as the court finds |
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a
|
probation officer, if
the defendant has been placed on |
probation or advance approval by the
court, if the |
defendant was placed on conditional discharge;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of persons, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act, the Illinois Controlled
Substances Act, or the |
Methamphetamine Control and Community Protection Act, |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(17) if convicted for an offense committed on or after |
June 1, 2008 (the effective date of Public Act 95-464) that |
would qualify the accused as a child sex offender as |
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
1961 or the Criminal Code of 2012, refrain from |
|
communicating with or contacting, by means of the Internet, |
a person who is related to the accused and whom the accused |
reasonably believes to be under 18 years of age; for |
purposes of this paragraph (17), "Internet" has the meaning |
ascribed to it in Section 16-0.1 of the Criminal Code of |
2012; and a person is related to the accused if the person |
is: (i) the spouse, brother, or sister of the accused; (ii) |
a descendant of the accused; (iii) a first or second cousin |
of the accused; or (iv) a step-child or adopted child of |
the accused; |
(18) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) that |
would qualify as a sex offense as defined in the Sex |
Offender Registration Act: |
(i) not access or use a computer or any other |
device with Internet capability without the prior |
written approval of the offender's probation officer, |
except in connection with the offender's employment or |
search for employment with the prior approval of the |
offender's probation officer; |
(ii) submit to periodic unannounced examinations |
of the offender's computer or any other device with |
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned |
computer or information technology specialist, |
including the retrieval and copying of all data from |
|
the computer or device and any internal or external |
peripherals and removal of such information, |
equipment, or device to conduct a more thorough |
inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
subject's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a |
computer or any other device with Internet capability |
imposed by the offender's probation officer; and |
(19) refrain from possessing a firearm or other |
dangerous weapon where the offense is a misdemeanor that |
did not involve the intentional or knowing infliction of |
bodily harm or threat of bodily harm. |
(c) The court may as a condition of probation or of |
conditional
discharge require that a person under 18 years of |
age found guilty of any
alcohol, cannabis or controlled |
substance violation, refrain from acquiring
a driver's license |
during
the period of probation or conditional discharge. If |
such person
is in possession of a permit or license, the court |
may require that
the minor refrain from driving or operating |
any motor vehicle during the
period of probation or conditional |
discharge, except as may be necessary in
the course of the |
minor's lawful employment.
|
|
(d) An offender sentenced to probation or to conditional |
discharge
shall be given a certificate setting forth the |
conditions thereof.
|
(e) Except where the offender has committed a fourth or |
subsequent
violation of subsection (c) of Section 6-303 of the |
Illinois Vehicle Code,
the court shall not require as a |
condition of the sentence of
probation or conditional discharge |
that the offender be committed to a
period of imprisonment in |
excess of 6 months.
This 6 month limit shall not include |
periods of confinement given pursuant to
a sentence of county |
impact incarceration under Section 5-8-1.2.
|
Persons committed to imprisonment as a condition of |
probation or
conditional discharge shall not be committed to |
the Department of
Corrections.
|
(f) The court may combine a sentence of periodic |
imprisonment under
Article 7 or a sentence to a county impact |
incarceration program under
Article 8 with a sentence of |
probation or conditional discharge.
|
(g) An offender sentenced to probation or to conditional |
discharge and
who during the term of either undergoes mandatory |
drug or alcohol testing,
or both, or is assigned to be placed |
on an approved electronic monitoring
device, shall be ordered |
to pay all costs incidental to such mandatory drug
or alcohol |
testing, or both, and all costs
incidental to such approved |
electronic monitoring in accordance with the
defendant's |
ability to pay those costs. The county board with
the |
|
concurrence of the Chief Judge of the judicial
circuit in which |
the county is located shall establish reasonable fees for
the |
cost of maintenance, testing, and incidental expenses related |
to the
mandatory drug or alcohol testing, or both, and all |
costs incidental to
approved electronic monitoring, involved |
in a successful probation program
for the county. The |
concurrence of the Chief Judge shall be in the form of
an |
administrative order.
The fees shall be collected by the clerk |
of the circuit court. The clerk of
the circuit court shall pay |
all moneys collected from these fees to the county
treasurer |
who shall use the moneys collected to defray the costs of
drug |
testing, alcohol testing, and electronic monitoring.
The |
county treasurer shall deposit the fees collected in the
county |
working cash fund under Section 6-27001 or Section 6-29002 of |
the
Counties Code, as the case may be.
|
(h) Jurisdiction over an offender may be transferred from |
the
sentencing court to the court of another circuit with the |
concurrence of
both courts. Further transfers or retransfers of
|
jurisdiction are also
authorized in the same manner. The court |
to which jurisdiction has been
transferred shall have the same |
powers as the sentencing court.
The probation department within |
the circuit to which jurisdiction has been transferred, or |
which has agreed to provide supervision, may impose probation |
fees upon receiving the transferred offender, as provided in |
subsection (i). For all transfer cases, as defined in Section |
9b of the Probation and Probation Officers Act, the probation |
|
department from the original sentencing court shall retain all |
probation fees collected prior to the transfer. After the |
transfer
all probation fees shall be paid to the probation |
department within the
circuit to which jurisdiction has been |
transferred.
|
(i) The court shall impose upon an offender
sentenced to |
probation after January 1, 1989 or to conditional discharge
|
after January 1, 1992 or to community service under the |
supervision of a
probation or court services department after |
January 1, 2004, as a condition of such probation or |
conditional
discharge or supervised community service, a fee of |
$50
for each month of probation or
conditional
discharge |
supervision or supervised community service ordered by the |
court, unless after
determining the inability of the person |
sentenced to probation or conditional
discharge or supervised |
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is made a |
ward of the State under the Juvenile Court Act of 1987
while |
the minor is in placement.
The fee shall be imposed only upon
|
an offender who is actively supervised by the
probation and |
court services
department. The fee shall be collected by the |
clerk
of the circuit court. The clerk of the circuit court |
shall pay all monies
collected from this fee to the county |
treasurer for deposit in the
probation and court services fund |
under Section 15.1 of the
Probation and Probation Officers Act.
|
A circuit court may not impose a probation fee under this |
|
subsection (i) in excess of $25
per month unless the circuit |
court has adopted, by administrative
order issued by the chief |
judge, a standard probation fee guide
determining an offender's |
ability to pay Of the
amount collected as a probation fee, up |
to $5 of that fee
collected per month may be used to provide |
services to crime victims
and their families. |
The Court may only waive probation fees based on an |
offender's ability to pay. The probation department may |
re-evaluate an offender's ability to pay every 6 months, and, |
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An |
offender may elect to pay probation fees due in a lump sum.
Any |
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under |
subsection (h) of this Section or under any interstate compact, |
shall be required to pay probation fees to the department |
supervising the offender, based on the offender's ability to |
pay.
|
This amendatory Act of the 93rd General Assembly deletes |
the $10 increase in the fee under this subsection that was |
imposed by Public Act 93-616. This deletion is intended to |
control over any other Act of the 93rd General Assembly that |
retains or incorporates that fee increase. |
(i-5) In addition to the fees imposed under subsection (i) |
of this Section, in the case of an offender convicted of a |
felony sex offense (as defined in the Sex Offender Management |
|
Board Act) or an offense that the court or probation department |
has determined to be sexually motivated (as defined in the Sex |
Offender Management Board Act), the court or the probation |
department shall assess additional fees to pay for all costs of |
treatment, assessment, evaluation for risk and treatment, and |
monitoring the offender, based on that offender's ability to |
pay those costs either as they occur or under a payment plan. |
(j) All fines and costs imposed under this Section for any |
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a similar
provision of a local ordinance, and any |
violation of the Child Passenger
Protection Act, or a similar |
provision of a local ordinance, shall be
collected and |
disbursed by the circuit clerk as provided under Section 27.5
|
of the Clerks of Courts Act.
|
(k) Any offender who is sentenced to probation or |
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the |
court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(l) The court may order an offender who is sentenced to |
probation or conditional
discharge for a violation of an order |
of protection be placed under electronic surveillance as |
|
provided in Section 5-8A-7 of this Code. |
(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, |
eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; |
97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff. |
1-1-15 .)
|
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
|
(a) When a defendant is placed on supervision, the court |
shall enter
an order for supervision specifying the period of |
such supervision, and
shall defer further proceedings in the |
case until the conclusion of the
period.
|
(b) The period of supervision shall be reasonable under all |
of the
circumstances of the case, but may not be longer than 2 |
years, unless the
defendant has failed to pay the assessment |
required by Section 10.3 of the
Cannabis Control Act,
Section |
411.2 of the Illinois Controlled
Substances Act, or Section 80 |
of the Methamphetamine Control and Community Protection Act, in |
which case the court may extend supervision beyond 2 years.
|
Additionally, the court shall order the defendant to perform no |
less than 30
hours of community service and not more than 120 |
hours of community service, if
community service is available |
in the
jurisdiction and is funded and approved by the county |
board where the offense
was committed,
when the offense (1) was
|
related to or in furtherance of the criminal activities of an |
organized gang or
was motivated by the defendant's membership |
|
in or allegiance to an organized
gang; or (2) is a violation of |
any Section of Article 24 of the Criminal
Code of 1961 or the |
Criminal Code of 2012 where a disposition of supervision is not |
prohibited by Section
5-6-1 of this Code.
The
community service |
shall include, but not be limited to, the cleanup and repair
of |
any damage caused by violation of Section 21-1.3 of the |
Criminal Code of
1961 or the Criminal Code of 2012 and similar |
damages to property located within the municipality or county
|
in which the violation occurred. Where possible and reasonable, |
the community
service should be performed in the offender's |
neighborhood.
|
For the purposes of this
Section, "organized gang" has the |
meaning ascribed to it in Section 10 of the
Illinois Streetgang |
Terrorism Omnibus Prevention Act.
|
(c) The court may in addition to other reasonable |
conditions
relating to the nature of the offense or the |
rehabilitation of the
defendant as determined for each |
defendant in the proper discretion of
the court require that |
the person:
|
(1) make a report to and appear in person before or |
participate with
the court or such courts, person, or |
social service agency as directed
by the court in the order |
of supervision;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
|
(4) undergo medical, psychological or psychiatric |
treatment; or
treatment for drug addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
|
(6) support his dependents;
|
(7) refrain from possessing a firearm or other |
dangerous weapon;
|
(8) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home; or
|
(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is placed on supervision for a |
crime of violence as
defined in
Section 2 of the Crime |
Victims Compensation Act committed in a school, on the
|
real
property
comprising a school, or within 1,000 feet |
of the real property comprising a
school;
|
(9) make restitution or reparation in an amount not to |
exceed actual
loss or damage to property and pecuniary loss |
or make restitution under Section
5-5-6 to a domestic |
violence shelter. The court shall
determine the amount and |
conditions of payment;
|
|
(10) perform some reasonable public or community |
service;
|
(11) comply with the terms and conditions of an order |
of protection
issued by the court pursuant to the Illinois |
Domestic Violence Act of 1986 or
an order of protection |
issued by the court of another state, tribe, or United
|
States territory.
If the court has ordered the defendant to |
make a report and appear in
person under paragraph (1) of |
this subsection, a copy of the order of
protection shall be |
transmitted to the person or agency so designated
by the |
court;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7 of
the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred by the
program on the |
offender's case, not to exceed the maximum amount of the
|
fine authorized for the offense for which the defendant was |
sentenced;
|
(13) contribute a reasonable sum of money, not to
|
exceed the maximum amount of the fine authorized for the |
offense for which
the defendant was sentenced, (i) to a |
"local anti-crime program", as defined
in Section 7 of the |
Anti-Crime Advisory Council Act, or (ii) for offenses under |
the jurisdiction of the Department of Natural Resources, to |
the fund established by the Department of Natural Resources |
for the purchase of evidence for investigation purposes and |
to conduct investigations as outlined in Section 805-105 of |
|
the Department of Natural Resources (Conservation) Law;
|
(14) refrain from entering into a designated |
geographic area except
upon such terms as the court finds |
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a |
probation officer;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of person, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act, the Illinois Controlled
Substances Act, or the |
Methamphetamine Control and Community Protection Act, |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(17) refrain from operating any motor vehicle not |
equipped with an
ignition interlock device as defined in |
Section 1-129.1 of the Illinois
Vehicle Code; under this |
condition the court may allow a defendant who is not
|
self-employed to operate a vehicle owned by the defendant's |
employer that is
not equipped with an ignition interlock |
device in the course and scope of the
defendant's |
employment; and
|
|
(18) if placed on supervision for a sex offense as |
defined in subsection (a-5) of Section 3-1-2 of this Code, |
unless the offender is a parent or guardian of the person |
under 18 years of age present in the home and no |
non-familial minors are present, not participate in a |
holiday event involving
children
under 18 years of age, |
such as distributing candy or other items to children on
|
Halloween,
wearing a Santa Claus costume on or preceding |
Christmas, being employed as a
department store Santa |
Claus, or wearing an Easter Bunny costume on or
preceding
|
Easter. |
(c-5) If payment of restitution as ordered has not been |
made, the victim shall file a
petition notifying the sentencing |
court, any other person to whom restitution is owed, and
the |
State's Attorney of the status of the ordered restitution |
payments unpaid at least 90
days before the supervision |
expiration date. If payment as ordered has not been made, the
|
court shall hold a review hearing prior to the expiration date, |
unless the hearing
is voluntarily waived by the defendant with |
the knowledge that waiver may result in an
extension of the |
supervision period or in a revocation of supervision. If the |
court does not
extend supervision, it shall issue a judgment |
for the unpaid restitution and direct the clerk
of the circuit |
court to file and enter the judgment in the judgment and lien |
docket, without
fee, unless it finds that the victim has |
recovered a judgment against the
defendant for the amount |
|
covered by the restitution order. If the court issues a
|
judgment for the unpaid restitution, the court shall send to |
the defendant at his or her last known
address written |
notification that a civil judgment has been issued for the |
unpaid
restitution. |
(d) The court shall defer entering any judgment on the |
charges
until the conclusion of the supervision.
|
(e) At the conclusion of the period of supervision, if the |
court
determines that the defendant has successfully complied |
with all of the
conditions of supervision, the court shall |
discharge the defendant and
enter a judgment dismissing the |
charges.
|
(f) Discharge and dismissal upon a successful conclusion of |
a
disposition of supervision shall be deemed without |
adjudication of guilt
and shall not be termed a conviction for |
purposes of disqualification or
disabilities imposed by law |
upon conviction of a crime. Two years after the
discharge and |
dismissal under this Section, unless the disposition of
|
supervision was for a violation of Sections 3-707, 3-708, |
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
similar
provision of a local ordinance, or for a violation of |
Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 |
or the Criminal Code of 2012, in which case it shall be 5
years |
after discharge and dismissal, a person may have his record
of |
arrest sealed or expunged as may be provided by law. However, |
any
defendant placed on supervision before January 1, 1980, may |
|
move for
sealing or expungement of his arrest record, as |
provided by law, at any
time after discharge and dismissal |
under this Section.
A person placed on supervision for a sexual |
offense committed against a minor
as defined in clause |
(a)(1)(L) of Section 5.2 of the Criminal Identification Act
or |
for a violation of Section 11-501 of the Illinois Vehicle Code |
or a
similar provision of a local ordinance
shall not have his |
or her record of arrest sealed or expunged.
|
(g) A defendant placed on supervision and who during the |
period of
supervision undergoes mandatory drug or alcohol |
testing, or both, or is
assigned to be placed on an approved |
electronic monitoring device, shall be
ordered to pay the costs |
incidental to such mandatory drug or alcohol
testing, or both, |
and costs incidental to such approved electronic
monitoring in |
accordance with the defendant's ability to pay those costs.
The |
county board with the concurrence of the Chief Judge of the |
judicial
circuit in which the county is located shall establish |
reasonable fees for
the cost of maintenance, testing, and |
incidental expenses related to the
mandatory drug or alcohol |
testing, or both, and all costs incidental to
approved |
electronic monitoring, of all defendants placed on |
supervision.
The concurrence of the Chief Judge shall be in the |
form of an
administrative order.
The fees shall be collected by |
the clerk of the circuit court. The clerk of
the circuit court |
shall pay all moneys collected from these fees to the county
|
treasurer who shall use the moneys collected to defray the |
|
costs of
drug testing, alcohol testing, and electronic |
monitoring.
The county treasurer shall deposit the fees |
collected in the
county working cash fund under Section 6-27001 |
or Section 6-29002 of the
Counties Code, as the case may be.
|
(h) A disposition of supervision is a final order for the |
purposes
of appeal.
|
(i) The court shall impose upon a defendant placed on |
supervision
after January 1, 1992 or to community service under |
the supervision of a
probation or court services department |
after January 1, 2004, as a condition
of supervision or |
supervised community service, a fee of $50 for
each month of |
supervision or supervised community service ordered by the
|
court, unless after
determining the inability of the person |
placed on supervision or supervised
community service to pay |
the
fee, the court assesses a lesser fee. The court may not |
impose the fee on a
minor who is made a ward of the State under |
the Juvenile Court Act of 1987
while the minor is in placement.
|
The fee shall be imposed only upon a
defendant who is actively |
supervised by the
probation and court services
department. The |
fee shall be collected by the clerk of the circuit court.
The |
clerk of the circuit court shall pay all monies collected from |
this fee
to the county treasurer for deposit in the probation |
and court services
fund pursuant to Section 15.1 of the |
Probation and
Probation Officers Act.
|
A circuit court may not impose a probation fee in excess of |
$25
per month unless the circuit court has adopted, by |
|
administrative
order issued by the chief judge, a standard |
probation fee guide
determining an offender's ability to pay. |
Of the
amount collected as a probation fee, not to exceed $5 of |
that fee
collected per month may be used to provide services to |
crime victims
and their families. |
The Court may only waive probation fees based on an |
offender's ability to pay. The probation department may |
re-evaluate an offender's ability to pay every 6 months, and, |
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An |
offender may elect to pay probation fees due in a lump sum.
Any |
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under |
subsection (h) of this Section or under any interstate compact, |
shall be required to pay probation fees to the department |
supervising the offender, based on the offender's ability to |
pay.
|
(j) All fines and costs imposed under this Section for any
|
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a
similar provision of a local ordinance, and any |
violation of the Child
Passenger Protection Act, or a similar |
provision of a local ordinance, shall
be collected and |
disbursed by the circuit clerk as provided under Section
27.5 |
of the Clerks of Courts Act.
|
(k) A defendant at least 17 years of age who is placed on |
supervision
for a misdemeanor in a county of 3,000,000 or more |
|
inhabitants
and who has not been previously convicted of a |
misdemeanor or felony
may as a condition of his or her |
supervision be required by the court to
attend educational |
courses designed to prepare the defendant for a high school
|
diploma and to work toward a high school diploma or to work |
toward passing high school equivalency testing or to work
|
toward completing a vocational training program approved by the |
court. The
defendant placed on supervision must attend a public |
institution of education
to obtain the educational or |
vocational training required by this subsection
(k). The |
defendant placed on supervision shall be required to pay for |
the cost
of the educational courses or high school equivalency |
testing if a fee is charged for those courses
or testing. The |
court shall revoke the supervision of a person who wilfully |
fails
to comply with this subsection (k). The court shall |
resentence the defendant
upon revocation of supervision as |
provided in Section 5-6-4. This subsection
(k) does not apply |
to a defendant who has a high school diploma or has
|
successfully passed high school equivalency testing. This |
subsection (k) does not apply to a
defendant who is determined |
by the court to be a person with a developmental disability |
developmentally disabled or
otherwise mentally incapable of |
completing the
educational or vocational program.
|
(l) The court shall require a defendant placed on |
supervision for
possession of a substance
prohibited by the |
Cannabis Control Act, the Illinois Controlled Substances Act, |
|
or the Methamphetamine Control and Community Protection Act
|
after a previous conviction or disposition of supervision for |
possession of a
substance prohibited by the Cannabis Control |
Act, the Illinois Controlled
Substances Act, or the |
Methamphetamine Control and Community Protection Act or a |
sentence of probation under Section 10 of the Cannabis
Control |
Act or Section 410 of the Illinois Controlled Substances Act
|
and after a finding by the court that the person is addicted, |
to undergo
treatment at a substance abuse program approved by |
the court.
|
(m) The Secretary of State shall require anyone placed on |
court supervision
for a
violation of Section 3-707 of the |
Illinois Vehicle Code or a similar provision
of a local |
ordinance
to give proof of his or her financial
responsibility |
as
defined in Section 7-315 of the Illinois Vehicle Code. The |
proof shall be
maintained by the individual in a manner |
satisfactory to the Secretary of State
for
a
minimum period of |
3 years after the date the proof is first filed.
The proof |
shall be limited to a single action per arrest and may not be
|
affected by any post-sentence disposition. The Secretary of |
State shall
suspend the driver's license of any person
|
determined by the Secretary to be in violation of this |
subsection. |
(n) Any offender placed on supervision for any offense that |
the court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
|
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(o) An offender placed on supervision for a sex offense as |
defined in the Sex Offender
Management Board Act shall refrain |
from residing at the same address or in the same condominium |
unit or apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or |
reasonably should know is a convicted sex offender or has been |
placed on supervision for a sex offense. The provisions of this |
subsection (o) do not apply to a person convicted of a sex |
offense who is placed in a Department of Corrections licensed |
transitional housing facility for sex offenders. |
(p) An offender placed on supervision for an offense |
committed on or after June 1, 2008
(the effective date of |
Public Act 95-464)
that would qualify the accused as a child |
sex offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 or the Criminal Code of 2012 shall |
refrain from communicating with or contacting, by means of the |
Internet, a person who is not related to the accused and whom |
the accused reasonably believes to be under 18 years of age. |
For purposes of this subsection (p), "Internet" has the meaning |
ascribed to it in Section 16-0.1 of the Criminal Code of 2012; |
and a person is not related to the accused if the person is |
not: (i) the spouse, brother, or sister of the accused; (ii) a |
|
descendant of the accused; (iii) a first or second cousin of |
the accused; or (iv) a step-child or adopted child of the |
accused.
|
(q) An offender placed on supervision for an offense |
committed on or after June 1, 2008
(the effective date of |
Public Act 95-464)
that would qualify the accused as a child |
sex offender as defined in Section 11-9.3 or 11-9.4 of the |
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so |
ordered by the court, refrain from communicating with or |
contacting, by means of the Internet, a person who is related |
to the accused and whom the accused reasonably believes to be |
under 18 years of age. For purposes of this subsection (q), |
"Internet" has the meaning ascribed to it in Section 16-0.1 of |
the Criminal Code of 2012; and a person is related to the |
accused if the person is: (i) the spouse, brother, or sister of |
the accused; (ii) a descendant of the accused; (iii) a first or |
second cousin of the accused; or (iv) a step-child or adopted |
child of the accused.
|
(r) An offender placed on supervision for an offense under |
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a |
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or |
11-21 of the Criminal Code of 1961 or the Criminal Code of |
2012, or any attempt to commit any of these offenses, committed |
on or after the effective date of this amendatory Act of the |
95th General Assembly shall: |
(i) not access or use a computer or any other device |
|
with Internet capability without the prior written |
approval of the court, except in connection with the |
offender's employment or search for employment with the |
prior approval of the court; |
(ii) submit to periodic unannounced examinations of |
the offender's computer or any other device with Internet |
capability by the offender's probation officer, a law |
enforcement officer, or assigned computer or information |
technology specialist, including the retrieval and copying |
of all data from the computer or device and any internal or |
external peripherals and removal of such information, |
equipment, or device to conduct a more thorough inspection; |
(iii) submit to the installation on the offender's |
computer or device with Internet capability, at the |
offender's expense, of one or more hardware or software |
systems to monitor the Internet use; and |
(iv) submit to any other appropriate restrictions |
concerning the offender's use of or access to a computer or |
any other device with Internet capability imposed by the |
court. |
(s) An offender placed on supervision for an offense that |
is a sex offense as defined in Section 2 of the Sex Offender |
Registration Act that is committed on or after January 1, 2010 |
(the effective date of Public Act 96-362) that requires the |
person to register as a sex offender under that Act, may not |
knowingly use any computer scrub software on any computer that |
|
the sex offender uses. |
(t) An offender placed on supervision for a sex offense as |
defined in the Sex Offender
Registration Act committed on or |
after January 1, 2010 (the effective date of Public Act 96-262) |
shall refrain from accessing or using a social networking |
website as defined in Section 17-0.5 of the Criminal Code of |
2012. |
(u) Jurisdiction over an offender may be transferred from |
the sentencing court to the court of another circuit with the |
concurrence of both courts. Further transfers or retransfers of |
jurisdiction are also authorized in the same manner. The court |
to which jurisdiction has been transferred shall have the same |
powers as the sentencing court. The probation department within |
the circuit to which jurisdiction has been transferred may |
impose probation fees upon receiving the transferred offender, |
as provided in subsection (i). The probation department from |
the original sentencing court shall retain all probation fees |
collected prior to the transfer. |
(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; |
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. |
1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
|
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
|
Sec. 5-7-1. Sentence of Periodic Imprisonment.
|
(a) A sentence of periodic imprisonment is a sentence of
|
imprisonment during which the committed person may be released |
|
for
periods of time during the day or night or for periods of |
days, or both,
or if convicted of a felony, other than first |
degree murder, a Class X or
Class 1 felony, committed to any |
county, municipal, or regional
correctional or detention |
institution or facility in this State for such
periods of time |
as the court may direct. Unless the court orders otherwise,
the |
particular times and conditions of release shall be determined |
by
the Department of Corrections, the sheriff, or the |
Superintendent of the
house of corrections, who is |
administering the program.
|
(b) A sentence of periodic imprisonment may be imposed to |
permit the
defendant to:
|
(1) seek employment;
|
(2) work;
|
(3) conduct a business or other self-employed |
occupation including
housekeeping;
|
(4) attend to family needs;
|
(5) attend an educational institution, including |
vocational
education;
|
(6) obtain medical or psychological treatment;
|
(7) perform work duties at a county, municipal, or |
regional correctional
or detention institution or |
facility;
|
(8) continue to reside at home with or without |
supervision involving
the use of an approved electronic |
monitoring device, subject to
Article 8A of Chapter V; or
|
|
(9) for any other purpose determined by the court.
|
(c) Except where prohibited by other provisions of this |
Code,
the court may impose a sentence of periodic imprisonment |
for a
felony or misdemeanor on a person who is 17 years of age |
or older. The
court shall not impose a sentence of periodic |
imprisonment if it imposes
a sentence of imprisonment upon the |
defendant in excess of 90 days.
|
(d) A sentence of periodic imprisonment shall be for a |
definite
term of from 3 to 4 years for a Class 1 felony, 18 to |
30 months
for a Class 2 felony, and up to 18 months, or the |
longest sentence of
imprisonment that could be imposed for the |
offense, whichever is less, for
all other offenses; however, no |
person shall be sentenced to a term of
periodic imprisonment |
longer than one year if he is committed to a county
|
correctional institution or facility, and in conjunction with |
that sentence
participate in a county work release program |
comparable to the work and day
release program provided for in |
Article 13 of the Unified Code of
Corrections in State |
facilities. The term of the sentence shall be
calculated upon |
the basis of the duration of its term rather than upon
the |
basis of the actual days spent in confinement. No sentence
of |
periodic imprisonment shall be subject to the good time
credit |
provisions of Section 3-6-3 of this Code.
|
(e) When the court imposes a sentence of periodic |
imprisonment, it
shall state:
|
(1) the term of such sentence;
|
|
(2) the days or parts of days which the defendant is to |
be confined;
|
(3) the conditions.
|
(f) The court may issue an order of protection pursuant to |
the
Illinois Domestic Violence Act of 1986 as a condition of a |
sentence of
periodic imprisonment. The Illinois Domestic |
Violence Act of 1986 shall
govern the issuance, enforcement and |
recording of orders of protection
issued under this Section. A |
copy of the order of protection shall be
transmitted to the |
person or agency having responsibility for the case.
|
(f-5) An offender sentenced to a term of periodic |
imprisonment for a
felony sex
offense as defined in the Sex |
Offender Management Board Act shall be required
to undergo and |
successfully complete sex offender treatment by a treatment
|
provider approved by the Board and conducted in conformance |
with the standards
developed under the Sex Offender Management |
Board Act.
|
(g) An offender sentenced to periodic imprisonment who |
undergoes mandatory
drug or alcohol testing, or both, or is
|
assigned to be placed on an approved electronic monitoring |
device, shall be
ordered to pay the costs incidental to such |
mandatory drug or alcohol
testing, or both, and costs |
incidental to such approved electronic
monitoring in |
accordance with the defendant's ability to pay those costs.
The |
county board with the concurrence of the Chief Judge of the |
judicial
circuit in which the county is located shall establish |
|
reasonable
fees for
the cost of maintenance, testing, and |
incidental expenses related to the
mandatory drug or alcohol |
testing, or both, and all costs incidental to
approved |
electronic monitoring, of all offenders with a sentence of
|
periodic imprisonment. The concurrence of the Chief Judge shall |
be in the
form of an administrative order.
The fees shall be |
collected by the clerk of the circuit court. The clerk of
the |
circuit court shall pay all moneys collected from these fees to |
the county
treasurer who shall use the moneys collected to |
defray the costs of
drug testing,
alcohol testing, and |
electronic monitoring.
The county treasurer shall deposit the |
fees collected in the
county working cash fund under Section |
6-27001 or Section 6-29002 of the
Counties Code, as the case |
may be.
|
(h) All fees and costs imposed under this Section for any |
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a similar
provision of a local ordinance, and any |
violation of
the Child Passenger Protection Act, or a similar |
provision of a local
ordinance, shall be collected and |
disbursed by the
circuit clerk as provided under Section 27.5 |
of the Clerks of Courts Act.
|
(i) A defendant at least 17 years of age who is
convicted |
of a misdemeanor or felony in a county of 3,000,000 or more
|
inhabitants and who has not been previously convicted
of a |
misdemeanor or a felony and who is sentenced to a term of |
periodic
imprisonment may as a condition of his or her sentence |
|
be required by the
court to attend educational courses designed |
to
prepare the defendant for a high school diploma and to work |
toward receiving a
high school
diploma or to work toward |
passing high school equivalency testing or to work toward |
completing a vocational training program
approved by the court. |
The defendant sentenced to periodic imprisonment must
attend a |
public institution of education to obtain the educational or
|
vocational training required by this subsection (i). The |
defendant sentenced
to a term of periodic imprisonment shall be |
required to pay for the cost of the
educational courses or high |
school equivalency testing if a fee is charged for those |
courses or testing.
The court shall
revoke the sentence of |
periodic imprisonment of the defendant who wilfully
fails
to |
comply with this subsection (i). The court shall resentence the |
defendant
whose sentence of periodic imprisonment has been
|
revoked as provided in Section 5-7-2. This
subsection (i) does |
not apply to a defendant who has a high school diploma or
has |
successfully passed high school equivalency testing. This |
subsection (i) does not apply to a
defendant who is determined |
by the court to be a person with a developmental disability |
developmentally disabled or
otherwise mentally incapable of |
completing the
educational or vocational program.
|
(Source: P.A. 98-718, eff. 1-1-15 .)
|
Section 915. The Code of Civil Procedure is amended by |
changing Section 13-114 as follows:
|
|
(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
|
Sec. 13-114. Seventy-five year limitation. No deed, will, |
estate, proof
of heirship, plat, affidavit
or other instrument |
or document, or any court proceeding, order or
judgment, or any |
agreement, written or unwritten, sealed or unsealed, or
any |
fact, event, or statement, or any part or copy of any of the
|
foregoing, relating to or affecting the title to real estate in |
the
State of Illinois, which happened, was administered, or was |
executed,
dated, delivered, recorded or entered into more than |
75 years prior to
July 1, 1872, or such subsequent date as the |
same is
offered, presented, urged, claimed, asserted, or |
appears against any
person hereafter becoming interested in the |
title to any real estate, or
to any agent or attorney thereof, |
shall adversely to the party or
parties hereafter coming into |
possession of such real estate under claim
or color of title or |
persons claiming under him, her or them, constitute
notice, |
either actual or constructive of any right, title, interest
or |
claim in and to such real estate, or any part thereof, or be,
|
or be considered to be evidence or admissible in evidence or be |
held or
urged to make any title unmarketable in part or in |
whole, or be required
or allowed to be alleged or proved as a |
basis for any action, or any
statutory proceeding affecting |
directly or indirectly the title to such
real estate.
|
The limitation of this Section, however, shall be deferred |
from and
after the expiration of such 75 year period for an |
|
additional period of
10 years, if a claim in writing in and to |
real estate therein
particularly described, incorporating the |
terms or substance of any such
deed, will, estate, proof of |
heirship, plat, affidavit, or other
instrument or document, or |
any court proceeding, order or judgment or
any agreement, |
written or unwritten, sealed or unsealed, or any fact,
event or |
statement, or any part or copy thereof in such claim, is filed
|
in the office of the recorder in the county or counties in
|
which such real estate is located:
|
1. within 3 years prior to the expiration of such 75 year |
period;
or
|
2. after the expiration of such 75 year period, by a minor |
or
a claimant under a legal disability who became under such |
disability during such 75
year period and within 2 years after |
the disability of such minor or
of the claimant a under legal |
disability has been removed; or
|
3. after the expiration of such 75 year period, by a |
guardian of a
minor or person who was determined by a court to |
be under a legal disability became legally disabled
during such |
75 year period and within 2 years after such guardian
has been |
appointed for such minor or person under a legal disability.
|
The provisions of this Section shall not apply to or |
operate against
the United States of America or the State of |
Illinois or any other state
of the United States of America; or |
as to real estate held for a public
purpose by any municipality |
or other political subdivision of the State
of Illinois; or |
|
against any person under whom the party or parties in
|
possession during the period herein permitted for reassertion |
of title
claim by lease or other privity of contract; or |
against any person
who during the entire period herein |
permitted for reassertion of title,
or prior thereto, has not |
had the right to sue for and protect
his or her claim, interest |
or title.
|
(Source: P.A. 83-1362.)
|
Section 920. The Crime Victims Compensation Act is amended |
by changing Section 6.1 as follows:
|
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
|
Sec. 6.1. Right to compensation. A person is entitled to |
compensation
under this Act if:
|
(a) Within 2 years of the occurrence of the crime, or |
within one year after a criminal charge of a person for an |
offense, upon
which the claim
is based, he files an |
application, under oath, with the Court of Claims and
on a |
form prescribed in accordance with Section 7.1 furnished by |
the
Attorney General. If the person entitled to |
compensation is under 18 years
of age or under other legal |
disability at the time of the occurrence or
is determined |
by a court to be under a legal disability becomes legally |
disabled as a result of the occurrence, he may file the
|
application required by this subsection within 2 years |
|
after
he attains
the age of 18 years or the disability is |
removed, as the case may be. Legal disability includes a |
diagnosis of posttraumatic stress disorder.
|
(b) For all crimes of violence, except those listed in |
subsection (b-1) of this Section, the appropriate law |
enforcement officials were notified within
72 hours of the |
perpetration of the crime allegedly causing the death or
|
injury to the victim or, in the event such notification was |
made more
than 72 hours after the perpetration of the |
crime, the applicant
establishes that such notice was |
timely under the circumstances.
|
(b-1) For victims of offenses defined in Sections |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, |
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or |
the Criminal Code of 2012, the appropriate law enforcement |
officials were notified within 7 days of the perpetration |
of the crime allegedly causing death or injury to the |
victim or, in the event that the notification was made more |
than 7 days after the perpetration of the crime, the |
applicant establishes that the notice was timely under the |
circumstances.
If the applicant or victim has obtained an |
order of protection, a civil no contact order, or a |
stalking no contact order, or has presented himself or |
herself to a hospital for sexual assault evidence |
collection and medical care, such action shall constitute |
appropriate notification under this subsection (b-1) or |
|
subsection (b) of this Section.
|
(c) The applicant has cooperated with law enforcement
|
officials in the apprehension and prosecution of the |
assailant. If the applicant or victim has obtained an order |
of protection, a civil no contact order, or a stalking no |
contact order or has presented himself or herself to a |
hospital for sexual assault evidence collection and |
medical care, such action shall constitute cooperation |
under this subsection (c).
|
(d) The applicant is not the offender or an accomplice |
of the offender
and the award would not unjustly benefit |
the offender or his accomplice.
|
(e) The injury to or death of the victim was not |
substantially attributable
to his own wrongful act and was |
not substantially provoked by the victim.
|
(f) For victims of offenses defined in Section 10-9 of |
the Criminal Code of 2012, the victim submits a statement |
under oath on a form prescribed by the Attorney General |
attesting that the removed tattoo was applied in connection |
with the commission of the offense. |
(Source: P.A. 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13; |
98-435, eff. 1-1-14.)
|
Section 925. The Mental Health and Developmental |
Disabilities Confidentiality Act is amended by changing |
Sections 4 and 12 as follows:
|
|
(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
|
Sec. 4.
(a) The following persons shall be entitled, upon |
request,
to inspect and copy a recipient's record or any part |
thereof:
|
(1) the parent or guardian of a recipient who is under |
12 years of age;
|
(2) the recipient if he is 12 years of age or older;
|
(3) the parent or guardian of a recipient who is at |
least 12 but under
18 years, if the recipient is informed |
and does not object or if the therapist
does not find that |
there are compelling reasons for denying the access.
The |
parent or guardian who is denied access by either the |
recipient or the
therapist may petition a court for access |
to the record. Nothing in this
paragraph is intended to |
prohibit the parent or guardian of a recipient who is
at |
least 12 but under 18 years from requesting and receiving |
the following
information: current physical and mental |
condition, diagnosis, treatment needs,
services provided, |
and services needed, including medication, if any;
|
(4) the guardian of a recipient who is 18 years or |
older;
|
(5) an attorney or guardian ad litem who represents a |
minor 12
years of age or older in any judicial or |
administrative proceeding,
provided that the court or |
administrative hearing officer has entered an
order |
|
granting the attorney this right;
|
(6) an agent appointed under a recipient's power of |
attorney for health
care or for property, when the power of |
attorney authorizes the access;
|
(7) an attorney-in-fact appointed under the Mental |
Health Treatment Preference Declaration Act; or |
(8) any person in whose care and custody the recipient |
has been placed pursuant to Section 3-811 of the Mental |
Health and Developmental Disabilities Code. |
(b) Assistance in interpreting the record may be provided |
without charge
and shall be provided if the person inspecting |
the record is under 18 years
of age. However, access may in no |
way be denied or limited if the person
inspecting the record |
refuses the assistance. A reasonable fee may be
charged for |
duplication of a record. However, when requested to do so in
|
writing by any indigent recipient, the custodian of the records |
shall
provide at no charge to the recipient, or to the |
Guardianship and Advocacy
Commission, the agency designated by |
the Governor under Section 1 of the
Protection and Advocacy for |
Persons with Developmental Disabilities Developmentally |
Disabled Persons Act or to any
other not-for-profit agency |
whose primary purpose is to provide free legal
services or |
advocacy for the indigent and who has received written
|
authorization from the recipient under Section 5 of this Act to |
receive his
records, one copy of any records in its possession |
whose disclosure is
authorized under this Act.
|
|
(c) Any person entitled to access to a record under this |
Section may submit
a written statement concerning any disputed |
or new information, which statement
shall be entered into the |
record. Whenever any disputed part of a record
is disclosed, |
any submitted statement relating thereto shall accompany the
|
disclosed part. Additionally, any person entitled to access may |
request
modification of any part of the record which he |
believes is incorrect or
misleading. If the request is refused, |
the person may seek a court order
to compel modification.
|
(d) Whenever access or modification is requested, the |
request and any
action taken thereon shall be noted in the |
recipient's record.
|
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
|
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
|
Sec. 12. (a) If the United States Secret Service or the |
Department of
State Police requests information from a mental |
health or developmental
disability facility, as defined in |
Section 1-107 and 1-114 of the Mental
Health and Developmental |
Disabilities Code, relating to a specific
recipient and the |
facility director determines that disclosure of such
|
information may be necessary to protect the life of, or to |
prevent
the infliction of great bodily harm to, a public |
official,
or a person under the protection of the United
States |
Secret Service, only the following information
may be |
disclosed: the recipient's name, address, and age and the date |
|
of
any admission to or discharge from a facility; and any |
information which
would indicate whether or not the recipient |
has a history of violence or
presents a danger of violence to |
the person under protection. Any information
so disclosed shall |
be used for investigative purposes only and shall not
be |
publicly disseminated.
Any person participating in good faith |
in the disclosure of such
information in accordance with this |
provision shall have immunity from any
liability, civil, |
criminal or otherwise, if such information is disclosed
relying |
upon the representation of an officer of the United States |
Secret
Service or the Department of State Police that a person |
is under the
protection of the United States Secret Service or |
is a public official.
|
For the purpose of this subsection (a), the term "public |
official" means
the Governor, Lieutenant Governor, Attorney |
General, Secretary of State,
State Comptroller, State |
Treasurer, member of the General Assembly, member of the United |
States Congress, Judge of the United States as defined in 28 |
U.S.C. 451, Justice of the United States as defined in 28 |
U.S.C. 451, United States Magistrate Judge as defined in 28 |
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
Supreme, Appellate, Circuit, or Associate Judge of the State of |
Illinois. The
term shall also include the spouse, child or |
children of a public official.
|
(b) The Department of Human Services (acting as successor |
to the
Department of Mental Health and Developmental |
|
Disabilities) and all
public or private hospitals and mental |
health facilities are required, as hereafter described in this |
subsection,
to furnish the Department of State Police only such |
information as may
be required for the sole purpose of |
determining whether an individual who
may be or may have been a |
patient is disqualified because of that status
from receiving |
or retaining a Firearm Owner's Identification Card or falls |
within the federal prohibitors under subsection (e), (f), (g), |
(r), (s), or (t) of Section 8 of the Firearm Owners |
Identification Card Act, or falls within the federal |
prohibitors in 18 U.S.C. 922(g) and (n). All physicians, |
clinical psychologists, or qualified examiners at public or |
private mental health facilities or parts thereof as defined in |
this subsection shall, in the form and manner required
by the |
Department, provide notice directly to the Department of Human |
Services, or to his or her employer who shall then report to |
the Department, within 24 hours after determining that a |
patient as described in clause (2) of the definition of |
"patient" in Section 1.1 of the Firearm Owners Identification |
Card Act poses a clear and present danger to himself, herself, |
or others, or is determined to be a person with a developmental |
disability developmentally disabled . This information shall be |
furnished within 24 hours after the physician, clinical |
psychologist, or qualified examiner has made a determination, |
or within 7 days after
admission to a public or private |
hospital or mental health facility or the provision of services |
|
to a patient described in clause (1) of the definition of |
"patient" in Section 1.1 of the Firearm Owners Identification |
Card Act. Any such information disclosed under
this subsection |
shall
remain privileged and confidential, and shall not be |
redisclosed, except as required by subsection (e) of Section |
3.1 of the Firearm Owners Identification Card Act, nor utilized
|
for any other purpose. The method of requiring the providing of |
such
information shall guarantee that no information is |
released beyond what
is necessary for this purpose. In |
addition, the information disclosed
shall be provided
by the |
Department within the time period established by Section 24-3 |
of the
Criminal Code of 2012 regarding the delivery of |
firearms. The method used
shall be sufficient to provide the |
necessary information within the
prescribed time period, which |
may include periodically providing
lists to the Department of |
Human Services
or any public or private hospital or mental |
health facility of Firearm Owner's Identification Card |
applicants
on which the Department or hospital shall indicate |
the identities of those
individuals who are to its knowledge |
disqualified from having a Firearm
Owner's Identification Card |
for reasons described herein. The Department
may provide for a |
centralized source
of information for the State on this subject |
under its jurisdiction. The identity of the person reporting |
under this subsection shall not be disclosed to the subject of |
the report. For the purposes of this subsection, the physician, |
clinical psychologist, or qualified examiner making the |
|
determination and his or her employer shall not be held |
criminally, civilly, or professionally liable for making or not |
making the notification required under this subsection, except |
for willful or wanton misconduct.
|
Any person, institution, or agency, under this Act, |
participating in
good faith in the reporting or disclosure of |
records and communications
otherwise in accordance with this |
provision or with rules, regulations or
guidelines issued by |
the Department shall have immunity from any
liability, civil, |
criminal or otherwise, that might result by reason of the
|
action. For the purpose of any proceeding, civil or criminal,
|
arising out of a report or disclosure in accordance with this |
provision,
the good faith of any person,
institution, or agency |
so reporting or disclosing shall be presumed. The
full extent |
of the immunity provided in this subsection (b) shall apply to
|
any person, institution or agency that fails to make a report |
or disclosure
in the good faith belief that the report or |
disclosure would violate
federal regulations governing the |
confidentiality of alcohol and drug abuse
patient records |
implementing 42 U.S.C. 290dd-3 and 290ee-3.
|
For purposes of this subsection (b) only, the following |
terms shall have
the meaning prescribed:
|
(1) (Blank).
|
(1.3) "Clear and present danger" has the meaning as |
defined in Section 1.1 of the Firearm Owners Identification |
Card Act. |
|
(1.5) " Person with a developmental disability" |
Developmentally disabled" has the meaning as defined in |
Section 1.1 of the Firearm Owners Identification Card Act.
|
(2) "Patient" has the meaning as defined in Section 1.1 |
of the Firearm Owners Identification Card Act.
|
(3) "Mental health facility" has the meaning as defined |
in Section 1.1 of the Firearm Owners Identification Card |
Act.
|
(c) Upon the request of a peace officer who takes a person |
into custody
and transports such person to a mental health or |
developmental disability
facility pursuant to Section 3-606 or |
4-404 of the Mental Health and
Developmental Disabilities Code |
or who transports a person from such facility,
a facility |
director shall furnish said peace officer the name, address, |
age
and name of the nearest relative of the person transported |
to or from the
mental health or developmental disability |
facility. In no case shall the
facility director disclose to |
the peace officer any information relating to the
diagnosis, |
treatment or evaluation of the person's mental or physical |
health.
|
For the purposes of this subsection (c), the terms "mental |
health or
developmental disability facility", "peace officer" |
and "facility director"
shall have the meanings ascribed to |
them in the Mental Health and
Developmental Disabilities Code.
|
(d) Upon the request of a peace officer or prosecuting |
authority who is
conducting a bona fide investigation of a |
|
criminal offense, or attempting to
apprehend a fugitive from |
justice,
a facility director may disclose whether a person is |
present at the facility.
Upon request of a peace officer or |
prosecuting authority who has a valid
forcible felony warrant |
issued, a facility director shall disclose: (1) whether
the |
person who is the subject of the warrant is present at the |
facility and (2)
the
date of that person's discharge or future |
discharge from the facility.
The requesting peace officer or |
prosecuting authority must furnish a case
number and the |
purpose of the investigation or an outstanding arrest warrant |
at
the time of the request. Any person, institution, or agency
|
participating in good faith in disclosing such information in |
accordance with
this subsection (d) is immune from any |
liability, civil, criminal or
otherwise, that might result by |
reason of the action.
|
(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
|
Section 930. The Sports Volunteer Immunity Act is amended |
by changing Section 1 as follows:
|
(745 ILCS 80/1) (from Ch. 70, par. 701)
|
Sec. 1. Manager, coach, umpire or referee
negligence |
standard. |
(a) General rule. Except as provided otherwise in
this |
Section, no person who, without compensation and as a |
volunteer,
renders services as a manager, coach, instructor, |
|
umpire or referee or who,
without compensation and as a |
volunteer, assists a manager, coach,
instructor, umpire or |
referee in a sports program of a nonprofit
association, shall |
be liable to any
person for any civil damages as a result of |
any acts or omissions in
rendering such services or in |
conducting or sponsoring such sports program,
unless the |
conduct of such person falls
substantially below the standards |
generally practiced and accepted in like
circumstances by |
similar persons
rendering such services or conducting or |
sponsoring such sports programs,
and unless it is shown that |
such person did an act
or omitted the doing of an act which |
such person
was under a recognized duty to another to do, |
knowing or having reason to
know that such act or omission |
created a substantial risk of actual harm to
the person or |
property of another. It shall be insufficient to impose
|
liability to establish only that the conduct of such person
|
fell below ordinary standards of care.
|
(b) Exceptions.
|
(1) Nothing in this Section shall be construed as |
affecting or modifying
the liability of such person or a |
nonprofit association for any of the following:
|
(i) Acts or omissions relating to the |
transportation of participants in
a sports program or |
others to or from a game, event or practice.
|
(ii) Acts or omissions relating to the care and |
maintenance of real
estate unrelated to the practice or |
|
playing areas which such persons or
nonprofit |
associations own, possess or control.
|
(2) Nothing in this Section shall be construed as |
affecting or modifying
any existing legal basis for |
determining the liability, or any defense
thereto, of any |
person not covered by the standard of negligence
|
established by this Section.
|
(c) Assumption of risk or comparative fault. Nothing in |
this Section
shall be construed as affecting or modifying the |
doctrine of assumption of
risk or comparative fault on the part |
of the participant.
|
(d) Definitions. As used in this Act the following words |
and
phrases shall have the meanings given to them in this |
subsection:
|
"Compensation" means any payment for services performed |
but does not
include reimbursement for reasonable
expenses |
actually incurred or to be incurred or, solely in the case of
|
umpires or referees, a modest honorarium.
|
"Nonprofit association" means an entity which is organized |
as a
not-for-profit corporation under the laws of this State or |
the United
States or a nonprofit unincorporated association or |
any entity which is
authorized to do business
in this State as |
a not-for-profit corporation under the laws of this State,
|
including, but not limited to, youth or athletic associations, |
volunteer
fire, ambulance, religious, charitable, fraternal, |
veterans, civic, county
fair or agricultural associations, or |
|
any separately chartered auxiliary of
the foregoing, if |
organized and operated on a nonprofit basis.
|
"Sports program" means baseball (including softball), |
football, basketball,
soccer or any other competitive sport |
formally recognized as a sport by the
United States Olympic |
Committee as specified by and under the jurisdiction
of the |
Amateur Sports Act of 1978 (36 U.S.C. 371 et
seq.), the Amateur |
Athletic Union or the National Collegiate Athletic
|
Association. The term shall be limited to a program or that |
portion of a
program that is organized for recreational |
purposes and whose activities
are substantially for such |
purposes and which is primarily for participants
who are 18 |
years of age or younger or whose 19th birthday occurs during |
the
year of participation or the competitive season, whichever |
is longer.
There shall, however, be no age limitation for |
programs operated for persons with physical or intellectual |
disabilities the
physically handicapped or intellectually |
disabled .
|
(e) Nothing in this Section is intended to bar any cause of |
action
against a nonprofit association or change the liability |
of such an
association which arises out of an act or omission |
of any person exempt
from liability under this Act.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 935. The Predator Accountability Act is amended by |
changing Section 10 as follows:
|
|
(740 ILCS 128/10)
|
Sec. 10. Definitions. As used in this Act: |
"Sex trade" means any act, which if proven beyond a |
reasonable doubt could support a conviction for a violation or |
attempted violation of any of the following Sections of the |
Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3 |
(promoting prostitution); 11-14.4 (promoting juvenile |
prostitution); 11-15 (soliciting for a prostitute); 11-15.1 |
(soliciting for a juvenile prostitute); 11-16 (pandering); |
11-17 (keeping a place of prostitution); 11-17.1 (keeping a |
place of juvenile prostitution); 11-19 (pimping); 11-19.1 |
(juvenile pimping and aggravated juvenile pimping); 11-19.2 |
(exploitation of a child); 11-20 (obscenity); 11-20.1 (child |
pornography); or 11-20.1B or 11-20.3 (aggravated child |
pornography); or Section 10-9 (trafficking in persons and |
involuntary servitude). |
"Sex trade" activity may involve adults and youth of all |
genders and sexual orientations.
|
"Victim of the sex trade" means, for the following sex |
trade acts, the person or persons indicated: |
(1) soliciting for a prostitute: the prostitute who is |
the object of the solicitation; |
(2) soliciting for a juvenile prostitute: the juvenile |
prostitute, or person with a severe or profound |
intellectual disability severely or profoundly |
|
intellectually disabled person , who is the object of the |
solicitation; |
(3) promoting prostitution as described in subdivision |
(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, or pandering: |
the person intended or compelled to act as a prostitute; |
(4) keeping a place of prostitution: any person |
intended or compelled to act as a prostitute, while present |
at the place, during the time period in question; |
(5) keeping a place of juvenile prostitution: any |
juvenile intended or compelled to act as a prostitute, |
while present at the place, during the time period in |
question; |
(6) promoting prostitution as described in subdivision |
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 |
or the Criminal Code of 2012, or pimping: the prostitute |
from whom anything of value is received; |
(7) promoting juvenile prostitution as described in |
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the |
Criminal Code of 1961 or the Criminal Code of 2012, or |
juvenile pimping and aggravated juvenile pimping: the |
juvenile, or person with a severe or profound intellectual |
disability severely or profoundly intellectually disabled |
person , from whom anything of value is received for that |
person's act of prostitution; |
(8) promoting juvenile prostitution as described in |
|
subdivision (a)(4) of Section 11-14.4 of the Criminal Code |
of 1961 or the Criminal Code of 2012, or exploitation of a |
child: the juvenile, or person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled person , intended or compelled to |
act as a prostitute or from whom anything of value is |
received for that person's act of prostitution; |
(9) obscenity: any person who appears in or is |
described or depicted in the offending conduct or material; |
(10) child pornography or aggravated child |
pornography: any child, or person with a severe or profound |
intellectual disability severely or profoundly |
intellectually disabled person , who appears in or is |
described or depicted in the offending conduct or material; |
or |
(11) trafficking of persons or involuntary servitude: |
a "trafficking victim" as defined in Section 10-9 of the |
Criminal Code of 1961 or the Criminal Code of 2012.
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; |
97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13; |
97-1150, eff. 1-25-13.)
|
Section 940. The Illinois Marriage and Dissolution of |
Marriage Act is amended by changing Sections 216, 513, 601, and |
607 as follows:
|
|
(750 ILCS 5/216) (from Ch. 40, par. 216)
|
Sec. 216.
Prohibited Marriages Void if Contracted in |
Another
State.) That if any person residing and intending to |
continue
to reside in this state and who is a person with a |
disability disabled or prohibited from
contracting marriage |
under the laws of this state, shall go into
another state or |
country and there contract a marriage prohibited
and declared |
void by the laws of this state, such marriage shall
be null and |
void for all purposes in this state with the same
effect as |
though such prohibited marriage had been entered
into in this |
state.
|
(Source: P.A. 80-923.)
|
(750 ILCS 5/513) (from Ch. 40, par. 513)
|
Sec. 513. Support for Non-minor Children and Educational |
Expenses.
|
(a) The court may award sums of money out of the property |
and income of
either or both parties or the estate of a |
deceased parent, as equity may
require, for the support of the |
child or children of the parties who have
attained majority in |
the following instances:
|
(1) When the child is a person with a mental or |
physical disability mentally or physically disabled and |
not otherwise
emancipated, an application for support may |
be made before or after the child
has attained majority.
|
(2) The court may also make provision for the |
|
educational expenses of the
child or children of the |
parties, whether of minor or majority age, and an
|
application for educational expenses may be made before or |
after the child has
attained majority, or after the death |
of either parent. The authority under
this Section to make |
provision for educational expenses extends not only to
|
periods of college education or professional or other |
training after graduation
from high school, but also to any |
period during which the child of the parties
is still |
attending high school, even though he or she attained the |
age of
19.
The educational expenses may include, but shall |
not be limited to, room, board,
dues, tuition, |
transportation, books, fees, registration and application |
costs,
medical expenses including medical insurance, |
dental expenses, and living
expenses during the school year |
and periods of recess, which sums may be
ordered payable to |
the child, to either parent, or to the educational
|
institution, directly or through a special account or trust |
created for
that purpose, as the court sees fit.
|
If educational expenses are ordered payable, each |
parent and the child
shall
sign any consents necessary for |
the educational institution to provide the
supporting |
parent with access to the child's academic transcripts, |
records, and
grade reports. The consents shall not apply to |
any non-academic records.
Failure to execute the required |
consent may be a basis for a modification or
termination of |
|
any order entered under this Section. Unless the court |
specifically finds that the child's safety would be |
jeopardized, each parent is entitled to know the name of |
the educational institution the child attends. This |
amendatory Act of the 95th General Assembly applies to all |
orders entered under this paragraph (2) on or after the |
effective date of this amendatory Act of the 95th General |
Assembly.
|
The authority under this Section to make provision for |
educational
expenses, except where the child is a person |
with a mental or physical disability mentally or physically |
disabled and not
otherwise emancipated, terminates when |
the child receives
a baccalaureate degree.
|
(b) In making awards under paragraph (1) or (2) of |
subsection (a), or
pursuant to a petition or motion to |
decrease, modify, or terminate any such
award, the court shall |
consider all relevant factors that appear reasonable
and |
necessary, including:
|
(1) The financial resources of both parents.
|
(2) The standard of living the child would have enjoyed |
had the marriage
not been dissolved.
|
(3) The financial resources of the child.
|
(4) The child's academic performance.
|
(Source: P.A. 95-954, eff. 8-29-08.)
|
(750 ILCS 5/601) (from Ch. 40, par. 601)
|
|
Sec. 601. Jurisdiction; Commencement of Proceeding.
|
(a) A court of this State competent to decide child custody |
matters has
jurisdiction to make a child custody determination |
in original or modification
proceedings as provided in Section |
201 of the Uniform
Child-Custody Jurisdiction and Enforcement |
Act as
adopted by this State.
|
(b) A child custody proceeding is commenced in the court:
|
(1) by a parent, by filing a petition:
|
(i) for dissolution of marriage or legal |
separation or declaration
of invalidity of marriage; |
or
|
(ii) for custody of the child, in the county in |
which he is
permanently resident or found;
|
(2) by a person other than a parent, by filing a |
petition for
custody of the child in the county in which he |
is permanently resident
or found, but only if he is not in |
the physical custody of one of his
parents; or
|
(3) by a stepparent, by filing a petition, if all of |
the following
circumstances are met:
|
(A) the child is at least 12 years old;
|
(B) the custodial parent and stepparent were |
married for at least 5
years during which the child |
resided with the parent and stepparent;
|
(C) the custodial parent is deceased or is a person |
with a disability disabled and cannot perform
the |
duties of a parent to the child;
|
|
(D) the stepparent provided for the care, control, |
and welfare to the
child prior to the initiation of |
custody proceedings;
|
(E) the child wishes to live with the stepparent; |
and
|
(F) it is alleged to be in the best interests and |
welfare of the
child to live with the stepparent as |
provided in Section 602 of this Act ; or . |
(4) when When one of the parents is deceased, by a |
grandparent who is a parent or stepparent of a deceased |
parent, by filing a petition, if one or more of the |
following existed at the time of the parent's death: |
(A) the surviving parent had been absent from the |
marital abode for more than one month without the |
deceased spouse knowing his or her whereabouts; |
(B) the surviving parent was in State or federal |
custody; or |
(C) the surviving parent had: (i) received |
supervision for or been convicted of any violation of |
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, |
19-6, or Article 12 of the Criminal Code of 1961 or the |
Criminal Code of 2012 directed towards the deceased |
parent or the child; or (ii) received supervision or |
been convicted of violating an order of protection |
entered under Section 217, 218, or 219 of the Illinois |
|
Domestic Violence Act of 1986 for the protection of the |
deceased parent or the child.
|
(c) Notice of a child custody proceeding, including an |
action
for modification of a previous custody order, shall be |
given to the
child's parents, guardian and custodian, who may |
appear, be heard, and
file a responsive pleading. The court, |
upon showing of good cause, may
permit intervention of other |
interested parties.
|
(d) Proceedings for modification of a previous custody |
order
commenced more than 30 days following the entry of a |
previous custody order
must be initiated by serving a written |
notice and a copy of the petition
for modification upon the |
child's parent, guardian and custodian at least
30 days prior |
to hearing on the petition. Nothing in this Section shall
|
preclude a party in custody modification proceedings from |
moving for a
temporary order under Section 603 of this Act.
|
(e) (Blank). |
(f) The court shall, at the court's discretion or upon the |
request of any party entitled to petition for custody of the |
child, appoint a guardian ad litem to represent the best |
interest of the child for the duration of the custody |
proceeding or for any modifications of any custody orders |
entered. Nothing in this Section shall be construed to prevent |
the court from appointing the same guardian ad litem for 2 or |
more children that are siblings or half-siblings.
|
(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)
|
|
(750 ILCS 5/607) (from Ch. 40, par. 607)
|
Sec. 607. Visitation.
|
(a) A parent not granted custody of the child
is entitled |
to reasonable visitation rights unless the court finds,
after a |
hearing, that visitation would endanger seriously the child's
|
physical, mental, moral or emotional health. If the custodian's |
street
address is not identified, pursuant to Section 708, the |
court shall require
the parties to identify reasonable |
alternative arrangements for visitation
by a non-custodial |
parent, including but not limited to visitation of the
minor |
child at the residence of another person or at a local public |
or
private facility.
|
(1) "Visitation" means in-person time spent between a |
child and the child's parent. In appropriate |
circumstances, it may include electronic communication |
under conditions and at times determined by the court. |
(2) "Electronic communication" means time that a |
parent spends with his or her child during which the child |
is not in the parent's actual physical custody, but which |
is facilitated by the use of communication tools such as |
the telephone, electronic mail, instant messaging, video |
conferencing or other wired or wireless technologies via |
the Internet, or another medium of communication.
|
(a-3) Grandparents, great-grandparents, and siblings of a |
minor child, who is one year old or older, have standing to |
|
bring an action in circuit court by petition, requesting |
visitation in accordance with this Section. The term "sibling" |
in this Section means a brother, sister, stepbrother, or |
stepsister of the minor child. Grandparents, |
great-grandparents, and siblings also have standing to file a |
petition for visitation and any electronic communication
|
rights in a pending dissolution proceeding or any other |
proceeding that involves custody or visitation issues, |
requesting visitation in accordance with this Section. A |
petition for visitation with a child by a person other than a |
parent must be filed in the county in which the child resides. |
Nothing in this subsection (a-3) and subsection (a-5) of this |
Section shall apply to a child in whose interests a petition is |
pending under Section 2-13 of the Juvenile Court Act of 1987 or |
a petition to adopt an unrelated child is pending under the |
Adoption Act. |
(a-5)(1) Except as otherwise provided in this subsection |
(a-5), any grandparent, great-grandparent, or sibling may file |
a
petition for
visitation rights to a minor child if there is |
an unreasonable denial of visitation by a parent and at least |
one
of the
following conditions exists: |
(A) (Blank); |
(A-5) the child's other parent is deceased or has been |
missing for at least 3 months. For the purposes of this |
Section a parent is considered to be missing if the |
parent's location has not been determined and the parent |
|
has been reported as missing to a law enforcement agency;
|
(A-10) a parent of the child is incompetent as a matter |
of law;
|
(A-15) a parent has been incarcerated in jail or prison |
during the 3 month period preceding the filing of the |
petition;
|
(B) the child's mother and father are divorced or have |
been legally separated from
each other or there is pending |
a dissolution proceeding involving a parent of the child or |
another court proceeding involving custody or visitation |
of the child (other than any adoption proceeding of an |
unrelated child) and at least one parent does not object to |
the grandparent, great-grandparent, or sibling having |
visitation with the child. The visitation of the |
grandparent, great-grandparent, or sibling must not |
diminish the visitation of the parent who is not related to |
the grandparent, great-grandparent, or sibling seeking |
visitation; |
(C) (Blank); |
(D) the child is born out of wedlock, the parents are |
not living together, and the petitioner is a maternal |
grandparent, great-grandparent, or sibling of the child |
born out of wedlock; or |
(E) the child is born out of wedlock, the parents are |
not living together, the petitioner is a paternal |
grandparent, great-grandparent, or sibling, and the |
|
paternity has been established by a court of competent |
jurisdiction. |
(2) Any visitation rights granted pursuant to this Section |
before the filing of a petition for adoption of a child shall |
automatically terminate by operation of law upon the entry of |
an order terminating parental rights or granting the adoption |
of the child, whichever is earlier. If the person or persons |
who adopted the child are related to the child, as defined by |
Section 1 of the Adoption Act, any person who was related to |
the child as grandparent, great-grandparent, or sibling prior |
to the adoption shall have standing to bring an action pursuant |
to this Section requesting visitation with the child.
|
(3) In making a determination under this subsection (a-5), |
there is a
rebuttable
presumption that a fit parent's actions |
and decisions regarding grandparent,
great-grandparent, or |
sibling visitation are not harmful to the child's mental, |
physical, or emotional health. The
burden is on the
party |
filing a petition under this Section to prove that the
parent's |
actions and
decisions regarding visitation times are harmful to |
the child's mental, physical, or emotional health. |
(4) In determining whether to grant visitation, the court |
shall consider the following:
|
(A) the preference of the child if the child is |
determined to be of sufficient maturity to express a |
preference; |
(B) the mental and physical health of the child; |
|
(C) the mental and physical health of the grandparent, |
great-grandparent, or sibling; |
(D) the length and quality of the prior relationship |
between the child and the grandparent, great-grandparent, |
or sibling;
|
(E) the good faith of the party in filing the petition;
|
(F) the good faith of the person denying visitation; |
(G) the quantity of the visitation time requested and |
the potential adverse impact that visitation would have on |
the child's customary activities; |
(H) whether the child resided with the petitioner for |
at least
6 consecutive months with or without the current |
custodian present; |
(I) whether the petitioner had frequent or regular |
contact or visitation with the child for at least 12 |
consecutive months;
|
(J) any other fact that establishes that the loss of |
the relationship between the petitioner and the child is |
likely to harm the child's mental, physical, or emotional |
health; and |
(K) whether the grandparent, great-grandparent, or |
sibling was a primary caretaker of the child for a period |
of not less than 6 consecutive months.
|
(5) The court may order visitation rights for the |
grandparent, great-grandparent, or sibling that include |
reasonable access without requiring overnight or possessory |
|
visitation.
|
(a-7)(1) Unless by stipulation of the parties, no motion to |
modify a grandparent, great-grandparent, or sibling visitation |
order may be made earlier than 2 years after the date the order |
was filed, unless the court permits it to be made on the basis |
of affidavits that there is reason to believe the child's |
present environment may endanger seriously the child's mental, |
physical, or emotional health. |
(2) The court shall not modify an order that grants |
visitation to a grandparent, great-grandparent, or sibling |
unless it finds by clear and convincing evidence, upon the |
basis of facts that have arisen since the prior visitation |
order or that were unknown to the court at the time of entry of |
the prior visitation, that a change has occurred in the |
circumstances of the child or his or her custodian, and that |
the modification is necessary to protect the mental, physical, |
or emotional health of the child. The court shall state in its |
decision specific findings of fact in support of its |
modification or termination of the grandparent, |
great-grandparent, or sibling visitation. A child's parent may |
always petition to modify visitation upon changed |
circumstances when necessary to promote the child's best |
interest. |
(3) Attorney fees and costs shall be assessed against a |
party seeking modification of the visitation order if the court |
finds that the modification action is vexatious and constitutes |
|
harassment. |
(4) Notice under this subsection (a-7) shall be given as |
provided in subsections (c) and (d) of Section 601.
|
(b) (1) (Blank.)
|
(1.5) The Court may grant reasonable visitation privileges |
to a stepparent
upon petition to the court by the stepparent, |
with notice to the parties
required to be notified under |
Section 601 of this Act, if the court determines
that it is in |
the best interests and welfare of the child, and may issue any
|
necessary orders to enforce those visitation privileges.
A |
petition for visitation privileges may be filed under this |
paragraph (1.5)
whether or not a petition pursuant to this Act |
has been previously filed or is
currently pending if the |
following
circumstances are met:
|
(A) the child is at least 12 years old;
|
(B) the child resided continuously with the parent and |
stepparent for at
least 5 years;
|
(C) the parent is deceased or is a person with a |
disability disabled and is unable to care for the
child;
|
(D) the child wishes to have reasonable visitation with |
the stepparent;
and
|
(E) the stepparent was providing for the care, control, |
and welfare to the
child prior to the initiation of the |
petition for visitation.
|
(2)(A) A petition for visitation privileges shall not be |
filed pursuant
to this subsection (b) by the parents or |
|
grandparents of a putative father
if the paternity of the |
putative father has not been legally established.
|
(B) A petition for visitation privileges may not be filed |
under
this subsection (b) if the child who is the subject of |
the
grandparents' or great-grandparents' petition has been |
voluntarily
surrendered by the parent or parents, except for a |
surrender to the
Illinois Department of Children and Family |
Services or a foster care
facility, or has been previously |
adopted by an individual or individuals
who are not related to |
the biological parents of the child or is the
subject of a |
pending adoption petition by an individual or individuals who
|
are not related to the biological parents of the child.
|
(3) (Blank).
|
(c) The court may modify an order granting or denying |
visitation
rights of a parent whenever modification would serve |
the best interest of
the child;
but the court shall not |
restrict a parent's visitation rights unless it
finds that the |
visitation would endanger seriously the child's physical,
|
mental, moral or emotional health.
|
(d) If any court has entered an order prohibiting a |
non-custodial parent
of a child from any contact with a child
|
or restricting the non-custodial parent's contact with the |
child, the
following provisions shall apply:
|
(1) If an order has been entered granting visitation |
privileges with the
child to a grandparent or |
great-grandparent who is related to the child through
the |
|
non-custodial parent, the visitation privileges of the |
grandparent or
great-grandparent may be revoked if:
|
(i) a court has entered an order prohibiting the |
non-custodial parent
from any contact with the child, |
and the grandparent or great-grandparent is
found to |
have used his or her visitation privileges to |
facilitate contact
between the child and the |
non-custodial parent; or
|
(ii) a court has entered an order restricting the |
non-custodial parent's
contact with the child, and the |
grandparent or great-grandparent is found to
have used |
his or her visitation privileges to facilitate contact
|
between the child and the non-custodial parent in a |
manner that violates the
terms of the order restricting |
the non-custodial parent's contact with the
child.
|
Nothing in this subdivision (1) limits the authority of |
the court to
enforce its orders in any manner permitted by |
law.
|
(2) Any order granting visitation privileges with the |
child to a
grandparent or great-grandparent who is related |
to the child through the
non-custodial parent shall contain |
the following provision:
|
"If the (grandparent or great-grandparent, whichever |
is applicable) who has
been granted visitation privileges |
under this order uses the visitation
privileges to |
facilitate contact between the child and the child's
|
|
non-custodial parent, the visitation privileges granted |
under this order shall
be permanently revoked."
|
(e) No parent, not granted custody of the child, or |
grandparent, or
great-grandparent, or stepparent, or sibling |
of any minor child, convicted
of any offense
involving an |
illegal sex act perpetrated upon a victim less than 18 years of
|
age including but not limited to offenses for violations of |
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, |
or Article 12 of the
Criminal Code of 1961 or the Criminal Code |
of 2012, is entitled to visitation rights while incarcerated
or |
while on parole, probation, conditional discharge, periodic
|
imprisonment, or
mandatory supervised release for that |
offense, and upon discharge from
incarceration for a |
misdemeanor offense or upon discharge from parole,
probation, |
conditional discharge, periodic imprisonment,
or mandatory |
supervised release for a felony offense, visitation shall be
|
denied until the person successfully completes a treatment |
program approved
by the court.
|
(f) Unless the court determines, after considering all |
relevant factors,
including but not limited to those set forth |
in Section 602(a), that it would
be in the best interests of |
the child to allow visitation, the court shall not
enter an |
order providing visitation rights and pursuant to a motion to |
modify
visitation shall revoke visitation rights previously |
granted to any
person who would otherwise be entitled to |
petition for visitation rights under
this Section who has been |
|
convicted of first degree murder of the parent,
grandparent, |
great-grandparent, or sibling of the child who is the subject |
of
the order. Until an order is entered pursuant to this |
subsection, no person
shall visit, with
the child present, a |
person who has been convicted of first degree murder of
the |
parent, grandparent, great-grandparent, or sibling of the |
child
without the consent of the child's parent, other than a |
parent convicted of
first degree murder as set forth herein, or |
legal
guardian.
|
(g) (Blank).
|
(h) Upon motion, the court may allow a parent who is |
deployed or who has orders to be deployed as a member of the |
United States Armed Forces to designate a person known to the |
child to exercise reasonable substitute visitation on behalf of |
the deployed parent, if the court determines that substitute |
visitation is in the best interest of the child. In determining |
whether substitute visitation is in the best interest of the |
child, the court shall consider all of the relevant factors |
listed in subsection (a) of Section 602 and apply those factors |
to the person designated as a substitute for the deployed |
parent for visitation purposes. |
(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12; |
97-1150, eff. 1-25-13 .)
|
Section 945. The Adoption Act is amended by changing |
Section 12 as follows:
|
|
(750 ILCS 50/12) (from Ch. 40, par. 1514)
|
Sec. 12. Consent of child or adult.
If, upon the date of |
the entry of the judgment the person sought to be
adopted is of |
the age of 14 years or upwards, the adoption shall not be
made |
without the consent of such person. Such consent shall be in |
writing
and shall be acknowledged by such person as provided in |
Section 10 of this
Act, provided, that if such person is in |
need of mental treatment or is a person with an intellectual |
disability intellectually disabled , the court may waive the |
provisions of this Section.
No consent shall be required under |
this Section if the person sought to
be adopted has died before |
giving such consent.
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
Section 950. The Address Confidentiality for Victims of |
Domestic Violence Act is amended by changing Section 15 as |
follows:
|
(750 ILCS 61/15)
|
Sec. 15.
Address confidentiality
program; application; |
certification.
|
(a) An adult person, a parent or guardian acting on behalf |
of a
minor, or a guardian acting on behalf of a person with a |
disability disabled person , as
defined in Article 11a of the |
Probate Act of 1975, may apply to the Attorney
General to have |
|
an
address designated by the Attorney General serve as the |
person's address
or the address of the minor or person with a |
disability disabled person . The Attorney General
shall approve |
an application if it is filed in the manner and on the form
|
prescribed by him or her and if it contains:
|
(1) a sworn statement by the applicant that the |
applicant has good
reason to believe (i) that the |
applicant, or the minor or person with a disability |
disabled
person on whose behalf the application is made, is |
a victim of domestic
violence; and (ii) that the applicant |
fears for his or her safety or his or
her children's |
safety, or the safety of the minor or person with a |
disability disabled person
on whose behalf the application |
is made;
|
(2) a designation of the Attorney General as agent for |
purposes of
service of process and receipt of mail;
|
(3) the mailing address where the applicant can be |
contacted by the
Attorney General, and the phone number or |
numbers where the applicant
can be called by the Attorney |
General;
|
(4) the new address or addresses that the applicant |
requests not be
disclosed for the reason that disclosure |
will increase the risk of domestic
violence; and
|
(5) the signature of the applicant and of any |
individual or
representative of any office designated in |
writing under Section 40 of this Act
who
assisted in the |
|
preparation of the application, and the date on which the
|
applicant signed the application.
|
(b) Applications shall be filed with the office of the |
Attorney General.
|
(c) Upon filing a properly completed application, the |
Attorney General shall
certify the applicant as a program |
participant. Applicants
shall be certified for 4 years |
following the date of filing unless the
certification is |
withdrawn or invalidated before that date. The Attorney
General |
shall by rule establish a renewal procedure.
|
(d) A person who falsely attests in an application that |
disclosure
of the applicant's address would endanger the |
applicant's safety or the
safety of the applicant's children or |
the minor or incapacitated person on
whose behalf the |
application is made, or who knowingly provides false or
|
incorrect information upon making an application, is guilty of |
a Class 3
felony.
|
(Source: P.A. 91-494, eff. 1-1-00.)
|
Section 955. The Parental Notice of Abortion Act of 1995 is |
amended by changing Section 10 as follows:
|
(750 ILCS 70/10)
|
Sec. 10. Definitions. As used in this Act:
|
"Abortion" means the use of any instrument, medicine, drug, |
or any other
substance or device to terminate the pregnancy of |
|
a woman known to be pregnant
with an intention other than to |
increase the probability of a live birth, to
preserve the life |
or health of a child after live birth, or to remove a dead
|
fetus.
|
"Actual notice" means the giving of notice directly, in |
person, or by
telephone.
|
"Adult family member" means a person over 21 years of age |
who is the parent,
grandparent, step-parent living in the |
household, or legal guardian.
|
"Constructive notice" means notice by certified mail to the |
last known
address of the person entitled to notice with |
delivery deemed to have occurred
48 hours after the certified |
notice is mailed.
|
"Incompetent" means any person who has been adjudged as |
mentally ill or
as a person with a developmental disability |
developmentally disabled and who, because of her mental illness |
or
developmental disability, is not fully able to manage her |
person and for whom a
guardian of the person has been appointed |
under Section 11a-3(a)(1) of the
Probate Act of 1975.
|
"Medical emergency" means a condition that, on the basis of |
the
physician's good faith clinical judgment, so complicates |
the medical condition
of a pregnant woman as to necessitate the |
immediate abortion of her pregnancy
to avert her death or for |
which a delay will create serious risk of
substantial and |
irreversible impairment of major bodily function.
|
"Minor" means any person under 18 years of age who is not |
|
or has not been
married or who has not been emancipated under |
the Emancipation of
Minors Act.
|
"Neglect" means the failure of an adult family member to |
supply a child with
necessary food, clothing, shelter, or |
medical care when reasonably able to do
so or the failure to |
protect a child from conditions or actions that imminently
and |
seriously endanger the child's physical or mental health when |
reasonably
able to do so.
|
"Physical abuse" means any physical injury intentionally |
inflicted by an
adult family member on a child.
|
"Physician" means any person licensed to practice medicine |
in all its
branches under the Illinois Medical Practice Act of |
1987.
|
"Sexual abuse" means any sexual conduct or sexual |
penetration as defined in
Section 11-0.1 of the Criminal Code |
of 2012 that is prohibited by the criminal
laws of the State of |
Illinois and committed against a minor by an adult family
|
member as defined in this Act.
|
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
Section 960. The Probate Act of 1975 is amended by changing |
Sections 1-2.17, 1-2.23, 1-2.24, 2-6.2, 2-6.6, 6-2, 6-6, 6-10, |
6-12, 6-13, 6-20, 9-1, 9-3, 9-4, 9-5, 9-6, 9-8, and 11-3 and |
the heading of Article XIa and Sections 11a-1, 11a-2, 11a-3, |
11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-6, 11a-8, 11a-8.1, 11a-10, |
11a-10.2, 11a-11, 11a-12, 11a-13, 11a-16, 11a-17, 11a-18, |
|
11a-18.1, 11a-18.2, 11a-18.3, 11a-20, 11a-22, 11a-24, 12-2, |
12-4, 13-2, 13-3.1, 13-5, 18-1.1, 18-8, 23-2, 26-3, 28-2, 28-3, |
and 28-10 as follows:
|
(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)
|
Sec. 1-2.17. "Ward" includes a minor or a person with a |
disability and disabled person . |
(Source: P.A. 81-213.)
|
(755 ILCS 5/1-2.23)
|
Sec. 1-2.23. "Standby guardian" means: (i) a guardian of |
the person or
estate, or both, of a minor, as appointed by the |
court under Section 11-5.3, to
become effective at a later date |
under Section 11-13.1 or (ii) a guardian of
the person or |
estate, or both, of a person with a disability disabled person , |
as appointed by the court
under Section 11a-3.1, to become |
effective at a later date under Section
11a-18.2.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/1-2.24)
|
Sec. 1-2.24.
"Short-term guardian" means a guardian of the |
person of a minor
as appointed by a parent of the minor under |
Section 11-5.4 or a guardian of
the person of a person with a |
disability disabled person as appointed by the guardian of the |
person with a disability disabled
person under Section 11a-3.2.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
|
(755 ILCS 5/2-6.2)
|
Sec. 2-6.2. Financial exploitation, abuse, or neglect of an |
elderly person
or a person with a disability. |
(a) In this Section:
|
"Abuse" means any offense described in Section 12-21 or |
subsection (b) of Section 12-4.4a of the Criminal Code of
1961 |
or the Criminal Code of 2012.
|
"Financial exploitation" means any offense or act |
described or defined in Section 16-1.3 or 17-56 of the
Criminal |
Code of 1961 or the Criminal Code of 2012, and, in the context |
of civil proceedings, the taking, use, or other |
misappropriation of the assets or resources of an elderly |
person or a person with a disability contrary to law, |
including, but not limited to, misappropriation of assets or |
resources by undue influence, breach of a fiduciary |
relationship, fraud, deception, extortion, and conversion.
|
"Neglect" means any offense described in Section 12-19 or |
subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 |
or the Criminal Code of 2012.
|
(b) Persons convicted of financial exploitation,
abuse, or |
neglect of an elderly person or a person with a disability or |
persons who have been found by a preponderance of the evidence |
to be civilly liable for financial exploitation shall not
|
receive
any property, benefit, or other interest by reason of |
the
death of that elderly person or person with a disability, |
|
whether as heir,
legatee,
beneficiary, survivor, appointee, |
claimant under Section 18-1.1, or in any other capacity
and |
whether the property, benefit, or other interest passes
|
pursuant to any form of title registration, testamentary or
|
nontestamentary instrument, intestacy, renunciation, or any
|
other circumstance. Except as provided in subsection (f) of |
this Section, the property, benefit, or other
interest shall |
pass as if the person convicted of the
financial exploitation, |
abuse, or neglect or person found civilly liable for financial |
exploitation died before the
decedent, provided that with |
respect to joint tenancy
property the interest possessed prior |
to the death by the
person convicted of the financial |
exploitation, abuse, or
neglect shall not be
diminished by the |
application of this Section. Notwithstanding the
foregoing, a |
person convicted of financial exploitation, abuse, or neglect |
of
an elderly person or a person with a disability or a person |
who has been found by a preponderance of the evidence to be |
civilly liable for financial exploitation shall be entitled to |
receive
property, a benefit, or an
interest in any capacity and |
under any circumstances described in this
subsection (b) if it |
is demonstrated by clear and convincing evidence that the
|
victim of that offense knew of the conviction or finding of |
civil liability and subsequent to the
conviction or finding of |
civil liability expressed or ratified his or her intent to |
transfer the property,
benefit, or interest to the person |
convicted of financial exploitation, abuse,
or
neglect of an |
|
elderly person or a person with a disability or the person |
found by a preponderance of the evidence to be civilly liable |
for financial exploitation in any manner
contemplated by this |
subsection
(b).
|
(c)(1) The holder of any property subject to the
provisions |
of this Section shall not be liable for
distributing or |
releasing the property to the person
convicted of financial |
exploitation, abuse, or neglect of
an elderly person or a |
person with a disability or the person who has been found by a |
preponderance of the evidence to be civilly liable for |
financial exploitation if the distribution or release
occurs
|
prior to the conviction or finding of civil liability.
|
(2) If the holder is a financial institution, trust |
company, trustee, or
similar entity or person, the holder shall |
not be liable for any distribution
or
release of the property, |
benefit, or other interest to the person convicted of
a
|
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 or the Criminal Code of 2012 or the person who has been |
found by a preponderance of the evidence to be civilly liable |
for financial exploitation
unless the holder knowingly |
distributes or releases the property, benefit, or
other |
interest to the person so convicted or found civilly liable |
after first having received actual
written notice of the |
conviction in sufficient time to act upon the notice.
|
(d) If the holder of any property subject to the
provisions |
|
of this Section knows that a potential beneficiary has been
|
convicted of financial
exploitation, abuse, or neglect of an |
elderly person or a person with a
disability or has been found |
by a preponderance of the evidence to be civilly liable for |
financial exploitation within
the scope of this Section, the |
holder shall fully cooperate
with law enforcement authorities |
and judicial officers in
connection with any investigation of |
the financial
exploitation, abuse, or neglect. If the holder is |
a person or entity that is
subject to regulation by a |
regulatory agency pursuant to the laws of this or
any other |
state or pursuant to the laws of the United States, including |
but not
limited to the business of a financial institution, |
corporate fiduciary, or
insurance company, then such person or |
entity shall not be deemed to be in
violation of this Section |
to the extent that privacy laws and regulations
applicable to |
such person or entity prevent it from voluntarily providing law
|
enforcement authorities or judicial officers with information.
|
(e) A civil action against a person for financial |
exploitation may be brought by an interested person, pursuant |
to this Section, after the death of the victim or during the |
lifetime of the victim if the victim is adjudicated a person |
with a disability disabled . A guardian is under no duty to |
bring a civil action under this subsection during the ward's |
lifetime, but may do so if the guardian believes it is in the |
best interests of the ward. |
(f) The court may, in its discretion, consider such facts |
|
and circumstances as it deems appropriate to allow the person |
found civilly liable for financial exploitation to receive a |
reduction in interest or benefit rather than no interest or |
benefit as stated under subsection (b) of this Section. |
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; |
98-833, eff. 8-1-14.)
|
(755 ILCS 5/2-6.6)
|
Sec. 2-6.6. Person convicted of or found civilly liable for |
certain offenses against the elderly or
a person with a |
disability. |
(a) A person who is convicted of a violation of Section |
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of |
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal |
Code of 2012 or a person who has been found by a preponderance |
of the evidence to be civilly liable for financial |
exploitation, as defined in subsection (a) of Section 2-6.2 of |
this Act, may not receive any property, benefit, or
other |
interest by reason of the death of the victim of that offense, |
whether as
heir, legatee, beneficiary, joint tenant, tenant by |
the entirety, survivor,
appointee, or in any other capacity and |
whether the property, benefit, or other
interest passes |
pursuant to any form of title registration, testamentary or
|
nontestamentary instrument, intestacy, renunciation, or any |
other circumstance. Except as provided in subsection (f) of |
this Section, the property, benefit, or other interest shall |
|
pass as if the person convicted
of a violation of Section |
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of |
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal |
Code of 2012 or the person found by a preponderance of the |
evidence to be civilly liable for financial exploitation, as |
defined in subsection (a) of Section 2-6.2 of this Act,
died |
before the decedent; provided that with respect to joint |
tenancy property
or property held in tenancy by the entirety, |
the interest possessed prior to
the death by the person |
convicted or found civilly liable may not
be diminished by the |
application of this Section. Notwithstanding the
foregoing, a |
person convicted of a violation of Section 12-19, 12-21, |
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
|
of the Criminal Code of 1961 or the Criminal Code of 2012 or a |
person who has been found by a preponderance of the evidence to |
be civilly liable for financial exploitation, as defined in |
subsection (a) of Section 2-6.2 of this Act, shall be entitled |
to receive property, a
benefit, or an interest in any capacity |
and under any circumstances described
in this Section if it is |
demonstrated by clear and convincing evidence that the
victim |
of that offense knew of the conviction or finding of civil |
liability and subsequent to the
conviction or finding of civil |
liability expressed or ratified his or her intent to transfer |
the property,
benefit, or interest to the person convicted of a |
violation of Section 12-19,
12-21, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
|
of 1961 or the Criminal Code of 2012 or the person found by a |
preponderance of the evidence to be civilly liable for |
financial exploitation, as defined in subsection (a) of Section |
2-6.2 of this Act, in any manner contemplated
by this Section.
|
(b) The holder of any property subject to the provisions of |
this Section
is not liable for distributing or releasing the |
property to the person
convicted of violating Section 12-19, |
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section |
12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of |
2012 or to the person found by a preponderance of the evidence |
to be civilly liable for financial exploitation as defined in |
subsection (a) of Section 2-6.2 of this Act.
|
(c) If the holder is a financial institution, trust |
company, trustee, or
similar entity or person, the holder shall |
not be liable for any distribution
or
release of the property, |
benefit, or other interest to the person convicted of
a |
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 or the Criminal Code of 2012 or person found by a |
preponderance of the evidence to be civilly liable for |
financial exploitation, as defined in subsection (a) of Section |
2-6.2 of this Act,
unless the holder knowingly distributes or |
releases the property, benefit, or
other interest to the person |
so convicted or found civilly liable after first having |
received actual
written notice of the conviction or finding of |
civil liability in sufficient time to act upon the notice.
|
|
(d) The Department of State Police shall have access to |
State of Illinois
databases containing information that may |
help in the identification or
location of persons convicted of |
or found civilly liable for the offenses enumerated in this |
Section.
Interagency agreements shall be implemented, |
consistent with security and
procedures established by the |
State agency and consistent with the laws
governing the |
confidentiality of the information in the databases. |
Information
shall be used only for administration of this |
Section.
|
(e) A civil action against a person for financial |
exploitation, as defined in subsection (a) of Section 2-6.2 of |
this Act, may be brought by an interested person, pursuant to |
this Section, after the death of the victim or during the |
lifetime of the victim if the victim is adjudicated a person |
with a disability disabled . A guardian is under no duty to |
bring a civil action under this subsection during the ward's |
lifetime, but may do so if the guardian believes it is in the |
best interests of the ward. |
(f) The court may, in its discretion, consider such facts |
and circumstances as it deems appropriate to allow the person |
convicted or found civilly liable for financial exploitation, |
as defined in subsection (a) of Section 2-6.2 of this Act, to |
receive a reduction in interest or benefit rather than no |
interest or benefit as stated under subsection (a) of this |
Section. |
|
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; |
98-833, eff. 8-1-14.)
|
(755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2)
|
Sec. 6-2.
Petition to admit will or to issue letters.) |
Anyone
desiring to have a will admitted to probate must file a |
petition
therefor in the court of the proper county. The |
petition must state, if
known: (a) the name and place of |
residence of the testator at the time
of his death; (b) the |
date and place of death; (c) the date of the will
and the fact |
that petitioner believes the will to be the valid last will
of |
the testator; (d) the approximate value of the testator's real |
and
personal estate in this State; (e) the names and post |
office addresses
of all heirs and legatees of the testator and |
whether any of them is a
minor or a person with a disability |
disabled person ; (f) the name and post office address of the
|
executor; and (g) unless supervised administration is |
requested, the
name and address of any personal
fiduciary |
acting or designated to act pursuant to Section 28-3. When
the |
will creates or adds to a trust and the petition states the |
name and
address of the trustee, the petition need not state |
the name and address
of any beneficiary of the trust who is not |
an heir or legatee. If
letters of administration with the will |
annexed are sought, the petition
must also state, if known: (a) |
the reason for the issuance of the
letters, (b) facts showing |
the right of the petitioner to act as, or to
nominate, the |
|
administrator with the will annexed, (c) the name and post
|
office address of the person nominated and of each person |
entitled
either to administer or to nominate a person to |
administer equally with
or in preference to the petitioner and |
(d) if the will has been
previously admitted to probate, the |
date of admission. If a petition for
letters of administration |
with the will annexed states that there are one
or more persons |
entitled either to administer or to nominate a person to
|
administer equally with or in preference to the petitioner, the |
petitioner
must mail a copy of the petition to each such person |
as provided in Section
9-5 and file proof of mailing with the |
clerk of the court.
|
(Source: P.A. 84-555; 84-690.)
|
(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6)
|
Sec. 6-6.
Proof of handwriting of a deceased , disabled or |
inaccessible witness or a witness with a disability .)
(a) If a |
witness to a will (1) is dead, (2) is blind, (3) is mentally or
|
physically incapable of testifying, (4) cannot be found, (5) is |
in active
service of the armed forces of the United States or |
(6) is outside this
State, the court may admit proof of the |
handwriting of the witness and such
other secondary evidence as |
is admissible in any court of record to establish
written |
contracts and may admit the will to probate as though it had |
been
proved by the testimony of the witness. On motion of any |
interested person
or on its own motion, the court may require |
|
that the deposition of any such
witness, who can be found, is |
mentally and physically capable of testifying
and is not in the |
active service of the armed forces of the United States
outside |
of the continental United States, be taken as the best evidence |
thereof.
|
(b) As used in this Section, "continental United States" |
means the States
of the United States and the District of |
Columbia.
|
(Source: P.A. 81-213.)
|
(755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10)
|
Sec. 6-10.
Notice - waiver.) (a) Not more than 14 days |
after entry of an
order admitting or denying admission of a |
will to probate or appointing
a representative, the |
representative or, if none, the petitioner must
mail a copy of |
the petition to admit the will
or for letters and a copy of the |
order showing the date of entry to each
of the testator's heirs |
and legatees whose names and post office addresses
are stated |
in the petition. If the name or post office address of any heir
|
or legatee is not stated in the petition, the representative |
or, if none,
the petitioner must publish a notice once a week
|
for 3 successive weeks, the first publication to be not more |
than 14 days
after entry of the order, describing the order and |
the date of entry. The
notice shall be published in a newspaper |
published in the county where the
order was entered and may be |
combined with a notice under Section 18-3.
When the petition |
|
names a trustee of a trust, it is not necessary to publish
for |
or mail copies of the petition and order to any beneficiary of |
the trust
who is not an heir or legatee. The information mailed |
or published under
this Section must include an explanation, in |
form prescribed by rule of
the Supreme Court of this State, of |
the rights of heirs and legatees to
require formal proof of |
will under Section 6-21 and to contest the admission
or denial |
of admission of the will to probate under Section 8-1 or 8-2.
|
The petitioner or representative must file proof of mailing and |
publication,
if publication is required, with the clerk of the |
court.
|
(b) A copy of the petition and of the order need not be |
sent to and notice
need not be published for any person who is |
not designated in the petition
as a minor or person with a |
disability disabled person and who personally appeared before |
the court
at the hearing or who filed his waiver of notice.
|
(Source: P.A. 81-1453.)
|
(755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12)
|
Sec. 6-12.
Appointment of guardian ad litem.) When an heir |
or legatee
of a testator is a minor or person with a disability |
disabled person who is entitled to notice under
Section 6-10 at |
the time an order is entered admitting or denying
admission of |
a will to probate or who is entitled to notice under Section
|
6-20 or 6-21 of the hearing on the petition to admit the will, |
the court
may appoint a guardian ad litem to protect the |
|
interests of the ward with
respect to the admission or denial, |
or to represent the ward at the hearing,
if the court finds |
that (a) the interests of the ward are not adequately
|
represented by a personal fiduciary acting or designated to act |
pursuant
to Section 28-3 or by another party having a |
substantially identical interest
in the proceedings and the |
ward is not represented by a guardian of his
estate and (b) the |
appointment of
a guardian ad litem is necessary to protect the |
ward's interests.
|
(Source: P.A. 81-213.)
|
(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
|
Sec. 6-13.
Who may act as executor.) (a) A person who has |
attained
the age of 18 years and is a resident of the United |
States, is not of
unsound mind, is not an adjudged person with |
a disability disabled person as defined in this Act
and has not |
been convicted of a felony, is qualified to act as executor.
|
(b) If a person named as executor in a will is not |
qualified to act
at the time of admission of the will to |
probate but thereafter becomes
qualified and files a petition |
for the issuance of letters, takes oath
and gives bond as |
executor, the court may issue letters testamentary to
him as |
co-executor with the executor who has qualified or if no |
executor
has qualified the court may issue letters testamentary |
to him and revoke
the letters of administration with the will |
annexed.
|
|
The court may in its discretion require a nonresident |
executor to furnish
a bond in such amount and with such surety |
as the court determines
notwithstanding any contrary provision |
of the will.
|
(Source: P.A. 85-692.)
|
(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20)
|
Sec. 6-20.
Petition to admit will to probate on presumption |
of death
of testator - notice.) (a) Anyone desiring to have a |
will admitted to
probate on the presumption of death of the |
testator must file a petition
therefor in the court of the |
proper county. The petition must state, in
addition to the |
information required by Section 6-2 (other than clauses
(a) and |
(b)), the facts and circumstances raising the presumption, the
|
name and last known post office address of the testator and, if |
known,
the name and post office address of each person in |
possession or control
of any property of the testator.
|
(b) Not less than 30 days before the hearing on the |
petition the
petitioner must (1) mail a copy
of the petition to |
the testator
at his last known address, to each of the |
testator's heirs and legatees
whose names and post office |
addresses are stated in the petition and to
each person shown |
by the petition to be in possession or control of any
property |
of the testator, and (2) publish a notice of the hearing on the
|
petition once a week for 3 successive weeks, the first |
publication to be
not less than 30 days before the hearing. The |
|
notice must state the time
and place of the hearing, the name |
of the testator and, when known, the
names of the heirs and |
legatees. The petitioner shall endorse the time
and place of |
the hearing on each copy
of the petition mailed by him. When |
the petition names a trustee of a trust,
it is not necessary to |
mail a copy of the petition to any beneficiary of
the trust who |
is not an heir or legatee, or to include the name of such
|
beneficiary in the published notice. If any person objects to |
the
admission of the will to probate, the court may require |
that such notice
of the time and place of the hearing as it |
directs be given to any beneficiary
of the trust not previously |
notified. The petitioner must file proof
of mailing and proof |
of publication with the clerk of the court.
|
(c) A copy of the petition need not be sent to any person |
not
designated in the petition as a minor or person with a |
disability disabled person who personally
appears before the |
court at the hearing or who files his waiver of
notice.
|
(d) When a will is admitted to probate on presumption of |
the
testator's death, the notice provided for in Section 6-10 |
is not
required.
|
(Source: P.A. 81-1453.)
|
(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
|
Sec. 9-1. Who may act as administrator. A person who has |
attained
the age of 18 years, is a resident of the United |
States, is not of unsound
mind, is not an adjudged person with |
|
a disability disabled person as defined in this Act and has not
|
been convicted of a felony, is qualified to act as |
administrator.
|
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
|
(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
|
Sec. 9-3. Persons entitled to preference in obtaining |
letters. The following persons are entitled to preference in |
the following order in
obtaining the issuance of letters of |
administration and of administration with
the will annexed:
|
(a) The surviving spouse or any person nominated by the |
surviving spouse.
|
(b) The legatees or any person nominated by them,
with |
preference to legatees who are children.
|
(c) The children or any person nominated by them.
|
(d) The grandchildren or any person nominated by them.
|
(e) The parents or any person nominated by them.
|
(f) The brothers and sisters or any person nominated by |
them.
|
(g) The nearest kindred or any person nominated by them.
|
(h) The representative of the estate of a deceased ward.
|
(i) The Public Administrator.
|
(j) A creditor of the estate.
|
Only a person qualified to act as administrator under this |
Act may
nominate, except that the guardian of the estate, if |
any, otherwise the
guardian of the person, of a person who is |
|
not qualified to act as
administrator solely because of |
minority or legal disability may nominate
on behalf of the |
minor or person with a disability disabled person in accordance |
with the order of
preference set forth in this Section. A |
person who has been removed as
representative under this Act |
loses the right to name a successor.
|
When several persons are claiming and are equally entitled
|
to administer or to nominate an administrator, the court may |
grant letters
to one or more of them or to the nominee of one or |
more of them.
|
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; |
90-655, eff.
7-30-98.)
|
(755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4)
|
Sec. 9-4.
Petition to issue letters.) Anyone desiring to |
have letters of
administration issued on the estate of an |
intestate decedent shall file a
petition therefor in the court |
of the proper county. The petition shall
state, if known: (a) |
the name and place of residence of the decedent at
the time of |
his death; (b) the date and place of death; (c) the
approximate |
value of the decedent's real and personal estate in this
State; |
(d) the names and post office addresses of all heirs
of the |
decedent and whether any of them is a minor or person with a |
disability disabled person and
whether any of them is entitled |
either to administer or to nominate a
person to administer |
equally with or in preference to the petitioner; (e)
the name |
|
and post office
address of the person nominated as |
administrator; (f) the facts showing
the right of the |
petitioner to act as or to nominate the administrator;
(g) when |
letters of administration de bonis non are sought, the reason
|
for the issuance of the letters; and (h) unless supervised |
administration
is requested, the name and address of any
|
personal fiduciary acting or designated to act pursuant to |
Section 28-3.
|
(Source: P.A. 84-555; 84-690.)
|
(755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5)
|
Sec. 9-5.
Notice-Waiver.) (a) Not less than 30 days before |
the hearing
on the petition to issue letters, the petitioner |
shall mail a copy of the
petition, endorsed with the time and |
place of the hearing, to each person
named in the petition |
whose post office address is stated and who is
entitled either |
to administer or to nominate a person to administer equally
|
with or in preference to the petitioner.
|
(b) Not more than 14 days after entry of an order directing |
that
original letters of office issue to an administrator, the |
administrator
shall mail a copy of the petition to issue |
letters and a copy of the order
showing the date of its entry |
to each of the decedent's heirs who was not
entitled to notice |
of the hearing on the petition under subsection (a). If
the |
name or post office address of any heir is not stated in the |
petition,
the administrator shall publish a notice once a week |
|
for 3 successive weeks,
the first publication to be not more |
than 14 days after entry of the
order, describing the order and |
the date of entry. The notice shall be
published in a newspaper |
published in the county where the order was
entered and may be |
combined with a notice under Section 18-3. The
administrator |
shall file proof of mailing and publication, if publication
is |
required, with the clerk of the court.
|
(c) A copy of the petition and of the order need not be |
sent to, nor
notice published for, any person not designated in |
the petition as a minor
or as a person with a disability |
disabled person and who personally appeared before the court at |
the
hearing or who files his waiver of notice.
|
(Source: P.A. 84-555; 84-690.)
|
(755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6)
|
Sec. 9-6.
Petition to issue letters on presumption of death |
of decedent -
notice - waiver.) (a) Anyone desiring to have |
original letters of
administration issued on the presumption of |
death of the decedent shall
file a petition therefor in the |
court of the proper county. The petition
shall state, in |
addition to the information required by clauses (c) through
(h) |
of Section 9-4, the facts and circumstances raising the |
presumption,
the name and last known post office address of the |
decedent and, if known,
the name and post office address of |
each person in possession or control of
any property of the |
decedent.
|
|
(b) Not less than 30 days before the hearing on the |
petition the
petitioner shall (1) mail a copy of the petition |
to the decedent at his
last known address, to each heir whose |
name and post office address are
stated in the petition and to |
each person shown by the
petition to be in possession or |
control of any property of the decedent,
and (2) publish a |
notice of the hearing on the petition once a week for 3
|
successive weeks, the first publication to be not less than 30 |
days before
the hearing. The notice shall be published in a |
newspaper published in the
county where the petition is filed. |
The notice shall state the time and
place of the hearing, the |
name of the decedent and, when known, the names
of the heirs. |
The petitioner shall endorse the time and place of the
hearing |
on each copy of the petition mailed by him. The petitioner |
shall
file a proof of mailing and of publication with the clerk |
of the court.
|
(c) A copy of the petition need not be sent to any person |
not designated
in the petition as a minor or as a person with a |
disability disabled person and who personally
appeared before |
the court at the hearing or who filed his waiver of notice.
|
(Source: P.A. 84-555; 84-690.)
|
(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
|
Sec. 9-8. Distribution on summary administration. Upon the |
filing
of a petition therefor in the court of the proper county |
by any
interested person and after ascertainment of heirship of |
|
the decedent
and admission of the will, if any, to probate, if |
it appears to the
court that:
|
(a) the gross value of the decedent's real and personal |
estate
subject to administration in this State as itemized |
in the petition does
not exceed $100,000;
|
(b) there is no unpaid claim against the estate, or all |
claimants
known to the petitioner, with the amount known by |
him to be due to each
of them, are listed in the petition;
|
(c) no tax will be due to the United States or to this |
State by
reason of the death of the decedent or all such |
taxes have been paid or
provided for or are the obligation |
of another fiduciary;
|
(d) no person is entitled to a surviving spouse's or |
child's award
under this Act, or a surviving spouse's or |
child's award is allowable
under this Act, and the name and |
age of each person entitled to an
award, with the minimum |
award allowable under this Act to the surviving
spouse or |
child, or each of them, and the amount, if any, theretofore
|
paid to the spouse or child on such award, are listed in |
the petition;
|
(e) all heirs and legatees of the decedent have |
consented in writing
to distribution of the estate on |
summary administration (and if an heir
or legatee is a |
minor or person with a disability disabled person , the |
consent may be given on
his behalf by his parent, spouse, |
adult child, person in loco parentis,
guardian or guardian |
|
ad litem);
|
(f) each distributee gives bond in the value of his |
distributive
share, conditioned to refund the due |
proportion of any claim entitled to
be paid from the estate |
distributed, including the claim of any person
having a |
prior right to such distribution, together with expenses of
|
recovery, including reasonable attorneys' fees, with |
surety to be
approved by the court. If at any time after |
payment of a distributive
share it becomes necessary for |
all or any part of the distributive share
to be refunded |
for the payment of any claim entitled to be paid from the
|
estate distributed or to provide for a distribution to any |
person having
a prior right thereto, upon petition of any |
interested person the court
shall order the distributee to |
refund that portion of his distributive
share which is |
necessary for such purposes. If there is more than one
|
distributee, the court shall apportion among the |
distributees the amount
to be refunded according to the |
amount received by each of them, but
specific and general |
legacies need not be refunded unless the residue is
|
insufficient to satisfy the claims entitled to be paid from |
the estate
distributed. If a distributee refuses to refund |
within 60 days after
being ordered by the court to do so |
and upon demand, the refusal is
deemed a breach of the bond |
and a civil action may be maintained by the
claimant or |
person having a prior right to a distribution against the
|
|
distributee and the surety or either of them for the amount |
due together
with the expenses of recovery, including |
reasonable attorneys' fees.
The order of the court is |
evidence of the amount due;
|
(g) the petitioner has published a notice informing all
|
persons of the death of the decedent, of the filing of the |
petition for
distribution of the estate on summary |
administration and of the date,
time and place of the |
hearing on the petition (the notice having been
published |
once a week for 3 successive weeks in a newspaper published |
in
the county where the petition has been filed, the first |
publication
having been made not less than 30 days prior to |
the hearing) and has filed
proof of publication with the |
clerk of the court;
|
the court may determine the rights of claimants and other |
persons
interested in the estate, direct payment of claims and |
distribution of
the estate on summary administration and excuse |
the issuance of letters
of office or revoke the letters which |
have been issued and discharge the
representative.
|
Any claimant may file his claim in the proceeding at or |
before the
hearing on the petition, but failure to do so does |
not deprive the
claimant of his right to enforce his claim in |
any other manner provided
by law.
|
A petition for distribution on summary administration may |
be combined
with or filed separately from a petition for |
probate of a will or for
administration of an estate.
|
|
(Source: P.A. 93-277, eff. 1-1-04.)
|
(755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
|
Sec. 11-3. Who may act as guardian.
|
(a) A person is
qualified to act
as guardian of the person |
and as
guardian of the estate if the court finds that the |
proposed guardian is capable of providing an active and |
suitable program of guardianship for the minor and that the |
proposed guardian: |
(1) has attained the age of 18 years; |
(2) is a resident of the United States; |
(3) is not of unsound mind; |
(4) is not an adjudged person with a disability |
disabled person as defined in this Act; and |
(5) has not been convicted of a felony, unless the |
court finds appointment of the person convicted of a felony |
to be in the minor's best interests, and as part of the |
best interest determination, the court has considered the |
nature of the offense, the date of offense, and the |
evidence of the proposed guardian's rehabilitation. No |
person shall be appointed who has been convicted of a |
felony involving harm or threat to a child, including a |
felony sexual offense. |
One person may be appointed guardian of the
person and another |
person appointed guardian of the estate.
|
(b) The Department of Human Services
or the Department of |
|
Children and Family Services may with the approval
of the court |
designate one of its employees to serve without fees as
|
guardian of the estate of a minor patient in a State mental |
hospital or
a resident in a State institution when the value of |
the personal estate
does not exceed $1,000.
|
(Source: P.A. 94-579, eff. 8-12-05.)
|
(755 ILCS 5/Art. XIa heading) |
ARTICLE XIa
|
GUARDIANS FOR ADULTS WITH DISABILITIES DISABLED ADULTS
|
(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
|
Sec. 11a-1. Developmental disability defined.) |
"Developmental disability"
means a disability which is |
attributable to: (a) an intellectual disability, cerebral
|
palsy, epilepsy or autism; or to (b) any other condition which |
results in
impairment similar to that caused by an intellectual |
disability and which requires
services similar to those |
required by persons with intellectual disabilities |
intellectually disabled persons . Such disability
must |
originate before the age of 18 years, be expected to continue |
indefinitely,
and constitute a substantial disability |
handicap .
|
(Source: P.A. 97-227, eff. 1-1-12.)
|
(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
|
|
Sec. 11a-2. " Person with a disability Disabled person " |
defined.) " Person with a disability Disabled person " means a |
person
18 years or older who (a) because of mental |
deterioration or physical
incapacity is not fully able to |
manage his person or estate, or (b) is a person
with mental |
illness or a person with a developmental disability and who |
because
of his mental illness or developmental disability is |
not fully able to manage
his person or estate, or (c) because |
of gambling, idleness, debauchery or
excessive use of |
intoxicants or drugs, so spends or wastes his estate as to
|
expose himself or his family to want or suffering, or (d) is |
diagnosed with fetal alcohol syndrome or fetal alcohol effects.
|
(Source: P.A. 95-561, eff. 1-1-08.)
|
(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
|
Sec. 11a-3. Adjudication of disability; Power to appoint |
guardian.
|
(a) Upon the filing of a petition by a reputable person or |
by the alleged
person with a disability disabled person himself |
or on its own motion, the court may adjudge a person
to be a |
person with a disability disabled person , but only if it has |
been demonstrated by clear and
convincing evidence that the |
person is a person with a disability disabled person as defined |
in Section
11a-2. If the court adjudges a person to be a person |
with a disability disabled person , the court may appoint (1) a |
guardian of his person, if it has been demonstrated
by clear |
|
and convincing evidence that because of his disability he lacks
|
sufficient understanding or capacity
to make or communicate |
responsible decisions concerning the care of his
person, or (2) |
a guardian of his estate, if it has been demonstrated by clear
|
and convincing evidence that because of his disability he
is |
unable to manage his estate
or financial affairs, or (3) a |
guardian of his person and of his estate.
|
(b) Guardianship shall be utilized only as is necessary to |
promote
the well-being of the person with a disability disabled |
person , to protect him from neglect,
exploitation, or abuse, |
and to encourage development of his maximum
self-reliance and |
independence. Guardianship shall be ordered only to
the extent |
necessitated by the individual's actual mental, physical and
|
adaptive limitations.
|
(Source: P.A. 93-435, eff. 1-1-04.)
|
(755 ILCS 5/11a-3.1)
|
Sec. 11a-3.1. Appointment of standby guardian.
|
(a) The guardian of a person with a disability disabled |
person may designate in any writing,
including a will, a person |
qualified to
act under Section 11a-5 to be appointed as standby |
guardian of the person or
estate, or both, of the person with a |
disability disabled person . The
guardian may designate in any |
writing,
including a will, a person qualified to act under |
Section 11a-5 to be appointed
as successor standby guardian of |
the disabled person's person or estate of the person with a |
|
disability , or
both. The designation must be witnessed by 2 or |
more credible witnesses at
least 18 years of age, neither of |
whom is the person designated as the
standby guardian. The |
designation may be proved by any competent evidence. If
the |
designation is executed and attested in the same manner as a |
will, it shall
have prima facie validity.
Prior to designating |
a proposed standby guardian, the guardian shall consult
with |
the person with a disability disabled person to determine the |
disabled person's preference of the person with a disability as |
to
the person who will serve as standby guardian. The guardian |
shall give due
consideration to the preference of the person |
with a disability disabled person in selecting a standby
|
guardian.
|
(b) Upon the filing of a petition for the appointment of a |
standby guardian,
the court may appoint a standby guardian of |
the person or estate, or both, of
the person with a disability |
disabled person as the court finds to be in the best interest |
of the
person with a disability disabled person .
The court |
shall apply the same standards used in determining the |
suitability
of a plenary or limited guardian in determining the |
suitability of a standby
guardian, giving due consideration to |
the preference of the person with a disability disabled person |
as
to a standby guardian.
The court may not appoint the Office |
of State Guardian, pursuant to
Section 30 of the Guardianship |
and Advocacy Act, or a public guardian, pursuant
to Section |
13-5 of this Act, as a standby guardian, without the written |
|
consent
of the State Guardian or public guardian or an |
authorized representative of the
State Guardian or public |
guardian.
|
(c) The standby guardian shall take and file an oath or |
affirmation that the
standby guardian will faithfully |
discharge the duties of the office of standby
guardian |
according to law, and shall file in and have approved by the |
court a
bond binding the standby guardian so to do, but shall |
not be required to file a
bond until the standby guardian |
assumes all duties as guardian of the person with a disability |
disabled
person under Section 11a-18.2.
|
(d) The designation of a standby guardian may, but need |
not, be in the
following form:
|
DESIGNATION OF STANDBY GUARDIAN
|
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
|
A standby guardian is someone who has been appointed by |
the court as the
person who will act as guardian of the |
person with a disability disabled person when the disabled
|
person's guardian of the person with a disability dies or |
is no longer willing or able to make and
carry out |
day-to-day care decisions concerning the person with a |
disability disabled person . By
properly completing this |
form, a guardian is naming the person that the
guardian |
wants to be appointed as the standby guardian of the person |
with a disability disabled person .
Signing the form does |
not appoint the standby guardian; to be appointed, a
|
|
petition must be filed in and approved by the court.]
|
1. Guardian and Ward. I, (insert name of designating |
guardian),
currently residing at (insert address of |
designating guardian), am the guardian
of the following |
person with a disability disabled person : (insert name of |
ward).
|
2. Standby Guardian. I hereby designate the following |
person to be
appointed as standby guardian for my ward |
listed above: (insert name and
address
of person |
designated).
|
3. Successor Standby Guardian. If the person named in |
item 2 above
cannot or will not act as standby guardian, I |
designate the following person to
be appointed as successor |
standby guardian for my ward: (insert name and
address of |
person designated).
|
4. Date and Signature. This designation is made this |
(insert day) day of
(insert month and year).
|
Signed: (designating guardian)
|
5. Witnesses. I saw the guardian sign this designation |
or the guardian
told
me that the guardian signed this |
designation. Then I signed the designation as
a witness in |
the presence of the guardian. I am not designated in this
|
instrument to
act as a standby guardian for the guardian's |
ward. (insert space for names,
addresses, and signatures of |
2 witnesses)
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
|
(755 ILCS 5/11a-3.2)
|
Sec. 11a-3.2. Short-term guardian.
|
(a) The guardian of a person with a disability disabled |
person
may appoint in writing, without court approval, a |
short-term guardian
of the person with a disability disabled |
person
to take over the guardian's duties, to the extent |
provided in Section
11a-18.3, each time the guardian is |
unavailable or unable to carry out those
duties. The guardian |
shall consult with the person with a disability disabled person |
to determine the
disabled person's preference of the person |
with a disability concerning the person to be appointed as
|
short-term guardian and the guardian shall give due |
consideration to the
disabled person's preference of the person |
with a disability in choosing a short-term guardian.
The |
written instrument appointing a short-term
guardian shall be |
dated and shall identify the appointing guardian, the
person |
with a disability disabled person , the person appointed to be |
the short-term guardian, and the
termination date of the |
appointment. The
written instrument shall be signed by, or at |
the direction of, the appointing
guardian in the presence of at |
least 2 credible witnesses at least 18 years of
age, neither of |
whom is the person appointed as the short-term guardian.
The |
person appointed as the short-term guardian shall also sign the |
written
instrument, but need not sign at the same time as the |
appointing guardian.
A guardian may not appoint the Office of |
|
State Guardian or a public guardian
as a short-term guardian, |
without the written consent of the State Guardian or
public |
guardian or an authorized representative of the State Guardian |
or public
guardian.
|
(b) The appointment of the short-term guardian is effective |
immediately upon
the date the written instrument is executed, |
unless the written instrument
provides for the appointment to |
become effective upon a later specified date or
event. A |
short-term guardian appointed by the guardian shall have |
authority to
act as guardian of the
person with a disability |
disabled person for a cumulative total of 60 days during any 12 |
month period.
Only one written instrument appointing a |
short-term guardian may be in force at
any given time.
|
(c) Every appointment of a short-term guardian may be |
amended or revoked by
the appointing guardian at any time and |
in any manner communicated to the
short-term guardian or to any |
other person. Any person other than the
short-term guardian to |
whom a revocation or amendment is communicated or
delivered |
shall make all reasonable
efforts to inform the short-term |
guardian of that fact as promptly as possible.
|
(d) The appointment of a short-term guardian or successor |
short-term
guardian does not affect the rights in the person |
with a disability disabled person of any guardian
other than |
the
appointing guardian.
|
(e) The written instrument appointing a short-term |
guardian may, but need
not, be in the following form:
|
|
APPOINTMENT OF SHORT-TERM GUARDIAN
|
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
|
By properly completing this form, a guardian is |
appointing a short-term
guardian of the person with a |
disability disabled person for a cumulative total of up to |
60 days during
any 12 month period. A separate form
shall |
be completed each time a short-term guardian takes over |
guardianship
duties. The person or persons appointed as the |
short-term
guardian shall sign the form, but need not do so |
at the same time as the
guardian.]
|
1. Guardian and Ward. I, (insert name of appointing |
guardian),
currently residing at (insert address of |
appointing guardian), am the guardian
of the following |
person with a disability disabled person : (insert name of |
ward).
|
2. Short-term Guardian. I hereby appoint the following |
person as the
short-term guardian for my ward: (insert name |
and address of appointed person).
|
3. Effective date. This appointment becomes effective: |
(check one if you
wish it to be applicable)
|
( ) On the date that I state in writing that I am no |
longer either
willing or able to make and carry out |
day-to-day care decisions concerning
my ward.
|
( ) On the date that a physician familiar with my |
condition certifies
in writing that I am no longer willing |
|
or able to make and carry out day-to-day
care decisions |
concerning my ward.
|
( ) On the date that I am admitted as an in-patient to |
a hospital or
other health care institution.
|
( ) On the following date: (insert date).
|
( ) Other: (insert other).
|
[NOTE: If this item is not completed, the appointment |
is effective
immediately upon the date the form is signed |
and dated below.]
|
4. Termination. This appointment shall terminate
on: |
(enter a date corresponding to 60 days from the current |
date, less the
number of days within the past 12 months |
that any short-term guardian has taken
over guardianship |
duties), unless it terminates sooner as determined by the
|
event or date
I have indicated below: (check one if you |
wish it to be applicable)
|
( ) On the date that I state in writing that I am |
willing and able to
make and carry out day-to-day care |
decisions concerning my ward.
|
( ) On the date that a physician familiar with my |
condition certifies
in writing that I am willing and able |
to make and carry out day-to-day care
decisions concerning |
my ward.
|
( ) On the date that I am discharged from the hospital |
or other
health care institution where I was admitted as an |
in-patient, which
established the effective date.
|
|
( ) On the date which is (state a number of days)
days |
after the effective date.
|
( ) Other: (insert other).
|
[NOTE: If this item is not completed, the appointment |
will be effective
until the 60th day within the past year |
during which time any short-term
guardian of this ward had |
taken over guardianship duties from the guardian,
|
beginning on the effective date.]
|
5. Date and signature of appointing guardian. This |
appointment is made
this (insert day) day of (insert month |
and year).
|
Signed: (appointing guardian)
|
6. Witnesses. I saw the guardian sign this instrument |
or I saw the
guardian direct someone to sign this |
instrument for the guardian. Then I
signed this instrument |
as a witness in the presence of the guardian. I am not
|
appointed in this instrument to act as the short-term |
guardian for the
guardian's ward. (insert space for names, |
addresses, and signatures of 2
witnesses)
|
7. Acceptance of short-term guardian. I accept this |
appointment as
short-term guardian on this (insert day) day |
of (insert month and year).
|
Signed: (short-term guardian)
|
(f) Each time the guardian appoints a short-term guardian, |
the guardian
shall: (i) provide the person with a disability |
disabled person with the name, address, and telephone
number of |
|
the short-term guardian; (ii) advise the person with a |
disability disabled person that he has
the right to object to |
the appointment of the short-term guardian by filing a
petition |
in court; and (iii) notify the person with a disability |
disabled person when the short-term
guardian will be taking |
over guardianship duties and the length of time that
the |
short-term guardian will be acting as guardian.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
|
Sec. 11a-4. Temporary guardian. |
(a) Prior to the appointment of a guardian
under this |
Article, pending an appeal in relation to the
appointment, or
|
pending the
completion of a citation proceeding brought |
pursuant to Section 23-3 of this
Act,
or upon a guardian's |
death, incapacity, or resignation, the court may appoint a |
temporary guardian upon a showing of the necessity
therefor for |
the immediate welfare and protection of the alleged
person with |
a disability disabled person or his or her estate
on such |
notice and subject to such conditions as the court may |
prescribe.
In determining the necessity for temporary |
guardianship, the immediate
welfare and protection of the |
alleged person with a disability disabled person and his or her |
estate
shall be
of paramount concern, and the interests of the |
petitioner, any care provider,
or any other party shall not |
outweigh the interests of the alleged person with a disability |
|
disabled
person .
The temporary guardian shall have all of the |
powers and duties of a guardian
of the person or of the estate |
which are specifically enumerated by court
order. The court |
order shall state the actual harm identified by the court
that |
necessitates temporary guardianship or any extension thereof. |
(b) The temporary guardianship shall
expire within 60 days |
after the
appointment or whenever a guardian is regularly |
appointed, whichever occurs
first. No extension shall be |
granted except:
|
(1) In a case where there has been an adjudication of |
disability, an extension shall be granted: |
(i) pending the disposition on appeal of an |
adjudication of disability; |
(ii) pending the completion of a citation |
proceeding brought pursuant to Section 23-3; |
(iii) pending the appointment of a successor |
guardian in a case where the former guardian has |
resigned, has become incapacitated, or is deceased; or |
(iv) where the guardian's powers have been |
suspended pursuant to a court order. |
(2) In a case where there has not been an adjudication |
of disability, an extension shall be granted pending the |
disposition of a petition brought pursuant to Section 11a-8 |
so long as the court finds it is in the best interest of |
the alleged person with a disability disabled person to |
extend the temporary guardianship so as to protect the |
|
alleged person with a disability disabled person from any |
potential abuse, neglect, self-neglect, exploitation, or |
other harm and such extension lasts no more than 120 days |
from the date the temporary guardian was originally |
appointed. |
The ward shall have the right any time after the |
appointment
of a temporary guardian is made to petition the |
court to revoke the appointment
of the temporary guardian.
|
(Source: P.A. 97-614, eff. 1-1-12.)
|
(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
|
Sec. 11a-5. Who may act as guardian.
|
(a) A person is qualified to act as guardian of the person |
and as guardian of the
estate of a person with a disability |
disabled person if the court finds that the proposed guardian |
is capable of providing an active and suitable program of |
guardianship for the person with a disability disabled person |
and that the proposed guardian: |
(1) has attained the age of 18 years; |
(2) is a resident of the United States; |
(3) is not of unsound mind; |
(4) is not an adjudged person with a disability |
disabled person as defined in this Act; and |
(5) has not been convicted of a felony, unless the |
court finds appointment of the person convicted of a felony |
to be in the disabled person's best interests of the person |
|
with a disability , and as part of the best interest |
determination, the court has considered the nature of the |
offense, the date of offense, and the evidence of the |
proposed guardian's rehabilitation. No person shall be |
appointed who has been convicted of a felony involving harm |
or threat to a minor or an elderly person or a person with |
a disability or disabled person , including a felony sexual |
offense.
|
(b) Any public agency, or not-for-profit corporation found |
capable by
the court of providing an active and suitable |
program of guardianship for
the person with a disability |
disabled person , taking into consideration the nature of such |
person's
disability and the nature of such organization's |
services, may be appointed
guardian of the person or of the |
estate, or both, of the person with a disability disabled |
person .
The court shall not appoint as guardian an agency which |
is directly
providing residential services to the ward. One |
person or agency may be
appointed guardian of the person and |
another person or agency appointed
guardian of the estate.
|
(c) Any corporation qualified to accept and execute trusts |
in this State
may be appointed guardian of the estate of a |
person with a disability disabled person .
|
(Source: P.A. 98-120, eff. 1-1-14.)
|
(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6)
|
Sec. 11a-6.
Designation of Guardian.) A person, while of |
|
sound mind
and memory, may designate in writing a person, |
corporation or public agency
qualified to act under Section |
11a-5, to be
appointed as guardian or as successor guardian of |
his person or of his
estate or both, in the event he is
|
adjudged to be a person with a disability disabled person . The |
designation may be proved
by any competent
evidence, but if it |
is executed and attested in the same manner as a
will, it shall |
have prima facie validity. If the court finds that the
|
appointment of the one designated will serve the best interests |
and
welfare of the ward, it shall make the appointment in |
accordance with
the designation. The selection of the guardian |
shall be in the
discretion of the court whether or not a |
designation is made.
|
(Source: P.A. 81-795.)
|
(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
|
Sec. 11a-8. Petition. The petition
for adjudication of |
disability and for the
appointment of a guardian of the estate |
or the person or both of an alleged
person with a disability |
disabled person must state, if known or reasonably |
ascertainable: (a) the
relationship
and interest of the |
petitioner to the respondent; (b) the name, date of
birth, and |
place
of residence of the respondent; (c) the reasons for the |
guardianship;
(d) the name and post office address of the |
respondent's guardian, if
any, or of the respondent's agent or |
agents appointed under the Illinois
Power
of Attorney Act, if |
|
any; (e) the name and post office addresses of the
nearest |
relatives of
the respondent in the following order: (1) the |
spouse and adult
children, parents and adult brothers and
|
sisters, if any; if none, (2) nearest adult kindred known to
|
the
petitioner; (f) the name and address of the person with |
whom or the
facility in which the respondent is residing; (g) |
the approximate value
of the personal and real estate; (h) the |
amount of the anticipated annual gross
income and other |
receipts; (i) the name, post office address and in case
of an |
individual, the age, relationship to the respondent and |
occupation of
the proposed guardian.
In addition, if the |
petition seeks the appointment of a previously appointed
|
standby guardian as guardian of the person with a disability |
disabled person , the petition must also
state: (j) the facts |
concerning the standby guardian's previous appointment and
(k) |
the date of death of the disabled person's guardian of the |
person with a disability or the facts concerning
the consent of |
the disabled person's guardian of the person with a disability |
to the appointment of the standby
guardian as guardian, or the |
willingness and ability of the disabled person's
guardian of |
the person with a disability to make and carry out day-to-day |
care decisions concerning the
person with a disability disabled |
person .
A petition for adjudication of disability and the |
appointment of a guardian
of the estate or the person
or both |
of an alleged person with a disability disabled person may not |
be dismissed or
withdrawn without
leave of the court.
|
|
(Source: P.A. 89-396, eff. 8-20-95; 90-796, eff. 12-15-98.)
|
(755 ILCS 5/11a-8.1)
|
Sec. 11a-8.1. Petition for standby guardian of the person |
with a disability disabled person . The
petition for appointment |
of a standby guardian of the person or the estate, or
both, of |
a person with a disability disabled person must state, if |
known: (a) the name, date of birth,
and
residence of the person |
with a disability disabled person ; (b) the names and post |
office addresses of
the nearest relatives of the person with a |
disability disabled person in the following order: (1) the
|
spouse and adult children, parents and adult brothers and |
sisters, if any; if
none, (2) nearest adult kindred known to |
the petitioner; (c) the name and post
office address of the
|
person having guardianship of the person with a disability |
disabled person , and of any person or persons
acting as agents |
of the person with a disability disabled person under
the |
Illinois Power of Attorney Act; (d) the name, post office
|
address, and, in case of any individual, the age and occupation |
of the proposed
standby guardian; (e) the preference of the |
person with a disability disabled person as to the choice of
|
standby guardian; (f) the facts concerning the consent of the |
disabled
person's guardian of the person with a disability to |
the appointment of the standby guardian, or the
willingness and |
ability of the disabled person's guardian of the person with a |
disability to make and
carry out day-to-day care decisions |
|
concerning the person with a disability disabled person ; (g) |
the
facts concerning the execution or admission to probate of |
the written
designation of the standby guardian, if any, a copy |
of which shall be attached
to or filed with the petition; (h) |
the facts concerning any guardianship
court actions pending |
concerning the person with a disability disabled person ; and |
(i) the facts
concerning the willingness of the proposed |
standby
guardian to serve, and in the case of the Office of |
State Guardian and any
public guardian, evidence of a written |
acceptance to serve signed by the State
Guardian or public |
guardian or an authorized representative of the State
Guardian |
or public guardian, consistent with subsection (b) of Section
|
11a-3.1.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
|
Sec. 11a-10. Procedures preliminary to hearing.
|
(a) Upon the filing of a petition pursuant to Section |
11a-8, the court shall
set a date and place for hearing to take |
place within 30 days. The court
shall appoint a guardian ad |
litem to report to the court concerning the
respondent's best |
interests consistent with the provisions of this Section,
|
except that
the appointment of a guardian ad litem shall not be |
required when
the court determines that such appointment is not |
necessary for the protection
of the respondent or a reasonably |
informed decision on the petition.
If the guardian ad litem is |
|
not a licensed attorney, he or she shall be
qualified,
by
|
training or experience, to work with or advocate for persons |
with developmental disabilities the developmentally
disabled , |
the mentally ill, persons with physical disabilities |
physically disabled , the elderly, or persons with a disability |
due to disabled
because of mental deterioration, depending on |
the type of disability that is
alleged in the petition.
The |
court may allow the guardian ad litem reasonable compensation. |
The
guardian ad litem may consult with a person who by training |
or experience is
qualified to work with persons with a |
developmental disability, persons with
mental illness, or |
persons with physical disabilities physically disabled |
persons , or persons with a disability due to disabled because |
of
mental deterioration, depending on the type of disability |
that is alleged.
The guardian ad litem shall personally observe |
the respondent prior to the
hearing and shall inform
him orally |
and in writing of the contents of the petition and of his |
rights
under Section 11a-11.
The guardian ad litem shall also |
attempt to elicit the respondent's position
concerning the |
adjudication of disability, the proposed guardian, a proposed
|
change in residential placement, changes in care that might |
result from the
guardianship, and other areas of inquiry deemed |
appropriate by the court.
Notwithstanding any provision in the |
Mental Health and Developmental Disabilities Confidentiality |
Act or any other law, a guardian ad litem shall have the right |
to inspect and copy any medical or mental health record of the |
|
respondent which the guardian ad litem deems necessary, |
provided that the information so disclosed shall not be |
utilized for any other purpose nor be redisclosed except in |
connection with the proceedings. At or before the hearing, the |
guardian ad litem shall file a written report
detailing his or |
her observations of the respondent, the responses of the
|
respondent to any of the inquires detailed in this Section, the |
opinion of the
guardian
ad litem or other professionals with |
whom the guardian ad litem consulted
concerning the |
appropriateness of guardianship, and any other material issue
|
discovered by the guardian ad litem. The guardian ad litem |
shall appear at the
hearing and testify as to any issues |
presented in his or her report.
|
(b) The court (1) may appoint counsel for the respondent, |
if the court finds
that the interests of the respondent will be |
best served by the appointment,
and (2) shall appoint counsel |
upon respondent's request or if the respondent
takes a position |
adverse to that of the guardian ad litem. The respondent
shall |
be permitted to obtain the appointment of counsel either at the |
hearing
or by any written or oral request communicated to the |
court prior to the
hearing. The summons shall inform the |
respondent of this right to obtain
appointed counsel. The court |
may allow counsel for the respondent reasonable
compensation.
|
(c) If the respondent is unable to pay the fee of the |
guardian ad litem or
appointed counsel, or both, the court may |
enter an order for
the petitioner to
pay all
such
fees or such |
|
amounts as the respondent or the respondent's estate may be |
unable
to pay.
However, in cases where the Office of State |
Guardian is the petitioner,
consistent with Section 30 of the |
Guardianship and Advocacy Act, where the public guardian is the |
petitioner, consistent with Section 13-5 of the Probate Act of |
1975,
where an adult protective services agency is the |
petitioner, pursuant to
Section 9 of the Adult Protective |
Services Act, or where the Department of Children and Family |
Services is the petitioner under subparagraph (d) of subsection |
(1) of Section 2-27 of the Juvenile Court Act of 1987, no |
guardian ad litem or legal fees shall be assessed against the |
Office of
State Guardian, the public guardian, the adult |
protective services agency, or the Department of Children and |
Family Services.
|
(d) The hearing may be held at such convenient place as the |
court directs,
including at a facility in which the respondent |
resides.
|
(e) Unless he is the petitioner, the respondent shall be |
personally
served with a copy of the petition and a summons not |
less than 14 days
before the hearing.
The summons shall be |
printed in large, bold type and shall include the
following |
notice:
|
NOTICE OF RIGHTS OF RESPONDENT
|
You have been named as a respondent in a guardianship |
petition asking that
you be declared a person with a disability |
disabled person . If the court grants the petition, a
guardian |
|
will be appointed for you. A copy of the guardianship petition |
is
attached for your convenience.
|
The date and time of the hearing are:
|
The place where the hearing will occur is:
|
The Judge's name and phone number is:
|
If a guardian is appointed for you, the guardian may be |
given the right to
make all
important personal decisions for |
you, such as where you may live, what medical
treatment you may |
receive, what places you may visit, and who may visit you. A
|
guardian may also be given the right to control and manage your |
money and other
property, including your home, if you own one. |
You may lose the right to make
these decisions for yourself.
|
You have the following legal rights:
|
(1) You have the right to be present at the court |
hearing.
|
(2) You have the right to be represented by a lawyer, |
either one that you
retain, or one appointed by the Judge.
|
(3) You have the right to ask for a jury of six persons |
to hear your case.
|
(4) You have the right to present evidence to the court |
and to confront
and
cross-examine witnesses.
|
(5) You have the right to ask the Judge to appoint an |
independent expert
to examine you and give an opinion about |
your need for a guardian.
|
(6) You have the right to ask that the court hearing be |
closed to the
public.
|
|
(7) You have the right to tell the court whom you |
prefer to have for your
guardian.
|
You do not have to attend the court hearing if you do not |
want to be there.
If you do not attend, the Judge may appoint a |
guardian if the Judge finds that
a guardian would be of benefit |
to you. The hearing will not be postponed or
canceled if you do |
not attend.
|
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO |
NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE |
PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. |
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER |
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND |
TELL THE
JUDGE.
|
Service of summons and the petition may be made by a |
private person 18
years
of
age or over who is not a party to the |
action.
|
(f) Notice of the time and place of the hearing shall be |
given by the
petitioner by mail or in person to those persons, |
including the proposed
guardian, whose names and addresses
|
appear in the petition and who do not waive notice, not less |
than 14 days
before the hearing.
|
(Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12; |
98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, eff. 7-16-14.)
|
(755 ILCS 5/11a-10.2)
|
Sec. 11a-10.2.
Procedure for appointment of a standby |
|
guardian or a
guardian of a person with a disability disabled |
person . In any proceeding for the appointment of a
standby |
guardian or a guardian the court may appoint a guardian ad |
litem to
represent the person with a disability disabled person |
in the proceeding.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
|
Sec. 11a-11. Hearing.
|
(a) The respondent is entitled to be represented by |
counsel, to demand a
jury of 6 persons, to present evidence, |
and to confront and cross-examine all
witnesses. The hearing |
may be closed to the public on request of the
respondent, the |
guardian ad litem, or appointed or other counsel for the |
respondent. Unless excused by the court
upon a showing that the |
respondent refuses to be present or will suffer harm
if |
required to attend, the respondent shall be present
at the |
hearing.
|
(b) (Blank).
|
(c) (Blank).
|
(d) In an uncontested proceeding for the appointment of a |
guardian the
person who prepared the report required by Section |
11a-9 will only be required
to testify at trial upon order of |
court for cause shown.
|
(e) At the hearing the court shall inquire regarding: (1) |
the nature
and extent of respondent's general intellectual and |
|
physical
functioning; (2) the extent of the impairment of his |
adaptive behavior
if he is a person with a developmental |
disability, or the nature and severity
of his mental illness if |
he is a person with mental illness; (3) the
understanding and |
capacity of the respondent to make and communicate
responsible |
decisions concerning his person; (4) the capacity of the |
respondent
to manage his estate and his financial affairs; (5) |
the appropriateness of
proposed and alternate living |
arrangements; (6) the impact of the
disability upon the |
respondent's functioning in the basic activities of daily
|
living and the important decisions faced by the respondent or |
normally faced by
adult members of the respondent's community; |
and (7) any other area of
inquiry deemed appropriate by the |
court.
|
(f) An authenticated transcript of the evidence taken in a |
judicial
proceeding concerning the respondent under the Mental |
Health and Developmental
Disabilities Code is admissible in |
evidence at the hearing.
|
(g) If the petition is for the appointment of a guardian |
for a
beneficiary disabled beneficiary of the Veterans |
Administration who has a disability , a certificate of
the |
Administrator of Veterans Affairs or his representative |
stating that
the beneficiary has been determined to be |
incompetent by the Veterans
Administration on examination in |
accordance with the laws and
regulations governing the Veterans |
Administration in effect upon the
date of the issuance of the |
|
certificate and that the appointment of a
guardian is a |
condition precedent to the payment of any money due the
|
beneficiary by the Veterans Administration, is admissible in |
evidence at the
hearing.
|
(Source: P.A. 98-1094, eff. 1-1-15 .)
|
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
|
Sec. 11a-12. Order of appointment.) |
(a) If basis for the
appointment of a guardian as specified |
in Section 11a-3 is not found,
the court shall dismiss the |
petition.
|
(b) If the respondent is adjudged to be a person with a |
disability disabled and to lack some but not all of the |
capacity as specified in Section 11a-3, and if the court finds |
that
guardianship is necessary for the protection of the person |
with a disability disabled
person , his or her estate, or both, |
the court shall appoint a
limited guardian for the respondent's |
person or estate or both. The
court shall enter a written order |
stating
the factual basis for its findings and specifying the |
duties and powers of the guardian and the legal disabilities to |
which the respondent is subject.
|
(c) If the respondent is adjudged to be a person with a |
disability disabled and to be totally without capacity as |
specified in Section 11a-3, and if the court finds
that limited |
guardianship will not provide sufficient protection for the |
person with a disability disabled person , his
or her estate, or |
|
both, the court shall
appoint a plenary guardian for the |
respondent's person or estate or both.
The court shall enter a |
written order stating the factual basis
for its findings.
|
(d) The selection of the guardian shall be in the |
discretion
of the court, which shall give due consideration to |
the preference of the
person with a disability disabled person |
as to a guardian, as well as the qualifications of the
proposed |
guardian, in making its appointment. However, the paramount |
concern in the selection of the guardian is the best interest |
and well-being of the person with a disability disabled person .
|
(Source: P.A. 97-1093, eff. 1-1-13; 98-1094, eff. 1-1-15 .)
|
(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)
|
Sec. 11a-13.
Costs in certain cases.) (a) No costs may be |
taxed or charged
by any public officer in any proceeding for |
the appointment of a
guardian or for any subsequent proceeding |
or report made in pursuance of
the appointment when the primary |
purpose of the appointment is as set forth
in Section 11-11 or |
is the management of the estate of a person with a mental |
disability mentally disabled
person who resides
in a state |
mental health or developmental disabilities facility when the
|
value of the personal estate does not exceed $1,000.
|
(b) No costs shall be taxed or charged against the Office |
of the State
Guardian by any public officer in any proceeding |
for the appointment of
a guardian or for any subsequent |
proceeding or report made in pursuance
of the appointment.
|
|
(Source: P.A. 80-1415.)
|
(755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16)
|
Sec. 11a-16.
Testamentary guardian.) A parent of a person |
with a disability disabled person may
designate
by will a |
person, corporation or public agency qualified to act under
|
Section 11a-5, to be appointed as guardian or as successor |
guardian of the
person or of the estate or both of that person. |
If a conservator appointed
under a prior law or a guardian |
appointed under this Article is acting at
the time of the death |
of the parent, the designation shall become effective
only upon |
the death, incapacity, resignation or removal of the |
conservator
or guardian. If no conservator or guardian is |
acting at the time of the
death of the parent, the person, |
corporation or public agency so designated
or any other person |
may petition the court having jurisdiction over the
person or |
estate or both of the child for the appointment of the one so
|
designated. The designation shall be proved in the manner |
provided for
proof of will. Admission of the will to probate in |
any other jurisdiction
shall be conclusive proof of the |
validity of the designation. If the court
finds that the |
appointment of the one so designated will serve the best
|
interests and welfare of the ward, it shall appoint the one so |
designated.
The selection of a guardian shall be in the |
discretion of the court, whether
or not a designation is made.
|
(Source: P.A. 81-795.)
|
|
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
|
Sec. 11a-17. Duties of personal guardian.
|
(a) To the extent ordered by the court and under the |
direction of the
court, the guardian of the person shall have |
custody of the ward and the
ward's minor and adult dependent |
children and shall procure for them and shall
make provision |
for their support, care, comfort, health, education and
|
maintenance, and professional services as are appropriate, but |
the ward's
spouse may not be deprived of the custody and |
education of the ward's minor
and adult dependent children, |
without the consent of the spouse, unless the
court finds that |
the spouse is not a fit and competent person to have that
|
custody and education. The guardian shall assist the ward in |
the
development of maximum self-reliance and independence. The |
guardian of the
person may petition the court for an order |
directing the guardian of the
estate to pay an amount |
periodically for the provision of the services
specified by the |
court order. If the ward's estate is insufficient to
provide |
for education and the guardian of the ward's person fails to
|
provide education, the court may award the custody of the ward |
to some
other person for the purpose of providing education. If |
a person makes a
settlement upon or provision for the support |
or education of a ward, the
court may make an order for the |
visitation of the ward by the person making
the settlement or |
provision as the court deems proper. A guardian of the person |
|
may not admit a ward to a mental health facility except at the |
ward's request as provided in Article IV of the Mental Health |
and Developmental Disabilities Code and unless the ward has the |
capacity to consent to such admission as provided in Article IV |
of the Mental Health and Developmental Disabilities Code.
|
(a-5) If the ward filed a petition for dissolution of |
marriage under the
Illinois
Marriage and Dissolution of |
Marriage Act before the ward was adjudicated a
person with a |
disability disabled
person under this Article, the guardian of |
the ward's person and estate may
maintain that
action for
|
dissolution of marriage on behalf of the ward. Upon petition by |
the guardian of the ward's person or estate, the court may |
authorize and direct a guardian of the ward's person or estate |
to file a petition for dissolution of marriage or to file a |
petition for legal separation or declaration of invalidity of |
marriage under the Illinois Marriage and Dissolution of |
Marriage Act on behalf of the ward if the court finds by clear |
and convincing evidence that the relief sought is in the ward's |
best interests. In making its determination, the court shall |
consider the standards set forth in subsection (e) of this |
Section. |
(a-10) Upon petition by the guardian of the ward's person |
or estate, the court may authorize and direct a guardian of the |
ward's person or estate to consent, on behalf of the ward, to |
the ward's marriage pursuant to Part II of the Illinois |
Marriage and Dissolution of Marriage Act if the court finds by |
|
clear and convincing evidence that the marriage is in the |
ward's best interests. In making its determination, the court |
shall consider the standards set forth in subsection (e) of |
this Section. Upon presentation of a court order authorizing |
and directing a guardian of the ward's person and estate to |
consent to the ward's marriage, the county clerk shall accept |
the guardian's application, appearance, and signature on |
behalf of the ward for purposes of issuing a license to marry |
under Section 203 of the Illinois Marriage and Dissolution of |
Marriage Act.
|
(b) If the court directs, the guardian of the person shall |
file
with the court at intervals indicated by the court, a |
report that
shall state briefly: (1) the current mental, |
physical, and social
condition of the ward and the ward's minor |
and adult dependent children; (2)
their present living |
arrangement, and a description and the address of
every |
residence where they lived during the reporting period and the |
length
of stay at each place; (3) a summary of the medical, |
educational,
vocational, and other professional services given |
to them; (4) a resume of
the guardian's visits with and |
activities on behalf of the ward and the ward's
minor and adult |
dependent children; (5) a recommendation as to the need for
|
continued guardianship; (6) any other information requested by |
the court or
useful in the opinion of the guardian. The Office |
of the State Guardian
shall assist the guardian in filing the |
report when requested by the
guardian. The court may take such |
|
action as it deems appropriate pursuant
to the report.
|
(c) Absent court order pursuant to the Illinois Power of |
Attorney Act
directing a guardian to exercise powers of the |
principal under an agency
that survives disability, the |
guardian has no power, duty, or liability
with respect to any |
personal or health care matters covered by the agency.
This |
subsection (c) applies to all agencies, whenever and wherever |
executed.
|
(d) A guardian acting as a surrogate decision maker under |
the Health
Care Surrogate Act shall have all the rights of a |
surrogate under that Act
without court order including the |
right to make medical treatment decisions
such as decisions to |
forgo or withdraw life-sustaining treatment.
Any decisions by |
the guardian to forgo or withdraw life-sustaining treatment
|
that are not authorized under the Health Care Surrogate Act |
shall require a
court order. Nothing in this Section shall |
prevent an agent acting under a
power of attorney for health |
care from exercising his or her authority under
the Illinois |
Power of Attorney Act without further court order, unless a |
court
has acted under Section 2-10 of the Illinois Power of |
Attorney Act. If a
guardian is also a health care agent for the |
ward under a valid power of
attorney for health care, the |
guardian acting as agent may execute his or her
authority under |
that act without further court order.
|
(e) Decisions made by a guardian on behalf of a ward shall |
be made in
accordance with the following
standards for decision |
|
making. Decisions made by a guardian on behalf of a ward
may be |
made by conforming as closely as possible to what the ward, if
|
competent, would have done or intended under the circumstances, |
taking into
account evidence that includes, but is not limited |
to, the ward's personal,
philosophical, religious and moral |
beliefs, and ethical values relative to the
decision to be made |
by the guardian. Where possible, the guardian shall
determine |
how the ward would have made a decision based on the ward's
|
previously expressed preferences, and make decisions in |
accordance with the
preferences of the ward. If the ward's |
wishes are unknown and remain unknown
after reasonable efforts |
to discern them, the decision shall be made on the
basis of the |
ward's best interests as determined by the guardian. In
|
determining the ward's best interests, the guardian shall weigh |
the reason for
and nature of the proposed action, the benefit |
or necessity of the action, the
possible risks and other |
consequences of the proposed action, and any available
|
alternatives and their risks, consequences and benefits, and |
shall take into
account any other information, including the |
views of family and friends, that
the guardian believes the |
ward would have considered if able to act for herself
or |
himself.
|
(f) Upon petition by any interested person (including the |
standby or
short-term guardian), with such notice to interested |
persons as the court
directs and a finding by the court that it |
is in the best interest of the
person with a disability |
|
disabled person , the court may terminate or limit the authority |
of a standby or
short-term guardian or may enter such other |
orders as the court deems necessary
to provide for the best |
interest of the person with a disability disabled person . The |
petition
for termination or limitation of the authority of a |
standby or short-term
guardian may, but need not, be combined |
with a petition to have another
guardian appointed for the |
person with a disability disabled person .
|
(Source: P.A. 98-1107, eff. 8-26-14.)
|
(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
|
Sec. 11a-18. Duties of the estate guardian.
|
(a) To the extent
specified in the order establishing the |
guardianship, the guardian of
the estate shall have the care, |
management and
investment of the estate, shall manage the |
estate frugally and shall
apply the income and principal of the |
estate so far as necessary for the
comfort and suitable support |
and education of the ward, his minor and adult
dependent |
children, and persons related by blood or marriage
who are |
dependent upon or entitled to support from him, or for any |
other
purpose which the court deems to be for the best |
interests of the ward,
and the court may approve the making on |
behalf of the ward of such
agreements as the court determines |
to be for the ward's best interests.
The guardian may make |
disbursement of his ward's
funds and estate directly to the |
ward or other distributee or in such
other manner and in such |
|
amounts as the court directs. If the estate of
a ward is |
derived in whole or in part from payments of compensation,
|
adjusted compensation, pension, insurance or other similar |
benefits made
directly to the estate by the Veterans |
Administration, notice of the
application for leave to invest |
or expend the ward's funds or estate,
together with a copy of |
the petition and proposed order, shall be given
to the |
Veterans' Administration Regional Office in this State at least |
7
days before the hearing on the application.
|
(a-5) The probate court, upon petition of a guardian, other |
than the
guardian of a minor, and after notice to all other |
persons interested as the
court directs, may authorize the |
guardian to exercise any or all powers over
the estate and |
business affairs of the ward that the ward could exercise if
|
present and not under disability. The court may authorize the |
taking of an
action or the application of funds not required |
for the ward's current and
future maintenance
and support in |
any manner approved by the court as being in keeping with the
|
ward's wishes so far as they can be ascertained. The court must |
consider the
permanence of the ward's disabling condition and |
the natural objects of the
ward's bounty. In ascertaining and |
carrying
out the ward's wishes the court may consider, but |
shall not be limited to,
minimization of State or federal |
income, estate, or inheritance taxes; and
providing gifts to |
charities, relatives, and friends that would be likely
|
recipients of donations from the ward. The ward's wishes as |
|
best they can be
ascertained shall be carried out, whether or |
not tax savings are involved.
Actions or applications of funds |
may include, but shall not be limited to, the
following:
|
(1) making gifts of income or principal, or both, of |
the estate, either
outright or in trust;
|
(2) conveying, releasing, or disclaiming his or her |
contingent and
expectant interests in property, including |
marital property rights and any
right of survivorship |
incident to joint tenancy or tenancy by the entirety;
|
(3) releasing or disclaiming his or her powers as |
trustee, personal
representative, custodian for minors, or |
guardian;
|
(4) exercising, releasing, or disclaiming his or her |
powers as donee
of a power of appointment;
|
(5) entering into contracts;
|
(6) creating for the benefit of the ward or others, |
revocable or
irrevocable trusts of his or her property that |
may extend beyond his or her
disability or life;
|
(7) exercising options of the ward to purchase or |
exchange
securities or other property;
|
(8) exercising the rights of the ward to elect benefit |
or payment
options, to terminate, to change beneficiaries |
or ownership, to assign
rights, to borrow, or to receive |
cash value in return for a surrender of
rights under any |
one or more of the following:
|
(i) life insurance policies, plans, or benefits,
|
|
(ii) annuity policies, plans, or benefits,
|
(iii) mutual fund and other dividend investment |
plans,
|
(iv) retirement, profit sharing, and employee |
welfare plans and
benefits;
|
(9) exercising his or her right to claim or disclaim an |
elective share
in the estate of his or her deceased spouse |
and to renounce any interest by
testate or intestate |
succession or by inter vivos transfer;
|
(10) changing the ward's residence or domicile; or
|
(11) modifying by means of codicil or trust amendment |
the terms of the
ward's will or any revocable trust created |
by the ward, as the court may
consider advisable in light |
of changes in applicable tax laws.
|
The guardian in his or her petition shall briefly outline |
the action or
application of funds for which he or she seeks |
approval, the results expected
to be accomplished thereby, and |
the tax savings, if any, expected to accrue.
The proposed |
action or application of funds may include gifts of the ward's
|
personal property or real estate, but transfers of real estate |
shall be subject
to the requirements of Section 20 of this Act. |
Gifts may be for
the benefit of prospective legatees, devisees, |
or heirs apparent of the ward
or may be made to individuals or |
charities in which the ward is believed to
have an interest. |
The guardian shall also indicate in the petition that any
|
planned disposition is consistent with the intentions of the |
|
ward insofar as
they can be ascertained, and if the ward's |
intentions cannot be ascertained,
the ward will be presumed to |
favor reduction in the incidents of various forms
of taxation |
and the partial distribution of his or her estate as provided |
in
this subsection. The guardian shall not, however, be |
required to include as
a beneficiary or fiduciary any person |
who he has reason to believe would be
excluded by the ward. A |
guardian shall be required to investigate and pursue
a ward's |
eligibility for governmental benefits.
|
(b) Upon the direction of the court which issued his |
letters,
a guardian may perform the contracts of his ward which |
were
legally subsisting at the time of the commencement of the |
ward's
disability. The court may authorize the guardian to |
execute and deliver
any bill of sale, deed or other instrument.
|
(c) The guardian of the estate of a ward shall
appear for |
and represent the ward in all legal proceedings unless another
|
person is appointed for that purpose as guardian or next |
friend. This does not
impair the power of any court to appoint |
a guardian ad litem or next friend
to defend the interests of |
the ward in that court, or to appoint or allow any
person as |
the next friend of a ward to commence, prosecute or defend any
|
proceeding in his behalf. Without impairing the power of the |
court in any
respect, if the guardian of the estate of a ward |
and another person as next
friend shall appear for and |
represent the ward in a legal proceeding in which
the |
compensation of the attorney or attorneys representing the |
|
guardian and
next friend is solely determined under a |
contingent fee arrangement, the
guardian of the estate of the |
ward shall not participate in or have any duty
to review the |
prosecution of the action, to participate in or review the
|
appropriateness of any settlement of the action, or to |
participate in or review
any determination of the |
appropriateness of any fees awarded to the attorney or
|
attorneys employed in the prosecution of the action.
|
(d) Adjudication of disability shall not revoke or
|
otherwise terminate a trust which is revocable by the ward. A |
guardian of the
estate shall have no authority to revoke a |
trust that is revocable by the
ward, except that the court may |
authorize a guardian to revoke a Totten trust
or similar |
deposit or withdrawable capital account in trust to the extent
|
necessary to provide funds for the purposes specified in |
paragraph (a) of
this Section. If the trustee of any trust for |
the benefit of the ward has
discretionary power to apply income |
or principal for the ward's benefit,
the trustee shall not be |
required to distribute any of the income or principal
to the |
guardian of the ward's estate, but the guardian may
bring an |
action on behalf of the ward to compel
the trustee to exercise |
the trustee's discretion or to seek relief from
an abuse of |
discretion. This paragraph shall not limit the right of a
|
guardian of the estate to receive accountings from the trustee
|
on behalf of the ward.
|
(e) Absent court order pursuant to the Illinois Power of |
|
Attorney
Act directing a guardian to exercise
powers of the |
principal under an agency that survives disability, the
|
guardian will have no power, duty or liability with respect to |
any property
subject to the agency. This subsection (e) applies |
to all agencies,
whenever and wherever executed.
|
(f) Upon petition by any interested person (including the |
standby or
short-term guardian), with such notice to interested |
persons as the court
directs and a finding by the court that it |
is in the best interest of the
person with a disability |
disabled person , the court may terminate or limit the authority |
of a standby or
short-term guardian or may enter such other |
orders as the court deems necessary
to provide for the best |
interest of the person with a disability disabled person . The |
petition for
termination or limitation of the authority of a |
standby or short-term guardian
may, but need not, be combined |
with a petition to have another guardian
appointed for the |
person with a disability disabled person .
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1)
|
Sec. 11a-18.1. Conditional gifts. (a) The court may |
authorize and
direct the guardian of the estate to make |
conditional gifts from the estate
of a person with a disability |
disabled person to any spouse, parent, brother or sister of the |
person with a disability disabled
person who dedicates himself |
or herself to the care of the person with a disability disabled |
|
person
by living with and personally caring for the person with |
a disability disabled person for at least 3
years. It shall be |
presumed that the person with a disability disabled person |
intends to make such
conditional gifts.
|
(b) A conditional gift shall not be distributed to the |
donee until the
death of the person with a disability disabled |
person . The court may impose such other conditions
on the gift |
as the court deems just and reasonable. The court may provide
|
for an alternate disposition of the gift should the donee die |
before the
person with a disability disabled person ; provided |
that if no such alternate disposition is made,
the conditional |
gift shall lapse upon the death of the donee prior to the
death |
of the person with a disability disabled person . A conditional |
gift may be modified or
revoked by the court at any time.
|
(c) The guardian of the estate, the spouse, parent, brother |
or sister of
a person with a disability disabled person , or any |
other interested person may petition the court to
authorize and |
direct the guardian of the estate to make a conditional gift
or |
to modify, revoke or distribute a conditional gift. All persons |
who
would be heirs of the person with a disability disabled |
person if the person with a disability disabled person died on |
the
date the petition is filed (or the heirs if the person with |
a disability disabled person is
deceased) and all legatees |
under any known last will of the person with a disability |
disabled person
shall be given reasonable notice of the hearing |
on the petition by
certified U. S. mail, return receipt |
|
requested. If a trustee is a legatee,
notice shall be given to |
the trustee and need not be given to the trust
beneficiaries. |
Any person entitled to notice of the hearing may appear and
|
object to the petition. The giving of the notice of the hearing |
to those
persons entitled to notice shall cause the decision |
and order of the court
to be binding upon all other persons who |
otherwise may
be interested or may become interested in the |
estate of the person with a disability disabled person .
|
(d) The guardian of the estate shall set aside conditional |
gifts in a
separate fund for each donee and shall hold and |
invest each fund as part of
the estate of the person with a |
disability disabled person . Upon order of the court, any |
conditional gift
may be revoked or modified in whole or part so |
that the assets may be used
for the care and comfort of the |
person with a disability disabled person should funds otherwise
|
available for such purposes be inadequate.
|
(e) Upon the death of the person with a disability disabled |
person , the guardian of the estate
shall hold each special fund |
as trustee and shall petition the court for
authorization to |
distribute the special fund and for any other appropriate
|
relief. The court shall order distribution upon such terms and |
conditions
as the court deems just and reasonable.
|
(Source: P.A. 85-1417.)
|
(755 ILCS 5/11a-18.2)
|
Sec. 11a-18.2. Duties of standby guardian of a person with |
|
a disability disabled person .
|
(a) Before a standby guardian of a person with a disability |
disabled person may act, the standby
guardian must be appointed |
by the court of the proper county and, in the case
of a standby |
guardian of the disabled person's estate of the person with a |
disability , the standby guardian
must give the bond prescribed |
in subsection (c) of Section 11a-3.1 and Section
12-2.
|
(b) The standby guardian shall not have any duties or |
authority to act until
the standby guardian receives knowledge |
of the death or consent of the disabled
person's guardian of |
the person with a disability , or the inability of the disabled |
person's guardian of the person with a disability to make
and |
carry out day-to-day care decisions concerning the person with |
a disability disabled person
for whom the standby guardian has |
been appointed. This inability of the
disabled person's |
guardian of the person with a disability to make and carry out |
day-to-day care
decisions may be communicated either by the |
guardian's own admission or by the
written certification of the |
guardian's attending physician. Immediately upon
receipt of |
that knowledge, the standby guardian shall assume all duties as
|
guardian of the person with a disability disabled person as |
previously determined by the order
appointing the standby |
guardian, and as set forth in Sections 11a-17 and
11a-18, and |
the standby guardian of the person shall have the authority to |
act
as guardian of the person without direction of court for a |
period of up to 60
days, provided that the authority of the |
|
standby guardian may be limited or
terminated by a court of |
competent jurisdiction.
|
(c) Within 60 days of the standby guardian's receipt of |
knowledge of the
death or consent of the disabled person's |
guardian of the person with a disability , or the inability of |
the
disabled person's guardian of the person with a disability |
to make and carry out day-to-day care decisions
concerning the |
person with a disability disabled person , the standby guardian |
shall file or cause to be
filed a petition for the appointment |
of a guardian of the person or estate, or
both, of the person |
with a disability disabled person under Section 11a-3.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/11a-18.3)
|
Sec. 11a-18.3. Duties of short-term guardian of a person |
with a disability disabled person .
|
(a) Immediately upon the effective date of the appointment |
of a short-term
guardian, the short-term guardian shall assume |
all duties as short-term
guardian of the person with a |
disability disabled person as provided in this Section. The |
short-term
guardian of the person shall have authority to act |
as short-term guardian,
without direction of the court, for the |
duration of the appointment, which in
no case shall exceed a |
cumulative total of 60 days in any 12 month period for
all |
short-term guardians appointed by the guardian. The authority |
of the
short-term guardian may be limited or terminated by a |
|
court of competent
jurisdiction.
|
(b) Unless further specifically limited by the instrument |
appointing the
short-term guardian, a short-term guardian |
shall have the authority to act as a
guardian of the person of |
a person with a disability disabled person as prescribed in |
Section 11a-17,
but shall not have any authority to act as |
guardian of the estate of a person with a disability disabled
|
person , except that a short-term guardian shall have the |
authority to apply for
and receive on behalf of the person with |
a disability disabled person benefits to which the person with |
a disability disabled
person may be entitled from or under |
federal, State, or local organizations or
programs.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
|
Sec. 11a-20. Termination of adjudication of disability - |
Revocation
of letters - modification.) |
(a) Except as provided in subsection (b-5), upon the filing |
of
a petition by or on behalf of a person with a disability |
disabled person or on its own motion, the
court may terminate |
the adjudication of disability of the ward, revoke the
letters |
of guardianship of the estate or person, or both, or modify the |
duties
of the guardian if the ward's capacity to perform the |
tasks necessary for
the care of his person or the management of |
his estate has been
demonstrated by clear and convincing |
evidence. A report or testimony by a
licensed physician is not |
|
a prerequisite for termination, revocation or
modification of a |
guardianship order under this subsection (a).
|
(b) Except as provided in subsection (b-5), a request by |
the ward or any other person on the ward's behalf,
under this |
Section may be communicated to the court or judge by any means,
|
including but not limited to informal letter, telephone call or |
visit. Upon
receipt of a request from the ward or another |
person, the court may
appoint a guardian ad litem to |
investigate and report to the court
concerning the allegations |
made in conjunction with said request, and if
the ward wishes |
to terminate, revoke, or modify the guardianship order, to
|
prepare the ward's petition and to render such other services |
as the court
directs.
|
(b-5) Upon the filing of a verified petition by the |
guardian of the person with a disability disabled person or the |
person with a disability disabled person , the court may |
terminate the adjudication of disability of the ward, revoke |
the letters of guardianship of the estate or person, or both, |
or modify the duties of the guardian if: (i) a report completed |
in accordance with subsection (a) of Section 11a-9 states that |
the person with a disability disabled person is no longer in |
need of guardianship or that the type and scope of guardianship |
should be modified; (ii) the person with a disability disabled |
person no longer wishes to be under guardianship or desires |
that the type and scope of guardianship be modified; and (iii) |
the guardian of the person with a disability disabled person |
|
states that it is in the best interest of the person with a |
disability disabled person to terminate the adjudication of |
disability of the ward, revoke the letters of guardianship of |
the estate or person, or both, or modify the duties of the |
guardian, and provides the basis thereof. In a proceeding |
brought pursuant to this subsection (b-5), the court may |
terminate the adjudication of disability of the ward, revoke |
the letters of guardianship of the estate or person, or both, |
or modify the duties of the guardian, unless it has been |
demonstrated by clear and convincing evidence that the ward is |
incapable of performing the tasks necessary for the care of his |
or her person or the management of his or her estate. |
(c) Notice of the hearing on a petition under this Section, |
together
with a copy of the petition, shall be given to the |
ward, unless he is the
petitioner, and to each and every |
guardian to whom letters of guardianship
have been issued and |
not revoked, not less than 14 days before the hearing.
|
(Source: P.A. 97-1093, eff. 1-1-13.)
|
(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
|
Sec. 11a-22. Trade and contracts with a person with a |
disability disabled person .
|
(a) Anyone who by trading with, bartering, gaming or any |
other device,
wrongfully possesses himself of any property of a |
person known to be a
person with a disability disabled person |
commits a Class A misdemeanor.
|
|
(b) Every note, bill, bond or other contract by any person |
for whom
a plenary guardian has been appointed or who is
|
adjudged to be unable to so contract is void as against that |
person and
his estate, but a person making a contract with the |
person so adjudged
is bound thereby.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(755 ILCS 5/11a-24) |
Sec. 11a-24. Notification; Department of State Police. |
When a court adjudges a respondent to be a person with a |
disability disabled person under this Article, the court shall |
direct
the circuit court clerk to notify the
Department of |
State Police, Firearm Owner's Identification
(FOID) Office, in |
a form and manner prescribed by the Department of State Police, |
and shall forward a copy of the court order to the Department |
no later than 7 days after the entry of the order. Upon receipt |
of the order, the Department of State Police shall provide |
notification to the National Instant Criminal Background Check |
System.
|
(Source: P.A. 98-63, eff. 7-9-13.)
|
(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
|
Sec. 12-2. Individual representative; oath and bond.
|
(a) Except as provided in subsection (b), before |
undertaking the
representative's duties, every individual |
representative shall take and file an
oath or affirmation that |
|
the individual will faithfully discharge the duties of
the |
office of the representative according to law and shall file in |
and have
approved by the court a bond binding the individual |
representative so to do.
The court may waive the filing of a |
bond of a representative of the person of a
ward or of a |
standby guardian of a minor or person with a disability |
disabled person .
|
(b) Where bond or security is excused by the will or as |
provided in
subsection (b) of Section 12-4, the bond of the |
representative in the
amount from time to time required under |
this Article shall be in full force
and effect without writing, |
unless the court requires the filing of a written
bond.
|
(Source: P.A. 90-796, eff. 12-15-98.)
|
(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)
|
Sec. 12-4.
When security excused or specified.)
|
(a) Except as provided
in paragraph (c) of Section 6-13 |
with respect to a nonresident executor, no
security is required |
of a person who is excused by the will from giving
bond or |
security and no greater security than is specified by the will
|
is required, unless in either case the court, from its own |
knowledge or
the suggestion of any interested person, has cause |
to suspect the
representative of fraud or incompetence or |
believes that the estate of
the decedent will not be sufficient |
to discharge all the claims against
the estate, or in the case |
of a testamentary guardian of the estate,
that the rights of |
|
the ward will be prejudiced by failure to give security.
|
(b) If a person designates a guardian of his person or |
estate or
both to be appointed in the event he is adjudged a |
person with a disability disabled person
as provided in Section |
11a-6 and excuses the guardian from giving
bond or security, or |
if the guardian is the Office of State Guardian, the
guardian's |
bond in the amount from time to time
required under this |
Article shall be in full force and effect without
writing, |
unless the court requires the filing of a written bond.
|
(c) The Office of State Guardian shall not be required to |
have sureties or
surety companies as security on its bonds. The |
oath and bond of the
representative without surety shall be |
sufficient.
|
(Source: P.A. 89-396, eff. 8-20-95.)
|
(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2)
|
Sec. 13-2.
Bond and oath.) Before entering upon the |
performance of
his duties, every public administrator and every |
public guardian shall take
and file in the court an oath or |
affirmation that
he will support the Constitution of the United |
States and the
Constitution of the State of Illinois and will |
faithfully discharge the
duties of his office and shall enter |
into a bond payable to the people
of the State of Illinois in a |
sum of not less than $5,000 with security
as provided by this |
Act and approved by the court of the county in
which he is |
appointed, conditioned that he will faithfully discharge
the |
|
duties of his office. The court may from time to time require
|
additional security of the public administrator or guardian
and |
may require him to give the usual bond required of |
representatives
of estates of decedents, or persons with |
disabilities disabled persons
in other cases. In
default of his |
giving bond within 60 days after receiving his commission
or of |
his giving additional security within 60 days after being |
ordered
by the court to do so, his office is deemed vacant and |
upon certificate
of a judge of the court of that fact the |
Governor or the Circuit Court
shall fill the
vacancy.
|
(Source: P.A. 81-1052.)
|
(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
|
Sec. 13-3.1. Compensation of public guardian. |
(a) In counties having a population
in excess of 1,000,000 |
the public guardian shall be paid an annual salary,
to be set |
by the County Board at a figure not to exceed the salary of the
|
public defender for the county. All expenses connected with the |
operation
of the office shall be subject to the approval of the |
County Board and shall
be paid from the county treasury. All |
fees collected shall be paid into
the county treasury.
|
(b) In counties having a population of 1,000,000 or less |
the public guardian shall receive all the fees of his office |
and bear the expenses connected with the operation of the |
office. A public guardian shall be entitled to reasonable and |
appropriate compensation for services related to guardianship |
|
duties but all fees must be reviewed and approved by the court. |
A public guardian may petition the court for the payment of |
reasonable and appropriate fees. In counties having a |
population of 1,000,000 or less, the public guardian shall do |
so on not less than a yearly basis, or sooner as approved by |
the court. Any fees or expenses charged by a public guardian |
shall be documented through billings and maintained by the |
guardian and supplied to the court for review. In considering |
the reasonableness of any fee petition brought by a public |
guardian under this Section, the court shall consider the |
following: |
(1) the powers and duties assigned to the public |
guardian by the court; |
(2) the necessity of any services provided; |
(3) the time required, the degree of difficulty, and |
the experience needed to complete the task; |
(4) the needs of the ward and the costs of |
alternatives; and |
(5) other facts and circumstances material to the best |
interests of the ward or his or her estate. |
(c) When the public guardian is appointed as the temporary |
guardian of an adult with a disability a disabled adult |
pursuant to an emergency petition under circumstances when the |
court finds that the immediate establishment of a temporary |
guardianship is necessary to protect the disabled adult's |
health, welfare, or estate of the adult with a disability , the |
|
public guardian shall be entitled to reasonable and appropriate |
fees, as determined by the court, for the period of the |
temporary guardianship, including fees directly associated |
with establishing the temporary guardianship. |
(Source: P.A. 96-752, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
|
Sec. 13-5. Powers and duties of public guardian.) The court |
may appoint
the public guardian as the guardian of any adult |
with a disability disabled adult who is in need
of a public |
guardian and whose estate exceeds $25,000. When an adult with a |
disability a disabled adult
who has a smaller estate is in need |
of guardianship services, the court
shall appoint the State |
guardian pursuant to Section 30 of the Guardianship
and |
Advocacy Act.
If the public guardian is appointed guardian of |
an adult with a disability a disabled adult and the
estate of |
the adult with a disability the disabled adult is thereafter |
reduced to less than $25,000, the
court may, upon the petition |
of the public guardian and the approval by the
court of a final |
accounting of the disabled adult's estate of the adult with a |
disability , discharge the
public guardian and transfer the |
guardianship to the State guardian. The
public guardian shall |
serve not less than 14 days' notice to the State guardian
of |
the hearing date regarding the transfer.
When appointed by the |
court, the public guardian has the
same powers and duties as |
other guardians appointed under this Act, with
the following |
|
additions and modifications:
|
(a) The public guardian shall monitor the ward and his care |
and progress
on a continuous basis. Monitoring shall at minimum |
consist of monthly
contact with the ward, and the receipt of |
periodic reports from all
individuals and agencies, public or |
private, providing care or related
services to the ward.
|
(b) Placement of a ward outside of the ward's home may be |
made only after
the public guardian or his representative has |
visited the facility in which
placement is proposed.
|
(c) The public guardian shall prepare an inventory of the |
ward's belongings
and assets and shall maintain insurance on |
all of the ward's real and personal
property, unless the court |
determines, and issues an order finding, that (1) the real or |
personal property lacks sufficient equity, (2) the estate lacks |
sufficient funds to pay for insurance, or (3) the property is |
otherwise uninsurable. No personal property shall be removed |
from the ward's possession
except for storage pending final |
placement or for liquidation in accordance
with this Act.
|
(d) The public guardian shall make no substantial |
distribution of the
ward's estate without a court order.
|
(e) The public guardian may liquidate assets of the ward to |
pay for the
costs of the ward's care and for storage of the |
ward's personal property
only after notice of such pending |
action is given to all potential heirs
at law, unless notice is |
waived by the court; provided, however, that a
person who has |
been so notified may elect to pay for care or storage or
to pay |
|
fair market value of the asset or assets sought to be sold in |
lieu
of liquidation.
|
(f) Real property of the ward may be sold at fair market |
value after an
appraisal of the property has been made by a |
licensed appraiser; provided,
however, that the ward's |
residence may be sold only if the court finds that
the ward is |
not likely to be able to return home at a future date.
|
(g) The public guardian shall, at such intervals as the |
court may direct,
submit to the court an affidavit setting |
forth in detail the services he
has provided for the benefit of |
the ward.
|
(h) Upon the death of the ward, the public guardian shall |
turn over to
the court-appointed administrator all of the |
ward's assets and an account
of his receipt and administration |
of the ward's property. A guardian ad
litem shall be appointed |
for an accounting when the estate exceeds the amount
set in |
Section 25-1 of this Act for administration of small estates.
|
(i)(1) On petition of any person who appears to have an |
interest in
the estate, the court by temporary order may |
restrain the public guardian
from performing specified acts of |
administration, disbursement or distribution,
or from exercise |
of any powers or discharge of any duties of his office,
or make |
any other order to secure proper performance of his duty, if it
|
appears to the court that the public guardian might otherwise |
take some
action contrary to the best interests of the ward. |
Persons with whom the
public guardian may transact business may |
|
be made parties.
|
(2) The matter shall be set for hearing within 10 days |
unless the parties
otherwise agree or unless for good cause |
shown the court determines that
additional time is required. |
Notice as the court directs shall be given
to the public |
guardian and his attorney of record, if any, and to any other
|
parties named defendant in the petition.
|
(j) On petition of the public guardian, the court in its |
discretion may
for good cause shown transfer guardianship to |
the State guardian.
|
(k) No later than January 31 of each year, the public |
guardian shall file
an annual report with the clerk of the |
Circuit Court, indicating, with respect
to the period covered |
by the report, the number of cases which he has handled,
the |
date on which each case was assigned, the date of termination |
of each
case which has been closed during the period, the |
disposition of each
terminated case, and the total amount of |
fees collected during the period
from each ward.
|
(l) (Blank).
|
(Source: P.A. 96-752, eff. 1-1-10; 97-1094, eff. 8-24-12.)
|
(755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
|
Sec. 18-1.1. Statutory custodial claim. Any spouse, |
parent, brother,
sister, or child of a person with a disability |
disabled person who dedicates himself or herself to the
care of |
the person with a disability disabled person by living with and |
|
personally caring for the
person with a disability disabled |
person for at least 3 years shall be entitled to a claim |
against
the estate upon the death of the person with a |
disability disabled person . The claim shall take
into |
consideration the claimant's lost employment opportunities, |
lost
lifestyle opportunities, and emotional distress |
experienced as a result of
personally caring for the person |
with a disability disabled person . Notwithstanding the |
statutory claim amounts stated in this Section, a court may |
reduce an amount to the extent that the living arrangements |
were intended to and did in fact also provide a physical or |
financial benefit to the claimant. The factors a court may |
consider in determining whether to reduce a statutory custodial |
claim amount may include but are not limited to: (i) the free |
or low cost of housing provided to the claimant; (ii) the |
alleviation of the need for the claimant to be employed full |
time; (iii) any financial benefit provided to the claimant; |
(iv) the personal care received by the claimant from the |
decedent or others; and (v) the proximity of the care provided |
by the claimant to the decedent to the time of the decedent's |
death. The claim shall be in addition
to any other claim, |
including without limitation a reasonable claim for
nursing and |
other care. The claim shall be based upon the nature and
extent |
of the person's disability and, at a minimum but subject to the
|
extent of the assets available, shall be in the amounts set |
forth below:
|
|
1. 100% disability, $180,000
|
2. 75% disability, $135,000
|
3. 50% disability, $90,000
|
4. 25% disability, $45,000
|
(Source: P.A. 95-315, eff. 1-1-08.)
|
(755 ILCS 5/18-8) (from Ch. 110 1/2, par. 18-8)
|
Sec. 18-8.
Claim of representative or his
attorney.) If a |
representative or the representative's
attorney has a claim |
against the estate, that
person must file a claim as other
|
persons and the court may appoint a special administrator to |
appear and
defend for the estate.
The court may permit the |
special administrator to prosecute or defend an appeal
from the
|
allowance or disallowance of the claim.
In the administration |
of the a disabled person's estate of a person with a |
disability , notice of the claim of a
representative or his or |
her attorney shall be given by mail or in person to
the
ward |
and to all other representatives of the ward's person or |
estate, within 10
days of filing.
|
(Source: P.A. 89-396, eff. 8-20-95.)
|
(755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
|
Sec. 23-2. Removal.
|
(a) On petition of any interested person or on
the court's |
own motion, the court may remove a representative if:
|
(1) the representative is acting under letters secured |
|
by false
pretenses;
|
(2) the representative is adjudged a person subject to |
involuntary
admission under the
Mental Health and |
Developmental Disabilities Code or is adjudged a person |
with a disability a disabled
person ;
|
(3) the representative is convicted of a felony;
|
(4) the representative wastes or mismanages the |
estate;
|
(5) the representative conducts himself or herself in |
such a manner as
to endanger any
co-representative or the |
surety on the representative's bond;
|
(6) the representative fails to give sufficient bond or |
security,
counter security or a
new bond, after being |
ordered by the court to do so;
|
(7) the representative fails to file an inventory or |
accounting after
being ordered by
the court to do so;
|
(8) the representative conceals himself or herself so |
that process
cannot be served upon
the representative or
|
notice cannot be given to the representative;
|
(9) the representative becomes incapable of or |
unsuitable for the
discharge of the
representative's
|
duties; or
|
(10) there is other good cause.
|
(b) If the representative becomes a nonresident of the
|
United States, the court may remove the representative as such
|
representative.
|
|
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; |
91-357, eff.
7-29-99.)
|
(755 ILCS 5/26-3) |
Sec. 26-3. Effect of post-judgment motions. Unless stayed |
by the court, an order adjudicating a person as a person with a |
disability disabled and appointing a plenary, limited, or |
successor guardian pursuant to Section 11a-3, 11a-12, 11a-14, |
or 11a-15 of this Act shall not be suspended or the enforcement |
thereof stayed pending the filing and resolution of any |
post-judgment motion.
|
(Source: P.A. 97-1095, eff. 8-24-12.)
|
(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2)
|
Sec. 28-2.
Order for independent administration - notice of
|
appointment of independent administrator.) (a) Unless the |
will, if any,
expressly forbids independent administration or |
supervised
administration is required under subsection (b), |
the court shall grant
independent administration (1) when an |
order is entered appointing a
representative pursuant to a |
petition which does not request supervised
administration and |
which is filed under Section 6-2, 6-9, 6-20, 7-2,
8-2, 9-4 or |
9-6 and (2) on petition by the representative at any time or
|
times during supervised administration and such notice to |
interested
persons as the court directs. Notwithstanding any |
contrary provision of
the preceding sentence, if there is an |
|
interested person who is a minor
or person with a disability |
disabled person , the court may require supervised |
administration (or
may grant independent administration on |
such conditions as its deems
adequate to protect the ward's |
interest) whenever the court finds that
(1) the interests of |
the ward are not adequately represented by a
personal fiduciary |
acting or designated to act pursuant to Section 28-3
or by |
another party having a substantially identical interest in the
|
estate and the ward is not represented by a guardian of his |
estate and
(2) supervised administration is necessary to |
protect the ward's
interests. When independent administration |
is granted, the independent
representative shall include with
|
each notice required to be mailed to heirs or legatees under |
Section 6-10
or Section 9-5 an explanation of the rights of
|
heirs and legatees
under this Article and the form of petition |
which may be used to terminate
independent administration under |
subsection 28-4(a). The form and substance
of the notice of |
rights and the petition to terminate shall be prescribed
by |
rule of the Supreme Court of this State. Each order granting |
independent
administration and the letters shall state that the
|
representative is appointed
as independent executor or |
independent administrator, as the case may be.
The independent |
representative shall file
proof of mailing with the clerk of |
the court.
|
(b) If an interested person objects to the grant of |
independent administration
under subsection (a), the court |
|
shall require supervised
administration, except:
|
(1) If the will, if any, directs independent |
administration, supervised
administration shall be required |
only if the court finds
there is good cause to require |
supervised administration.
|
(2) If the objector is a creditor or a legatee other than a
|
residuary legatee, supervised administration shall be required |
only if
the court finds it is necessary to protect the |
objector's interest, and
instead of ordering supervised |
administration, the court may require
such other action as it |
deems adequate to protect the objector's
interest.
|
(Source: P.A. 84-555; 84-690.)
|
(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)
|
Sec. 28-3.
Protection of persons under disability during |
independent
administration.) (a) A personal fiduciary acting |
pursuant to this Article
has full power and the responsibility |
to protect the interests of his ward
during independent |
administration and to do all acts necessary or appropriate
for |
that purpose which the ward might do if not under disability. |
Approval
of any act of the independent representative or of his |
final report by the
personal fiduciary, or failure of the |
personal fiduciary to object after
notice pursuant to this |
Article, binds the ward. Unless the ward is bound
under the |
preceding sentence, the independent representative is |
accountable
to the ward for damages incurred as a consequence |
|
of willful default by
the independent representative until the |
expiration of a period of 6 months
after the ward's disability |
is removed, and any action must be commenced
before the |
expiration of that period. Upon the entry of an order pursuant
|
to Section 28-4 terminating independent administration status, |
the personal
fiduciary's powers and responsibility for |
continuing to protect the ward's
interest terminate. The fact |
that a personal fiduciary is acting does not
limit the right of |
any person as next friend of the ward to inform the court
of |
any circumstances that may adversely affect the ward's |
interests in the estate.
|
(b) The following persons are entitled to act as personal |
fiduciary for
a ward in the order of preference indicated:
|
(1) The representative of the ward's estate acting in |
Illinois or, if
none, the representative of the ward's estate |
acting in any other jurisdiction.
|
(2) The person designated as personal fiduciary in the |
decedent's will, if any.
|
(3) The person designated as personal fiduciary by the |
independent
representative in a petition for letters of office |
or other instrument
filed with the clerk of the court.
|
No person may act as personal fiduciary who is a minor or |
person with a disability disabled person ,
who has been |
convicted of a felony or whose interests conflict
with the |
ward's interests in the decedent's estate.
A personal fiduciary |
designated under subparagraph (3) above shall be a spouse,
|
|
descendant, parent, grandparent, brother, sister, uncle or |
aunt of the ward,
a guardian of the person of the ward or a |
party having an interest in the
estate substantially identical |
to that of the ward. The responsibility
of a personal fiduciary |
begins on delivery of his written acceptance of
the office to |
the independent representative. Any personal fiduciary may
|
refuse to act or may resign at any time by instrument delivered |
to the
independent representative. When a personal fiduciary |
has been appointed
and there is a change of personal fiduciary |
or a vacancy in that office,
the independent representative |
shall inform the court; and the court may
designate any |
suitable person as personal fiduciary when there is a vacancy
|
that has not been filled by the independent representative in |
accordance
with this Section 28-3.
|
(c) A personal fiduciary is entitled to such reasonable |
compensation for
his services as may be approved by the |
independent representative or, in
the absence of approval, as |
may be fixed by the court, to be paid out of
the estate as an |
expense of administration.
|
(d) A personal fiduciary is liable to the ward only for |
willful default
and not for errors in judgment.
|
(Source: P.A. 85-692.)
|
(755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10)
|
Sec. 28-10.
Distribution.) (a) If it appears to the |
independent
representative that there are sufficient assets to |
|
pay all claims, the
independent representative may at any time |
or times distribute the estate
to the persons entitled thereto. |
As a condition of any distribution, the
independent |
representative may require the distributee to give him a
|
refunding bond in any amount the independent representative |
deems
reasonable, with surety approved by the independent |
representative or
without surety. If the distribution is made |
before the expiration of the
period when claims are barred |
under Section 18-12, the independent
representative must |
require the distributee to give him a refunding bond as
|
provided in Section 24-4. If the estate includes an interest in |
real
estate that has not been sold by the independent |
representative, the
independent representative must record and |
deliver to the persons entitled
thereto an instrument which |
contains the legal description of the real estate
and releases |
the estate's interest.
|
(b) If abatement or equalization of legacies pursuant to |
subsection 24-3(b)
or (c) is required, the independent |
representative shall determine the amount
of the respective |
contributions, the manner in which they are paid and whether
|
security is required.
|
(c) If it appears to the independent representative that |
the value of
the estate of the decedent remaining after payment |
of 1st class claims does
not exceed the amount of the surviving |
spouse's and child's awards due,
the independent |
representative may deliver the personal estate to the persons
|
|
entitled to the awards and close the estate as provided in |
Section 28-11,
without waiting until the expiration of the |
period when claims are barred
under Section 18-12.
|
(d) If property distributed in kind, or a security interest |
therein, is
acquired in good faith by a purchaser or lender for |
value from a distributee
(or from the successors in interest to |
a distributee) who has received physical
delivery or an |
assignment, deed, release or other instrument of distribution
|
from an independent representative, the purchaser or lender |
takes title
free of the rights of all persons having an |
interest in the estate and incurs
no liability to the estate, |
whether or not the distribution was proper.
|
(e) If a distributee is a minor or a person with a |
disability disabled person , the independent
representative may |
make distribution to the ward's representative, if any,
to a |
custodian for the ward under the Illinois Uniform Transfers to |
Minors
Act or the corresponding statute of any other state in |
which the ward or the
custodian resides, by deposit or |
investment of the ward's property subject
to court order under |
Section 24-21 or in any other manner authorized by law.
|
(Source: P.A. 84-1308.)
|
Section 965. The Illinois Power of Attorney Act is amended |
by changing Sections 2-3, 2-6, 3-3, and 4-1 as follows:
|
(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)
|
|
Sec. 2-3. Definitions. As used in this Act:
|
(a) "Agency" means the written power of attorney or other |
instrument of
agency governing the relationship between the |
principal and agent or the
relationship, itself, as appropriate |
to the context, and includes agencies
dealing with personal or |
health care as well as property. An agency is
subject to this |
Act to the extent it may be controlled by the principal,
|
excluding agencies and powers for the benefit of the agent.
|
(b) "Agent" means the attorney-in-fact or other person |
designated to act
for the principal in the agency.
|
(c) " Person with a disability Disabled person " has the same |
meaning as in the "Probate Act of
1975", as now or hereafter |
amended. To be under a "disability" or
"disabled" means to be a |
person with a disability disabled person .
|
(c-5) "Incapacitated", when used to describe a principal, |
means that the principal is under a legal disability as defined |
in Section 11a-2 of the Probate Act of 1975. A principal shall |
also be considered incapacitated if: (i) a physician licensed |
to practice medicine in all of its branches has examined the |
principal and has determined that the principal lacks decision |
making capacity; (ii) that physician has made a written record |
of this determination and has signed the written record within |
90 days after the examination; and (iii) the written record has |
been delivered to the agent. The agent may rely conclusively on |
the written record. |
(d) "Person" means an individual, corporation, trust, |
|
partnership or
other entity, as appropriate to the agency.
|
(e) "Principal" means an individual (including, without |
limitation, an
individual acting as trustee, representative or |
other fiduciary) who signs
a power of attorney or other |
instrument of agency granting powers to an agent.
|
(Source: P.A. 96-1195, eff. 7-1-11 .)
|
(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)
|
Sec. 2-6. Effect of disability-divorce. (a) All acts of the |
agent
within the scope of the agency during any period of |
disability, incapacity
or incompetency of the principal have |
the same effect and inure to the
benefit of and bind the |
principal and his or her successors in interest as
if the |
principal were competent and not a person with a disability |
disabled .
|
(b) If a court enters a judgement of dissolution of |
marriage or legal
separation between the principal and his or |
her spouse after the agency is
signed, the spouse shall be |
deemed to have died at the time of the judgment
for all |
purposes of the agency.
|
(Source: P.A. 85-701.)
|
(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
|
Sec. 3-3. Statutory short form power of attorney for |
property. |
(a) The
form prescribed in this Section may be known as |
|
"statutory property power" and may be used
to grant an agent |
powers with respect to property and financial matters.
The |
"statutory property power" consists of the following: (1) |
Notice to the Individual Signing the Illinois Statutory Short |
Form Power of Attorney for Property; (2) Illinois Statutory |
Short Form Power of Attorney for Property; and (3) Notice to |
Agent. When a power of attorney in substantially the form |
prescribed in this Section is used,
including all 3 items |
above, with item (1), the Notice to Individual Signing the |
Illinois Statutory Short Form Power of Attorney for Property, |
on a separate sheet (coversheet) in 14-point type and
the |
notarized form of acknowledgment at the end, it shall have the |
meaning
and effect prescribed in this Act. |
(b) A power of attorney shall also be deemed to be in |
substantially the same format as the statutory form if the |
explanatory language throughout the form (the language |
following the designation "NOTE:") is distinguished in some way |
from the legal paragraphs in the form, such as the use of |
boldface or other difference in typeface and font or point |
size, even if the "Notice" paragraphs at the beginning are not |
on a separate sheet of paper or are not in 14-point type, or if |
the principal's initials do not appear in the acknowledgement |
at the end of the "Notice" paragraphs. |
The validity of a power of attorney as
meeting the |
requirements of a statutory property power shall not be
|
affected by the fact that one or more of the categories of |
|
optional powers
listed in the form are struck out or the form |
includes specific
limitations on or additions to the agent's |
powers, as permitted by the
form. Nothing in this Article shall |
invalidate or bar use by the
principal of any other or |
different form of power of attorney for property.
Nonstatutory |
property powers (i) must be executed by the principal, (ii) |
must
designate the agent and the agent's powers, (iii) must be |
signed by at least one witness to the principal's signature, |
and (iv) must indicate that the principal has acknowledged his |
or her signature before a notary public. However, nonstatutory |
property powers need not
conform in any other respect to the |
statutory property power.
|
(c) The Notice to the Individual Signing the Illinois |
Statutory Short Form Power of Attorney for Property shall be |
substantially as follows:
|
"NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS |
STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.
|
PLEASE READ THIS NOTICE CAREFULLY. The form that you will |
be signing is a legal document. It is governed by the Illinois |
Power of Attorney Act. If there is anything about this form |
that you do not understand, you should ask a lawyer to explain |
it to you. |
The purpose of this Power of Attorney is to give your |
designated "agent" broad powers to handle your financial |
|
affairs, which may include the power to pledge, sell, or |
dispose of any of your real or personal property, even without |
your consent or any advance notice to you. When using the |
Statutory Short Form, you may name successor agents, but you |
may not name co-agents. |
This form does not impose a duty upon your agent to handle |
your financial affairs, so it is important that you select an |
agent who will agree to do this for you. It is also important |
to select an agent whom you trust, since you are giving that |
agent control over your financial assets and property. Any |
agent who does act for you has a duty to act in good faith for |
your benefit and to use due care, competence, and diligence. He |
or she must also act in accordance with the law and with the |
directions in this form. Your agent must keep a record of all |
receipts, disbursements, and significant actions taken as your |
agent. |
Unless you specifically limit the period of time that this |
Power of Attorney will be in effect, your agent may exercise |
the powers given to him or her throughout your lifetime, both |
before and after you become incapacitated. A court, however, |
can take away the powers of your agent if it finds that the |
agent is not acting properly. You may also revoke this Power of |
Attorney if you wish. |
This Power
of Attorney does not authorize your agent to |
appear in court for you as an attorney-at-law or otherwise to |
engage in the practice of law unless he or she is a licensed |
|
attorney who is authorized to practice law in Illinois. |
The powers you give your agent are explained more fully in |
Section 3-4 of the Illinois Power of Attorney Act. This form is |
a part of that law. The "NOTE" paragraphs throughout this form |
are instructions. |
You are not required to sign this Power of Attorney, but it |
will not take effect without your signature. You should not |
sign this Power of Attorney if you do not understand everything |
in it, and what your agent will be able to do if you do sign it.
|
Please place your initials on the following line indicating |
that you have read this Notice: |
.....................
|
Principal's initials"
|
(d) The Illinois Statutory Short Form Power of Attorney for |
Property shall be substantially as follows:
|
"ILLINOIS STATUTORY SHORT FORM |
POWER OF ATTORNEY FOR PROPERTY
|
1. I, ..............., (insert name and address of |
principal)
hereby revoke all prior powers of attorney for |
property executed by me and appoint:
|
.............................................................
|
(insert name and address of agent)
|
|
(NOTE: You may not name co-agents using this form.) |
as my attorney-in-fact (my "agent") to act for me and in my |
name (in any
way I could act in person) with respect to the |
following powers, as defined
in Section 3-4 of the "Statutory |
Short Form Power of Attorney for Property Law"
(including all |
amendments), but subject to any limitations on or additions
to |
the specified powers inserted in paragraph 2 or 3 below:
|
(NOTE: You must strike out any one or more of the following |
categories of
powers you do not want your agent to have. |
Failure to strike the title
of any category will cause the |
powers described in that category to be
granted to the agent. |
To strike out a category you must draw a line
through the title |
of that category.)
|
(a) Real estate transactions.
|
(b) Financial institution transactions.
|
(c) Stock and bond transactions.
|
(d) Tangible personal property transactions.
|
(e) Safe deposit box transactions.
|
(f) Insurance and annuity transactions.
|
(g) Retirement plan transactions.
|
(h) Social Security, employment and military service |
benefits.
|
(i) Tax matters.
|
(j) Claims and litigation.
|
(k) Commodity and option transactions.
|
|
(l) Business operations.
|
(m) Borrowing transactions.
|
(n) Estate transactions.
|
(o) All other property transactions.
|
(NOTE: Limitations on and additions to the agent's powers may |
be included in this power of attorney if they are specifically |
described below.)
|
2. The powers granted above shall not include the following |
powers or
shall be modified or limited in the following |
particulars: |
(NOTE: Here you may
include any specific limitations you deem |
appropriate, such as a
prohibition or conditions on the sale of |
particular stock or real estate or
special rules on borrowing |
by the agent.)
|
.............................................................
|
.............................................................
|
.............................................................
|
.............................................................
|
.............................................................
|
3. In addition to the powers granted above, I grant my |
agent the
following powers: |
(NOTE: Here you may add any other delegable powers including,
|
without limitation, power to make gifts, exercise powers of |
appointment,
name or change beneficiaries or joint tenants or |
revoke or amend any trust
specifically referred to below.)
|
.............................................................
|
|
.............................................................
|
.............................................................
|
.............................................................
|
.............................................................
|
(NOTE: Your agent will have authority to employ other persons |
as necessary to enable the agent to properly exercise the |
powers granted in this form, but your agent will have to make |
all discretionary decisions. If you want to give your agent the |
right to delegate discretionary decision-making powers to |
others, you should keep paragraph 4, otherwise it should be |
struck out.)
|
4. My agent shall have the right by written instrument to |
delegate any
or all of the foregoing powers involving |
discretionary decision-making to
any person or persons whom my |
agent may select, but such delegation may be
amended or revoked |
by any agent (including any successor) named by me who
is |
acting under this power of attorney at the time of reference.
|
(NOTE: Your agent will be entitled to reimbursement for all |
reasonable expenses incurred in acting under this power of |
attorney. Strike out paragraph 5 if you do not want your agent |
to also be entitled to reasonable compensation for services as |
agent.)
|
5. My agent shall be entitled to reasonable compensation |
for services
rendered as agent under this power of attorney.
|
(NOTE: This power of attorney may be amended or revoked by you |
at any time and in any manner. Absent amendment or revocation, |
|
the authority granted in this power of attorney will become |
effective at the time this power is signed and will continue |
until your death, unless a limitation on the beginning date or |
duration is made by initialing and completing one or both of |
paragraphs 6 and 7:)
|
6. ( ) This power of attorney shall become effective on
|
.............................................................
|
(NOTE: Insert a future date or event during your lifetime, such |
as a court
determination of your disability or a written |
determination by your physician that you are incapacitated, |
when you want this power to first take effect.)
|
7. ( ) This power of attorney shall terminate on
|
.............................................................
|
(NOTE: Insert a future date or event, such as a court |
determination that you are not under a legal disability or a |
written determination by your physician that you are not |
incapacitated, if you want this power to terminate prior to |
your death.)
|
(NOTE: If you wish to name one or more successor agents, insert |
the name and address of each successor agent in paragraph 8.)
|
8. If any agent named by me shall die, become incompetent, |
resign
or refuse to accept the office of agent, I name the |
following
(each to act alone and successively,
in the order |
named) as successor(s) to such agent:
|
.............................................................
|
.............................................................
|
|
For purposes of this paragraph 8, a person shall be considered |
to be
incompetent if and while the person is a minor or an |
adjudicated
incompetent or a person with a disability disabled |
person or the person is unable to give prompt and
intelligent |
consideration to business matters, as certified by a licensed |
physician.
|
(NOTE: If you wish to, you may name your agent as guardian of |
your estate if a court decides that one should be appointed. To |
do this, retain paragraph 9, and the court will appoint your |
agent if the court finds that this appointment will serve your |
best interests and welfare. Strike out paragraph 9 if you do |
not want your agent to act as guardian.)
|
9. If a guardian of my estate (my property) is to be |
appointed, I
nominate the agent acting under this power of |
attorney as such guardian,
to serve without bond or security.
|
10. I am fully informed as to all the contents of this form |
and
understand the full import of this grant of powers to my |
agent.
|
(NOTE: This form does not authorize your agent to appear in |
court for you as an attorney-at-law or otherwise to engage in |
the practice of law unless he or she is a licensed attorney who |
is authorized to practice law in Illinois.) |
11. The Notice to Agent is incorporated by reference and |
included as part of this form. |
Dated: ................ |
Signed ..........................................
|
|
(principal)
|
(NOTE: This power of attorney will not be effective unless it |
is signed by at least one witness and your signature is |
notarized, using the form below. The notary may not also sign |
as a witness.)
|
The undersigned witness certifies that ..............., known |
to me to be
the same person whose name is subscribed as |
principal to the foregoing power of
attorney, appeared before |
me and the notary public and acknowledged signing and
|
delivering the instrument as the free and voluntary act of the |
principal, for
the
uses and purposes therein set forth. I |
believe him or her to be of sound mind
and memory. The |
undersigned witness also certifies that the witness is not: (a) |
the attending physician or mental health service provider or a |
relative of the physician or provider; (b) an owner, operator, |
or relative of an owner or operator of a health care facility |
in which the principal is a patient or resident; (c) a parent, |
sibling, descendant, or any spouse of such parent, sibling, or |
descendant of either the principal or any agent or successor |
agent under the foregoing power of attorney, whether such |
relationship is by blood, marriage, or adoption; or (d) an |
agent or successor agent under the foregoing power of attorney.
|
Dated: ................
|
..............................
|
|
Witness
|
(NOTE: Illinois requires only one witness, but other |
jurisdictions may require more than one witness. If you wish to |
have a second witness, have him or her certify and sign here:)
|
(Second witness) The undersigned witness certifies that |
................, known to me to be the same person whose name |
is subscribed as principal to the foregoing power of attorney, |
appeared before me and the notary public and acknowledged |
signing and delivering the instrument as the free and voluntary |
act of the principal, for the uses and purposes therein set |
forth. I believe him or her to be of sound mind and memory. The |
undersigned witness also certifies that the witness is not: (a) |
the attending physician or mental health service provider or a |
relative of the physician or provider; (b) an owner, operator, |
or relative of an owner or operator of a health care facility |
in which the principal is a patient or resident; (c) a parent, |
sibling, descendant, or any spouse of such parent, sibling, or |
descendant of either the principal or any agent or successor |
agent under the foregoing power of attorney, whether such |
relationship is by blood, marriage, or adoption; or (d) an |
agent or successor agent under the foregoing power of attorney. |
Dated: ....................... |
..............................
|
Witness
|
|
State of ............)
|
) SS.
|
County of ...........)
|
The undersigned, a notary public in and for the above |
county and state,
certifies that ......................., |
known to me to be the same person
whose name is subscribed as |
principal to the foregoing power of attorney,
appeared before |
me and the witness(es) ............. (and ..............) in |
person and acknowledged
signing and delivering the
instrument |
as the free and voluntary act of the principal, for the uses |
and
purposes therein set forth (, and certified to the |
correctness of the
signature(s) of the agent(s)).
|
Dated: ................
|
..............................
|
Notary Public
|
My commission expires .................
|
(NOTE: You may, but are not required to, request your agent and |
successor agents to provide specimen signatures below. If you |
include specimen signatures in this power of attorney, you must |
complete the certification opposite the signatures of the |
agents.)
|
Specimen signatures of I certify that the signatures
|
agent (and successors) of my agent (and successors)
|
|
are genuine.
|
.......................... .............................
|
(agent) (principal)
|
.......................... .............................
|
(successor agent) (principal)
|
.......................... .............................
|
(successor agent) (principal)
|
(NOTE: The name, address, and phone number of the person |
preparing this form or who assisted the principal in completing |
this form should be inserted below.)
|
Name: ....................... |
Address: .................... |
.............................. |
.............................. |
Phone: .................... "
|
(e) Notice to Agent. The following form may be known as |
"Notice to Agent" and shall be supplied to an agent appointed |
under a power of attorney for property.
|
"NOTICE TO AGENT |
When you accept the authority granted under this power of |
attorney a special legal relationship, known as agency, is |
created between you and the principal. Agency imposes upon you |
duties that continue until you resign or the power of attorney |
|
is terminated or revoked. |
As agent you must: |
(1) do what you know the principal reasonably expects |
you to do with the principal's property; |
(2) act in good faith for the best interest of the |
principal, using due care, competence, and diligence; |
(3) keep a complete and detailed record of all |
receipts, disbursements, and significant actions conducted |
for the principal; |
(4) attempt to preserve the principal's estate plan, to |
the extent actually known by the agent, if preserving the |
plan is consistent with the principal's best interest; and |
(5) cooperate with a person who has authority to make |
health care decisions for the principal to carry out the |
principal's reasonable expectations to the extent actually |
in the principal's best interest. |
As agent you must not do any of the following: |
(1) act so as to create a conflict of interest that is |
inconsistent with the other principles in this Notice to |
Agent; |
(2) do any act beyond the authority granted in this |
power of attorney; |
(3) commingle the principal's funds with your funds; |
(4) borrow funds or other property from the principal, |
unless otherwise authorized; |
(5) continue acting on behalf of the principal if you |
|
learn of any event that terminates this power of attorney |
or your authority under this power of attorney, such as the |
death of the principal, your legal separation from the |
principal, or the dissolution of your marriage to the |
principal. |
If you have special skills or expertise, you must use those |
special skills and expertise when acting for the principal. You |
must disclose your identity as an agent whenever you act for |
the principal by writing or printing the name of the principal |
and signing your own name "as Agent" in the following manner: |
"(Principal's Name) by (Your Name) as Agent" |
The meaning of the powers granted to you is contained in |
Section 3-4 of the Illinois Power of Attorney Act, which is |
incorporated by reference into the body of the power of |
attorney for property document. |
If you violate your duties as agent or act outside the |
authority granted to you, you may be liable for any damages, |
including attorney's fees and costs, caused by your violation. |
If there is anything about this document or your duties |
that you do not understand, you should seek legal advice from |
an attorney."
|
(f) The requirement of the signature of a witness in |
addition to the principal and the notary, imposed by Public Act |
91-790, applies only to instruments executed on or after June |
9, 2000 (the effective date of that Public Act). |
|
(NOTE: This amendatory Act of the 96th General Assembly deletes |
provisions that referred to the one required witness as an |
"additional witness", and it also provides for the signature of |
an optional "second witness".)
|
(Source: P.A. 96-1195, eff. 7-1-11 .)
|
(755 ILCS 45/4-1) (from Ch. 110 1/2, par. 804-1)
|
Sec. 4-1. Purpose. The General Assembly recognizes the |
right of the
individual to control all aspects of his or her |
personal care and medical
treatment, including the right to |
decline medical treatment or to direct
that it be withdrawn, |
even if death ensues. The right of the individual to
decide |
about personal care overrides the obligation of the physician |
and
other health care providers to render care or to preserve |
life and health.
|
However, if the individual becomes a person with a |
disability disabled , her or his right to control
treatment may |
be denied unless the individual, as principal, can delegate
the |
decision making power to a trusted agent and be sure that the |
agent's
power to make personal and health care decisions for |
the principal will be
effective to the same extent as though |
made by the principal.
|
The Illinois statutory recognition of the right of |
delegation for health
care purposes needs to be restated to |
make it clear that its scope is
intended to be as broad as the |
comparable right of delegation for property
and financial |
|
matters. However, the General Assembly recognizes that
powers |
concerning life and death and the other issues involved in |
health
care agencies are more sensitive than property matters |
and that particular
rules and forms are necessary for health |
care agencies to insure their
validity and efficacy and to |
protect health care providers so that they
will honor the |
authority of the agent at all times. For purposes of
emphasis |
and their particular application to health care, the General
|
Assembly restates the purposes and public policy announced in |
Article II,
Section 2-1 of this Act as if those purposes and |
public policies were set
forth verbatim in this Section.
|
In furtherance of these purposes, the General Assembly |
adopts this Article,
setting forth general principles |
governing health care agencies and a statutory
short form power |
of attorney for health care, intending that when a power
in |
substantially the form set forth in this Article is used, |
health care
providers and other third parties who rely in good |
faith on the acts and
decisions of the agent within the scope |
of the power may do so without fear
of civil or criminal |
liability to the principal, the State or any other
person. |
However, the form of health care agency in this Article is not
|
intended to be exclusive and other forms of powers of attorney |
chosen by
the principal that comply with Section 4-5 of this |
Article may offer powers and
protection similar to the |
statutory short form power of attorney for health care.
|
(Source: P.A. 85-1395.)
|
|
Section 970. The Trusts and Trustees Act is amended by |
changing Sections 15, 15.1, 16.1, and 16.4 as follows:
|
(760 ILCS 5/15) (from Ch. 17, par. 1685)
|
Sec. 15.
Minor or
person with a disability disabled |
person -Authority of Representative.
The representative of the |
estate of a beneficiary under legal disability
or a spouse, |
parent, adult child, or guardian of the person of a
beneficiary |
for whose estate no representative has been appointed, may act
|
for the beneficiary in receiving and approving any account of |
the trustee
appointing a successor trustee and executing any |
receipt and receiving any
notice from the trustee.
|
(Source: P.A. 82-354.)
|
(760 ILCS 5/15.1) (from Ch. 17, par. 1685.1)
|
Sec. 15.1. Trust for a beneficiary with a disability |
disabled beneficiary . A discretionary trust for
the benefit of |
an individual who has a disability that substantially
impairs |
the individual's ability to provide for his or her own care or
|
custody and constitutes a substantial disability handicap |
shall not be liable to pay
or reimburse the State or any public |
agency for financial aid or services
to the individual except |
to the extent the trust was created by the
individual or trust |
property has been distributed directly to or is
otherwise under |
the control of the individual, provided that such exception
|
|
shall not apply to a trust created with the disabled |
individual's
own property of the individual with a disability |
or property within his or her control if the trust complies |
with
Medicaid reimbursement requirements of
federal law.
|
Notwithstanding any other provisions to the contrary, a trust |
created with
the disabled individual's own property of the |
individual with a disability or property within his or her |
control
shall be liable, after reimbursement of Medicaid |
expenditures, to the State for
reimbursement of any other |
service charges outstanding at the death of the
individual with |
a disability disabled individual .
Property, goods and services
|
purchased or owned by a trust for and used or consumed by a |
beneficiary with a disability disabled
beneficiary shall not be |
considered trust property distributed to or under
the control |
of the beneficiary. A discretionary trust is one in which the
|
trustee has discretionary power to determine distributions to |
be made
under the trust.
|
(Source: P.A. 89-205, eff. 1-1-96.)
|
(760 ILCS 5/16.1)
|
Sec. 16.1. Virtual representation.
|
(a) Representation by a beneficiary with a substantially |
similar interest, by the primary beneficiaries and by others. |
(1) To the extent there is no conflict of interest |
between the representative and the represented beneficiary |
with respect to the particular question or dispute, a |
|
beneficiary who is a minor or a beneficiary with a |
disability or an disabled or unborn beneficiary, or a |
beneficiary whose identity or location is unknown and not |
reasonably ascertainable (hereinafter referred to as an |
"unascertainable beneficiary"), may for all purposes be |
represented by and bound by another beneficiary having a |
substantially similar interest with respect to the |
particular question or dispute; provided, however, that |
the represented beneficiary is not otherwise represented |
by a guardian or agent in accordance with subdivision |
(a)(4) or by a parent in accordance with subdivision |
(a)(5). |
(2) If all primary beneficiaries of a trust either have |
legal capacity or have representatives in accordance with |
this subsection (a) who have legal capacity, the actions of |
such primary beneficiaries, in each case either by the |
beneficiary or by the beneficiary's representative, shall |
represent and bind all other beneficiaries who have a |
successor, contingent, future, or other interest in the |
trust. |
(3) For purposes of this Act: |
(A) "Primary beneficiary" means a beneficiary of a |
trust who as of the date of determination is either: |
(i) currently eligible to receive income or principal |
from the trust, or (ii) a presumptive remainder |
beneficiary. |
|
(B) "Presumptive remainder beneficiary" means a |
beneficiary of a trust, as of the date of determination |
and assuming nonexercise of all powers of appointment, |
who either: (i) would be eligible to receive a |
distribution of income or principal if the trust |
terminated on that date, or (ii) would be eligible to |
receive a distribution of income or principal if the |
interests of all beneficiaries currently eligible to |
receive income or principal from the trust ended on |
that date without causing the trust to terminate. |
(C) " Person with a disability" Disabled person" as |
of any date means either a person with a disability |
disabled person within the meaning of Section 11a-2 of |
the Probate Act of 1975 or a person who, within the 365 |
days immediately preceding that date, was examined by a |
licensed physician who determined that the person |
lacked the capacity to make prudent financial |
decisions, and the physician made a written record of |
the physician's determination and signed the written |
record within 90 days after the examination. |
(D) A person has legal capacity unless the person |
is a minor or a person with a disability disabled |
person . |
(4) If a trust beneficiary is represented by a court |
appointed guardian of the estate or, if none, guardian of |
the person, the guardian shall represent and bind the |
|
beneficiary. If a trust beneficiary is a person with a |
disability disabled person , an agent under a power of |
attorney for property who has authority to act with respect |
to the particular question or dispute and who does not have |
a conflict of interest with respect to the particular |
question or dispute may represent and bind the principal. |
An agent is deemed to have such authority if the power of |
attorney grants the agent the power to settle claims and to |
exercise powers with respect to trusts and estates, even if |
the powers do not include powers to make a will, to revoke |
or amend a trust, or to require the trustee to pay income |
or principal. Absent a court order pursuant to the Illinois |
Power of Attorney Act directing a guardian to exercise |
powers of the principal under an agency that survives |
disability, an agent under a power of attorney for property |
who in accordance with this subdivision has authority to |
represent and bind a principal with a disability disabled |
principal takes precedence over a court appointed guardian |
unless the court specifies otherwise. This subdivision |
applies to all agencies, whenever and wherever executed. |
(5) If a trust beneficiary is a minor or a person with |
a disability or an disabled or unborn person and is not |
represented by a guardian or agent in accordance with |
subdivision (a)(4), then a parent of the beneficiary may |
represent and bind the beneficiary, provided that there is |
no conflict of interest between the represented person and |
|
either of the person's parents with respect to the |
particular question or dispute. If a disagreement arises |
between parents who otherwise qualify to represent a child |
in accordance with this subsection (a) and who are seeking |
to represent the same child, the parent who is a lineal |
descendant of the settlor of the trust that is the subject |
of the representation is entitled to represent the child; |
or if none, the parent who is a beneficiary of the trust is |
entitled to represent the child. |
(6) A guardian, agent or parent who is the |
representative for a beneficiary under subdivision (a)(4) |
or (a)(5) may, for all purposes, represent and bind any |
other beneficiary who is a minor or a beneficiary with a |
disability or an disabled, unborn , or unascertainable |
beneficiary who has an interest, with respect to the |
particular question or dispute, that is substantially |
similar to the interest of the beneficiary represented by |
the representative, but only to the extent that there is no |
conflict of interest between the beneficiary represented |
by the representative and the other beneficiary with |
respect to the particular question or dispute; provided, |
however, that the other beneficiary is not otherwise |
represented by a guardian or agent in accordance with |
subdivision (a)(4) or by a parent in accordance with |
subdivision (a)(5). |
(7) The action or consent of a representative who may |
|
represent and bind a beneficiary in accordance with this |
Section is binding on the beneficiary represented, and |
notice or service of process to the representative has the |
same effect as if the notice or service of process were |
given directly to the beneficiary represented. |
(8) Nothing in this Section limits the discretionary |
power of a court in a judicial proceeding to appoint a |
guardian ad litem for any beneficiary who is a minor, |
beneficiary who has a disability, unborn beneficiary, or |
unascertainable beneficiary minor, disabled, unborn, or |
unascertainable beneficiary with respect to a particular |
question or dispute, but appointment of a guardian ad litem |
need not be considered and is not necessary if such |
beneficiary is otherwise represented in accordance with |
this Section. |
(b) Total return trusts. This Section shall apply to enable |
conversion to a total return trust by agreement in accordance |
with subsection (b) of Section 5.3 of this Act, by agreement |
between the trustee and all primary beneficiaries of the trust, |
in each case either by the beneficiary or by the beneficiary's |
representative in accordance with this Section. |
(c) Representation of charity. If a trust provides a |
beneficial interest or expectancy for one or more charities or |
charitable purposes that are not specifically named or |
otherwise represented (the "charitable interest"), the |
Illinois Attorney General may, in accordance with this Section, |
|
represent, bind, and act on behalf of the charitable interest |
with respect to any particular question or dispute, including |
without limitation representing the charitable interest in a |
nonjudicial settlement agreement or in an agreement to convert |
a trust to a total return trust in accordance with subsection |
(b) of Section 5.3 of this Act. A charity that is specifically |
named as beneficiary of a trust or that otherwise has an |
express beneficial interest in a trust may act for itself. |
Notwithstanding any other provision, nothing in this Section |
shall be construed to limit or affect the Illinois Attorney |
General's authority to file an action or take other steps as he |
or she deems advisable at any time to enforce or protect the |
general public interest as to a trust that provides a |
beneficial interest or expectancy for one or more charities or |
charitable purposes whether or not a specific charity is named |
in the trust. This subsection (c) shall be construed as being |
declarative of existing law and not as a new enactment. |
(d) Nonjudicial settlement agreements. |
(1) For purposes of this Section, "interested persons" |
means the trustee and all beneficiaries, or their |
respective representatives determined after giving effect |
to the preceding provisions of this Section, whose consent |
or joinder would be required in order to achieve a binding |
settlement were the settlement to be approved by the court. |
"Interested persons" also includes a trust advisor, |
investment advisor, distribution advisor, trust protector |
|
or other holder, or committee of holders, of fiduciary or |
nonfiduciary powers, if the person then holds powers |
material to a particular question or dispute to be resolved |
or affected by a nonjudicial settlement agreement in |
accordance with this Section or by the court. |
(2) Interested persons, or their respective |
representatives determined after giving effect to the |
preceding provisions of this Section, may enter into a |
binding nonjudicial settlement agreement with respect to |
any matter involving a trust as provided in this Section. |
(3) (Blank). |
(4) The following matters may be resolved by a |
nonjudicial settlement agreement: |
(A) Validity, interpretation, or construction of |
the terms of the trust. |
(B) Approval of a trustee's report or accounting. |
(C) Exercise or nonexercise of any power by a |
trustee. |
(D) The grant to a trustee of any necessary or |
desirable administrative power, provided the grant |
does not conflict with a clear material purpose of the |
trust. |
(E) Questions relating to property or an interest |
in property held by the trust, provided the resolution |
does not conflict with a clear material purpose of the |
trust. |
|
(F) Removal, appointment, or removal and |
appointment of a trustee, trust advisor, investment |
advisor, distribution advisor, trust protector or |
other holder, or committee of holders, of fiduciary or |
nonfiduciary powers, including without limitation |
designation of a plan of succession or procedure to |
determine successors to any such office. |
(G) Determination of a trustee's compensation. |
(H) Transfer of a trust's principal place of |
administration, including without limitation to change |
the law governing administration of the trust. |
(I) Liability or indemnification of a trustee for |
an action relating to the trust. |
(J) Resolution of bona fide disputes related to |
administration, investment, distribution or other |
matters. |
(K) Modification of terms of the trust pertaining |
to administration of the trust. |
(L) Termination of the trust, provided that court |
approval of such termination must be obtained in |
accordance with subdivision (d)(5) of this Section, |
and the court must conclude continuance of the trust is |
not necessary to achieve any clear material purpose of |
the trust. The court may consider spendthrift |
provisions as a factor in making a decision under this |
subdivision, but a spendthrift provision is not |
|
necessarily a clear material purpose of a trust, and |
the court is not precluded from modifying or |
terminating a trust because the trust instrument |
contains a spendthrift provision. Upon such |
termination the court may order the trust property |
distributed as agreed by the parties to the agreement |
or otherwise as the court determines equitable |
consistent with the purposes of the trust. |
(M) Any other matter involving a trust to the |
extent the terms and conditions of the nonjudicial |
settlement agreement could be properly approved under |
applicable law by a court of competent jurisdiction. |
(4.5) If a charitable interest or a specifically named |
charity is a current beneficiary, is a presumptive |
remainder beneficiary, or has any vested interest in a |
trust, the parties to any proposed nonjudicial settlement |
agreement affecting the trust shall deliver to the Attorney |
General's Charitable Trust Bureau written notice of the |
proposed agreement at least 60 days prior to its effective |
date. The Bureau need take no action, but if it objects in |
a writing delivered to one or more of the parties prior to |
the proposed effective date, the agreement shall not take |
effect unless the parties obtain court approval. |
(5) Any beneficiary or other interested person may |
request the court to approve any part or all of a |
nonjudicial settlement agreement, including whether any |
|
representation is adequate and without conflict of |
interest, provided that the petition for such approval must |
be filed before or within 60 days after the effective date |
of the agreement. |
(6) An agreement entered into in accordance with this |
Section shall be final and binding on the trustee, on all |
beneficiaries of the trust, both current and future, and on |
all other interested persons as if ordered by a court with |
competent jurisdiction over the trust, the trust property, |
and all parties in interest. |
(7) In the trustee's sole discretion, the trustee may, |
but is not required to, obtain and rely upon an opinion of |
counsel on any matter relevant to this Section, including |
without limitation: (i) where required by this Section, |
that the agreement proposed to be made in accordance with |
this Section does not conflict with a clear material |
purpose of the trust or could be properly approved by the |
court under applicable law; (ii) in the case of a trust |
termination, that continuance of the trust is not necessary |
to achieve any clear material purpose of the trust; (iii) |
that there is no conflict of interest between a |
representative and the person represented with respect to |
the particular question or dispute; or (iv) that the |
representative and the person represented have |
substantially similar interests with respect to the |
particular question or dispute. |
|
(e) Application. On and after its effective date, this |
Section applies to all existing and future trusts, judicial |
proceedings, or agreements entered into in accordance with this |
Section on or after the effective date.
|
(f) This Section shall be construed as pertaining to the |
administration of a trust and shall be available to any trust |
that is administered in this State or that is governed by |
Illinois law with respect to the meaning and effect of its |
terms, except to the extent the governing instrument expressly |
prohibits the use of this Section by specific reference to this |
Section. A provision in the governing instrument in the form: |
"Neither the provisions of Section 16.1 of the Illinois Trusts |
and Trustees Act nor any corresponding provision of future law |
may be used in the administration of this trust", or a similar |
provision demonstrating that intent, is sufficient to preclude |
the use of this Section. |
(g) The changes made by this amendatory Act of the 98th |
General Assembly apply to all trusts in existence on the |
effective date of this amendatory Act of the 98th General |
Assembly or created after that date, and are applicable to |
judicial proceedings and nonjudicial matters involving such |
trusts. For purposes of this Section: |
(i) judicial proceedings include any proceeding before |
a court or administrative tribunal of this State and any |
arbitration or mediation proceedings; and |
(ii) nonjudicial matters include, but are not limited |
|
to, nonjudicial settlement agreements entered into in |
accordance with this Section and the grant of any consent, |
release, ratification, or indemnification. |
(Source: P.A. 98-946, eff. 1-1-15 .)
|
(760 ILCS 5/16.4) |
Sec. 16.4. Distribution of trust principal in further |
trust. |
(a) Definitions. In this Section: |
"Absolute discretion" means the right to distribute |
principal that is not limited or modified in any manner to or |
for the benefit of one or more beneficiaries of the trust, |
whether or not the term "absolute" is used. A power to |
distribute principal that includes purposes such as best |
interests, welfare, or happiness shall constitute absolute |
discretion. |
"Authorized trustee" means an entity or individual, other |
than the settlor, who has authority under the terms of the |
first trust to distribute the principal of the trust for the |
benefit of one or more current beneficiaries. |
"Code" means the United States Internal Revenue Code of |
1986, as amended from time to time, including corresponding |
provisions of subsequent internal revenue laws and |
corresponding provisions of State law. |
"Current beneficiary" means a person who is currently |
receiving or eligible to receive a distribution of principal or |
|
income from the trustee on the date of the exercise of the |
power. |
"Distribute" means the power to pay directly to the |
beneficiary of a trust or make application for the benefit of |
the beneficiary. |
"First trust" means an existing irrevocable inter vivos or |
testamentary trust part or all of the principal of which is |
distributed in further trust under subsection (c) or (d). |
"Presumptive remainder beneficiary" means a beneficiary of |
a trust, as of the date of determination and assuming |
non-exercise of all powers of appointment, who either (i) would |
be eligible to receive a distribution of income or principal if |
the trust terminated on that date, or (ii) would be eligible to |
receive a distribution of income or principal if the interests |
of all beneficiaries currently eligible to receive income or |
principal from the trust ended on that date without causing the |
trust to terminate. |
"Principal" includes the income of the trust at the time of |
the exercise of the power that is not currently required to be |
distributed, including accrued and accumulated income. |
"Second trust" means any irrevocable trust to which |
principal is distributed in accordance with subsection (c) or |
(d). |
"Successor beneficiary" means any beneficiary other than |
the current and presumptive remainder beneficiaries, but does |
not include a potential appointee of a power of appointment |
|
held by a beneficiary. |
(b) Purpose. An independent trustee who has discretion to |
make distributions to the beneficiaries shall exercise that |
discretion in the trustee's fiduciary capacity, whether the |
trustee's discretion is absolute or limited to ascertainable |
standards, in furtherance of the purposes of the trust. |
(c) Distribution to second trust if absolute discretion. An |
authorized trustee who has the absolute discretion to |
distribute the principal of a trust may distribute part or all |
of the principal of the trust in favor of a trustee of a second |
trust for the benefit of one, more than one, or all of the |
current beneficiaries of the first trust and for the benefit of |
one, more than one, or all of the successor and remainder |
beneficiaries of the first trust. |
(1) If the authorized trustee exercises the power under |
this subsection, the authorized trustee may grant a power |
of appointment (including a presently exercisable power of |
appointment) in the second trust to one or more of the |
current beneficiaries of the first trust, provided that the |
beneficiary granted a power to appoint could receive the |
principal outright under the terms of the first trust. |
(2) If the authorized trustee grants a power of |
appointment, the class of permissible appointees in favor |
of whom a beneficiary may exercise the power of appointment |
granted in the second trust may be broader than or |
otherwise different from the current, successor, and |
|
presumptive remainder beneficiaries of the first trust. |
(3) If the beneficiary or beneficiaries of the first |
trust are described as a class of persons, the beneficiary |
or beneficiaries of the second trust may include one or |
more persons of such class who become includible in the |
class after the distribution to the second trust. |
(d) Distribution to second trust if no absolute discretion. |
An authorized trustee who has the power to distribute the |
principal of a trust but does not have the absolute discretion |
to distribute the principal of the trust may distribute part or |
all of the principal of the first trust in favor of a trustee |
of a second trust, provided that the current beneficiaries of |
the second trust shall be the same as the current beneficiaries |
of the first trust and the successor and remainder |
beneficiaries of the second trust shall be the same as the |
successor and remainder beneficiaries of the first trust. |
(1) If the authorized trustee exercises the power under |
this subsection (d), the second trust shall include the |
same language authorizing the trustee to distribute the |
income or principal of a trust as set forth in the first |
trust. |
(2) If the beneficiary or beneficiaries of the first |
trust are described as a class of persons, the beneficiary |
or beneficiaries of the second trust shall include all |
persons who become includible in the class after the |
distribution to the second trust. |
|
(3) If the authorized trustee exercises the power under |
this subsection (d) and if the first trust grants a power |
of appointment to a beneficiary of the trust, the second |
trust shall grant such power of appointment in the second |
trust and the class of permissible appointees shall be the |
same as in the first trust. |
(4) Supplemental Needs Trusts. |
(i) Notwithstanding the other provisions of this |
subsection (d), the authorized trustee may distribute |
part or all of the principal of the interest of a |
beneficiary who has a disability a disabled |
beneficiary's interest in the first trust in favor of a |
trustee of a second trust which is a supplemental needs |
trust if the authorized trustee determines that to do |
so would be in the best interests of the beneficiary |
who has a disability disabled beneficiary . |
(ii) Definitions. For purposes of this subsection |
(d): |
"Best interests" of a beneficiary who has a |
disability disabled beneficiary include, without |
limitation, consideration of the financial impact |
to the disabled beneficiary's family of the |
beneficiary who has a disability . |
" Beneficiary who has a disability Disabled |
beneficiary " means a current beneficiary, |
presumptive remainder beneficiary, or successor |
|
beneficiary of the first trust who the authorized |
trustee determines has a disability that |
substantially impairs the beneficiary's ability to |
provide for his or her own care or custody and that |
constitutes a substantial disability handicap , |
whether or not the beneficiary has been |
adjudicated a " person with a disability" disabled |
person" . |
"Governmental benefits" means financial aid or |
services from any State, Federal, or other public |
agency. |
"Supplemental needs second trust" means a |
trust that complies with paragraph (iii) of this |
paragraph (4) and that relative to the first trust |
contains either lesser or greater restrictions on |
the trustee's power to distribute trust income or |
principal and which the trustee believes would, if |
implemented, allow the beneficiary who has a |
disability disabled beneficiary to receive a |
greater degree of governmental benefits than the |
beneficiary who has a disability disabled |
beneficiary will receive if no distribution is |
made. |
(iii) Remainder beneficiaries. A supplemental |
needs second trust may name remainder and successor |
beneficiaries other than the disabled beneficiary's |
|
estate of the beneficiary with a disability , provided |
that the second trust names the same presumptive |
remainder beneficiaries and successor beneficiaries to |
the disabled beneficiary's interest of the beneficiary |
who has a disability , and in the same proportions, as |
exist in the first trust. In addition to the foregoing, |
where the first trust was created by the beneficiary |
who has a disability disabled beneficiary or the trust |
property has been distributed directly to or is |
otherwise under the control of the beneficiary who has |
a disability disabled beneficiary , the authorized |
trustee may distribute to a "pooled trust" as defined |
by federal Medicaid law for the benefit of the |
beneficiary who has a disability disabled beneficiary |
or the supplemental needs second trust must contain pay |
back provisions complying with Medicaid reimbursement |
requirements of federal law. |
(iv) Reimbursement. A supplemental needs second |
trust shall not be liable to pay or reimburse the State |
or any public agency for financial aid or services to |
the beneficiary who has a disability disabled |
beneficiary except as provided in the supplemental |
needs second trust. |
(e) Notice. An authorized trustee may exercise the power to |
distribute in favor of a second trust under subsections (c) and |
(d) without the consent of the settlor or the beneficiaries of |
|
the first trust and without court approval if: |
(1) there are one or more legally competent current |
beneficiaries and one or more legally competent |
presumptive remainder beneficiaries and the authorized |
trustee sends written notice of the trustee's decision, |
specifying the manner in which the trustee intends to |
exercise the power and the prospective effective date for |
the distribution, to all of the legally competent current |
beneficiaries and presumptive remainder beneficiaries, |
determined as of the date the notice is sent and assuming |
non-exercise of all powers of appointment; and |
(2) no beneficiary to whom notice was sent objects to |
the distribution in writing delivered to the trustee within |
60 days after the notice is sent ("notice period"). |
A trustee is not required to provide a copy of the notice |
to a beneficiary who is known to the trustee but who cannot be |
located by the trustee after reasonable diligence or who is not |
known to the trustee. |
If a charity is a current beneficiary or presumptive |
remainder beneficiary of the trust, the notice shall also be |
given to the Attorney General's Charitable Trust Bureau. |
(f) Court involvement. |
(1) The trustee may for any reason elect to petition |
the court to order the distribution, including, without |
limitation, the reason that the trustee's exercise of the |
power to distribute under this Section is unavailable, such |
|
as: |
(a) a beneficiary timely objects to the |
distribution in a writing delivered to the trustee |
within the time period specified in the notice; or |
(b) there are no legally competent current |
beneficiaries or legally competent presumptive |
remainder beneficiaries. |
(2) If the trustee receives a written objection within |
the notice period, either the trustee or the beneficiary |
may petition the court to approve, modify, or deny the |
exercise of the trustee's powers. The trustee has the |
burden of proving the proposed exercise of the power |
furthers the purposes of the trust. |
(3) In a judicial proceeding under this subsection (f), |
the trustee may, but need not, present the trustee's |
opinions and reasons for supporting or opposing the |
proposed distribution, including whether the trustee |
believes it would enable the trustee to better carry out |
the purposes of the trust. A trustee's actions in |
accordance with this Section shall not be deemed improper |
or inconsistent with the trustee's duty of impartiality |
unless the court finds from all the evidence that the |
trustee acted in bad faith. |
(g) Term of the second trust. The second trust to which an |
authorized trustee distributes the assets of the first trust |
may have a term that is longer than the term set forth in the |
|
first trust, including, but not limited to, a term measured by |
the lifetime of a current beneficiary; provided, however, that |
the second trust shall be limited to the same permissible |
period of the rule against perpetuities that applied to the |
first trust, unless the first trust expressly permits the |
trustee to extend or lengthen its perpetuities period. |
(h) Divided discretion. If an authorized trustee has |
absolute discretion to distribute the principal of a trust and |
the same trustee or another trustee has the power to distribute |
principal under the trust instrument which power is not |
absolute discretion, such authorized trustee having absolute |
discretion may exercise the power to distribute under |
subsection (c). |
(i) Later discovered assets. To the extent the authorized |
trustee does not provide otherwise: |
(1) The distribution of all of the assets comprising |
the principal of the first trust in favor of a second trust |
shall be deemed to include subsequently discovered assets |
otherwise belonging to the first trust and undistributed |
principal paid to or acquired by the first trust subsequent |
to the distribution in favor of the second trust. |
(2) The distribution of part but not all of the assets |
comprising the principal of the first trust in favor of a |
second trust shall not include subsequently discovered |
assets belonging to the first trust and principal paid to |
or acquired by the first trust subsequent to the |
|
distribution in favor of a second trust; such assets shall |
remain the assets of the first trust. |
(j) Other authority to distribute in further trust. This |
Section shall not be construed to abridge the right of any |
trustee to distribute property in further trust that arises |
under the terms of the governing instrument of a trust, any |
provision of applicable law, or a court order. In addition, |
distribution of trust principal to a second trust may be made |
by agreement between a trustee and all primary beneficiaries of |
a first trust, acting either individually or by their |
respective representatives in accordance with Section 16.1 of |
this Act. |
(k) Need to distribute not required. An authorized trustee |
may exercise the power to distribute in favor of a second trust |
under subsections (c) and (d) whether or not there is a current |
need to distribute principal under the terms of the first |
trust. |
(l) No duty to distribute. Nothing in this Section is |
intended to create or imply a duty to exercise a power to |
distribute principal, and no inference of impropriety shall be |
made as a result of an authorized trustee not exercising the |
power conferred under subsection (c) or (d). Notwithstanding |
any other provision of this Section, a trustee has no duty to |
inform beneficiaries about the availability of this Section and |
no duty to review the trust to determine whether any action |
should be taken under this Section. |
|
(m) Express prohibition. A power authorized by subsection |
(c) or (d) may not be exercised if expressly prohibited by the |
terms of the governing instrument, but a general prohibition of |
the amendment or revocation of the first trust or a provision |
that constitutes a spendthrift clause shall not preclude the |
exercise of a power under subsection (c) or (d). |
(n) Restrictions. An authorized trustee may not exercise a |
power authorized by subsection (c) or (d) to affect any of the |
following: |
(1) to reduce, limit or modify any beneficiary's |
current right to a mandatory distribution of income or |
principal, a mandatory annuity or unitrust interest, a |
right to withdraw a percentage of the value of the trust or |
a right to withdraw a specified dollar amount provided that |
such mandatory right has come into effect with respect to |
the beneficiary, except with respect to a second trust |
which is a supplemental needs trust; |
(2) to decrease or indemnify against a trustee's |
liability or exonerate a trustee from liability for failure |
to exercise reasonable care, diligence, and prudence; |
except to indemnify or exonerate one party from liability |
for actions of another party with respect to distribution |
that unbundles the governance structure of a trust to |
divide and separate fiduciary and nonfiduciary |
responsibilities among several parties, including without |
limitation one or more trustees, distribution advisors, |
|
investment advisors, trust protectors, or other parties, |
provided however that such modified governance structure |
may reallocate fiduciary responsibilities from one party |
to another but may not reduce them; |
(3) to eliminate a provision granting another person |
the right to remove or replace the authorized trustee |
exercising the power under subsection (c) or (d); provided, |
however, such person's right to remove or replace the |
authorized trustee may be eliminated if a separate |
independent, non-subservient individual or entity, such as |
a trust protector, acting in a nonfiduciary capacity has |
the right to remove or replace the authorized trustee; |
(4) to reduce, limit or modify the perpetuities |
provision specified in the first trust in the second trust, |
unless the first trust expressly permits the trustee to do |
so. |
(o) Exception. Notwithstanding the provisions of paragraph |
(1) of subsection (n) but subject to the other limitations in |
this Section, an authorized trustee may exercise a power |
authorized by subsection (c) or (d) to distribute to a second |
trust; provided, however, that the exercise of such power does |
not subject the second trust to claims of reimbursement by any |
private or governmental body and does not at any time interfere |
with, reduce the amount of, or jeopardize an individual's |
entitlement to government benefits. |
(p) Tax limitations. If any contribution to the first trust |
|
qualified for the annual exclusion under Section 2503(b) of the |
Code, the marital deduction under Section 2056(a) or 2523(a) of |
the Code, or the charitable deduction under Section 170(a), |
642(c), 2055(a) or 2522(a) of the Code, is a direct skip |
qualifying for treatment under Section 2642(c) of the Code, or |
qualified for any other specific tax benefit that would be lost |
by the existence of the authorized trustee's authority under |
subsection (c) or (d) for income, gift, estate, or |
generation-skipping transfer tax purposes under the Code, then |
the authorized trustee shall not have the power to distribute |
the principal of a trust pursuant to subsection (c) or (d) in a |
manner that would prevent the contribution to the first trust |
from qualifying for or would reduce the exclusion, deduction, |
or other tax benefit that was originally claimed with respect |
to that contribution. |
(1) Notwithstanding the provisions of this subsection |
(p), the authorized trustee may exercise the power to pay |
the first trust to a trust as to which the settlor of the |
first trust is not considered the owner under Subpart E of |
Part I of Subchapter J of Chapter 1 of Subtitle A of the |
Code even if the settlor is considered such owner of the |
first trust. Nothing in this Section shall be construed as |
preventing the authorized trustee from distributing part |
or all of the first trust to a second trust that is a trust |
as to which the settlor of the first trust is considered |
the owner under Subpart E of Part I of Subchapter J of |
|
Chapter 1 of Subtitle A of the Code. |
(2) During any period when the first trust owns |
subchapter S corporation stock, an authorized trustee may |
not exercise a power authorized by paragraph (c) or (d) to |
distribute part or all of the S corporation stock to a |
second trust that is not a permitted shareholder under |
Section 1361(c)(2) of the Code. |
(3) During any period when the first trust owns an |
interest in property subject to the minimum distribution |
rules of Section 401(a)(9) of the Code, an authorized |
trustee may not exercise a power authorized by subsection |
(c) or (d) to distribute part or all of the interest in |
such property to a second trust that would result in the |
shortening of the minimum distribution period to which the |
property is subject in the first trust. |
(q) Limits on compensation of trustee. |
(1) Unless the court upon application of the trustee |
directs otherwise, an authorized trustee may not exercise a |
power authorized by subsection (c) or (d) solely to change |
the provisions regarding the determination of the |
compensation of any trustee; provided, however, an |
authorized trustee may exercise the power authorized in |
subsection (c) or (d) in conjunction with other valid and |
reasonable purposes to bring the trustee's compensation |
into accord with reasonable limits in accord with Illinois |
law in effect at the time of the exercise. |
|
(2) The compensation payable to the trustee or trustees |
of the first trust may continue to be paid to the trustees |
of the second trust during the terms of the second trust |
and may be determined in the same manner as otherwise would |
have applied in the first trust; provided, however, that no |
trustee shall receive any commission or other compensation |
imposed upon assets distributed due to the distribution of |
property from the first trust to a second trust pursuant to |
subsection (c) or (d). |
(r) Written instrument. The exercise of a power to |
distribute principal under subsection (c) or (d) must be made |
by an instrument in writing, signed and acknowledged by the |
trustee, and filed with the records of the first trust and the |
second trust. |
(s) Terms of second trust. Any reference to the governing |
instrument or terms of the governing instrument in this Act |
includes the terms of a second trust established in accordance |
with this Section. |
(t) Settlor. The settlor of a first trust is considered for |
all purposes to be the settlor of any second trust established |
in accordance with this Section. If the settlor of a first |
trust is not also the settlor of a second trust, then the |
settlor of the first trust shall be considered the settlor of |
the second trust, but only with respect to the portion of |
second trust distributed from the first trust in accordance |
with this Section. |
|
(u) Remedies. A trustee who reasonably and in good faith |
takes or omits to take any action under this Section is not |
liable to any person interested in the trust. An act or |
omission by a trustee under this Section is presumed taken or |
omitted reasonably and in good faith unless it is determined by |
the court to have been an abuse of discretion. If a trustee |
reasonably and in good faith takes or omits to take any action |
under this Section and a person interested in the trust opposes |
the act or omission, the person's exclusive remedy is to obtain |
an order of the court directing the trustee to exercise |
authority in accordance with this Section in such manner as the |
court determines necessary or helpful for the proper |
functioning of the trust, including without limitation |
prospectively to modify or reverse a prior exercise of such |
authority. Any claim by any person interested in the trust that |
an act or omission by a trustee under this Section was an abuse |
of discretion is barred if not asserted in a proceeding |
commenced by or on behalf of the person within 2 years after |
the trustee has sent to the person or the person's personal |
representative a notice or report in writing sufficiently |
disclosing facts fundamental to the claim such that the person |
knew or reasonably should have known of the claim. Except for a |
distribution of trust principal from a first trust to a second |
trust made by agreement in accordance with Section 16.1 of this |
Act, the preceding sentence shall not apply to a person who was |
under a legal disability at the time the notice or report was |
|
sent and who then had no personal representative. For purposes |
of this subsection (u), a personal representative refers to a |
court appointed guardian or conservator of the estate of a |
person. |
(v) Application. This Section is available to trusts in |
existence on the effective date of this amendatory Act of the |
97th General Assembly or created on or after the effective date |
of this amendatory Act of the 97th General Assembly. This |
Section shall be construed as pertaining to the administration |
of a trust and shall be available to any trust that is |
administered in Illinois under Illinois law or that is governed |
by Illinois law with respect to the meaning and effect of its |
terms, including a trust whose governing law has been changed |
to the laws of this State, unless the governing instrument |
expressly prohibits use of this Section by specific reference |
to this Section. A provision in the governing instrument in the |
form: "Neither the provisions of Section 16.4 of the Trusts and |
Trustees Act nor any corresponding provision of future law may |
be used in the administration of this trust" or a similar |
provision demonstrating that intent is sufficient to preclude |
the use of this Section.
|
(Source: P.A. 97-920, eff. 1-1-13.)
|
Section 975. The Illinois Uniform Transfers to Minors Act |
is amended by changing Section 19 as follows:
|
|
(760 ILCS 20/19) (from Ch. 110 1/2, par. 269)
|
Sec. 19.
Renunciation, Resignation, Death, or Removal of |
Custodian;
Designation of Successor Custodian. (a) A person |
nominated under Section 4
or designated under
Section 6 or |
Section 10 as custodian may decline to serve by delivering a |
valid
disclaimer
to the person who made the nomination or |
designation or to the transferor
or the transferor's |
representative. If the event giving rise to a
transfer has not |
occurred and no substitute custodian able, willing, and
|
eligible to serve was nominated under Section 4, the person who |
made the
nomination or designation may nominate a substitute |
custodian; otherwise
the transferor or the transferor's |
representative shall designate a
substitute custodian at the |
time of the transfer in either case from among
the persons |
eligible to serve as custodian for that kind of property under
|
Section 10(a). The custodian so designated has the rights of a |
successor
custodian.
|
(b) At any time or times a transferor or his representative |
may
designate an adult or a trust company as successor |
custodian, single or
successive, by executing and dating an |
instrument of designation and
delivering it to the custodian or |
if he is deceased or is a person with a disability disabled to |
his representative.
A custodian at any time when a vacancy |
would otherwise occur may
designate a trust company or an adult |
as successor custodian by executing
and dating an instrument of |
designation. If an instrument of designation
does not contain |
|
or
is not accompanied by the resignation of the custodian, the |
designation of
the successor does not take effect until the |
custodian resigns, dies,
becomes a person with a disability |
disabled , or is removed.
If a transferor or a custodian has |
executed more than one instrument of
designation, the |
instrument dated on the earlier date shall be treated as
|
revoked by the instrument dated on the later date; however, a |
designation by a
transferor or his representative shall not be |
revoked by a custodian. A
successor custodian has all the |
powers, duties and immunities of a
custodian designated in a |
manner prescribed by this Act.
|
(c) A custodian may resign at any time by delivering |
written notice to
the minor if the minor has attained the age |
of 14 years and to the
successor custodian and by delivering |
the custodial property to the successor
custodian.
|
(d) If a custodian is ineligible, dies, or becomes a person |
with a disability disabled and no
successor has been |
effectively designated and the minor has attained the
age of 14 |
years, the minor may designate as successor custodian, in the
|
manner prescribed in subsection (b), an adult member of the |
minor's family,
a guardian of the minor, or a trust company. If |
the minor has not
attained the age of 14 years or fails to act |
within 60 days after the
ineligibility, death, or incapacity, |
the guardian of the minor becomes
successor custodian. If the |
minor has no guardian or
the guardian
declines to act, the |
transferor, the representative of the transferor
or of the |
|
custodian, an adult member of the minor's family, or any other
|
interested person may petition the court to designate a |
successor custodian.
|
(e) A custodian who declines to serve under subsection (a) |
or resigns
under subsection (c), or the representative of a |
deceased custodian or a custodian with a disability or
disabled |
custodian , as soon as practicable, shall put the custodial
|
property and records in the possession and control of the |
successor
custodian. The successor custodian by action may |
enforce the obligations
to deliver custodial property and |
records and becomes responsible for each
item as received.
|
(f) A transferor, the representative of a transferor, an |
adult
member of the minor's family, a guardian of the person of |
the minor, the
guardian of the minor, or the minor if the minor |
has
attained the age of
14 years may petition the court to |
remove the custodian for cause and to
designate a successor |
custodian not inconsistent with an effective
designation or
to |
require the custodian to give appropriate bond.
|
(Source: P.A. 84-1129.)
|
Section 980. The Charitable Trust Act is amended by |
changing Section 7.5 as follows:
|
(760 ILCS 55/7.5)
|
Sec. 7.5.
Charitable trust for the benefit of a minor or |
person with a disability disabled person ;
report.
|
|
(a) In the case of a charitable trust established for the |
benefit of a minor
or person with a disability disabled person ,
|
the person or trustee responsible
for the trust, if not the |
guardian or parent,
shall report its existence by certified or |
registered United States mail to the
parent or
guardian of the |
minor or person with a disability disabled person within 30 |
days after formation of the
trust and every 6
months
|
thereafter. The written report shall include the name and |
address of the
trustee or trustees
responsible for the trust, |
the name and address of the financial institution at
which |
funds
for the trust are held, the amount of funds raised for |
the trust, and an
itemized list of
expenses for administration |
of the trust.
|
The guardian of the estate of the minor or person with a |
disability disabled person shall report the
existence of the |
trust as part of the ward's estate to the court that appointed
|
the guardian
as part of its responsibility to manage the ward's |
estate as established under
Section 11-13 of the Probate Act of |
1975. Compliance with this Section
in no way
affects other |
requirements for trustee registration and reporting under this
|
Act or any accountings or authorizations required by the court |
handling the
ward's estate.
|
(b) If a person or trustee fails to report the existence of |
the trust to the
minor's or disabled person's
parent or |
guardian or to the parent or guardian of the person with a |
disability as required in this Section, the person or trustee |
|
is
subject to
injunction, to removal, to account, and to other |
appropriate relief before a
court of
competent jurisdiction |
exercising chancery jurisdiction.
|
(c) For the purpose of this Section, a charitable trust for |
the benefit of
a minor or person with a disability disabled |
person is a
trust, including a special needs trust, that |
receives funds solicited from the
public under representations |
that such will (i) benefit a needy minor or
person with a |
disability disabled person , (ii) pay the medical or living |
expenses of the minor or
person with a disability disabled |
person , or (iii) be used to assist in family expenses of the |
minor or
person with a disability disabled person .
|
(d) Each and every trustee of a charitable trust for the |
benefit of a minor
or person with a disability disabled person |
must register under this Act and in addition must file an
|
annual report as required by Section 7 of this Act.
|
(Source: P.A. 91-620, eff. 8-19-99.)
|
Section 985. The Real Estate Timeshare Act of 1999 is |
amended by changing Section 1-25 as follows:
|
(765 ILCS 101/1-25)
|
Sec. 1-25. Local powers; construction.
|
(a) Except as specifically provided in this Section, the |
regulation of
timeshare
plans and exchange programs is an |
exclusive power and function of the State. A
unit of
local |
|
government, including a home rule unit, may not regulate |
timeshare plans
and
exchange programs. This subsection is a |
denial and limitation of home rule
powers and
functions under |
subsection (h) of Section 6 of Article VII of the Illinois
|
Constitution.
|
(b) Notwithstanding subsection (a), no provision of this |
Act invalidates or
modifies any provision of any zoning, |
subdivision, or building code or other
real estate
use law, |
ordinance, or regulation.
|
Further, nothing in this Act shall be construed to affect |
or impair the
validity of
Section 11-11.1-1 of the Illinois |
Municipal Code or to deny to the corporate
authorities of
any |
municipality the powers granted in that Code to enact |
ordinances (i)
prescribing fair
housing practices, (ii) |
defining unfair housing practices, (iii) establishing
fair |
housing or
human relations commissions and standards for the |
operation of such commissions
in the
administration and |
enforcement of such ordinances, (iv) prohibiting
|
discrimination based
on age, ancestry, color, creed, mental or |
physical disability handicap , national origin,
race, religion,
|
or sex in the listing, sale, assignment, exchange, transfer, |
lease, rental, or
financing of
real property for the purpose of |
the residential occupancy thereof, and (v)
prescribing
|
penalties for violations of such ordinances.
|
(Source: P.A. 91-585, eff. 1-1-00.)
|
|
Section 990. The Condominium Property Act is amended by |
changing Section 18.4 as follows:
|
(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
|
Sec. 18.4. Powers and duties of board of managers. The |
board of
managers shall exercise for the association all |
powers, duties and
authority vested in the association by law |
or the condominium instruments
except for such powers, duties |
and authority reserved by law to the members
of the |
association. The powers and duties of the board of managers |
shall
include, but shall not be limited to, the following:
|
(a) To provide for the operation, care, upkeep, |
maintenance,
replacement and improvement of the common |
elements. Nothing
in
this subsection (a) shall be deemed to |
invalidate any provision in a
condominium instrument |
placing limits on expenditures for the common elements, |
provided, that such
limits shall not be applicable to |
expenditures for repair, replacement, or
restoration of |
existing portions of the common elements. The
term "repair, |
replacement or restoration" means expenditures to |
deteriorated or
damaged portions of the property related to |
the existing decorating,
facilities, or structural or |
mechanical components, interior or exterior
surfaces, or |
energy systems and equipment with the functional |
equivalent of the
original portions of such areas. |
Replacement of the common elements may
result in an |
|
improvement over the original quality of such elements or
|
facilities; provided that, unless the improvement is |
mandated by law or is an
emergency as defined in item (iv) |
of subparagraph (8) of paragraph (a) of
Section 18, if the |
improvement results in a proposed expenditure
exceeding 5% |
of the annual budget, the board of managers, upon written |
petition
by unit owners with 20% of the votes of the |
association delivered to the board
within 14 days of the |
board action to approve the expenditure, shall call a
|
meeting of the unit owners within 30 days of the date of |
delivery of the
petition to consider the expenditure. |
Unless a majority of the total votes of
the unit owners are |
cast at the meeting to reject the expenditure, it is
|
ratified.
|
(b) To prepare, adopt and distribute the annual budget |
for the property.
|
(c) To levy and expend assessments.
|
(d) To collect assessments from unit
owners.
|
(e) To provide for the employment and dismissal of the |
personnel
necessary or advisable for the maintenance and |
operation of the common
elements.
|
(f) To obtain adequate and appropriate kinds of
|
insurance.
|
(g) To own, convey, encumber, lease, and otherwise deal |
with units
conveyed to or purchased by it.
|
(h) To adopt and amend rules and regulations covering |
|
the details of
the operation and use of the property, after |
a meeting of the unit owners
called for the specific |
purpose of discussing the proposed rules and
regulations. |
Notice of the meeting shall contain the full text of the
|
proposed rules and regulations, and the meeting shall |
conform to the
requirements of Section 18(b) of this Act, |
except that no quorum is
required at the meeting of the |
unit owners unless the declaration, bylaws
or other |
condominium instrument expressly provides to the contrary.
|
However, no rule or regulation may impair any rights |
guaranteed by the
First Amendment to the Constitution of |
the United States or Section 4 of
Article I of the Illinois |
Constitution including, but not limited to, the free |
exercise of religion, nor may any rules or regulations
|
conflict with the provisions of this Act or the condominium |
instruments. No rule or regulation shall prohibit any |
reasonable accommodation for religious practices, |
including the attachment of religiously mandated objects |
to the front-door area of a condominium unit.
|
(i) To keep detailed, accurate records of the receipts |
and
expenditures affecting the use and operation of the |
property.
|
(j) To have access to each unit from time to time as |
may be necessary
for the maintenance, repair or replacement |
of any common elements or for
making emergency repairs |
necessary to prevent damage to the common elements
or to |
|
other units.
|
(k) To pay real property taxes, special assessments, |
and any other
special taxes or charges of the State of |
Illinois or of any political
subdivision thereof, or other |
lawful taxing or assessing body, which are
authorized by |
law to be assessed and levied upon the real property of the
|
condominium.
|
(l) To impose charges for late payment of a unit |
owner's proportionate
share of the common expenses, or any |
other expenses lawfully agreed upon,
and after notice and |
an opportunity to be heard, to levy reasonable fines
for |
violation of the declaration, by-laws, and rules and |
regulations of
the association.
|
(m) Unless the condominium instruments expressly |
provide to the
contrary, by a majority vote of the entire |
board of managers, to assign the
right of the association |
to future income from common expenses or other
sources, and |
to mortgage or pledge substantially all of the remaining
|
assets of the association.
|
(n) To record the dedication of a portion of the common |
elements
to a public body for use as, or in connection |
with, a street or utility
where authorized by the unit |
owners under the provisions of Section 14.2.
|
(o) To record the granting of an easement for the |
laying of cable
television or high speed Internet cable |
where authorized by the unit owners under the provisions
of |
|
Section 14.3; to obtain, if available and determined by the |
board to be in
the best interests of the association, cable |
television
or bulk high speed Internet service for all of |
the units of the condominium on a bulk
identical service |
and equal cost per unit basis; and to assess and recover |
the
expense as a common expense and, if so determined by |
the board, to assess each
and every unit on the same equal |
cost per unit basis.
|
(p) To seek relief on behalf of all unit owners when |
authorized
pursuant to subsection (c) of Section 10 from or |
in connection with the
assessment or levying of real |
property taxes, special assessments, and any
other special |
taxes or charges of the State of Illinois or of any |
political
subdivision thereof or of any lawful taxing or |
assessing body.
|
(q) To reasonably accommodate the needs of a unit owner |
who is a person with a disability handicapped unit owner
as |
required by the federal Civil Rights Act of 1968, the Human |
Rights Act
and any applicable local ordinances in the |
exercise of its powers with
respect to the use of common |
elements or approval of modifications in an
individual |
unit.
|
(r) To accept service of a notice of claim for purposes |
of the Mechanics Lien Act on behalf of each respective |
member of the Unit Owners' Association with respect to |
improvements performed pursuant to any contract entered |
|
into by the Board of Managers or any contract entered into |
prior to the recording of the condominium declaration |
pursuant to this Act, for a property containing more than 8 |
units, and to distribute the notice to the unit owners |
within 7 days of the acceptance of the service by the Board |
of Managers. The service shall be effective as if each |
individual unit owner had been served individually with |
notice.
|
(s) To adopt and amend rules and regulations (l) |
authorizing electronic delivery of notices and other |
communications required or contemplated by this Act to each |
unit owner who provides the association with written |
authorization for electronic delivery and an electronic |
address to which such communications are to be |
electronically transmitted; and (2) authorizing each unit |
owner to designate an electronic address or a U.S. Postal |
Service address, or both, as the unit owner's address on |
any list of members or unit owners which an association is |
required to provide upon request pursuant to any provision |
of this Act or any condominium instrument. |
In the performance of their duties, the officers and |
members of the board,
whether appointed by the developer or |
elected by the unit owners, shall
exercise the care required of |
a fiduciary of the unit owners.
|
The collection of assessments from unit owners by an |
association, board
of managers or their duly authorized agents |
|
shall not be considered acts
constituting a collection agency |
for purposes of the Collection Agency Act.
|
The provisions of this Section are
applicable to all |
condominium instruments recorded under this Act. Any
portion of |
a condominium instrument which contains provisions contrary to
|
these provisions shall be void as against public policy and |
ineffective.
Any such instrument that fails to contain the |
provisions required by this
Section shall be deemed to |
incorporate such provisions by operation of law.
|
(Source: P.A. 97-751, eff. 1-1-13; 98-735, eff. 1-1-15 .)
|
Section 995. The Notice of Prepayment of Federally |
Subsidized Mortgage Act is amended by changing Section 4 as |
follows:
|
(765 ILCS 925/4) (from Ch. 67 1/2, par. 904)
|
Sec. 4.
(a) An owner of subsidized housing shall provide to |
the clerk
of the unit of local government and to IHDA notice of |
the earliest date upon
which he may exercise prepayment of |
mortgage. Such notice shall be delivered
at least 12 months |
prior to the date upon which the owner may prepay the mortgage.
|
The notice shall include the following information:
|
(1) the name and address of the owner or managing agent of |
the building;
|
(2) the earliest date of allowed prepayment;
|
(3) the number of subsidized housing units in the building |
|
subject to
prepayment, and the number of subsidized housing |
units occupied by persons
age 62 or older, or by persons with |
disabilities disabled persons , and households with children;
|
(4) the rental payment paid by each household occupying a |
subsidized housing
unit, not including any federal subsidy |
received by the owner for such subsidized
housing unit; and
|
(5) the rent schedule for the subsidized housing units as |
approved by HUD or FmHA.
|
Such notice shall be available
to the public upon request.
|
(b) Twelve months prior to the date upon which an owner may |
exercise prepayment
of mortgage, the owner shall:
|
(1) post a copy of such notice in a prominent location in |
the affected
building and leave the notice posted during the |
entire notice period, and
|
(2) deliver, personally or by certified mail, copies of the |
notice to
all tenants residing in the building.
|
The owner shall provide a copy of the notice to all |
prospective tenants.
Such notices shall be on forms prescribed |
by IHDA.
|
(Source: P.A. 85-1438.)
|
Section 1000. The Illinois Human Rights Act is amended by |
changing Section 3-104.1 as follows:
|
(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
|
Sec. 3-104.1. Refusal to sell or rent because a person has |
|
a guide,
hearing or support dog. It is a civil rights violation |
for the
owner or agent of any housing accommodation to:
|
(A) refuse to sell or rent after the making of a bonafide |
offer, or to
refuse to negotiate for the sale or rental of, or |
otherwise make unavailable
or deny property to any blind or , |
hearing impaired person or person with a physical disability or |
physically
disabled person because he has a guide, hearing or |
support dog; or
|
(B) discriminate against any blind or , hearing impaired |
person or person with a physical disability or physically
|
disabled person in the terms, conditions, or privileges of sale |
or
rental property, or in the provision of services or |
facilities in connection
therewith, because he has a guide, |
hearing or support dog; or
|
(C) require, because a blind or , hearing impaired person |
or person with a physical disability or physically
disabled |
person has a guide, hearing or support dog,
an extra charge in |
a lease, rental agreement, or contract of purchase or
sale, |
other than for actual damage done to the premises by the dog.
|
(Source: P.A. 95-668, eff. 10-10-07.)
|
Section 1005. The Public Works Employment Discrimination |
Act is amended by changing Sections 4 and 8 as follows:
|
(775 ILCS 10/4) (from Ch. 29, par. 20)
|
Sec. 4.
No contractor, subcontractor, nor any person on his
|
|
or her behalf shall, in any manner, discriminate against or
|
intimidate any employee hired for the performance of work for
|
the benefit of the State or for any department, bureau, |
commission,
board, other political subdivision or agency, |
officer or agent
thereof, on account of race, color, creed, |
sex, religion, physical
or mental disability handicap |
unrelated to ability, or national origin; and
there may be |
deducted from the amount payable to the contractor
by the State |
of Illinois or by any municipal corporation thereof,
under this |
contract, a penalty of five dollars for each person for
each |
calendar day during which such person was discriminated against
|
or intimidated in violation of the provisions of this Act.
|
(Source: P.A. 80-336.)
|
(775 ILCS 10/8) (from Ch. 29, par. 24)
|
Sec. 8.
The invalidity or unconstitutionality of any one or |
more
provisions, parts, or sections of this Act shall not be |
held or construed
to invalidate the whole or any other |
provision, part, or section thereof,
it being intended that |
this Act shall be sustained and enforced to the
fullest extent |
possible and that it shall be construed as liberally as
|
possible to prevent refusals, denials, and discriminations of |
and with
reference to the award of contracts and employment |
thereunder, on the
ground of race, color, creed, sex, religion, |
physical or mental
disability handicap unrelated to ability, or |
national origin.
|
|
(Source: P.A. 80-336.)
|
Section 1010. The Defense Contract Employment |
Discrimination Act is amended by changing Sections 1, 3, and 7 |
as follows:
|
(775 ILCS 20/1) (from Ch. 29, par. 24a)
|
Sec. 1.
In the construction of this act the public policy
|
of the state of Illinois is hereby declared as follows: To
|
facilitate the rearmament and defense program of the Federal
|
government by the integration into the war defense industries
|
of the state of Illinois all available types of labor, skilled,
|
semi-skilled and common shall participate without |
discrimination
as to race, color, creed, sex, religion, |
physical or mental
disability handicap unrelated to ability, or |
national origin whatsoever.
|
(Source: P.A. 80-337.)
|
(775 ILCS 20/3) (from Ch. 29, par. 24c)
|
Sec. 3.
It shall be unlawful for any war defense |
contractor,
its officers or agents or employees to discriminate |
against any
citizen of the state of Illinois because of race, |
color, creed,
sex, religion, physical or mental disability |
handicap unrelated to ability,
or national origin in the hiring |
of employees and training for
skilled or semi-skilled |
employment, and every such discrimination
shall be deemed a |
|
violation of this act.
|
(Source: P.A. 80-337.)
|
(775 ILCS 20/7) (from Ch. 29, par. 24g)
|
Sec. 7.
Whereas, each day a national defense emergency |
exists,
persons of health, ability and skill are hourly being |
deprived of
training and employment solely because of |
discrimination of color,
race, creed, sex, religion, physical |
or mental disability handicap unrelated
to ability, or national |
origin. The penalty set out in paragraph
6 shall be a separate |
offense for each day and the offender shall
be fined for each |
day's violation separately.
|
(Source: P.A. 80-337.)
|
Section 1015. The White Cane Law is amended by changing the |
title of the Act and Sections 2, 3, 4, 5, and 6 as follows:
|
(775 ILCS 30/Act title)
|
An Act in relation to the rights of
persons who are blind |
or who have other disabilities otherwise physically disabled .
|
(775 ILCS 30/2) (from Ch. 23, par. 3362)
|
Sec. 2.
It is the policy of this State to encourage and |
enable persons who are blind, persons who have a visual |
disability, and persons who have other physical disabilities |
the blind,
the visually handicapped and the otherwise |
|
physically disabled to
participate fully in the social and |
economic life of the State and to
engage in remunerative |
employment.
|
(Source: P.A. 76-663.)
|
(775 ILCS 30/3) (from Ch. 23, par. 3363)
|
Sec. 3.
The blind, persons who have a visual disability the |
visually handicapped , the hearing impaired, persons
who are |
subject to epilepsy or other seizure disorders,
and persons who |
have other physical disabilities the otherwise physically |
disabled have the same right as the
able-bodied to the full and |
free use of the streets, highways, sidewalks,
walkways, public |
buildings, public facilities and other public places.
|
The blind, persons who have a visual disability the |
visually handicapped , the hearing impaired, persons who are
|
subject to epilepsy or other seizure disorders, and persons who |
have other physical disabilities the
otherwise physically |
disabled are entitled to full and equal
accommodations, |
advantages, facilities and privileges of all common
carriers, |
airplanes, motor vehicles, railroad trains, motor buses, |
street
cars, boats or any other public conveyances or modes of |
transportation,
hotels, lodging places, places of public |
accommodation, amusement or resort
and other places to which |
the general public is invited, subject only to
the conditions |
and limitations established by law and applicable alike to
all |
persons.
|
|
Every totally or partially blind or , hearing impaired |
person , person who is subject
to epilepsy or other seizure |
disorders, or person who has any other physical disability |
otherwise
physically disabled person or a trainer of support |
dogs, guide dogs,
seizure-alert dogs, seizure-response dogs, |
or
hearing dogs shall
have the right to be accompanied by a
|
support dog or guide dog especially trained for the purpose, or |
a dog
that is being trained to be a support dog, guide dog, |
seizure-alert dog,
seizure-response dog, or hearing dog, in any
|
of the
places listed in this Section without being required to |
pay an extra charge
for the guide, support, seizure-alert, |
seizure-response, or hearing dog;
provided that he shall be |
liable for
any damage done to the premises or facilities by |
such dog.
|
(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
|
(775 ILCS 30/4) (from Ch. 23, par. 3364)
|
Sec. 4.
Any person or persons, firm or corporation, or the |
agent of any
person or persons, firm or corporation who denies |
or interferes with
admittance to or enjoyment of the public |
facilities enumerated in Section 3
of this Act or otherwise |
interferes with the rights of a totally or
partially blind |
person or a person who has any other disability or otherwise |
disabled person under Section 3 of this Act
shall be guilty of |
a Class A misdemeanor.
|
(Source: P.A. 77-2830.)
|
|
(775 ILCS 30/5) (from Ch. 23, par. 3365)
|
Sec. 5.
It is the policy of this State that persons who are |
blind, persons who have a visual disability, and persons with |
other physical disabilities the blind, the visually
|
handicapped and the otherwise physically disabled shall be |
employed in the
State Service, the service of the political |
subdivisions of the State, in
the public schools and in all |
other employment supported in whole or in
part by public funds |
on the same terms and conditions as the able-bodied,
unless it |
is shown that the particular disability prevents the |
performance
of the work involved.
|
(Source: P.A. 76-663.)
|
(775 ILCS 30/6) (from Ch. 23, par. 3366)
|
Sec. 6.
Each year, the Governor is authorized and requested |
to designate
and take suitable public notice of White Cane |
Safety Day and to issue a
proclamation in which:
|
(a) he comments upon the significance of the white cane;
|
(b) he calls upon the citizens of the State to observe the |
provisions of
the White Cane Law and to take precautions |
necessary to the safety of persons with disabilities the
|
disabled ;
|
(c) he reminds the citizens of the State of the policies |
with respect to
the disabled herein declared and urges the |
citizens to cooperate in giving
effect to them;
|
|
(d) he emphasizes the need of the citizens to be aware of |
the presence
of disabled persons in the community and to keep |
safe and functional for
the disabled the streets, highways, |
sidewalks, walkways, public buildings,
public facilities, |
other public places, places of public accommodation,
amusement |
and resort, and other places to which the public is invited, |
and
to offer assistance to disabled persons upon appropriate |
occasions.
|
(Source: P.A. 76-663.)
|
Section 1020. The Disposition of Remains Act is amended by |
changing Section 10 as follows:
|
(755 ILCS 65/10)
|
Sec. 10. Form. The written instrument authorizing the |
disposition of remains under paragraph (1) of Section 5 of this |
Act shall be in substantially the following form:
|
"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS |
|
I, ................................, being of sound |
mind, willfully and voluntarily make known my desire that, |
upon my death, the disposition of my remains shall be |
controlled by ................... (name of agent first |
named below) and, with respect to that subject only, I |
hereby appoint such person as my agent (attorney-in-fact). |
|
All decisions made by my agent with respect to the |
disposition of my remains, including cremation, shall be |
binding.
|
SPECIAL DIRECTIONS: |
Set forth below are any special directions limiting |
the power granted to my agent: |
.............................. |
.............................. |
..............................
|
If the disposition of my remains is by cremation, then:
|
( ) I do not wish to allow any of my survivors the option of |
canceling my cremation and selecting alternative arrangements, |
regardless of whether my survivors deem a change to be |
appropriate.
|
( ) I wish to allow only the survivors I have designated below |
the option of canceling my cremation and selecting alternative |
arrangements, if they deem a change to be appropriate:
|
......................................................
|
......................................................
|
......................................................
|
ASSUMPTION:
|
|
THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS |
APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS |
PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN |
AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT |
SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY |
NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE |
AGENT ACTING AT ANY TIME IS REQUIRED.
|
AGENT:
|
Name:
...................................... |
Address: ................................... |
Telephone Number:
.......................... |
Signature Indicating Acceptance of Appointment:
......... |
Date of Signature:
.........................
|
SUCCESSORS:
|
If my agent dies, is determined by a court to be under |
a legal disability becomes legally disabled , resigns, or |
refuses to act, I hereby appoint the following persons |
(each to act alone and successively, in the order named) to |
serve as my agent (attorney-in-fact) to control the |
disposition of my remains as authorized by this document:
|
1. First Successor
|
|
Name:
...................................... |
Address:
................................... |
Telephone Number:
.......................... |
Signature Indicating Acceptance of Appointment:
......... |
Date of Signature:
....................
|
2. Second Successor
|
Name:
...................................... |
Address:
................................... |
Telephone Number:
.......................... |
Signature Indicating Acceptance of Appointment: ......... |
Date of Signature:
.............
|
DURATION:
|
This appointment becomes effective upon my death.
|
PRIOR APPOINTMENTS REVOKED:
|
I hereby revoke any prior appointment of any person to |
control the disposition of my remains.
|
RELIANCE:
|
I hereby agree that any hospital, cemetery |
organization, business operating a crematory or |
columbarium or both, funeral director or embalmer, or |
funeral establishment who receives a copy of this document |
|
may act under it. Any modification or revocation of this |
document is not effective as to any such party until that |
party receives actual notice of the modification or |
revocation. No such party shall be liable because of |
reliance on a copy of this document.
|
Signed this ...... day of .............., ...........
|
.........................................
|
STATE OF .................. |
COUNTY OF .................
|
BEFORE ME, the undersigned, a Notary Public, on this |
day personally appeared ...................., proved to me |
on the basis of satisfactory evidence to be the person |
whose name is subscribed to the foregoing instrument and |
acknowledged to me that he/she executed the same for the |
purposes and consideration therein expressed.
|
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day |
of ................, 2........
|
..........................................
|
Printed Name:
............................. |
|
Notary Public, State of ...................
|
My Commission Expires: |
....................".
|
(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06 .)
|
Section 1025. The Credit Card Issuance Act is amended by |
changing Section 1b as follows:
|
(815 ILCS 140/1b) (from Ch. 17, par. 6003)
|
Sec. 1b.
All credit card applications shall contain the |
following
words verbatim:
|
a. No applicant may be denied a credit card on account of |
race,
color, religion, national origin, ancestry, age (between |
40 and 70), sex,
marital status, physical or mental disability |
handicap unrelated to the ability to
pay or unfavorable |
discharge from military service.
|
b. The applicant may request the reason for rejection of |
his or her
application for a credit card.
|
c. No person need reapply for a credit card solely because |
of a
change in marital status unless the change in marital |
status has caused
a deterioration in the person's financial |
position.
|
d. A person may hold a credit card in any name permitted by |
law that
he or she regularly uses and is generally known by, so |
long as no fraud
is intended thereby.
|
|
(Source: P.A. 81-1216.)
|
Section 1030. The Motor Fuel Sales Act is amended by |
changing Section 2 as follows:
|
(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
|
Sec. 2. Assistance at stations with self-service and |
full-service islands.
|
(a) Any attendant on duty at a gasoline station or service |
station offering to the public retail sales of motor fuel at |
both self-service and full-service islands shall, upon |
request, dispense motor fuel for the driver of a car which is
|
parked at a self-service island and displays: (1) registration |
plates issued to
a person with a physical disability physically |
disabled person pursuant to Section 3-616 of the Illinois |
Vehicle
Code; (2) registration plates issued to a veteran with |
a disability disabled veteran pursuant
to Section 3-609 or |
3-609.01 of such Code; or (3) a special decal or device issued |
pursuant
to Section 11-1301.2 of such Code; and shall only |
charge such driver prices
as offered to the general public for |
motor fuel dispensed at the self-service
island. However, such |
attendant shall not be required to perform other
services which |
are offered at the full-service island.
|
(b) Gasoline stations and service stations in this State |
are subject to the federal Americans with Disabilities Act and |
must: |
|
(1) provide refueling assistance upon the request of an |
individual with a disability (A gasoline station or service |
station is not required to provide such service at any time |
that it is operating on a remote control basis with a |
single employee on duty at the motor fuel site, but is |
encouraged to do so, if feasible.); |
(2) by January 1, 2014, provide and display at least |
one ADA compliant motor fuel dispenser with a direct |
telephone number to the station that allows an a disabled |
operator of a motor vehicle who has a disability to request |
refueling assistance, with the telephone number posted in |
close proximity to the International Symbol of |
Accessibility required by the federal Americans with |
Disabilities Act, however, if the station does not have at |
least one ADA compliant motor fuel dispenser, the station |
must display on at least one motor fuel dispenser a direct |
telephone number to the station that allows an a disabled |
operator of a motor vehicle who has a disability to request |
refueling assistance; and |
(3) provide the refueling assistance without any |
charge beyond the self-serve price.
|
(c) The signage required under paragraph (2) of subsection |
(b) shall be designated by the station owner and shall be |
posted in a prominently visible place. The sign shall be |
clearly visible to customers. |
(d) The Secretary of State shall provide to persons with |
|
disabilities information regarding the availability of |
refueling assistance under this Section by the following |
methods: |
(1) by posting information about that availability on |
the Secretary of State's Internet website, along with a |
link to the Department of Human Services website; and |
(2) by publishing a brochure containing information |
about that availability, which shall be made available at |
all Secretary of State offices throughout the State. |
(e) The Department of Human Services shall post on its |
Internet website information regarding the availability of |
refueling assistance for persons with disabilities and the |
addresses and telephone numbers of all gasoline and service |
stations in Illinois. |
(f) A person commits a Class C misdemeanor if he or she |
telephones
a gasoline station or service station to request |
refueling assistance and he or she: |
(1) is not actually physically present at the gasoline |
or service station; or |
(2) is physically present at the gasoline or service |
station but does not actually require refueling |
assistance. |
(g) The Department of Transportation shall work in |
cooperation with appropriate representatives of gasoline and |
service station trade associations and the petroleum industry |
to increase the signage at gasoline and service stations on |
|
interstate highways in this State with regard to the |
availability of refueling assistance for persons with |
disabilities.
|
(h) If an owner of a gas station or service station is |
found by the Illinois Department of Agriculture, Bureau of |
Weights and Measures, to be in violation of this Act, the owner |
shall pay an administrative fine of $250. Any moneys collected |
by the Department shall be deposited into the Motor Fuel and |
Petroleum Standards Fund. The Department of Agriculture shall |
have the same authority and powers as provided for in the Motor |
Fuel and Petroleum Standards Act in enforcing this Act. |
(Source: P.A. 97-1152, eff. 6-1-13 .)
|
Section 1035. The Consumer Fraud and Deceptive Business |
Practices Act is amended by changing Sections 2FF and 2MM as |
follows:
|
(815 ILCS 505/2FF)
|
Sec. 2FF.
Electric service fraud; elderly persons or
|
persons with disabilities disabled persons ; additional |
penalties.
With respect to the advertising, sale, provider
|
selection, billings, or collections relating to the provision
|
of electric service, where the consumer is an elderly person
or |
person with a disability disabled person , a civil penalty of |
$50,000 may be imposed
for each violation.
For purposes of this
|
Section:
|
|
(1) "Elderly person" means a person 60 years of age
or |
older.
|
(2) " Person with a disability Disabled person " means a |
person who suffers
from a permanent physical or mental |
impairment resulting
from disease, injury, functional disorder |
or congenital
condition.
|
(3) "Electric service" shall have the meaning given
that |
term in Section 6.5 of
the Attorney General
Act.
|
(Source: P.A. 90-561, eff. 12-16-97.)
|
(815 ILCS 505/2MM)
|
Sec. 2MM. Verification of accuracy of consumer reporting |
information used to
extend consumers credit and security freeze |
on credit reports. |
(a) A credit card issuer who mails an offer or solicitation |
to apply for a
credit card and who receives a completed |
application in response to the offer
or
solicitation which |
lists an address that is not substantially the same as the
|
address on the offer or solicitation may not issue a credit |
card based on that
application until reasonable steps have been |
taken to verify the applicant's
change of address.
|
(b) Any person who uses a consumer credit report in |
connection with the
approval of credit based on the application |
for an extension of credit, and who
has received notification |
of a police report filed with a consumer reporting
agency that |
the applicant has been a victim of financial
identity theft, as |
|
defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 |
or the Criminal Code of 2012, may
not lend money or extend |
credit without taking reasonable steps to verify the
consumer's |
identity and confirm that the application for an extension of
|
credit
is not the result of financial identity theft.
|
(c) A consumer may request that a security freeze be placed |
on his or her credit report by sending a request in writing by |
certified mail to a consumer reporting agency at an address |
designated by the consumer reporting agency to receive such |
requests. |
The following persons may request that a security freeze be |
placed on the credit report of a person with a disability |
disabled person : |
(1) a guardian of the person with a disability disabled |
person that is the subject of the request, appointed under |
Article XIa of the Probate Act of 1975; and |
(2) an agent of the person with a disability disabled |
person that is the subject of the request, under a written |
durable power of attorney that complies with the Illinois |
Power of Attorney Act. |
The following persons may request that a security freeze |
be placed on the credit report of a minor: |
(1) a guardian of the minor that is the subject of the |
request, appointed under Article XI of the Probate Act of |
1975; |
(2) a parent of the minor that is the subject of the |
|
request; and |
(3) a guardian appointed under the Juvenile Court Act |
of 1987 for a minor under the age of 18 who is the subject |
of the request or, with a court order authorizing the |
guardian consent power, for a youth who is the subject of |
the request who has attained the age of 18, but who is |
under the age of 21. |
This subsection (c) does not prevent a consumer reporting |
agency from advising a third party that a security freeze is in |
effect with respect to the consumer's credit report.
|
(d) A consumer reporting agency shall place a security |
freeze on a consumer's credit report no later than 5 business |
days after receiving a written request from the consumer:
|
(1) a written request described in subsection (c); |
(2) proper identification; and |
(3) payment of a fee, if applicable.
|
(e) Upon placing the security freeze on the consumer's |
credit report, the consumer reporting agency shall send to the |
consumer within 10 business days a written confirmation of the |
placement of the security freeze and a unique personal |
identification number or password or similar device, other than |
the consumer's Social Security number, to be used by the |
consumer when providing authorization for the release of his or |
her credit report for a specific party or period of time.
|
(f) If the consumer wishes to allow his or her credit |
report to be accessed for a specific party or period of time |
|
while a freeze is in place, he or she shall contact the |
consumer reporting agency using a point of contact designated |
by the consumer reporting agency, request that the freeze be |
temporarily lifted, and provide the following:
|
(1) Proper identification;
|
(2) The unique personal identification number or |
password or similar device provided by the consumer |
reporting agency;
|
(3) The proper information regarding the third party or |
time period for which the report shall be available to |
users of the credit report; and
|
(4) A fee, if applicable.
|
A security freeze for a minor may not be temporarily |
lifted. This Section does not require a consumer reporting |
agency to provide to a minor or a parent or guardian of a minor |
on behalf of the minor a unique personal identification number, |
password, or similar device provided by the consumer reporting |
agency for the minor, or parent or guardian of the minor, to |
use to authorize the consumer reporting agency to release |
information from a minor. |
(g) A consumer reporting agency shall develop a contact |
method to receive and process a request from a consumer to |
temporarily lift a freeze on a credit report pursuant to |
subsection (f) in an expedited manner.
|
A contact method under this subsection shall include:
(i) a |
postal address; and (ii) an electronic contact method chosen by |
|
the consumer reporting agency, which may include the use of |
telephone, fax, Internet, or other electronic means.
|
(h) A consumer reporting agency that receives a request |
from a consumer to temporarily lift a freeze on a credit report |
pursuant to subsection (f), shall comply with the request no |
later than 3 business days after receiving the request.
|
(i) A consumer reporting agency shall remove or temporarily |
lift a freeze placed on a consumer's credit report only in the |
following cases:
|
(1) upon consumer request, pursuant to subsection (f) |
or subsection (l) of this Section; or
|
(2) if the consumer's credit report was frozen due to a |
material misrepresentation of fact by the consumer.
|
If a consumer reporting agency intends to remove a freeze |
upon a consumer's credit report pursuant to this subsection, |
the consumer reporting agency shall notify the consumer in |
writing prior to removing the freeze on the consumer's credit |
report.
|
(j) If a third party requests access to a credit report on |
which a security freeze is in effect, and this request is in |
connection with an application for credit or any other use, and |
the consumer does not allow his or her credit report to be |
accessed for that specific party or period of time, the third |
party may treat the application as incomplete.
|
(k) If a consumer requests a security freeze, the credit |
reporting agency shall disclose to the consumer the process of |
|
placing and temporarily lifting a security freeze, and the |
process for allowing access to information from the consumer's |
credit report for a specific party or period of time while the |
freeze is in place.
|
(l) A security freeze shall remain in place until the |
consumer or person authorized under subsection (c) to act on |
behalf of the minor or person with a disability disabled person |
that is the subject of the security freeze requests, using a |
point of contact designated by the consumer reporting agency, |
that the security freeze be removed. A credit reporting agency |
shall remove a security freeze within 3 business days of |
receiving a request for removal from the consumer, who |
provides:
|
(1) Proper identification;
|
(2) The unique personal identification number or |
password or similar device provided by the consumer |
reporting agency; and
|
(3) A fee, if applicable.
|
(m) A consumer reporting agency shall require proper |
identification of the person making a request to place or |
remove a security freeze and may require proper identification |
and proper authority from the person making the request to |
place or remove a freeze on behalf of the person with a |
disability disabled person or minor.
|
(n) The provisions of subsections (c) through (m) of this |
Section do not apply to the use of a consumer credit report by |
|
any of the following:
|
(1) A person or entity, or a subsidiary, affiliate, or |
agent of that person or entity, or an assignee of a |
financial obligation owing by the consumer to that person |
or entity, or a prospective assignee of a financial |
obligation owing by the consumer to that person or entity |
in conjunction with the proposed purchase of the financial |
obligation, with which the consumer has or had prior to |
assignment an account or contract, including a demand |
deposit account, or to whom the consumer issued a |
negotiable instrument, for the purposes of reviewing the |
account or collecting the financial obligation owing for |
the account, contract, or negotiable instrument. For |
purposes of this subsection, "reviewing the account" |
includes activities related to account maintenance, |
monitoring, credit line increases, and account upgrades |
and enhancements.
|
(2) A subsidiary, affiliate, agent, assignee, or |
prospective assignee of a person to whom access has been |
granted under subsection (f) of this Section for purposes |
of facilitating the extension of credit or other |
permissible use.
|
(3) Any state or local agency, law enforcement agency, |
trial court, or private collection agency acting pursuant |
to a court order, warrant, or subpoena.
|
(4) A child support agency acting pursuant to Title |
|
IV-D of the Social Security Act.
|
(5) The State or its agents or assigns acting to |
investigate fraud.
|
(6) The Department of Revenue or its agents or assigns |
acting to investigate or collect delinquent taxes or unpaid |
court orders or to fulfill any of its other statutory |
responsibilities.
|
(7) The use of credit information for the purposes of |
prescreening as provided for by the federal Fair Credit |
Reporting Act.
|
(8) Any person or entity administering a credit file |
monitoring subscription or similar service to which the |
consumer has subscribed.
|
(9) Any person or entity for the purpose of providing a |
consumer with a copy of his or her credit report or score |
upon the consumer's request.
|
(10) Any person using the information in connection |
with the underwriting of insurance.
|
(n-5) This Section does not prevent a consumer reporting |
agency from charging a fee of no more than $10 to a consumer |
for each freeze, removal, or temporary lift of the freeze, |
regarding access to a consumer credit report, except that a |
consumer reporting agency may not charge a fee to (i) a |
consumer 65 years of age or over for placement and removal of a |
freeze, or (ii) a victim of identity theft who has submitted to |
the consumer reporting agency a valid copy of a police report, |
|
investigative report, or complaint that the consumer has filed |
with a law enforcement agency about unlawful use of his or her |
personal information by another person.
|
(o) If a security freeze is in place, a consumer reporting |
agency shall not change any of the following official |
information in a credit report without sending a written |
confirmation of the change to the consumer within 30 days of |
the change being posted to the consumer's file: (i) name, (ii) |
date of birth, (iii) Social Security number, and (iv) address. |
Written confirmation is not required for technical |
modifications of a consumer's official information, including |
name and street abbreviations, complete spellings, or |
transposition of numbers or letters. In the case of an address |
change, the written confirmation shall be sent to both the new |
address and to the former address.
|
(p) The following entities are not required to place a |
security freeze in a consumer report, however, pursuant to |
paragraph (3) of this subsection, a consumer reporting agency |
acting as a reseller shall honor any security freeze placed on |
a consumer credit report by another consumer reporting agency:
|
(1) A check services or fraud prevention services |
company, which issues reports on incidents of fraud or |
authorizations for the purpose of approving or processing |
negotiable instruments, electronic funds transfers, or |
similar methods of payment.
|
(2) A deposit account information service company, |
|
which issues reports regarding account closures due to |
fraud, substantial overdrafts, ATM abuse, or similar |
negative information regarding a consumer to inquiring |
banks or other financial institutions for use only in |
reviewing a consumer request for a deposit account at the |
inquiring bank or financial institution.
|
(3) A consumer reporting agency that:
|
(A) acts only to resell credit information by |
assembling and merging information contained in a |
database of one or more consumer reporting agencies; |
and
|
(B) does not maintain a permanent database of |
credit information from which new credit reports are |
produced.
|
(q) For purposes of this Section: |
"Credit report" has the same meaning as "consumer report", |
as ascribed to it in 15 U.S.C. Sec. 1681a(d). |
"Consumer reporting agency" has the meaning ascribed to it |
in 15 U.S.C. Sec. 1681a(f). |
"Security freeze" means
a notice placed in a consumer's |
credit report, at the request of the consumer and subject to |
certain exceptions, that prohibits the consumer reporting |
agency from releasing the consumer's credit report or score |
relating to an extension of credit, without the express |
authorization of the consumer.
|
"Extension of credit" does not include
an increase in an |
|
existing open-end credit plan, as defined in Regulation Z of
|
the Federal Reserve System (12 C.F.R. 226.2), or any change to |
or review of an
existing credit account.
|
"Proper authority" means documentation that shows that a |
parent, guardian, or agent has authority to act on behalf of a |
minor or person with a disability disabled person . "Proper |
authority" includes (1) an order issued by a court of law that |
shows that a guardian has authority to act on behalf of a minor |
or person with a disability disabled person , (2) a written, |
notarized statement signed by a parent that expressly describes |
the authority of the parent to act on behalf of the minor, or |
(3) a durable power of attorney that complies with the Illinois |
Power of Attorney Act. |
"Proper identification" means information generally deemed |
sufficient to identify a person. Only if the consumer is unable |
to reasonably identify himself or herself with the information |
described above, may a consumer reporting agency require |
additional information concerning the consumer's employment |
and personal or family history in order to verify his or her |
identity.
|
(r) Any person who violates this Section commits an
|
unlawful practice within the meaning of this Act.
|
(Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13; |
98-486, eff. 1-1-14; 98-756, eff. 7-16-14.)
|
Section 1040. The Home Repair Fraud Act is amended by |
|
changing Section 5 as follows:
|
(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
|
Sec. 5. Aggravated Home Repair Fraud. A person commits the |
offense
of aggravated home repair fraud when he commits home |
repair fraud: |
(i) against an elderly
person or a person with a |
disability as defined in Section 17-56
of the Criminal Code |
of 2012; or |
(ii) in connection with a home repair project intended |
to assist a person with a disability disabled person .
|
(a) Aggravated violation of paragraphs (1) or (2) of |
subsection (a) of
Section 3 of this Act shall be a Class 2 |
felony when the amount of
the
contract or agreement is more |
than $500, a Class 3
felony when the amount
of the contract or |
agreement is $500 or less, and a Class 2
felony for a
second or |
subsequent offense when the amount of the contract or agreement
|
is $500 or less. If 2 or more contracts or agreements for home
|
repair
exceed an aggregate amount of $500 or more and such |
contracts or
agreements are entered into with the same victim |
by one or more of the
defendants as part of or in furtherance |
of a common fraudulent scheme,
design or intention, the |
violation shall be a Class 2 felony.
|
(b) Aggravated violation of paragraph (3) of subsection (a) |
of Section 3
of this Act shall be a Class 2 felony when the |
amount of the contract
or
agreement is more than $5,000 and a |
|
Class 3 felony
when the amount of the
contract or agreement is |
$5,000 or less.
|
(c) Aggravated violation of paragraph (4) of subsection (a) |
of
Section 3 of this Act shall be a Class 3 felony when the |
amount of
the
contract or agreement is more than $500, a Class |
4
felony when the amount
of the contract or agreement is $500 |
or less and a Class
3 felony for a
second or subsequent offense |
when the amount of the contract or agreement
is $500 or less.
|
(d) Aggravated violation of paragraphs (1) or (2) of |
subsection (b) of
Section 3 of this Act shall be a Class 3 |
felony.
|
(e) If a person commits aggravated home repair fraud, then |
any State or
local license or permit held by that person that |
relates to the business of
home repair may be appropriately |
suspended or revoked by the issuing authority,
commensurate |
with the severity of the offense.
|
(f) A defense to aggravated home repair fraud does not |
exist merely
because
the accused reasonably believed the victim |
to be a person less than 60 years
of age.
|
(Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11; |
97-1150, eff. 1-25-13.)
|
Section 1045. The Motor Vehicle Franchise Act is amended by |
changing Section 4 as follows:
|
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
|
|
Sec. 4. Unfair competition and practices.
|
(a) The unfair methods of competition and unfair and |
deceptive acts or
practices listed in this Section are hereby |
declared to be unlawful. In
construing the provisions of this |
Section, the courts may be guided by the
interpretations of the |
Federal Trade Commission Act (15 U.S.C. 45 et
seq.), as from |
time to time amended.
|
(b) It shall be deemed a violation for any manufacturer, |
factory branch,
factory representative, distributor or |
wholesaler, distributor branch,
distributor representative or |
motor vehicle dealer to engage in any action
with respect to a |
franchise which is arbitrary, in bad faith or
unconscionable |
and which causes damage to any of the parties or to the public.
|
(c) It shall be deemed a violation for a manufacturer, a |
distributor,
a wholesaler, a distributor branch or division, a |
factory branch or division,
or a wholesale branch or division, |
or officer, agent or other representative
thereof, to coerce, |
or attempt to coerce, any motor vehicle dealer:
|
(1) to accept, buy or order any motor vehicle or |
vehicles, appliances,
equipment, parts or accessories |
therefor, or any other commodity or commodities
or service |
or services which such motor vehicle dealer has not |
voluntarily
ordered or requested except items required by |
applicable local, state or
federal law; or to require a |
motor vehicle dealer to accept, buy, order or
purchase such |
items in order to obtain any motor vehicle or vehicles or |
|
any
other commodity or commodities which have been ordered |
or requested by such
motor vehicle dealer;
|
(2) to order or accept delivery of any motor vehicle |
with special
features, appliances, accessories or |
equipment not included in the list
price of the motor |
vehicles as publicly advertised by the manufacturer
|
thereof, except items required by applicable law; or
|
(3) to order for anyone any parts, accessories, |
equipment, machinery,
tools, appliances or any commodity |
whatsoever, except items required by
applicable law.
|
(d) It shall be deemed a violation for a manufacturer, a |
distributor,
a wholesaler, a distributor branch or division, or |
officer, agent or other
representative thereof:
|
(1) to adopt, change, establish or implement a plan or |
system for the
allocation and distribution of new motor |
vehicles to motor vehicle dealers
which is arbitrary or |
capricious or to modify an existing plan so as to cause
the |
same to be arbitrary or capricious;
|
(2) to fail or refuse to advise or disclose to any |
motor vehicle dealer
having a franchise or selling |
agreement, upon written request therefor,
the basis upon |
which new motor vehicles of the same line make are |
allocated
or distributed to motor vehicle dealers in the |
State and the basis upon
which the current allocation or |
distribution is being made or will be made
to such motor |
vehicle dealer;
|
|
(3) to refuse to deliver in reasonable quantities and |
within a reasonable
time after receipt of dealer's order, |
to any motor vehicle dealer having
a franchise or selling |
agreement for the retail sale of new motor vehicles
sold or |
distributed by such manufacturer, distributor, wholesaler, |
distributor
branch or division, factory branch or division |
or wholesale branch or division,
any such motor vehicles as |
are covered by such franchise or selling agreement
|
specifically publicly advertised in the State by such |
manufacturer,
distributor, wholesaler, distributor branch |
or division, factory branch or
division, or wholesale |
branch or division to be available for immediate
delivery. |
However, the failure to deliver any motor vehicle shall not |
be
considered a violation of this Act if such failure is |
due to an act of God,
a work stoppage or delay due to a |
strike or labor difficulty, a shortage
of materials, a lack |
of manufacturing capacity, a freight embargo or other
cause |
over which the manufacturer, distributor, or wholesaler, |
or any agent
thereof has no control;
|
(4) to coerce, or attempt to coerce, any motor vehicle |
dealer to enter
into any agreement with such manufacturer, |
distributor, wholesaler, distributor
branch or division, |
factory branch or division, or wholesale branch or
|
division, or officer, agent or other representative |
thereof, or to do any
other act prejudicial to the dealer |
by threatening to reduce his allocation
of motor vehicles |
|
or cancel any franchise or any selling agreement existing
|
between such manufacturer, distributor, wholesaler, |
distributor branch or
division, or factory branch or |
division, or wholesale branch or division,
and the dealer. |
However, notice in good faith to any motor vehicle dealer
|
of the dealer's violation of any terms or provisions of |
such franchise or
selling agreement or of any law or |
regulation applicable to the conduct of
a motor vehicle |
dealer shall not constitute a violation of this Act;
|
(5) to require a franchisee to participate in an |
advertising campaign
or contest or any promotional |
campaign, or to purchase or lease any promotional
|
materials, training materials, show room or other display |
decorations or
materials at the expense of the franchisee;
|
(6) to cancel or terminate the franchise or selling |
agreement of a
motor vehicle dealer without good cause and |
without giving notice as
hereinafter provided; to fail or |
refuse to extend the franchise or selling
agreement of a |
motor vehicle dealer upon its expiration without good cause
|
and without giving notice as hereinafter provided; or, to |
offer a renewal,
replacement or succeeding franchise or |
selling agreement containing terms
and provisions the |
effect of which is to substantially change or modify the
|
sales and service obligations or capital requirements of |
the motor vehicle
dealer arbitrarily and without good cause |
and without giving notice as
hereinafter provided |
|
notwithstanding any term or provision of a franchise
or |
selling agreement.
|
(A) If a manufacturer, distributor, wholesaler, |
distributor branch or
division, factory branch or |
division or wholesale branch or division intends
to |
cancel or terminate a franchise or selling agreement or |
intends not to
extend or renew a franchise or selling |
agreement on its expiration, it shall
send a letter by |
certified mail, return
receipt requested, to the |
affected
franchisee at least
60 days before the |
effective date of the
proposed action, or not later |
than 10 days before the proposed action when the
reason |
for the action is based upon either of the following:
|
(i) the
business operations of the franchisee |
have been abandoned or
the franchisee has failed to |
conduct customary sales and service operations
|
during customary business hours for at least 7
|
consecutive business
days unless such closing is |
due to an act of God, strike or labor
difficulty or |
other cause over which the franchisee has no |
control; or
|
(ii) the conviction of or plea of nolo
|
contendere by the motor
vehicle dealer or any |
operator thereof in a court of competent |
jurisdiction
to an offense punishable by |
imprisonment for more than two years.
|
|
Each notice of proposed action shall include a |
detailed statement
setting forth the specific grounds |
for the proposed cancellation, termination,
or refusal |
to extend or renew and shall state that the dealer has
|
only 30 days from receipt of
the notice to file with |
the Motor Vehicle Review Board a written protest
|
against the proposed action.
|
(B) If a manufacturer, distributor, wholesaler, |
distributor branch or
division, factory branch or |
division or wholesale branch or division intends
to |
change substantially or modify the sales and service |
obligations or
capital requirements of a motor vehicle |
dealer as a condition to extending
or renewing the |
existing franchise or selling agreement of such motor
|
vehicle dealer, it shall
send a letter by certified |
mail, return receipt requested, to the affected
|
franchisee at
least 60
days
before the date of |
expiration of the franchise or selling agreement. Each
|
notice of proposed action shall include a detailed |
statement setting forth
the specific grounds for the |
proposed action
and shall state that the dealer has |
only 30 days from receipt of
the notice to file with |
the Motor Vehicle Review Board a written protest
|
against the proposed action.
|
(C) Within 30 days from receipt of the notice under
|
subparagraphs (A) and (B),
the franchisee may file with |
|
the Board a written
protest against the proposed |
action.
|
When the protest has been timely filed, the Board |
shall enter an
order,
fixing a date (within 60 days of |
the date of the order), time,
and place of a hearing on |
the protest required under Sections 12 and 29
of this |
Act, and send by certified mail, return receipt |
requested, a copy of
the order to the manufacturer that |
filed the notice of intention of the
proposed action |
and to the protesting dealer or franchisee.
|
The manufacturer shall have the burden of proof to |
establish that good
cause exists to cancel or |
terminate, or fail to extend or renew the franchise
or
|
selling agreement of a motor vehicle dealer or |
franchisee, and to change
substantially or modify the |
sales and service obligations or capital
requirements |
of a motor vehicle dealer as a condition to extending |
or renewing
the existing franchise or selling |
agreement. The determination whether good
cause exists |
to cancel, terminate, or refuse to renew or extend the |
franchise
or selling agreement, or to change or modify |
the obligations of the dealer as a
condition to offer |
renewal, replacement, or succession shall be made
by |
the Board under subsection (d) of Section 12 of this |
Act.
|
(D) Notwithstanding the terms, conditions, or |
|
provisions of a
franchise
or selling agreement, the |
following shall not constitute good cause for
|
cancelling or terminating or failing to extend or renew |
the franchise or
selling agreement: (i) the change of |
ownership or executive management of the
franchisee's |
dealership; or (ii)
the
fact that the franchisee or |
owner of an interest in the franchise owns, has
an |
investment in, participates in the management of, or |
holds a license for
the sale of the same or any other |
line make of new motor vehicles.
|
(E) The manufacturer may not cancel or terminate, |
or fail to extend or
renew a franchise or selling |
agreement or change or modify the obligations of
the |
franchisee as a condition to offering a renewal, |
replacement, or succeeding
franchise or selling |
agreement before the hearing process is concluded as
|
prescribed by this Act, and thereafter, if the Board |
determines that the
manufacturer has failed to meet its |
burden of proof and that good cause does
not exist to |
allow the proposed action;
|
(7) notwithstanding the terms of any franchise |
agreement, to fail to
indemnify and hold harmless its |
franchised dealers against any judgment
or settlement for |
damages, including, but not limited to, court costs, expert
|
witness fees, reasonable attorneys' fees of the new motor |
vehicle
dealer, and other expenses incurred in the |
|
litigation, so long as such fees
and costs are reasonable,
|
arising out
of complaints, claims or lawsuits including, |
but not limited to, strict
liability, negligence, |
misrepresentation, warranty (express or implied),
or |
recision of the sale as defined in Section 2-608 of the |
Uniform Commercial
Code, to the extent that the judgment or |
settlement relates to the alleged
defective or negligent |
manufacture, assembly or design of new motor vehicles,
|
parts or accessories or other functions by the |
manufacturer, beyond the
control of the dealer; provided |
that, in order to provide an adequate
defense, the |
manufacturer receives notice of the filing of a complaint, |
claim,
or lawsuit within 60 days after the filing;
|
(8) to require or otherwise coerce a motor vehicle |
dealer to underutilize the motor vehicle dealer's |
facilities by requiring or otherwise coercing the motor |
vehicle dealer to exclude or remove from the motor vehicle |
dealer's facilities operations for selling or servicing of |
any vehicles for which the motor vehicle dealer has a |
franchise agreement with another manufacturer, |
distributor, wholesaler, distribution branch or division, |
or officer, agent, or other representative thereof; |
provided, however, that, in light of all existing |
circumstances, (i) the motor vehicle dealer maintains a |
reasonable line of credit for each make or line of new |
motor vehicle, (ii) the new motor vehicle dealer remains in |
|
compliance with any reasonable facilities requirements of |
the manufacturer, (iii) no change is made in the principal |
management of the new motor vehicle dealer, and (iv) the |
addition of the make or line of new motor vehicles would be |
reasonable. The reasonable facilities requirement set |
forth in item (ii) of subsection (d)(8) shall not include |
any requirement that a franchisee establish or maintain |
exclusive facilities, personnel, or display space. Any |
decision by a motor vehicle dealer to sell additional makes |
or lines at the motor vehicle dealer's facility shall be |
presumed to be reasonable, and the manufacturer shall have |
the burden to overcome that presumption. A motor vehicle |
dealer must provide a written notification of its intent to |
add a make or line of new motor vehicles to the |
manufacturer. If the manufacturer does not respond to the |
motor vehicle dealer, in writing, objecting to the addition |
of the make or line within 60 days after the date that the |
motor vehicle dealer sends the written notification, then |
the manufacturer shall be deemed to have approved the |
addition of the make or line; or |
(9) to use or consider the performance of a motor |
vehicle dealer relating to the sale of the manufacturer's, |
distributor's, or wholesaler's vehicles or the motor |
vehicle dealer's ability to satisfy any minimum sales or |
market share quota or responsibility relating to the sale |
of the manufacturer's, distributor's, or wholesaler's new |
|
vehicles in determining: |
(A) the motor vehicle dealer's eligibility to |
purchase program, certified, or other used motor |
vehicles from the manufacturer, distributor, or |
wholesaler; |
(B) the volume, type, or model of program, |
certified, or other used motor vehicles that a motor |
vehicle dealer is eligible to purchase from the |
manufacturer, distributor, or wholesaler; |
(C) the price of any program, certified, or other |
used motor vehicle that the dealer is eligible to |
purchase from the manufacturer, distributor, or |
wholesaler; or |
(D) the availability or amount of any discount, |
credit, rebate, or sales incentive that the dealer is |
eligible to receive from the manufacturer, |
distributor, or wholesaler for the purchase of any |
program, certified, or other used motor vehicle |
offered for sale by the manufacturer, distributor, or |
wholesaler. |
(e) It shall be deemed a violation for a manufacturer, a |
distributor,
a wholesaler, a distributor branch or division or |
officer, agent or other
representative thereof:
|
(1) to resort to or use any false or misleading |
advertisement in
connection with his business as such |
manufacturer, distributor, wholesaler,
distributor branch |
|
or division or officer, agent or other representative
|
thereof;
|
(2) to offer to sell or lease, or to sell or lease, any |
new motor vehicle
to any motor vehicle dealer at a lower |
actual price therefor than the actual
price offered to any |
other motor vehicle dealer for the same model vehicle
|
similarly equipped or to utilize any device including, but |
not limited to,
sales promotion plans or programs which |
result in such lesser actual
price or fail to make |
available to any motor vehicle dealer any
preferential |
pricing, incentive, rebate, finance rate, or low interest |
loan
program offered to competing motor vehicle dealers in |
other contiguous states.
However, the provisions of this |
paragraph shall not apply to sales
to a motor vehicle |
dealer for resale to any unit of the United States
|
Government, the State or any of its political subdivisions;
|
(3) to offer to sell or lease, or to sell or lease, any |
new motor vehicle
to any person, except a wholesaler, |
distributor or manufacturer's employees
at a lower actual |
price therefor than the actual price offered and charged
to |
a motor vehicle dealer for the same model vehicle similarly |
equipped or
to utilize any device which results in such |
lesser actual price. However,
the provisions of this |
paragraph shall not apply to sales to a motor
vehicle |
dealer for resale to any unit of the United States |
Government, the
State or any of its political subdivisions;
|
|
(4) to prevent or attempt to prevent by contract or |
otherwise any motor
vehicle dealer or franchisee from |
changing the executive management control
of the motor
|
vehicle dealer or franchisee unless the franchiser, having |
the burden of
proof, proves that such change of executive |
management will result in executive
management control by a |
person or persons who are not of good moral character
or |
who do not meet the franchiser's existing and, with |
consideration given
to the volume of sales and service of |
the dealership, uniformly applied
minimum business |
experience standards in the market area. However where
the |
manufacturer rejects a proposed change in executive |
management
control, the manufacturer shall give written |
notice of his reasons to the
dealer within 60 days of |
notice to the manufacturer by the dealer of
the proposed |
change. If the manufacturer does not send a letter to the
|
franchisee by certified mail, return receipt requested, |
within 60 days from
receipt by
the manufacturer of the |
proposed change, then the change of the
executive |
management control of the franchisee shall be deemed
|
accepted as proposed by the franchisee, and the |
manufacturer shall give
immediate
effect to such change;
|
(5) to prevent or attempt to prevent by contract or |
otherwise any motor
vehicle dealer from establishing or |
changing the capital structure of his
dealership or the |
means by or through which he finances the operation |
|
thereof;
provided the dealer meets any reasonable capital |
standards agreed to between
the dealer and the |
manufacturer, distributor or wholesaler, who may require
|
that the sources, method and manner by which the dealer |
finances or intends
to finance its operation, equipment or |
facilities be fully disclosed;
|
(6) to refuse to give effect to or prevent or attempt |
to prevent by
contract or otherwise any motor vehicle |
dealer or any officer, partner or
stockholder of any motor |
vehicle dealer from selling or transferring any
part of the |
interest of any of them to any other person or persons or |
party
or parties unless such sale or transfer is to a |
transferee who would
not otherwise qualify for a new motor |
vehicle dealers license under "The
Illinois Vehicle Code" |
or unless the franchiser, having the burden of proof,
|
proves that such sale or transfer is to a person or party |
who is not of
good moral character or does not meet the |
franchiser's existing and reasonable
capital standards |
and, with consideration given to the volume of sales and
|
service of the dealership, uniformly applied minimum |
business experience
standards in the market area.
However, |
nothing herein shall be construed to prevent a
franchiser |
from implementing affirmative action programs providing |
business
opportunities for minorities or from complying |
with applicable federal,
State or local law:
|
(A) If the manufacturer intends to refuse to |
|
approve the sale or
transfer of all or a part of the |
interest, then it shall, within 60 days from
receipt of |
the completed application forms generally utilized by |
a manufacturer
to conduct its review and a copy of all |
agreements regarding the proposed
transfer, send a |
letter by certified mail, return receipt requested, |
advising
the franchisee of any refusal to approve the |
sale or transfer of all or part of
the interest
and |
shall state that the dealer only has 30 days from the |
receipt of the
notice to file with the Motor Vehicle |
Review Board a written protest against
the proposed |
action.
The
notice shall set forth specific criteria |
used to evaluate the prospective
transferee and the |
grounds for refusing to approve the sale or transfer to
|
that transferee. Within 30 days from the franchisee's |
receipt of the
manufacturer's notice, the
franchisee |
may file
with the Board a written protest against the |
proposed action.
|
When a protest has been timely filed, the Board |
shall enter an
order, fixing the date (within 60 days |
of the date of such
order), time, and place of a |
hearing on the protest, required under
Sections 12 and |
29 of this Act, and send by certified mail, return |
receipt
requested, a copy of the order to the |
manufacturer that filed notice of
intention of the |
proposed action and to the protesting franchisee.
|
|
The manufacturer shall have the burden of proof to |
establish that good
cause exists to refuse to approve |
the sale or transfer to the transferee. The
|
determination whether good cause exists to refuse to |
approve the sale or
transfer shall be made by the Board |
under subdivisions (6)(B).
The manufacturer shall not |
refuse to approve the sale or transfer
by
a dealer or |
an officer, partner, or stockholder of a franchise or |
any part
of the interest to any person or persons |
before the hearing process is
concluded as prescribed |
by this Act, and thereafter if the Board determines
|
that the manufacturer has failed to meet its burden of |
proof and that good
cause does not exist to refuse to |
approve the sale or transfer to the
transferee.
|
(B) Good cause to refuse to approve such sale or |
transfer under this
Section is established when such |
sale or transfer is to a transferee who would
not |
otherwise qualify for a new motor vehicle dealers |
license under "The
Illinois Vehicle Code" or such sale |
or transfer is to a person or party who is
not of good |
moral character or does not meet the franchiser's |
existing and
reasonable capital standards and, with |
consideration given to the volume of
sales and service |
of the dealership, uniformly applied minimum business
|
experience standards in the market area.
|
(7) to obtain money, goods, services, anything of |
|
value, or any other
benefit from any other person with whom |
the motor vehicle dealer does business,
on account of or in |
relation to the transactions between the dealer and
the |
other person as compensation, except for services actually |
rendered,
unless such benefit is promptly accounted for and |
transmitted to the motor
vehicle dealer;
|
(8) to grant an additional franchise in the relevant |
market area of an
existing franchise of the same line make |
or to relocate an existing motor
vehicle dealership within |
or into a relevant market area of an existing
franchise of |
the same line make.
However, if the manufacturer wishes to
|
grant such an additional franchise to an independent person |
in a bona fide
relationship in which such person is |
prepared to make a significant
investment subject to loss |
in such a dealership, or if the manufacturer
wishes to |
relocate an existing motor vehicle dealership, then the
|
manufacturer shall send a letter
by certified mail, return |
receipt requested, to each existing dealer or dealers
of |
the same line make whose relevant
market area includes the |
proposed location of the additional or relocated
franchise |
at least
60 days before the manufacturer grants an |
additional franchise or relocates an
existing franchise of |
the same line make within or into the relevant market
area |
of an existing
franchisee of the same line make. Each |
notice shall set forth the specific
grounds for the |
proposed grant of an additional or relocation of an |
|
existing
franchise and shall state that the dealer has only |
30 days from the date of receipt of the notice to file with |
the Motor Vehicle Review Board a written protest against |
the proposed action. Unless the parties agree upon the |
grant or establishment of the
additional or relocated |
franchise within 30 days from the date the
notice was
|
received by the existing franchisee of the same line make |
or any person
entitled to receive such notice, the |
franchisee or other person may file
with the Board a |
written protest against the grant or establishment of the
|
proposed additional or relocated franchise.
|
When a protest has been timely filed, the Board shall |
enter an order
fixing a date (within 60 days of the date of |
the order), time,
and place of a hearing on the protest, |
required under Sections 12 and 29
of this Act, and send by |
certified or registered mail, return receipt
requested, a |
copy of the order to the manufacturer that filed the notice |
of
intention to grant or establish the proposed additional |
or relocated
franchise and to the protesting dealer or |
dealers of the same line make
whose
relevant market area |
includes the proposed location of the additional or
|
relocated franchise.
|
When more than one protest is filed against the grant |
or establishment of
the
additional or relocated franchise |
of the same line make, the Board may
consolidate the |
hearings to expedite disposition of the matter. The
|
|
manufacturer shall have the burden of proof to establish |
that good cause
exists to allow the grant or establishment |
of the additional or relocated
franchise. The manufacturer |
may not grant or establish the additional
franchise or |
relocate the existing franchise before the hearing process |
is
concluded as prescribed by this Act, and thereafter if |
the Board determines
that the manufacturer has failed to |
meet its burden of proof and that good
cause does not exist |
to allow the grant or establishment of the additional
|
franchise or relocation of the existing franchise.
|
The determination whether good cause exists for |
allowing the grant or
establishment of an additional |
franchise or relocated existing franchise,
shall be made by |
the Board under subsection (c) of Section 12 of this Act.
|
If the manufacturer seeks to enter
into a contract, |
agreement or other arrangement with any person,
|
establishing any additional motor vehicle dealership or |
other facility,
limited to the sale of factory repurchase |
vehicles or late model vehicles,
then the manufacturer |
shall follow the notice procedures set forth in this
|
Section and the
determination whether good cause exists for |
allowing the proposed agreement
shall be made by the Board |
under subsection (c) of Section 12, with the
manufacturer |
having
the burden of proof.
|
A. (Blank).
|
B. For the purposes of this Section, appointment of |
|
a successor motor
vehicle dealer at the same location |
as its predecessor, or within 2 miles
of such location,
|
or the relocation of an existing dealer or franchise |
within 2 miles of
the relocating dealer's or |
franchisee's existing location,
shall not be construed |
as a grant, establishment or the
entering into of an |
additional franchise or selling agreement, or a
|
relocation of an existing franchise. The reopening
of a |
motor vehicle dealership that has not been in operation |
for 18 months
or more shall be deemed the grant of an |
additional franchise or selling
agreement.
|
C. This Section does not apply to the relocation of |
an existing
dealership or franchise in a county having |
a population of more than
300,000 persons when the new |
location is within the dealer's current
relevant |
market area, provided the new location is more than 7 |
miles from
the nearest dealer of the same line make. |
This Section does not apply to
the relocation of an |
existing dealership or franchise in a county having a
|
population of less than 300,000 persons when the new |
location is within the
dealer's current relevant |
market area, provided the new location is more
than 12 |
miles from the nearest dealer of the same line make. A |
dealer that would be farther away
from the new location |
of an existing dealership or
franchise of the same line |
make after a relocation may not
file a written protest |
|
against the relocation with the
Motor Vehicle Review |
Board.
|
D. Nothing in this Section shall be construed to |
prevent a
franchiser from implementing affirmative |
action programs providing business
opportunities for |
minorities or from complying with applicable federal,
|
State or local law;
|
(9) to require a motor vehicle dealer to assent to a |
release, assignment,
novation, waiver or estoppel which |
would relieve any person from liability
imposed by this |
Act;
|
(10) to prevent or refuse to give effect to the |
succession to the
ownership or management control of a |
dealership by any legatee under the
will of a dealer or to |
an heir under the laws of descent and distribution
of this |
State unless the franchisee has designated a successor to |
the ownership
or management control under the succession |
provisions of the franchise.
Unless the
franchiser, having |
the burden of proof, proves that the successor
is a person |
who is not of good moral character or does not meet the
|
franchiser's existing and reasonable capital standards |
and, with consideration
given to the volume of sales and |
service of the dealership, uniformly applied
minimum |
business experience standards in the market area, any |
designated
successor of a dealer or franchisee may succeed |
to the ownership or management
control of a dealership |
|
under the existing franchise if:
|
(i) The designated successor gives the |
franchiser written notice by
certified mail, |
return receipt requested, of his or her intention |
to succeed to
the ownership of the dealer within 60 |
days of the dealer's death or incapacity;
and
|
(ii) The designated successor agrees to be |
bound by all the terms
and
conditions of the |
existing franchise.
|
Notwithstanding the foregoing, in the event the motor |
vehicle dealer or
franchisee and manufacturer have duly |
executed an agreement concerning
succession rights prior |
to the dealer's death or incapacitation, the agreement
|
shall be observed.
|
(A) If the franchiser intends to refuse to honor |
the successor to the
ownership of a deceased or |
incapacitated dealer or franchisee under an
existing |
franchise agreement, the franchiser shall send a |
letter by certified
mail, return receipt requested, to |
the
designated successor within
60 days
from receipt of |
a proposal advising of its intent to refuse to honor |
the
succession and to discontinue the existing |
franchise agreement
and shall state that the |
designated successor only has 30 days from the
receipt |
of the notice to file with the Motor Vehicle Review |
Board a written
protest against the proposed action.
|
|
The notice shall set forth the
specific grounds for the |
refusal to honor the succession and discontinue the
|
existing franchise agreement.
|
If notice of refusal is not timely served upon the |
designated
successor,
the franchise agreement shall |
continue in effect subject to termination only as
|
otherwise permitted by paragraph (6) of subsection (d) |
of Section 4 of this
Act.
|
Within 30 days from the date the notice was |
received by the
designated
successor or any other |
person entitled to notice, the designee or other
person |
may file with the Board a written protest against the |
proposed action.
|
When a protest has been timely filed, the Board |
shall enter an
order,
fixing a date (within 60 days of |
the date of the order), time,
and place of a hearing on |
the protest, required under Sections 12 and 29
of this |
Act, and send by certified mail, return receipt |
requested, a copy of
the order to the franchiser that |
filed the notice of intention of the
proposed action |
and to the protesting designee or such other person.
|
The manufacturer shall have the burden of proof to |
establish that good
cause exists to refuse to honor the |
succession and discontinue the existing
franchise |
agreement. The determination whether good cause exists |
to refuse to
honor the succession shall be made by the |
|
Board under subdivision (B) of this
paragraph (10). The |
manufacturer shall not refuse to honor the succession |
or
discontinue the existing franchise agreement before |
the hearing process is
concluded as prescribed by this |
Act, and thereafter if the Board determines
that it has |
failed to meet its burden of proof and that good cause |
does not
exist to refuse to honor the succession and |
discontinue the existing
franchise agreement.
|
(B) No manufacturer shall impose any conditions |
upon honoring the
succession and continuing the |
existing franchise agreement with the designated
|
successor other than that the franchisee has |
designated a successor to the
ownership or management |
control under the succession provisions of the
|
franchise, or that the designated successor is of good |
moral character or meets
the reasonable capital |
standards and, with consideration given to the volume |
of
sales and service of the dealership, uniformly |
applied minimum business
experience standards in the |
market area;
|
(11) to prevent or refuse to approve a proposal to |
establish a successor
franchise at a location previously |
approved by the franchiser when submitted
with the |
voluntary termination by the existing franchisee unless |
the successor
franchisee would not otherwise qualify for a |
new motor vehicle dealer's
license under the Illinois |
|
Vehicle Code or unless the franchiser, having
the burden of |
proof, proves that such proposed successor is not of good
|
moral character or does not meet the franchiser's existing |
and reasonable
capital standards and, with consideration |
given to the volume of sales and
service of the dealership, |
uniformly applied minimum business experience
standards in |
the market area. However, when such a rejection
of a |
proposal is made, the manufacturer shall give written |
notice of its
reasons to the franchisee within 60 days of |
receipt by the manufacturer
of the proposal. However, |
nothing herein shall be construed
to prevent a franchiser |
from implementing affirmative action programs providing
|
business opportunities for minorities, or from complying |
with applicable
federal, State or local law;
|
(12) to prevent or refuse to grant a franchise to a |
person because such
person owns, has investment in or |
participates in the management of or holds
a franchise for |
the sale of another make or line of motor vehicles within
7 |
miles of the proposed franchise location in a county having |
a population
of more than 300,000 persons, or within 12 |
miles of the proposed franchise
location in a county having |
a population of less than 300,000
persons; or
|
(13) to prevent or attempt to prevent any new motor |
vehicle dealer
from establishing any additional motor |
vehicle dealership or other facility
limited to the sale of |
factory repurchase vehicles or late model vehicles
or |
|
otherwise offering for sale factory repurchase vehicles of |
the same line
make at an existing franchise by failing to |
make
available any contract, agreement or other |
arrangement which is made
available or otherwise offered to |
any person.
|
(f) It is deemed a violation for a manufacturer, a |
distributor, a
wholesale,
a distributor
branch or division, a |
factory branch or division, or a wholesale branch or
division, |
or
officer, agent, broker, shareholder, except a shareholder of |
1% or less of the
outstanding
shares of any class of securities |
of a manufacturer, distributor, or wholesaler
which is a
|
publicly traded corporation, or other representative, directly |
or indirectly,
to own or
operate a place of business as a motor |
vehicle franchisee or motor vehicle
financing
affiliate, |
except that, this subsection shall not prohibit the ownership |
or
operation of a
place of business by a manufacturer, |
distributor, or wholesaler for a period,
not to exceed
18 |
months, during the transition from one motor vehicle franchisee |
to another;
or the
investment in a motor vehicle franchisee by |
a manufacturer, distributor, or
wholesaler if
the investment is |
for the sole purpose of enabling a partner or shareholder in
|
that motor
vehicle franchisee to acquire an interest in that |
motor vehicle franchisee and
that partner
or shareholder is not |
otherwise employed by or associated with the
manufacturer,
|
distributor, or wholesaler and would not otherwise have the |
requisite capital
investment
funds to invest in the motor |
|
vehicle franchisee, and has the right to purchase
the entire
|
equity interest of the manufacturer, distributor, or |
wholesaler in the motor
vehicle
franchisee within a reasonable |
period of time not to exceed 5 years.
|
(g) Notwithstanding the terms, provisions, or conditions |
of any agreement or
waiver, it shall be deemed a violation for |
a manufacturer, a distributor,
a wholesaler, a distributor |
branch or division, a factory branch or division,
or a |
wholesale branch or division, or officer, agent or other |
representative
thereof, to directly or indirectly condition |
the awarding of a franchise to a
prospective new motor vehicle |
dealer, the addition of a line make or
franchise to an existing |
dealer, the renewal of a franchise of an existing
dealer, the |
approval of the relocation of an existing dealer's facility, or |
the
approval of the sale or transfer of the ownership of a |
franchise on the
willingness of a dealer, proposed new dealer, |
or owner of an interest in the
dealership facility to enter |
into a site control agreement or exclusive use
agreement unless |
separate and reasonable consideration was offered and accepted |
for that agreement. |
For purposes of this subsection (g), the terms "site |
control
agreement" and "exclusive use agreement" include any |
agreement that has
the effect of either (i) requiring that the |
dealer establish or maintain
exclusive dealership facilities; |
or (ii) restricting the ability of the dealer, or
the ability |
of the dealer's lessor in the event the dealership facility is |
|
being
leased, to transfer, sell, lease, or change the use of |
the dealership premises,
whether by sublease, lease, |
collateral pledge of lease, or other similar agreement. "Site |
control agreement" and "exclusive use agreement" also include a |
manufacturer restricting the ability of a dealer to transfer, |
sell, or lease the dealership premises by right of first |
refusal to purchase or lease, option to purchase, or option to |
lease if the transfer, sale, or lease of the dealership |
premises is to a person who is an immediate family member of |
the dealer. For the purposes of this subsection (g), "immediate |
family member" means a spouse, parent, son, daughter, |
son-in-law, daughter-in-law, brother, and sister. |
If a manufacturer exercises any right of first refusal to |
purchase or lease or option to purchase or lease with regard to |
a transfer, sale, or lease of the dealership premises to a |
person who is not an immediate family member of the dealer, |
then (1) within 60 days from the receipt of the completed |
application forms generally utilized by a manufacturer to |
conduct its review and a copy of all agreements regarding the |
proposed transfer, the manufacturer must notify the dealer of |
its intent to exercise the right of first refusal to purchase |
or lease or option to purchase or lease and (2) the exercise of |
the right of first refusal to purchase or lease or option to |
purchase or lease must result in the dealer receiving |
consideration, terms, and conditions that either are the same |
as or greater than that which they have contracted to receive |
|
in connection with the proposed transfer, sale, or lease of the |
dealership premises. |
Any provision
contained in any agreement entered into on or |
after the effective date of this amendatory Act of the 96th |
General Assembly that is inconsistent with the provisions of |
this subsection (g) shall be
voidable at the election of the |
affected dealer, prospective dealer, or owner
of an interest in |
the dealership facility. |
(h) For purposes of this subsection: |
"Successor manufacturer" means any motor vehicle |
manufacturer that, on or after January 1, 2009, acquires, |
succeeds to, or
assumes any part of the business of another |
manufacturer, referred to as the
"predecessor manufacturer", |
as the result of any of the following: |
(i) A change in ownership, operation, or control of the |
predecessor
manufacturer by sale or transfer of assets, |
corporate stock or other
equity interest, assignment, |
merger, consolidation, combination, joint
venture, |
redemption, court-approved sale, operation of law or
|
otherwise. |
(ii) The termination, suspension, or cessation of a |
part or all of the
business operations of the predecessor |
manufacturer. |
(iii) The discontinuance of the sale of the product |
line. |
(iv) A change in distribution system by the predecessor |
|
manufacturer,
whether through a change in distributor or |
the predecessor
manufacturer's decision to cease |
conducting business through a
distributor altogether. |
"Former Franchisee" means a new motor vehicle dealer that |
has entered into a franchise with a predecessor manufacturer |
and that has either: |
(i) entered into a termination agreement or deferred |
termination
agreement with a predecessor or successor |
manufacturer related to
such franchise; or |
(ii) has had such franchise canceled, terminated, |
nonrenewed,
noncontinued, rejected, nonassumed, or |
otherwise ended. |
For a period of 3 years from: (i) the date that a successor |
manufacturer acquires, succeeds to, or assumes any part of the |
business of a predecessor manufacturer; (ii) the last day that |
a former franchisee is authorized to remain in business as a |
franchised dealer with respect to a particular franchise under |
a termination agreement or deferred termination agreement with |
a predecessor or successor manufacturer; (iii) the last day |
that a former franchisee that was cancelled, terminated, |
nonrenewed, noncontinued, rejected, nonassumed, or otherwise |
ended by a predecessor or successor manufacturer is authorized |
to remain in business as a franchised dealer with respect to a |
particular franchise; or (iv) the effective date of this |
amendatory Act of the 96th General Assembly, whichever is |
latest, it shall be unlawful for such successor manufacturer to |
|
enter into a same line make franchise with any
person or to |
permit the relocation of any existing same line
make franchise, |
for a line make of the predecessor manufacturer that would be |
located or
relocated within the relevant market area of a |
former franchisee who owned or leased a
dealership facility in |
that relevant market area without first offering the additional |
or relocated
franchise to the former franchisee, or the |
designated successor of such former franchisee in the
event the |
former franchisee is deceased or a person with a disability |
disabled , at no cost and without any requirements or
|
restrictions other than those imposed generally on the |
manufacturer's other franchisees at that
time, unless one of |
the following applies: |
(1) As a result of the former franchisee's |
cancellation, termination,
noncontinuance, or nonrenewal |
of the franchise, the predecessor
manufacturer had |
consolidated the line make with another of its line makes
|
for which the predecessor manufacturer had a franchisee |
with a then-existing
dealership facility located within |
that relevant market area. |
(2) The successor manufacturer has paid the former |
franchisee, or the
designated successor of such former |
franchisee in the event the former
franchisee is deceased |
or a person with a disability disabled , the fair market |
value of the former
franchisee's franchise on (i) the date |
the franchisor announces the action which results in the |
|
termination, cancellation, or nonrenewal; or (ii) the date |
the action which results in termination, cancellation, or |
nonrenewal first became general knowledge; or (iii) the day |
12 months prior to the date on which the notice of |
termination, cancellation, or nonrenewal is issued, |
whichever amount is higher. Payment is due within 90 days |
of the effective date of the termination, cancellation, or |
nonrenewal. If the termination, cancellation, or |
nonrenewal is due to a manufacturer's change in |
distributors, the manufacturer may avoid paying fair |
market value to the dealer if the new distributor or the |
manufacturer offers the dealer a franchise agreement with |
terms acceptable to the dealer. |
(3) The successor manufacturer proves that it would |
have had good cause to terminate the franchise agreement of |
the former franchisee, or the successor of the former |
franchisee under item (e)(10) in the event that the former |
franchisee is deceased or a person with a disability |
disabled . The determination of whether the successor |
manufacturer would have had good cause to terminate the |
franchise agreement of the former franchisee, or the |
successor of the former franchisee, shall be made by the |
Board under subsection (d) of Section 12. A successor |
manufacturer that seeks to assert that it would have had |
good cause to terminate a former franchisee, or the |
successor of the former franchisee, must file a petition |
|
seeking a hearing on this issue before the Board and shall |
have the burden of proving that it would have had good |
cause to terminate the former franchisee or the successor |
of the former franchisee. No successor dealer, other than |
the former franchisee, may be appointed or franchised by |
the successor manufacturer within the relevant market area |
of the former franchisee until the Board has held a hearing |
and rendered a determination on the issue of whether the |
successor manufacturer would have had good cause to |
terminate the former franchisee. |
In the event that a successor manufacturer attempts to |
enter into a same line make franchise with any person or to |
permit the relocation of any existing line make franchise under |
this subsection (h) at a location that is within the relevant |
market area of 2 or more former franchisees, then the successor |
manufacturer may not offer it to any person other than one of |
those former franchisees unless the successor manufacturer can |
prove that at least one of the 3 exceptions in items (1), (2), |
and (3) of this subsection (h) applies to each of those former |
franchisees. |
(Source: P.A. 96-11, eff. 5-22-09; 96-824, eff. 11-25-09.)
|
Section 1050. The Minimum Wage Law is amended by changing |
Sections 4 and 10 as follows:
|
(820 ILCS 105/4) (from Ch. 48, par. 1004)
|
|
Sec. 4. (a)(1) Every employer shall pay to each of his |
employees in every
occupation wages of not less than $2.30 per |
hour or in the case of
employees under 18 years of age wages of |
not less than $1.95 per hour,
except as provided in Sections 5 |
and 6 of this Act, and on and after
January 1, 1984, every |
employer shall pay to each of his employees in every
occupation |
wages of not less than $2.65 per hour or in the case of
|
employees under 18 years of age wages of not less than $2.25 |
per hour, and
on and after October 1, 1984 every employer shall |
pay to each of his
employees in every occupation wages of not |
less than $3.00 per hour or in
the case of employees under 18 |
years of age wages of not less than $2.55
per hour, and on or |
after July 1, 1985 every employer shall pay to each of
his |
employees in every occupation wages of not less than $3.35 per |
hour or
in the case of employees under 18 years of age wages of |
not less than $2.85
per hour,
and from January 1, 2004 through |
December 31, 2004 every employer shall pay
to
each of his or |
her employees who is 18 years of age or older in every
|
occupation wages of not less than $5.50 per hour, and from
|
January 1,
2005 through June 30, 2007 every employer shall pay |
to each of his or her employees who is 18 years
of age or older |
in every occupation wages of not less than $6.50 per hour, and |
from July 1, 2007 through June 30, 2008 every employer shall |
pay to each of his or her employees who is 18 years
of age or |
older in every occupation wages of not less than $7.50 per |
hour, and from July 1, 2008 through June 30, 2009 every |
|
employer shall pay to each of his or her employees who is 18 |
years
of age or older in every occupation wages of not less |
than $7.75 per hour, and from July 1, 2009 through June 30, |
2010 every employer shall pay to each of his or her employees |
who is 18 years
of age or older in every occupation wages of |
not less than $8.00 per hour, and on and after July 1, 2010 |
every employer shall pay to each of his or her employees who is |
18 years of age or older in every occupation wages of not less |
than $8.25 per hour.
|
(2) Unless an employee's wages are reduced under Section 6, |
then in lieu of the rate prescribed in item (1) of this |
subsection (a), an employer may pay an employee who is 18 years |
of age or older, during the first 90 consecutive calendar days |
after the employee is initially employed by the employer, a |
wage that is not more than 50¢
less than the wage prescribed in |
item (1) of this subsection (a); however, an employer shall pay |
not less than the rate prescribed in item (1) of this |
subsection (a) to: |
(A) a day or temporary laborer, as defined in Section 5 |
of the Day and Temporary Labor Services Act, who is 18 |
years of age or older; and |
(B) an employee who is 18 years of age or older and |
whose employment is occasional or irregular and
requires |
not more than 90 days to complete. |
(3) At no time
shall the wages paid to any employee under |
18 years of age be more than 50¢
less than the wage required to |
|
be paid to employees who are at least 18 years
of age under |
item (1) of this subsection (a).
|
(b) No employer shall discriminate between employees on the |
basis of sex
or mental or physical disability handicap , except |
as otherwise provided in this Act by
paying wages to employees |
at a rate less than the rate at which he pays
wages to |
employees for the same or substantially
similar work on jobs |
the performance of which requires equal skill, effort,
and |
responsibility, and which are performed under similar working
|
conditions, except where such payment is made pursuant to (1) a |
seniority
system; (2) a merit system; (3) a system which |
measures earnings by
quantity or quality of production; or (4) |
a differential based on any other
factor other than sex or |
mental or physical disability handicap , except as otherwise
|
provided in this Act.
|
(c) Every employer of an employee engaged in an
occupation |
in which gratuities have customarily and usually constituted |
and
have been recognized as part of the remuneration for hire |
purposes is
entitled to an allowance for gratuities as part of |
the hourly wage rate
provided in Section 4, subsection (a) in |
an amount not to exceed 40% of the
applicable minimum wage |
rate. The Director shall require each employer
desiring an |
allowance for gratuities to provide substantial evidence that
|
the amount claimed, which may not exceed 40% of the applicable |
minimum wage
rate, was received by the employee in the period |
for which the claim of
exemption is made, and no part thereof |
|
was returned to the employer.
|
(d) No camp counselor who resides on the premises of a |
seasonal camp of
an organized not-for-profit corporation shall |
be subject to the adult minimum
wage if the camp counselor (1) |
works 40 or more hours per week, and (2)
receives a total |
weekly salary of not less than the adult minimum
wage for a |
40-hour week. If the counselor works less than 40 hours per
|
week, the counselor shall be paid the minimum hourly wage for |
each hour
worked. Every employer of a camp counselor under this |
subsection is entitled
to an allowance for meals and lodging as |
part of the hourly wage rate provided
in Section 4, subsection |
(a), in an amount not to exceed 25% of the
minimum wage rate.
|
(e) A camp counselor employed at a day camp is not subject |
to the adult minimum wage if the
camp counselor is paid a |
stipend on a onetime or periodic basis and, if
the camp |
counselor is a minor, the minor's parent, guardian or other
|
custodian has consented in writing to the terms of payment |
before the
commencement of such employment.
|
(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07; |
95-945, eff. 1-1-09.)
|
(820 ILCS 105/10) (from Ch. 48, par. 1010)
|
Sec. 10.
(a) The Director shall make and revise |
administrative regulations,
including definitions of terms, as |
he deems appropriate to carry out the
purposes of this Act, to |
prevent the circumvention or evasion thereof, and
to safeguard |
|
the minimum wage established by the Act. Regulations governing
|
employment of learners may be issued only after notice and |
opportunity for
public hearing, as provided in subsection (c) |
of this Section.
|
(b) In order to prevent curtailment of opportunities for |
employment,
avoid undue hardship, and safeguard the minimum |
wage rate under this Act,
the Director may also issue |
regulations providing for the employment of
workers with |
disabilities handicapped workers at wages lower than the wage |
rate applicable under this
Act, under permits and for such |
periods of time as specified therein; and
providing for the |
employment of learners at wages lower than the wage rate
|
applicable under this Act. However, such regulation shall not |
permit lower
wages for persons with disabilities the |
handicapped on any basis that is unrelated to such person's
|
ability resulting from his disability handicap , and such |
regulation may be issued only
after notice and opportunity for |
public hearing as provided in subsection
(c) of this Section.
|
(c) Prior to the adoption, amendment or repeal of any rule |
or regulation
by the Director under this Act, except |
regulations which concern only the
internal management of the |
Department of Labor and do not affect any public
right provided |
by this Act, the Director shall give proper notice to
persons |
in any industry or occupation that may be affected by the |
proposed
rule or regulation, and hold a public hearing on his |
proposed action at
which any such affected person, or his duly |
|
authorized representative, may
attend and testify or present |
other evidence for or against such proposed
rule or regulation. |
Rules and regulations adopted under this Section shall
be filed |
with the Secretary of State in compliance with "An Act |
concerning
administrative rules", as now or hereafter amended. |
Such adopted and filed
rules and regulations shall become |
effective 10 days after copies thereof
have been mailed by the |
Department to persons in industries affected
thereby at their |
last known address.
|
(d) The commencement of proceedings by any person aggrieved |
by an
administrative regulation issued under this Act does not, |
unless
specifically ordered by the Court, operate as a stay of |
that administrative
regulation against other persons. The |
Court shall not grant any stay of an
administrative regulation |
unless the person complaining of such regulation
files in the |
Court an undertaking with a surety or sureties satisfactory to
|
the Court for the payment to the employees affected by the |
regulation, in
the event such regulation is affirmed, of the |
amount by which the
compensation such employees are entitled to |
receive under the regulation
exceeds the compensation they |
actually receive while such stay is in
effect.
|
(Source: P.A. 77-1451.)
|
Section 1055. The Workers' Compensation Act is amended by |
changing Sections 6 and 17 as follows:
|
|
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
|
Sec. 6. (a) Every employer within the provisions of this |
Act, shall,
under the rules and regulations prescribed by the |
Commission, post
printed notices in their respective places of |
employment in such number
and at such places as may be |
determined by the Commission, containing
such information |
relative to this Act as in the judgment of the
Commission may |
be necessary to aid employees to safeguard their rights
under |
this Act in event of injury.
|
In addition thereto, the employer shall post in a |
conspicuous place
on the place of the employment a printed or |
typewritten notice stating
whether he is insured or whether he |
has qualified and is operating as a
self-insured employer. In |
the event the employer is insured, the notice
shall state the |
name and address of his insurance carrier, the number of
the |
insurance policy, its effective date and the date of |
termination. In
the event of the termination of the policy for |
any reason prior to the
termination date stated, the posted |
notice shall promptly be corrected
accordingly. In the event |
the employer is operating as a self-insured
employer the notice |
shall state the name and address of the company, if
any, |
servicing the compensation payments of the employer, and the |
name
and address of the person in charge of making compensation |
payments.
|
(b) Every employer subject to this Act shall maintain |
accurate
records of work-related deaths, injuries and illness |
|
other than minor
injuries requiring only first aid treatment |
and which do not involve
medical treatment, loss of |
consciousness, restriction of work or motion,
or transfer to |
another job and file with the Commission, in writing, a
report |
of all accidental deaths, injuries and illnesses arising out of
|
and in the course of the employment resulting in the loss of |
more than
3 scheduled work days. In the case of death such |
report shall be
made no later than 2 working days following the |
accidental death. In
all other cases such report shall be made |
between the 15th and 25th of
each month unless required to be |
made sooner by rule of the Commission.
In case the injury |
results in permanent disability, a further report
shall be made |
as soon as it is determined that such permanent disability
has |
resulted or will result from the injury. All reports shall |
state
the date of the injury, including the time of day or |
night, the nature
of the employer's business, the name, |
address, age, sex, conjugal
condition of the injured person, |
the specific occupation of the injured
person, the direct cause |
of the injury and the nature of the accident,
the character of |
the injury, the length of disability, and in case of
death the |
length of disability before death, the wages of the injured
|
person, whether compensation has been paid to the injured |
person, or to
his or her legal representative or his heirs or |
next of kin, the amount of
compensation paid, the amount paid |
for physicians', surgeons' and
hospital bills, and by whom |
paid, and the amount paid for funeral or
burial expenses if |
|
known. The reports shall be made on forms and in the
manner as |
prescribed by the Commission and shall contain such further
|
information as the Commission shall deem necessary and require. |
The
making of these reports releases the employer from making |
such reports
to any other officer of the State and shall |
satisfy the reporting
provisions as contained in the Safety |
Inspection and Education Act, the Health and Safety Act, and |
the Occupational Safety and Health Act. The reports filed with |
the
Commission pursuant to this Section shall be made available |
by the
Commission to the Director of Labor or his |
representatives and to all
other departments of the State of |
Illinois which shall require such
information for the proper |
discharge of their official duties. Failure
to file with the |
Commission any of the reports required in this Section
is a |
petty offense.
|
Except as provided in this paragraph, all reports filed |
hereunder shall
be confidential and any person
having access to |
such records filed with the Illinois Workers' Compensation |
Commission as
herein required, who shall release any |
information therein contained
including the names or otherwise |
identify any persons sustaining
injuries or disabilities, or |
give access to such information to any
unauthorized person, |
shall be subject to discipline or discharge, and in
addition |
shall be guilty of a Class B misdemeanor. The Commission shall
|
compile and distribute to interested persons aggregate |
statistics, taken
from the reports filed hereunder. The |
|
aggregate statistics shall not give
the names or otherwise |
identify persons sustaining injuries or disabilities
or the |
employer of any injured person or person with a disability or |
disabled person .
|
(c) Notice of the accident shall be given to the employer |
as soon as
practicable, but not later than 45 days after the |
accident. Provided:
|
(1) In case of the legal disability of the employee
or |
any dependent of a
deceased employee who may be entitled to |
compensation under the
provisions of this Act, the |
limitations of time by this Act provided do
not begin to |
run against such person under legal disability
until a
|
guardian has been appointed.
|
(2) In cases of injuries sustained by exposure to |
radiological
materials or equipment, notice shall be given |
to the employer within 90
days subsequent to the time that |
the employee knows or suspects that he
has received an |
excessive dose of radiation.
|
No defect or inaccuracy of such notice shall be a bar to |
the
maintenance of proceedings on arbitration or otherwise by |
the employee
unless the employer proves that he is unduly |
prejudiced in such
proceedings by such defect or inaccuracy.
|
Notice of the accident shall give the approximate date and |
place of
the accident, if known, and may be given orally or in |
writing.
|
(d) Every employer shall notify each injured employee who |
|
has been
granted compensation under the provisions of Section 8 |
of this Act
of his rights to rehabilitation services and advise |
him of the locations
of available public rehabilitation centers |
and any other such services
of which the employer has |
knowledge.
|
In any case, other than one where the injury was caused by |
exposure
to radiological materials or equipment or asbestos |
unless the application for
compensation is filed with the |
Commission within 3 years after the date
of the accident, where |
no compensation has been paid, or within 2 years
after the date |
of the last payment of compensation, where any has been
paid, |
whichever shall be later, the right to file such application |
shall
be barred.
|
In any case of injury caused by exposure to radiological |
materials or
equipment or asbestos, unless application for |
compensation is filed with the
Commission within 25 years after |
the last day that the employee was
employed in an environment |
of hazardous radiological activity or asbestos,
the right to |
file such application shall be barred.
|
If in any case except one where the injury was caused by |
exposure to
radiological materials or equipment or asbestos, |
the accidental injury
results in death application for |
compensation for death may be filed with the
Commission within |
3 years after the date of death where no compensation
has been |
paid or within 2 years after the date of the last payment of
|
compensation where any has been paid, whichever shall be later, |
|
but not
thereafter.
|
If an accidental injury caused by exposure to radiological |
material
or equipment or asbestos results in death within 25 |
years after the last
day that the employee was so exposed |
application for compensation for death may
be filed with the |
Commission within 3 years after the date of death,
where no |
compensation has been paid, or within 2 years after the date of
|
the last payment of compensation where any has been paid, |
whichever
shall be later, but not thereafter.
|
(e) Any contract or agreement made by any employer or his |
agent or
attorney with any employee or any other beneficiary of |
any claim under
the provisions of this Act within 7 days after |
the injury shall be
presumed to be fraudulent.
|
(f) Any condition or impairment of health of an employee |
employed as a
firefighter, emergency medical technician (EMT), |
emergency medical technician-intermediate (EMT-I), advanced |
emergency medical technician (A-EMT), or paramedic which |
results
directly or indirectly from any bloodborne pathogen, |
lung or respiratory
disease
or condition, heart
or vascular |
disease or condition, hypertension, tuberculosis, or cancer
|
resulting in any disability (temporary, permanent, total, or |
partial) to the
employee shall be rebuttably presumed to arise |
out of and in the course of
the employee's firefighting, EMT, |
or paramedic employment and, further, shall
be
rebuttably |
presumed to be causally connected to the hazards or exposures |
of
the employment. This presumption shall also apply to any |
|
hernia or hearing
loss suffered by an employee employed as a |
firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this |
presumption shall not apply to any employee who has been |
employed
as a firefighter, EMT, or paramedic for less than 5 |
years at the time he or she files an Application for Adjustment |
of Claim concerning this condition or impairment with the |
Illinois Workers' Compensation Commission. The rebuttable |
presumption established under this subsection, however, does |
not apply to an emergency medical technician (EMT), emergency |
medical technician-intermediate (EMT-I), advanced emergency |
medical technician (A-EMT), or paramedic employed by a private |
employer if the employee spends the preponderance of his or her |
work time for that employer engaged in medical transfers |
between medical care facilities or non-emergency medical |
transfers to or from medical care facilities. The changes made |
to this subsection by Public Act 98-291 shall be narrowly |
construed. The Finding and Decision of the Illinois Workers' |
Compensation Commission under only the rebuttable presumption |
provision of this subsection shall not be admissible or be |
deemed res judicata in any disability claim under the Illinois |
Pension Code arising out of the same medical condition; |
however, this sentence makes no change to the law set forth in |
Krohe v. City of Bloomington, 204 Ill.2d 392.
|
(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973, |
eff. 8-15-14; revised 10-1-14.)
|
|
(820 ILCS 305/17) (from Ch. 48, par. 138.17)
|
Sec. 17. The Commission shall cause to be printed and |
furnish free of
charge upon request by any employer or employee |
such blank forms as may
facilitate or promote efficient |
administration and the performance of
the duties of the |
Commission. It shall provide a proper record in which
shall be |
entered and indexed the name of any employer who shall file a
|
notice of declination or withdrawal under this Act, and the |
date of the
filing thereof; and a proper record in which shall |
be entered and
indexed the name of any employee who shall file |
such notice of
declination or withdrawal, and the date of the |
filing thereof; and such
other notices as may be required by |
this Act; and records in which shall
be recorded all |
proceedings, orders and awards had or made by the
Commission or |
by the arbitration committees, and such other books or
records |
as it shall deem
necessary, all such records to be kept in the
|
office of the Commission.
|
The Commission may destroy all papers and documents which |
have been
on file for more than 5 years where there is no claim |
for compensation
pending or where more than 2 years have |
elapsed since the termination of
the compensation period.
|
The Commission shall compile and distribute to interested |
persons aggregate
statistics, taken from any records and |
reports in the possession of the
Commission. The aggregate |
statistics shall not give the names or otherwise
identify |
persons sustaining injuries or disabilities or the employer of
|
|
any injured person or person with a disability or disabled |
person .
|
The Commission is authorized to establish reasonable fees |
and methods
of payment limited to covering only the costs to |
the Commission for processing,
maintaining and generating |
records or data necessary for the computerized
production of |
documents, records and other materials except to the extent
of |
any salaries or compensation of Commission officers or |
employees.
|
All fees collected by the Commission under this Section |
shall be deposited
in the Statistical Services Revolving Fund |
and credited to the account of
the Illinois Workers' |
Compensation Commission.
|
(Source: P.A. 93-721, eff. 1-1-05.)
|
Section 1060. The Workers' Occupational Diseases Act is |
amended by changing Sections 5, 6, 10, and 17 as follows:
|
(820 ILCS 310/5) (from Ch. 48, par. 172.40)
|
(Text of Section WITH the changes made by P.A. 89-7, which |
has been held
unconstitutional)
|
Sec. 5.
(a) There is no common law or statutory right to |
recover
compensation or damages from the employer, his insurer, |
his broker, any
service organization retained by the employer, |
his insurer or his broker
to provide safety service, advice or |
recommendations for the employer or
the agents or employees of |
|
any of them for or on account of any injury
to health, disease, |
or death therefrom, other than for the compensation
herein |
provided or for damages as provided in Section 3 of this Act.
|
This Section shall not affect any right to compensation under |
the
"Workers' Compensation Act".
|
No compensation is payable under this Act for any condition |
of
physical or mental ill-being, disability, disablement, or |
death for
which compensation is recoverable on account of |
accidental injury under
the "Workers' Compensation Act".
|
(b) Where the disablement or death for which compensation |
is payable
under this Act was caused under circumstances |
creating a legal liability
for damages on the part of some |
person other than his employer to pay
damages, then legal |
proceedings may be taken against such other person
to recover |
damages notwithstanding such employer's payment of or
|
liability to pay compensation under this Act. In such case, |
however, if
the action against such other person is brought by |
the employee with a disability disabled employee
or his |
personal representative and judgment is obtained and paid or
|
settlement is made with such other person, either with or |
without suit,
then from the amount received by such employee or |
personal
representative there shall be paid to the employer the |
amount of
compensation paid or to be paid by him to such |
employee or personal
representative, including amounts paid or |
to be paid pursuant to
paragraph (a) of Section 8 of the |
Workers' Compensation Act as required under
Section 7 of this |
|
Act.
If the employee or personal representative brings an |
action against
another person and the other person then brings |
an action for contribution
against the employer, the amount, if |
any, that shall be paid to the employer by
the
employee or |
personal representative pursuant to this Section shall be |
reduced
by an amount equal to the
amount found by the trier of |
fact to be the employer's pro rata share of the
common |
liability in the action.
|
Out of any reimbursement received by the employer, pursuant |
to this
Section the employer shall pay his pro rata share of |
all costs and
reasonably necessary expenses in connection with |
such third party claim,
action or suit, and where the services |
of an attorney at law of the
employee or dependents have |
resulted in or substantially contributed to
the procurement by |
suit, settlement or otherwise of the proceeds out of
which the |
employer is reimbursed, then, in the absence of other
|
agreement, the employer shall pay such attorney 25% of the |
gross amount
of such reimbursement.
|
If the employee with a disability disabled employee or his |
personal representative agrees to
receive compensation from |
the employer or accept from the employer any
payment on account |
of such compensation, or to institute proceedings to
recover |
the same, the employer may have or claim a lien upon any award,
|
judgment or fund out of which such employee might be |
compensated from
such third party.
|
In such actions brought by the employee or his personal
|
|
representative, he shall forthwith notify his employer by |
personal
service or registered mail, of such fact and of the |
name of the court in
which the suit is brought, filing proof |
thereof in the action. The
employer may, at any time thereafter |
join in the action upon his motion
so that all orders of court |
after hearing and judgment shall be made for
his protection. No |
release or settlement of claim for damages by reason
of such |
disability or death, and no satisfaction of judgment in such
|
proceedings, are valid without the written consent of both |
employer and
employee or his personal representative, except in |
the case of the
employers, such consent is not required where |
the employer has been
fully indemnified or protected by court |
order.
|
In the event the employee or his personal representative |
fails to
institute a proceeding against such third person at |
any time prior to 3
months before such action would be barred |
at law the employer may in his
own name, or in the name of the |
employee or his personal representative,
commence a proceeding |
against such other person for the recovery of
damages on |
account of such disability or death to the employee, and out
of |
any amount recovered the employer shall pay over to the injured
|
employee or his personal representative all sums collected from |
such
other person by judgment or otherwise in excess of the |
amount of such
compensation paid or to be paid under this Act, |
including amounts paid
or to be paid pursuant to paragraph (a) |
of Section 8 of the Workers'
Compensation Act as required by |
|
Section 7 of this Act, and
costs, attorney's fees and |
reasonable expenses as may be incurred by
such employer in |
making such collection or in enforcing such liability.
|
This amendatory Act of 1995 applies to causes of action |
accruing on or
after
its effective date.
|
(Source: P.A. 89-7, eff. 3-9-95 .)
|
(Text of Section WITHOUT the changes made by P.A. 89-7, |
which has been held
unconstitutional)
|
Sec. 5.
(a) There is no common law or statutory right to |
recover
compensation or damages from the employer, his insurer, |
his broker, any
service organization retained by the employer, |
his insurer or his broker
to provide safety service, advice or |
recommendations for the employer or
the agents or employees of |
any of them for or on account of any injury
to health, disease, |
or death therefrom, other than for the compensation
herein |
provided or for damages as provided in Section 3 of this Act.
|
This Section shall not affect any right to compensation under |
the
"Workers' Compensation Act".
|
No compensation is payable under this Act for any condition |
of
physical or mental ill-being, disability, disablement, or |
death for
which compensation is recoverable on account of |
accidental injury under
the "Workers' Compensation Act".
|
(b) Where the disablement or death for which compensation |
is payable
under this Act was caused under circumstances |
creating a legal liability
for damages on the part of some |
|
person other than his employer to pay
damages, then legal |
proceedings may be taken against such other person
to recover |
damages notwithstanding such employer's payment of or
|
liability to pay compensation under this Act. In such case, |
however, if
the action against such other person is brought by |
the employee with a disability disabled employee
or his |
personal representative and judgment is obtained and paid or
|
settlement is made with such other person, either with or |
without suit,
then from the amount received by such employee or |
personal
representative there shall be paid to the employer the |
amount of
compensation paid or to be paid by him to such |
employee or personal
representative, including amounts paid or |
to be paid pursuant to
paragraph (a) of Section 8 of this Act.
|
Out of any reimbursement received by the employer, pursuant |
to this
Section the employer shall pay his pro rata share of |
all costs and
reasonably necessary expenses in connection with |
such third party claim,
action or suit, and where the services |
of an attorney at law of the
employee or dependents have |
resulted in or substantially contributed to
the procurement by |
suit, settlement or otherwise of the proceeds out of
which the |
employer is reimbursed, then, in the absence of other
|
agreement, the employer shall pay such attorney 25% of the |
gross amount
of such reimbursement.
|
If the employee with a disability disabled employee or his |
personal representative agrees to
receive compensation from |
the employer or accept from the employer any
payment on account |
|
of such compensation, or to institute proceedings to
recover |
the same, the employer may have or claim a lien upon any award,
|
judgment or fund out of which such employee might be |
compensated from
such third party.
|
In such actions brought by the employee or his personal
|
representative, he shall forthwith notify his employer by |
personal
service or registered mail, of such fact and of the |
name of the court in
which the suit is brought, filing proof |
thereof in the action. The
employer may, at any time thereafter |
join in the action upon his motion
so that all orders of court |
after hearing and judgment shall be made for
his protection. No |
release or settlement of claim for damages by reason
of such |
disability or death, and no satisfaction of judgment in such
|
proceedings, are valid without the written consent of both |
employer and
employee or his personal representative, except in |
the case of the
employers, such consent is not required where |
the employer has been
fully indemnified or protected by court |
order.
|
In the event the employee or his personal representative |
fails to
institute a proceeding against such third person at |
any time prior to 3
months before such action would be barred |
at law the employer may in his
own name, or in the name of the |
employee or his personal representative,
commence a proceeding |
against such other person for the recovery of
damages on |
account of such disability or death to the employee, and out
of |
any amount recovered the employer shall pay over to the injured
|
|
employee or his personal representative all sums collected from |
such
other person by judgment or otherwise in excess of the |
amount of such
compensation paid or to be paid under this Act, |
including amounts paid
or to be paid pursuant to paragraph (a) |
of Section 8 of this Act, and
costs, attorney's fees and |
reasonable expenses as may be incurred by
such employer in |
making such collection or in enforcing such liability.
|
(Source: P.A. 81-992.)
|
(820 ILCS 310/6) (from Ch. 48, par. 172.41)
|
Sec. 6. (a) Every employer operating under the compensation
|
provisions of this Act, shall post printed notices in their |
respective
places of employment in conspicuous places and in |
such number and at
such places as may be determined by the |
Commission, containing such
information relative to this Act as |
in the judgment of the Commission
may be necessary to aid |
employees to safeguard their rights under this Act.
|
In addition thereto, the employer shall post in a |
conspicuous place
on the premises of the employment a printed |
or typewritten notice
stating whether he is insured or whether |
he has qualified and is
operating as a self-insured employer. |
In the event the employer is
insured, the notice shall state |
the name and address of his or her insurance
carrier, the |
number of the insurance policy, its effective date and the
date |
of termination. In the event of the termination of the policy |
for
any reason prior to the termination date stated, the posted |
|
notice shall
promptly be corrected accordingly. In the event |
the employer is
operating as a self-insured employer the notice |
shall state the name and
address of the company, if any, |
servicing the compensation payments of
the employer, and the |
name and address of the person in charge of making
compensation |
payments.
|
(b) Every employer subject to this Act shall maintain |
accurate
records of work-related deaths, injuries and |
illnesses other than minor
injuries requiring only first aid |
treatment and which do not involve
medical treatment, loss of |
consciousness, restriction of work or motion
or transfer to |
another job and file with the Illinois Workers' Compensation |
Commission, in
writing, a report of all occupational diseases |
arising out of and in the
course of the employment and |
resulting in death, or disablement or
illness resulting in the |
loss of more than 3 scheduled work
days. In the case
of death |
such report shall be made no later than 2 working days
|
following the occupational death. In all other cases such |
report shall
be made between the 15th and 25th of each month |
unless required to be
made sooner by rule of the Illinois |
Workers' Compensation Commission. In case the
occupational |
disease results in permanent disability, a further report
shall |
be made as soon as it is determined that such permanent |
disability
has resulted or will result therefrom. All reports |
shall state the date
of the disablement, the nature of the |
employer's business, the name,
address, the age, sex, conjugal |
|
condition of the person with a disability disabled person , the
|
specific occupation of the person, the nature and character of |
the
occupational disease, the length of disability, and, in |
case of death,
the length of disability before death, the wages |
of the employee,
whether compensation has been paid to the |
employee, or to his legal
representative or his heirs or next |
of kin, the amount of compensation
paid, the amount paid for |
physicians', surgeons' and hospital bills, and
by whom paid, |
and the amount paid for funeral or burial expenses, if
known. |
The reports shall be made on forms and in the manner as
|
prescribed by the Illinois Workers' Compensation
Commission |
and shall contain such further
information as the Commission |
shall deem necessary and require. The
making of such reports |
releases the employer from making such reports to
any other |
officer of the State and shall satisfy the reporting
provisions |
as contained in the Safety Inspection and Education Act, the |
Health And Safety Act, and the Occupational Safety and Health |
Act. The report filed with the Illinois Workers' Compensation
|
Commission pursuant to the provisions of this Section shall be |
made
available by the Illinois Workers' Compensation |
Commission to the Director of Labor or his
representatives, to |
the Department of Public Health pursuant to the
Illinois Health |
and Hazardous Substances Registry Act, and to all other
|
departments of the State of Illinois which shall require such |
information
for the proper discharge of their official duties. |
Failure to file with
the Commission any of the reports required |
|
in this Section is a petty offense.
|
Except as provided in this paragraph, all reports filed |
hereunder shall
be confidential and any person
having access to |
such records filed with the Illinois Workers' Compensation |
Commission as
herein required, who shall release the names or |
otherwise identify any
persons sustaining injuries or |
disabilities, or gives access to such
information to any |
unauthorized person, shall be subject to discipline
or |
discharge, and in addition shall be guilty of a Class B |
misdemeanor.
The Commission shall compile and distribute to |
interested persons aggregate
statistics, taken from the |
reports filed hereunder. The aggregate statistics
shall not |
give the names or otherwise identify persons sustaining |
injuries
or disabilities or the employer of any injured person |
or person with a disability or disabled person .
|
(c) There shall be given notice to the employer of |
disablement
arising from an occupational disease as soon as |
practicable after the
date of the disablement. If the |
Commission shall find that the failure
to give such notice |
substantially prejudices the rights of the employer
the |
Commission in its discretion may order that the right of the
|
employee to proceed under this Act shall be barred.
|
In case of legal disability of the employee or any |
dependent of a
deceased employee who may be entitled to |
compensation, under the
provisions of this Act, the limitations |
of time in this Section of this
Act provided shall not begin to |
|
run against such person who is under legal
disability until a |
conservator or guardian has been appointed. No defect or
|
inaccuracy of such notice shall be a bar to the maintenance of |
proceedings on
arbitration or otherwise by the employee unless |
the employer proves that
he or she is unduly prejudiced in such |
proceedings by such defect or
inaccuracy. Notice of the |
disabling disease may be given orally or in writing.
In any |
case, other than injury or death caused by exposure to |
radiological
materials or equipment or asbestos, unless |
application for compensation
is filed with the Commission |
within 3 years after the date of the
disablement, where no |
compensation has been paid, or within 2 years
after the date of |
the last payment of compensation, where any has been
paid, |
whichever shall be later, the right to file such application
|
shall be barred. If the occupational disease results in death,
|
application for compensation for death may be filed with the |
Commission
within 3 years after the date of death where no |
compensation has been
paid, or within 3 years after the last |
payment of compensation, where
any has been paid, whichever is |
later, but not thereafter.
|
Effective July 1, 1973 in cases of disability caused by |
coal miners
pneumoconiosis unless application for compensation |
is filed with the
Commission within 5 years after the employee |
was last exposed where no
compensation has been paid, or within |
5 years after the last payment of
compensation where any has |
been paid, the right to file such application
shall be barred.
|
|
In cases of disability caused by exposure to radiological |
materials
or equipment or asbestos, unless application for |
compensation is filed with the
Commission within 25 years after |
the employee was so exposed, the right
to file such application |
shall be barred.
|
In cases of death occurring within 25 years from the last |
exposure to
radiological material or equipment or asbestos, |
application for compensation
must be filed within 3 years of |
death where no compensation has been paid, or
within 3 years, |
after the date of the last payment where any has been
paid, but |
not thereafter.
|
(d) Any contract or agreement made by any employer or his |
agent or
attorney with any employee or any other beneficiary of |
any claim under
the provisions of this Act within 7 days after |
the disablement shall be
presumed to be fraudulent.
|
(Source: P.A. 98-874, eff. 1-1-15 .)
|
(820 ILCS 310/10) (from Ch. 48, par. 172.45)
|
Sec. 10.
The basis for computing the compensation provided |
for in Sections
7 and 8 of the Act shall be as follows:
|
(a) The compensation shall be computed on the basis of the |
annual
earnings which the person with a disability disabled |
person received as salary, wages or earnings if
in the |
employment of the same employer continuously during the year |
next
preceding the day of last exposure.
|
(b) Employment by the same employer shall be taken to mean |
|
employment by
the same employer in the grade in which the |
employee was employed at the
time of the last day of the last |
exposure, uninterrupted by absence from
work due to illness or |
any other unavoidable cause.
|
(c) If such person has not been engaged in the employment |
of the same
employer for the full year immediately preceding |
the last day of the last
exposure, the compensation shall be |
computed according to the annual
earnings which persons of the |
same class in the same employment and same
location, (or if |
that be impracticable, of neighboring employments of the
same |
kind) have earned during such period.
|
(d) As to employees in employments in which it is the |
custom to operate
throughout the working days of the year, the |
annual earnings, if not
otherwise determinable, shall be |
regarded as 300 times the average daily
earnings in such |
computation.
|
(e) As to employees in employments in which it is the |
custom to operate
for a part of the whole number of working |
days in each year, such number,
if the annual earnings are not |
otherwise determinable, shall be used
instead of 300 as a basis |
for computing the annual earnings, provided the
minimum number |
of days which shall be so used for the basis of the year's
work |
shall be not less than 200.
|
(f) In the case of injured employees who earn either no |
wage or less
than the earnings of adult day laborers in the |
same line of employment in
that locality, the yearly wage shall |
|
be reckoned according to the average
annual earnings of adults |
of the same class in the same (or if that is
impracticable, |
then of neighboring) employments.
|
(g) Earnings, for the purpose of this section, shall be |
based on the
earnings for the number of hours commonly regarded |
as a day's work for that
employment, and shall include overtime |
earnings. The earnings shall not
include any sum which the |
employer has been accustomed to pay the employee
to cover any |
special expense entailed on him by the nature of his
|
employment.
|
(h) In computing the compensation to be paid to any |
employee, who,
before the disablement for which he claims |
compensation, was a person with a disability disabled and
|
drawing compensation under the terms of this Act, the |
compensation for
each subsequent disablement shall be |
apportioned according to the
proportion of incapacity and |
disability caused by the respective
disablements which he may |
have suffered.
|
(i) To determine the amount of compensation for each |
installment period,
the amount per annum shall be ascertained |
pursuant hereto, and such amount
divided by the number of |
installment periods per annum.
|
(Source: P.A. 79-78.)
|
(820 ILCS 310/17) (from Ch. 48, par. 172.52)
|
Sec. 17. The Commission shall cause to be printed and shall |
|
furnish
free of charge upon request by any employer or employee |
such blank forms
as it shall deem requisite to facilitate or |
promote the efficient
administration of this Act, and the |
performance of the duties of the
Commission. It shall provide a |
proper record in which shall be entered
and indexed the name of |
any employer who shall file a notice of election
under this |
Act, and the date of the filing thereof; and a proper record
in |
which shall be entered and indexed the name of any employee who |
shall
file a notice of election, and the date of the filing |
thereof; and such
other notices as may be required by this Act; |
and records in which shall
be recorded all proceedings, orders |
and awards had or made by the
Commission, or by the arbitration |
committees, and such other books or
records as it shall deem |
necessary, all such records to be kept in the
office of the |
Commission. The Commission, in its discretion, may destroy
all |
papers and documents except notices of election and waivers |
which
have been on file for more than five years where there is |
no claim for
compensation pending, or where more than two years |
have elapsed since
the termination of the compensation period.
|
The Commission shall compile and distribute to interested |
persons aggregate
statistics, taken from any records and |
reports in the possession of the
Commission. The aggregate |
statistics shall not give the names or otherwise
identify |
persons sustaining injuries or disabilities or the employer of
|
any injured person or person with a disability or disabled |
person .
|
|
The Commission is authorized to establish reasonable fees |
and methods
of payment limited to covering only the costs to |
the Commission for processing,
maintaining and generating |
records or data necessary for the computerized
production of |
documents, records and other materials except to the extent
of |
any salaries or compensation of Commission officers or |
employees.
|
All fees collected by the Commission under this Section |
shall be deposited
in the Statistical Services Revolving Fund |
and credited to the account of
the Illinois Workers' |
Compensation Commission.
|
(Source: P.A. 93-721, eff. 1-1-05.)
|
Section 1065. The Unemployment Insurance Act is amended by |
changing Section 601 as follows:
|
(820 ILCS 405/601) (from Ch. 48, par. 431) |
Sec. 601. Voluntary leaving. |
A. An individual shall be ineligible for
benefits for the |
week in which he or she has left work voluntarily without good
|
cause attributable to the employing unit and, thereafter, until |
he or she has become
reemployed and has had earnings equal to |
or in excess of his or her current weekly
benefit amount in |
each of four calendar weeks which are either for services
in |
employment, or have been or will be reported pursuant to the |
provisions
of the Federal Insurance Contributions Act by each |
|
employing unit for which
such services are performed and which |
submits a statement certifying to that fact.
|
B. The provisions of this Section shall not apply to an |
individual
who has left work voluntarily:
|
1. Because he or she is deemed physically unable to |
perform his or her work by a licensed
and practicing |
physician, or because the individual's assistance is |
necessary for the
purpose of caring for his or her spouse, |
child, or parent who, according to a licensed and |
practicing physician or as otherwise reasonably verified, |
is in poor physical
or mental health or is a person with a |
mental or physical disability mentally or physically |
disabled and the employer is unable to accommodate the |
individual's need to provide such assistance;
|
2. To accept other bona fide work and, after such |
acceptance, the individual
is either not unemployed in each |
of 2 weeks, or earns remuneration for such
work equal to at |
least twice his or her current weekly benefit amount;
|
3. In lieu of accepting a transfer to other work |
offered to the individual
by the employing unit under the |
terms of a collective bargaining agreement
or pursuant to |
an established employer plan, program, or policy, if the
|
acceptance of such other work by the individual would |
require the separation
from that work of another individual |
currently performing it;
|
4. Solely because of the sexual harassment of the |
|
individual by another
employee. Sexual harassment means |
(1) unwelcome sexual advances, requests
for sexual favors, |
sexually motivated physical contact or other conduct
or |
communication which is made a term or condition of the |
employment or
(2) the employee's submission to or rejection |
of such conduct or communication
which is the basis for |
decisions affecting employment, or (3) when such
conduct or |
communication has the purpose or effect of substantially |
interfering
with an individual's work performance or |
creating an intimidating, hostile,
or offensive working |
environment and the employer knows or should know of
the |
existence of the harassment and fails to take timely and |
appropriate
action;
|
5. Which he or she had accepted after separation from |
other work, and the work
which he or she left voluntarily |
would be deemed unsuitable under the provisions
of Section |
603;
|
6. (a) Because the individual left work due to verified |
domestic violence as defined in Section 103 of
the Illinois |
Domestic Violence Act of 1986 where the domestic violence |
caused the individual to reasonably believe that his or her |
continued employment would jeopardize his or her safety or |
the safety of his or her spouse, minor child, or parent
|
if the individual provides the following:
|
(i) notice to the employing unit of the reason for |
the
individual's
voluntarily leaving; and
|
|
(ii) to the Department provides:
|
(A) an order of protection or other |
documentation of equitable relief
issued by a |
court of competent jurisdiction; or
|
(B) a police report or criminal charges |
documenting the domestic
violence; or
|
(C) medical documentation of the domestic |
violence; or
|
(D) evidence of domestic violence from a |
member of the clergy, attorney, counselor, social |
worker,
health worker or domestic violence shelter |
worker.
|
(b) If the individual does not meet the provisions of |
subparagraph (a), the
individual shall be held to have |
voluntarily terminated employment for the
purpose of |
determining the individual's eligibility for benefits |
pursuant to
subsection A.
|
(c) Notwithstanding any other provision to the |
contrary, evidence of
domestic violence experienced by an |
individual, or his or her spouse, minor child, or parent, |
including the individual's
statement and corroborating |
evidence, shall not be disclosed by the Department
unless |
consent for disclosure is given by the individual.
|
7. Because, due to a change in location of employment |
of the individual's spouse, the individual left work to |
accompany his or her spouse to a place from which it is |
|
impractical to commute or because the individual left |
employment to accompany a spouse who has been reassigned |
from one military assignment to another. The employer's |
account, however, shall not be charged for any benefits |
paid out to the individual who leaves work under a |
circumstance described in this paragraph. |
C. Within 90 days of the effective date of this amendatory |
Act of the 96th General Assembly, the Department shall |
promulgate rules, pursuant to the Illinois Administrative |
Procedure Act and consistent with Section 903(f)(3)(B) of the |
Social Security Act, to clarify and provide guidance regarding |
eligibility and the prevention of fraud. |
(Source: P.A. 95-736, eff. 7-16-08; 96-30, eff. 6-30-09.)
|
Section 9999. Effective date. This Act takes effect upon |
becoming law.
|
|
INDEX
|
Statutes amended in order of appearance
|
|